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HomeMy WebLinkAbout19-05 Hilda Maye Meadows 19 Lots 4.67 Acres Back Creek - Backfile (2)• Subdivision Checklist 1. Comment sheets from the following agencies, along with any marked copies of the plan: VDOT City of Winchester GIS (Road Name Review) Sanitation Authority Health Department Inspections Department - Parks & Recreation Fire Marshal County Engineer 2. One copy of the subdivision application J/ Application received. Fee paid (amount: $ O O Information entered in d-BASE and Reference Manual E. / 0 • U 6- , ile given to Renee' to add to Application Action Summary Plat(s) signed by Subdivision Administrator l -� LL lei er to applicant/agent A) F% Copy of final subdivision plat(s) [with signatures] made and given to Mapping and Graphics Manager for structure numbering assignment Updated d-BASE and Reference Manual File given to Renee'. to update Application Action Summary Final plat(s) submitted with review agency signatures along with: - ---- Recorded deed of dedication — ---- ------ Bond estimate (if required) $ 0A0pentions Manualhubdivision.trk Revised' 0/24/02 O o �? d i. � ` l��. 3 DAr� ® N 4- O RECEIVED FROM00 —� --- co ADDRESS N -yj _ DOLLARS CL.�l" o > / / r} u ¢r FOR =.C�}� F. 4_, t o Q y IV b!) ACCOUNT I CASH I ---` ���� •_"'' O r' AMT. PAID QC7C� - BADUECE I CHECK R•i a- I { ,4 -��;, j�.'�, U C� •�,�+ O ORDER BY �^ '�.'.-`�. C t w 2-a — Ln 0 0 DATES `i P NO. 4 coa)C) � RECEIVED FROM /cc / ) }}- cc `;' ADDRESc�! SC{ I l"; }t(��< i ( C. Ll a t V1 r. c� N�-+ t ,1.f1 r =— S5 ✓� o Q O NDJ[_EARS i 1, FOR i� a�. �.�cJ A ���y:� {"` F Q �� a . O ,xUi i ■ AMT. OF IIIIFI II �i � � O 1 ;." ACCOUNT I CASH I AMT. PAID `K'j '� CHECK --^ - 1r � U i BALANCE I MDNEY I DUE ORDER / BY.. '*-�. 2X.. l� O wa�3`r t v M 41 050020941. _o THIS DEED OF EASEMENT AND DEDICATION, made this day of /7yGof i , 2005, by and between ROBERT S. SMITH and DONNA J. SMITH, party of the first part, hereinafter called the Grantor, and COUNTY OF FREDERICK, VIRGINIA, party of the second part, hereinafter called the Grantee. WITNESSETH: That for and in consideration of the sum of One Dollar ($1.00), cash in hand paid and other valuable consideration, receipt whereof is hereby acknowledged, the Grantor does grant and convey, unto the Grantee, with General Warranty of Title, the following easements: TEMPORARY CONSTRUCTION EASEMENT: A 15' temporary construction easement on the lot described as the "Donna J. Lightner Property" as shown on the plat ofFranklin E. Jenkins, Land Surveyor, dated August 17, 2005, attached to a certain Deed of Dedication to County of Frederick, Virginia from Charles H. Harless and Nelda L. Harless, Husband and Wife, which deed is dulyrecorded immediately prior hereto, reference being hereby made to said plat for a more complete description of the subject easement. The temporary construction easement conveyed above is for the purpose of providing space for boring and construction work in connection with placing a 100' Full Turn Lane turning lane along State Route 652 (Apple Valley Road), said temporary easement to expire upon the first to occur of the completion of construction of the said turn lane or on September 30, 2005. The easement herein conveyed is over and upon a portion of the Grantor's land acquired by deed of record in the Office of the Clerk of the Circuit Court of Frederick County, Virginia, as instrument number 010002422. TAX MAP NO.63-A-48. "oasis AJore+s r0NR c I I permanent right of way for a 100' Full Turn Lane along Route 652 (Apple Valley Road), together ATrOR EVS AT LAW Y MC14ESTM MRWAA _o w 0 with the right to construct, operate, maintain, repair and replace the same, as shown on the above referenced plat. Grantor shall retain the right to use her land which is subject to the easement acquired herein m anymannerwhich shallnot interfere with the use and enjoyment of said rights by Grantee. Grantor shall at all times have the right to cross over and upon the said easement and to use the surface over the said easement in such manner as will neither injure nor interfere with the rights acquired by Grantee herein, except that no building or other structure shall be erected over said easement unless by mutual consent of the parties or their successors. Whenever the enjoyment of its rights hereunder requires Grantee to disturb the surface of the ground, it shall be the obligation of Grantee to restore the same to its condition prior to being so disturbed at Grantee's expense. WITNESS the following signature and seal: &&-k (SEAL) Robert S. Smith ,4�j a:A4 �- (SEAL) Donna J. S th COMMONWEALTH OFyIRCoINIA, CITY/COUNTY OF J,..e 6(,664 <AL , to -wit: The foregoing istpuntent was acknowledged before me this day of 2005 by, V Robert S. Smith and Donna J. Smith. My Commission Expires: P"Va 4r o c6 V1RUIN1A: FREDERICK COUNTY, SCi'. This instrument of writing was produced to me :,apt with certificate of acknowledgement thereto annexed w:u ad 'tta d to record. T imposed by Sea 58.1.802 of �K . and 58.1-801 have heen paid, ifi3sess^able 4.1,e4 444 d-V , Cift OA•FK3& BEAT. tPaconaffamBzWm C�Ou.ETiE Q MENM, OF WICHESM LW kMy Can Ex*" Bowman C O N S U L T I N G December 10, 2004 Ms. Candace Mills Frederick County Department of Planning and Development 107 N. Kent Street Winchester, VA 22601 RE: Hilda Maye Meadows BCG #2764-01-001 Dear Ms. Mills, This letter is in regards to the project known as Hilda Maye Meadows. We request that a waiver be granted for the proposed VDOT street that provides access to the subdivision. The street will cause two existing lots to become nonconforming to the setback requirement of 35' from the VDOT right-of-way. We request that this waiver be granted on the basis that the only access to the site is via the proposed street. The boundaries for the property prevent it from being accessed by any other route. Sincerely, BOWMAN CONSULTING GROUP 3r -?� .-t M&AW-k- Jason B. Freeman Design Engineer ABC 10 zooa FREDERICK COUNTY -' PL ANNINO & DEVFL0PMFNT Bowman Consulting Group, Ltd. 124 East Cork Street • Winchester,VA 22601 722.2343 • Fax: 540.722.5080 . www.bowmanconsulting.com 2: E S E REQUESTING AGENT: DEPT. OF GEOGRAPHIC INFORMATION SYSTEMS FREDERICK COUNTY, VIRG]NIA GIS, MAPPING, GRAPHICS WORD REQUEST DATE RECEIVED: REQUESTED COMPLETION DATE: U Department, Agency, or Company: Mailing and/or Billing Address: Telephone: FAX: E-mail Address: ESTIMATED COST OF PROTECT: DESCRIPTION OF REQUEST: (Write additional infornaatio kofsequest.)-------- �' 63 - h - 5 '� toT KJ -4 62 -A - 5a fi DIGITAL: PAPER: FAX: SIZES: COLOR: BLACK/WHITE: NUNMER OF COPIES:, STAFF MEMBER.: COMPLETION DATE: MATERIALS: DATE OF PICK-UP/DELIVERY: AMOUNT DUE: AMOUNT PAID: AMOUNT BILLED: METHOD OF PAYMENT: CHECK NO.# Frederick County GIS, 107 North Kent Street, Winchester, VA 22601, (540)665-5651) J Jan-12-2005 02:03pm From-HARRISON AND JOHNSTON 54086TTS93 MEMORANDUM OF AGREEMENT OWNT RS: Robert S. Smith and Donna J. Smith q DEVELOPER: PARCEL: DATE: Denny Derflinger 63-A-47 DB 682 PG 506 January 12, 2005 T-935 P.002/005 F-996 the pxt IC5 lllUtUxiiy ugi ce alai cue vwucca WIMI eaeeuix auu ueiiver iu Lae Developer an Easement in substantial conformity with the proposed Easement hereto attached, which is incorporated herein, and Developer shall construct the modified taper as shown on the attached draft plat. The Developer shall protect Owners' property as much as reasonably possible in using his easement. A faxed copy of this agreement bearing both signatures shall be as valid as the original. De eloper Owner Owner E 1.AN j FREDER,Cn COUNTY PLAiJfJIiV & [ �PME Jan-12-2005 02:03pm From-HARRISON AND JOHNSTON M96677693 T—W P.003/005 F-996 q THIS DEED OF EASEMENT made this day of 2005., by and between ROBERT S. SNIPI'H and DONNA J. SNUM, parry of the first part, herein. Mier called the Grantor, and COUNTY OF FREDERICK, VIRGMA., party of the second part, h�zeinafter called the Grantee. WITNESSETH: That for and in consideration of the sum of One Dollar ($1.00), cash in hand paid and other valuable consideration, receipt whereof is hereby acknowledged, the Grantor does grant and convey, unto the Grantee, with General WarrantyofTitle, the following easements: TEMPORARY CONSTUMON EASEMENT: A 15' temporary construction ,. 1 .f _ _ - -!I- _ 1 A-ccT%---- T T : 6.a.�._.. T1.._...+..�..» �.^-- .,w A— .+in+ � T^U. 11E C4SC1M;LII U11 11UL /L4 UVb4.L&W%,U a* UJW 1VLId. LL&UULW L LVIJ"Ly a; a.LW'WAA wa uAw K. Erickson, Professional Engineer, dated January 5, 2005, attached hereto as Exhibit A and incorporated herein in full by this reference. The temporary construction easement conveyed above is for the purpose of providing space for boring and construction work in connection with placing a 100' Full Turn Lane turning lane a long State Route 652 (Apple Valley Road), said temporary easement to expire upon the first to occur of the completion of construction of the said turn lane or on September 30, 2005. The easement herein conveyed is over and upon a portion of the Grantor's land acquired by dead of record in the Office of the Clerk of the Circuit Court of Frederick County, Virginia, as insi rument number 010002422. TAX MAP NO.63-A-48. Grantor shall retain the right to use their land which is subject to the temporary easement acqun ed herein in any manner which shall not interfere with the use and enjoyment of said rights by Or. mtee. Grantor shall at all times have the right to cross over and upon the said easement and to use the surface over the said easement in such manner as will neither injure nor interfere with E c E w E JAh 1 FREDERICK COUNTY PLANK NG & DEtiEI.OPPOENT ,Jan—?2—Z00� 02:03pm From-HARRISON AND JOHNSTON 5406677993 T—M P-004/005 F-996 9 The rigats acquired by Grantee herein. Whenever the enjoyment of its rights hereunder requires Grantees to disturb the surface of the ground, it shall be the obligation of Grantee to restore the same t,) its condition prior to being so disturbed at Grantee's expense. WITNESS the following signature and seal: (SEAL) Robert S. Smith (SEAT,) Donna J. Smith Lti AI VI"Ll vs' ♦ 46RC a � CITY!COUNTY OF , to -wit: The foregoing instrument was acknowledged before me this day of 2005 by Robert S. Smith and Donna J. Smith. My Commission Expires: 2 Notary Public ,, 9 JaN I D I nu_ NTY ..tom TENT z ! PROPOSED TRAIL / � F CNARtEsRtESS 63-A CNt1SER, t0 A t• � PG 265 I NARR`( �' L I.tCNI.tiER NE pg 358 RP i ESQ _- .. 3-A-46A. 49 6 18 PC� 425 ZONED. itAt �: S3 2 PG 39 t RP RF tD� T1 R�SiDEN� USE: , TEMPORARY ARY ! CONSTRUCTION CONSTR�C ESMT. AREA= R35.0' EASEMENT 1350 SQ.FT. ! } G_g G LANE----'� �... TURN X-�. 0FULL 0 6 _ �_• 25.8' G IC E _ .... _EXISTING EDGE TAPER_.._ F OPAVEMENT i _ - +o �......� 20 +o ___ EXHIBIT SHOWING EMA MAYS MEADOWS: _ UGHTNER PROPERTY _.�AN:..fEET ) 1 inch = 40 ft. SCALE: 1" = 4V JANUARY 5, 2005 Bowman Consulting Group, Ltd. Winchester Office 124 East Cork Street Winchester, Virginia 22601 Phone: (540) 722-2343 Fax: (540) 722-5080 an www.bowmanconsulting.com C O N S U L T I N Ca ® Bowman Consuking Group, Ltd. BCG PROJECT NO: 2764-01-001 BY: JBF CHK: DWG: P:\2764 — NEFF\2764-01-001\Engineering\Exhibits\2764—FAs ent&hibits\2764—UghtnwProperty—Ot-05-05.dwg SHEET 1 OF 1 pEcEE wE JAN 1 4 ''`?l^ FREDERICK COUNTY PLANNING & DEVELOPMENT Jan-12-2005 02:03pm From-HARRISON AND JOHNSTON r � 5406677693 T-035 P.00Z/005 F-996 f 9 MEiNtORAND[JM OF AiGREEMENF OWNERS: Robert S. Smith and Donna J. Smith DEVELOPER: Denny Derflinger PARCEL: 63-A47 DB 682 PG 506 DATE: January 12, 2005 iue pucciics muiuxiiy ugrce inni the Gwucrs aaaii execuie anti deiiver iu iue Developer an Easement in substantial conformity with the proposed Easement hereto attached, which is incorporated herein, and Developer shall construct the modified taper as shown on the attached draft plat The Developer shall protect Owners' property as much as reasonably possible in using his easement. A faxed copy of this agreement bearing both signatures shall be as valid as the original. D eloper DEcEowE JAN 1 4 ? ")5 FREDERICK COUNTY PLANNING & DEVELOPMENT jan-12-2005 02:03pm From-HARRISON AND JOHNSTON 5406677893 T-935 P.003/005 F-996 f -t. 9 THIS DEED OF EASEMMENT made this day of , 2005, ley and between ROBERT S. SMITH and DONNA J. SMITH, patty of the first part, herein. tfter called the Grantor, and COUNTY OF FREDERICK, VIRGINIA, party of the second part, hereinafter called the Grantee. ♦ ITNESSETH: That for and in consideration of the sum of One Dollar ($1.00), cash in hand paid and other valuable'consideradon, receipt whereof is hereby acknowledged, the Grantor does giant and convey, unto the Grantee, with General Warranty of Title, the following easements: TEMPORARY CONSTRUCTION EASEMENT: A 15' temporary construction I. . J- _.__'L _ -I-- GR���.�.. T T : 1s...... n�_.��.,,r. l7 w ..Ln..wi. nw tUa _U+ nC Tnti" ca:.SS6.lwail Uil Uli-i IUD Uriclibt u W Uj%, jJa711114 J. LL5"I-11W A tVi./Mi l� wJ .auV �.0 vaa -A- 1,— — .-- 9 K. Erickson, Professional Engineer, dated January 5, 2005, attached hereto as Exhibit A and 9 incorporated herein in full by this reference. The temporary construction easement conveyed above is for the purpose of providing space for boring and construction work in connection with placing a 100' Full Turn Lane turning lane along State Route 652 (Apple Valley Road), said temporary easement to expire upon The first to occur of the completion of const action of the said turn lane or on September 30, 2005. The easement herein conveyed is over and upon a portion of the Grantor's land acquired by def-d of record in the Office of the Clerk of the Circuit Court of Frederick County, Virginia, as instrument number 010002422. TAX MAP NO.63-A-48. Grantor shall retain the right to use their land which is subject to the temporary easement acquir ed herein in any manner which shall not interfere with the use and enjoyment of said rights by Gr. wtee. Grantor shall at all times have the right to cross over and upon the said easement and to use the surface over the said easement in such manner as will neither injure nor interfere with 1 pECEE WE J A N 1 G L9005 FREDERICK COUNTY PLANNING & DEVELOPMENT Jan-12-200§ 02:03pm From-HARRISON AND JOHNSTON t I 548667683 T-835 P.004/005 F-226 the rights acquired by Grantee herein. Whenever the enjoyment of its rights hereunder requires Grantea to disturb the surface of the givund, it shall be the obligation of Grantee to restore the same t.? its condition prior to being so disturbed at Grantee's expense. WITNESS the following signature and seal: (SEAL) Robert S. Smith (SEAL) Donna J. Smith �,.�l1Y11�iVN r� • '� • a u va • CITY!COUNTY OF to-wft: The foregoing instrument was acknowledged before me this day of . 2005 by Robert S. Smith and Donna J. Smith. My Commission Expires: Notary Public 2 2 p E c E o w E JAN 1 4 12005 FREDERICK COUNTY PLANNING & DEVELOPMENT i — '"PROPOSED TRAIL . NAR�ESS , pONN� CNItjER, R. ' �,RLESS 63—�-4$ARR� C. pG 265 } DB 618 pG 4�� ZpNED• D .SAE OB 322 pG 39 . ZDN�D' Rp DSO' RE ?� Z4�ED' Rp R�.SIDE��tr USE: USE. .., `,j TEMPORARY 15 TE'ORAR`Y ' CONSTRUCTION .�a i -CONSTRUCTII ESM T. AREA R3 EASEMENT 1350 SQ.FT. 5.0 f° G— 9 G— 9 100' FULL TURN , 27.1 CG _w....._ _..__.... ODIFIED .. _. 12'x 48' GR IC— E XISTINC EDGE TAPER_ VEMEN T '° _.._a......