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HomeMy WebLinkAbout01-15 Lynnehaven Section 3 Phase 3A Lots 6 Section 4 Red Bud - Backfile7-j v UV 0 Ln SUBDIVISION CHECKLIST 1. Comment sheets from the following agencies, along with any marked copies of the plan: VDOT City of Winchester GIS Sanitation Authority Inspections Department Fire Marshall Health Department Parks & Recreation County Engineer 2. One copy of the subdivision application TRACKING SHEET ,2,i5 SDP Application received SDP Fee paid ( $ To be filled in if an MDP is associated with this subdivision lu 111 WE! Approved by BOS: Admin. Approval: Information entered in D-base and Reference Manual Application Action Summary updated I i 15 Plat Application Received & fee paid $ �Plat(s) signed by Subdivision Administrator Approval letter to applicant/copy to file & cc's 15 Copy of final subdivision plat(s) [with signatures] made and given to GIS for structure numbering assignment yl2i�l5 �315 Sys ID # Revised 3/14/14 Updated D-base and Reference Manual Application Action Summary updated Final plat(s) submitted with review agency signatures along with: Recorded Deed of Dedication pO Bond estimate (if required) $ t, � 3 S• Lc-, �0 , -6-4 %5L' 6&1 VI.-si()cl VimAe ------------------------------- ACCOUNT PAID AMT. OF _HOW ACCOUNT CASH AMT" , 4 PAID BALANCE MONEY DUE ORDER BY s'! ©2001FtEOFOrd'!.® 8L818 l _ ACCOUNT HOW PAID AMT. OF ACCOUNT CASH AMT..' PAID. CHECK _ BALANCE MONEY ": BY - "� -� DUE ORDER ©2001rl� 6FORI.® 8 L81 8 RECEIPT DATE NO.77571 RECEIVED FROM C10-Y1)CL-AL ww'dkZ61±Y4 k4c ADDRESS C- r4 trio � . U1'ZY1.na . Llh ;;),RIK PAID ECK BALANCE MONEY. DUE ORDER BY�� (D2001 MFg-m— ® 8L818 COUNTY of FREDERICK Department of Planning and Development 5401665-5651 FAX: 540/ 665-6395 MEMORANDUM TO: Finance Department FROM: Pam Deeter, Secretary II SUBJECT: Overpayment on Final Plat DATE: February 25, 2015 The amount of $1,600.00 was deposited in line item #3-010-013030-0007 treasure code (ZASP) on February 18, 2015 for final plat on subdivision 01-15 Lynnehaven Section 3 Phase 3A for 6 lots. The check was issued to Frederick County for the wrong amount. Please refund Corvan Winchester, LLC in the amount of $400.00. The address is listed below. You may pay this through the regular bill cycle. Please send a check in the amount of $400.00 to: SC/pd Corvan Winchester, LLC 8230 Leesburg Pike Suite 620 Vienna, VA 22182 107 North Kent Street, Suite 202 - Winchester, Virginia 22601-5000 { RECEIPT e DATEi NO. 577571 RECEIVED FROM`" Coil Xu& Uj o' ; sbs*,�, 45 a ADDRESS r FOR ACCOUNT HOW PAID {J'�,n A CASH {" ACCOUNT AMT. 'f-/�✓ _� PAID CHECK i BY ��� y 3 BALANCE MONEY III I DUE ORDER ©2001 r§PFCrd4. ® 8L818 - Checking SSB - Corva Plat Fee - Lynnehaven M 1019 Payment 1,600.00 1,600.00 1,600.00 'a0 OO� WINCHESTER VA::.226`04:=fl22:5 Ticket #:00024740001 Date 2/19/2015 Register: jmH/JMHA Trans. #: 23490 Dept # ZASP Acct# Balance $ 17602.00 ral;:Being :;raid $ 17602.00 Pena* ty $ .00 `Interest $ .00 : Ount Paid $ 17602.00 ':*.Balance Due $ .00 36.00 59289. 02 # VARIOUS MONTH 2/2015 150001463 BRIEF DESCRIPTION OF PROPERTY: PLAT ATTACHED: i PREPARED BY: I TAX MAP PARCEL NO: PREPARED BY AND RETURN TO SECTION THREE — PHASE 3A, LYNNEHAVEN — RED BUD MAGISTERIAL DISTRICT (2.0743 ACRES) PLAT NO.2185R (SHEETS 1 through 7) GREENWAY ENGINEERING, INC. 55-((A))-206 McGuireWoods LLP One James Center 901 East Cary Street Richmond, Virginia 23219 Attention: Matthew P. Rash, Esq. VA Bar No. 68565 THIS DEED OF SUBDIVISION, DEDICATION, EASEMENT, AND SUPPLEMENTARY DECLARATION (the "Deed") is made as of February 10, 2015, by and between CORVAIR WINCHESTER, LLC, a Virginia Limited liability company (hereinafter referred to as "Owner"), as grantor; the BOARD OF SUPERVISORS OF FREDERICK COUNTY, VIRGINIA, a body corporate and politic (hereinafter referred to as "County"), as grantee; the FREDERICK COUNTY SANITATION AUTHORITY, a body corporate and politic (hereinafter referred to as "FCSA"), as grantee; and LYNNEHAVEN HOMEOWNERS i ASSOCIATION, INC., a Virginia nonstock corporation formed pursuant to the Virginia Property Owners Association Act (hereinafter referred to as the "Association"), as grantee. RECITALS: A. The Owner is the owner of certain real property (the "Property"), as shown on plat number 2185R, dated December 8, 2014, titled "Final Subdivision Plat, Lynnehaven, Section Three — Phase 3A," and prepared by Greenway Engineering, Inc. of Winchester, Virginia, certified land surveyors (the "Plat") which Plat is attached hereto. v ,• N w B. The Property is situated in Frederick County, Virginia; Owner having acquired the Property by deed recorded in as Instrument Number 140006691, among the land records of Frederick County, Virginia (the "Land Records") C. It is the desire and intent of Owner to subdivide the Property into lots and parcels, and a residue parcel, and to dedicate, grant, and convey for public use, the streets and thoroughfares in accordance with_this Deed and the Plat. D. It is the desire and intent of Owner to grant and convey unto the County and unto FCSA, the easements in the locations as shown on the Plat and as hereinafter provided. E. It is the desire and intent of Owner to grant and convey unto the Association, the easements in the locations as shown on the Plat and as hereinafter provided. F. The Owner is the Declarant under the Declaration for Lynnehaven attached to a Deed of Dedication recorded among the Land Records as Instrument Number 030007982, as amended from time to time (the "Declaration', and has acquired the Declarant rights of the original Declarant from Taylor -Grace, LLC, a Virginia limited liability company, as successor - by -merger to QR Development LLC, and from Richmond American Homes of Virginia, Inc., a Virginia corporation, by virtue of an Assignment of Declarant Rights recorded among the Land Records as Instrument Number 140006981, and from SFC Properties Reinstated, L.L.C., a Virginia limited liability company, by virtue of the quitclaim contained in the Special Warranty Deed recorded among the Land Records as Instrument Number 140006691, thereby becoming the sole Declarant: G. The Owner, as owner of the Property and as Declarant under the Declaration, desires to submit a portion of the Property to the terms and conditions of the Declaration, in accordance with Article XI, Section 8 of the Declaration. 2 t� 0 N H. The Property is subject to the lien of a deed of trust and the Beneficiary of such W10 w deed of trust has joined into this Deed to evidence its consent to such dedication. SUBDIVISION NOW THEREFORE WITNESSETH, in consideration of the premises and the sum of One Dollar ($1.00), cash in hand paid, receipt of which is hereby acknowledged, Owner hereby subdivides the Property containing I L69 acres, into six (6) lots (comprising 2.0743 acres), to be known as Lots 128 through 132, inclusive, and Lot 161, LYNNEHAVEN, Section Three — Phase 3A, together with a residue parcel containing 9.1470 acres, in accordance with the Plat which is expressly incorporated herein and made a part of this Deed. STREET DEDICATION THIS DEED FURTHER WITNESSETH, that in consideration of the premises and the sum of One Dollar ($1.00) cash in hand paid, receipt of which is hereby acknowledged, Owner dedicates to the County the 0.4675 acres for public street purposes as so designated on the Plat. This dedication is made in accordance with the statutes made and provided therefor. STORM DRAINAGE EASEMENTS THIS DEED FURTHER WITNESSETH, that in consideration of the premises and the sum of One Dollar ($1.00), cash in hand paid, receipt of which is hereby acknowledged, Owner grants and conveys unto the Association, its successors and assigns, easements for the purpose of constructing, operating, maintaining, adding to, altering or replacing present or future stormwater management facilities, storm drainage lines, storm sewer lines, or other drainage structures, including building connection lines, plus all necessary inlet structures, manholes, and appurtenances for the collection of storm waters and its transmission through and across the said property of Owner, said easements being more particularly bounded and described on the Plat, subject to the following conditions: 3 C C C 1. All sewers, manholes, inlet structures, and appurtenant facilities which are installed in the easements shall be and remain the property of the Association, its successors and. i assigns. 2. The Association and its agents shall have full and free use of said easements for the purposes named, and shall have all rights and privileges reasonably necessary to the exercise of the easements including the right of access to and from the casements and right to use adjoining land where necessary; provided, however, that this right to use adjoining land shall be. exercised only during periods of actual construction or maintenance, and further, this right shall not be construed to allow the Association to erect any building or structure of a permanent nature on such adjoining land. 3. The Association shall have the right to trim, cut, and remove trees, shrubbery, fences, structures, or other obstructions or facilities in or near the casements being conveyed, deemed by it to interfere with the proper and efficient construction, operation, and maintenance of said easements; provided, however, that the Association, at its own expense, shall restore, as nearly as possible, the premises to their original condition Such restoration shall include the backfilling of trenches, the replacement of fences and shrubbery, the reseeding or resodding of lawns or pasture areas, and the replacement of structures and other facilities located outside the easements, but shall not include the replacement of structures, trees, or other facilities located within the easements. 4. Owner reserves the right to construct and maintain roadways over said casements to the extent not prohibited or restricted by ordinance and to make any use of the easements herein granted which may not be inconsistent with the rights herein conveyed, or interfere with the use of said easements by the Association for the purposes named; provided, 4 �1 however, that Owner shall not erect any building or other structure on the casements without obtaining the prior written approval of the County. 5. The rights granted to the Association hereunder may also be exercised by the County, but the County shall have no obligation to exercise any such rights. WATER AND SEWER EASEMENTS THIS DEED FURTHER WITNESSETH, that in consideration of the premises and the sum of One Dollar ($1.00), cash in hand paid, receipt of which is hereby acknowledged, Owner grants and conveys unto FCSA, its successors and assigns with General Warranty of title, the easements as hereafter set forth in the respective locations as shown on the Plat, as follows (the "FCSA Easements"): A. Waterline Easements. Waterline and water meter easements for the purpose of constructing, operating, maintaining, adding to, altering or replacing present or future water mains, including fire hydrants, valves, meters, building service connections, and other appurtenant facilities for the transmission and distribution of water through, upon, and across the property of Owner, said easements being more particularly bounded and described on the Plat. B. Sanitary Sewer Easements. F.,asements for the purpose of constructing, operating, maintaining, adding to, altering or replacing present or future sanitary sewer lines, including building connection lines, sanitary lateral lines, manholes and all other appurtenant facilities necessary for the collection oC sanitary sewage and its transmission through and across the property of Owner as shown on the Plat. The foregoing FCSA Easements are perpetual and are for the purposes of constructing, operating, maintaining, adding to, altering or replacing present or future water mains and sanitary sewer lines, including, but not limited to, lire hydrants, valves, meters, building service connections and connection lines, sanitary lateral lines, manholes and other appurtenant facilities 5 tom. w co tv ifor the transmission and distribution of water and the collection of sanitary sewage and its transmission through, upon and across the Property. Said FCSA Easements are more particularly bounded and described on the Plat and include FCSA's right to go on, over and upon said FCSA Easements for the aforesaid purposes. The foregoing FCSA Easements granted to FCSA are subject to the following rights and conditions: 1. All water mains, sewer lines, and appurtenant facilities which are installed in the FCSA Easements shall be and remain the property of FCSA, its successors and assigns. I i 2. FCSA and its agents shal I. have full and free use of said FCSA Easements for the purposes named herein, and shall have all rights and privileges reasonably necessary to i the exercise of the FCSA Easements. In the event FCSA is unable reasonably to exercise the right of ingress and egress over the FCSA Easements, FCSA shall have the right of ingress and egress over the land of the Owner adjacent to such FCSA Easements in order to access the FCSA Easements; provided, however, that the right to use such adjoining land shall be exercised only during periods of actual construction or maintenance, and further, this right shall not be construed to allow FCSA to erect anv building, structure or facilities on such adjoining land. 3. FCSA shall have the right to trim, out, and remove trees, shrubbery, fences, structures, or other obstructions or facilities in or near the FCSA Easements being conveyed deemed by FCSA to interfere with the proper and efficient construction, operation, and maintenance of said water mains, sewer lines. and appurtenant facilities; provided, however, that FCSA, at its own expense, shall restore as nearly as possible, to their original condition all land or premises includedwithin or adjoining said FCSA Easements which are disturbed in any manner by the construction, operation, and maintenance of said water mains, sewer lines and 6 t� W Q appurtenant facilities. Such restoration shall include the backfilling of trenches and the re- W seeding of lawns or pasture areas, but shall not include the replacement of structures, trees and other facilities located within the area of the FCSA Easements. 4. Owner shall retain the right to use the Property which is subject to the FCSA Easements conveyed herein in any manner that shall not be inconsistent with the rights herein conveyed to FCSA and that shall not injure or interfere with the use and enjoyment of said rights by FCSA; provided, however, that no building, structure or fence shall be erected over or on the FCSA Easements without obtaining the prior written approval of FCSA. Owner's right of use shall also include the ability of Owner to convey easements to other utilities as shown on the Plat, provided that no other utility shall be granted the right to use (nor shall use) any part of the area within the FCSA Easements for any purpose that will conflict with FCSA's use thereof, and further provided that any such utilities shall be installed in a manner which shall not be inconsistent with the rights herein conveyed to FCSA nor injure or interfere with the use and enjoyment of the aforementioned ri-lits of FCSA. Other than as shown on the Plat, no other utility or party shall be permitted to install any underground facilities or change existing ground elevation or be granted the right to use (nor shall use) any part of the area within the FCSA Basements for any purpose or in any manner until after a review and a finding by the FCSA in writing that such use will not be in conflict with, injurious. to, or interfere with the FCSA's use of the Easements for the purposes for which such FCSA Easements are granted herein. In the event a use of any area within the FCSA Easements is approved by FCSA, but requires the relocation and/or the adjustment of the depth of the FCSA's water mains, sewer lines 7 CD ca CD j and/or appurtenant facilities, all costs required to accomplish such relocation or adjustment shall i be paid by Owner. i 5. At such time as any portion of the area(s) within the FCSA Easements is accepted by the Commonwealth of Virginia or any appropriate agency thereof for maintenance into the state highway system, all easement rights acquired by the FCSA by this instrument in such area(s) shall cease and terminate, provided that the Commonwealth of Virginia or any appropriate agency thereof concurrently grants to the FCSA all necessary permits or easements for the continued operation, maintenance, inspection, repair and replacement of its water mains, sewer lines and appurtenant facilities in said location. 6. Owner covenants that it is seized of and has the right to convey said FCSA Easements and related rights and privileges, that the FCSA shall have quiet and peaceable possession, use and enjoyment of the F..ascmcnB and related rights and privileges, and that Owner shall execute such further assurances thereof as may be required. 7. In the event the FCSA notifies Owner (or its successors or assigns, as applicable) of a violation of the ternis of these FCSA Easements and Owner (or its successors or assigns, as applicable) does not cure such violation within thirty (30) days of such notice, the FCSA may take such action as necessary to cure such violation, including ingress and egress over any portion of Owner's (or its successors' or assigns', as applicable) property deemed necessary by the FCSA to access the FCSA Easements or to enforce the FCSA's rights hereunder. All costs and expenses incurred by the FCSA in exercising or enforcing its rights hereunder shall be paid or, at the FCSA's election, reimbursed by Owner (or its successors or assigns, as applicable), within thirty (30) days from the date Owner (or its successors or assigns, as applicable) receives a bill or invoice from the FCSA for such costs and expenses. If such costs 8 f and expenses are not paid within the thirty (30) day period referenced in the preceding sentence, all such costs and expenses shall immediately commence bearing interest at the then prevailing judgment rate of interest under the Virginia Code. The FCSA shall have the right to enforce the terms of these FCSA Easements by any remedy available at law or in equity. S. If the FCSA is adjudicated the prevailing part in any judicial proceeding between the parties regarding enforcement of these FCSA 1?ascments, the FCSA shall be awarded its costs and expenses, including reasonable attorney's fees. 9. FCSA and Owner (or its successors or assigns, as applicable) acknowledge that the agreements and covenants stated herein are covenants running with the land which are and shall be binding upon Owner to the extent of Owner's interest in the areas represented by the FCSA Easements and are and shall he binding upon the Grantor's successors and assigns, as applicable, to the extent of such successors' and assigns' interest in the areas represented by the FCSA Easements, SUPPLEMENTARY DECLARATION THIS DEED FURTHER WITNI;SSETH, that the Owner, as both owner of the Property and as Declarant pursuant to the Declaration, subjects Lots 128 through 132, inclusive, and Lot 161, LYNNEHAVEN, Section Three — Phase 3A, to the terms and conditions of the Declaration. MISCELLANFOUS 1. Headings used in this Deed are for convenience purposes only and are not intended to affect the express terms herein set forth. 2. This Deed is made in accordance with the statutes made and provided in such cases, with the approval of the proper authorities of Frederick County, Virginia, as shown by the signatures affixed to the Plat and this Deed, as applicable, and is with the free consent and I W =) V O C.) in accordance with the desire of Owner, as the owner and proprietor of the land depicted on the Plat. 3. The County accepts this Deed, by evidence of its signature on the Plat, for the purpose of accepting responsibility for all maintenance and other obligations assigned to or assumed by the County in connection with the public street dedication, as hereinbefore set forth. 4. FCSA.accepts this Deed for the purpose of accepting responsibility for all maintenance and other obligations assigned to or assumed by the Authority in connection with the grants of the easements to the Authority, as herehibcfore set forth. 5. The undersigned warrants that this Deed is made and executed pursuant to authority properly granted by the articles of organization or operating agreement of the Owner. End of lnstramenf Signafare pages to follow. 10 0 W CO ..._t IN WITNESS WHEREOF, the parties have caused this Deed to be executed under seal. FURTHER WITNESS the following signatures and seals: CORVAIR WINCHESTER, LLC, a Virginia limited liability company By: NVCommercial Real Estate Fund I GP, LLC a Delaware limited liability company, its Manager By: (SEAL) Name: Matthew Weber "Title: Authorized Member COMMONWEALTH OF VIRGINIA, COUNTY OF FAIRFAX, to wit: I, the undersigned Notary Public, in and for the jurisdiction aforesaid do hereby certify that Matthew Weber, as an Authorized Member of N VCommercial Real Estate Fund I GP, LLC, a Delaware limited liability company, as Manager of Corvair Winchester, LLC, a Virginia limited liability company, whose name is signed to the foregoing Deed, appeared before me and personally acknowledged the same in my jurisdiction aforesaid. GIVEN under my hand and seal this /;Z day of February, 2015. M Commission expires: -Zo 1 My Notary Registration Number is: Name: ........ ,, Q:' 140 . [SIGNATURE PAGE TO THAT CERTAIN DEED OF SUBDIVISION, DEDICATION, EASEMENT AND SUPPLEMENTARY DECLARATION FOR LYNNEHAVEN, SECTION THREE—PHASE 2] Cs W o FREDERICK COUNTY SANITATION AUTHORITY By: Name: we E. Weindel, PE Title: Engineer -Director COMMONWEALTH OF VIRGINIA, COUNTY OF FREDERICK, to wit: I, the undersigned Notary Public, in and for the jurisdiction aforesaid do hereby certify that Uwe E. Weindel, as Engineer -Director of FREDERICK COUNTY SANITATION AUTHORITY, whose name is signed to the foregoing Deed, appeared before me and personally acknowledged the same in my jurisdiction aforesaid on behalf of the Authority. GIVEN under my hand and seal this � day of February, 2015. TASHEMA LAVONNE LONG NOTARYPUBtIC y REGISTRATION Y 7265267 COMMONWEALTN Of VIRGINIA MY COMMISSION EXPIRES AUGUST 31, 2017 Name: L• y Commi Sion expires: a AwU MyNotary �Registration Number is: [SIGNATURE PAGE TO THAT CERTAIN DEED OF SUBDIVISION, DEDICATION, EASEMENT AND SUPPLEMENTARY DECLARATION FOR LYNNEHAVEN, SECTION THREE—PHASE 2] 12 CONSENT TO DEED OF SUBDIVISION, DEDICATION, EASEMENT AND SUPPLEMENTARY DECLARATION The undersigned beneficiary under that certain Deed of Trust, Assignment of Leases and Rents, Security Agreement and Fixture Filing dated as of August 6, 2014, from Corvair Winchester, LLC, for the benefit of S.F.C. Properties Reinstated, L.L.C., recorded in the Land Records as Instrument Number 140006692 (the "Deed of Trust"), does hereby consent to the foregoing Deed of Subdivision, Dedication, Easement and Supplementary Dedication and subordinates the lien of the Deed of Trust to the street dedication and the easements described in the foregoing instrument. S.F.C. PROPERTIES REINSTATED, L.L.C., a Virginia limited liability company, formerly known as S.F.C. Properties, L.L.C. By: Springfield Management Services, Inc., Manager By: Paul E. Simonson, President STATE OF FLORIDA COUNTY OF PALM BEACH I, a Notary Public in and for the jurisdiction aforesaid, do hereby certify that Paul E. Simonson, President of Springfield Management Services, Inc., as an Authorized Member of S.F.C. PROPERTIES REINSTATED, L.L.C., a Virginia limited liability company, personally appeared before me in said jurisdiction and acknowledged the foregoing instrument to be the act and deed thereof, and that by virtue of the authority conferred upon such member, executed and delivered the same as such for the purposes therein contained on behalf of the limited liability company, WITNESS my hand and official seal this lb d y of February, 2015. /".." &,"Co Notary Public My Commission Expires: A P A b l (v Notary Registration Numb L 6 I S9 y IN 643990234 011 Pie. UISE CEVASCO - State of Florlaairec Jan 28, 20ten EE 158444 13 CD w 0 1.0 VICINITY MAP 1- = 2000' rTE D HUM APPW,,< AREA SUMMARY /Z -?o / 9 AREA IN LOTS: 2.0743 ACRES Co. SwhA AOTHORITY DATE 3 AREA IN RIW. 0.4675 ACRES FREDERICK CO S OMSION ADMINISTRATOR DATE TOTAL AREA. 25418 ACRES VA. DEPT. Of TRANSPORTATION D47E OWNER'S CER77FICAM THE ABOVE AND FOREGOING SUBDIVISION OF A PORTION OF S/HE LAND OF CORVAIR WINCHESTER. LLC, AS APPEARS ON THIS PLAT, IS WITH THE FREE CONSEW AND IN ACCORDANCE WffH THE DESIRES OF THE UNDERSIGNED OWNERS, PROPRIETOR ,, AN TRUSTEES IF ANY FOR: CORVAIR WINESM yCv't� 11 BY. - COMMONWEALTH OF V1RrdNiA CITY / COUNTY OF TO WIT THE FOREGOING OWNER'S CERTIFICATE WAS ACKNOWLEDGED BEFORE ME THIS 6 DAY OF 42,5- - 0 MY COMMISSION EXPIRES RECISM 77ON No. NOTARY PUBLIC SURVEYOR'S CERTIFICATE. I HEREBY CERTIFY THAT THE LAND CONTAINED IN THIS SUBDIVISION IS A PORTION OF 7HE LAND CONVEYED TO CORVAIR WINCHESTER, LLC BY DEED 1147EO AUGUST 6, 2014 OF RECORD IN THE FREDERICK COUNTY CIRCUIT COURT CLERKS OFFICE AS INSTRUMENT No. 140006691. A CONSTRUCTION BOND IS TO BE POSTED FOR LOT CORNER MONUAIENTA17ON OF THIS SUBDMSION I MIUHD? CER77FY THAT SHOULD MY SERVICES BE RETAINED FOR THE PURPOSE OF SETTING LOT CORNER MONUMENTS, SAID MONUMENTS WILL BE SET IN ACCORDANCE WITH FREDERICK COUNTY ZONING ORDINANCE SECTION 144-30 a rd, 24L ra� 471 ERNEST_ S, MCiLMRVLS. PARENT TAX PARCEL IDENTIFICATION TM. 55—((A))-206 11.6888 ACRES ZONE- RP USE: VACANT FINAL SUBDIVISION PLAT L YNNEHA VEN SECTION THREE - PHASE JA RED BUD MAGISTERAL DISTRICT — FREDERICK COUNTY VIRGINM E U Lic. No. 1837 N DATE DECEMBER 8, 2014 CALEVAIA SCALE GREENWAY ENGINEERING 151 Windy Hill Lane Engineers Winchester, VuSinia 22602 Surveyors q SURF Telephone: (540) 662-4185 1 14-1 1A FAX: (540) 722-9528 2185R SHEET I OF 7 F . 1971 www.greenwayeng.com hi TM. 55—((A))--206 L EN BRL = BUILDING RESTRICTION LINE CIL - CENTERLINE RIV - RIGHT OF WAY DRAINAGE EASEMENT ,..' HEREBY DEDICATED WATER & SANITARY SEWER EASEMENT HEREBY DEDICATED ® SANITARY SEWER EASEMENT HEREBY DEDICATED 11.6888 AC. (ORIGINAL) —0.4675 AC. (R/W) —2.0743 AC. (LOTS) (6) 9.1470 AC. RESIDUE (BY SUBTRACTION) F RS 1. A MONETARY CONTRIBUTION OF $3,378.31 PER LOT SHALL BE PAID TO THE TREASURER OF FREDERICK COUNTY PRIOR 70 THE ISSUANCE OF THE IN 4L BUILDING PERMITS FOR EACH LOT. NOTES 1. NO TIRE REPORT FURNISHED, EASEMENTS OTHER THAN SHOWN MAY EXIST. 2. THE PROPERTY SHOWN HEREON LIES ENTIRELY WITHIN ZONE X, AREAS DETERMINED TO BE OUTSIDE THE 0.2A; ANNUAL CHANCE FLOOD PLAIN, PER N.F./.P. FLOOD INSURANCE RATE MAP No. 51069CO240D, DATED SEPTEMBER 2, 2009. J. ALL LOTS ARE SINGLE—FAMILY DETACHED URBAN, RP ZONING, AND MINIMUM LOT SIZE - 12,000 SO. FT. MINIMUM LOT WDIH AT 5E7B4CK = 70' MINIMUM LOT WIDTH AT ROAD R/W - 35' 4. SETBACKS PER FREDERICK COUNTY ZONING ORDINANCE 165-402.09—C: FRONT = 35' FROM ROAD R/W REAR = 25' SIDE = 10' 5. ALL LOTS ARE SUBJECT TO A 20' SLOPE, DRAINAGE, AND .UTILITY EASEMENT ALONG ALL STREET R/GHT—OF—WAY LINES AND A 10' DRAINAGE & U7X Y EASEMENT ALONG ALL 07HER PROPERTY LINES HEREBY RESERVED. 6. THE BOUNDARY SHOWN HEREON IS BASED ON A SEPTEMBER, 2007 FIELD SURVEY BY 7HIS FIRM AND ON SUBDIVISION PLATS PREPARED BY THIS FIRM AND RECORDED AS INSTRUMENT Nos. 070011417, 070019473 AND 100002144. Z THE SOURCE OR MERIDIAN FOR THE 80UNLa4RY SHOWN HEREON IS RECORDED AS INSTRUMENT NO 030007982 AMONG 7HE LAND RECORDS OF FREDERICK COUNTY, V/RGINA. L YNNEHA VEN ALrr, °Fy 1 SECTION THREE — PHASE 3A 7 BUD MAGISTERIAL DISTRICT — FREDERICK COUNTY VIRGINIA V T E. I' = 50' DATE? DECEi41BER 8, 2014 ,c.P?N!�i37 GREENWAYENGINEERINGi151 WuWyHill LaneEngineers WinchesterVugmw 22602 ' su&gors Telephone: (540) 662-4185 FLY.- (540) 722-9528 SUB 14-11A ;n 1971 www.greenwayeng.com 1 2185R SHEET 2 5TONE KEY MAP SE�ON �5697 1 B �x 2 INS. ZS N � ILY 5 4 3 137 0� USE RESIDEN 7 6 135 z_\ 9 8 w Zc� 10 w 733 OUTLOT E" 29 SHEU 5 134 136 ry SlYfET ; 140 139 W� sH6 r 148ti 4 �t o ry V 160 147 �� 141 r 2� 142 Qi ti N 'r 159 2 SECTION THREE PHASE 2 158 ki INST.J 100002144 143 i W 145 157 151 1 r r 152 c i 156 j 153 103 102 O r 104 TM.. 55 - ((A))-206 155 106 105 S. F.C. PROPERTIES, L.L.C. L £ VEN INST.1 100002145 154 SECTION THREE • RP ZONE. USE. VACANT P�,1 100 101 107 070011417 108 f �r 109 j 110 r i TM. 55—((A))-206B i2 111 FREDERICK COUNTY SCHOOL BOARD 112 y1 INST J 070019473 ZONE' RP 113 DO "y USE. PUBLIC SCHOOL mUT �,.� 2� 0, 60 61 Ex. WOODROW 57 56 r LYNNEHAVENZ 59 58 SECTION TYPO PHASE I 55 200 0 200 INST/`- c� 46 4040026656 54i � GRAPHIC SCALE (W FFET) ANAL SUBDIVISION PLAT L YNNEHA VEN SECTION THREE - PHASE JA RED BUD MAGISTERIAL DISTRICT — FROERICK COUNTY VIRG/N/A SCALE'.- 1 " = 200' QATE.• DECEMBER 8, 2014 GREENWAY ENGINEERING 151 Windy M Lane Engineers Winchester, Vuginia 22602 Surveyors Telephone: (540) 662-4185 FAX.- (540) 722-9528 qowdk in 1971 www.greenwayeng.com L1C. N0:r1J[/7 c4". 14< A t t fir'0, o \ ' 'j to-P,9 t 1 LOT 128 19323 SO. FT. Z. Aw i LOT / 14931 SO. FT. / WE 2 �v 0. .......... ESMr. ......el c7 r A1EiP o .-,�•.;.'..• SAN SEW. tsar. cf h L TAMM So' Rev SEC110N 3 �\ PHASE 30 50 0 50 GRAPHIC SCALE (IN FEET) NOTE. SEE SHEET .7 FOR CURVE TABLE AND EASEMENT TABLE INFORMATION. 4� ZV2 L YNNEHAVEN """ "F� SECTION THREE -- PHASE 3A RED BUD MAGISTERIAL DISTRICT — FREDERICK COUNTY, VIRGINM S. H SCALE.• f' = 50' DATE. DECEMBER 8, 2014 Lic. 837 GREENWAY ENGINEERING /Z���' �. 151 Windy Hill Lane 0 SEn�gin�eaer" WinchesterVu , gmw 22602 SUR`� " Telephone: (540) 662-4185 FAX. (540) 722-9528 SUB 14-11A F .1971 www.gmenwayeng.com 2185R SHEET 4 OF 7 I R'ELU5TONE SECTION ONE INSTJ 040005697 ZONE.- RP ' USE. R£S ' LOT 8 LOT 7 LOT 6 LOT 5 S 63' 14 58' E 379.00' (TOT.) S 64'37'3i' E 94.00' 80.00' �12 00' 82.00' 25' BRL 25' BRL , 25' BRL LOT 130 I LOT 1J1 I LOT 132 12673 SQ. FT. I W 12000 SQ. FT. 4j 12098 SO. FT_ o , to `� ry (� r l o, SEX. NS20' � I DRAINAGE ESMT. I J ti � 35T.# 100002144' BRL � . _35' BRL. � 35' BRL I "�i I EX. 10' 10' GAS 17.0' 14' WATER & / h! GAS ESM SAN_ SEW. ESMT. I T. ESMT.' 1 _ — — — — ._ — — — — —/ / INST./ 100002144 cjffl o S 63' 14 58' E 139.96' N 63' 14 58' W 139.96' C2 � � pp N EX. 14�` (. MV DR h - � ATER ESMT. 50' RA INST. 100002144 N 63' 14 58' W 139.96' C5 \ R• F SEE SHEET 6 so.R `FN LOT 161 Off. N � 50 0 50 GRAPHIC SCALE (IN FEET) NOTE: SEE SHEET 7 FOR CURVE TABLE AND EASEMENT TABLE INFORMATION. L YNNEHA VEN 1'ln "p y. SECTION THREE - PHASE 3A RED BUD MAGISTERML DISTRICT - FREDERICK COUMY,WRGIN14 ERNES RTHr SCALE.- I" = 50' DATE. DECEMBER 8, 2014 Lic. N . 1837 GREENWAY ENGINEERING t, le,�ry�� 151 Windy Hill Lane Engineers Winchester, Yrginia 22602 URA Surveyors Telephone. (540) 662-4185 FAX.' (540) 722-9528 SUB 14-11A Lunde w 1971 www.greenwayeng.com 2185R SHEET 5 37 2 - EX. RENEE EX. DRAI- NA L��- - - — DR. - i ESMT. 50' RA INST.1 100002144 z OS 56- l '34" W 8623' C.i w 50 00 0 I I�-ES'MT. Y SEWER E 0 I INSTI 100002144 J IN m LOT 161 m, 19330 SO. FT. LOT 132 SEE SHEET 5 0 -7- N w 12 2 BRL � ;\ i `+ �a, 25' .. IL �Ao + 84.29' LOT 1311) 51'15S3" W 0 SEE SHEET 5 �\'� mrn • `cic .SANITARY SEWER Q,\ o+ t ESMT 8 EX. 10' GAS ESMT INSTJ 100002144 I LYNNEHAVEN SECTION THREE—PHASE 2 INST,4 100002144 ZONE. RP +— USE: RES. LOT 160 LOT 159 � w NN- O. F� 0 DRAINAGE ESMT LOT IJO\ SEE SHEET 5 <� so ,p \ C6. LOT 129 SEE SHEET 4 50 0 50 GRAPHIC SCALE / LOT 128 F SEE SHEET 4 (1N EET) / SEC710N 3 PHASE 3B NOTE: SEE SHEET 7 FOR CURVE TABLE AND EASEMENT TABLE INFORMATION. L YNNEHA VEN SECTION THREE - PHASE 3A RED BUD MAGISTERIAL DISTRICT - FREDERICK COUNTY. VIRGIN/A SCALE: 1 " = 50' 1 DATE: DECEMBER 8, 2014 GREENWAY ENGINEERING et--� 151 Windy Hill Lane Engineers Winchester, Vuginia 22602 Surveyors Telephone. (540) 662-4185 FAX (540) 722-9528 gun in 1971 www.gr6enwayeng.com SECTION 3 PHASE 38 SUB 14-11A 2185R SHEET 6 OF 7 0 w CURVETABLE CURVE RADIUS DELTA ANGLE ARC LENGTH TANGENT CHORD BEARING CHORD LENGTH C1 200.00' 65 29'09' 228.59' 128.61' S 84 00 2T W 216.35' C2 250.00' 085321" 38.79' 19.43 N 58-48'18" W 36.75' C3 1525.00' 0037'06" 16.46 8.23' S 55 54'01 " W 16.46' C4 40.00' 11034'12 77.19' 57.74' S 00*55'28` W 65.76' C5 225.00 08'53'21 ` 34.91' 17.49' N 58'48'18` W 34.87' C6 175.00' 6529 09 ` 200.01 ' 112.53' S 84'00'27" W 189.30' C7 225.00' 65'29'09' 257.16' 144.69' N 84'007' E 243.39' C8 275 00' 08'5321 ` 42.66 21.38' S 58'48'18' E 42.62' C9 225.00' 16'44'35' 65.75' 33.11 ' S 84 2l 19' W 65.52' CIO 225.00' 16'4227 65.61 ' 33.04' N 7855'09' W 6538' CI 1 225.00' 07'18'57' 28.73' T 4.38' N 66'5427' W 28.71 ' C12 27500' 10'35'48" 50.86' 25.50' N 57'57'05' W 50.79 C13 275.00' 014227' 8.20' 4.10' N 53'30'24' W 8.19' EASEMENT UNE TABLE LINE BEARING DISTANCE EL 1 N 63' 14'58' W 103.33' EL2 N 83'0542" W 132.52' EL3 S 57' 16'09' W 59.93' EL4 N 83'05'50 W 153.23' EL5 S 57'25'01 W 62.08' L YNNEHAVEN SECTION THREE - PHASE 3A BUD MAGISTERIAL DISTRICT - FREDERICK COUNTY 14RGIN14 E N/A I DATE.• DECEMBER 8, 2014 _ GREENWAY ENGINEERING IWindy Hill Lane Engineers Winchester, ester, Virginia 22602 7 S�Ycrs Telephone. (540) 662-4185 J F'AK (540) 722-9528 in 1971 www.greenwayengcom TH Lic. Ne( 1 I AN i CZ) c.a i vitWINIA: B—MERICK COUiN i r.aLl. This instrument of writing was produced to me on a3-is . at_ and with certificate acknowledgement thereto annexed was admitted to record. Tax imposed by Sec. 58.1-802 at $..,-, aad 58.1-801 have been paid, if assessaMe. `y/ , Clerk �7 BRIEF DESCRIPTION OF PROPERTY: PLAT ATTACHED: PREPARED BY: TAX MAP PARCEL NO: IaRa7:1.Aall OD 0,1110100will114911117��i SECTION THREE — PHASE 3A, LYNNEHAVEN — RED BUD MAGISTERIAL DISTRICT (2.0743 ACRES) PLAT NO.2185R (SHEETS 1 through 7) GREENWAY ENGINEERING, INC. 55-((A))-206 McGuireWoods LLP One James Center 901 East Cary Street Richmond, Virginia 23219 Attention: Matthew P. Rash, Esq. VA Bar No. 68565 THIS DEED OF SUBDIVISION, DEDICATION, EASEMENT, AND SUPPLEMENTARY DECLARATION (the "Deed") is made as of February 10, 2015, by and between CORVAIR WINCHESTER, LLC, a Virginia limited liability company (hereinafter referred to as "Owner"), as rg antor; the BOARD OF SUPERVISORS OF FREDERICK COUNTY, VIRGINIA, a body corporate and politic (hereinafter referred to as "County"), as grantee; the FREDERICK COUNTY SANITATION AUTHORITY, a body corporate and politic (hereinafter referred to as "FCSA"), as grantee; and LYNNEHAVEN HOMEOWNERS ASSOCIATION, INC., a Virginia nonstock corporation formed pursuant to the Virginia Property Owners Association Act (hereinafter referred to as the "Association"), as grantee. RECITALS: A. The Owner is the owner of certain real property (the "Property"), as shown on plat number 2185R, dated December 8, 2014, titled "Final Subdivision Plat, Lynnehaven, Section Three — Phase 3A," and prepared by Greenway Engineering, Inc. of Winchester, Virginia, certified land surveyors (the "Plat") which Plat is attached hereto. 1 B. The Property is situated in Frederick County, Virginia; Owner having acquired the Property by deed recorded in as Instrument Number 140006691, among the land records of Frederick County, Virginia (the "Land Records") C. It is the desire and intent of Owner to subdivide the Property into lots and parcels, and a residue parcel, and to dedicate, grant, and convey for public use, the streets and thoroughfares in accordance with this Deed and the Plat. D. It is the desire and intent of Owner to grant and convey unto the County and unto FCSA, the easements in the locations as shown on the Plat and as hereinafter provided. E. It is the desire and intent of Owner to grant and convey unto the Association, the easements in the locations as shown on the Plat and as hereinafter provided. F. The Owner is the Declarant under the Declaration for Lynnehaven attached to a Deed of Dedication recorded among the Land Records as Instrument Number 030007982, as amended from time to time (the "Declaration"), and has acquired the Declarant rights of the original Declarant from Taylor -Grace, LLC, a Virginia limited liability company, as successor - by -merger to QR Development LLC, and from Richmond American Homes of Virginia, Inc., a Virginia corporation, by virtue of an Assignment of Declarant Rights recorded among the Land Records as Instrument Number 140006981, and from SFC Properties Reinstated, L.L.C., a Virginia limited liability company, by virtue of the quitclaim contained in the Special Warranty Deed recorded among the Land Records as Instrument Number 140006691, thereby becoming the sole Declarant. G. The Owner, as owner of the Property and as Declarant under the Declaration, desires to submit a portion of the Property to the terms and conditions of the Declaration, in accordance with Article XI, Section 8 of the Declaration. 2 H. The Property is subject to the lien of a deed of trust and the Beneficiary of such deed of trust has joined into this Deed to evidence its consent to such dedication. SUBDIVISION NOW THEREFORE WITNESSETH, in consideration of the premises and the sum of One Dollar ($1.00), cash in hand paid, receipt of which is hereby acknowledged, Owner hereby subdivides the Property containing 11.69 acres, into six (6) lots (comprising 2.0743 acres), to be known as Lots 128 through 132, inclusive, and Lot 161, LYNNEHAVEN, Section Three — Phase 3A, together with a residue parcel containing 9.1470 acres, in accordance with the Plat which is expressly incorporated herein and made a part of this Deed. STREET DEDICATION THIS DEED FURTHER WITNESSETH, that in consideration of the premises and the sum of One Dollar ($1.00) cash in hand paid, receipt of which is hereby acknowledged, Owner dedicates to the County the 0.4675 acres for public street purposes as so designated on the Plat. This dedication is made in accordance with the statutes made and provided therefor. STORM DRAINAGE EASEMENTS THIS DEED FURTHER WITNESSETH, that in consideration of the premises and the sum of One Dollar ($1.00), cash in hand paid, receipt of which is hereby acknowledged, Owner grants and conveys unto the Association, its successors and assigns, easements for the purpose of constructing, operating, maintaining, adding to, altering or replacing present or future stormwater management facilities, storm drainage lines, storm sewer lines, or other drainage structures, including building connection lines, plus all necessary inlet structures, manholes, and appurtenances for the collection of storm waters and its transmission through and across the said property of Owner, said easements being more particularly bounded and described on the Plat, subject to the following conditions: 3 1. All sewers, manholes, inlet structures, and appurtenant facilities which are installed in the easements shall be and remain the property of the Association, its successors and assigns. 2. The Association and its agents shall have full and free use of said easements for the purposes named, and shall have all rights and privileges reasonably necessary to the exercise of the easements including the right of access to and from the casements and right to use adjoining land where necessary; provided, however, that this right to use adjoining land shall be exercised only during periods of actual construction or maintenance, and further, this right shall not be construed to allow the Association to erect any building or structure of a permanent nature on such adjoining land. 3. The Association shall have the right to trim, cut, and remove trees, shrubbery, fences, structures, or other obstructions or facilities in or near the casements being conveyed, deemed by it to interfere with the proper and efficient construction, operation, and maintenance of said easements; provided, however, that the Association, at its own expense, shall restore, as nearly as possible, the premises to their original condition Such restoration shall include the backfilling of trenches, the replacement of fences and shrubbery, the reseeding or resodding of lawns or pasture areas, and the replacement of structures and other facilities located outside the easements, but shall not include the replacement of structures, trees, or other facilities located within the easements. 4. Owner reserves the right to construct and maintain roadways over said casements to the extent not prohibited or restricted by ordinance and to make any use of the easements herein granted which may not be inconsistent with the rights herein conveyed, or interfere with the use of said easements by the Association for the purposes named; provided, 11 however, that Owner shall not erect any building or other structure on the casements without obtaining the prior written approval of the County. 5. The rights granted to the Association hereunder may also be exercised by the County, but the County shall have no obligation to exercise any such rights. WATER AND SEWER EASEMENTS THIS DEED FURTHER WITNESSETH, that in consideration of the premises and the sum of One Dollar ($1.00), cash in hand paid, receipt of which is hereby acknowledged, Owner grants and conveys unto FCSA, its successors and assigns with General Warranty of title, the easements as hereafter set forth in the respective locations as shown on the Plat, as follows (the "FCSA Easements"): A. Waterline Easements. Waterline and water meter easements for the purpose of constructing, operating, maintaining, adding to, altering or replacing present or future water mains, including fire hydrants, valves, meters, building service connections, and other appurtenant facilities for the transmission and distribution of water through, upon, and across the property of Owner, said easements being more particularly bounded and described on the Plat. B. Sanitary Sewer Easements. Easements for the purpose of constructing, operating, maintaining, adding to, altering or replacing present or future sanitary sewer lines, including bullding connection lines, sanitary lateral lines, manholes and all other appurtenant facilities necessary for the collection of sanitary sewage and its transmission through and across the property of Owner as shown on the Plat. The foregoing FCSA Easements are perpetual and are for the purposes of constructing, operating, maintaining, adding to, altering or replacing present or future water mains and sanitary sewer lines, including, but not limited to, fire hydrants, valves, meters, building service connections and connection lines, sanitary lateral lines, manholes and other appurtenant facilities 9 for the transmission and distribution of water and the collection of sanitary sewage and its transmission through, upon and across the Property. Said FCSA Easements are more particularly bounded and described on the Plat and include FCSA's right to go on, over and upon said FCSA Easements for the aforesaid purposes. The foregoing FCSA Easements granted to FCSA are subject to the following rights and conditions: 1. All water mains, sewer lines, and appurtenant facilities which are installed in the FCSA Easements shall be and remain the property of FCSA, its successors and assigns. 2. FCSA and its agents shall have full and free use of said FCSA Easements for the purposes named herein, and shall have all rights and privileges reasonably necessary to the exercise of the FCSA Easements. In the event FCSA is unable reasonably to exercise the right of ingress and egress over the FCSA Easements. FCSA shall have the right of ingress and egress over the land of the Owner adjacent to such FCSA Easements in order to access the FCSA Easements; provided, however, that the right to use such adjoining land shall be exercised only during periods of actual construction or maintenance, and further, this right shall not be construed to allow FCSA to erect any building, structure or facilities on such adjoining land. 3. FCSA shall have the right to trim, cut, and remove trees, shrubbery, fences, structures, or other obstructions or Facilities in or near the FCSA Easements being conveyed deemed by FCSA to interfere with the proper and efficient construction, operation, and maintenance of said water mains, sewer lines. and appurtenant facilities; provided, however, that FCSA, at its own expense, shall restore as nearly as possible, to their original condition all land or premises included within or adjoining said FCSA Easements which are disturbed in any manner by the construction, operation, and maintenance of said water mains, sewer lines and 6 appurtenant facilities. Such restoration shall include the backfilling of trenches and the re- seeding of lawns or pasture areas, but shall not include the replacement of structures, trees and other facilities located within the area of the FCSA Easements. 4. Owner shall retain the right to use the Property which is subject to the FCSA Easements conveyed herein in any manner that shall not be inconsistent with the rights herein conveyed to FCSA and that shall not injure or interfere with the use and enjoyment of said rights by FCSA; provided, however. that no building, structure or fence shall be erected over or on the FCSA Easements without obtaining the prior Nyritten approval of FCSA. Owner's right of use shall also include the ability of Owner to convey easements to other utilities as shown on the Plat, provided that no other utility shall be granted the right to use (nor shall use) any part of the area within the FCSA Easements for any purpose that will conflict with FCSA's use thereof, and further provided that any such utilities shall be installed in a manner which shall not be inconsistent with the rights herein conveyed to FCSA nor injure or interfere with the use and enjoyment of the aforcinentioncd rights of FCSA. Other than as shown on the flat, no other utility or party shall be permitted to install any underground facilities or change existing ground elevation or be granted the right to use (nor shall use) any part of the area within the FCSA Easements for any purpose or in any manner until after a review and a finding by the FCSA in writing that such use will not be in conflict with, injurious to, or interfere with the FCSA's use of the Easements for the purposes for which such FCSA Easements are granted herein. In the event a use of any area within the FCSA Easements is approved by FCSA, but requires the relocation and/or the adjustment of the depth of the FCSA's water mains, sewer lines 7 and/or appurtenant facilities, all costs required to accomplish such relocation or adjustment shall be paid by Owner. 5. At such time as any portion of the area(s) within the FCSA Easements is accepted by the Commonwealth of Virginia or any appropriate agency thereof for maintenance into the state highway system, all easement rights acquired by the FCSA by this instrument in such area(s) shall cease and terminate, provided that the Commonwealth of Virginia or any appropriate agency thereof concurrently grants to the FCSA all necessary permits or easements for the continued operation, maintenance, inspection, repair and replacement of its water mains, sewer lines and appurtenant facilities in said location. 6. Owner covenants that it is seized of and has the right to convey said FCSA Easements and related rights and privileges, that the FCSA shall have quiet and peaceable possession, use and enjoyment of the F,ascmcnts and related rights and privileges, and that Owner shall execute such further assur,,inces thereof as may be required. 7. In the event the FCSA notifies Owner (or its successors or assigns, as applicable) of a violation of the terms of these FCSA Fasements and Owner (or its successors or assigns, as applicable) does not cure such violation within thirty (30) days of such notice, the FCSA may take such action as necessary to cure such violation, including ingress and egress over any portion of Owner's (or its successors' or assigns', as applicable) property deemed necessary by the FCSA to access the FCSA Easements or to enforce the FCSA's rights hereunder. All costs and expenses incurred by the FCSA in exercising or enforcing its rights hereunder shall be paid or, at the FCSA's election, reimbursed by Owner (or its successors or assigns, as applicable), within thirty (30) days from the date Owner (or its successors or assigns, as applicable) receives a bill or invoice from the FCSA for such costs and expenses. If such costs 8 and expenses are not paid within the thirty (30) day period referenced in the preceding sentence, all such costs and expenses shall immediately commence bearing interest at the then prevailing judgment rate of interest under the Virginia Code. The FCSA shall have the right to enforce the terms of these FCSA Easements by any remedy available at law or in equity. 8. If the FCSA is adjudicated the prevailing part in any judicial proceeding between the parties regarding enforcement of these FCSA Easements, the FCSA shall be awarded its costs and expenses, including reasonable attorney's fees. 9. FCSA and Owner (or its successors or assigns, as applicable) acknowledge that the agreements and covenants stated herein are covc.,;nts running with the land which are and shall be binding upon Owner to the extent of Own, is interest in the areas represented by the FCSA Easements and are and shall be binding upon the Grantor's successors and assigns, as applicable, to the extent of such successors' and assigns' interest in the areas represented by the FCSA Easements. SUPPLEM F?NTA RY I) V CLARATION THIS DEED FURTHER wI"FNl?SSF,TH, that the Owner, as both owner of the Property and as Declarant pursuant to the Declaration, subjects I,ots 128 through 132, inclusive, and Lot 161, LYNNEHAVEN, Section Three — Phase 3A, to the terms and conditions of the Declaration. MISCELLANFOUS 1. Headings used in this Deed are for convenience purposes only and are not intended to affect the express terms herein set forth. 