- 20 40 EXHIBIT SHOWING _. .. EMA MAYE MMOWS: LIGffMR FRUPERTY --{ IN:.. FEET ) 1 inch = 40 & SCALE: 1" = 40' JANUARY 5, 2005 Bowman Consulting Group, Ltd. Winchester Office 124 East Cork Street Winchester, Virginia 22601 Phone: (540) 722-2343 Fax: (540) 722-5080 an www.bowmanconsulting.com C O N S U L T I N G ® Bowman Consulgng Group, Ltd. BCG PROJECT NO. 2764-01-001 T BY: JBF CHK: DWG: P:\2764 — NEFF\2764-01-001\Engineering\Exhibits\2764— A=nentExhibits\2764—LightnerProperty-01-05-05.dwg SHEET 1 OF 1 p E c E o w E JAN 1 4 2005 FREDERICK COUNTY PLANNING & DEVELOPMENT ;, � .w �� �+ ,,�, ° ,v �. � , a P �' �. i ; � 0 N 05002O940 �- THIS DEED OF EASEMENT AND DEDICATION, made this 3 day of U dJ`r , 2005, by and between DARRELL M. GRIM, party of the fast part, havinal,er called the Grantor, and COUNTY OF FREDERICK, VIRGINIA, party of the second part, hernufter called the Grantee. IWITNESSETH: That for and in consideration of the sum of One Dollar ($1.00), cash in hand and other valuable consideration, receipt whereofis hereby acknowledged, the Grantor doesgra itand convey, unto the Grantee, with General WarrantyofTitle, the followingeasements: • A temporary+cona motion easemem on the Southeeat portion on the grantor's property as shown on the plat of Franklin E. Jenkins, dated August 17, 2005, attached hereto as Exhibit A and incorporated herein in hill by this refe[en temporary construction easement conveyed above is for the purpose of providing space for curbing construction work in commection with the 50' right of way from Route 652 (Apple Valley Road) to the col -de -sac as shown on said plat, the said temporary easement to expire twon the first to occur ofthe completion of construction of the said work or September 30, 2005. A right of way for ingress and egress, together with the right to construct, operate, repair and replace the same, on the Southeast portion of the grantor's property as shown the above refaced plat for ingress and egress from Route 652 (Apple valley Road) to the col - de -sac all shown on said plat e easements herein conveyed areoveranduponaportionofthe Grantor's land acquired . o by deed, of record in the Office of the Clerk of the Circuit Court of Frederick C04 Virginia, in Deed Book 692 at Page 506. TAX MAP NO.63-A-47, Grantor shall retain the right to use his land which is subject to the easement acquired herein m any matter which shall not interfere with the use and eyoyment of said rights by Grantee. Grantor shall at all time have the right to cross over and upon the said easement and to use the surface over the said easement in such manner as will neither injure nor interfere with the rights acquired by Grantee herein, except that no building or other structure shall be erected over said easement unless bymutual consent ofthe parties ortheir successors. Whenever the enjoyment of its rights hereunder requires Grantee to disturb the surface of the ground, it shall be the obligation of the Grantee to restore the same to its condition prior to being so disturbed at Grantee's expense. WITNESS the following signature and seal: &AzJj�- (SEAL) Dwell IVf Grim CITY/COUNTY OOF ff F 2 , to -wit: The f regoing instrument was acknowledged before me this day of PA , 2005 by Darrel M. Grim. My Commission Expires: ��) c)-s v° • _ Notary PIAd or Vol 2 YAP SCALE :1'=2000' � NOTES (V 0 1. THE PROPERTY SHOWN HEREON ISS NOW IN THE NAME OF DARRELL M. GRIMAND ANNA M07R I F GRIM AS RECORDED IN DEED 8001( 882, AT PAGE 508 AMONG THE LAND RECORDS OF FREDERICI( COUNTY, Q% VEiGBN11 AND DEU1011 DARRELL M. GRIM DATE ANNA ONFE K no 3tI �a� I'm(aaI rn-m 7:M. 63 A-44 Nr F ^.� 4YtLS h; FYI- I:A#. 63--A-524 ' 1 116, PG. 1339� DENNIS A: DE,RFLrINGE,R �l iNSIR»(MV164.23 TM. 0-A-455 " _ _ SW_03'39'E rYr'F 84RB444 5lft'2 sx 101.23' , T.M. 63-A-47 C / ^ (ORIGINAL LOT) i l J 0.46229 ACREScel ^ I (ORIGINAL AREA) g r R ,i:m. 63 A-46 0.45396 ACRES 7 (� N: r y (NEW AREA) ► L�il?.Rlck' 7RU57' cD D.B. 863, PG. 1245 ZONED. RP USE- RESIDEV/PiL 2 e� 1 363 SQ. FT. 1 0.00833 ACRES y HEREBY DEDICATED r FOR PUBLIC STREET .0' 400 PURPOSES r C l� r ' r �1 r TM, 63- A- i ChGiRLES H. ,44RLESS HaDv4 L f G1RLM- r D.B. 618, PG. 425 r 'ZONED. .'7P USE- RESIDEMALL C1 8100, r� 7 *32 27 103.47 15' TEMPORARY APPLE VALi,EY ROAD — ; RM. 852 c/L CONSTRUC11ON EASEMENT CURVE DATA AREA TgLI LMN PAROEL 47 20,137 SO. Ft. OR Q46229 ACRES C1 STREET DEDICATION 363 SQ. OR 0.00833 ACRES_ RADIUS - 50.01Y REANNG AREA pARCEL 477 19,774 SQ. Ft: OR 0.45306 ACRES ARC - 70.41' DELTA - W41'06' TANGENT - 42.47' CHORD - 64.74' CHORD MUM - S52'07'00'W PLAT SF(OWING LINE TABLE OF WAY; DEDICATION L1 S11'46'26'1N 42.47'RIGHT L2 N8T32'27'W 42.47' ON THE PRODERTY OF DARRELL ]►�. & mm 1102MM GM 0 50 100 SHAWNEE MAGIST61AL DISTRICT Ild FREDERICK COUNTY, VIRGINIA SCALE IN FEET SCALE : 1'-50' AUGUST 17. 2005 .ram CMO WHI U L T! N O Na MI �...� o.Wbo ut � Ana w � M •, � l01rmiww'i!-elm 0 N c '. IROINIA: FREDERICK CUUNri. SCT. 7 his 1nmmment of writing eras produood to mme on and VAL'r certificatc of acknowledgement thereto annexed was(wi rtted to retard. T unposed by Scc. 58.1-802 of 7 0 , and 58.1-801 have been paid, if assessable ' Clerk MEMORANDUM OF AGREEMENT OWNER: Darrell M. Grim DEVELOPER: Denny Derflinger PARCEL: 63-A-47 DB 682 PG 506 DATE: January 5, 2005 In consideration of the Owner's agreement to execute and deliver to the Developer an Easement in substantial conformity with the proposed hereto attached, which is incorporated herein, the Developer shall provide the following services and/or payment to the Owner: 1. Developer will cut down approximately 3 trees designated by Owner, which trees shall be cut level with the ground. 2. Developer will install the utility lines for the benefit of Owner's residence and he will keep Owner's driveway reasonably graveled and reasonably clear of snow. 3. The Developer shall protect Owner's flower beds as much as reasonably possible in providing these services and using his easement. 4. Developer will make the curb cut for the Owner's front yard. 5. The Developer will pay Owner the sum of $4,000.00 on the first to occur of (1) 6 months after final subdivision plat approval by Frederick County; or (2) July 1, 2005; provided however, that Developer may have a one-time extension up to 3 months thereafter and he shall also be discharged from his obligation if he has not obtained engineering approval for sale of his proposed lots within this period. These services are exclusive to the Owner and are not assignable. This Agreement contains the entire understanding between the parties and shall not be modified except in writing signed by both. This Agreement shall be construed under the laws of the Commonwealth of Virginia and the exclusive jurisdiction for any legal proceedings incident hereto shall be in a court of competent jurisdiction in Frederick County, Virginia. E c E �WE 5 JAN 14 1" FREDERICK COUNTY PLAN'NiN`- &-EVE,_OPWNT 40 n , , W", COMMONWEALTH OF RGINIA CITY/COUNTY OF , to -wit: The foregoing instrument was owledged f me this Io. day of ACC C�,Gc,1 , 2005 by My Commission expires: COMMONWEALTH OF VIRGINIA CITY/ OUNTY OF ''0 , to -wit: The foregoing instrument was knowledged before a this / � day of 2005 by My Comrdssion expires: ddOe Public E c E 0 w JAN 14 7Y�` FREDER'CK COON-Y THIS DEED OF EASEMENT AND DEDICATION, made this / �Z- day of Az , 2005, by and between DARRELL M. GRIM, party of the first part, hereinafter called the Grantor, and COUNTY OF FREDERIC& VIRGINIA, party of the second part, hereinafter called the Grantee. WITNESSETH: That for and in consideration of the sum of One Dollar ($1.00), cash in hand paid and other valuable consideration, receipt whereof is hereby acknowledged, the Grantor does grant and convey, unto the Grantee, with General Warranty of Title, the following easements: TEMPORARY CONSTRUCTION EASEMENT: A temporary construction easement on the Southeast portion on the grantor's property as shown on the plat if Jon K. Erickson, dated January 5, 2005, attached hereto as Exhibit A and incorporated herein in full. by this reference. The temporary construction easement conveyed above is for the purpose of providing space for curbing construction work in connection with the 50' right of way from Route 652 (Apple Valley Road) to the col -de -sac as shown on said plat, the said temporary easement to expire upon the first to occur of the completion of construction of the said work or September 30, 2005. DEDICATION OF PERMANENT EASEMENT FOR INGRESS AND EGRESS: A permanent right of way for ingress and egress, together with the right to construct, operate, maintain, repair and replace the same, on the Southeast portion of the grantor's property as shown the above referenced plat for ingress and egress from Route 652 (Apple Valley Road) to the col - de -sac as shown on said plat. The easements herein conveyed are over and upon a portion of the Grantor's land acquired HARRISON & JOHNSTON,PLC 11 by deed, of record in the Office of the Clerk of the Circuit Court of Frederick County, Virginia, ATTORNEYS AT LAW WINCHESTER, VIRGINIA '7' n s HARRISON & JOHNSTON,PLC ATTORNEYS AT LAW WINCHESTER, VIRGINIA in Deed Book 682 at Page 506. TAX MAP NO.63-A-47. Grantor shall retain the right to use his land which is subject to the easement acquired herein in any matter which shall not interfere with the use and enjoyment of said rights by Grantee. Grantor shall at all time have the right to cross over and upon the said easement and to use the surface over the said easement in such manner as will neither injure nor interfere with the rights acquired by Grantee herein, except that no building or other structure shall be erected over said easement unless bymutual consent ofthe parties or their successors. Whenever the enjoyment of its rights hereunder requires Grantee to disturb the surface of the ground, it shall be the obligation of the Grantee to restore the same to its condition prior to being so disturbed at Grantee's expense. WITNESS the following signature and seal: 41--e- �4±2,.(SEAL) Darrell M. Grim COMMONWEALTH O VIRGINIA CITY/COUNTY , to -wit: ---the foregoing instrument was acknowledged before me this 162 day of 200 by Darrel M. Grim. My Commission Expires: C­Iloy4y Public 2 W/ E Lis J N 1 4 FK'T"'"K COV,,`,TY p! �)!vl E NIT • P G 133 .A110N - � ' ; `� �- DH PR1.Es t�i \A RP IP 25^ RESIDEN�IAi- ; NELpP �• " ZONE ' o RE`} Et�L M GRID � � pSE: Z i 1 50 fig; 6�2 RP � cll ,,-- o�PNN �C) r S� m � :, 46 �}sE ►.:. ; ...... 0. i TEMPORARY R. &11 CONSTRUCTION EASEMENT \' '- TEMPORARY ... CON S TR,U-CTI'ON E`SMT' AREA= 50' RADIUS 1541.63 SQ.FT. q ...p 3 . 2 4-9--_ 26.1' _ R• BE ... U TI LI TY_P-4LE ..._- _ DEDICATED -AREA _ - _ - -TO B'E-REL(YC�ED RAPHIC SCALE A_ .3.BlI-- SQ.rT,.._ :�_-- __...._ ..0 EXHIBIT SHOWING �. 40 u HILDA MAYE MEADOWS: GRIM PROPERTY ( IN FEET) JANUARY 5, 2005 1 inch = 40 ft. SCALE: 1 = 40 Bowman Consulting Group, Ltd. Winchester Office 124 East Cork Street Winchester, Virginia 22601 Phone: (540) 722-2343 Cx Fax: (540) 722-5080 U T N www.bowmanconsuiting.com C O N 5 ® Bowman Consufting Group. Ltd. BY: JBF CHK: BCG PROJECT NO: 2764-01-001 DWG: Ps\2764 — NEFF\2764-01—oot\Enginsering\Exhibits\2764—EuMnOntExhibits\276hGrimPrcPertY 01-05-05SHEET 1 OF 1 .dwg rro'IMING E 1 2005 COUNTY VELOP_ME�,NT - MEMORANDUM OF AGREEMENT OWNER: Darrell M. Grim DEVELOPER: Denny Derflinger PARCEL: 63-A47 DB 682 PG 506 DATE: January 5, 2005 In consideration of the Owner's agreement to execute and deliver to the Developer an Easement in substantial conformity with the proposed hereto attached, which is incorporated herein, the Developer shall provide the following services and/or payment to the Owner: 1. Developer will cut down approximately 3 trees designated by Owner, which trees shall be cut level with the ground. 2. Developer will install the utility lines for the benefit of Owner's residence and he will keep Owner's driveway reasonably graveled and reasonably clear of snow. 3. The Developer shall protect Owner's flower beds as much as reasonably possible in providing these services and using his easement. 4. Developer will make the curb cut for the Owner's front yard. 5. The Developer will pay Owner the sum of $4,000.00 on the first to occur of (1) 6 months after final subdivision plat approval by Frederick County; or (2) July 1, 2005; provided however, that Developer may have a one-time extension up to 3 months thereafter and he shall also be discharged from his obligation if he has not obtained engineering approval for sale of his proposed lots within this period. These services are exclusive to the Owner and are not assignable. This Agreement contains the entire understanding between the parties and shall not be modified except in writing signed by both. This Agreement shall be construed under the laws of the Commonwealth of Virginia and the exclusive jurisdiction for any legal proceedings incident hereto shall be in a court of competent jurisdiction in Frederick County, Virginia. pEcEE wE JAN 14 2005 FREDERICK COUNTY PLANNING & DEVELOPMENT n y' Dev oper Owner COMMONWEALTH OF IRGINIA CITY/COUNTY OF kia , to -wit: The foregoing instrument was , Cknowledged , fo me this day of , Zoos by My Commission expires: COMMONWEALTH OF VIRGINIA CITY/COUNTY OF _.Ol`l'nA ,` , to -wit: The foregoing instrument v 2005 by My Com ssion expires: of pECEoWE JAN 1 4 200E FREDERICK COUNTY PLANNING & DEVELOPMENT f HARRISON & JOHNSTON,PLC I ATTORNEYS AT LAW WINCHESTEI VIRGINIA THIS DEED OF EASEMENT AND DEDICATION, made this day of �Z1 i n% , 2005, by and between DARRELL M. GRIM, party of the first part, hereinafter called the Grantor, and COUNTY OF FREDERICK, VIRGINIA, party of the second part, hereinafter called the Grantee. WITNESSETH: That for and in consideration of the sum of One Dollar ($1.00), cash in hand paid and other valuable consideration, receipt whereof is hereby acknowledged, the Grantor does grant and convey, unto the Grantee, with General Warranty of Title, the following easements: TEMPORARY CONSTRUCTION EASEMENT: A temporary construction easement n„ the QnnthPnct nnrtinn on the grnntor's_nronertv as shown on.the plat if Jon K. Erickson, dated January 5, 2005, attached hereto as Exhibit A and incorporated herein in full by this reference. The temporary construction easement conveyed above is for the purpose of providing space for curbing construction work in connection with the 50' right of way from Route 652 (Apple Valley Road) to the col -de -sac as shown on said plat, the said temporary easement to expire upon the first to occur of the completion of construction of the said work or September 30, 2005. DEDICATION OF PERMANENT EASEMENT FOR INGRESS AND EGRESS: A permanent right of way for ingress and egress, together with the right to construct, operate, maintain, repair and replace the same, on the Southeast portion of the grantor's property as shown the above referenced plat for ingress and egress from Route 652 (Apple Valley Road) to the col - de -sac as shown on said plat. The easements herein conveyed are over and upon a portion ofthe Grantor's land acquired by deed, of record in the Office of the Clerk of the Circuit Court of Frederick County, Virginia, 1 ®ECE�WE JAN 14 2005 FREDERICK COUNTY PLANNING & DEVELOPMENT HARRISON & JOHNSTON.PLC I ATTORNEYS AT LAW WINCHESTER. VIRGINIA in Deed Book 682 at Page 506. TAX MAP NO.63-A-4?. Grantor shall retain the right to use his land which is subject to the easement acquired herein in any matter which shall not interfere with the use and enjoyment of said rights by Grantee. Grantor shall at all time have the right to cross over and upon the said easement and to use the surface over the said easement in such manner as will neither injure nor interfere with the rights acquired by Grantee herein, except that no building or other structure shall be erected over said easement unless bymutual consent ofthe parties or their successors. Wheneverthe enjoyment of its rights hereunder requires Grantee to disturb the surface of the ground, it shall be the nbt; aat;nn of the Grantee to restore thr....same to its . condition _ prior to being so disturbed at Grantee's expense. WITNESS the following signature and seal: (SEAL) Darrell M. Grim COMMONWEALTH OF VIRGINIA CITY/COUNTY OF u Ctx._v�K , to -wit: The foregoing instrument was acknowledged before me this /62 day of 200 by Darrel M. Grim. My Commission Expires: !'d7.1 &_ �-IQot Public 2 rl JAN 14 2005 FREDERICK COUNTY PLANNING & DEVELOPMENT pC 133� - SEPAROU41 SIDEN�AL 25 RESIDENTIAL CHAP � : N � pRRE� � � • GRI� . " �`' .- Q �? � •, REST 63-�. 47 t „^ (F/K) / pG �� i <' z i ii _J � f; JOH A ,�Rus-1 v8 0 Z �D • ENS AI- i , � � � � '"".._- �ARRICK 63 A -4612�5 RES10 f m i USE r { , I 863 pC DB - ....%, ESIDEN ell f USE. R -- i _._ TEMPORARY 0.. R. ! CONSTRUCTION TEMPORARY EASEMENT ii CONSTRUCTION - .. -- -- -"" ,. ESMT: AREA= 1541 . 63 SQ 50' RADIUS I .FT. __.._. _._. ....R. BE DEDICATED __'-_ UTILITY_ p_v-LE - - - — _- - --g-RELNCATED RAPHIC SCALE REA--.fi3:1-..SQ.FT a___---- 40 0 zo - ,0 _. _ EXHIBIT SHOWING �. HILDA MAYE MEADOWS: ( IN FEET) GRIM PROPERTY i inch = 40 ft. SCALE: 1" = 40' JANUARY 5. 