2. This Deed is made in accordance with the statutes made and provided in such cases, with the approval of the proper authorities of Frederick County, Virginia, as shown by the signatures affixed to the Plat and this Deed, as applicable, and is with the free consent and 9 in accordance with the desire of Owner, as the owner and proprietor of the land depicted on the Plat. 3. The County accepts this Deed, by evidence of its signature on the Plat, for the purpose of accepting responsibility for all maintenance and other obligations assigned to or assumed by the County in connection with the public street dedication, as hereinbefore set forth. 4. FCSA accepts this Deed for the purpose of accepting responsibility for all maintenance and other obligations assigned to or assumed by the Authority in connection with the grants of the easements to the Authority, as hercinbefore set forth. 5. The undersigned Nvarrants that this Deed is made and executed pursuant to authority properly granted by the articles of organization or operating agreement of the Owner. End of Instrument; Signalm-e pages to follow. 10 IN WITNESS WHEREOF, the parties have caused this Deed to be executed under seal. FURTHER WITNESS the following signatures and seals: CORVAIR WINCHESTER, LLC, a Virginia limited liability company By: NVCommercial Real Estate Fund I GP, LLC a Delaware limited liability company, its Manager I3y: (SEAL) Name: Matthew Weber Title: Authorized Member COMMONWEALTH OF VIRGINIA, COUNTY OF FAIRFAX, to wit: I, the undersigned Notary Public, in and for the jurisdiction aforesaid do hereby certify that Matthew Weber, as an Authorized Member of NVCommercial Real Estate Fund I GP, LLC, a Delaware limited liability company, as Manager of Corvair Winchester, LLC, a Virginia limited liability company, whose name is signed to the foregoing Deed, appeared before me and personally acknowledged the same in my jurisdiction aforesaid. GIVEN under my hand and seal this 1Z day of February, 2015. Name: �yy: M Commission expires: My Notary Registration Number is: [SIGNATURE PAGE TO THAT CERTAIN DEED OF SUBDIVISION, DEDICATION, EASEMENT AND SUPPLEMENTARY DECLARATION FOR LYNNEHAVEN, SECTION THREE—PHASE 2] 11 FREDERICK COUNTY SANITATION AUTHORITY By. �> Name: we E. Weindel, PE Title: Engineer -Director COMMONWEALTH OF VIRGINIA, COUNTY OF FREDERICK, to wit: I, the undersigned Notary Public, in and for the jurisdiction aforesaid do hereby certify that Uwe E. Weindel, as Engineer -Director of FREDERICK COUNTY SANITATION AUTHORITY, whose name is signed to the foregoing Deed, appeared before me and personally acknowledged the same in my jurisdiction aforesaid on behalf of the Authority. GIVEN under my hand and seal this _a day of February, 2015. TASHEMA LAVONNE LONG A NOTARY PUBLIC r ' REGISTRATION # 7265287 COMMONWEALTH OF VIRGINIA MY COMMISSION EXPIRES AUGUST 31. 2017 My Commi Sion expires: My Notary Re istration Number is: 12(,0512 [SIGNATURE PAGE TO THAT CERTAIN DEED OF SUBDIVISION, DEDICATION, EASEMENT AND SUPPLEMENTARY DECLARATION FOR LYNNEHAVEN, SECTION THREE—PHASE 2] 12 CONSENT TO DEED OF SUBDIVISION, DEDICATION, EASEMENT AND SUPPLEMENTARY DECLARATION The undersigned beneficiary under that certain Deed of Trust, Assignment of Leases and Rents, Security Agreement and Fixture Filing dated as of August 6, 2014, from Corvair Winchester, LLC, for the benefit of S.F.C. Properties Reinstated, L.L.C., recorded in the Land Records as Instrument Number 140006692 (the "Deed of Trust"), does hereby consent to the foregoing Deed of Subdivision, Dedication, Easement and Supplementary Dedication and subordinates the lien of the Deed of Trust to the street dedication and the easements described in the foregoing instrument. S.F.C. PROPERTIES REINSTATED, L.L.C., a Virginia limited liability company, formerly known as S.F.C. Properties, L.L.C. By: Springfield Management Services, Inc., Manager By: Paul E. Simonson, President gfp��� - nes STATE OF FLORIDA COUNTY OF PALM BEACH I, a Notary Public in and for the jurisdiction aforesaid, do hereby certify that Paul E. Simonson, President of Springfield Management Services, Inc., as an Authorized Member of S.F.C. PROPERTIES REINSTATED, L.L.C., a Virginia limited liability company, personally appeared before me in said jurisdiction and acknowledged the foregoing instrument to be the act and deed thereof, and that by virtue of the authority conferred upon such member, executed and delivered the same as such for the purposes therein contained on behalf of the limited liability company. WITNESS my hand and official seal this 'day of February, 2015. Notary Public My Commission Expires: 'vet , � ? ` D l(a Notary Registration Numbe . LC_ J ,S9 Y y q 64399023_4 ?o ' =-State SE CEVASCOtate of Floridas Jan 28, 2018 EE 159444 13 COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 665-6395 February 23, 2015 Michael Dell'lsola, P.E. Greenway Engineering 151 Windy Hill Lane Winchester, Virginia 22602 RE: Lynnehaven Section III, Phases 3A- Final Plats Property Identification Number 55-A-206 RP (Residential Performance) Zoning District Dear Mr. Dell'lsola: This letter is to confirm that the plats for Lynnehaven Section III, Phase 3A have been approved. This plat allows for six (6) single-family detached lots. The appropriate construction guarantee and deed of dedication have been received. Attached are three (3) copies of the approved plat for your records and distribution. Please return a copy of the recorded plat to this office If you have any questions, please call me at (540) 665-5651. Sincerely, C b, P Mark R. Cheran Zoning & Subdivision Administrator MRC/pd cc: Christopher E. Collins, Red Bud Magisterial District Supervisor Christopher Mohn and Charles Dunlap, Red Bud Magisterial District Commissioners Jane Anderson, Real Estate Commissioner of Revenue Patrick Fly, GIS 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 5 February 23, 2015 Michael Dell'lsola, P.E. Greenway Engineering 151 Windy Hill Lane Winchester, Virginia 22602 RE: Lynnehaven Section III, Phases 3A- Final Plats Property Identification Number 55-A-206 RP (Residential Performance) Zoning District Dear Mr. Dell'lsola: COUNTY of FREDERICK Department of Planning and Development 540/ 665-5651 FAX: 540/ 665-6395 This letter is to confirm that the plats for Lynnehaven Section III, Phase 3A have been approved. This plat allows for six (5) single-family detached lots. The appropriate construction guarantee and deed of dedication have been received. Attached are three (3) copies of the approved plat for your records and distribution. Please return a copy of the recorded plat to this office If you have any questions, please call me at (540) 665-5651. Sincerely, Zoning & Subdivision Administrator MRC/pd cc: Christopher E. Collins, Red Bud Magisterial District Supervisor Christopher Mohn and Charles Dunlap, Red Bud Magisterial District Commissioners Jane Anderson, Real Estate Commissioner of Revenue Patrick Fly, GIS 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 0 GREENWAY ENGINEERING 151 Windy Hill Lane Founded in 1971 Winchester, Virginia 22602 TRANSMITTAL Project Name: Lynnehaven-Section III Phae 3A-Final Subdivision Plat File No: 2185MO Date: Fri, Feb. 13, 2015 To: FC Planning Attn: Mark Cheran Copied Delivery: Fed Ex U.S. Mail Other From: Michael Dell'Isola/dls GREENWAY ENGINEERING Phone: 540-662-4185 Fax: 540-722-9528 ,/ Courier Pick Up Urgent ,t For Your Review / As You Requested / Please Comment Message Mark, Per your request, attached is the following for final approval signature: -Subdivision Application -Plat review fee check for $1,600.00 -Bond establishment fee check for $500.00 _D -Owner signed/notarized "Deed of Subdivision, Dedication, Easement, and Supplementary Declaration" -Letter of Credit DI-W ''A—VO-I5- -3 copies of the "Final Subdivision Plat Lynnehaven Section Three -Phase 3A" Thank you for your assistance. Feel free to contact us with any questions. Hand Delivery and Pick Ups Only: Received by: Date: Please Print Name: D UMC i FEB 1 0 L015 +j_ 1�-......, . ......-.. 4 FREDEHICK COUNTY PLANNING AND DEVELOPMENT Document Approval Form PLEASE REVIEW THE ATTACHED DOCUMENT. IF THIS DOCUMENT MEETS YOUR APPROVAL PLEASE INITIAL AND PROVIDE THE DATE AND TIME OF YOUR APPROVAL. IF THIS DOCUMENT DOES NOT MEET YOUR APPRO VAL, PLEASE PRO VIDE COMMENTS AS TO WHAT YOU WOULD LIKE TO HA VE COMPLETED. Initials Date & Time Candice Mark !� Dave Eric Mike John l � jQao COMMENTS: &�CL ��lq Q l ►�'(�l Received by Clerical Staff (Date & Time): (S:Oiiice on BlackboxTormslDocument Approval Form 07/16/2014) i -k SUBDIVISION APPLICATION FREDERICK COUNTY, VIRGINIA - Office Use Only - Date: `-3 l�J Application #: MDP:yes no If no, has the MDP requirement been waived by the Planning Director?; yes no 1. Applicant: Name: Greenway Engineering, Inc Telephone: 540-662-4185 Address: 151 Windy Hill Lane Winchester, VA 22602 2. Property Owner (if different than above) Name: Corvair Winchester, LLC Telephone: 703-448-4309 Address: 8230 Leesburg Pike, Suite 620 Tysons Corner, VA 22182 3. Please list names of all owners, principals, and/or majority stockholders: Matt Weber 4. Contact person if other than above Name: Michael D. Dell'Isola, PE 5. Name of Proposed Subdivision: 6 Telephone: 540-662-4185 Lynnehaven Section Three Phase 3A 6. Number of Lots: 7. Total Acreage: 2.5418 Acres 8. Property Location: Lynnehaven Drive off of Woodrow Road off of Channing Drive (Give State Route # and name, distance and direction from intersection) E 9. Magisterial District: Red Bud 10. Property Identification Number (P.I.N.): 55-A-206 (Parent Tract) 11. Property zoning and present use: RP -vacant 12. Adjoining property zoning and use: USE ZONING North Single -Family Residential RP East Single -Family Residential RP South Single -Family Residential RP `)`leSt Single -Family Residential RP 13. Has a Master Development Plan been submitted for this project? IIYes _ONo 14. If yes, has the final MDP been approved by the Board of Supervisors? nYes oNo 15. What was the Master Development Plan title? 16. Does the plat contain any changes from the approved MDP? ClYes _ZNo 17. If yes, specify what changes: 18 19 Minimum Lot Size (smallest lot): 12,000 SF Number and types of housing units in this development: 6 single-family detached urban I h ave r ead t he in aterial i ncluded i n t his pa ckage a nd unde rstand w hat i s r equired b y t he Frederick C ounty P lanning De artment. I also understand that all r equired material w ill be complete prior to the s is i o-,-*site plan. Signature: Date: sip 5 10 ' VICINITY MAP f A — 2000' APPf�'0ZS: AREA SUMMARY.- FREDERIC CO. N T/0 U7610RITY DATE AREA IN LOTS: 2.0743 ACRES xs AREA IN R/W.• 0.4675 ACRES FI?EDERICK CO. SU D SION ADMINISTRATOR DATE TOTAL AREA 2.5418 ACRES VA. DEPT. 10F TRANSPORTATION DATE OWNER'S CERTIFICATE - THE ABOVE AND FOREGOING SUBDIVISION OF A PORTION OF THE LAND OF CORVAIR W/NCHESTER, LLC, AS APPEARS ON THIS PLAT, IS WITH THE FREE CONSENT AND IN ACCORDANCE WITH THE DESIRES OF THE UNDERSIGNED OWNERS, PROPRIETORS, AND TRUSTEES IF ANY. FOR. CORVAIR WINCH&5 LC BY. � COMMONWEALTH OF V/RG/N/A CITY / COUNTY OF TO WIT. � •' P THE FOREGOING OWNER'S CERTIFICATE WAS ACKNOWLEDGED BEFORE ME THIS DAY OF 20_&�C_ = w K BY •- 0 ' . v MY COMMISSION EXPIRES /61 20_Z6_. REGISTRWT/ON Ni NOTARY PUBLIC SURVEYOR'S CERTIFICATE I HEREBY CERTIFY THAT THE LAND CONTAINED IN THIS SUBDIVISION IS A PORTION OF THE LAND CONVEYED TO CORVAIR W/NCHESTER, LLC BY DEED DATED AUGUST 6, 2014 OF RECORD IN THE FREDERICK COUNTY CIRCUIT COURT CLERK'S OFFICE AS INSTRUMENT No. 140006691. A CONSTRUCTION BOND /S TO BE POSTED FOR LOT CORNER MONUMENTA71ON OF THIS SUBDIVISION. I FURTHER CERTIFY THAT SHOULD MY SERVICES BE RETAINED FOR THE PURPOSE OF SETTING LOT CORNER MONUMENTS, SAID MONUMENTS WILL BE SET IN ACCORDANCE WITH FREDERICK COUNTY ZONING ORDINANCE SECTION 144-30. ERNEST S. H0LZWVR7W7L.S. DA7E PARENT TAX PARCEL IDENTIFICATION TM. 55—((A))-206 11.6888 ACRES ZONE. RP USE: VACANT FINAL SUBDIVISION PLAT L YNNEHA VEN �p,LTH OF y f SECTION THREE - PHASE 3A r RED BUD MAGISTERIAL DISTRICT — FREDERICK COUNTY WRGIN14 ERNEST . H TH >. SCALE. NIA DATE. DECEMBER 8, 2014 Lic. No. 1837 GREENWAY ENGINEERING 151 Windy Hall Lane Engineers Winchester, Virginia 22602 d SU'R,� Surveyors Telephone: (540) 662-4185 FAX.(540) 722-9528 SUB 14-11A Fo in 1971 www.greenwayeng.com 2185R SHEET 1 OF 7 AREA TABULATION TM. 55-((A))-206 LEGEND BRL = BUILDING RESTRICTION LINE CIL = CENTERLINE R/W = RIGHT OF WAY ' DRAINAGE EASEMENT HEREBY DEDICATED WATER & SANITARY SEWER EASEMENT HEREBY DEDICATED SANITARY SEWER EASEMENT HEREBY DEDICATED 11- 6888 AC. (ORIGINAL) -0.4675 AC. (R/W) -2.0743 AC. (LOTS) (6) 9.1470 AC. RESIDUE (BY SUBTRACTION) PROFFERS 1. A MONETARY CONTRIBUTION OF $'3,378.31 PER LOT SHALL BE PAID TO THE TREASURER OF FREDERICK COUNTY PRIOR TO THE ISSUANCE OF THE INITIAL BUILDING PERMITS FOR EACH LOT. NOTES 1. NO TITLE REPORT FURNISHED. EASEMENTS OTHER THAN SHOWN MAY EXIST. 2. THE PROPERTY SHOWN HEREON LIES ENTIRELY WITHIN ZONE X, AREAS DETERMINED TO BE OUTSIDE THE 0.2X ANNUAL CHANCE FLOOD PLAIN, PER N.F.I.P. FLOOD INSURANCE RATE MAP No. 51069CO240D, DATED SEPTEMBER 2, 2009. J. ALL LOTS ARE SINGLE-FAMILY DETACHED URBAN, RP ZONING, AND MINIMUM LOT SIZE = 12,000 So. FT. MINIMUM LOT WIDTH AT SETBACK = 70' MINIMUM LOT WIDTH AT ROAD R/W = 35' 4. SETBACKS PER FREDERICK COUNTY ZONING ORDINANCE 165-402.09-C: FRONT = 35' FROM ROAD R/W REAR = 25' SIDE = 10' 5. ALL LOTS ARE SUBJECT TO A 20' SLOPE, DRAINAGE, AND U17L17Y EASEMENT ALONG ALL STREET RIGHT-OF-WAY LINES AND A 10' DRAINAGE & U77LlTY EASEMENT ALONG ALL 07HER PROPERTY LINES HEREBY RESERVED. 6. THE BOUNDARY SHOWN HEREON IS BASED ON A SEPTEMBER, 2007 FIELD SURVEY BY 7HIS FIRM AND ON SUBDIKSION PLATS PREPARED BY THIS FIRM AND RECORDED AS INSTRUMENT Nos. 070011417, 070019473 AND 100002144. Z THE SOURCE OR MERIDIAN FOR THE BOUNDARY SHOWN HEREON 1S RECORDED AS INSTRUMENT NO. 030007982 AMONG THE LAND RECORDS OF FREDERICK COUNTY, V/RGIN/A. L YNNEHA V/EN SECTION THREE - PHASE 3A RED BUD MAGIS7ER14L DISTRICT — FREDERICK COUNTY, VIRGIN/A SCALE. 1 " = 50' DATE.• DECEMBER 8, 2014 GREENWAY ENGINEERING 151 Windy Hill Lane Engineers Winchester, Vvginia 22602 Surveyors Telephone: (540) 662-4185 FAX: (540) 722-9528 in 1971 www.greenwayeng.com TH OF LiC. No. i 37 t� �4 o� "*rd SUR..Itl" 7 $TONE KEY MAP SE 11040005697 05 97 1 B � X INST• ZONE UR FAMILY 4 3 2 c� 137 z USE: RESIpENTIAI- 7 6 5 135 Z 8 10 9 0 SHE 133 OUTLOT "E" 1 w sHEEr SHEET 5 134 136 0 MR SHEET 5 5 N SHEET 4 4ti 138 140 v o ry P` 1�i yc�y 139 h ^ Q. z ry SHEET 148 % & k ,O 4� W= N v 160 147 141 4i � W i W W ti t i t� �� 159 SECT ON THREE 142 O v 0 4i o� i S PHASE 2 J 158 INST. 100002144 143 W i' 157 151 145 144 '� Z 152 G i 156 O ii 153 104 103 102 TM. 55-((A))-206 155 106 105 h S.F.C. PROPER71ES, L.L.C. RP INST.J 100002145 ZONE.154 SECTIONHTHREE • USE. VACANT PHASE NST. 1 100 101 107 070011417 4 108 109 OJ�� 110 JP• = i i TM. 55-((A))-2068 V i 111 P� FREDERICK COUNTY �� SCHOOL BOARD 112 y� INST.J 070019473 1 113 0��0 ys�o ZONE: RP USE.- PUBLIC SCHOOL OUT �` �.•� •.��. O � o _ 60 61 EX. WOODROW • �� 57 56 LYNNEHAVEN 2 59 58 SEC770 N TWO Z� PHASE jig 55 '�y INSTI. 46 040026656 54 47 ,\ GRAPHIC SCALE )0 L YNNEHA VEN p,LTH pay, SECTION THREE - PHASE 3A G r RED BUD MAGISTERIAL DISTRICT - FREDERICK COUNTY WRGIN44 V S. SCALE.- 1 = 200 DATE' DECEMBER 8, 2014 N SLicNo. 1 37 GREENWAY ENGINEERING 4. ej:�N 151 Windy Hill Lane �O Su Engineers Winchester, Virginia 22602 SUR, ' Telephone. (540) 662-4185 FAX. (540) 722-9528 SUB 14-11A o in 1971 www.greenwayeng.com 91R40 cur- T 7 nc nor Otis oy�olF p /o \ �E69eoll- ti LOT 128 19323 SO. FT. \ ��- Z• LOT 129 14931 SO. FT. � to c� oy 7/5o p� h 10' GAS ''Y.rl 14' WATER do • wry ESMT. C7 :... .......::: SAN. SEW. ESMT. a LMW"MV DER 50' R/IN ' C6 � o SECTION 3 \ PHASE 3B 50 0 50 GRAPHIC SCALE (IN FEET) NOTE:• SEE SHEET 7 FOR CURVE TABLE AND EASEMENT TABLE INFORMATION. FINAL SUBDIVISION PLAT L YNNEHA VEN SECTION THREE - PHASE 3A ' RED BUD MAGISTERIAL DISTRICT - FREDERICK COUNTY VIRG/NIA SCALE.• 1 = 50 DATE.- DECEMBER 8, 2014 GREENWAY ENGINEERING 151 Windy Hill Lane Engineers Winchester, Vrrginia 22602 Surveyors Telephone: (540) 662-4185 FAX. (540) 722-9528 Found in 1971 www.greenwayeng.com 21, TH O 'RNEM., H� We! Lic. No. 1.837 i SUR SUB 14-11A LOT 8 S 63'1458" E 0 94.00' I 25' BRL LOT 130 z 12673 SQ. f- V4 1 Q � rn� I FIELDSTONE SECTION ONE INST 1040005697 -- cvivc: rsr i USE.• RES. ' LOT 7 LOT 6 LOT 5 379.00' (TOT.) S 64'37'31 " E FT. (W R p I� A �wI0 N 12 I 35' BRL 10' rMS 17.0' ESMT. 80.00' 25' BRL I 12.00' 82.00 FT ( ta' mlo 0 i oNAI IZ I _35' BRL J 14' WATER & _ _ SAN_ SEW. ESMT._ LOT 131 12000 SQ. CT S 63' 14'58" E 139.96' iri +I N N 63' 14'58" W 139.96' �i LMY" N9V DR 50' R/W —� N 63'14'58" W 139.96' 50 0 50 GRAPHIC SCALE (IN FEET) 25' BRL LOT 132 12098 SQ. FT. C) EX. 20 / o /DRAINAGE ESMT. 35' BRL J� lAkf 100002144 "---/ EX. 10' / GAS ESMT �O C8 SEE SHEET 6 LOT 161 /= INST. 100002144 O16N lC133 p N EX. 14\ ATER ESMT. ,n INST. 100002144 cl FOR yNN� so. NOTE.• SEE SHEET 7 FOR CURVE TABLE AND EASEMENT TABLE INFORMATION. L YNNEHA VEN SECTION THREE — PHASE 3A RED BUD MAGISTERIAL DISTRICT — FREDERICK COUNTY, WRGIN14 SCALE. 1 " = 50' DATE.- DECEMBER 8, 2014 GREENWAY ENGINEERING 151 Windy Hill Lane Engineers Winchester, Virginia 22602 Surveyors Telephone. (540) 662-4185 FAX (540) 722-9528 in 1971 www.greenwayeng.com F21 TH q Lic. Nd. 1837 URV& 5 a I FIELDSTONE SECTION ONE INST 1040005697 -- cvivc: rsr i USE.• RES. ' LOT 7 LOT 6 LOT 5 379.00' (TOT.) S 64'37'31 " E FT. (W R p I� A �wI0 N 12 I 35' BRL 10' rMS 17.0' ESMT. 80.00' 25' BRL I 12.00' 82.00 FT ( ta' mlo 0 i oNAI IZ I _35' BRL J 14' WATER & _ _ SAN_ SEW. ESMT._ LOT 131 12000 SQ. CT S 63' 14'58" E 139.96' iri +I N N 63' 14'58" W 139.96' �i LMY" N9V DR 50' R/W —� N 63'14'58" W 139.96' 50 0 50 GRAPHIC SCALE (IN FEET) 25' BRL LOT 132 12098 SQ. FT. C) EX. 20 / o /DRAINAGE ESMT. 35' BRL J� lAkf 100002144 "---/ EX. 10' / GAS ESMT �O C8 SEE SHEET 6 LOT 161 /= INST. 100002144 O16N lC133 p N EX. 14\ ATER ESMT. ,n INST. 100002144 cl FOR yNN� so. NOTE.• SEE SHEET 7 FOR CURVE TABLE AND EASEMENT TABLE INFORMATION. L YNNEHA VEN SECTION THREE — PHASE 3A RED BUD MAGISTERIAL DISTRICT — FREDERICK COUNTY, WRGIN14 SCALE. 1 " = 50' DATE.- DECEMBER 8, 2014 GREENWAY ENGINEERING 151 Windy Hill Lane Engineers Winchester, Virginia 22602 Surveyors Telephone. (540) 662-4185 FAX (540) 722-9528 in 1971 www.greenwayeng.com F21 TH q Lic. Nd. 1837 URV& 5 a 1 W EX. RENEE OR. EX. DRA/NAG ESMT. 50 R,1 W - - 2 Q' NST. 100002144E 56.12 34 " W 86.23' C3 . S 3-� 0o5.38'72 o I / Imo- 35' BRL — LOT 132 SEE SHEET 5 LOT 131 SEE SHEET 5 I I SEWER ESMT. Y 13 cni� I INST./ 100002144 I N LOT 161, 7-Flo � 19330 SO. FT. \� I� z 2 `— EX. 10' GAS ESMT. INST.I 100002144 z Ns cs+� 25' BRL a+ °'• 84.29' S51'15'53"W SANITARY SEWER Esur Nw : LOT 130 SEE SHEET 5 LOT 129 SEE SHEET 4 50 0 50 GRAPHIC SCALE LOT 128 (IN FEET) SEE SHEET 4 LYNNEHAVEN SECTION THREE—PHASE 2 INST.J IWW2144 ZONE RP USE- RES. —� LOT 160 LOT 159 DRAINAGE ESMT. O rye. SECTION 3 PHASE 3B NOTE:• SEE SHEET 7 FOR CURVE TABLE AND EASEMENT TABLE INFORMATION. L YNNEHA VEN SECTION THREE - PHASE 3A RED BUD MAGISTERIAL DISTRICT - fREDERICK COUNTY VIRG/N/A SCALE.• 1 " = 50' DATE.• DECEMBER 8. 2014 GREENWAY ENGINEERING \ 151 Windy Hill Lane �L Engineers Winchester, Virginia 22602 J Surveyors Telephone. (540) 662-4185 FAX (540) 722-9528 in 1971 www.greenwayeng.com SECTION 3 PHASE 38 SUB 14-11A 15R SHEET 6 OF 7 CURVE TABLE CURVE RADIUS DELTA ANGLE ARC LENGTH TANGENT CHORD BEARING CHORD LENGTH C 1 200.00' 6529'09 0 228.59' 128.6 1' S 84'00'27" W 216.35' C2 250.00' 08'53'21 " 38.79' 19.43' N 58'48' 18" W 38.75' C3 1525.00" 00'37'06" 16.46' 8.23' S 55'54'01 " W 16.46' C4 40.00' 110'34'12" 77.19' 57.74' S 00'5528" W 65.76' C5 225.00' 08'53'21 " 34.91' 17.49' N 5848'18" W 34.87' C6 175.00' 6529'09" 200.01 ' 112.53' S 84'00'27" W 189.30' C7 225.00' 6529'09" 25Z 16' 144.69' N 84'00'27" E 243.39' C8 275.00' 08'53'21 " 42.66' 21.38' S 5848'18" E 42.62' C9 225.00' 16'44'35" 65.75' 33. 11' S 84"21 '19" W 65.52' C 10 225.00' 16'4227" 65.61 ' 33.04' N 7855'09" W 65.38' C 11 225.00" 0718'57" 28. 73' 14.38' N 66'5427" W 28. 71 ' C 12 275.00' 10'35'48" 50.86' 25.50' N 57'57'05" W 50.79' C13 1 275.00' 0104227" 8.20' 4.10' N 53'30'24" W 8.19' EASEMENT LINE TABLE LINE BEARING DISTANCE EL 1 N 63' 14'S8" W 103.33' EL2 N 83'05'42" W 132.52' EL3 S 5716'09" W 59.93' EL4 N 83'05'50" W 153.23' EL5 S 57'25'01 " W 62.08, L YNNEHA VEN SECTION THREE - PHASE 3A RED BUD MAGISTERIAL DISTRICT - FREDERICK COUNTY, VIRGINIA SCALE. N/A I DATE. DECEMBER 8, 2014 GREENWAY ENGINEERING 151 Windy Hill Lane Engineers Winchester, Virginia 22602 Surveyors Telephone: (540) 662-4185 FAX. (540) 722-9528 in 1971 www.greenwayeng.com TH OF Lic. Nd 1 37 � 4 � ly � _ Ro�'o� Lynnehaven Section III Phase 4 Final Plats VICINITY MAP 1" = 2000' SITE C i ECOM 'O N Il9F MDW Y APPI ALS• AREA SUMMARY: AREA IN LOTS'.• 5.0194 ACRES FREDE T CO. 770N UTH /7Y DATE ' AREA IN R/W.• 0.8553 ACRES FREDERICK CO. SUBDIVISION ADMINISTRATOR DATE TOTAL AREA: 5.8747 ACRES VA. DEPT. OF TRANSPORTATION DATE OWNER'S CERTIFICATE. - THE ABOVE AND FOREGOING SUBDIVISION OF A PORTION OF THE LAND OF CORVAIR WINCHESTER, LLC, AS APPEARS ON THIS PLAT, IS WITH THE FREE CONSENT. AND IN ACCORDANCE WITH THE DESIRES OF THE UNDERSIGNED OWNERS, PROPRIETORS, AND TRUSTEES IF ANY. FOR: CORVAIR WlNC TER L BY. - COMMONWEALTH OF VIRGINIA CITY / OUN OFG _ TO WIT. 4`�•••.., THE FOREGOING OWNER'S CERTIFICATE WAS ACKNOWLEDGED .'r�ypLt H ' ` • �� BEFORE ME THIS M DAY OF �r Pr s xYLv 20 i�L a d ? a BYE, n;' . ..., N,�P MY COMMISSION EXPIRES 20D1( REGISTRATION No. NOTARY PUBLIC SURVEYOR'S CERTIFICATE.' I HEREBY CERTIFY THAT THE LAND CONTAINED IN THIS SUBDIVISION IS A PORTION OF THE LAND CONVEYED TO CORVAIR WINCHESTER, LLC BY DEED DATED AUGUST 6, 2014 OF RECORD IN THE FREDERICK COUNTY CIRCUIT COURT CLERK'S OFFICE AS INSTRUMENT No. 140006691. A CONSTRUCTION BOND IS TO BE POSTED FOR LOT CORNER MONUMENTAT70N OF THIS SUBDIVISION. I FURTHER CER7FY THAT SHOULD MY SERVICES BE RETAINED FOR THE PURPOSE OF SETTING LOT CORNER MONUMENTS SAID MONUMENTS WILL BE SET IN ACCORDANCE WITH FREDERICK COUNTY ZONING ORDINANCE SECTION 144-30. ERNEST S. HOLZWO L.S. DATE PARENT TAX PARCEL IDENTIFICATION TM. 55—((A))-206 5.8747 ACRES ZONE: RP USE: VACANT FINAL SUBDIVISION PLAT L YNNEHA VEN ��L�H OFyf�� SECTION THREE - PHASE 4 RED BUD MAGISTERML DISTRICT - FREDERICK COUNTY WRGINIA ERNEST S. LZWORTH Lic. No. 1837 SCALE, NIA DATE.SEPTEMBER 8, 2014 GREENWAY ENGINEERING 151 Windy Hill Lane Engineers Winchester, Vrginia 22602 Surveyors +Foumlim SURF Telephone: (540) 662-4185 SUB 14-12 FAX: (540) 722-9528 www.greenwayeng.com 2185R SHEET 7 OF 10 AREA TABULATION TM. 55-((A))-206 EL GEND BRL = BUILDING RESTRICTION LINE C/L = CENTERLINE R/W = RIGHT OF WAY DRAINAGE EASEMENT HEREBY DEDICATED WATER & SANITARY SEWER EASEMENT HEREBY DEDICATED ® SANITARY SEWER EASEMENT HEREBY DEDICATED 5.8747 AC. (ORIGINAL) -0.8553 AC. (R/W) -5.0194 AC. (LOTS) NO RESIDUE (BY SUBTRACTION) PROFFERS 1. A MONETARY CONTRIBUTION OF $3,378.31 PER LOT SHALL BE PAID TO THE TREASURER OF FREDERICK COUNTY PRIOR TO THE ISSUANCE OF THE INITIAL BUILDING PERMITS FOR EACH LOT. NOTES 1. NO T17LE REPORT FURNISHED. EASEMENTS OTHER THAN SHOWN MAY EXIST. 2. THE PROPERTY SHOWN HEREON LIES ENTIRELY WITHIN ZONE X, AREAS DETERMINED TO BE OUTSIDE THE 0.2Z ANNUAL CHANCE FLOOD PLAIN, PER N.F:LP. FLOOD INSURANCE RATE MAP No. 51069CO24OD, DATED SEPTEMBER 2, 2009. J. ALL 16 LOTS ARE SINGLE --FAMILY DETACHED URBAN, RP ZONING, AND MINIMUM LOT SIZE = 12,000 SO. FT. M/NIMUM LOT WIDTH AT SETBACK = 70' MINIMUM LOT WIDTH AT ROAD R/W = 35' 4. SETBACKS PER FREDERICK COUNTY ZONING ORDINANCE 165-402.09-C. FRONT = 35' FROM ROAD R/W REAR = 25' SIDE = 10' EXCEPT PIPESTEM LOT 170-SET5ACKS PER FREDERICK COUNTY ORDINANCE 165-40209-P.- FRONT, SIDE & REAR = 20' ACCESSORY BUILDINGS = 20' SIDE YARD OF LOTS ADJOINING PIPESTEM DRIVEWAY = 15' .5. ALL LOTS ARE SUBJECT TO A 20' SLOPE, DRAINAGE, AND U77LITY EASEMENT ALONG ALL STREET RIGHT-OF-WAY LINES AND A 10' DRAINAGE & UTILITY EASEMENT ALONG ALL OTHER PROPERTY LINES HEREBY RESERVED. 6. THE BOUNDARY SHOWN HEREON IS BASED ON A SEPTEMBER, 2007 nELD SURVEY BY. THIS FIRM AND ON SUBDIVISION PLATS PREPARED BY' THIS FIRM AND RECORDED AS INSTRUMENT Nos. 070011417, 070019473 AND 100002144. Z THE SOURCE OR MERIDIAN FOR THE BOUNDARY SHOWN HEREON IS RECORDED AS INSTRUMENT NO. 030007982 AMONG THE LAND RECORDS OF FREDERICK COUNTY, VIRGINIA, FINAL SUBDIVISION PLAT L YNNEHA VEN �ALTH OF yr�� SECTION THREE -- PHASE 4 RED BUD MAGISTERIAL DISTRICT - FREDERICK COUNTY, VIRGINIA NEST . H 1H y SCALE. N/A I DATE. SEPTEMBER 8, 2014 Lic. N .1837 GREENWAY ENGINEERING 9��y 151 Windy Hill Lane `Qtir Engineers Winchester, Virginia 22602 SUB Surveyors Telephone. (540) 662-4185 FAX: (540) 722-9528 SUB 14-12 Founde i in 1971 www.greenwayeng.com I 2185R SHEET 2 OF 1 jaw KEY MAP t.DSTONE B FIELD I LD ON 697 1 — 5E p4p005 2 INST' ZONE' RP FAMILY 4 3 r� 5 137 USE. R15 DE TIAL 7 6 135 z_ 8 � 132 3 OUTLOT '£" ti 10 9 130 131 13 136 129 134 0 / N 128 DRIVE EX �y�N 138 140 W o p PROPOSED LYNNEHAVEN 161 Fyy` 139 N g ry Q SECTION 148 Q v 126 THREE PHASE 3 160 147 z 141 v 163 W LYNNEHAVEN 142 159 164 SECTION THREE m W J � 124 2 158 PHASE 2 W INST;f 100002144 143 c3 0 123 ? 165 145 144 157 166 We 152 J51 156 167 153 104 1103 102 O �0 LYNNEHAVEN 168 155 106 SECTION THREE PHASE 1 INST.# 169 154 070011417 101 119 y 100 to7 118 s 171 �o 108 117 172 - J 109 °j 173 110 �JP' TAN: 55-((A))-2066 11l 112 0 113 �000� FREDERICK COUNTY SCHOOL BOARD WCT J 070019473 ZONE: RP PUBLIC SCHOOL '11 60 61 EX. WOODROW 57 56 <Z LYNNEHAVEN 2 59 58 SECTION TWO 55 ZOO D 200 PHASE 1B 46 04002JNST 656 47 54 GRAPHIC SALE FINAL SUBDIVISION PLAT LYNNEHAVEN SECTION THREE -- PHASE 4 RED BUD MAGISTERIAL DISTRICT - FREDERICK COUNTY, VIRGINIA SCALE. • 1 " = 200' 1 DATE. SEPTEMBER 8, 2014 GREENWAY ENGINEERING 151 Windy Hill Lane Engineers Winchester, Virginia 22602 Surveyors Telephone: (540) 662-4185 FAX•(540) 722-9528 ,bunde J in 1971 www.greenwayeng.com r ERNEST S.�$tZWO, 11837 ORTH y LiC. q SUR.V SUB 14-12 85R LOT 117 SEE SHEET 5 N 38'44'07' W ti^ 3 _ 150.00'10' SRL as w o LOT 116 13104 SO. FT. ln, ViI 10' BRt r 1:>a r N 45'33744' W #..;. 25 0 , 0 154. f i r , •_�::. F - ` i0' BRLLn LOT 115 14433 SO. FT r-1 0 0 10 in w:;: a o 55 33 25 i '1 i�o ✓ N 1�5.7� m o�i Uj 10 B\ W LOT 114 r-�\' j 16507 SO. FT. rn i - m gR 65 5310a _ 10'BRL 45 00' . 0 o R 541 EX. 14' WATER ESMT. N 38'44'07' W\ OUTLOT D' � INST.� 040026656 LOT 60 LYNNEHAVEN o LOT 61 SECTION TWO—PHASE 1B 'I INSTI:- 040026656 ZONE- RP USE RESIDENTIAL iys�F,Q� 4 yo y�.41 50 0 50 GRAPHIC SCALE (IN FEET) NOTE: SEE SHEET 10 FOR CURVE TABLE INFORMATION. FINAL SUBDIVISION PLAT L YNNEHA VEN SECTION THREE - PHASE 4 I1LLJ UViI IYIHVIJILMf1L I/I1.)IM1L1 — rl{LLIZ[Af4R uvulYI / YIIAVIIYIH SCALE. • 1 " = 50' DATE SEPTEMBER 8, 2014 GREENWAY ENGINEERING 151 Windy Hill Lane Engineers Winchester, Virginia 22602 Surveyors Telephone. (540) 662-4185 FAX- (540) 722-9528 oundf i in 1971 www.greenwayeng.com pro 0� is 1 &Nvui �FG KRNS S. OR' Lic. 0. 1837 SUB 14-12 2185R SHEET 4 LOT 120 �n SEE SHEET 6 o N 38 44 07' W I : {.0 10' BRL W I jm o I LOT 119 13 12000 S0. f7 I ^ • I >`-; 10' BRL 0 o N 38'44'07' W p W La ^ $ I m LOT 118 m I I o g 12000 SO. Fr. (n o z co Q: N _ 25.0' C� O te W 10' BRL W N 4r o o N 3844 07' W -3 — 150.00, 0 2 I 10, BRL I '' LOT 117 $ 12000 SO. FT. I I a' I 10' BRL N 38 44 07' W J j 150.00' 17.0' I SEE SHEET 4 LOT 116 _ U 50 0 50 GRAPHIC SCALE (IN FEET) NOTE SEE SHEET 10 FOR CURVE TABLE INFORMATION. FINAL SUBDIVISION PLAT L YNNEHA VEN SECTION THREE -- PHASE 4 ALTH pF�r�� RED BUD MAGISTERIAL DISTRICT — FREDERICK COUNTY V/RGINIA ERNEST S. TH a Lic. N .1837 l�r 9 d SURV�' SCALE: 1 " = 50' DATE: SEPTEMBER S, 2014 GREENWAY ENGINEERING 151 Windy Hill Lane Surveyors ors Winchester, Yuginia 22602 Telephone. (540) 662-4185 +Foundin SUB 14-12 FAX- (540) 722-9528 2185R SHEET 5 OF 10 www.greenwayeng.com M IFill 0 PROPOSED LYNNEHAVEN SECTION THREE-PHASE 3 o Z LOT 123 0 o rn PROPOSED 10' GAS EWT. o (WITH PHASE 3) - i I o a S 3844'07' E 150.00' r 10' BRL — I > >:os 38'44'07' Eo 50 00' �, I �I `:.'•::::: LOT 167 $ I m LOT 122 m 25.0 SEE SHEET 7 12000 SO. FT o IN MI':1 _10' BRL _ J o N 38'44'07' W ^N -a 150.00' 17.0' 10' BRL ti pi $ LOT 121 I I {o o I ' < I 1200o so. Fr. m ZZao 10' BRL I..f... J W^ N 3814_07' W 2 J _ 150.00_ a r 10' BRL o l m LOT 120 12000 SO. FT.Lw o^ 10' BRL O N 38'44 07" W 150.00' SEE SHEET 5 LOT 119 Z �n 50 0 50 GRAPHIC SCALE (IN FEET) NOTE- SEE SHEET 10 FOR CURVE TABLE INFORMATION. FINAL SUBDIVISION PLAT L YNNEHA VEN SECTION THREE - PHASE 4 RED BUD MAGISTERIAL DISTRICT - FREDERICK COUNTY, VIRGINIA SCALE: 1 " = 50' DATE. SEPTEMBER 8, 2014 GREENWAY ENGINEERING 151 Windy Hill Lane ,Engineers Winchester, Virginia 22602 Surveyors Telephone: (540) 662-4185 FAX.- (540) 722-9528 Founde I in 1971 www.greenwayeng.com of WESr�ml 0�1�FI a LiC.7 11ly"4j OF ,s. PROPOSED LYNNEHAVEN I O O SEC77ON THREE—PHASE 3' O 2Q LOT 123 LOT 122 S 38'44'07" E SEE SHEET 6 s—Tn 25.0' 50 0 50 GRAPHIC SCALE (IN FEET) 11 PROPOSED LYNNEHAVEN SECTION THREE—PHASE 3 LOT 166 I o g S 38'44'07" E U) n 150.00' o m ry Z T _ 10, BRL 1 o Z nz �'-2 LOT 167 �� o orq g�a 12000 SO. FT L _ 10' BRL �' S 38'4407' E w 0 150.00' _ _ 10' BRL 1 �s s LOT 168 c ao 12000 SQ. FT. o 10' BRL S 3844'07" E 150,00' o r O LOT 169 12750 SO. FT. f o SEE SHEET 8 LOT 170 _ 15' BRL _ S 3844 07" E 150 00' SEE SHEET 9 LOT 171 �r oho Duo .10 NOTE: SEE SHEET 10 FOR CURVE TABLE INFORMATION. FINAL SUBDIVISION PLAT L YNNEHA VEN �ALTH SECTION THREE - PHASE 4 RED BUD MAGISTERIAL DISTRICT — FREDERICK COUNTY, VIRGINIA ER E T S. WORTH a SCALE.- 1 " = 50' DATE.- SEPTEMBER 8, 2014 Lic. 0. 1837 GREENWAY ENGINEERING 151 Windy Hill Lane Sugvin o s Winchester, Virginia 22602 URN�' Telephone: (540) 662-4185 FAX.- (540) 722-9528 SUB 14— 12 Four1 in 1971 www.greenwayeng.com 2185R SHEET 7 OF 10 I I 0 Ll o. o o \ a LOT 170 o —o 0 25706 SO. FT. 1� 0� O � o� 50 0 50 GRAPHIC SCALE NOTE- SEE SHEET 10 FOR CURVE TABLE INFORMATION. (IN FEET) FINAL SUBDIVISION PLAT L YNNEHA VEN p,LTH pk� SECTION THREE - PHASE 4 RED BUD MAGISTERIAL DISTRICT — FREDERICK COUNTY VIRGINIA ER S. R 5: SCALE.- 1 " = 50' DATE.- SEPTEMBER 8, 2014 LIC. No 1537 GREENWAY ENGINEERING �y �. 151 Windy Hill Lane Suro s Winchester, Virginia 22602 sup"q ' e1 Telephone: (540) 662-4185 F13X.• (540) 722-9528 SUB 14-12 FoundeU in 1971 www.greenwayeng.com 2185R SHEET 8 OF 10 LOT 169 SEE SHEET 7 S 3844107" E 150.00' S JT44.07' E 150.00' 14' SANITARY SEWER ESMT. SEE SHEET 9 LOT 171 LOT 169 0 SEE SHEET 7 — S 38'44 07' E 150.00' LOT 170 15' BRL SEE SHEET 8 6 LOT 171 U� 12750 SO. FT. y y _ 10' BRL 5 3844'07' E w 150.00' C 10' BRL �0ry 0� ��- L 0 T 172 M � �• 12000 SO. FT.so o �L _10' BRL _ I Z 1 ` i 0 ,\ 7t a SEE SHEET 4 LOT 114 \ S 38'44 07=C), o �0 149.69' < LOT 1 73 15393 SQ. FT A) 16 IQ �✓ EX. 20' DRAINAGE ESMT. / lNST.# 070611417 / ,�j YNNEHAVEN SEC3—PH1) 0� EX. SANITARY SEWER �\ ESMT INST.# 070011417 (LYNNEHAVEN SEC3—PH 1) 1,01 y k95k p0. O �k Q OuTLOT LOT 60 LYNNEHAVEN 71 SECTION TWO—PHASE 1 B o?c^2 60 0 60 INSTJ. 040026656 ZONE. • RP�y GR PHIC SCALE USE. RESIDEN7L4L o� (IN FEET) NOTE: SEE SHEET 10 FOR CURVE TABLE INFORMATION. FINAL SUBDIVISION PLAT L YNNEHA VEN SECTION THREE - PHASE 4 TH OF yf� RED BUD MAGISTERIAL DISTRICT — FREDERICK COUNTY, V/RGINIA rj ERNEST S WORTH a Lic. No. 1837 URA' SCALE: 1 " = 60' DATE. SEPTEMBER 8, 2014 GREENWAY ENGINEERING 151 Windy Hill Lune Engineers Winchester, Virginia 22602 Surveyors Telephone: (540) 662-4185 FAX: (540) 722-9528 +Found,-im SUB 14--12 1 2185R SHEET 9 OF 10 www.greenwayeng.com iir ,1. CURVE TABLE c,n CURVE RADIUS DELTA ANGLE ARC LENGTH TANGENT CHORD BEARING CHORD LENG C 1 400.00 36'05'47 252.00' 130.34' S 33' 12'59' W 247.85' C2 425.00 36'05'47 267.75' 138.49' N 33' 12'59 E 2035' C3 375.00' 36'0 47' 236.25' 122.19' S 33'12'59' W 232.36' C4 425.00' 08'5644' 66.36' 33.25' N 1938'28' E 66.29' CS 1 425.00 10'19 46' 76.62' 38.4V S 29'16'43' W 76.52' C6 425.00' 095941' 74.14' 37.16' S 392626' W 74.04' C7 425.00' 06'4937' 50.64' 25.35' S 47'51 05' W 50.61 ' C8 375.00 19'45 36" 129.33' 65.31 ' N 4123 05' f 128.69' C9 375.5 16'20'11 ' ]06.92' 53.83' S 23 20'11 W 106.56' FINAL SUBDIVISION PLAT LYNNEHAVEN SECTION THREE - PHASE 4 RED BUD MAGISTERIAL D1SIR/CT — FREDERICK COUNTY VIRG/NIA O NEST S. y Uc. No. 1837 SCALE. N/A I WE: SEMEMBER 8, 2014 GREENWAY ENGINEERING 151 1undy BID Lane Su Engineers Winchester, Vugcnna 22602 Surveyors Telephone. (540) 662-4185 SUB 14-12 FAX (540) 722-9528 I 2185R SHEET 1 D OF 10 FoundA in 1971 www.greenwayeng.com :ylRt�AA � iC�il+llY7�'.�5 _ ttwd wilt cente�i¢ st mcl nr1,*ement thereto wmxed MasadmWmdf MaKmd.Tax snip ed by Sec. 58.1-802 of s ,a"11A.I. S01 have been paid, if assessable. CIltalt C=) BRIEF DESCRIPTION SECTION THREE — PHASE 4, LYNNEHAVEN OF PROPERTY: -- RED BUD MAGISTERIAL DISTRICT (5.8747 ACRES) PLAT ATTACHED: PLAT NO.218SR (SHEETS 1 through 10) PREPARED BY: GREENWAY ENGINEERING, INC. TAX MAP PARCEL NO: 55-((A))-206 PREPARED BY AND RETURN TO: McGuireWoods LLP One James Center 901 East Cary Street Richmond, Virginia 23219 Attention: Matthew P. Rash, Esq. VA Bar No. 68565 THIS DEED OF SUBDIVISION, DEDICATION, EASEMENT, AND SUPPLEMENTARY DECLARATION (the "Deed") is made as of March 2015, by and between CORVAIR WINCHESTER. LLC, a Virginia limited liability company (hereinafter referred to as "Owner"), as grantor; the BOARD OF SUPERVISORS OF FREDERICK COUNTY. VIRGINIA, a body corporate and politic (hereinafter referred to as "County"), as rg antee; the FREDERICK COUNTY SANITATION AUTHORITY, a body corporate and politic (hereinafter referred to as "FCSA"), as grantee; and LYNNEHAVEN HOMEOWNERS ASSOCIATION, INC., a Virginia nonstock corporation formed pursuant to the Virginia Property Owners Association Act (hereinafter referred to as the "Association"), as grantee. RECITALS: A. The Owner is the owner of certain real property (the "Property"), as shown on plat number 2185R, dated December 8, 2014, titled "Final Subdivision Plat, Lynnehaven, Section Three — Phase 4," and prepared by Greenway Engineering, Inc. of Winchester, Virginia, certified land surveyors (the "Plat") which Plat is attached hereto. 1 0 w B. The Property is situated in Frederick County, Virginia; Owner having acquired the Property by deed recorded in as Instrument Number 140006691, among the land records of Frederick County, Virginia (the "Land Records") C. It is the desire and intent of Owner to subdivide the Property into lots and parcels, and a residue parcel, and to dedicate, grant, and convey for public use, the streets and thoroughfares in accordance with this Deed and the Plat. D. I It is the desire and intent of Owner to grant and convey unto the County and unto FCSA, the easements in the locations as shown on the Plat and as hereinafter provided. E. It is the desire and intent of Owner to grant and convey unto the Association, the easements in the locations as shown on the Plat and as hereinafter provided. F. The Owner is the Declarant under the Declaration for Lynnehaven attached to a Deed of Dedication recorded among the Land Records as Instrument Number 030007982, as amended from time to time (the "Declaration'), and has acquired the Declarant rights of the original Declarant from Taylor -Grace, LLC, a Virginia limited liability company, as successor - by -merger to QR Development LLC, and from Richmond American Homes of Virginia, Inc., a Virginia corporation, by virtue of an Assignment of Declarant Rights recorded among the Land Records as Instrument Number 140006981, and from SFC Properties Reinstated, L.L.C., a Virginia limited liability company, by virtue of the quitclaim contained in the Special Warranty Deed recorded among the Land Records as Instrument Number 140006691, thereby becoming the sole Declarant. G. The Owner, as owner of the Property and as Declarant under the Declaration, desires to submit a portion of the Property to the terms and conditions of the Declaration, in accordance with Article XI, Section 8 of the Declaration. 2 w co H. The Property is subject to the lien of a deed of trust and the Beneficiary of such deed of trust has joined into this Deed to evidence its consent to such dedication. SUBDIVISION NOW THEREFORE WITNESSETH, in consideration of the premises and the sum of One Dollar ($1.00), cash in hand paid, receipt of which is hereby acknowledged, Owner hereby subdivides the Property containing 5.8747 acres, into sixteen (16) lots (comprising 5.0194 acres), to be known as Lots 114 through 122, inclusive, and Lots 167 through 173, inclusive, LYNNEHAVEN, Section Three — Phase 4, in accordance with the Plat which is expressly incorporated herein and made a part of this Deed. STREET DEDICATION THIS DEED FURTHER WITNESSETH, that in consideration of the premises and the sum of One Dollar ($1.00) cash in hand paid, receipt of which is hereby acknowledged, Owner dedicates to the County the 0.8553 acres for public street purposes as so designated on the Plat. This dedication is made in accordance with the statutes made and provided therefor. STORM DRAINAGE EASEMENTS THIS DEED FURTHER WITNESSETH, that in consideration of the premises and the sum of One Dollar ($1.00), cash in hand paid, receipt of which is hereby acknowledged, Owner grants and conveys unto the Association, its successors and assigns, easements for the purpose of constructing, operating, maintaining, adding to, altering or replacing present or future stormwater management facilities, storm drainage lines, storm sewer lines, or other drainage structures, including building connection lines, plus all necessary inlet structures, manholes, and appurtenances for the collection of storm waters and its transmission through and across the said property of Owner, said easements being more particularly bounded and described on the Plat, subject to the following conditions: 3 O W l . All sewers, manholes, inlet structures, and appurtenant facilities which are installed in the easements shall be and remain the property of the Association, its successors and assigns. 2. The Association and its agents shall have full and free use of said easements for the purposes named, and shall have all rights and privileges reasonably necessary to the exercise of the easements including the right of access to and from the casements and right to use adjoining land where necessary; provided, however, that this right to use adjoining land shall be exercised only during periods of actual construction or maintenance, and further, this right shall not be construed to allow the Association to erect any building or structure of a permanent nature on such adjoining land. 3. The Association shall have the right to trim, cut, and remove trees, shrubbery, fences, structures, or other obstructions or facilities in or near the casements being conveyed, deemed by it to interfere with the proper and efficient construction, operation, and maintenance of said easements; provided, however, that the Association, at its own expense, shall restore, as nearly as possible, the premises to their original condition Such restoration shall include the backfilling of trenches, the replacement of fences and shrubbery, the reseeding or resodding of lawns or pasture areas, and the replacement of structures and other facilities located outside the easements, but shall not include the replacement of structures, trees, or other facilities located within the easements. 4. Owner reserves the right to construct and maintain roadways over said casements to the extent not prohibited or restricted by ordinance and to make any use of the easements herein granted which may not be inconsistent with the rights herein conveyed, or interfere with the use of said easements by the Association for the purposes named; provided, 4 0 0 however, that Owner shall not erect any building or other structure on the casements without obtaining the prior written approval of the County. 5. The rights granted to the Association hereunder may also be exercised by the County, but the County shall have no obligation to exercise any such rights. WATER AND SEWER EASEMENTS THIS DEED FURTHER WITNESSETH, that in consideration of the premises and the sum of One Dollar ($1.00), cash in hand paid, receipt of which is hereby acknowledged, Owner grants and conveys unto FCSA, its successors and assigns with General Warranty of title, the easements as hereafter set forth in the respective locations as shown on the Plat, as follows (the "FCSA Easements"): A. Waterline Easements. Waterline and water meter easements for the purpose of constructing, operating, maintaining, adding to, altering or replacing present or future water mains, including fire hydrants, valves, meters, building service connections, and other appurtenant facilities for the transmission and distribution of water through, upon, and across the property of Owner, said easements being more particularly bounded and described on the Plat. B. Sanitary Sewer Easements. Easements for the purpose of constructing, operating, maintaining, adding to, altering or replacing present or future sanitary sewer lines, including building connection lines, sanitary lateral lines, manholes and all other appurtenant facilities necessary for the collection of sanitary sewage and its transmission through and across the property of Owner as shown on the Plat. The foregoing FCSA Easements are perpetual and are for the purposes of constructing, operating, maintaining, adding to, altering or replacing present or future water mains and sanitary sewer lines, including, but not limited to, fire hydrants, valves, meters, building service connections and connection lines, sanitary lateral lines, manholes and other appurtenant facilities 5 for the transmission and distribution of water and the collection of sanitary sewage and its transmission through, upon and across the Property. Said FCSA Easements are more particularly bounded and described on the Plat and include FCSA's right to go on, over and upon said FCSA Easements for the aforesaid purposes. The foregoing FCSA Easements granted to FCSA are subject to the following rights and conditions: 1. All water mains, sewer lines, and appurtenant facilities which are installed in the FCSA Easements shall be and remain the property of FCSA, its successors and assigns. 2. FCSA and its agents shall have full and free use of said FCSA Easements for the purposes named herein, and shall have all rights and privileges reasonably necessary to the exercise of the FCSA Easements. In the event FCSA is unable reasonably to exercise the right of ingress and egress over the FCSA Easements, FCSA shall have the right of ingress and egress over the land of the Owner adjacent to such FCSA Easements in order to access the FCSA Easements; provided, however, that the right to use such adjoining land shall be exercised only during periods of actual construction or maintenance, and further, this right shall not be construed to allow FCSA to erect any building, structure or facilities on such adjoining land. 3. FCSA shall have the right to trim, cut, and remove trees, shrubbery, fences, structures, or other obstructions or facilities in or near the FCSA Easements being conveyed deemed by FCSA to interfere with the proper and efficient construction, operation, and maintenance of said water mains, sewer lines, and appurtenant facilities; provided, however, that FCSA, at its own expense, shall restore as nearly as possible, to their original condition all land or premises included within or adjoining said FCSA Easements which are disturbed in any manner by the construction, operation, and maintenance of said water mains, sewer lines and Ci CD ry appurtenant facilities. Such restoration shall include the backfilling of trenches and the re- seeding of lawns or pasture areas, but shall not include the replacement of structures, trees and other facilities located within the area of the FCSA Easements. 4. Owner shall retain the right to use the Property which is subject to the FCSA Easements conveyed herein in any manner that shall not be inconsistent with the rights herein conveyed to FCSA and that shall not injure or interfere with the use and enjoyment of said rights by FCSA; provided, however, that no building, structure or fence shall be erected over or on the FCSA Easements without obtaining the prior written approval of FCSA. Owner's right of use shill also include the ability of Owner to convey easements to other utilities as shown on the Plat, provided that no other utility shall be granted the right to use (nor shall use) any part of the area within the FCSA Easements for any purpose that will conflict with FCSA's use thereof, and further provided that any such utilities shall be installed in a manner which shall not be inconsistent with the rights herein conveyed to FCSA nor injure or interfere with the use and enjoyment of the aforementioned rights of FCSA. Other than as shown on the Plat, no other utility or party shall be permitted to install any underground facilities or change existing ground elevation or be granted the right to use (nor shall use) any part of the area within the FCSA Easements for any purpose or in any manner until after a review and a finding by the FCSA in writing that such use will not be in conflict with, injurious to, or interfere with the FCSA's use of the Easements for the purposes for which such FCSA Easements are granted herein. In the event a use of any area within the FCSA Easements is approved by FCSA, but requires the relocation and/or the adjustment of the depth of the FCSA's water mains, sewer lines 7 CO and/or appurtenant facilities, all costs required to accomplish such relocation or adjustment shall be paid by Owner. 5. At such time as any portion of the area(s) within the FCSA Easements is accepted by the Commonwealth of Virginia or any appropriate agency thereof for maintenance into the state highway system, all easement rights acquired by the FCSA by this instrument in such area(s) shall cease and terminate, provided that the Commonwealth of Virginia or any appropriate agency thereof concurrently grants to the FCSA all necessary permits or easements for the continued operation, maintenance, inspection, repair and replacement of its water mains, sewer lines and appurtenant facilities in said location. 6. Owner covenants that it is seized of and has the right to convey said FCSA Easements and related rights and privileges, that the FCSA shall have quiet and peaceable possession, use and enjoyment of the Easements and related rights and privileges, and that Owner shall execute such further assurances thereof as may be required. 7. In the event the FCSA notifies Owner (or its successors or assigns, as applicable) of a violation of the terms of these FCSA Easements and Owner (or its successors or assigns, as applicable) does not cure such violation within thirty (30) days of such notice, the FCSA may take such action as necessary to cure such violation, including ingress and egress over any portion of Owner's (or its successors' or assigns', as applicable) property deemed necessary by the FCSA to access the FCSA Easements or to enforce the FCSA's rights hereunder. All costs and expenses incurred by the FCSA in exercising or enforcing its rights hereunder shall be paid or, at the FCSA's election, reimbursed by Owner (or its successors or assigns, as applicable), within thirty (30) days from the date Owner (or its successors or assigns, as applicable) receives a bill or invoice from the FCSA for such costs and expenses. If such costs 8 6 and expenses are not paid within the thirty (30) day period referenced in the preceding sentence, all such costs and expenses shall immediately commence bearing interest at the then prevailing judgment rate of interest under the Virginia Code. The FCSA shall have the right to enforce the terms of these FCSA Easements by any remedy available at law or in equity. 8. If the FCSA is adjudicated the prevailing part in any judicial proceeding between the parties regarding enforcement of these FCSA Easements, the FCSA shall be awarded its costs and expenses, including reasonable attorney's fees. 9. FCSA and Owner (or its successors or assigns, as applicable) acknowledge that the agreements and covenants stated herein are covenants running with the land which are and shall be binding upon Owner to the extent of Owner's interest in the areas represented by the FCSA Easements and are and shall be binding upon the Grantor's successors and assigns, as applicable, to the extent of such successors' and assigns' interest in the areas represented by the FCSA Easements. SUPPLEMENTARY DECLARATION THIS DEED FURTHER WITNESSETH, that the Owner, as both owner of the Property and as Declarant pursuant to the Declaration, subjects Lots 114 through 122, inclusive, and Lots 167 through 173, inclusive, LYNNEHAVEN, Section Three -- Phase 4, to the terms and conditions of the Declaration. MISCELLANEOUS 1. Headings used in this Deed are for convenience purposes only and are not intended to affect the express terms herein set forth. 2. This Deed is made in accordance with the statutes made and provided in such cases, with the approval of the proper authorities of Frederick County, Virginia, as shown by the signatures affixed to the Plat and this Deed, as applicable, and is with the free consent and 9 CD c.n in accordance with the desire of Owner, as the owner and proprietor of the land depicted on the Plat. 3. The County accepts this Deed, by evidence of its signature on the Plat, for the purpose of accepting responsibility for all maintenance and other obligations assigned to or assumed by the County in connection with the public street dedication, as hereinbefore set forth. 4. FCSA accepts this Deed for the purpose of accepting responsibility for all maintenance and other obligations assigned to or assumed by the Authority in connection with the grants of the easements to the Authority, as hereinbefore set forth. 5. The undersigned warrants that this Deed is made and executed pursuant to authority properly granted by the articles of organization or operating agreement of the Owner. End of Instrument, Signature pages to follow. 