2005 Bowman Consulting Group; Ltd. Winchester Office 124 East Cork Street Winchester, Virginia 22601 Phone: (540) 722-2343 - Fax: (540) 722-5080 L www.bowmanconsult, g.com C_ S ' N G U L T ® Bowman Consulting Gro' r w. _ BCG PROJECT NO: 2764-01-001 1 BY. JBF CHK: DWG. P:\2764 — NEFF\2764-01-001\Engine"g\Exhibits\2764—Em entExhibits\276+—GftProperty-01-05-05.dwg SHEET 1 OF 1 DE DJAN 1 4 2005 FREDERICK COUNTY INNING & DEVELOPMENT z F 05O020938 o THIS DEED OF EASEMENT AND DEDICATION, made this y day of r - ,2005, by and between CHARLES H. HARLESS and NELDA L. HARLESS, parties of the first part, hereinafter collectively called the GRANTORS, and COUNTY OF FREDERICK. VIRGINIA. party of the second part, hereinafter called the GRANTEE. WITNESSETH: That for and in consideration of the sum of One Dollar ($1.00), cash in hand paid and other valuable consideration, receipt whereof is hereby acknowledged, the Grantors do grant and convey, unto the Grantee, with General Warranty of Title, the following easements: TEMWORARY CONSTRUCTION EASEMENT: A temporary construction easement on the Southwest portion on the Grantors' property as shown on the plat of Franklin E. Jenkins, Land Surveyor, dated August 17, 2005, attached hereto as Exhibit A and incorporated herein in MI by this reference. The temporaryconstruction easement conveyed above is for the purpose ofproviding space for curbing construction work in connection with the 100' Full Turn Lane along Route 652 (Apple Valley Road) as shown on said plat and in connection with the 50' right of way from Route 652 (Apple Valley Road) to the cul-de-sac as shown on said plat, the said temporaryeasement to expire upon the first to occur of the completion of construction of the said work or September 30, 2005. INGRESNAND EGRESS: A permanent right of way for a 100' Full Turn Lane along Route 652 (Apple Valley Road) and a permanent right of way for ingress and egress, together with the right to construct, operate, maintain, repair and replace both of said rights of way, on the Southwest portion of the Grantors' property as shown on the above referenced plat, for ingress and egress 1 0 ca from Route 652 (Apple Valley Road) to the cul-de-sac as shown on said plat; provided, however, that the Grantee's existing driveway entrance shall be allowed to remain open. The easements herein conveyed are over and upon a portion of the Grantors' land acquired by Deed, of record in the Office of the Clerk of the Circuit Court of Frederick County, Virginia, in Deed Book 618, at Page 425. TAX MAP NO.63-A-46A. Grantors shall retain the right to use their land which is subject to the easement acquired herein in any matter which shall not interfere with the use and enjoyment of said rights by Grantee. Grantors shall at all times have the right to cross over and upon the said easement and to use the surface over the said easement in such manner as will neither injure nor interfere with the rights acquired by Grantee herein, except that no building or other structure shall be erected over said easement unless by mutual consent of the parties or their successors. Whenever the enjoyment of its rights hereunder requires Grantee to disturb the surface of the ground, it shall be the obligation of the Grantee to restore the same to its condition prior to being so disturbed at Grantee's expense. WITNESS the following signatures and seals: [•G� rJ- �9z*-�� (SEAL) CHARLES H. HARLESS AMA L. HAVJESS �.'M.1��'�+�' STATE OF VIRGINIA, AT LARGE, CITY/COUNTY OF W r1 r h 6!J& -1 Crpdu- ,-K , to - The foregoing instrument was acknowledged before 191 2005, by Charles H. Harless. My Commission Expires: me thy' . 44' %dav'•of CD STATE OF VIRGHUA, AT LARGE CITY/COUNTYOF W,10he4g, to -wit: The flo going instrument was acknowledged before me this day of --j4u a 2005, by Nelda L. Harless. n My Commission Expires: I-P -I)n 4:.0- t4y7#ubni _VICINITY MAP SCALE : 1 =2000' NOTES 1. THE PROPERTY SHOWN HEREON IS NOW IN THE NAME OF CHARLES H. HARLESS D HELDA L HARLESS AS RECORDED IN DEED BOOK 618, AT PAGE 425 AMONG THE LAND RECORDS F FREDERICK COUNTY, VIRGINIA AND DELINEATED AS TAX MAP 63-A-46A. 2. THE BASIS OF MERIDIAN AND BOUNDARY INFORMATION SHOWN HEREON IS BASED PON EXISIiNG LAND RECORDS OF FREDERICK COUNTY VIRGINIA AND DOES NOT CONSTITUTE A BOUNDARY SU BY THIS FIRM. 3. THE PROPERTIES SHOWN HEREON ARE SUBJECT TO ALL COVENANTS AND RESTRIC IONS OF RECORD AND THOSE RECORDED HEREWITH. THE SURVEYOR HAS NOT BEEN PROVIDED A CURRENT TITLE REPORT AND THUS CANNOT CANNOT STATE AS TO THE EXISTENCE OF ANY COVENANTS AND RESTRICTIONS. OWNER'S CONSENT THE ABOVE AND FOREGOING 'RIGHT OF WAY DEDICATION' OF THE LAND OF CHARLP. H. HARLESS AND HELM L HARLESS AS APPEARS IN THE ACCOMPANYING PLAT, IS WITH THE FREE CONSENT AP D IN ACCORDANCE WITH THE DESIRES OF THE UNDERSIGNED OWNER(S), PROPRIETOR(S), AND/OR TRUSTEES , IF ANY. d'i" 4 D CHARLES H. HARLESS DATE //1a'b O�l� 4— . t Ta /V _L.DA L HARLESSDATE NOTARY PUBLIC ;w4` STATE OF CITY/COUNTY OFO i''Ir=, THE FO GOING INSTRUMENT WAS ACKNOWLEDGED BEFORE ME ON THIS DAY =. OF v23'2Q.� BY a 2 r 55 MY COMMISSION EXPIRES ,,?009 SURVEYOR'S CERTIFICATE UPAROVALS I, FRANKLIN E. JENKINS, A DULY LICENSED LAND SURVEYOR IN THE COMMONWEALTH OF VIRGINW, DO HEREBY CERTIFY THAT THE LAND SHOWN HEREON IS NOW STANDING IN THE NAME OF CHARLES H. HARLESS AND HELM L HARLESS, AS RECORDED IN DEED BOOK 618, AT PAGE 425 AMONG THE LAND RECORDS OF FREDERICK COUNTY, VIRGINIA. SAID DEED BEING THE LAST INSTRUMENT IN THE CHAIN OF TITLE. PLAT S OWING I FURTHER CERTIFY THAT THIS PLAT IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE RIGHT OF WAY DEDICATION AND BELIEF. SHOULD MY SERVICES BE RETAINED ON THE PRCPERTY FOR THE PURPOSE OF SETTING CORNERS (IRON RODS) I CERTIFY THAT SUCH MONUMENTS SHOWN CHARLES HIR OF HELDA L. HEREON NOTED AS "IRS' SHALL BE SET IN ACCORDANCE WITH THE REQUIREMENTS OF FREDERICK COUNTY LAND SUBDIVISION AND DEVELOPMENT ORDINANCE. SHAWNEE MAGAL SS DISTRICT FREDERICK C, VIRGINIA FRANKLIN E. JENKINS DATE SCALE 1"=50' AUGUST 17, 2005 DWG: P. T BASE-KAM T7itPM 7-27-05 SHEET 1 OF 2 Op D REVISION Bo vmm lip c o N s u L T I N a FEANKLTN E. JENMS No. 2061 c ua. Phu rn-2343 Few (sue m-aao 1 -mm 124 Ead cwk O Bmnm aa46 ua r � � .?ilv*S'!,R. 0 4-00 16423' anEOAV* SPACE E, S87:44:1 9 -E C) '00,00, —7— T.M. 63-A-46A (ORIGINAL LOT) 0.50274 ACRES Tra. 63 A C) /93e c; 4(ORIGINAL AREA) I -- --l-, / iol 'VANA "I.B. 7Y7, JOG. l0m 1 5 0.49780 ACRE `4 (NEW AREA) cell cQ 215 SQ. FT. 20.0- 0.00494 ACRES N, 40.0 HEREBY DEDICATED FOR PUBLIC STREET PURPOSES 15 TEMPORARY r ' 400 F CONSTRUCTION U H 0 R R PU RPOSES U 'J�B PU BLIC DEDICATED j D I S OS C 'I A T STREET ED ET D i*v 1 RP 4E ► cl 17ASEMENT ---'r '0.22 ► N 3 W 9 1 60.22' 87*32 21"W 97.71' 26.8' —CIL— — - APPLE VALLEY ROAD RTE. 652 AREA TAB I ILATION CURVE DATA PARCEL 46A 21,899 S). FT. OR 0.50274 ACRES @ STREET DEDICATION 215 S ). FT. OR 0.00494 ACRES RADIUS = 40.00' REMAINING AREA ARC = 40.40' PARCEL 46A 21,684 S). FT. OR 0.49780 ACRES DELTA - 57*52'09* TANGENT - 22.11' PLAT SHOWNG CHORD - 38.70' CHORD BEARING = N5Er36'16"W RIGHT OF WAY DEDICATION LINE TABLE ON THE PRODERTY OF Ll N87*32'21'W 36.94' CHARLES H. HMA L. L2 Nll*46'26*E 18.98' SS 0 50 100 SHAWNEE MAGIS RIAL DISTRICT FREDERICK COLIN MRGINIA 5 SCALE IN FEET SCALE 1"=50' AUGUST 17, 2005 DWG: I'l T PEM 7-27-Mdvg SHEET 2 OF 2 TH OF yf REVISION V C 0 N U L T I N 43 rFRnMAANKLJN E. JENIUNOS No. 2061 UCL 124 Eck Cwk -M�= 722-MM wahmkw. vbo - I O VIRGININ. FREDERICK COUNTY, SCT. This insstttrwnentt of writing was produced to me on nd with certificate of acknowledgement thereto annexed was ad ted to record. T ivnposed by Sec 58.1-802 of and 38.1•801 have been paid, if assessable 4J , Clerk 05 4 70 1 AGREEMENT 0 THIS AGREEMENT made and entered into this 10` � day of January, c-n 2005 between Charles H. Harless and Nelda L. Harless, Husband and Wife (herein referred to as "Owners") and Dennis V- Derilinger (herein referred to as "Developer"). WHEREAS, Owners own a certain parcel of land in Frederick County, VhzWb known as TM Parcel 63-A-46A and more fully described in Deed Book 618 at page 425 among the land records of the Circuit Court of Frederick County, Virginia; and WHEREAS, the Developer is the owner of a certain parcel of land containing 4.39 acres, more or less, identified as TM Parcel 63-A-52A, as more fully described in a certain deed of record in the above mentioned Clerk's Office as Instrument #040016423, which property Developer seeks to subdivide under the ordinances and regulations of Frederick County, Virginia and in general conformity with Developer's attached proposed plat of subdivision; and WHEREAS, in connection with the above sob division process through Frederick County, the Developer needs certain Easements from the Owners as hereinafter described, for which the Developer is willing to provide certain services and/or to pay certain compensation. NOW THEREFORE, in consideration of the mutual promises herein contained and for other good and valuable consideration, the parties do hereby mutually agree, as follows: 1. In consideration of the Owners' agreement to execute and deliver to the Developer an Easement in substantial conformity with the proposed attached Easement, a copy of which is incorporated herein, the Developer shall provide the following services and/or payments to the Owners: A. Developer shall cut down and remove 4 trees as designated by Owners on or near the common boundary line between the parties; and B. Developer shall, within 60 days of the completion of the required sewer Hue for this subdivision, but no later than December 31, 2006, install a sewer line and connection for Owners from Owners' house to the County sewer line as shown on the attached proposed subdivision plat, and Developer shall provide Owners with any easement across his property and approvals required with this connection. The Developer shall complete this connection no later than December 31, 2006, unless the parties mutually agree otherwise. In the event that this f, O connection is not so timely completed, Owners may cause Developer to specifieally rn perform such installation, or, at Owners' option, Developer shall provide the Owners with all easements and approvals necessary for such installation, and he shall pay the Owners the sum of $10,000.00 as liquidated damages in fall satisfaction of this obligation, unless the parties mutually agree otherwise; and C. Developer, prior to the finalization of the subject Deeds of Easement, shall provide the Owners with precise areas by survey that are to be conveyed or dedicated; and D. Developer shall provide Owners with the 20' easement for an alternate driveway as shown on the plat of subdivision, including the 12' asphalt driveway easement also shown on said plat, a sample of which Easement Deed is attached hereto. The three (3) CG-9 entrances referenced on the subject plat shall be constructed in accordance with VDOT standards and shall likewise be completed by December 31, 2006. The 12' asphalt driveway must be at least "PE 1" standard, meaning approximately 6 inches of aggregate/stone base and at least 2 inches of asphalt, said driveway to be completed by December 31, 20K In the event the entrance ways or the driveway referenced herein is not completed by December 31, 2006, and, if there is no written and signed mutual agreement otherwise, Developer shall pay the Owners the sum of $ 1,000.00 for each such entrance not timely completed and the sum of $ 1,500.00 for the driveway not timely completed, which payments shall represent liquidated damages in foil satisfaction of each such obligation. 2. This Agreement shall be recorded at the expense of the Developer and the terms hereof shall ran with the respective dtle of each party's property, and this agreement shall be binding on the successors and assigns of each party. 3. This Agreement is contingent on the approval by Frederick County of Developer's proposed subdivision, and, if said subdivision is not approved by December 31, 2005, this Agreement shall be without effect and shall be nall and void, unless the parties otherwise mutually agree in writing signed by both. 4. Time is of the essence with respect to this Agreement. This Agreement contains the entire understanding between the parties and shall not be modified except in writing signed by both. This Agreement shall be construed under the laws of the Commonwealth of Virginia and the exclusive jurisdiction for any legal proceedings incident hereto shall be in a court of competent jurisdiction in Frederick County, Virginia. Should either party breach its obligations under this Agreement, the non -breaching party shall be entitled to recover reasonable attorneys fees and costs from the other. � W1, F • all COMMONWEALTH OF VIRGINIA CITYICOUIM OF 1,J; j,) UA E- L El&z- , to -wit: The foregoing instrument was acknowledged before me this Y-L- day of I, 61!,� = 2005 by My Commission expires: -L U -D, 00 &Jlm� NotartPublic COMMONWEALTH OF VIRGINIA aryidOwpir OF W YKCA 066k— to -wit: tiIng Instrument was acknowledged before me this `�day of U n , i � 2005 by 'my mmission expires: OJJA ir Notary Public EALTH QF VIRGINI�� 1� "Mic n"V=awti OF dX 0 to -wit: Tn f6V oing instrument was acknowledged before me this ff)46- day of 2005 by 99mrnilision expires: QU 01 -0+ 3 2W-7 U Notary Public Z. 41LIC ' rho PROPOSED TRAIL pRAFT I ,_ ti \ NP S. UGNj J w CHARIES H �PRR 63-A-48 265 358 PG I ES 63- 4 ZQNED� RP�iPt I, 1 OB 618 PG •- � RES5��Q �'^ S Z00, R AA�`7 � RAPS SCtA4 mob : REg@E w of WGRE9;S j C GF�ESS-nr itASIMENT t �s=aoTE1;viPORWRY Cj LY CON : ( + E* S AREA='Y + I 'h4.58. ASPHALT ! SQ• r !" +DRIVEWAY 15' TEMPO R'Y QON5TRl1 40 R.O.W. TO aEJEASEMENT D + RADIUS DEDICATED - R AREA=215.4 1 .FT. + G-9orl 31' S W 26. 2 .8' -- 1X.--EDGE OF L �-- tTILITY---P()LE- PAVEMENT ----T6 BE -,- - i G —14- N•TRW�CE RELOCA_T_ ED__— U: tt)TY POLE _ - EXHIBIT SHOWING -- -- ------ To BE -RE-Lt CAT€ --' IMA MAYS MWOWS: --� - HARLESS PROPERTY ` --- SCALE: 1' = 40' JMUARY 5, 2005 Bowmen Consulting Group LM. Winchester office 124 East cork street Winchester, Virginia 22601 Phone: (540) 722-2343 flowm ni Fax: (540) 722-5M www.Wwmanconsulfing.com C O N S V L T , N p Bowman Consulting Gcwp, Ltd. BCG PROJECT N0: 2764-01-001 BY:JBf CHK: UWG. a�04 — �g4-p�-071W-ing\hlbi,.\2764—EasarnantEYhlEIta\2784—HarleaPropartY Ot-os-os.arro SHEET 1 OF 1 �.•. R b AFT not. aiw.