10 ate' CD IN WITNESS WHEREOF, the parties have caused this Deed to be executed under seal. rn FURTHER WITNESS the following signatures and seals: CORVAIR WINCHESTER, LLC, a Virginia limited liability company By: NVCommercial Real Estate Fund I GP, LLC, a Delaware limited liability company, its Manager By: �'/w✓dl ;/ (SEAL) Name: Matthew Weber Title: Authorized Member COMMONWEALTH OF VIRGINIA, COUNTY OF FAIRFAX, to wit: I, the undersigned Notary Public, in and for the jurisdiction aforesaid do hereby certify that Matthew Weber, as an Authorized Member of NVCommercial Real Estate Fund I GP, LLC, a Delaware limited liability company, as Manager of Corvair Winchester, LLC, a Virginia limited liability company, whose name is signed to the foregoing Deed, appeared before me and personally acknowledged the same in my jurisdiction aforesaid. GIVEN under my hand and seal this /L day of Z&,J_ , 2015. Coo ' Name: My Com]nission expires: My Notary Registration Number is: [SIGNATURE PAGE TO THAT CERTAIN DEED OF SUBDIVISION, DEDICATION, EASEMENT AND SUPPLEMENTARY DECLARATION FOR LYNNEHAVEN, SECTION THREE—PHASE 4] 11 CD FREDERICK COUNTY SANITATION AUTHORITY /, By: r Name: E. Weindel, PTE Title: Engineer -Director COMMONWEALTH OF VIRGINIA, COUNTY OF FREDERICK, to wit: I, the undersigned Notary Public, in and for the jurisdiction aforesaid do hereby certify that Uwe E. Weindel, as Engineer -Director of FREDERICK COUNTY SANITATION AUTHORITY, whose name is signed to the foregoing Deed, appeared before me and personally acknowledged the same in my jurisdiction aforesaid on behalf of the Authority. I n40 A J GIVEN under my hand and seal this 1tY day of �`�t. O V7 , 2015. NT expires: MyNotary 7�5�ion Number is: � I J0, &--- +.IO� h TASHEMA LAVONNE LONG NOTARY PUBLIC REGISTRATION N 7266247 } COMMONWEALTH OF VIRGINIA MY COMMISSION EXPIRES AUGUST 31. 2017 [SIGNATURE PAGE TO THAT CERTAIN DEED OF SUBDIVISION, DEDICATION, EASEMENT AND SUPPLEMENTARY DECLARATION FOR LYNNEHAVEN, SECTION THREE—PHASE 41 12 O. CONSENT TO DEED OF SUBDIVISION, DEDICATION, EASEMENT AND SUPPLEMENTARY DECLARATION The undersigned beneficiary under that certain Deed of Trust, Assignment of Leases and Rents, Security Agreement and Fixture Filing dated as of August 6, 2014, from Corvair Winchester, LLC, for the benefit of S.F.C. Properties Reinstated, L.L.C., recorded in the Land Records as Instrument Number 140006692 (the "Deed of Trust"), does hereby consent to the foregoing Deed of Subdivision, Dedication, Easement and Supplementary Dedication and subordinates the lien of the Deed of Trust to the street dedication and the easements described in the foregoing instrument. S.F.C. PROPERTIES REINSTATED, L.L.C., a Virginia limited liability company, formerly known as S.F.C. Properties, L.L.C. By: Springfield Management Services, Inc. Manager By: Paul E. Simonson, President STATE OF FLORIDA COUNTY OF LAKE 1, a Notary Public in and for the jurisdiction aforesaid, do hereby certify that Paul E. Simonson, President of Springfield Management Services, Inc., as an Authorized Member of S.F.C. PROPERTIES REINSTATED, L.L.C., a Virginia limited liability company, personally appeared before me in said jurisdiction and acknowledged the foregoing instrument to be the act and deed thereof, and that by virtue of the authority conferred upon such member, executed and delivered the same as such for the purposes therein contained on behalf of the limited liability company. WITNESS my hand and official seal this day of 1 K W 1 , 2015. Notary Public My Commission Expires: o Notary Registration Number: �"1(C) ERIN SIEGEL '"Y P&k . $tsq o1 Florida My Comm• Esphss Ma 20, 201a Cnmmkslon s FF 104706 648137361 13 COUNTY of FREDERICK Department of Planning and Development 540/ 665-5651 Fax: 540/ 665-6395 April 21, 2015 Michael Dell'lsola, P.E. Greenway Engineering 151 Windy Hill Lane Winchester, Virginia 22602 RE: Lynnehaven Section III, Phase 4 Final Plats Property Identification Number 55-A-206 RP (Residential Performance) Zoning District Dear Mr. Dell'lsola: This letter is to confirm that the plats for Lynnehaven Subdivision, Section III - Phase 4 have been approved. This plat allows for ten (10) single-family detached lots. The appropriate construction guarantee and deed of dedication have been received. Attached are two (2) copies of the approved plat for your records and distribution. Please return a copy of the recorded plat to this office If you have any questions, please call me at (540) 665-5651. Sincerely, Mark R. Cheran Zoning & Subdivision Administrator MRC/dw cc: Jason E. Ransom, Red Bud District Supervisor Christopher Mohn and Charles Dunlap, Red Bud District Planning Commissioners Jane Anderson, Real Estate Commissioner of Revenue Patrick Fly, GIS 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 Date: SUBDIVISION APPLICATION FREDERICK COUNTY, VIRGINIA - Office Use Only - Application #: NIDP: _yes no If no, has the MDP requirement been waived by the Planning Director?: _yes no If the MDP has been waived, fill in the following public meeting dates for the final plats: PC Meeting Date BOS Meeting Date 1. Applicant: Name: Greenway Engineering, Inc Telephone: 540-662-4185 Address: 151 Windy Hill Lane Winchester, VA 22602 2. Property Owner (if different than above) Name: Corvair Winchester, LLC Telephone: 703-448-4309 Address: 8230 Leesburg Pike, Suite 620 Tysons Corner, VA 22182 3. Please list names of all owners, principals, and/or majority stockholders: Matt Weber 4. Contact person if other than above Name: Michael D. Deli'Isola, PE Telephone: 540-662-4185 5. Name of Proposed Subdivision: Lynnehaven Section Three Phase 4 6. Number of Lots: 16 7. Total Acreage: 5.8747 Acres 8. Property Location: Lynnehaven Drive off of Woodrow Road off of Channing Drive (Give State Route # and name, distance and direction from intersection) 9 .P 9. Magisterial District: Red Bud 10. Property Identification Number (P.I.N.): 55-A-206 (Parent Tract) 11. Property zoning and present use: RP -vacant 12. Adjoining property zoning and use: USE ZONING North Single -Family Residential RP East Single -Family Residential RP South Single -Family Residential RP West Single -Family Residential RP 13. Has a Master Development Plan been submitted for this project? IlYes ONo 14. If yes, has the final MDP been approved by the Board of Supervisors? FV Yes nNo 15. What was the Master Development Plan title? 16. Does the plat contain any changes from the approved MDP? O Yes ] No 17. If yes, specify what changes: 18. 19. Minimum Lot Size (smallest lot): 12,000 SF Number and types of housing units in this development: 16 single-family detached urban I h ave r ead t he m aterial i ncluded i n t his pa ckage a nd unde rstand w hat i s r equired b y t he Frederick C ounty P lanning Department. I also understand that all r equired material w ill be complete prior to the ssion site plan. Signature: Date: ffil BRIEF DESCRIPTION SECTION THREE — PHASE 4, LYNNEHAVEN OF PROPERTY: — RED BUD MAGISTERIAL DISTRICT (5.8747 ACRES) PLAT ATTACHED: PLAT NO, 2185R (SHEETS 1 through 10) PREPARED BY: GREENWAY ENGINEERING, INC. TAX MAP PARCEL NO: 55-((A))-206 PREPARED BY AND RETURN TO: McGuireWoods LLP One James Center 901 East Cary Street Richmond, Virginia 23219 Attention: Matthew P. Rash, Esq. VA Bar No. 68565 THIS DEED OF SUBDIVISION, DEDICATION, EASEMENT, AND � SUPPLEMENTARY DECLARATION (the "Deed") is made as of March � 2015, by and between CORVAIR WINCHESTER. LLC, a Virginia limited liability company (hereinafter referred to as "Owncr'�, as grantor; the BOARD OF SUPERVISORS OF FREDERICK COUNTY. VIRGINIA, a body corporate and politic (hereinafter referred to as "County"), as grantee; the FREDERICK COUNTY SANITATION AUTHORITY, a body corporate and politic (hereinafter referred to as "FCSA"), as grantee; and LYNNEHAVEN HOMEOWNERS ASSOCIATION. INC., a Virginia nonstock corporation formed pursuant to the Virginia Property Owners Association Act (hereinafter referred to as the "Association"), as grantee. RECITALS: A. The Owner is the owner of certain real property (the "Property"), as shown on plat number 2185R, dated December 8, 2014, titled "Final Subdivision Plat, Lynnehaven, Section Three — Phase 4," and prepared by Greenway Engineering, Inc. of Winchester, Virginia, certified land surveyors (the "Plat") which Plat is attached hereto. 1 0 w B. The Property is situated in Frederick County, Virginia; Owner having acquired the Property by deed recorded in as Instrument Number 140006691, among the land records of Frederick County, Virginia (the "Land Records") C. It is the desire and intent of Owner to subdivide the Property into lots and parcels, and a residue parcel, and to dedicate, grant, and convey for public use, the streets and thoroughfares in accordance with this Deed and the Plat. D. It is the desire and intent of Owner to grant and convey unto the County and unto FCSA, the easements in the locations as shown on the Plat and as hereinafter provided. E. It is the desire and intent of Owner to grant and convey unto the Association, the easements in the locations as shown on the Plat and as hereinafter provided. F. The Owner is the Declarant under the Declaration for Lynnehaven attached to a Deed of Dedication recorded among the Land Records as Instrument Number 030007982, as amended from time to time (the "Declaration'), and has acquired the Declarant rights of the original Declarant from Taylor -Grace, LLC, a Virginia limited liability company, as successor - by -merger to QR Development LLC, and from Richmond American Homes of Virginia, Inc., a Virginia corporation, by virtue of an Assignment of Declarant Rights recorded among the Land Records as Instrument Number 140006981, and from SFC Properties Reinstated, L.L.C., a. Virginia limited liability company, by virtue of the quitclaim contained in the Special Warranty Deed recorded among the Land Records as Instrument Number 140006691, thereby becoming the sole Declarant. G. The Owner, as owner of the Property and as Declarant under the Declaration, desires to submit a portion of the Property to the terms and conditions of the Declaration, in accordance with Article XI, Section 8 of the Declaration. 2 D W W H. The Property is subject to the lien of a deed of trust and the Beneficiary of such deed of trust has joined into this Deed to evidence its consent to such dedication. SUBDIVISION NOW THEREFORE WITNESSETH, in consideration of the premises and the sum of One Dollar ($1.00), cash in hand paid, receipt of which is hereby acknowledged, Owner hereby subdivides the Property containing 5.8747 acres, into sixteen (16) lots (comprising 5.0194 acres), to be known as Lots 114 through 122, inclusive, and Lots 167 through 173, inclusive, LYNNEHAVEN, Section Three — Phase 4, in accordance with the Plat which is expressly incorporated herein and made a part of this Deed. STREET DEDICATION THIS DEED FURTHER WITNESSETH, that in consideration of the premises and the sum of One Dollar ($1.00) cash in hand paid, receipt of which is hereby acknowledged, Owner dedicates to the County the 0.8553 acres for public street purposes as so designated on the Plat. This dedication is made in accordance with the statutes made and provided therefor. STORM DRAINAGE EASEMENTS THIS DEED FURTHER WITNESSETH, that in consideration of the premises and the sum of One Dollar ($1.00), cash in hand paid, receipt of which is hereby acknowledged, Owner grants and conveys unto the Association, its successors and assigns, easements for the purpose of constructing, operating, maintaining, adding to, altering or replacing present or future stormwater management facilities, storm drainage lines, storm sewer lines, or other drainage structures, including building connection lines, plus 0 necessary inlet structures, manholes, and appurtenances for the collection of storm waters and its transmission through and across the said property of Owner, said easements being more particularly bounded and described on the Plat, subject to the following conditions: O W 1. All sewers, manholes, inlet structures, and appurtenant facilities which are installed in the easements shall be and remain the property of the Association, its successors and assigns. 2. The Association and its agents shall have full and free use of said easements for the purposes named, and shall have all rights and privileges reasonably necessary to the exercise of the easements including the right of access to and from the casements and right to use adjoining land where necessary; provided, however, that this right to use adjoining land shall be exercised only during periods of actual construction or maintenance, and further, this right shall not be construed to allow the Association to erect any building or structure of a permanent nature on such adjoining land. 3. The Association shall have the right to trim, cut, and remove trees, shrubbery, fences, structures, or other obstructions or facilities in or near the casements being conveyed, deemed by it to interfere with the proper and efficient construction, operation, and maintenance of said easements; provided, however, that the Association, at its own expense, shall restore, as nearly as possible, the premises to their original condition Such restoration shall include the backfilling of trenches, the replacement of fences and shrubbery, the reseeding or resodding of lawns or pasture areas, and the replacement of structures and other facilities located outside the easements, but shall not include the replacement of structures, trees, or other facilities located within the easements. 4. Owner reserves the right to construct and maintain roadways over said casements to the extent not prohibited or restricted by ordinance and to make any use of the easements herein granted which may not be inconsistent with the rights herein conveyed, or interfere with the use of said easements by the Association for the purposes named; provided, 4 0 CD however, that Owner shall not erect any building or other structure on the casements without obtaining the prior written approval of the County. 5. The rights granted to the Association hereunder may also be exercised by the County, but the County shall have no obligation to exercise any such rights. WATER AND SEWER EASEMENTS THIS DEED FURTHER WITNESSETH, that in consideration of the premises and the sum of One Dollar ($1.00), cash in hand paid, receipt of which is hereby acknowledged, Owner grants and conveys unto FCSA, its successors and assigns with General Warranty of title, the easements as hereafter set forth in the respective locations as shown on the Plat, as follows (the "FCSA Easements"): A. Waterline Easements. Waterline and water meter easements for the purpose of constructing, operating, maintaining, adding to, altering or replacing present or future water mains, including fire hydrants, valves, meters, building service connections, and other appurtenant facilities for the transmission and distribution of water through, upon, and across the property of Owner, said easements being more particularly bounded and described on the Plat. B. Sanitary Sewer Easements. Easements for the purpose of constructing, operating, maintaining, adding to, altering or replacing present or future sanitary sewer lines, including building connection lines, sanitary lateral lines, manholes and all other appurtenant facilities necessary for the collection of sanitary sewage and its transmission through and across the property of Owner as shown on the Plat. The foregoing FCSA Easements are perpetual and are for the purposes of constructing, operating, maintaining, adding to, altering or replacing present or future water mains and sanitary sewer lines, including, but not limited to, fire hydrants, valves, meters, building service connections and connection lines, sanitary lateral lines, manholes and other appurtenant facilities 5 0 I � for the transmission and distribution of water and the collection of sanitary sewage and its transmission through, upon and across the Property. Said FCSA Easements are more particularly bounded and described on the Plat and include FCSA's right to go on, over and upon said FCSA Easements for the aforesaid purposes. The foregoing FCSA Easements granted to FCSA are subject to the following rights and conditions: 1. All water mains, sewer lines, and appurtenant facilities which are installed in the FCSA Easements shall be and remain the property of FCSA, its successors and assigns. 2. FCSA and its agents shall have full and free use of said FCSA Easements for the purposes named herein, and shall have all rights and privileges reasonably necessary to the exercise of the FCSA Easements. In the event FCSA is unable reasonably to exercise the right of ingress and egress over the FCSA Easements, FCSA shall have the right of ingress and egress over the land of the Owner adjacent to such FCSA Easements in order to access the FCSA Easements; provided, however, that the right to use such adjoining land shall be exercised only during periods of actual construction or maintenance, and further, this right shall not be construed to allow FCSA to erect any building, structure or facilities on such adjoining land. 3. FCSA shall have the right to trim, cut, and remove trees, shrubbery, fences, structures, or other obstructions or facilities in or near the FCSA Easements being conveyed deemed by FCSA to interfere with the proper and efficient construction, operation, and maintenance of said water mains, sewer lines, and appurtenant facilities; provided, however, that FCSA, at its own expense, shall restore as nearly as possible, to their original condition all land or premises included within or adjoining said FCSA Easements which are disturbed in any manner by the construction, operation, and maintenance of said water mains, sewer lines and 6 appurtenant facilities. Such restoration shall include the backfilling of trenches and the re- seeding of lawns or pasture areas, but shall not include the replacement of structures, trees and other facilities located within the area of the FCSA Easements. 4. Owner shall retain the right to use the Property which is subject to the FCSA Easements conveyed herein in any manner that shall not be inconsistent with the rights herein conveyed to FCSA and that shall not injure or interfere with the use and enjoyment of said rights by FCSA; provided, however, that no building, structure or fence shall be erected over or on the FCSA Easements without obtaining the prior written approval of FCSA. Owner's right of use shall also include the ability of Owner to convey easements to other utilities as shown on the Plat, provided that no other utility shall be granted the right to use (nor shall use) any part of the area within the FCSA Easements for any purpose that will conflict with FCSA's use thereof, and further provided that any such utilities shall be installed in a manner which shall not be inconsistent with the rights herein conveyed to FCSA nor injure or interfere with the use and enjoyment of the aforementioned rights of FCSA. Other than as shown on the Plat, no other utility or party shall be permitted to install any underground facilities or change existing ground elevation or be granted the right to use (nor shall use) any part of the area within the FCSA Easements for any purpose or in any manner until after a review and a finding by the FCSA in writing that such use will not be in conflict with, injurious to, or interfere with the FCSA's use of the Easements for the purposes for which such FCSA Easements are granted herein. In the event a use of any area within the FCSA Easements is approved by FCSA, but requires the relocation and/or the adjustment of the depth of the FCSA's water mains, sewer lines 7 r w and/or appurtenant facilities, all costs required to accomplish such relocation or adjustment shall be paid by Owner. 5. At such time as any portion of the area(s) within the FCSA Easements is accepted by the Commonwealth of Virginia or any appropriate agency thereof for maintenance into the state highway system, all easement rights acquired by the FCSA by this instrument in such area(s) shall cease and terminate, provided that the Commonwealth of Virginia or any appropriate agency thereof concurrently grants to the FCSA all necessary permits or easements for the continued operation, maintenance, inspection, repair and replacement of its water mains, sewer lines and appurtenant facilities in said location. 6. Owner covenants that it is seized of and has the right to convey said FCSA Easements and related rights and privileges, that the FCSA shall have quiet and peaceable possession, use and enjoyment of the Easements and related rights and privileges, and that Owner shall execute such further assurances thereof as may be required. 7. In the event the FCSA notifies Owner (or its successors or assigns, as applicable) of a violation of the terms of these FCSA Easements and Owner (or its successors or assigns, as applicable) does not cure such violation within thirty (30) days of such notice, the FCSA may take such action as necessary to cure such violation, including ingress and egress over any portion of Owner's (or its successors' or assigns', as applicable) property deemed necessary by the FCSA to access the FCSA Easements or to enforce the FCSA's rights hereunder. All costs and expenses incurred by the FCSA in exercising or enforcing its rights hereunder shall be paid or, at the FCSA's election, reimbursed by Owner (or its successors or assigns, as applicable), within thirty (30) days from the date Owner (or its successors or assigns, as applicable) receives a bill or invoice from the FCSA for such costs and expenses. If such costs 8 J and expenses are not paid within the thirty (30) day period referenced in the preceding sentence, all such costs and expenses shall immediately commence bearing interest at the then prevailing judgment rate of interest under the Virginia Code. The FCSA shall have the right to enforce the terms of these FCSA Easements by any remedy available at law or in equity. 8. If the FCSA is adjudicated the prevailing part in any judicial proceeding between the parties regarding enforcement of these FCSA Easements, the FCSA shall be awarded its costs and expenses, including reasonable attorney's fees. 9. FCSA and Owner (or its successors or assigns, as applicable) acknowledge that the agreements and covenants stated herein are covenants running with the land which are and shall be binding upon Owner to the extent of Owner's interest in the areas represented by the FCSA Easements and are and shall be binding upon the Grantor's successors and assigns, as applicable, to the extent of such successors' and assigns' interest in the areas represented by the FCSA Easements. SUPPLEMENTARY DECLARATION THIS DEED FURTHER WITNESSETH, that the Owner, as both owner of the Property and as Declarant pursuant to the Declaration, subjects Lots 114 through 122, inclusive, and Lots 167 through 173, inclusive, LYNNEHAVEN, Section Three — Phase 4, to the terms and conditions of the Declaration. MISCELLANEOUS 1. Headings used in this Deed are for convenience purposes only and are not intended to affect the express terms herein set forth. 2. This Deed is made in accordance with the statutes made and provided in such cases, with the approval of the proper authorities of Frederick County, Virginia, as shown by the signatures affixed to the Plat and this Deed, as applicable, and is with the free consent and 9 L0 cn in accordance with the desire of Owner, as the owner and proprietor of the land depicted on the Plat. 3. The County accepts this Deed, by evidence of its signature on the Plat, for the purpose of accepting responsibility for all maintenance and other obligations assigned to or assumed by the County in connection with the public street dedication, as hereinbefore set forth. 4. FCSA accepts this Deed for the purpose of accepting responsibility for all maintenance and other obligations assigned to or assumed by the Authority in connection with the grants of the easements to the Authority, as hereinbefore set forth. 5. The undersigned warrants that this Deed is made and executed pursuant to authority properly granted by the articles of organization or operating agreement of the Owner. End of Instrument; Signature pages to follow. 10 0 IN WITNESS WHEREOF, the parties have caused this Deed to be executed under seal. M FURTHER WITNESS the following signatures and seals: CORVAIR WINCHESTER, LLC, a Virginia limited liability company By: NVCommercial Real Estate Fund I GP, LLC, a Delaware limited liability company, its Manager By: �� ;� (SEAL) Name: Matthew Weber Title: Authorized Member COMMONWEALTH OF VIRGINIA, COUNTY OF FAIRFAX, to wit: I, the undersigned Notary Public, in and for the jurisdiction aforesaid do hereby certify that Matthew Weber, as an Authorized Member of NVCommercial Real Estate Fund I GP, LLC, a Delaware limited liability company, as Manager of Corvair Winchester, LLC, a Virginia limited liability company, whose name is signed to the foregoing Deed, appeared before me and personally acknowledged the same in my jurisdiction aforesaid. GIVEN under my hand and seal this /Y day of _�jo,, _ , 2015. raY�`C Cps c '• v n' a� !' Name: My Commission expires: 6k�•-Rf, .Zoii _ My Notary Registration Number is: 1?vs/s9 i [SIGNATURE PAGE TO THAT CERTAIN DEED OF SUBDIVISION, DEDICATION, EASEMENT AND SUPPLEMENTARY DECLARATION FOR LYNNEHAVEN, SECTION THREE—PHASE 4] 11 T Q" O -J FREDERICK COUNTY SANITATION AUTHORITY By: .c Name: E. Weindel, PT Title: Engineer -Director COMMONWEALTH OF VIRGINIA, COUNTY OF FREDERICK, to wit: I, the undersigned Notary Public, in and for the jurisdiction aforesaid do hereby certify that Uwe E. Weindel, as Engineer -Director of FREDERICK COUNTY SANITATION AUTHORITY, whose name is signed to the foregoing Deed, appeared before me and personally acknowledged the same in my jurisdiction aforesaid on behalf of the Authority. 10) GIVEN under my hand and seal this 10 day of , 2015, M Comm sson expires: 261-1 My72-U5Notary 'gls9"'INumberion Number is. 7 TASHEMA LAVONNE LONG NOTARY PUBLIC REGISTRATION N 7265287 i COMMONWEALTH OF VIRGINIA MY COMMISSION EXPIRES AUGUST 31, 2017 [SIGNATURE PAGE TO THAT CERTAIN DEED OF SUBDIVISION, DEDICATION, EASEMENT AND SUPPLEMENTARY DECLARATION FOR LYNNEHAVEN, SECTION THREE—PHASE 41 12 0 CONSENT TO DEED OF SUBDIVISION, DEDICATION, EASEMENT -: AND SUPPLEMENTARY DECLARATION c") The undersigned beneficiary under that certain Deed of Trust, Assignment of Leases and Rents, Security Agreement and Fixture Filing dated as of August 6, 2014, from Corvair Winchester, LLC, for the benefit of S.F.C. Properties Reinstated, L.L.C., recorded in the Land Records as Instrument Number 140006692 (the "Deed of Trust"), does hereby consent to the foregoing Deed of Subdivision, Dedication, Easement and Supplementary Dedication and subordinates the lien of the Deed of Trust to the street dedication and the easements described in the foregoing instrument. S.F.C. PROPERTIES REINSTATED, L.L.C., a Virginia limited liability company, formerly known as S,F.C. Properties, L.L.C. By: Springfield Management Services, Inc. Manager By: Paul E. Simonson, President STATE OF FLORIDA COUNTY OF LAKE I, a Notary Public in and for the jurisdiction aforesaid, do hereby certify that Paul E. Simonson, President of Springfield Management Services, Inc., as an Authorized Member of S.F.C. PROPERTIES REINSTATED, L.L.C., a Virginia limited liability company, personally appeared before me in said jurisdiction and acknowledged the foregoing instrument to be the act and deed thereof, and that by virtue of the authority conferred upon such member, executed and delivered the same as such for the purposes therein contained on behalf of the limited liability company. WITNESS my hand and official seal this Al day of 1 , 2015. Notary Public My Commission Expires: Notary Registration Number: t�, EAIN SIEGEL • Y P&k . Stale o1 Florida { My Comm. Expires Mar 20, 2018 Cwnmla3loe • FF 104708 648137361 13 VICINITY MAP ' 1 " - 2000' SITE o I 7S BENI a �p eo�ler�r, moE reo�rta � APPROVALS- AREA SUMMARY. AREA /N LOTS-- 5.0194 ACRES FREDE CO. 1T TION,AUTH /TY DATE AREA IN R/W.• 0.8553 ACRES FREDERICK CO. SUBDIVISION ADMINISTRATOR DATE ll' % / el, 2� Zvi TOTAL AREA: 5.8747 ACRES VA. EPT- OF TRANSPORTATION DATE OWNERS CERTIFICATE. - THE ABOVE AND FOREGOING SUBDIVISION OF A PORTION OF THE LAND OF CORVAIR WINCHESTER, LLC, AS APPEARS ON THIS PLAT, IS WITH THE FREE CONSENT. AND IN ACCORDANCE WITH THE DESIRES OF THE UNDERSIGNED OWNERS, PROPRIETORS, AND TRUSTEES IF ANY. FOR: CORVAIR W/NC TER, LL BY, COMMONWEALTH OF VIRGINIA CITY OUN5'OF TO WIT. �E THE FOREGOING OWNERS CERTIFICATE WAS ACKNOWLEDGED BEFORE ME THIS 99 DAY �� a 20 i `/ //O�F BY MY COMMISSION EXPIRES201. REGISTRATION No. -7,V '� 9 / NOTARY PUBLIC SURVEYOR'S CERTIFICATE.• I HEREBY CERTIFY THAT THE LAND CONTAINED /N THIS SUBDIVISION IS A PORTION OF THE LAND CONVEYED TO CORVAIR WINCHESTER, LLC BY DEED DATED AUGUST 6, 2014 OF RECORD IN THE FREDERICK COUNTY CIRCUIT COURT CLERK'S OFFICE AS INSTRUMENT No. 140006691. A CONSTRUCTION BOND IS TO BE POSTED FOR LOT CORNER MONUMENTARON OF THIS SUBDIVISION. I FURTHER CERTIFY THAT SHOULD MY SERVICES BE RETAINED FOR THE PURPOSE OF SETTING LOT CORNER MONUMENTS SAID MONUMENTS WILL BE SET IN ACCORDANCE WITH FREDERICK COUNTY ZONING ORDINANCE SECTION 144-30. ERNEST S. HOLZWO L.S. % DATE PARENT TAX PARCEL IDENTIFICATION TM. 55-((A))-206 5.8747 ACRES ZONE: RP USE. VACANT FINAL SUBDIVISION PLAT L YNNEHA VEN H pFGj�� SECTION THREE - PHASE 4 RED BUD MAGISTERIAL DISTRICT - FREDERICK COUNTY VIRGINIA ERNEST S. LZWORTH Lic. No. 1837 SCALE: NIA DATE. SEPTEMBER 8, 2014 GREENWAY ENGINEERING 151 Windy Bill Lane Engineers t Winchester, Vrginia 22602 Surveyors SURF Telephone: (540) 662-4185 SUB 14-12 FAX: (540) 722-9528 FoundeI in 1971 www.greenwayeng.com 2185R SHEET 1 OF 10 AREA TABULATION TM. 55—((A))-206 LEG ND BRL = BUILDING RESTRICTION LINE C/L = CENTERLINE R/W = RIGHT OF WAY DRAINAGE EASEMENT HEREBY DEDICATED WATER & SANITARY SEWER EASEMENT HEREBY DEDICATED ® SANITARY SEWER EASEMENT HEREBY DEDICATED 5.8747 AC. (ORIGINAL) —0.8553 AC. (R/W) —5.0194 AC. (LOTS) NO RESIDUE (BY SUBTRACTION) PROFFERS 1. A MONETARY CONTRIBUTION OF $J,378.31 PER LOT SHALL BE PAID TO THE TREASURER OF FREDERICK COUNTY PRIOR TO THE ISSUANCE OF THE INITIAL BUILDING PERMITS FOR EACH LOT. NOTES 1. NO TITLE REPORT FURNISHED. EASEMENTS OTHER THAN SHOWN MAY EXIST. 2. THE PROPERTY SHOWN HEREON LIES ENTIRELY WITHIN ZONE X, AREAS DETERMINED TO BE OUTSIDE THE 0.2% ANNUAL CHANCE FLOOD PLAIN, PER N.F.I.P. FLOOD INSURANCE RATE MAP No. 51069CO240D, DATED SEPTEMBER 2, 2009. J. ALL 16 LOTS ARE SINGLE—FAMILY DETACHED URBAN, RP ZONING, AND MINIMUM LOT SIZE = 12,000 SO. FT. MINIMUM LOT WIDTH AT SETBACK = 70' MINIMUM LOT WIDTH AT ROAD R/W = 35' 4. SETBACKS PER FREDERICK COUNTY ZONING ORDINANCE 165-402.09—C. FRONT = 35' FROM ROAD R/W REAR = 25' SIDE = 10' EXCEPT PIPESTEM LOT 170—SETBACKS PER FREDERICK COUNTY ORDINANCE 165-402.09—P.- FRONT, SIDE & REAR = 20' ACCESSORY BUILDINGS = 20' SIDE YARD OF LOTS ADJOINING PIPESTEM DRIVEWAY = 15' 5. ALL LOTS ARE SUBJECT TO A 20' SLOPE, DRAINAGE, AND UTILITY EASEMENT ALONG ALL STREET RIGHT—OF—WAY LINES AND A 10' DRAINAGE & UTILITY EASEMENT ALONG ALL OTHER PROPERTY LINES HEREBY RESERVED. 6. THE BOUNDARY SHOWN HEREON IS BASED ON A SEPTEMBER, 2007 FIELD SURVEY BY. THIS FIRM AND ON SUBDIVISION PLATS PREPARED BY' THIS FIRM AND RECORDED AS INSTRUMENT Nos. 070011417, 070019473 AND 100002144, Z THE SOURCE OR MERIDIAN FOR THE BOUNDARY SHOWN HEREON IS RECORDED AS INSTRUMENT NO 0J0007982 AMONG THE LAND RECORDS OF FREDERICK COUNTY, VIRGINIA. FINAL SUBDIVISION PLAT L YNNEHA VEN H SECTION THREE - PHASE 4 RED BUD MAGISTERIAL DISTRICT — FREDERICK COUNTY, VIRGINIA r,� NEST CH TH y SCALE: N/A DATE: SEPTEMBER 8, 2014 Lic. N . 1837 GREENWAY ENGINEERING 151 Windy Hill Lane Engineers Winchester, Virginia 22602 d SUB' Surveyors Telephone: (540) 662-4185 FAX: (540) 722-9528 SUB 14-12 Founde i in 1971 www.greenwayeng.com I 2185R SHEET 2 OF 1 STONE KEY MAP FI CTION ONE 99 SE 04p005 2 INST'ZONE: RPAMILY 4 3 SINGS DIAL 5 USE* RESIDEN I 7 6 135 1 cX c� 137 • z C) ✓ 10 9 132 133 OUTLOT T`" 131 130 129 134 136 0 128 DRIVE Cf�NF 138 140 ,j o p PROPOSED LYNNEHAVEN 161 139 O N g `� SECTION 148 Q Q v a �� i p 126 THREE PHASE 3 160 147 a 141 Zv o L O r� O O 125 = 163 j� W = 142 LYNNEHAVEN ti N 4i W 164 159 S SECT70N TWREE. PHASE 2 O J 3 124 Z 158 INST.# 100002144 143 v 123 A ? 165 157 145 d 144 ' k 166 152 151 C Qi 167 156 153 104, 103 102 O �o O LYNNEHAVEN 168 155 106 SECTION THREE PHASE I INST.# 169 154 070011417 101 �\ 119 h = 107 100 1 18 171 108 1 17 172 J 109 17J I 1 o �P 112 113 �0�0 TM: 55—((A))-206B FREDERICK COUNTY SCHOOL BOARD 1^11ZT.# 070019473 ZONE: RP PUBLIC SCHOOL Z I 60 " 61 —� �L o � EX. WOOOROW R ?` 57 56 <y LYNNEHAVEN "Z 59 58 SECTION TWO `may 200 0 200 PHASE 1 B 55 46 040026 56 54 GRAPHIC �ET)ALE FINAL SUBDIVISION PLAT L YNNEHA VEN SECTION THREE - PHASE 4 RED BUD MAGISTERIAL DISTRICT - FREDERICK COUNTY, WGINIA SCALE. 1 " = 200' DATE. • SEPTEMBER 8, 2014 GREENWAY ENGINEERING 151 Windy Hill Lane Engineers Winchester, Virginia 22602 Surveyors Telephone: (540) 662-4185 FAX- (540) 722-9528 Founde i in 1971 www.greenwayeng.com TH OF ,NEST eo%8 WORTH y I 37 0 r� F!a 'lk F'1 LOT 117 SEE SHEET 5 N 38'44'07° W 10' BRL m" 6m LOT 116 IN 6 13104 SO. FT 10' BRL l 0 154.(f� r y5.0 1F BRL LOT 115 14433 SO. FT Z. rni,zz, m U o cn o I N BRL10 W i wiz ✓ N 75.70� '. m W aIf j 0 BRL LOT 114 \ '` i 16507 SO. FT. \ v 2 0 I N 1% a5 DO,O Yf o I w ' , N 65 53 m 0 J N 45'33;44� _10, _- 07' ° 45,00' 13'07° W 38'44'07' W 54OUTLOT V EX. 14' WATER ESMT. INST.# 040026656 LOT 60 LYNNE•ffAVEN �fC110N TW0—Pf1ASE 1 B LOT 61 INST,4.• 040026656 ZONE- RP USE: RESIDENTIAL 50 0 50 GRAPHIC SCALE (IN FEET) iys�F,Q�Q 0l� A/ Vol"�r NOTE: SEE SHEET 10 FOR CURVE TABLE INFORMATION, FINAL SUBDIVISION PLAT L YNNEHA VEN sNLTH 0h, SECTION THREE — PHASE 4 PF-11 RIIII A"r1CTKP1A1 MCMIrT _ rPrnrP1/1! /YllIAITV 1/1PCIMM Am Q C SCALE. 1 " = 50' DATE.- SEPTEMBER 8, 2014 Llc. N`O. 1837 GREENWAY ENGINEERING 151 Windy Hill Lane �rEngineers Survors Winchester, Virginia 22602 SUR-1V4 7ey Telephone: (540) 662-4185 FAX- (540) 722-9528 SUB 14-12 gundf i in 1971 www.greenwayeng.com 2185R SHEET 4 Of 101 .................. -� LOT 120 Lo o SEE SHEET 6 o o N 38'44 07' W of _ 150.00' 10' BRL w < b $ I LOT 119 m 12000 SQ. FT. m y • I %:: m 10' BRL 0 o N 38'44'07" W p W 150.00, "ff r — 10' BRL^ o m S LOT 118 � LO h 12DOO SQ. FT. cn 0 2 co 25.0' ZCo Gi co 10' BRL I 'I ^ N La b o N 38'44 07" W W'— 150.00' _ of 1 0' BRL "f::. W o m LOT 117 m I ;': 12000 SQ. FT. 10' BRL o L o N 3844'07" W Lc)150.00' 2 SEE SHEET 4 �I :• tr " N LOT 116 do o DirO A oo��r 50 0 50 GRAPHIC SCALE (IN FEET) NOTE: SEE SHEET 10 FOR CURVE TABLE INFORMATION. FINAL SUBDIVISION PLAT L YNNEHA VEN p,LTH OF Ll�� SECTION THREE -- PHASE 4 RED BUD MAGISTERIAL DISTRICT — FREDERICK COUNTY VIRG/N/A ERNES T S. 0 TH a Lic. N . 1837 SCALE. 1 = 50' DATE: SEPTEMBER 8, 2014 GREENWAY ENGINEERING 151 Windy Hill Lane Surveyors Engineers. Winchester, Virginia 22602 ey Telephone. (540) 662-4185 +Foundin 9 D SUR`� SUB 14-12 FAX. (540) 722-9528 www.greenwayeng.com 2185R SHEET 5 OF 10 PROPOSED LYNNEHAVEN SECTION THREE—PHASE 3 i LOT 123 rn ' PROPOSED 10' GAS ESMT. (WITH PHASE 3) -- o S 38'44'07" E 150, 00' g LOT 122 0 12000 SQ. F. Q� o 10' BRL ' N 38-4407' W �+ 150.00, 17.0' 10 Es ' L BR W a m LOT 121 12000 SQ. FT. W Z _ 10' BRL W N N p N 38'44'07' 0 a 2 J i T 150.00_ 10' BRL S m LOT 120 I ?: N 12000 SQ, FT. LQ h _10' BRL N 38'44 07' W 150.00' SEE SHEET 5 I:f: LOT 119 50 0 50 GRAPHIC SCALE. (IN FEET) NOTE- SEE SHEET 10 FOR CURVE TABLE INFORMATION. 0 o�"c� obi J J jS 3844107" Eo 50 00' LOT 167 n 0 SEE SHEET 7 I LO I J FINAL SUBDIVISION PLAT L YNNEHAVEN SECTION THREE - PHASE 4 RED BUD MAGISTERIAL DISTRICT — FREDERICK COUNTY, VIRGINIA SCALE. 1 " = 50' DATE. SEPTEMBER 8, 2014 GREENWAY ENGINEERING 151 Windy Hill Lane .Engineers Winchester, Vuginia 22602 .Surveyors Telephone: (540) 662-4185 FAX: (540) 722-9528 Foundeg in 1971 www.greenwayeng.com TH OF ERNESTFS``MN a Lic. 1 1837 TT o SUB 14-12 2185R SHEET 6 OF 10 Ul u+ PROPOSED LYNNE14AVEN O SECTION THREE-PHASE 3 PROPOSED LYNNEHAVEN SECTION THREE-PHASE 3 Z i i 4o.j� i W o LOT 166 ro LOT 123 LOT 122 S38, 44'07' E 0 E. S 38'44'07" E cmj SEE SHEET 6 50 00' Z _ _150.00' _ 10' BRL 1 Nam, LOT 167 oR'g,'aa 12000 SO. FT. 2 25.0' L _ 10' BRL _ J ��', S 38'44 07" E _ 150.00' � ]0' BRL � �s s LOT 16.9 o {' 12000 SO. FT. j I \ L 10, SRL _ _ S 38'44'07" E a 150.00, o r I 10' BRL O LOT 169 m so 12750 SO. FT. m E � ! o o SEE SHEET 8 LOT 170 15BRL C S 3844 07" E 00 00 ° - 150.00' o q � 3 3 a a SEE SHEET 9 LOT 171 h 50 0 50 GRAPHIC SCALE (IN FEET) NOTE: SEE SHEET 10 FOR CURVE TABLE INFORMATION. FINAL SUBDIVISION PLAT L YNNEHA VEN TH QFyj�� SECTION THREE -- PHASE 4 RED BUD MAGISTERIAL DISTRICT - FREDERICK COUNTY, VIRGINIA U ER E T S. WORTH a SCALE. • 1 " = 50' DATE: SEPTEMBER 8, 2014 Lic. 0. 1837 GREENWAY ENGINEERING 110/� �. 151 Windy Hill Lane Sur�vn or Winchester, Virginia 22602 SUIZv�' Telephone. (540) 662-4185 FAX.• (540) 722-9528 SUB 14- 12 Foundei in 1971 www.greenwayeng.com 2185R SHEET 7 OF 10 I LOT 169 SEE SHEET 7 S 3844'07" E 150.00, S 38'44 07' E 150.00' 14' SANITARY SEWER ESMT. SEE SHEET 9 LOT 171 0 y 1p. ♦pS� ��-p.0 �y9SF �S o. o q \ o LOT 170 o —o 0 25706 SQ. FT. e, plb o� w IV 5 � O� o � 1 \ �1 o� 50 0 50 GRAPHIC SCALE (lN FEET) NOTE.- SEE SHEET 10 FOR CURVE TABLE INFORMATION. FINAL SUBDIVISION PLAT L YNNEHA VEN SECTION THREE - PHASE 4 PLTH of RED BUD MAGISTERIAL DISTRICT — FREDERICK COUNTY VIRGINIA ERN S. a LIC. No, /3 SCALE.- I" = 50' DATE.- SEPTEMBER 8, 2014 GREENWAY ENGINEERING 151 Windy Hill Lane Engineers Winchester, ViVnia 22602 Surveyors Telephone: (540) 662-4185 1jr SUB 14-12 r21-85R FAX- (540) 722-9528 SHEET 8 OF 10 Founde f in 1971 www.greenwayeng.corn LOT 169 0 SEE SHEET 7 — S 38'44'07' E 150.00, o LOT 170 15' BRL SEE SHEET 8 LOT 171 N' Ln 12750 SQ. FT. 10' BRL S 3844'07' £ w C)�pC, v LOT 172 m 12000 SO. FT. I , k _10' BRL _ I �` S 38'44 070" E _ 149.69' r LOT 17J -4 1 z 15393 SQ. FT. , 4W � #�q5 00 IZZ,� Bch\ � � 5 ` ✓ EX. 20' DR41NAG\ ESMT. o / INST.# 070011417 1�� YNNEHAVEN SEC3—PHI) EX. SANITARY SEWER ESMT. SEE SHEET 4 INST.# 070011417 LOT 114 \ (LYNNEHAVEN SEC3—PHI) Vol Xet"q 1�. OUTLOT G LOT S0 LYNNEHAVEN y SECTION TWO—PHASE 1 B oyi^y 60 0 60 INST#• 040026656 p 9� ZONE. • RP GRAPHIC SCALE USE. RESIDENTIAL <1 (IN FEET) NOTE. • SEE SHEET 10 FOR CURVE TABLE INFORMATION. FINAL SUBDIVISION PLAT L YNNEHA VEN SECTION THREE - PHASE 4 RFn RlIn AAArMTFRldI f)MVIrT — FRFnFRICI< M11NTY MrIN/A SCALE: 1 " = 60' 1 DATE. SEPTEMBER 8, 2014 GREENWAY ENGINEERING 151 Windy Hill Lane Engineers Winchester, Virginia 22602 Surveyors Telephone: (540) 662-4185 FAX: (540) 722-9528 $ound,m71 www.gmenwayeng.com YH OF ERNEST SLZWORTH y Lic. No. 1837 SUB 14--1 185R SHEET 9 CURVE TABLE c_n CURVE RADIUS DELTA ANGLE ARC LENGTH TANGENT CHORD BEARING CHORD LENG C1 400.00' 36'05 47' 252.00' 130.34' S 33'1259" W 247.85' C2 425.00' 36'05 47" 267.75' 138.49' N 33' 12'59' E 263.35' C3 375.00' 36:05'47` 236.25' 122.19' S 33'12'59' W 232.36' C4 425.00' 08'56'44 66.36' 33.25' N I9'3818' E 66.29' C5 1 425.000 10' 1946' 76.62' 36.4 1'1 S 29'16'43' W 76.52' C6 425, 00' 09'59'41 74.14' 37.16' S 39 26'26' W 74.04' C7 425.00' 06'49'37" 50.64' 25.35' S 47'51 05' W 50.61 ' C8 375.00' 19745'36" 129.33' 65.31 ' N 4123 05" E 128.69' C9 375.00' 16'20'11 " 106.92' 53.83' S 23'20'11' W 106.56' FINAL SUBDIVISION PLAT L YNNEHA VEN 1,TH SECTION THREE - PHASE 4 RIM A/er,LSTFR/Al n►STRIff _ FRFnFPlrX rnuNTY_ 14RC1NL4 ANFST S. HF SCALE. N/A DATE.• SEPTEMBER 8, 2014 Lic. No. 1837 GREENWAY ENGINEERING 151 Windy Hill Lane Engineers Winchester, Vuginia 22602 SURF Surveyors Telephone: (540) 662-4185 FAX (540) 722-9528 SUB 14- 22 in 1971 www.greenwayeng.corn I 2185R SHEET 10 a s� V1RLiI4&-FRc-DlE11F MCMM'S 3O_ 1�1A1MIiR7l��w111i loseof `=d with cuwkneu-zx IMement thereto amexed- Vas admbkd kn d'Tax imposed by Sec. 58.1-802 of s „a"11A1; 801 have been paid, if assessable. VICINITY MAP I- = 20W' �i tdc�rte Y APP , JS. AREA SUMMARY: _ zot AREA IN LOTS. 2.9333 ACRES FREDET?/C SANA CO-RlTY DATE �� ze" ow S AREA IN RA. 0.3390 ACRES FREDERICK CO. SUBDMS/ N ADMINISTRATOR DATE /%-� - Zol'} TOTAL AREA: 3.2723 ACRES VA. DEPIT Ofy 7RANSPORTA77ON DATE OWNER'S CERTIFICATE.• THE ABOVE AND FOREGOING SUBDMSION OF A PORTION OF THE LAND OF CORVAIR W/NCHESTER, LLC, AS APPEARS ON THIS PLAT, lS WITH THE FREE CONSENT AND IN ACCORDANCE WITH THE DESIRES OF THE UNDERSIGNED OWNERS, PROPRIETORS, AWDIARunm IF ANY. FOR., CORVAIR W/NC R, L BY COMMONWEALTH OF 1IRGINW CITY / COUNTY OF TO WIT - THE FOREGOING OWNER'S CERTIFICATE WAS ACKNOWLEDGED BEFORE ME THIS S DAY OF .�. 2Q_�S rT'• a '• MY'COMMISSION EXPIRES ) 20 / ( , ..,, -V REGISM77ON No. f; / NOTARY PUBLIC SURVEYOR'S CERTIFICATE.• 1 HEREBY CERTIFY THAT THE LAND CONTAINED IN THIS SUBDMSION IS A PORTION OF THE LAND CONVEYED TO CORVAIR WINCHESTER, LLC BY DEED DATED AUGUST 6, 2014 OF RECORD IN THE FREDERICK COUNTY CIRCUIT COURT CLERKS OFFICE AS INSTRUMENT No. 140006691. A CONSTRUCTION BOND IS TO BE POSTED FOR LOT CORNER MONUMENTAPON OF THIS SUBOMSION. I FURTHER CERTIFY THAT SHOULD MY SERVICES BE RETAINED FOR THE PURPOSE OF SETTING LOT CORNER MONUMENTS, S41D MONUMENTS WILL BE SET IN ACCORDANCE W17H FREDERICK COUNTY ZONING ORDINANCE SEC77ON 144-30. � of ERNEST S. HOLZ*VR LS &47E PARENT TAX PARCEL IDENTIFICATION TM. 55-((A))-206 9.1470 ACRES ZONE. RP USE. VACANT FINAL SUBDIVISION PLAT L YNNEHA VEN SECTION THREE - PHASE 3B RED BUD MAGISTERIAL DISTRICT - FREDERICK COUNTY WRG/N14 v tl�It5 LIC. N '1837 SCALE: NIA DATE. DECEMBER 8, 2014 GREENWAY ENGINEERING 151 Wurdy Hril Lane s Winchester, Vuginia 22602 SURF Telephone: (540) 662-4185 SUB 14-1 1 FAX (540) 722-9528 FTI85R SHEET 1 OF 8 Fo undk in 1971 www.greenwayeng.com AREA TABULATION TM. 55-((A))-206 LEGEND BRL = BUILDING RESMIC77ON LINE CIL = CENTERUNE R/W = RIGHT OF WAY DRAINAGE EASEMENT HEREBY DEDICATED WATER & SANITARY SEWER EASEMENT HEREBY DEDICATED SANITARY SEWER EASEMENT HEREBY DEDIC47ED 9.1470 AC. (ORIGINAL) —0.3390 AC. (R/W) —2. 9333 AC. (LOTS) 0 Q 5.8747 AC. RESIDUE in (BY SUBTRACTION)jr PROFFEf�' 1. A MONETARY CONTRIBUTION OF $3,378.31 PER LOT SHALL BE PAID TO THE TREASURER OF FREDERICK COUNTY PRIOR TO THE ISSUANCE OF THE INITWL BUILDING PERMITS FOR EACH LOT. NOTES 1. NO 717LE REPORT FURNISHED. EASEMENTS OTHER 7114N SHOWN MAY EXIST. 2. THE PROPERTY SHOWN HEREON LIES EN77RELY WITHIN ZONE X, AREAS DETERMINED TO BE OUTSIDE THE 0.2% ANNUAL CHANCE FLOOD PLAIN, PER N.FI.P. FLOOD INSURANCE RATE MAP No. 51069CO240D, DATED SEPTE'MBER 2, 2009. J. ALL 16 LOTS ARE SINGLE --FAMILY DETACHED URBAN, RP ZONING, AND MINIMUM LOT SIZE = IZOOO SO. FT, MINIMUM LOT WDTH AT SETBACK = 70' MINIMUM LOT WIDTH .AT ROAD R/W = 35' 4. SETBACKS PER FREDERICK COUNTY ZONING ORDINANCE 165-402.09-C. FRONT = 35' FROM ROAD R/W REAR = 25' SIDE = 10' 5. ALL LOTS ARE SUBJECT TO A 20' SLOPE, DRAINAGE, AND U77LTTY EASEMENT ALONG ALL STREET RIGHT-OF-WAY LINES AND A 10' DRAINAGE & UIXiTY EASEMENT ALONG ALL OTHER PROPEW LINES HEREBY RESERVED. 6. THE BOUNDARY SHOWN HEREON IS BASED DN A SEPTEMBER, 2007 FIELD SURVEY BY THIS FIRM AND ON SUBOMSION PLATS PREPARED BY THIS FIRM AND RECORDED AS INSTRUMENT Nos. 070011417, 070019473 AND 100002144. Z 714E SOURCE OR MERIDIAN FOR THE BOUNDARY SHOWN HEREON IS RECORDED AS INSTRUMENT NO 030007962 AMONG THE LAND RECORDS OF FREDERICK COUNTY, VIRGINIA. L YNNEHA VEN Pan °L SECTION THREE - PHASE 3B RED BUD AI400rRIAL DISTRICT - FREDERICK COUNTY WRGINIA V T SCALE. 1 " = 50' DATE. DECEMBER S, 2014 Lie. N . 1837 GREENWAY ENGINEERING & 151 Windy Hill Lane Engineers Wnchester, Yuginia M602 SUR su v"rs Telephone: (540) 662-4185 FAX, (540) 722-9528 SUB 14-11 in 1971 www.greenwayengcom 2185R SHEET 2 .r KEY MAP CD ` FIELDSr00NE 1 B tv SEC11000p56g7 2 x INS ZONGI E FAMILY 4 137 �y_L 5 USE RE IDENL 7 6 135 Z 8 c� 10 9 132 133 OUTLOT "E" l31 130 134 136 129 N 128 DRIVE 138 140 LANE 139 yn N sI-ET 161 � 4 � � 148 �i p 126 s 160 147 141 Z^ o W LYN 142 v E N SHEET 159 SECTION THREE Om PHASE 2 J o, sH 158 Wr INS ..1 f 00002144 sHEeT 145 144 y 157 152 151 r 156 153 104 103 102 �o TM: 55' ((A))-206 155 106 105 h S.F.C. PROPERTIES, L.L.C. °j INST.1 100002145 ZONE: RP 154 SEC110N THREE PHASE i 101 o, USE. VACANT INST.1 1 r 107 070011417 i (O �� 108ji 109 110 _ ''ppi TM: 55—((A))-2068 O i 111 �qT FREDERICK COUNTY SCHOOL BOARD i 112 INST.1 070019473 ZONE: RP ► 113 � �{, USE. PUBLIC SCHOOL V O . OUT 0 0- 0 60 61 EX. WOODROW RD 57 56 LYNNEHAVEN2 59 58 SEC77ON TWO PHASE 16 55 200 0 200 L IN5TY• t 46 40740026656 Jr4 GRAPH LE (IN FEM L YNNEHAVEN SECTION THREE - PHASE 3B RED BUD MAGISTERIAL DISTRICT - FREDERICK COUNTY. WRGIN14 SCALE.- I" = 200' 1 DATE.- DECEMBER 8, 2014 GREENWAY ENGINEERING 151 Windy Hill Lane Engineers Winchester•, Vuginia 22602 Surveyors Telephone_ (540) 662-4185 FAX (540) 722-9528 . fn 1971 www.greenwayeng.com 143 00+ Lic. Nc� 1837 14' WATER & / "+ SEE SHEET 5 SAN. SEW. ESMT. LOT 127 AND 10' GAS ESMT. / -� DEDICATED WITH l i C-2 o o PHASE JA�4 o / _ r N 30 1.10, �54` SEE SHEET 6 o ^,� LOT 162 10' $ I LOT 126 I I s 38 07' Q^, N 12908 S0. FT m 50 00' �n SEE SHEET 7 10' BRL LOT 163 _ N 38_.1 J o '44'07"W I ::•:;:_•:•p 150.00, J — 10' BRL I ;1`` j I i -- ZL W IJ WWI;fiii g m LOT 125 m 13 I j 12000 SO. FT. a . • J o `� "� 12 i ll `'. SEE SHEET 7 W - 10 N iu 2 i L ' BRL J LOT 164 W o N 38'44 07" W p c� Cc 150.00' rn vi 10' BRL Od - - m LOT 124 12000 S0. FT. N °S SEE SHEET 7 _10' BRL LOT lfi5 o o N 38'44'07" W 150.00, 10' BRL- $ m LOT 123 m o W l" 25.0' I N 12000 SO. FT. Lj ao %' SEE SHEET 7 10' BRL Q' I I I :;#:: CIOSEE 166 _ o — N 38'4407" �2S�F'Qip 150.00' V. yo 0 0� 39.03' I 50.00' o - - `�op iO�T I N 38'44'07' W W 55-((A))-206 _jp� I PROPOSED LYNNEHAVEN i SEC77ON THREE-PHASE 4 4 (S.F,C. PROPERTIES, L.L.C.) 2 (INST./ 100002145) E. 50 0 50 USE "u CRANT W z GRAPHIC SCALE (IN FEET) NOTE SEE SHEET 8 FOR CURVE TABLE AND EASEMENT TABLE INFORMATION. L YNNEHA VEV �AjT1f 0- SECTION THREE - PHASE 3B G RED BUD MAGISTERIAL DISTRICT - FREDERICK COUNTY VlRG/N/A V ERNE ST S. SCALE: 1 " = 50' DATE: DECEMBER 8, 2014 Lic. N ./ 1837 GREENWAY ENGINEERING 151 Windy Hill Lane Engineers Winchester, Virginia 22602 SURF' Surveyors Telephone: (540) 662-4185 FAX (540) 722-9528 SUB 14-1 1 ounde I in 1971 www.greenwayeng.com I 2185R SHEET 4 Of /zoo r E PWISE 3A LOT 127 0A � LOT 129 14745 SO. FT. o. 4\ f0' GAS ESMT. ¢\� RL DERGATED WITH 3j ! PHASE 3A 14 WA1ER & DEDICATED � i o - PHASE ,TA _� N �� �E7iAl�N DR. PHASE 3A 50' RA SEE SHEET 6 LOT 162 SEE SHEET 7 LOT 163 `� o 50 0 50 GRAPHIC SCALE (IN FEET) NOTE. SEE SHEET 8 FOR CURVE TABLE AND EASEMENT TABLE INFORMATION. L YNNEHA VEN SotiTH l SECTION THREE - PHASE 3B 7 BUD MAGISTERIAL DISTRICT — FREDERICK COUNTY VIRGINI4 ERNEST S. E. I" = 50' DATE- DECEMBER 8, 2014 Lie. No. 1837 GREENWAY ENGINEERING 151 Windy Hill Lane Engineers Winchester, Vuginia 22602 Su :,,7 sans Telephone: (540) 662-4185 FAX (540) 722-9528 SUB 14-11 'in 1971 www.greenwayeng.com I 2f85R SHEET 5 OF 8 O W N LYNNEHAVDV SECTION THREE-PHASE 2 \ INSTI 100002144 ZONE: RP ' USE: RES. — \ i ` PHASE 34 LOT 161 LOT 160 LOT 159 S 151'15:53" W 476.29' (TOT.) PHASE 3A ¢ x S 51'1553" W 154.29' LOT 131 rn\ — 25' BRL SEE SHEET 7 `% LOT 163 -- ` LOT 162 \ 15839 SO. FT. \ 1-'-S io, SANITARY SEWER ESMT. PHASE 3A -, • + K DEDICATED W17H LOT 130 s" m PHASE 3A DRAINAGE ESMT "� 'y�_�� \� DEDICATED WITH PHASE 3A PHASE 3A cs y o LOT 129 PHASE 34- LOT 128 , ' SEE SHEET 5 LOT 127 SEE SHEET 4 LOT 126 50 0 50 - GRAPHIC SCALE ' (IN FEET) NOTE.' SEE SHEET 8 FOR CURVE LE AND EASEMENT TABLE FORMA770N. LYNNEHAVEN NTH SECTION THREE - PHASE 3B I" = 50' DATE: DECEMBER 8, 2014 Uc. N6 1 37 GREENWAY ENGINEERING �Z �/X 151 Windy Hilt Lane 16 Engineers Winchester, Viigmia 22602 SURF SiW1' w s Telephone: (540) 662-4185 FAX (540) 722-9528 SUB 14-11 in 1971 www.greenwayengcom I 2185R SHEET 6 ............_ ,1r � 1- SEE SHEET s o -- tor 162 41 SANITARY SEWER ESMr. ` DRAWAGE ESW.. q� fts I IDEDICATED WITH PHASE MI ��.o�� S 38'44'07 E � 147.96 _ v r — 10' BRL N S Jr4 1107- -50. E 0 ti 2282 SO 1FT. MT. I� ri y 10' BRL S 38'44 07' E o i 150.00' 10' BRL— — LOT 164 �I c y 12WO SO. FT _10' im J N N S ,i8'44 07 E `f 3 150.00' —, a N w oo w 2i$4i ., LOT 165 J •� `�' y ' �� 12000 SO. FT. S MOW' E z y — 150.00'— — r BRL y O I LOT 166 12000 SQ. FT. I $ I r• 0 r— 10' �. — J 0 o N 38'44'07' W a 50.00 i 150.00' (N 38'44'07' W U 55-((A))-206 PROPOSED LYNNEHAVEN G , SECTION THREE --PHASE 4 -- (S (INs1 / 100002145).C.) ZONE: RP USE, VACANT 50 0 50 -+ GRAPHIC SCALE (IN FEET) NOTE. SEE SHEET 8 FOR CURVE TABLE AND EASEMENT TABLE INFORMATION. L YNNEHA VEN SECTION THREE - PHASE 3B RED BUD MAGISTERIAL DISTRICT - IWOERICK COUNTY V/RGINM V ERNEST RTH SCALE. I" - 50' DATE.• DECEMBER 8, 2014 Lic. No. 1837 GREENWAY ENGINEERING /2 yy 151 Wmdy 1fd1 Zone Engineers Winchester, Vugmw 22602 SUR Surveyors Telephone: (540) 662-4185 FAX (540) 722-9528 SUB 14-1 1 Foundk in 1971 www.greenwayeng.com 2185R SHEET 7 OF 8 CURVE TABLE CURIvE RADIUS DELTA ANGLE ARC LENGTH TANGENT CHORD BEARING . CHORD LENGTH C1 225.00' . 26'18" 33 14' 16.60' N 5529 02" E 33. I I' C2 225.00' 16'1650" 63.93 32.18 N 6750'37" E 63.72' C3 175.00' 56'4333' 173.26' 94.48' S 88'23'15" W 166.27' C4 175.00' 08'45 35" 26 76' 13.40' S 5536 41 " W 26.73' CS 1 200.00' 65'29 09" 228.59' 1 128.61 ' 1 S 84'00'27' W 216.35' EASEMENT LINE TABLE LINE BEARING DISTANCE EL 1 S 57' 16'09" W I 55.65' EL2 S 57*25 01 " W 68.23' L YNNEHAVEN - �'"12i "F�r SECTION THREE -- PHASE 38 RED BUD MAGISTERIAL DISTRICT — FREDERICK COUNTY V/RG/NG4 v gKST S. SCALE: NIA I DATE.• DECEMBER 8, 2014 Llc. N .' 1837 GREENWAY ENGINEERING 151 Windy Hill Lane �O Engineers Winchester, Virginia 22602 URA' Surveyors Telephone. (540) 662-4185 FAX (540) 722-9528 SUB 14-11 Foun .1971 www.greenwayeng.com 2i85R SHEET 8 OF 8 Q w cn VIRGUGA: FR.