�uc.y su�mca . THIS DEED OF EASEMENT is made this day of , 2005, by and between DENNIS K. DERFLINGER, party of the first part, hereinafter called the GraaR, and CHARLES H. HARLESS and NELDA L. HARLESS, Husband and Wife, parties of the second part, hereinafter called the Grantees. o WITNESSETH: WHEREAS, the Grantor is the sole owner of the property described as Tax Map Parcel 63-A-52A containing 4.39 acres as shown in a certain deed dated August 17, 2004 from Judy Michael Neff and recorded as Instrument #040016423 in the Clerks Office of the Circuit Court of Frederick County, Virginia; and WHEREAS, the Grantor has subdivided said propertyas shown on a certain plat of survey dated January 5, 2005 by Jon K. Erickson, Professional Engineer, attached hereto as Exhibit "A" and incorporated herein by reference; and WHEREAS, it is the desire and intent of the Grantor to grant and convey unto the Grantees a certain 20' ingress and egress easement from the dedicated right of way to the property of the Grantor, together with a certain 12' asphalt driveway easement across the dedicated right of way, as shown on Exhibit "A" and as hereinafter provided. NOW, THEREFORE, for and in consideration of the premises and the sum of one dollar ($1.00), cash in hand paid, receipt of which is hereby acknowledged, the Grantor does hereby grant and conveyunto the Grantees, their successors and assigns (the "Grantees")the 20' easement ingress and egress easement from the Dedicated Right of Way to the property of the Grantees as shown on said plat, along with the 12' asphalt driveway easement across the Dedicated Right of ARRISON a JOMSTON.PLc way leading to the 20' easement above described, all as shown on the above referenced plat. ATTORNEYS AT uW WINCNESTM VtRGINIA 1 . _ DRAFT Q WITNESS the following signature and seal: p (SEAL) Dennis K. Dertlinger COMMONWEALTH OF VIRGINIA CITY/COUNTY OF , to -wit: The foregoing instrument was acknowledged before me this day of 2005, by Dennis K. Derflinger. My Commission Expires: Notary Public ARRISON A JOHNSTON,aLc ATTORNEYS AT LAW WINCHESTER. VIRGINIA 2 ra 4` r THIS DEED OF EASEMENT AND DEDICATION, made this day of .2005, by and between CHARLES H. HARLESS and NELDAiB, HARLESS, parties of the first part, hereinafter collectively called the Grantor, and COUNTY OF FREDERIM VIRGINIA, party of the second part, hereinafter called the Grantee. WITNESSETH: That for and in consideration of the sum of One Dollar ($1.00), casiLk hand paid and other valuable consideration, receipt whereof is hereby acknowledged, the Grantor does grant and convey, unto the Grantee, with General WarrantyofTitie, the followingeasements: TEMPORARY CONSTRUCTION EASEMENT: Atemporaryconstruction easement on the Southwest portion on the grantor's property as shown on the plat if Jon K. Erickson, dated January 5, 2005, attached hereto as Exhibit A and incorporated herein in full by this reference. The temporary construction easement conveyed above is for the purpose of providing space for curbing construction work in connection with the 100' Full Turn Lane along Route 652 (Apple Valley Road) as shown on said plat and in connection with the 50' right of way from Route 652 (Apple Valley Road) to the col -de -sac as shown on said plat, the said temporary easement to expire upon the first to occur of the completion of construction of the said work or September 30, 2005. DEDICATION OF PERMANENT EASEMENT FOR TURN LANE AND FOR INGRESS AND EGRESS: A permanent right of way for a 100' Full Turn Lane along Route 652 (Apple Valley Road) and a permanent right of way for ingress and egress, together with the right to construct, operate, maintain, repair and replace both of said rights of way, on the Southwest portion of the grantor's property as shown on the above referenced plat, for ingress and egress AMSON aJOHNSTON PLC from Route 652 (Apple Valley Road) to the col -de -sac as shown on said plat; provided, however, ArrOM*-M AT LAW WMCHESfER.M MIA 1 iARRISON+ a JorNSTON,PW ATTORNEYS AT LAW WINCHESTER. VIRGINM DRAFT that the Grantee's existing driveway entrance shall be allowed to remain open. The easements herein conveyed are over and upon a portion of the Grantor's land acquired, by deed, of record in the Office of the Clerk of the Circuit Court of Frederick County, Virginia, in Deed Book 682 at Page 506. TAX MAP NO.63-A-47. O Grantor shall retain the right to use his land which is subject to the easement acquiFa c.n herein in any matter which shall not interfere with the use and enjoyment of said rightsTy Grantee. Grantor shall at all time have the right to cross over and upon the said easement and to use the surface over the said easement in such manner as will neither injure nor interfere with the rights acquired by Grantee herein, except that no building or other structure shall be erected over said easement unless by mutual consent ofthe parties or their successors. Whenever the enjoyment of its rights hereunder requires Grantee to disturb the surface of the ground, it shall be the obligation of the Grantee to restore the same to its condition prior to being so disturbed at Grantee's expense. WITNESS the following signature and seal: (SEAL) CHARLES H. HARLESS (SEAL) NELDA L. HARLESS COMMONWEALTH OF VIRGINIA CITY/COUNTY OF to -wit: The foregoing instrument was acknowledged before me this day of , 2005 by Charles H. Harless. My Commission Expires: 2 Notary Public taRMON 6 JOMSTON.PLc ATTORNM AT LAW W*r'W-STER. VOM" DRAFT ; X— COMMONWEALTH OF VIRGINIA CITY/COUNTY OF , to -wit: The foregoing instrument was acknowledged before me this , 2005 by Nelda L. Harless. My Commission Expires: VIRGINIA. MWERICK COUNTY, SCr. This instrument of writing was produced to me oh n24-9dA 8 -7,04S at : it P.M. and with certificate of Wu-wtedgemcnt thereto annexed WAS tied to record. T imposed by Sec. 58.1-802 of f . and 58.1-801 have been paid, if assessable 4444-1 , Clerk 3 Notary Public day of AGREEMENT THIS AGREEMENT made and entered into this _(U day of January, 2005 between Charles H. Harless and Nelda L. Harless, Husband and Wife (herein referred to as "Owners") and Dennis K. Derflinger (herein referred to as "Developer"). WHEREAS, Owners own a certain parcel of land in Frederick County, Virginia known as TM Parcel 63-A-46A and more fully described in Deed Book 618 at page 425 among the land records of the Circuit Court of Frederick County, Virginia; and WHEREAS, the Developer is the owner of a certain parcel of land containing 4.39 acres, more or less, identified as TM Parcel 63-A-52A, as more fully described in a certain deed of record in the above mentioned Clerk's Office as Instrument #040016423, which property Developer seeks to subdivide under the ordinances and regulations of Frederick County, Virginia and in general conformity with Developer's attached proposed plat of subdivision; and WHEREAS, in connection with the above sub division process through Frederick County, the Developer needs certain Easements from the Owners as hereinafter described, for which the Developer is willing to provide certain services and/or to pay certain compensation. NOW THEREFORE, in consideration of the mutual promises herein contained and for other good and valuable consideration, the parties do hereby mutually agree, as follows: 1. In consideration of the Owners' agreement to execute and deliver to the Developer an Easement in substantial conformity with the proposed attached Easement, a copy of which is incorporated herein, the Developer shall provide the following services and/or payments to the Owners: A. Developer shall cut down and remove 4 trees as designated by Owners on or near the common boundary line between the parties; and B. Developer shall, within 60 days of the completion of the required sewer line for this subdivision, but no later than December 31, 2006, install a sewer line and connection for Owners from Owners' house to the County sewer line as shown on the attached proposed subdivision plat, and Developer shall provide Owners with any easement across his property and approvals required with this connection. The Developer shall complete this connection no later than December 31, 2006, unless the parties mutually agree otherwise. In the event that this ®ECEoWE J A N 14 2005 FREDERICK COUNTY PLANNING & DEVELOPMENT connection is not so timely completed, Owners may cause Developer to specifically perform such installation, or, at Owners' option, Developer shall provide the Owners with all easements and approvals necessary for such installation, and he shall pay the Owners the sum of $10,000.00 as liquidated damages in full satisfaction of this obligation, unless the parties mutually agree otherwise; and C. Developer, prior to the finalization of the subject Deeds of Easement, shall provide the Owners with precise areas by survey that are to be conveyed or dedicated; and D. Developer shall provide Owners with the 20' easement for an alternate driveway as shown on the plat of subdivision, including the 12' asphalt driveway easement also shown on said plat, a sample of which Easement Deed is attached hereto. The three (3) CG9 entrances referenced on the subject plat shall be constructed in accordance with VDOT standards and shall likewise be completed by December 31, 2006. The 12' asphalt driveway must be at least "PE 1" standard, meaning approximately 6 inches of aggregate/stone base and at least 2 inches of asphalt, said driveway to be completed by December 31, 2006. In the event the entrance ways or the driveway referenced herein is not completed by December 31, 2006, and, if there is no written and signed mutual agreement otherwise, Developer shall pay the Owners the sum of $1,000.00 for each such entrance not timely completed and the sum of $1,500.00 for the driveway not timely completed, which payments shall represent liquidated damages in full satisfaction of each such obligation. 2. This Agreement shall be recorded at the expense of the Developer and the terms hereof shall run with the respective title of each party's property, and this agreement shall be binding on the successors and assigns of each party. 3. This Agreement is contingent on the approval by Frederick County of Developer's proposed subdivision, and, if said subdivision is not approved by December 31, 2005, this Agreement shall be without effect and shall be null and void, unless the parties otherwise mutually agree in writing signed by both. 4. Time is of the essence with respect to this Agreement. This Agreement contains the entire understanding between the parties and shall not be modified except in writing signed by both. This Agreement shall be construed under the laws of the Commonwealth of Virginia and the exclusive jurisdiction for any legal proceedings incident hereto shall be in a court of competent jurisdiction in Frederick County, Virginia. Should either party breach its obligations under this Agreement, the non -breaching party shall be entitled to recover reasonable attorneys fees and costs from the other. ®ECE wE JAN 1 4 ?005 FREDERICK COUNTY t PLANNING & DEVELOPMENT L 111'"M � W - i 7AMWA COMMONWEALTH OF VIRGINIA CITY/eeuNw OF (j ; j ck ;- -.� %2.r , to -wit: The foregoing instrument was acknowledged before me this day of n1 w AAL � 2005 by 1 , �// " -Pill . G J My Commission expires: J t , 3-t) aoo ZC•� 1I-anlm COMMONWEALTH OF VIRGINIA CITYXZWi;lfY OF ( A) Vk CAftk,,k-__ , to wit: foregoing instrument was acknowledged before me this day of uAr.Y , ,_ , 2005 by My Commission expires: 110 114 Notary Public COMMONWEALTH OF VIRGINIA CITY/C bNII-OF W 2,(.)•1LC6� , to wit: ing instrument was acknowledged before me this day of L ►04— . n , , , 2005 by My Commission expires: OAAAiZ 14, 00-7 UQ 0,U C--j SL�,7 otary Public s p E c E o w E AN 1 4 91005 FREDERICK COUNTY PLANNING & DEVELOPMENT ('ROPOSED TRAILFj LiGN�N PRESS CN PRIES . PG R�ESS f 6 — 265 ERR �•$ 5�` ZONE-G�• )I 61$ pG R ° ' U RE p A, r I SGAL I USE'. R t 40 0 jN,GIE ( ,ENGRESS. IN _BEET) _ 40 E fc. w f; AS`EMENI TEMP ORARY C E OILS U C TI O ESMT AREA= . , 1 � 'h48. SQ. F ASPHALT�..� ° �,OI Yd DRIVEWAY 15 TE R RCONSTCN40 , R.O.W. TO BE EASEMENT RADIUS 0 DEDICATED = • R. .1/ � AREA215.4 G-9. .... .- F ' LAN 100 FUL , , CG—..� 14.9' 26 8 ...... 2 � 8' .._._ __. r UTILITY«.POLE .---EDGE OF "" PAVEMENT BE-1— ENTRANCE RELOCATED.�.� _�..-.... _� . ��� EXHIBIT SHOWING U TfLr � POLE TO-, BEREL C--------HILDA MAYS MEADOWS: _.�.._ HARLESS PROPERTY X SCALE: 1" = 40' JANUARY 5, 2005 Bowman Consulting Group, Ltd. Winchester Office 124 East Cork Street Winchester, Virginia 22601 Phone: (540) 722-2343 Fax: (540) 722-5080 � � L T � N G www.bowmanconsulting.com C N 0 Bowman Consuidng Group, Ltd. BY: JBF I CHK: BCG PROJECT NO: 2764-01-001 —001\Engineering\Exhibits\2764—EasementExhibits\2764—Harlessproperty 01-05-05.dwg SHEET 1 OF 1 DWG: Ps\2764 — NEFF\2764-01 t J A N 14 2005 FREDERICK COUNTY PLANNING & DEVELOPMENT THIS DEED OF EASEMENT is made this Y 41 3^� p(= w�MiriiY.:. day of , 2005, by and between DENNIS K. DERFLINGER, party of the first part, hereinafter called the Grantor, and CHARLES H. HARLESS and NELDA L. HARLESS, Husband and Wife, parties of the second part, hereinafter called the Grantees. WITNESSETH: WHEREAS, the Grantor is the sole owner of the property described as Tax Map Parcel 63-A-52A containing 4.39 acres as shown in a certain deed dated August 17, 2004 from Judy Michael Neff and recorded as Instrument #040016423 in the Clerks Office of the Circuit Court of Frederick County, Virginia; and WHEREAS, the Grantor has subdivided said property as shown on a certain plat of survey dated January 5, 2005 by Jon K. Erickson, Professional Engineer, attached hereto as Exhibit "A" and incorporated herein by reference; and WHEREAS, it is the desire and intent of the Grantor to grant and convey unto the Grantees a certain 20' ingress and egress easement from the dedicated right of way to the property of the Grantor, together with a certain 12' asphalt driveway easement across the dedicated right of way, as shown on Exhibit "A' and as hereinafter provided. NOW, THEREFORE, for and in consideration of the premises and the sum of one dollar ($1.00), cash in hand paid, receipt of which is hereby acknowledged, the Grantor does hereby grant and convey unto the Grantees, their successors and assigns (the "Grantees')the 20' easement ingress and egress easement from the Dedicated Right of Way to the property of the Grantees as shown on said plat, along with the 12' asphalt driveway easement across the Dedicated Right of 4A ISON $ JOHNSTON,PLC I I way leading to the 20' easement above described, all as shown on the above referenced plat. ATTORNEYS AT LAW WINCHESTER, VIRGINIA t p E C E o W E JAN 14 2005 FREDERICK COUNTY PLANNING & DEVELOPMENT WITNESS the following signature and seal: DRAFT ►=,y: (SEAL) Dennis K. Derflinger COMMONWEALTH OF VIRGINIA CITY/COUNTY OF , to -wit: The foregoing instrument was acknowledged before me this day of 2005, by Dennis K. Derflinger. My Commission Expires: WMSON & JOHNSTON,PLC ATTORNEYS AT LAW WINCHESTER, VIRGINIA FA Notary Public pECEoWE J A N 14 2005 FREDERICK COUNTY PLANNING & DEVELOPMENT HARRMON & JOHNSTON,PLI ATTORNEYS AT LAW WINCHESTER, VIRGINIA THIS DEED OF EASEMENT AND DEDICATION, made this day of ,2005, by and between CHARLES H. HARLESS and NELDA L. HARLESS, parties of the first part, hereinafter collectively called the Grantor, and COUNTY OF FREDERICK, VIRGINIA, party of the second part, hereinafter called the Grantee. WITNESSETH: That for and in consideration of the sum of One Dollar ($1.00), cash in hand paid and other valuable consideration, receipt whereof is hereby acknowledged, the Grantor does grant and convey, unto the Grantee, with General Warranty ofTitle, the following easements: TEMPORARY CONSTRUCTION EASEMENT: A temporary construction easement on the Southwest portion on the grantor's property as shown on the plat if Jon K. Erickson, dated January 5, 2005, attached hereto as Exhibit A and incorporated herein in full by this reference. The temporary construction easement conveyed above is for the purpose of providing space for curbing construction work in connection with the 100' Full Turn Lane along Route 652 (Apple Valley Road) as shown on said plat and in connection with the 50' right of way from Route 652 (Apple Valley Road) to the col -de -sac as shown on said plat, the said temporary easement to expire upon the first to occur of the completion of construction of the said work or September 30, 2005. DEDICATION OF PERMANENT EASEMENT FOR TURN LANE AND FOR INGRESS AND EGRESS: A permanent right of way for a 100' Full Turn Lane along Route 652 (Apple Valley Road) and a permanent right of way for ingress and egress, together with the right to construct, operate, maintain, repair and replace both of said rights of way, on the Southwest portion of the grantor's property as shown on the above referenced plat, for ingress and egress from Route 652 (Apple Valley Road) to the col -de -sac as shown on said plat; provided, however, 1 ®�CEE WE J A N 14 2005 FREDERICK COUNTY PLANNING & DEVELOPMENT KAPASoN & JWNSTON,I c ATTORNEYS AT LAW WINCHESTER, VIRGINIA DRAFT that the Grantee's existing driveway entrance shall be allowed to remain open. The easements herein conveyed are over and upon a portion of the Grantor's land acquired by deed, of record in the Office of the Clerk of the Circuit Court of Frederick County, Virginia, in Deed Book 682 at Page 506. TAX MAP NO.63-A-47. Grantor shall retain the right to use his land which is subject to the easement acquired herein in any matter which shall not interfere with the use and enjoyment of said rights by Grantee. Grantor shall at all time have the right to cross over and upon the said easement and to use the surface over the said easement in such manner as will neither injure nor interfere with the rights acquired by Grantee herein, except that no building or other structure shall be erected over said easement unless bymutual consent ofthe parties or their successors. Whenever the enjoyment of its rights hereunder requires Grantee to disturb the surface of the ground, it shall be the obligation of the Grantee to restore the same to its condition prior to being so disturbed at Grantee's expense. WITNESS the following signature and seal: (SEAL) CHARLES H. HARLESS (SEAL) NELDA L. HARLESS COMMONWEALTH OF VIRGINIA CITY/COUNTY OF , to -wit: The foregoing instrument was acknowledged before me this day of , 2005 by Charles H. Harless. My Commission Expires: Notary Public 2 pEcEE wE JAN 14 2005 FREDERICK COUNTY PLANNING & DEVELOPMENT DRAFT COMMONWEALTH OF VIRGINIA CITY/COUNTY OF . to -wit: The foregoing instrument was acknowledged before me this day of . 