-:DERICK COUNTY.SM. This main inent of writing was produucul to/ thereon and with certi irate acknowledgement thereto annexed was admitted to record. raw imposed by Sec. 58.1-M of $ and 58.1-801 have been paid, if assessable. ' Clerk �!50003512 BRIEF DESCRIPTION OF PROPERTY: PLAT ATTACHED: PREPARED BY: TAX MAP PARCEL NO: PREPARED BY AND RETURN TO: CD SECTION THREE — PHASE 313, LYNNEHAVEN — RED BUD MAGISTERIAL DISTRICT (3.2723 ACRES) PLAT NO.2185R (SHEETS 1 through 8) GREENWAY ENGINEERING, INC. 55-((A))-206 McGuireWoods LLP One James Center 901 East Cary Street Richmond, Virginia 23219 Attention: Matthew P. Rash, Esq. VA Bar No. 68565 THIS DEED OF SUBDIVISION, DEDICATION, EASEMENT, AND SUPPLEMENTARY DECLARATION (the "Deed") is made as of March i-� 2015, by and between CORVAIR WINCHESTER, LLC, a Virginia limited liability company (hereinafter referred to as "Owner"), as prantor; the BOARD OF SUPERVISORS OF FREDERICK COUNTY, VIRGINIA, a body corporate and politic (he;einafter referred to as "County"), as grantee; the FREDERICK COUNTY SANITATION AUTHORITY, a body corporate and politic (hereinafter referred to as "FCSA"), as grantee; and LYNNEHAVEN HOMEOWNERS ASSOCIATION, INC_, a Virginia nonstock corporation formed pursuant to the Virginia Property Owners Association Act (hereinafter referred to as the "Association"), as grantee. RECITALS: A. The Owner is the owner of certain real property (the "Property"), as shown on plat number 2185R, dated December 8, 2014, titled "Final Subdivision Plat, Lynnehaven, Section Three — Phase 3B," and prepared by Greenway Engineering, Inc. of Winchester, Virginia, certified land surveyors (the "Plat") which Plat is attached hereto. 1 O til B. The Property is situated in Frederick County, Virginia; Owner having acquired the Property by deed recorded in as Instrument Number 140006691, among the land records of Frederick County, Virginia (the "Land Records") C. It is the desire and intent of Owner to subdivide the Property into lots and parcels, and a residue parcel, and to dedicate, grant, and convey for public use, the streets and thoroughfares in accordance with this Deed and the Plat. D. It is the desire and intent of Owner to grant and convey unto the County and unto FCSA, the easements in the locations as shown on the Plat and as hereinafter provided. E. It is the desire and intent of Owner to grant and convey unto the Association, the easements in the locations as shown on the Plat and as hereinafter provided. F. The Owner is the Declarant under the Declaration for Lynnehaven attached to a Deed of Dedication recorded among the Land Records as Instrument Number 030007982, as amended from time to time (the "Declaration'), and has acquired the Declarant rights of the original Declarant from Taylor -Grace, LLC, a Virginia limited liability company, as successor - by -merger to QR Development LLC, and from Richmond American Homes of Virginia, Inc., a Virginia corporation, by virtue of an Assignment of Declarant Rights recorded among the Land Records as Instrument Number 140006981, and from SFC Properties Reinstated, L.L.C., a Virginia limited liability company, by virtue of the quitclaim contained in the Special Warranty Deed recorded among the Land Records as Instrument Number 140006691, thereby becoming the sole Declarant. G. The Owner, as owner of the Property and as Declarant under the Declaration, desires to submit a portion of the Property to the terms and conditions of the Declaration, in accordance with Article XI, Section 8 of the Declaration. 2 H. The Property is subject to the lien of a deed of trust and the Beneficiary of such deed of trust has joined into this Deed to evidence its consent to such dedication. SUBDIVISION NOW THEREFORE WITNESSETH, in consideration of the premises and the sum of One Dollar ($1.00), cash in hand paid, receipt of which is hereby acknowledged, Owner hereby subdivides the Property containing 9.1470 acres, into ten (10) lots (comprising 2.9333 acres), to be known as Lots 123 through 127, inclusive, and Lots 162 through 166, inclusive, LYNNEHAVEN, Section Three — Phase 313, together with a residue parcel containing 5.8747 acres, in accordance with the Plat which is expressly incorporated herein and made a part of this Deed. STREET DEDICATION THIS DEED FURTHER WITNESSETH, that in consideration of the premises and the sum of One Dollar ($1.00) cash in hand paid, receipt of which is hereby acknowledged, Owner dedicates to the County the 0.3390 acres for public street purposes as so designated on the Plat. This dedication is, made in accordance with the statutes made and provided therefor. STORM DRAINAGE EASEMENTS THIS DEED FURTHER WTTNESSETH, that in consideration of the premises and the sum of One Dollar ($1.00), cash in hand paid, receipt of which is hereby acknowledged, Owner grants and conveys unto the Association, its successors and assigns, easements for the purpose of constructing, operating, maintaining, adding to, altering or replacing present or future stormwater management facilities, storm drainage lines, storm sewer lines, or other drainage structures, including building connection lines, plus all necessary inlet structures, manholes, and appurtenances for the collection of storm waters and its transmission through and across the said 3 property of Owner, said easements being more particularly bounded and described on the Plat, subject to the following conditions: 1. All sewers, manholes, inlet structures, and appurtenant facilities which are installed in the easements shall be and remain the property of the Association, its successors and assigns. 2. The Association and its agents shall have full and free use of said easements for the purposes named, and shall have all rights and privileges reasonably necessary to the exercise of the easements including the right of access to and from the casements and right to use adjoining land where necessary; provided, however, that this right to use adjoining land shall be exercised only during periods of actual construction or maintenance, and further, this right shall not be construed to allow the Association to erect any building or structure of a permanent nature on such adjoining land. 3. The Association shall have the right to trim, cut, and remove trees, shrubbery, fences, structures, or other obstructions or facilities in or near the casements being conveyed, deemed by it to interfere with the proper and efficient construction, operation, and maintenance of said easements; provided, however, that the Association, at its own expense, shall restore, as nearly as possible, the premises to their original condition Such restoration shall include the backfilling of trenches, the replacement of fences and shrubbery, the reseeding or resodding of lawns or pasture areas, and the replacement of structures and other facilities located outside the easements, but shall not include the replacement of structures, trees, or other facilities located within the easements. 4. Owner reserves the right to construct and maintain roadways over said casements to the extent not prohibited or restricted by ordinance and to make any use of the 2 co easements herein granted which may not be inconsistent with the rights herein conveyed, or interfere with the use of said easements by the Association for the purposes named; provided, however, that Owner shall not erect any building or other structure on the casements without obtaining the prior written approval of the County.. 5. The rights granted to the Association hereunder may also be exercised by the County, but the County shall have no obligation to exercise any such rights. WATER AND SEWER EASEMENTS THIS DEED FURTHER WITNESSETH, that in consideration of the premises and the sum of One Dollar ($1.00), cash in hand paid, receipt of which is hereby acknowledged, Owner grants and conveys unto FCSA, its successors and assigns with General Warranty of title, the easements as hereafter set forth in the respective locations as shown on the Plat, as follows (the "FCSA Easements"): A. Waterline Easements. Waterline and water meter easements for the purpose of constructing, operating, maintaining, adding to, altering or replacing present or future water mains, including fire hydrants, valves, meters, building service connections, and other appurtenant facilities for the transmission and distribution of water through, upon, and across the property of Owner, said easements being more particularly bounded and described on the Plat. B. Sanitary Sewer Easements. Easements for the purpose of constructing, operating, maintaining, adding to, altering or replacing present or future sanitary sewer lines, including building connection lines, sanitary lateral lines, manholes and all other appurtenant facilities necessary for the collection of sanitary sewage and its transmission through and across the property of Owner as shown on the Plat. The foregoing FCSA Easements are perpetual and are for the purposes of constructing, operating, maintaining, adding to, altering or replacing present or future water mains and sanitary 5 sewer lines, including, but not limited to, fire hydrants, valves, meters, building service connections and connection lines, sanitary lateral lines, manholes and other appurtenant facilities for the transmission and distribution of water and the collection of sanitary sewage and its transmission through, upon and across the Property. Said FCSA Easements are more particularly bounded and described on the Plat and include FCSA's right to go on, over and upon said FCSA Easements for the aforesaid purposes. The foregoing FCSA Easements granted to FCSA are subject to the following rights and conditions: 1. All water mains, sewer lines, and appurtenant facilities which are installed in the FCSA Easements shall be and remain the property of FCSA, its successors and assigns. 2. FCSA and its agents shall have full and free use of said FCSA Easements for the purposes named herein, and shall have all rights and privileges reasonably necessary to the exercise of the FCSA Easements. In the event FCSA is unable reasonably to exercise the right of ingress and egress over the FCSA Easements, FCSA shall have the right of ingress and egress over the land of the Owner adjacent to such FCSA Easements in order to access the FCSA Easements; provided, however, that the right to use such adjoining land shall be exercised only during periods of actual construction or maintenance, and further, this right shall not be construed to allow FCSA to erect any building, structure or facilities on such adjoining land. 3. FCSA shall have the right to trim, cut, and remove trees, shrubbery, fences, structures, or other obstructions or facilities in or near the FCSA Easements being conveyed deemed by FCSA to interfere with the proper and efficient construction, operation, and maintenance of said water mains, sewer lines, and appurtenant facilities; provided, however, that FCSA, at its own expense, shall restore as nearly as possible, to their original condition all land 0 0 N O or premises included within or adjoining said FCSA Easements which are disturbed in any manner by the construction, operation, and maintenance of said water mains, sewer lines and appurtenant facilities. Such restoration shall include the backfilling of trenches and the re- seeding of lawns or pasture areas, but shall not include the replacement of structures, trees and other facilities located within the area of the FCSA Easements. 4. Owner shall retain the right to use the Property which is subject to the FCSA Easements conveyed herein in any manner that shall not be inconsistent with the rights herein conveyed to FCSA and that shall not injure or interfere with the use and enjoyment of said rights by FCSA; provided, however, that no building, structure or fence shall be erected over or on the FCSA Easements without obtaining the prior written approval of FCSA. Owner's right of use shall also include the ability of Owner to convey easements to other utilities as shown on the Plat, provided that no other utility shall be granted the right to use (nor shall use) any part of the area within the FCSA Easements for any purpose that will conflict with FCSA's use thereof, and further provided that any such utilities shall be installed in a manner which shall not be inconsistent with the rights herein conveyed to FCSA nor injure or interfere with the use and enjoyment of the aforementioned rights of FCSA. Other than as shown on the Plat, no other utility or party shall be permitted to install any underground facilities or change existing ground elevation or be granted the right to use (nor shall use) any part of the area within the FCSA Easements for any purpose or in any manner until after a review and a finding by the FCSA in writing that such use will not be in conflict with, injurious to, or interfere with the FCSA's use of the Easements for the purposes for which such FCSA Easements are granted herein. 7 In the event a use of any area within the FCSA Easements is approved by FCSA, but requires the relocation and/or the adjustment of the depth of the FCSA's water mains, sewer lines and/or appurtenant facilities, all costs required to accomplish such relocation or adjustment'shall be paid by Owner. 5. At such time as any portion of the area(s) within the FCSA Easements is accepted by the Commonwealth of Virginia or any appropriate agency thereof for maintenance into the state highway system, all easement rights acquired by the FCSA by this instrument in such area(s) shall cease and terminate, provided that the Commonwealth of Virginia or any appropriate agency thereof concurrently grants to the FCSA all necessary permits or easements for the continued operation, maintenance, inspection, repair and replacement of its water mains, sewer lines and appurtenant facilities in said location. 6. Owner covenants that it is seized of and has the right to convey said FCSA Easements and related rights and privileges, that the FCSA shall have quiet and peaceable possession, use and enjoyment of the Easements and related rights and privileges, and that Owner shall execute such further assurances thereof as may be required. 7. in the event the FCSA notifies Owner (or its successors or assigns, as applicable) of a violation of the terms of these FCSA Easements and Owner (or its successors or assigns, as applicable) does not cure such violation within thirty (30) days of such notice, the FCSA may take such action as necessary to cure such violation, including ingress and egress over any portion of Owner's (or its successors' or assigns', as applicable) property deemed necessary by the FCSA to access the FCSA Easements or to enforce the FCSA's rights hereunder. All costs and expenses incurred by the FCSA in exercising or enforcing its rights hereunder shall be paid or, at the FCSA's election, reimbursed by Owner (or its successors or 8 assigns, as applicable), within thirty (30) days from the date Owner (or its successors or assigns, as applicable) receives a bill or invoice from the FCSA for such costs and expenses. If such costs and expenses are not paid within the thirty (30) day period referenced in the preceding sentence, all such costs and expenses shall immediately commence bearing interest at the then prevailing judgment rate of interest under the Virginia Code. The FCSA shall have the right to enforce the terms of these FCSA Easements by any remedy available at law or in equity. 8. If the FCSA is adjudicated the prevailing part in any judicial proceeding between the parties regarding enforcement of these. FCSA Easements, the FCSA shall be awarded its costs and expenses, including reasonable attorney's fees. 9. FCSA and Owner (or its successors or assigns, as applicable) acknowledge that the agreements and covenants stated herein are covenants running with the land which are and shall be binding upon Owner to the extent of Owner's interest in the areas represented by the FCSA Easements and are and shall be binding upon the Grantor's successors and assigns, as applicable, to the extent of such successors' and assigns' interest in the areas represented by the FCSA Easements. SUPPLEMENTARY DECLARATION THIS DEED FURTHER WITNESSETH, that the Owner, as both owner of the Property and as Declarant pursuant to the Declaration, subjects Lots 123 through 127, inclusive, and Lots 162 through 166, inclusive, LYNNEHAVEN, Section Three — Phase 3B, to the terms and conditions of the Declaration. MISCELLANEOUS 1. Headings used in this Deed are for convenience purposes only and are not intended to affect the express terms herein set forth. 9 0 N W 2. This Deed is made in accordance with the statutes made and provided in such cases, with the approval of the proper authorities of Frederick County, Virginia, as shown by the signatures affixed to the Plat and this Deed, as applicable, and is with the free consent and in accordance with the desire of Owner, as the owner and proprietor of the land depicted on the Plat. 3. The County accepts this Deed, by evidence of its signature on the Plat, for the purpose of accepting responsibility for all maintenance and other obligations assigned to or assumed by the County in connection with the public street dedication, as hereinbefore set forth. 4. FCSA accepts this Deed for the purpose of accepting responsibility for all maintenance and other obligations assigned to or assumed by the Authority in connection with the grants of the easements to the Authority, as hereinbefore set forth. 5. The undersigned warrants that this Deed is made and executed pursuant to authority properly granted by the articles of organization or operating agreement of the Owner. End of Instrument, Signature pages to follow. 10 N IN WITNESS WHEREOF, the parties have caused this Deed to be executed under seal. FURTHER WITNESS the following signatures and seals: CORVAIR WINCHESTER, LLC, a Virginia limited liability company . By: NVCommercial Real Estate Fund I GP, LLC a Delaware limited liability company, its Manager By: (SEAL) Name: Matthew Weber Title: Authorized Member COMMONWEALTH OF VIRGINIA, COUNTY OF FAIRFAX, to wit: 1, the undersigned Notary Public, in and for the jurisdiction aforesaid do hereby certify that Matthew Weber, as an Authorized Member of NVCommercial Real Estate Fund I GP, LLC, a Delaware limited liability company, as Manager of Corvair Winchester, LLC, a Virginia limited liability company, whose name is signed to the foregoing Deed, appeared before me and personally acknowledged the same in my jurisdiction aforesaid. GIVEN under my hand and seal this /Y day of �(�? �,_ 2015. CO 41 . r;c+ O . A 4 coy n expires: .ti..;� Zo My Notary Registration Number is: :7ys�s Yi [SIGNATURE PAGE TO THAT CERTAIN DEED OF SUBDIVISION, DEDICATION, EASEMENT AND SUPPLEMENTARY DECLARATION FOR LYNNEHAVEN, SECTION THREE—PHASE 3131 0 N UI FREDERICK COUNTY SANITATION AUTHORITY .7 By: % i Name: Uwe E. Weindel, PE Title: Engineer -Director COMMONWEALTH OF VIRGINIA, COUNTY OF FREDERICK, to wit: I, the undersigned Notary Public, in and for the jurisdiction aforesaid do hereby certify that Uwe E. Weindel, as Engineer -Director of FREDERICK COUNTY SANITATION AUTHORITY, whose name is signed to the foregoing Deed, appeared before me and personally acknowledged the same in my jurisdiction aforesaid on behalf of the Authority. GIVEN under my hand and seal this 103ay of oarCn 12015. I , Name n MM Commission expires: TASHEMA LAVONNE LONG NOTARY PUfLIC } REGISTRATION i 7265287 M Not Rem* tration Number is: COMMONWEALTH OF VIRGINIA lX n 5 hQ+^7 MY COMMISSION EXPIRES aLn , AUGUST 31. 2017 [SIGNATURE PAGE TO THAT CERTAIN DEED OF SUBDIVISION, DEDICATION, EASEMENT AND SUPPLEMENTARY DECLARATION FOR LYNNEHAVEN, SECTION THREE—PHASE 3B] 12 CONSENT TO DEED OF SUBDIVISION, DEDICATION, EASEMENT AND SUPPLEMENTARY DECLARATION The undersigned beneficiary under that certain Deed of Trust, Assignment of Leases and Rents, Security Agreement and Fixture Filing dated as of August 6, 2014, from Corvair Winchester, LLC, for the benefit of S.F.C. Properties Reinstated, L.L.C., recorded in the Land Records as Instrument Number 140006692 (the "Deed of Trust"), does hereby consent to the foregoing Deed of Subdivision, Dedication, Easement and Supplementary Dedication and subordinates the lien of the Deed of Trust to the street dedication and the easements described in the foregoing instrument. S.F.C. PROPERTIES REINSTATED, L.L.C., a Virginia limited liability company, formerly known as S.F.C. Properties, L.L.C. By: Springfield Management Services, Inc. Manager By: Paul E. Simonson, President STATE OF FLORIDA COUNTY OF LAKE I, a Notary Public in and for the jurisdiction aforesaid, do hereby certify that Paul E. Simonson, President of Springfield Management Services, Inc., as an Authorized Member of S.F.C. PROPERTIES REINSTATED, L.L.C., a Virginia limited liability company, personally appeared before me in said jurisdiction and acknowledged the foregoing instrument to be the act and deed thereof, and that by virtue of the authority conferred upon such member, executed and delivered the same as such for the purposes therein contained on behalf of the limited liability company. nn� WITNESS my hand and official seal this day of �'�tl� , 2015. Notary Public My Commission Expires: Notary Registration Number: ;� "I C�. Q �',��5s ERIN SIEGEL + Y. NoWy Pub k • MIS of Florida 1Ay Comm, Expires 1Ax 20.2018 Comm{sdon I FF 104706 650591881 13 COUNTY of FREDERICK Department of Planning and Development 540/ 665-5651 Fax: 540/ 665-6395 April 21, 2015 Michael Dell'lsola, P.E. Greenway Engineering 151 Windy Hill Lane Winchester, Virginia 22602 RE: Lynnehaven Section III, Phase 3B Final Plats Property Identification Number 55-A-206 RP (Residential Performance) Zoning District Dear Mr. Dell'lsola: This letter is to confirm that the plats for Lynnehaven Subdivision, Section III - Phase 3B have been approved. This plat allows for ten (10) single-family detached lots. The appropriate construction guarantee and deed of dedication have been received. Attached are two (2) copies of the approved plat for your records and distribution. Please return a copy of the recorded plat to this office If you have any questions, please call me at (540) 665-5651. Sincerely, Mark R. Cheran Zoning & Subdivision Administrator MRC/dw cc: Jason E. Ransom, Red Bud District Supervisor Christopher Mohn and Charles Dunlap, Red Bud District Planning Commissioners Jane Anderson, Real Estate Commissioner of Revenue Patrick Fly, GIS 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 a SUBDIVISION APPLICATION FREDERICK COUNTY, VIRGINIA - Office Use Only - Date: Application #: MDP: _yes no If no, has the MDP requirement been waived by the Planning Director?: _yes no If the MDP has been waived, fill in the following public meeting dates for the final plats: PC Meeting Date 8nS Meeting Date 1. Applicant: Name: Greenway Engineering, Inc Telephone: 540-662-4185 Address: 151 Windy Hill Lane Winchester, VA 22602 2. Property Owner (if different than above) Name: Corvair Winchester, LLC Telephone: 703-448-4309 Address: 8230 Leesburg Pike, Suite 620 Tysons Corner, VA 22182 3. Please list names of all owners, principals, and/or majority stockholders: Matt Weber 4. Contact person if other than above Name: Michael D. Dell'Isola, PE Telephone: 540-662-4185 5. Name of Proposed Subdivision: Lynnehaven Section Three Phase 313 6. Number of Lots: 10 7. Total Acreage: 9.1470 Acres 8. Property Location: Lynnehaven Drive off of Woodrow Road off of Channing Drive (Give State Route # and name, distance and direction from intersection) 7 r 9. 10. Magisterial District: Red Bud Property Identification Number (P.I.N.): 55-A-206 (Parent Tract) 11. Property zoning and present use: RP -Vacant 12. Adjoining property zoning and use: USE ZONING North Single -Family Residential RP East Single -Family Residential RP South Single -Family Residential RP West Single -Family Residential RP 13. Has a Master Development Plan been submitted for this project? II✓ Yes nNo 14. If yes, has the final MDP been approved by the Board of Supervisors? n✓ Yes IlNo 15. What was the Master Development Plan title? 16. Does the plat contain any changes from the approved MDP? Oyes Fie] No 17. If yes, specify what changes: 18. 