2005 by Nelda L. Harless. My Commission Expires: WMUSON & JOHNSTON,PLC' ATTORNEYS AT LAW WINCHESTER. VIRGINIA Notary Public 3 J A N 1 4 2005 FREDERICK COUNTY PLANNING & DEVELOPMENT AGREEMENT THIS AGREEMENT made and entered into this _day of January, 2005 between Charles H. Harless and Nelda L. Harless, Husband and Wife (herein referred to as "Owners") and Dennis K. Derflinger (herein referred to as "Developer"). WHEREAS, Owners own a certain parcel of land in Frederick County, Virginia known as TM Parcel 63-A-46A and more fully described in Deed Book 618 at page 425 among the land records of the Circuit Court of Frederick County, Virginia; and WHEREAS, the Developer is the owner of a certain parcel of land containing 4.39 acres, more or less, identified as TM Parcel 63-A-52A, as more fully described in a certain deed of. record in the above mentioned Clerk's Office as Instrument #040016423, which property Developer seeks to subdivide under the ordinances and regulations of Frederick County, Virginia and in general conformity with Developer's attached proposed plat of subdivision; and WHEREAS, in connection with the above sub division process through Frederick County, the Developer needs certain Easements from the Owners as hereinafter described, for which the Developer is willing to provide certain services and/or to pay certain compensation. NOW THEREFORE, in consideration of the mutual promises herein contained and for other good and valuable consideration, the parties do hereby mutually agree, as follows: 1. In consideration of the Owners' agreement to execute and deliver to the Developer an Easement in substantial conformity with the proposed attached Easement, a copy of which is incorporated herein, the Developer shall provide the following services and/or payments to the Owners: A. Developer shall cut down and remove 4 trees as designated by Owners on or near the common boundary line between the parties; and B. Developer shall, within 60 days of the completion of the required sewer line for this subdivision, but no later than December 31, 2006, install a sewer line and connection for Owners from Owners' house to the County sewer line as shown on the attached proposed subdivision plat, and Developer shall provide Owners with any easement across his property and approvals required with this connection. The Developer shall complete this connection no later than December 31, 2006, unless the parties mutually agree otherwise. In the event that this ®�c EC wE JA N 1 4 '2005 FREDERICK COUNTY PLANNING & DEVELOPMENT connection is not so timely completed, Owners may cause Developer to specifically perform such installation, or, at Owners' option, Developer shall provide the Owners with all easements and approvals necessary for such installation, and he shall pay the Owners the sum of $10,000.00 as liquidated damages in full satisfaction of this obligation, unless the parties mutually agree otherwise; and C. Developer, prior to the finalization of the subject Deeds of Easement, shall provide the Owners with precise areas by survey that are to be conveyed or dedicated; and D. Developer shall provide Owners with the 20' easement for an alternate driveway as shown on the plat of subdivision, including the 12' asphalt driveway easement also shown on said plat, a sample of which Easement Deed is attached hereto. The three (3) CG9 entrances referenced on the subject plat shall be constructed in accordance with VDOT standards and shall likewise be completed by December 31, 2006. The 12' asphalt driveway must be at least "PE 1" standard, meaning approximately 6 inches of aaareuate/stone base and at least 2 inches of asphalt, said driveway to be completed by December 31, 2006. In the event the entrance ways or the driveway referenced herein is not completed by December 31, 2006, and, if there is no written and signed mutual agreement otherwise, Developer shall pay the Owners the sum of $1,000.00 for each such entrance not timely completed and the sum of $1,500.00 for the driveway not timely completed, which payments shall represent liquidated damages in full satisfaction of each such obligation. 2. This Agreement shall be recorded at the expense of the Developer and the terms hereof shall run with the respective title of each party's property, and this agreement shall be binding on the successors and assigns of each party. 3. This Agreement is contingent on the approval by Frederick County of Developer's proposed subdivision, and, if said subdivision is not approved by December 31, 2005, this Agreement shall be without effect and shall be null and void, unless the parties otherwise mutually agree in writing signed by both. 4. Time is of the essence with respect to this Agreement. This Agreement contains the entire understanding between the parties and shall not be modified except in writing signed by both. This Agreement shall be construed under the laws of the Commonwealth of Virginia and the exclusive jurisdiction for any legal proceedings incident hereto shall be in a court of competent jurisdiction in Frederick County, Virginia. Should either party breach its obligations under this Agreement, the non -breaching party shall be entitled to recover reasonable attorneys fees and costs from the other. ®ECE WE JAN 1G FREDERICK COUNTY PLANNING & OEVELOPIAENT L� @velo .zo , /.-, Owner Ow er COMMONWEALTH OF VIRGINIA CITYIe9tiN OF U ,, Lk f %4 LrL- , to wit: The foregoing instrument was acknowledged before me this U day of Ll " WA, r.2005 by My Commission expires: COMMONWEALTH OF VIRGINIA CITYMOUKrY OF f ;U VW ChLg A_ , to -wit: e foregoing instrument was acknowledged before me this =.q day of AAkQr�c , ,_ , 2005 by My Commission expires:OIAOIIS�) , a Notary Public COMMONWEALTH OF VIRGINIA CITY/Ce OF fit-) YYI,C.iu6s� to -wit: regoing instrument was admowledged before me this day of add N— - 01 , , 2005 by My Commission expires: otary Public J A N 14 2C?1 FREDERICK COUNTY PLANNING & DEVELOPMENT Bowman Consulting Group, Ltd. Winchester Office 124 East Cork Street Winchester, Virginia 22601 Bovvnian Phone: (540) 722-2343 Fax: (540) 722-5080 S U L T ' N www.bowmanconsulting.com C O N G. © Bowman Consulting Group, Ltd. BCG PROJECT NO: 2764-01-001 DWG: P:\2764 — NEFF\2764-01-001 BY: JB�FH s-05.d ®EcE�wE JAN 14 2005 FREDERICK COUNTY PLANNING & DEVELOPMENT THIS DEED OF EASEMENT is made this 17 .. day of , 2005, by and between DENNIS K. DERFLINGER, party of the first part, hereinafter called the Grantor, and CHARLES H. HARLESS and NELDA L. HARLESS, Husband and Wife, parties of the second part, hereinafter called the Grantees. WITNESSETH: WHEREAS, the Grantor is the sole owner of the property described as Tax Map Parcel 63-A-52A containing 4.39 acres as shown in a certain deed dated August 17, 2004 from Judy Michael Neff and recorded as Instrument #040016423 in the Clerks Office of the Circuit Court of Frederick Countv, Virginia, and WHEREAS, the Grantor has subdivided said property as shown on a certain plat of survey dated January 5, 2005 by Jon K. Erickson, Professional Engineer, attached hereto as Exhibit "A" and incorporated herein by reference; and WHEREAS, it is the desire and intent of the Grantor to grant and convey unto the Grantees a certain 20' ingress and egress easement from the dedicated right of way to the property of the Grantor, together with a certain 12' asphalt driveway easement across the dedicated right of way, as shown on Exhibit "A" and as hereinafter provided. NOW, THEREFORE, for and in consideration of the premises and the sum of one dollar ($1.00), cash in hand paid, receipt of which is hereby acknowledged, the Grantor does hereby grant and convey unto the Grantees, their successors and assigns (the "Grantees')the 20' easement ingress and egress easement from the Dedicated Right of Way to the property of the Grantees as shown on said plat, along with the 12' asphalt driveway easement across the Dedicated Right of � ���os A SLT0 ,PLC I ( way leading to the 20' easement above described, all as shown on the above referenced plat. VNNCHESTER, VIRGINIA r�ECE�WE JAN 1 4 2009 FREDERICK COUNTY PLANNING & DEVELOPMENT WITNESS the following signature and seal: 4 DRAFT �' i^a- i:�i-+vL.i:r.$i1+:°a,.i.�1 �wiY...ui •'*�(• 4•...'inrarw`.; r:,.: ."« yu':a •...__.3'aa s.:.ra=�vn:isrd�:' (SEAL) Dennis K. Derflinger COMMONWEALTH OF VIRGINIA CITY/COUNTY OF , to -wit: The foregoing instrument was acknowledged before me this day of . 2005, by Demos K. Dertlinger. My Commission Expires: HARRISON & JOHNSTONRLC ATTORNEYS AT LAW WINCHESTER, VIRGINIA N Notary Public U C E� U E J A N 14 2005 FREDERICK COUNTY PLANNING & DEVELOPMENT HARRISON & JOHNSTON,PLC ATTORNEYS AT LAW WINCHESTER, VIRGINIA r--T cs........_. __ ..._ _. jrt THIS DEED OF EASEMENT AND DEDICATION, made this day of ,2005, by and between CHARLES H. HARLESS and NELDA L. HARLESS, parties ofthe first part, hereinafter collectively called the Grantor, and COUNTY OF FREDERICK, VIRGINIA, party of the second part, hereinafter called the Grantee. WITNESSETH: That for and in consideration of the sum of One Dollar ($1.00), cash in hand paid and other valuable consideration, receipt whereof is hereby acknowledged, the Grantor does grant and convey, unto the Grantee, with General Warranty of Title, the following easements: TEMPORARY CONSTRUCTION EASEMENT: A temporary construction easement on the Southwest vortion on the grantor's property as shown on the plat if Jon K. Erickson,_ dated January 5, 2005, attached hereto as Exhibit A and incorporated herein in full by this reference. The temporary construction easement conveyed above is for the purpose of providing space for curbing construction work in connection with the 100' Full Turn Lane along Route 652 (Apple Valley Road) as shown on said plat and in connection with the 50' right of way from Route 652 (Apple Valley Road) to the col -de -sac as shown on said plat, the said temporary easement to expire upon the first to occur of the completion of construction of the said work or September 30, 2005. DEDICATION OF PERMANENT EASEMENT FOR TURN LANE AND FOR INGRESS AND EGRESS: A permanent right of way for a 100' Full Turn Lane along Route 652 (Apple Valley Road) and a permanent right of way for ingress and egress, together with the right to construct, operate, maintain, repair and replace both of said rights of way, on the Southwest portion of the grantor's property as shown on the above referenced plat, for ingress and egress from Route 652 (Apple Valley Road) to the col -de -sac as shown on said plat; provided, however, 1 pEcE wE JAN 14 2005 FREDERICK COUNTY PLANNING & DEVELOPMENT HAPMON & JOHNSTON,PLC ATTORNEYS AT LAW WNCHESTER VIRGINIA DRAFT ')J.ilY.'<f4ilrilV.'•.,...... ....... .. .i'w. .v:x .:iM' that the Grantee's existing driveway entrance shall be allowed to remain open. The easements herein conveyed are over and upon a portion of the Grantor's land acquired by deed, of record in the Office of the Clerk of the Circuit Court of Frederick County, Virginia, in Deed Book 682 at Page 506. TAX MAP NO.63-A-47. Grantor shall retain the right to use his land which is subject to the easement acquired herein m any matter which shall not interfere with the use and enjoyment of said rights by Grantee. Grantor shall at all time have the right to cross over and upon the said easement and to use the surface over the said easement in such manner as will neither injure nor interfere with the rights acquired by Grantee herein, except that no building or other structure shall be erected over said easement unless by mutual consent ofthe parties ortheir successors. Whenever the enjoyment of its rights hereunder requires Grantee to disturb the surface of the ground, it shall be the obligation of the Grantee to restore the same to its condition prior to being so disturbed at Grantee's expense. WITNESS the following signature and seal: (SEAL) CHARLES H. HARLESS (SEAL) NELDA L. HARLESS COMMONWEALTH OF VIRGINIA CITY/COUNTY OF , to -wit: The foregoing instrument was acknowledged before me this day of . 2005 by Charles H. Harless. My Commission Expires: Notary Public E c E 0 U E JAN 14 2007 FREDERICK COUNTY PLANNING & DEVELOPMENT DRAFT ' COMMONWEALTH OF VIRGINIA CITY/COUNTY OF , to -wit: The foregoing instrument was acknowledged before me this day of , 2005 by Nelda L. Harless. My Commission Expires: HAMISON & JOHNSTON,PLC ATTORNEYS AT LAW WINCHESTEK VIRGINIA Notary Public 3 JAN 14 2005 FREDERICK COUNTY PLANNING & DEVELOPMENT � � 6,t,� �� 5 O N ATTORNEYS AT LAW MM:HMER, VVtWlM 050020939 THIS DEED OF EASEMENT AND DEDICATION, is made this day of September, 2005, by and between KAREN A. RAWLS, party of the first part, hereinafter called the Grantor, and COUNTY OF FREDERICK, VIRGINIA, party of the second part, hereinafter called the Grantee. VAV""L - kiL _%. WHEREAS, the Grantor is the sole owner of the property described as Tax Map Parcel 63-A-52 as shown on the plat of Franklin E. Jenkins, Land Surveyor, dated August 17, 2005, attached hereto as Exhibit "A' and incorporated herein by reference, having acquired said property by deed recorded in Deed Book 804 at Page 1033 among the land records of the County of Frederick, Virginia; and WHEREAS, it is the desire and intent of the Grantor to grant and conveyunto the Grantee an easement as shown on Exhibit "A" and as hereinafter provided. NOW, THEREFORE, for and in consideration ofthe premises and the sum of one dollar ($1.00), cash in hand paid, receipt of which is hereby acknowledged, the Grantor does hereby grant and convey unto the Grantee, its successors and assigns (the "Grantee") the 15-foot storm drainage easement as shown on the above -referenced plat which plat is attached hereto and incorporated herein as said Exhibit "A." Said easement shall be for the purpose of constructing, operating, maintaining, adding to, or replacing present or future storm drainage pipes, necessary structures below grade, and appurtenances reasonably necessary for the collection of stormwater and for its transmission through and across the property of the Grantor. ROM&JOH SM PLc ATTORNEYS AT LAW "40HESTWYMANA 0 Said easements are subject to the following conditions: All pipes, manholes, inlet structures, and appurtenant facilities which are installed m the easements shall be and remain the property of the Grantee, its successors, and assigns. 2. The Grantee and its agents shall have full and free use of the said easements for the purposes named, and shall have all rights and privileges reasonably necessary to the utilization of the easements and the right to reasonably use adjoining land of the Grantor where necessary; provided, however, that its right to use adjoining land shall be exercised only during periods of actual construction, repairs or maintenance, and further, this right shall not be construed to allow the Grantee to erect any building or structure of a permanent nature on such adjoining land. 3. The Grantee shall have the right to trim, cut, and remove trees, except maple trees, shrubbery, fences, structures, or other obstructions or facilities in the easements being conveyed, deemed by it to interfere with the proper and efficient construction, operation, repairs, and maintenance of said easements; provided, however, that the Grantee shall at its own expense, within 60 days from the date of such work, restore, as nearly as possible, the premises, including the driveway, to their condition as the property was immediately prior to any improvements, repairs and/or alterations made by the Grantee, its successors, assigns or agents of any nature whatsoever to include, but not be limited the backfilling of trenches, the replacement of fences, and the reseeding or resedding of lawns or pasture areas, except for the trees, other than maple trees. _2- N O 4. The Grantor reserves the right 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 Grantee for the purposes named. WITNESS the following signature and seal: ,�t- - Misa A Rawls COMMONWEALTH OF VIRGINIA CITY/COUNTY OFto-wit: The foregoing instrument was acknowledged before me this -S day of 5 , 2005, by Karen A. Rawls. My Commission Expires: 8 - 3 ► - 1z> a is `f • {t _ z Notary WINCHESTER, VIRGWIA 11 -3- VICINITY MAP a ' t SCALE : 1"=2000' E s r" NOTES 1. THE PROPERTY SHOWN HEREON IS NOW IN THE NAME OF KAREN A. RAWLS AS M.CORDED IN DEED BOOK 804, AT PAGE 1033 AMONG THE LAND RECORDS OF FREDERICK COUNTY, VIRGINIA AND DEUNEATED AS TAX MAP 63-A-52. 2. THE BASIS OF MERIDIAN AND BOUNDARY INFORMATION SHOWN HEREON IS BASED JPON EXISITNG LAND RECORDS OF FREDERICK COUNTY VIRGINIA AND DOES NOT CONSTITUTE A BOUNDARY BY THIS FIRM. 3. THE PROPERTIES SHOWN HEREON ARE SUBJECT TO ALL COVENANTS AND RESTWIONS OF RECORD AND THOSE RECORDED HEREWITH. THE SURVEYOR HAS NOT BEEN PROVIDED A CURRENT TnIE REPORT AND THUS CANNOT CANNOT STATE AS TO THE EXISTENCE OF ANY COVENANTS AND RESTRICTIONS. Qmg's CoxsENT THE ABOVE AND FOREGOING "STORM DRAINAGE EASEMENT" OF THE LAND OF KAREN A. RAWLS AS APPEARS IN THE ACCOMPANYING PLAT, IS WITH THE FREE CONSENT AND IN ACCORDANCE WIT11 THE DESIRES OF THE UNDERSIGNED OWNER(S), PROPRIETOR(S), AND/OR TRUSTEE(S), IF ANY. fAt. (� staf i s— N A DATE NOTARY PUBLIC STATE OF v%Riiwoa CITY/COUNTY OF '6��a�sa.�vE. ,• •• • •,,,,. THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE. ME ON THIS DAY IOF ••.,, BY : �$� :� s • MY COMMISSION EXPIRES 6-7.l- 7=inlb r = ` APP OV '' •s�:� A' SURVEYOR'S CERTIFICATE I, FRANKLN E. JENKINS, A DULY LICENSED LAND SURVEYOR IN THE COMMONWEALTH OF VIRGINIA, DO HEREBY CERTIFY THAT THE LAND SHOWN HEREON IS NOW STANDING IN THE NAME OF KAREN A. RAWLS AS RECORDED IN DEED BOOK 804, AT PAGE 1033 AMONG THE LAND RECORDS OF FREDERICK COUNTY, VIRGINIA. SAID DEED BEING THE LAST INSTRUMENT IN PLAT SF OWING THE CHAIN OF TITLE. 15' STORM DRAINAGE EASEMENT I FURTHER CERTIFY THAT THIS PLAT IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE ON THE PROPERTY OF AND EF. KAREN A. RAWLS 4j .� SHAWNEE MAGISTERIAL 66 FREDERICK COUNTY, DISTRICT VIRGINIA KUN E. JENK pA SCALE : 1"=50' AUGUST 17, 2005 DWG: P. T 816E-HARIfSS PROPERTY 7-27-&M SHEET 1 OF 2 OF ii REVISION r,� wFWIMI CON U L T I N 4 —Bo E JENKINS . 2 '�`veytna Fee 1310) aan o &mnm camwfiv &;w Lid. i T.M. 63—A-52A -J / LOT 12 DENNIS K. DERFLIN ER INSTR. )04001642cm OPEN SPACE I N 7.62 (TIE) 8 — — 5 p1py T104.12 � . 30' SANITARY SEWER / 7.5' A 4D WATERLINE EASEMENT T.M. 63-A-52 � I (D.B. 911, K. 498) T.M. 63—A—Sl ire I BEN A RAWLS i �Q GEORC/A MAE RUSSELL V"??I D.B. 804, PG. 1033 D.B. 61. PG. 640 N l N I N a4' T.M. 63—A-53 RAY ROBINSON N / D.B. 948, PG 1132 N� 15' STORM / f 2' DRAIN EASEMENT N HEREBY GRANTED 7.62' (TIE) / 100.45' 1 rnvo Qu I U W CAL APPLE VALLEY ROAD - IM. 652 25.6' 0 50 100 SCALE IN FEET �„ yr p 4 rA r�. N E. JENIGN: PLATS OWING 15' STORM DRAMAGE EASEMENT ON THE PRO ERTY OF KAM A. RA11LS DEED BOOK 804 PAGE 1033 SHAWNEE MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA SCALE : 1 "=50' AUGUST 17, 2005 C 0 N S U L T I N 6 Be4 CaMiM" Q�a U& p1m { TtZ-2313 1�Em� VhwdMt i0C ( 7TZ-OGID VIRulNIA: FREDERICK COUNTY, SCT. This instrument of writi was / produced to me an ALL -at ...! O: 38_ -::d v.ith cc. tificate of admowledltement thereto annexed was ad ' ted to reix3rd. T imposed by Sec. 59.1-802 of and 58.1.801 have been paid, if assessable 4 o , Clerk OWNER: Karen A. Rawls DEVELOPER: Denny Derflinger PARCEL: 63-A-52 DB 804 PG 1033 DATE: January 5, 2005 In consideration of the Owner's agreement to execute and deliver to the Developer an Easr.went in substantial conformity with the proposed Easement hereto attached, which is incorporated herein, the Developer shall provide the following service and/or payment to the Owner: 1. Developer shall provide Owner with an asphalt driveway over the existing driveway. The driveway shall be at least "PE 1" standard, meaning approximately 6 inches of aggregate/stone base and at least 2 inches of asphalt, said driveway to be completed by December 31, 2006. .�.. Developer shall provide Owner with any easement or approval required across his property for Owner to make her water line or sewer line connection to the existing water or the proposed sewer system. J. Developer shall and Developer will pay Owner the sum of $25,000.00 on the first to occur of (1) 6 months after fmal subdivision plat approval by Frederick County; or (2) July 1, 2005; provided however, that Developer may have a one-time extension up to 3 months thereafter and he shall also be discharged from his obligation if he has not obtained engineering approval for sale of his proposed lots within this period. 4. Developer shall reasonably accommodate Owner's concerns about the location of the proposed meeting house on the subject plat so as not to interfere with Owner's view and or other enjoyment of her property. If required, the Developer will obtain the signature of Frederick County on the Deed of Easement and Dedication. The Developer will also preserve the maple tree designated by Owner. ! . This Agreement contains the entire underst�ndiug between the parties and shall not be modified except in writing signed by both. This Agreement shall be construed under 1 he laws of the Commonwealth of Virginia and the exclusive jurisdiction for any w L pf? ii A N 1 4 2001 FREDERICK COUNTY PLANNING & DEVELOPMENT legal proceedings incident hereto shall be in a court of competent jurisdiction in Frederick County, Virginia. A faxed copy of this memorandum of agreement bearing both signatures shall be as binding as the original. r , If Develo er COMMONWEALTH O VIRGINIA CITYX'OUNTY OF to -wit: — The foregoing instrument was afkaowledged fo me this P&L day of 2005 by My Commission expires: COMMONWEALTH OF IRGMU CITY/(:OUNTY OF to -wit: foregoing imstrument was 2005 by G Y M Commis on expires: this I' " t day of Fl EcEowE A N 1 4 2005 FREDERICK COUNTY PLANNING & DEVELOPMENT THIS DEED OF EASEMENT AND DEDICATION, i s m ade this day of 2005, by and between KAREN A. RAWLS, party of the first part, hereinafter called the Grantor, and COUNTY OF FREDERICK, VIRGINIA, party of the second part, hereinafter called the Grantee. WITNESSETH: WHEREAS, the Grantor is the sole owner of the property described as Tax Map Parcel 63-A-52 as shown on the plat attached hereto as Exhibit "A" and incorporated herein by reference, having acquired said property by deed recorded in Deed Book 804 at Page 1033 among the land records of the County of Frederick, Virginia; and WHEREAS, it is the desire and intent of the Grantor to grant and convey unto the Grantee an easement as shown on Exhibit "A" and as hereinafter provided. NOW, THEREFORE, for and in consideration of the premises and the sum of one dollar ($1.00), cash in hand paid, receipt of which is hereby acknowledged, the Grantor does hereby grant and convey unto the Grantee, its successors and assigns (the "Grantee") the 15 foot storm drainage easement as shown on the above referenced plat which plat is attached hereto and incorporated herein as said Exhibit "A." Said easement shall be for the purpose of constructing, operating, maintaining, adding to, or replacing present or future storm drainage pipes, necessary structures, and appurtenances necessary for the collection of storm water and for its transmission through and across the property of the Grantor. Said easements are subject to the following conditions: 1. All pipes, manholes, inlet structures, and appurtenant facilities which are installed in the easements shall be and remain the property of the Grantee, its successors E c E � w E J A N 1 4 2005 FREDERICK COUNTY PLANNING & DEVELOPMENT and assigns. 2. The Grantee and its agents shall have full and free use of the said easements for the purposes named, and shall have all rights and privileges reasonably necessary to the utilization of the easements and the right to use adjoining land of the Grantor where necessary; provided, however, that its right to use adjoining land shall be exercised only during periods of actual construction, repairs or maintenance, and further, this right shall not be construed to allow the Grantee to erect any building or structure of a permanent nature on such adjoining land. 3. The Grantee shall have the right to trim, cut, and remove trees, except maple trees, shrubbery, fences, structures, or other obstructions or facilities in the easements being conveyed, deemed by it to interfere with the proper and efficient construction, operation, repairs and maintenance of said easements; provided, however, that the Grantee shall at its own expense, within 60 days from the date of such work, restore, as nearly as possible, the premises, including the driveway, to their condition as the property was immediately prior to any improvements, repairs and/or alterations made by the Grantee, its successors, assigns or agents of any nature whatsoever to include, but not be limited the backfilling of trenches, the replacement of fences, and the reseeding or resodding of lawns or pasture areas, except for the trees. 4. The Grantor reserves the right 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 Grantee for the purposes named. 2 E c E � V E J A N 1 4 2009 FREDERICK COUNTY PLANNING & DEVELOPMENT WITNESS the following signature and seal: (SEAL) Karen A. Rawls COMMONWEALTH OF VIRGINIA CITY/COUNTY OF , to -wit: The foregoing instrument was acknowledged before me this day of , 2005, by Karen A. Rawls. My Commission Expires: 3 Notary Public U J A N 14 2005 FREDERICK COUNTY PLANNING & DEVELOPMENT f RAwLS AY ROgINSON 114 • KAREN A'-52 ,'SIP R 6 Aa53 f 4 PG 1 MAC . • ��. i .. _.....-__ �g,�'0...... . ' 94B GE 63 J � ':... E RESiDEN x ,I USE RESIDE G 140 66 � DF3 63� P y. .. - ED: F'P 1 e: ZQN �tA� ............. _ uS RF}SIDE N 2 iM j Go M„_A EWER ..� •< _.l_. _..._a......__._.. _._.-.. r._3..�3.23 RED i- .. SQ. Fr`' �. 5 STORM SEW R r. EASEME,NT° i GRSGAL 40 p 20 40 i -3KOW NG" __._.._. yR - ( IN FEET 1 i c = 40 ft. SCALE: 1" = 40' JANUARY 5, 2005 Bowman Consulting Group, Ltd. Winchester Office 124 East Cork Street Winchester, Virginia 22601 Phone: (540) 722-2343 Fax: (540) 722-5080 Bovvnian www.bowmanconsulting.com � O N S U L T ' IV G 0 Bowman Consulting Group. Ltd. BCG PROJECT NO: 2764-01-001 BY: JBF CHK: DWG: P:\2764 — NEFF\2784-01-001\Englneering\Exhibiti\2764—EoaementExhibits\2764—RowIsProperty_01-05-0&dwg I SHEET 1 OF 1 ®ECEoWE J A N 14 2005 FREDERICK COUNTY PLANNING & DEVELOPMENT OWNER: Karen A. Rawls DEVELOPER: Denny Derflinger PARCEL: 63-A-52 DB 804 PG 1033 DATE: January 5, 2005 r_ •a.._.�ti..... -f fl.n A.v"o�.ae o..rnmm�nt to avm-ntp and f ollivpr to the DeveloDer 111 bVLD�M�.iNYva. ►r.v v ..� �� an Easement in substantial conformity with the proposed Easement hereto attached, which is incorporated herein, the Developer shall provide the following service and/or payment to the Owner: i. Developer shall provide Owner with an asphalt driveway over the existing driveway. The driveway shall be at least "PE 1" standard, meaning approximately 6 inches of aggregatelstone base and at least 2 inches of asphalt, said driveway to be completed by December 31, 2006. 2. Developer shall provide Owner with any easement or approval required across his property for Owner to make her water line or sewer line connection to the existing water or the proposed sewer system J. DeveIoper shall and Developer will pay Owner the sum of $25,000.00 on the first to occur of (1) 6 months after final subdivision plat approval by Frederick County; or (2) July 1, 2005; provided however, that Developer may have a one-time extension up to 3 months thereafter and he shall also be discharged from his obligation if he has not obtained engineering approval for sale of his proposed lots within this period. 4. Developer shall reasonably accommodate Owner's concerns about the location of the proposed meeting house on the sabject plat so as not to interfere with Owner's view and or other enjoyment of her property. If required, the Developer will obtain the signature of Frederick County on the Deed of Easement and Dedication. The Developer will also preserve the maple tree designated by Owner. 'this Agreement contains the entire understanding between the parties and shall not be modified except in writing signed by both. This Agreement shall be construed under 1 he laws of the Commonwealth of Virginia and the exclusive jurisdiction for any JAN 14 2005 FREDERICK COUNTY PLANIMING & DEVELOPMENT Iegal proceedings incident hereto shall be in a court of competent jurisdiction in Frederick Count3-, Virginia. .A faxed copy of this memorandum of agreement bearing both signatures shall be as binding as the original. a`0 (- - lel, &, N —, - - Develo er Owner COMMONWEALTH Of VIRGINIA CITY/(:OUNTY OF r era , to -wit: The foregoing instrument was kn edged for me this i t/ - - day of 2005 by (7,P n n,,'A � w My Commission expires: COMMONWEALTH OF VIRGINIA CITYAMUNTY OF o(` e 1 'd_, to -wit: foregoing instrument was a9knowledgedl 7'BO7RC 2005 by My Commis on expires: / % me this I t/4 day of DEcEE wE JAN 14 2005 FREDERICK COUNTY PLANNING & DEVELOPMENT THIS DEED OF EASEMENT AND DEDICATION, i s m ade this day of 2005, by and between KAREN A. RAWLS, party of the first part, hereinafter called the Grantor, and COUNTY OF FREDERICK, VIRGINIA, party of the second part, hereinafter called the Grantee. WITNESSETH: WHEREAS, the Grantor is the sole owner of the property described as Tax Map Parcel 63-A-52 as shown on the plat attached hereto as Exhibit "A" and incorporated herein by reference, having acquired said property by deed recorded in Deed Book 804 at Page 1033 among the land records of the Countv of Frederick, Virginia; and WHEREAS, it is the desire and intent ofthe Grantor to grant and convey unto the Grantee an easement as shown on Exhibit "A" and as hereinafter provided. NOW, THEREFORE, for and in consideration of the premises and the sum of one dollar ($1.00), cash in hand paid, receipt of which is hereby acknowledged, the Grantor does hereby grant and convey unto the Grantee, its successors and assigns (the "Grantee") the 15 foot storm drainage easement as shown on the above referenced plat which plat is attached hereto and incorporated herein as said Exhibit "A." Said easement shall be for the purpose of constructing, operating, maintaining, adding to, or replacing present or future storm drainage pipes, necessary structures, and appurtenances necessary for the collection of storm water and for its transmission through and across the property of the Grantor. Said easements are subject to the following conditions: 1. All pipes, manholes, inlet structures, and appurtenant facilities which are installed in the easements shall be and remain the property of the Grantee, its successors ®�cEE wE AN 1 4 2005 FREDERICK COUNTY PLAN [`!ING & DEVELOPMENT r and assigns. 2. The Grantee and its agents shall have full and free use of the said easements for the purposes named, and shall have all rights and privileges reasonably necessary to the utilization of the easements and the right to use adjoining land of the Grantor where necessary; provided, however, that its right to use adjoining land shall be exercised only during periods of actual construction, repairs or maintenance, and further, this right shall not be construed to allow the Grantee to erect any building or structure of a permanent nature on such adjoining land. 3. The Grantee shall have the right to trim, cut, and remove trees, except maple trees, shrubbery, fences, structures, or other obstructions or facilities in the easements being conveyed, deemed by it to interfere with the proper and efficient construction, operation, repairs and maintenance of said easements; provided, however, that the Grantee shall at its own expense, within 60 days from the date of such work, restore, as nearly as possible, the premises, including the driveway, to their condition as the property was immediately prior to any improvements, repairs and/or alterations made by the Grantee, its successors, assigns or agents of any nature whatsoever to include, but not be limited the backfilling of trenches, the replacement of fences, and the reseeding or resodding of lawns or pasture areas, except for the trees. 4. The Grantor reserves the right 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 Grantee for the purposes named. PA U G E N E AN N 1 4 2005 FREDERICK COUNTY PLANNING & DEVELOPMENT WITNESS the following signature and seal: (SEAL) Karen A. Rawls COMMONWEALTH OF VIRGINIA CITY/COUNTY OF , to -wit: The foregoing instrument was acknowledged before me this day of 2005, by Karen A. Rawls. My Commission Expires: 3 Notary Public E c E o w E J A N 1 4 2005 FREDERICK COUNTY PI ANN'NG & DEVELOPMENT -' �� •y"'_."•'•.--ram...._..--..-.. t ; KAREN p RAC- : RAY 63—A-52 I r 63¢� � � • -$04 pG 10 �B 948.... r • 63— �r-5 t i , r �E; R�SlDE .. I US�•� R ._ ,• � ! 66 DB 63, pG 1,40 - U. f •� W APO 00 �„ s j ... t S Tom, .. SEINER . _,.._----, ," y , y -_ �.; \ .33'3.23 AR.A- r SQ. Frt� 9 STORMr. 5S EWER EASEMENT; GR�PI.0 SGA1' ` • .- ... ',...w...a...-....�_. �f _ .r .r ••,'.w. � itafaiY� �O�• • FEET ; , ,...� - 0TROPERTY i inch - 40 ft. `- SCALE: 1' = 40' JANUARY 5, 2005 Bowman Consulting Group, Ltd. Winchester Office 124 East Cork Street Winchester, Virginia 22601 Phone: (540) 722-2343 Fax: (540) 722-5080 Bovvnian www.bowmanconsulting.com C O N S U L T I ® Bowman Conauldnp Group. Ltd. N 6 BCG PROJECT NO: 2764-01-001 + 1 BY: JBF I CHK: DWG: P:\2764 - NEFF\2764-01-001\Englneedng\Exhiblts\2764-EasonantEAbits\2764-RawlsPropwty_01-05-0&dwg I SHEET 1 OF 1 ®EC EC WE 5 JAN 1 4 2005 13 FREDERICK COUNTY PLANNING & DEVELOPMENT Cum '.rM COUN n Department of Planning and Development 540/ 665-5651 FAX: 540/ 665-6395 December 3, 2007 Bowman Consultants 124 East Cork Street Winchester, Virginia 22601 RE: Voiding of Hilda Maye Meadows Subdivision Design Plan (SDP #19-05) To Whom It May Concern: This correspondence is to inform you that we are voiding the above referenced application from our system. This site plan was officially submitted in April of 2005 and has been inactive since May of 2006. Also, since the above referenced property is no longer owned by the parties that submitted the site plan, this plan is invalid. Sincerely, 0 Candice E. Perkins, AICP Senior Planner CEP/bad cc: Denny Derflinger, 162 Imboden Drive, Winchester, VA 22603 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 REQUEST FOR SUBDIVISION COM1\IENTS Frederick County Public Works Department Attn: Director of Public Works/Engineering 107 North Kent Street, Suite 200 Winchester, Virginia 22601 (540) 665-5643 The Frederick County Engineering Department is located at 107 North Kent Street, 2nd Floor of the County Administration North Building in Winchester, if you prefer to hand deliver this review. Applicant's name, address and phone number: BOWMAN CONSULTING GROUP 1`24 EAST CORK STREET WINCHESTER, VA 22601 (540)722-2343 Name of development and/or description of the request: �HILDA MAYE MEADOWS Location: LOCATED ON THE NORTH SIDE OF RT. 652, 0.25 MILES WEST OF THE RT. 11 AND RT. 652 INTERSECTION. Engineer Comments: Signature and Date: (NOTICE TO ENGV Sj M- DEPT.*PLEASE RETURN THIS FORM TO APPLICANT.) NOTICE TO APPLICANT It is your responsibility to complete this form as accurately as possible in order to assist the agency with their review. Also, please attach two copies of your plans and/or application form. Department of Planning and Development 5401665-5651 FAX: 540/ 665-6395 January 26, 2006 Bowman Consultants Attention: Jason Freeman 124 East Cork Street Winchester, Virginia 22601 RE: Hilda Maye Meadows: Second Subdivision Design Plan (SDP) Review Dear Jason: I have had the opportunity to review the revised Subdivision Design Plan (SDP) for Hilda Maye Meadows, received by our office on January 11, 2006. Please address the following comments: 1. Utilities. Provide a statement on sheet 2 under site and zoning data, that all utilities must be underground. 2. Building Restriction Lines. The side BRL's for lot 18 are incorrect; this BRL can be five feet. 3. Existing Lot. The side building restriction lines for the existing lot needs to be merged with the residential separation buffer. 4. Landscaping. On the original submission, there were trees shown along one side of Burlington Court; on the second submission these trees have been removed. These trees along the street should be put back on the plan. 5. Residential Separation Buffer. The residential separation buffer as stated on sheet 17 is 1,3051f, which requires 392 plants; this buffer has to be 1/3 deciduous and 2/3 evergreen. Sheet 17 only includes 19 deciduous trees; a minimum of 131 deciduous trees is required for this buffer. Also, sheet 17 states that there are 441 plants within the residential separation buffer; please double check this number with what is shown on sheet 16. 6. Plant Types. On sheet 17 for the residential separation buffer, Fringetree is not a permitted tree type. The evergreen selection provided on sheet 17 shows many shrub -like evergreen plants. While these trees may meet the height requirement, a mix of trees like cypress or spruce needs to be included to adequately screen the development as intended. For the individual lot plantings, Fringetree, Barberry, Johnswort and Lilac are not permitted tree types. The height for the ornamental shrubs for the individual lots does not need to be 48" in height; ornamental shrubs may be 36". 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 4 Jason Freeman Re: Hilda Maye Meadows January 26, 2006 Page 2 7. Ornamental (Individual Lot) Landscaping. The plant schedule on sheet 17 does not match the lot requirement table on sheet 17. The table states that there are 289 shrubs and 92 trees being provided; the lot requirements state that 270 shrubs and 90 trees are provided. Please revise these tables to match. 8. Fence. A six foot high opaque fence needs to be shown along the eastern property line. 9. Traffic Calming Methods. General note #26 from the approved MDP states that "adequate safety measures, such as signage and rumble strips, are to be provided". These safety measures were meant to be placed in the turn lane before vehicles pass the Harless property. In your response letter, you stated that VDOT did not want these provided within the turn lane. Please provide a statement from VDOT indicating that they do not wish to have the safety measures that were discussed at the Master Development Plan phase implemented. The application seeking approval is denied until the issues identified in this letter have been adequately addressed. Please address the above comments and resubmit. I have enclosed a marked copy of the plans to assist with the revisions. If you have any questions, please feel free to call. Sincerely, Candice E. Perkins Planner II CEP/bad Enclosure cc: Denny Derflinger, 162 Imboden Drive, Winchester, VA 22603 d LET71 `R OF TRANSMITTAL 124 East Cork Street Winchester, Virginia 22601 Phone (540) 722-2343 Fax (540) 722-5080 www.bowmanconsultiniz.com To: Frederick County Department of Planning and Development 107 North Kent Street Winchester, VA 22601 Attn: Candace Perkins COMMENTS Please feel free to contact us with any questions or comments. cc: Dave Jordan, Morlyn, LLC. Urgency: Regular Transmitted by: BOWMAN CONSULTING GROUP, LTD. Jason Freeman Recipient Copy Date: 1 / 1 1 /2006 Project Name: Hilda Maye Meadows Project No: 2764-02-001 Re: 2nd Submission Via: Hand -carry We are forwarding: Confirmation of Receipt Required: No Received by: (Signature) (Print Name) (Date) 1 /1 1 /2006 Bowman G O N 5 U L T I N G January 11, 2006 Ms. Candice E. Perkins Planner II County of Frederick Department of Planning and Development 107 North Kent Street Winchester, VA 22601 RE: Hilda Maye Meadows BCG Project #2764-01-001 Dear Ms. Perkins, JAN 1 1 2006 We have received your comments dated May 23, 2005, and offer the following in response: 1. "Magisterial District. This property is located in the Shawnee Magisterial District not Back Creek. " Response: The magisterial district has been revised on the cover sheet and the title block to read Shawnee Magisterial District instead of Back Creek per your request. 2. "Approval Blocks. Only one approval block is necessary for this project. Remove the blocks for Director and County Administrator and provide one for the Subdivision Administrator. " Response: The approval blocks have been revised on Sheet 1 per your request. The Director and County Administrator blocks have been removed and the Subdivision Administrator has been provided. 3. "Owners Signature. A signature line for the property owner is required on the cover. " Response: A signature line for the property owner has been added to the cover sheet per your request. Bowman Consulting Group, Ltd. 124 East Cork Street . Winchester,VA 22601 Phone: 540.722.2343 . Fax: 540.722.5080 . www.bowmanconsulting.com Ms. Candice E. Perkins January 11, 2006 Page 2 of 6 4. "Project Narrative. On the cover sheet it needs to be shown that this is an age restricted (55+) community. " Response: The project narrative located on the cover sheet of the plan set has been revised to include "This development shall be an age restricted (55+) community." 5. "Date. Provide a day for the plan along with the month and year. " Response: A day has been added to the title block in the plan set per your request. 6. "Plan Title. This is a subdivision design plan not a site plan. " Response: The plan title has been revised from a site plan to a subdivision design plan on the cover sheet and title blocks per your request. 7. "Zoning Tabulations. The side setbacks for these houses need to be specified as small lot detached or zero lot line. The lot layout is using detached houses with a 20' separation, the 20' separation is only used with the attached option. With detached small lot houses the side setbacks are 5' (10' separation between houses.) Also, the picnic shelter is only designated as a slab. A detail of the shelter needs to be provided (this can be on the same sheet as the community center) that shows the roof structure, etc., also the number of picnic tables provided need to be included. " Response: The Zoning Tabulations located on Sheet 2 have been revised to include the correct side setbacks for detached homes. The side setbacks have been changed to 5' for the detached houses. In addition, a detail has been added to Sheet 19 to display the picnic shelter per your request. 8. "Landscape Plan. There is a statement on Sheet 2 that landscape plans will be submitted with individual site plans. An overall landscaping plan showing the required plan numbers specified in §165-36 needs to be provided with this subdivision design plan. " Response: The landscape plan on Sheets 16 and 17 have been revised to show the required number of plantings in the residential separation buffer and in the lots. 9. "Right -of -Way to be Dedicated On Sheet 3 the areas of right-of-way that are required from the adjacent property owners is still hatched and labeled "to be dedicated. " These areas need to be dedicated prior to SDP approval and instrument numbers provided on the SDP. " Ms. Candice E. Perkins January 11, 2006 Page 3 of 6 Response: The label "Right-of-way to be dedicated" on Sheet 3 of the plan set has been revised to include the instrument number for the right-of-way per your request. 10. "Traffic Calming Methods. General Note #26 from the approved MDP states that "adequate safety measures, such as signage and rumble strips, are to be provided. " These safety measures were meant to be placed in the turn lane before vehicles pass the Harless property. It does not appear that any of these measures have been implemented. " Response: In order to satisfy the need for traffic calming methods for the turn lane into the subdivision, I placed a phone call to Lloyd Ingram of the Virginia Department of Transportation (VDOT). He informed me that the turn lane itself is a natural calming action that slows traffic. He stated that VDOT did not want rumble strips to be included in the turn lane. 11. "Stop Sign. Provide a stop sign where Burlington Court meets Apple Valley Road. " Response: A stop sign has been provided where Burlington Court meets Apple Valley Road and can be found on Sheet 3 and Sheet 18 of the plan set. 12. "Sidewalk Location. The sidewalks along the private road are about 9 feet off the pavement. It would be beneficial to move the sidewalks closer to the pavement of the road to ensure that when people park in their driveways that they are not blocking the sidewalk with their vehicles. " Response: The location of the sidewalk along the private road has been relocated to 2' from the back of curb to ensure that when people park in their driveways that they are not blocking the sidewalk with their vehicle. 13. "Sidewalk Size. The sidewalks should be increased to 5' in width to match the VDOT standard. " Response: The sidewalk size has been increased from 4' to 5' in width to match the VDOT standard. 14. "Community Center. This site plan needs to include all of the details for the community center. A separate sheet needs to be included for the community center (site plan) with a smaller scale (no larger than 1 "=30'.) This site plan needs to show handicap access, as well as more details for the building. Specifically, a handicap ramp needs to be provided for the community center parking lot and the building should be moved back off of the sidewalk and a walkway provided to the front door. " Ms. Candice E. Perkins January 11, 2006 Page 4 of 6 Response: Sheet 19 has been added to the plan set to include the details for the community center. The scale of the drawing is 1"=10'. A CG-12A handicap ramp has been added to the plans to provide access from the parking lot to the community center. 15. "Picnic Shelter Trail, The trail needs to be increased to 5' in width and an extension of the trail that runs from the picnic shelter between Lots 15 and 16 (pedestrian access easement) or by the stormwater pond should be provided for easier access. A detail for the trail needs to be provided; this trail needs to be asphalt. " Response: The picnic shelter trail has been increased in width from 4' to 5' and extended between lots 16 and 17 in order to provide easier access to the picnic shelter. The trail type has been changed to asphalt and a detail provided on Sheet 20. 16. "Apple Valley Road Provide the speed limit for Apple Valley Road. " Response: The speed limit for Apple Valley Road has been added to Sheet 3 per your request. 17. "Building Restriction Lines The side BRLs on Sheet 3 are incorrect (5'.) Also, the BRL for Lot 17 needs to be merged with the sewer easement. " Response: The side building restriction lines have been changed to 5' and can be found on Sheet 3. The sanitary sewer has been relocated per Frederick County Sanitation Authority comments. After the sanitary sewer was relocated, the easement no longer overlaps with the building restriction line on Lot 17. I & "Existing Lot. The building restriction lines for the existing lot need to be shown. " Response: The building restriction lines have been added to the existing lot per your request. 19. "Surveyed Boundaries. The surveyed boundaries for the entire parcel and each lot need to be provided. " Response: The surveyed boundaries for the entire parcel and each lot have been provided on Sheet 5 per your request. 20. "Legal References. The legal references fop all easements on this site and for easements where utilities are being used from adjacent properties. " Response: The legal references for the easements on the site and for adjacent properties have provided on Sheet 3 of the plan set. Ms. Candice E. Perkins January 11, 2006 Page 5 of 6 21. "Residential Separation Buffer. There is a residential separation buffer that runs along the north, south and east property lines. This buffer has not been shown on the north and east property lines and is incorrect on the south property line. This buffer needs to contain three trees per 10 linear feet (113 deciduous.) The evergreen (screen) trees need to be 4' in height at time ofplanting and the deciduous 2" caliper. A 6' high opaque fence is also required. The plantings used for the screen must conform to the plant types and designations in §1615-36B of the Frederick County Zoning Ordinance. The trees also need to be located within the 25' of the buffer area. " Response: The residential separation buffer has been labeled along the north, east, and south properties line on Sheet 3 of the plant set. The proposed buffer plants and quantities have been provided on Sheets 16 and 17. A 6' high wooden fence has been added to the south property line per your request. 22. "Fence Requirements. The note from the approved MDP needs to be included regarding the repair of the existing fence and a detail for the new fencing needs to be provided. " Response: The note from the master development plan for the existing fence has been added to Sheet 16 that states "Existing fence shall be repaired or replaced as needed to satisfy Article IV, Section 165-36 and 165-37 of the Frederick County Zoning Ordinance." 23. "Ornamental Landscaping. For this housing type, 15 ornamental shrubs and 5 ornamental trees are required on each lot (191ots=a total of 380 ornamental plants) Revise the detail on Sheet 16 to shown the required plantings on each individual lot. " Response: The landscape plan and details on Sheets 16 and 17 have been revised to display the correct amount of plantings as well as the total count of plantings in the lots. 24. "Existing Trees It is my understanding that trees are going to be removed from the Harless property, delineate where the trees are going to be removed on Sheet 16. " Response: A note was added to Sheet 16 that states "Coordination with adjoining neighbor needs to occur to remove old or dying vegetation." 25. "Planting Requirements On Sheet 17, provide a statement that all plantings shall conform with §165-36B of the Frederick County Zoning Ordinance and that any plant substitutions must be approved in writing by the Planning Department. " Response: A note was added to Sheet 17 that states "All plantings shall conform with Section 165-36B of the Frederick County Zoning Ordinance and that any plant substitutions must be approved in writing by the Planning Department." Ms. Candice E. Perkins January 11, 2006 Page 6 of 6 26. "Plant Schedules. On Sheet 17 provide two plant schedules; one for the individual lots (ornamental landscaping) and one for the zoning district buffer. Evergreen (screen) trees used for the residential separation buffer must have a size of 4 , not 24-36" container. " Response: The planting schedule has been revised on Sheet 17 to include three plant schedules: one for the residential separation buffer, one for the individual lots, and another for the open space. Sincerely, BOWMAN CONSULTING GROUP Jason Freeman Design Engineer FILE COPY COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/665.6395 " 3, 2005 Bowman Consultants Attention: Jon Erickson 124 East.Cork Street Wincheter,'Virginia 22601 RE: Hilda Maye Meadows: Subdivision Design Plan (SDP) Review Dear Jon: I have had the opportunity to review the revised Subdivision Design Plan (SDP) for Hilda Maye Meadows, received by our office on May 9, 2005. Please address the following comments: 1. Magisterial District. This property is located in the Shawnee Magisterial District not Back Creek. 2. Approval Blocks. Only one approval block is necessary for this project. Remove the blocks for the Director and County Administrator and provide one for the Subdivision Administrator. 3. Owners Signature. A signature line for the property owner is required on the cover. 4. Project Narrative. On the cover sheet it needs to be shown that this is an age restricted (55+) community. 5. Date. Provide a day for the plan along with the month and year. 6. Plan Title. This is a subdivision design plan not a site plan. 7. Zoning Tabulations. The side setbacks for these houses needs to be specified as small lot detached or zero lot line. The lot layout is using detached houses with a 20' separation, the 20' separation is only used with the attached option. With detached small lot houses the side setbacks is 5' (10' separation between houses). Also, the picnic shelter is only designated as a slab. A detail of the shelter needs to be provided (this can be on the same sheet as the community center) that shows the roof structure etc., also the number of picnic tables provided need to be included. 8. Landscape Plan. There is a statement on sheet 2 thatlandscape plans will be submitted with individual site plans. An overall landscaping plan showing the required plant numbers specified in §165-36 needs to be provided with this subdivision design plan. 9. Right of Way to be Dedicated. On Sheet 3 the areas of right-of-way that are required from the adjacent property owners is still hatched and labeled "to be dedicated". These areas need to be dedicated prior to SDP approval and instrument numbers provided on the SDP. 107 North Kent Street, Suite 202 9 Winchester, Virginia 22601-5000 Bowman Consultants Attn: Jon Erickson Re: Hilda Maye Meadows May 23, 2005 10. Traffic Calming Methods. General note #26 from the approved MDP states that "adequate safety measures, such as signage and rumble strips, are to be provided". These safety measures were meant to be places in the turn lane before vehicles pass the Harless property. It does not appear that any of these measures have been implemented. 11. Stop Sign. Provide a stop sign where Burlington Court meets Apple Valley Road. 12. Sidewalk Location. The sidewalks along the private road are about 9 feet offthe pavement. It would be beneficial to move the sidewalks closer to the pavement of the road to ensure that when people park in their driveways that they are not blocking the sidewalk with their vehicles. 13. Sidewalk Size. The sidewalks should be increased to 5' in width to match the VDOT standard. 14. Community Center. This site plan needs to include all of the details for the community center. A separate sheet needs to be included for the community center (site plan) with a smaller scale (no larger than 1" = 30'). This site plan needs to show handicap access, as well as more details for the building. Specifically, a handicap ramp needs to be provided for the community center parking lot and the building should be moved back off ofthe sidewalk and a walkway provided to the front door. 15. Picnic Shelter Trail. The trail needs to be increased to 5' in width and an extension of the trail that runs from the picnic shelter between lots 15 and 16 (pedestrian access easement) or by the stormwater pond should be provided for easier access. A detail for the trail needs to be provided; this trail needs to be asphalt. 16. Apple Valley Road. Provide the speed limit for Apple Valley Road. 17. Building Restriction Lines. The side BRL's on Sheet 3 are incorrect (5'). Also, the BRL for lot 17 needs to be merged with the sewer easement. 18. Existing Lot. The building restriction lines for the existing lot need to be shown. 19. Surveyed Boundaries. The surveyed boundaries for the entire parcel and each lot need to be provided. 20. Legal References. The legal references for all easements on this site and for easements where utilities are being used from adjacent properties. 21. Residential Separation Buffer. There is a residential separation buffer that runs along the north, south and east property lines. This buffer has not been shown on the north and east property lines and is incorrect on the south property line. This buffer needs to contain three trees per 10 linear feet (1 /3 deciduous). The evergreen (screen) trees need to be 4' in height at time of planting and the deciduous 2" caliper. A 6' high opaque fence is also required. The plantings used for the screen must conform to the plant types and designations in § 165- 36B of the Frederick County Zoning Ordinance. The trees also need to be located within the 25' of the buffer area. 22. Fence Requirements. The note from the approved MDP needs to be included regarding the repair of the existing fence and a detail for the new fencing needs to be provided. Bowman Consultants Attention: Jon Erickson Re: Hilda Maye Meadows May 23, 2005 23. Ornamental Landscaping. For this housing type,15 ornamental shrubs and 5 ornamental trees are required on each lot (19 lots = a total of 380 ornamental plants). Revise the detail' on Sheet 16 to shown the required plantings on each individual lot. 24. Existing Trees. It is my understanding that trees are going to be removed from the Harless property, delineate where the trees are going to be removed on Sheet 16. 25. Planting Requirements. On Sheet 17, provide a statement that all plantings shall conform with § 165-36B of the Frederick County Zoning Ordinance and that any plant substitutions must be approved in writing by the Planning Department. 26. Plant Schedules. On Sheet 17 provide two plant schedules one for the individual lots (ornamental landscaping) and one for the zoning district buffer. Evergreen (screen) trees used for the residential separation buffer must have a size of 4' not 24-36" container The application seeking approval is denied until the issues identified in this letter have been adequately addressed. Please address the above comments and resubmit. I have enclosed a marked copy of the plans to assist with the revisions. If you have any questions, please feel free to call. Sincerely, Candice E. Perkins, Planner II CEP/dlw Enclosure cc: Denny Derflinger, 162 Imboden Drive, Winchester, VA 22603 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 Yll 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 t . . 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. 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. v 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. V locations, dimensions and cross sections of existing and proposed sidewalks and walkways. t\11A location of environmental features including floodplain, steep slopes, wetlands, sinkholes, woodlands and natural stormwater detention areas. AIIA 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. V 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. V certification by an engineer, surveyor or other qualified professional of the accuracy of the plat. Xsignature 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. Fi 1 12 Aw COUNTY of FREDERICK Department of Public Works 540/665-5643 FAX: 540/678-0682 July 1, 2005 Mr. Jon K. Erickson Bowman Consulting 124 East Cork Street Winchester, Virginia 22601 RE: Subdivision Plan Comments - Hilda Maye Meadows Frederick County, Virginia Dear Mr. Erickson: Upon review of the subject subdivision plan, we offer the following comments: The plans contain a discrepancy in the size indicated for the off -site storm water pipe that drains form the proposed stormwater facility to the roadside ditch. A copy of the recorded/platted drainage easement across the Rawls' property shall be submitted at the time of application for the land disturbance permit. 2. There is no clearly defined drainage path indicated within the 25 foot residential separation buffer in the area located along the northern portion of the subdivision. Consequently, the overall lot grading plan shall reflect a defined drainage area designed with a minimum slope of two (2) percent for overload flow. If the minimum slope is less than two (2) percent, a paved flume or storm sewer system shall be provided. Indicate on the plan a clear off -site drainage path to accommodate the drainage from the rear of these lots. Any area in which drainage collects from more than three (3) lots, shall be placed within a platted drainage easement. Provide one (1) foot contours on the overall grading plan to clearly define the drainage path. The detail for the silt fence shall include wire reinforcement. 4. Note 10. B on sheet 15 of 18 indicates that maintenance will be performed by Happy Creek Knolls, Section II, H.O.A. This subdivision is called Hilda Maye Meadows. Also, note 4 under general notes refers to sheet 12 for pond routing computations. However, sheet 12 contains information about the pre -developed drainage conditions, not pond routing. A:\hildamayemeadowssubdeom.wpd 107 North Kent Street • Winchester, Virginia 22601-5000 Hilda Maye Meadows Subdivision Comments Page 2 July 1, 2005 5. Provide overland relief from the pond for a 100-year storm event to ensure that buildings located downstream will not be impacted by the flow conditions from these storms. In addition, it will be necessary to evaluate the downstream channel to ensure that it will be adequate to a 100-year storm event. Once these comments have been addressed, submit one (1) copy of the plan for further review. Sincerely, Joe C. Wilder dJ. Deputy Director s cc: Planning and Development file 7� S A:Utildamayemeadowssubdcom.wpd '5,20 APPLICATION AND CHECKLIST SUBDIVISION FREDERICK COUNTY, VIRGL Applicant/Agent: BOWMAN CONSULTING GROUP Address: 124 EAST CORK STREET WINCHESTER. VA 22601 Phone Number: (540)722-2343 Owner's Name: DENNY DERFLINGER Please list names of all owners, principals, and/or to 3ority stockholders: Contact Person: JON K. ERICKSON, PE Phone Number: (540)722-2343 NAME OF SUBDIVISION: HILDA MAYE MEADOWS Number of Lots: 19 Total Acreage: 4.67 Property Location: LOCATED ON THE NORTH SIDE OF RT. 652, 0.25 MILES WEST OF THE RT. 11 AND RT. 652 INTERSECTION. (Give State Route # and naive, distance and direction fiom intersection) Magisterial District: BACK CREEK Property Identification Number (P.I.N.): 63—A-52A (Parent Tract) Property zoning and present use: RP/SINGLE FAMILY RESIDENCE Adjoining property zoning and use: RP/RESI DEN TI AL Has a Master Development Plan been submitted for this project? X Yes No If yes, has the final MDP been approved by the Board of Supervisors? X Yes No What was the Master Development Plan title? H I LD A M A YE MEADOWS Does the plat cotxWn any changes from the approved MDP? X Yes No If yes, specify what changes: PLAT CONTAINS 1 LESS LOT Minimum Lot Size (smallest lot): 4227 SQ FT Number and types of housing units in this development: 1 EXISTING SINGLE FAMILY RESIDENCE 18 AGE RESTRICTED SINGLE FAMILY SMALL LOT HOMES 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: y-93' 1051- Bowman C O N 5 U L T 1 N G APR 2 5 2005 1395 Piccard Drive, Suite 240 Rockville, Maryland 20850 Phone (301) 519-8999 Fax (301) 519-1910 www.bowmanconsultinR.com To: Frederick County Department of Planning and Development 107 North Kent Street Winchester, VA 22601 Attn: Candace Perkins LETI LR OF TRANSMITTAL Date: 4/25/2005 Project Name: Hilda Maye Meadows Project No: 2764-01-001 Re: Plan Submission Via: Hand -carry We are forwarding: QUANTITY DESCRIPTION 2 Copies of Plans I Subdivision application I Fee check COMMENTS Please feel free to contact us with any questions or comments. cc: Denny Derflinger Regular Transmitted by: BOWMAN CONSULTING GROUP, LTD. Jason Freeman Recipient Copy Confirmation of Receipt Required: No Received by: (Signature) (Print Name) (Date) 412512005 LETTLk OF TRANSMITTAL • t" 124 East Cork Street Winchester, Virginia 22601 Phone (540) 722-2343 Fax (540) 722-5080 www.bowmanconsulting.com To: Frederick County Planning 107 North Kent Street Winchester, VA 22601 Attn: Candace Mills Date: 5l9/2005 Project Name: Hilda Maye Meadows Project No: 2764-01-001 Re: Fee check Via: Hand -carry We are forwarding: rQUANTITY DESCRIPTION I Fee check COMMENTS Please feel free to contact us with any questions or comments. cc: Denny Derflinger Urgency: Regular Transmitted by: BOWMAN CONSULTING GROUP, LTD. Jason Freeman Confirmation of Receipt Required: No Received by: (Signature) (Print Name) (Date) Binder Copy 5/9/2005 APR 2 5 2005 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 YOURAPPROVAL PLEASE PROVIDE COMMENTS AS TO WHAT YO U WO ULD LIKE TO HAVE COMPLETED. INITIALS DATE & TIME Candice 14 David Mark Susan Eric COMMENTS:/�L/C !j A'GF— Received by Clerical Staff (Date & Time): U^4 l9"x lUD,� l,9UU~� 2'5OO^OU~ l'9UQ^UU` 4'4OO~OU* Please note: The Subdivision/MDP plans associated with this file are located in the file room. SUBDIVISION #19-05 HILDA MAYS Back Creek 19 LOTS 4.67