19. Minimum Lot Size (smallest lot): 12,000 SF Number and types of housing units in this development: 10 single-family detached urban I h ave r ead t he m aterial i ncluded i n t his pa ckage a nd unde rstand w hat i s r equired b y t he Frederick C ounty P lannin Department. I also understand that all r equired material w ill be complete prior to the s ssion a plan. Signature: Date: 3/25/15 10 150003512 BRIEF DESCRIPTION OF PROPERTY: PLAT ATTACHED: PREPARED BY: TAX MAP PARCEL NO: PREPARED BY AND RETURN TO: CD SECTION 'THREE — PHASE 3B, LYNNEHAVEN — RED BUD MAGISTERIAL DISTRICT (3.2723 ACRES) PLAT NO.2185R (SHEETS 1 through 8) GREENWAY ENGINEERING, INC. 55-((A))-206 McGuireWoods LLP One James Center 901 East Cary Street Richmond, Virginia 23219 Attention: Matthew P. Rash, Esq. VA Bar No. 68565 THIS DEED OF SUBDIVISION, DEDICATION, EASEMENT, AND SUPPLEMENTARY DECLARATION (the "Deed") is made as of March % � 2015, by and between CORVAIR WINCHESTER, LLC, a Virginia limited liability company (hereinafter referred to as "Owner"), as antor; the BOARD OF SUPERVISORS OF FREDERICK COUNTY, VIRGINIA, a body corporate and politic (hereinafter referred to as "County"), as grantee; the FREDERICK COUNTY SANITATION AUTHORITY, a body corporate and politic (hereinafter referred to as "FCSA"), as grantee; and LYNNEHAVEN HOMEOWNERS ASSOCIATION, INC., a Virginia nonstock corporation formed pursuant to the Virginia Property Owners Association Act (hereinafter referred to as the "Association"), as grantee. RECITALS: A. The Owner is the owner of certain real property (the "Property"), as shown on plat number 2185R, dated December 8, 2014, titled "Final Subdivision Plat, Lynnehaven, Section Three — Phase 3B," and prepared by Greenway Engineering, Inc. of Winchester, Virginia, certified land surveyors (the "Plat") which Plat is attached hereto. I CO CA B. The Property is situated, in Frederick County, Virginia; Owner having acquired the Property by deed recorded in as Instrument Number 140006691, among the land records of Frederick County, Virginia (the "Land Records") C. It is the desire and intent of Owner to subdivide the Property into lots and parcels, and a residue parcel, and to dedicate, grant, and convey for public use, the streets and thoroughfares in accordance with this Deed and the Plat. D. It is the desire and intent of Owner to grant and convey unto the County and unto FCSA, the easements in the locations as shown on the Plat and as hereinafter provided. B. It is the desire and intent of Owner to grant and convey unto the Association, the easements in the locations as shown on the Plat and as hereinafter provided. F. The Owner is the Declarant under the Declaration for Lynnehaven attached to a Deed of Dedication recorded among the Land Records as Instrument Number 030007982, as amended from time to time (the "Declaration"), and has acquired the Declarant rights of the original Declarant from Taylor -Grace, LLC, a Virginia limited liability company, as successor - by -merger to QR Development LLC, and from Richmond American Homes of Virginia, Inc., a Virginia corporation, by virtue of an Assignment of Declarant Rights recorded among the Land Records as Instrument Number 140006981, and from SFC Properties. Reinstated, L.L.C., a Virginia limited liability company, by virtue of the quitclaim contained in the Special Warranty Deed recorded among the Land Records as Instrument Number 140006691, thereby becoming the sole Declarant. G. The Owner, as owner of the Property and as Declarant under the Declaration, desires to submit a portion of the Property to the terms and conditions of the Declaration, in accordance with Article XI, Section 8 of the Declaration. 2 H. The Property is subject to the lien of a deed of trust and the Beneficiary of such deed of trust has joined into this Deed to evidence its consent to such dedication. SUBDIVISION NOW THEREFORE WITNESSETH, in consideration of the premises and the sum of One Dollar ($1.00), cash in hand paid, receipt of which is hereby acknowledged, Owner hereby subdivides the Property containing 9.1470 acres, into ten (10) lots (comprising 2.9333 acres), to be known as Lots 123 through 127, inclusive, and Lots 162 through 166, inclusive, LYNNEHAVEN, Section Three — Phase 3B, together with a residue parcel containing 5.8747 acres, in accordance with the Plat which is expressly incorporated herein and made a part of this Deed. STREET DEDICATION THIS DEED FURTHER WTINESSETH, that in consideration of the premises and the sum of One Dollar ($1.00) cash in hand paid, receipt of which is hereby acknowledged, Owner dedicates to the County the 0.3390 acres for public street purposes as so designated on the Plat. This dedication is made in accordance with the statutes made and provided therefor. STORM DRAINAGE EASEMENTS THIS DEED FURTHER WITNESSETH, that in consideration of the premises and the sum of One Dollar ($1.00), cash in hand paid, receipt of which is hereby acknowledged, Owner grants and conveys unto the Association, its successors and assigns, easements for the purpose of constructing, operating, maintaining, adding to, altering or replacing present or future stormwater management facilities, storm drainage lines, storm sewer lines, or other drainage structures, including building connection lines, plus all necessary inlet structures, manholes, and appurtenances for the collection of storm waters and its transmission through and across the said 3 property of Owner, said easements being more particularly bounded and described on the Plat, subject to the following conditions: 1. All sewers, manholes, inlet structures, and appurtenant facilities which are installed in the easements shall be and remain the property of the Association, its successors and assigns. 2. The Association and its agents shall have full and free use of said easements for the purposes named, and shall have all rights and privileges reasonably necessary to the exercise of the easements including the right of access to and from the casements and right to use adjoining land where necessary; provided, however, that this right to use adjoining land shall be exercised only during periods of actual construction or maintenance, and further, this right shall not be construed to allow the Association to erect any building or structure of a permanent nature on such adjoining land. 3. The Association shall have the right to trim, cut, and remove trees, shrubbery, fences, structures, or other obstructions or facilities in or near the casements being conveyed, deemed by it to interfere with the proper and efficient construction, operation, and maintenance of said easements; provided, however, that the Association, at its own expense, shall restore, as nearly as possible, the premises to their original condition Such restoration shall include the backfilling of trenches, the replacement of fences and shrubbery, the reseeding or resodding of lawns or pasture areas, and the replacement of structures and other facilities located outside the easements, but shall not include the replacement of structures, trees, or other facilities located within the easements. 4. Owner reserves the right to construct and maintain roadways over said casements to the extent not prohibited or restricted by ordinance and to make any use of the 4 easements herein granted which may not be inconsistent with the rights herein conveyed, or interfere with the use of said easements by the Association for the purposes named; provided, however, that Owner shall not erect any building or other structure on the casements without obtaining the prior written approval of the County.. 5. The rights granted to the Association hereunder may also be exercised by the County, but the County shall have no obligation to exercise any such rights. WATER AND SEWER EASEMENTS THIS DEED FURTHER WITNESSETH, that in consideration of the premises and the sum of One Dollar ($1.00), cash in hand paid, receipt of which is hereby acknowledged, Owner grants and conveys unto FCSA, its successors and assigns with General Warranty of title, the easements as hereafter set forth in the respective locations as shown on the Plat, as follows (the "FCSA Easements"): A. Waterline Easements. Waterline and water meter easements for the purpose of constructing, operating, maintaining, adding to, altering or replacing present or future water mains, including fire hydrants, valves, meters, building service connections, and other appurtenant facilities for the transmission and distribution of water through, upon, and across the property of Owner, said easements being more particularly bounded and described on the Plat. B. Sanitary Sewer Easements. Easements for the purpose of constructing, operating, maintaining, adding to, altering or replacing present or future sanitary sewer lines, including building connection lines, sanitary lateral lines, manholes and all other appurtenant facilities necessary for the collection of sanitary sewage and its transmission through and across the property of Owner as shown on the Plat. The foregoing FCSA Easements are perpetual and are for the purposes of constructing, operating, maintaining, adding to, altering or replacing present or future water mains and sanitary 5 sewer lines, including, but not limited to, fire hydrants, valves, meters, building service connections and connection lines, sanitary lateral lines, manholes and other appurtenant facilities for the transmission and distribution of water and the collection of sanitary sewage and its transmission through, upon and across the Property. Said FCSA Easements are more particularly bounded and described on the Plat and include FCSA's right to go on, over and upon said FCSA Easements for the aforesaid purposes. The foregoing FCSA Easements granted to FCSA are subject to the following rights and conditions: 1. All water mains, sewer lines, and appurtenant facilities which are installed in the FCSA Easements shall be and remain the property of FCSA, its successors and assigns. 2. FCSA and its agents shall have full and free use of said FCSA Easements for the purposes named herein, and shall have all rights and privileges reasonably necessary to the exercise of the FCSA Easements. In the event FCSA is unable reasonably to exercise the right of ingress and egress over the FCSA Easements, FCSA shall have the right of ingress and egress over the land of the Owner adjacent to such FCSA Easements in order to access the FCSA Easements; provided, however, that the right to use such adjoining land shall be exercised only during periods of actual construction or maintenance, and further, this right shall not be construed to allow FCSA to erect any building, structure or facilities on such adjoining land. 3. FCSA shall have the right to trim, cut, and remove trees, shrubbery, fences, structures, or other obstructions or facilities in or near the FCSA Easements being conveyed deemed by FCSA to interfere with the proper and efficient construction, operation, and maintenance of said water mains, sewer lines, and appurtenant facilities; provided, however, that FCSA, at its own expense, shall restore as nearly as possible, to their original condition all land 2 0 N O or premises included within or adjoining said FCSA Easements which are disturbed in any manner by the construction, operation, and maintenance of said water mains, sewer lines and appurtenant facilities. Such restoration shall include the backfilling of trenches and the re- seeding of lawns or pasture areas, but shall not include the replacement of structures, trees and other facilities located within the area of the FCSA Easements. 4. Owner shall retain the right to use the Property which is subject to the FCSA Easements conveyed herein in any manner that shall not be inconsistent with the rights herein conveyed to FCSA and that shall not injure or interfere with the use and enjoyment of said rights by FCSA; provided, however, that no building, structure or fence shall be erected over or on the FCSA Easements without obtaining the prior written approval of FCSA. Owner's right of use shall also include the ability of Owner to convey easements to other utilities as shown, on the Plat, provided that no other utility shall be granted the right to use (nor shall use) any part of the area within the FCSA Easements for any purpose that will conflict with FCSA's use thereof, and further provided that any such utilities shall be installed in a manner which shall not be inconsistent with the rights herein conveyed to FCSA nor injure or interfere with the use and enjoyment of the aforementioned rights of FCSA. Other than as shown on the Plat, no other utility or party shall be permitted to install any underground facilities or change existing ground elevation or be granted the right to use (nor shall use) any part of the area within the FCSA Easements for any purpose or in any manner until after a review and a finding by the FCSA in writing that such use will not be in conflict with, injurious to, or interfere with the FCSA's use of the Easements for the purposes for which such FCSA Easements are granted herein. 7 In the event a use of any area within the FCSA Easements is approved by FCSA, but requires the relocation and/or the adjustment of the depth of the FCSA's water mains, sewer lines and/or appurtenant facilities, all costs required to accomplish such relocation or adjustment shall be paid by Owner. 5. At such time as any portion of the area(s) within the FCSA Easements is accepted by the Commonwealth of Virginia or any appropriate agency thereof for maintenance into the state highway system, all easement rights acquired by the FCSA by this instrument in such area(s) shall cease and terminate, provided that the Commonwealth of Virginia or any appropriate agency thereof concurrently grants to the FCSA all necessary permits or easements for the continued operation, maintenance, inspection, repair and replacement of its water mains, sewer lines and appurtenant facilities in said location. 6. Owner covenants that it is seized of and has the right to convey said FCSA Easements and related rights and privileges, that the FCSA shall have quiet and peaceable possession, use and enjoyment of the Easements and related rights and privileges, and that Owner shall execute such further assurances thereof as may be required. 7. In the event the FCSA notifies Owner (or its successors or assigns, as applicable) of a violation of the terms of these FCSA Easements and Owner (or its successors or assigns, as applicable) does not cure such violation within thirty (30) days of such notice, the FCSA may take such action as necessary to cure such violation, including ingress and egress over any portion of Owner's (or its successors' or assigns', as applicable) property deemed necessary by the FCSA to access the FCSA Easements or to enforce the FCSA's rights hereunder. All costs and expenses incurred by the FCSA in exercising or enforcing its rights hereunder shall be paid or, at the FCSA's election, reimbursed by Owner (or its successors or 8 C:) N N assigns, as applicable), within thirty (30) days from the date Owner (or its successors or assigns, as applicable) receives a bill or invoice from the FCSA for such costs and expenses. If such costs and expenses are not paid within the thirty (30) day period referenced in the preceding sentence, all such costs and expenses shall immediately commence bearing interest at the then prevailing judgment rate of interest under the Virginia Code. The FCSA shall have the right to enforce the terms of these FCSA Easements by any remedy available at law or in equity. 8. If the FCSA is adjudicated the prevailing part in any judicial proceeding between the parties regarding enforcement of these FCSA Easements, the FCSA shall be awarded its costs and expenses, including reasonable attorney's fees. 9. FCSA and Owner (or its successors or assigns, as applicable) acknowledge that the agreements and covenants stated herein are covenants running with the land which are and shall be binding upon Owner to the extent of Owner's interest in the areas represented by the FCSA Easements and are and shall be binding upon the Grantor's successors and assigns, as applicable, to the extent of such successors' and assigns' interest in the areas represented by the FCSA Easements. SUPPLEMENTARY DECLARATION THIS DEED FURTHER WITNESSETH, that the Owner, as both owner of the Property and as Declarant pursuant to the Declaration, subjects Lots 123 through 127, inclusive, and Lots 162 through 166, inclusive, LYNNEHAVEN, Section Three — Phase 3B, to the terms and conditions of the Declaration. MISCELLANEOUS 1. Headings used in this Deed are for convenience purposes only and are not intended to affect the express terms herein set forth. 9 C7 N CA) 2. This Deed is made in accordance with the statutes made and provided in such cases, with the approval of the proper authorities of Frederick County, Virginia, as shown by the signatures affixed to the Plat and this Deed, as applicable, and is with the free consent and in accordance with the desire of Owner, as the owner and proprietor of the land depicted on the Plat. 3. The County accepts this Deed, by evidence of its signature on the Plat, for the purpose of accepting responsibility for all maintenance and other obligations assigned to or assumed by the County in connection with the public street dedication, as hereinbefore set forth. 4. FCSA accepts this Deed for the purpose of accepting responsibility for all maintenance and other obligations assigned to or assumed by the Authority in connection with the grants of the easements to the Authority, as hereinbefore set forth. 5. The undersigned warrants that this Deed is made and executed pursuant to authority properly granted by the articles of organization or operating agreement of the Owner. End of Instrument, Signature pages to follow. 10 IN WITNESS WHEREOF, the parties have caused this Deed to be executed under seal. FURTHER WITNESS the following signatures and seals: CORVAIR WINCHESTER, LLC, a Virginia limited liability company By: NVCommercial Real Estate Fund I GP, LLC a Delaware limited liability company, its Manager By: (SEAL) Name: Matthew Weber Title: Authorized Member COMMONWEALTH OF VIRGINIA, COUNTY OF FAIRFAX, to wit: 1, the undersigned Notary Public, in and for the jurisdiction aforesaid do hereby certify that Matthew Weber, as an Authorized Member of NVCommercial Real Estate Fund I GP, LLC, a Delaware limited liability company, as Manager of Corvair Winchester, LLC, a Virginia limited liability company, whose name is signed to the foregoing Deed, appeared before me and personally acknowledged the same in my jurisdiction aforesaid. GIVEN under my hand and seal this /Y day of mk.).,l,_ 2015. CO�.,j� • i' it1:R .0miaY9s16n expires: My Notary Registration Number is: Name: [SIGNATURE PAGE TO THAT CERTAIN DEED OF SUBDIVISION, DEDICATION, EASEMENT AND SUPPLEMENTARY DECLARATION FOR LYNNEHAVEN, SECTION THREE—PHASE 3B] O N FREDERICK COUNTY SANITATION AUTHORITY By: , Name: Uwe E. Weindel, PE Title: Engineer -Director COMMONWEALTH OF VIRGINIA, COUNTY OF FREDERICK, to wit: 1, the undersigned Notary Public, in and for the jurisdiction aforesaid do hereby certify that Uwe E. Weindel, as Engineer -Director of FREDERICK COUNTY SANITATION AUTHORITY, whose name is signed to the foregoing Deed, appeared before me and personally acknowledged the same in my jurisdiction aforesaid on behalf of the Authority. GIVEN under my hand and seal this 1 Pday of 0QrC11 , 2015. M Commission expires: '7 My Notary Re i�stration Number is: TASNEMALAVONNELONG NOTARY PUBLIC REGISTRATION i 7265287 COMMONWEALTN OF VIRGINIA MY COMMISSION EXPIRES AUGUST 31. 2017 [SIGNATURE PAGE TO THAT CERTAIN DEED OF SUBDIVISION, DEDICATION, EASEMENT AND SUPPLEMENTARY DECLARATION FOR LYNNEHAVEN, SECTION THREE—PHASE 3B] 12 N CONSENT TO DEED OF SUBDIVISION, DEDICATION, EASEMENT AND SUPPLEMENTARY DECLARATION The undersigned beneficiary under that certain Deed of Trust, Assignment of Leases and Rents, Security Agreement and Fixture Filing dated as of August 6, 2014, from Corvair Winchester, LLC, for the benefit of S.F.C. Properties Reinstated, L.L.C., recorded in the Land Records as Instrument Number 140006692 (the "Deed of Trust"), does hereby consent to the foregoing Deed of Subdivision, Dedication, Easement and Supplementary Dedication and subordinates the lien of the Deed of Trust to the street dedication and the easements described in the foregoing instrument. S.F.C. PROPERTIES REINSTATED, L.L.C., a Virginia limited liability company, formerly known as S.F.C. Properties, L.L.C. By: Springfield Management Services, Inc. Manager By: Paul E. Simonson, President STATE OF FLORIDA COUNTY OF LAKE I, a Notary Public in and for the jurisdiction aforesaid, do hereby certify that Paul E. Simonson, President of Springfield Management Services, Inc., as an Authorized Member of S.F.C. PROPERTIES REINSTATED, L.L.C., a Virginia limited liability company, personally appeared before me in said jurisdiction and acknowledged the foregoing instrument to be the act and deed thereof, and that by virtue of the authority conferred upon such member, executed and delivered the same as such for the purposes therein contained on behalf of the limited liability company. WITNESS my hand and official seal this day of ty�tl , 2015. Notary Public My Commission Expires: O'� `2-0� \� Notary Registration Number: !�� � ZA "1 C�J 65059188_1 13 ERIN SIEGEL s$ { Notary Pu01k • Slate 01 1`I01Ida S !Ay Comm. Expkes gar 20. 2018 CommissIN a FF 104706 VICINITY MAP 1 " = 2000' SITE v 1 b HE QfM y `�4F�a� 1l1 APPROVA ,S: J ? AREA SUMMARY: ? "" AREA IN LOTS 2.9333 ACRES FREDER/C CQ - SANI A N AUMORITY DATE AREA IN R/W.• 0.3390 ACRES FREDERICK CO. SUBD/V/SI N ADMINISTRATOR DATE TOTAL AREA: 3.2723 ACRES VA. DEPr. OF TRANSPORTATION DATE OWNER'S CERTIFICATE - THE ABOVE AND FOREGOING SUBDIVISION OF A PORTION OF THE LAND OF CORVAIR WINCHESTER, LLC, AS APPEARS ON THIS PLAT, IS WITH THE FREE CONSENT AND /N ACCORDANCE WITH THE DESIRES OF THE UNDERSIGNED OWNERS, PROPRIETORS, AND TRUSTEES IF ANY. FOR: CORVAIR WINC ESTER, L BY.- COMMONWEALTH OF fORG/N/A CITY / COUNTY OF TO WIT. THE FOREGOING OWNERS CERTIFICATE WAS ACKNOWLEDGED BEFORE ME THIS S DAY OF 20 BY ...................... MY COMMISSION EXPIRES �-I "' ' REGISTRATION No.NOTARY PUBLIC SURVEYORS CERTIFICATE. I HEREBY CERTIFY THAT THE LAND CONTAINED IN THIS SUBDIVISION IS A PORTION OF THE LAND CONVEYED TO CORVAIR WINCHESTER, LLC BY DEED DATED AUGUST 6, 2014 OF RECORD IN THE FREDERICK COUNTY CIRCUIT COURT CLERKS OFFICE AS INSTRUMENT No. 140006691. A CONSTRUCTION BOND 1S TO BE POSTED FOR LOT CORNER MONUMENTARON OF THIS SUBDIVISION. I FURTHER CERTIFY THAT SHOULD MY SERVICES BE RETAINED FOR THE PURPOSE OF SETTING LOT CORNER MONUMENTS, SAID MONUMENTS WILL BE SET IN ACCORDANCE WITH FREDERICK COUNTY ZONING ORDINANCE SEC71ON 144-30. ERNEST S. HOLZWOR LS. IDATE PARENT TAX PARCEL IDENTIFICATION TM. 55—((A))-206 9.1470 ACRES ZONE. • RP USE. VACANT FINAL SUBDIVISION PLAT L YNNEHA VEN�H °F`j SECTION THREE - PHASE 3B RED BUD MAGISTERIAL DISTRICT — FREDERICK COUNTY, VIRGIN14 ER S L'IC. N ': 1837 �� SCALE. N/A I DATE. DECEMBER 8, 2014 GREENWAY ENGINEERING 151 Windy Hill Lane Engineers Winchester, Virginia 22602 SURF Surveyors Telephone: (540) 662-4185 SUB 14-11 FAX: (540) 722-9528 Foundi i in 1971 www.greenwayeng.com 2185R SHEET 1 OF 8 AREA TABULATION TM. 55-((A))-206 LEGEND SRL = BUILDING RESTRICTION LINE C/L = CENTERLINE R/W = RIGHT OF WAY DRAINAGE EASEMENT HEREBY DEDICATED WATER & SANITARY SEWER EASEMENT HEREBY DEDICATED SANITARY SEWER EASEMENT HEREBY DEDICATED 9.1470 AC. (ORIGINAL) —0.3390 AC. (R/W) —2.9333 AC. (LOTS) (10) 5.8747 AC. RESIDUE (BY SUBTRACTION) PROFFERS 1. A MONETARY CONTRIBUTION OF $3,378.31 PER LOT SHALL BE PAID TO THE TREASURER OF FREDERICK COUNTY PRIOR TO THE ISSUANCE OF THE INITIAL BUILDING PERMITS FOR EACH LOT. NOTES 1. NO TITLE REPORT FURNISHED, EASEMENTS OTHER THAN SHOWN MAY EXIST. 2. THE PROPERTY SHOWN HEREON LIES ENTIRELY WITHIN ZONE X, AREAS DETERMINED TO BE OUTSIDE THE 0.2% ANNUAL CHANCE FLOOD PLAIN, PER N. F LP. FLOOD INSURANCE RATE MAP No. 51069CO240D, DATED SEPTEMBER 2, 2009. J. ALL 16 LOTS ARE SINGLE-FAMILY DETACHED URBAN, RP ZONING, AND MINIMUM LOT SIZE = 12,000 SO. FT. MINIMUM LOT WIDTH AT SETBACK = 70' MINIMUM LOT WIDTH AT ROAD R/W = 35' 4. SETBACKS PER FREDERICK COUNTY ZONING ORDINANCE 165-402.09—C. FRONT = 35' FROM ROAD R/W REAR = 25' SIDE = 10' 5. ALL LOTS ARE SUBJECT TO A 20' SLOPE, DRAINAGE, AND UTILITY EASEMENT ALONG ALL STREET RIGHT—OF—WAY LINES AND A 70' DRAINAGE & UTILITY EASEMENT ALONG ALL OTHER PROPERTY LINES HEREBY RESERVED. 6. THE BOUNDARY SHOWN HEREON IS BASED ON A SEPTEMBER, 2007 FIELD SURVEY BY THIS FIRM AND ON SUBDNISION PLATS PREPARED BY THIS FIRM AND RECORDED AS INSTRUMENT Nos. 070011417, 07001947J AND 100002144. Z THE SOURCE OR MERIDIAN FOR THE BOUNDARY SHOWN HEREON IS RECORDED AS INSTRUMENT NO. 030007982 AMONG THE LAND RECORDS OF FREDERICK COUNTY, VIRGINIA. L YNNEHA VEN SECTION THREE - PHASE 3B RED BUD MAGISTERIAL DISTRICT — FREDERICK COUNTY VIRGINIA (L)6ERSel R SCALE.- 1" = 50' DATE. • DECEMBER 8, 2014 Lic. N . 1837 GREENWAY ENGINEERING & 4. 151 lzndy Hill Lane Engineers Winchester, Vurnia 22602 �U SUR�' Surveyors Telephone: (540) 662-4185 FAX- (540) 722-9528 SUB 14-1 1 ound in 1971 www.greenwayeng.eom 2185R SHEET 2 OF KEY MAP pSTONE B SECTIONOpp569� 1 M \ ry 04 2 P 3 c- IN ZS NGL� FAMILY 5 4 137 v\ 1 t1SE: RESiDENTIA 7 6 135 8 , \ c, . 1/1 9 131 132 133 OUTLOT E' _, 1 130 134 136 129 128 N \ N HpVE DRIVE 138 140 LYNNE 139 N SHEET 5F' 162 161 Q Q v 5 SHEET 148 S� e 147 141 160 o SHEET c� LYN E EN 142 u ti N SHEET 159 S SECTION 2REE �m O J 12 SHEET 158 1. INST.# 100002144 s SHEET 4, 145 SHEEET 16E 157 152 151 144 v SH ET k � 156 i f 153 104 103 102 +o TM: 55' ((A))-206 155 106 105 In S.F.C. PROPERTIES, L.L.C. LY E VEN INST # 100002145 ZONE.- RP 154 SECTION THREE USE. VACANT PHASE 1 10 1101 INST - � � 4j � 107 07001141417 01, a ��0 ' O i 108 109 �J 110 �JP' TM: 55--((A))-2068 FREDERICK COUNTY SCHOOL BOARD + 112 �S1 INST.I 070019473 ZONE.- RP USE.- PUBLIC SCHOOL CO oT e 60 61 EX. WOODROW 57 56 r,� LYNNEHAVEN ZZ 59 58 SEC77ON TWO 55 �y 200 0 200 PHASE 1 B -vim INST#: 040026656 54 o CRAPHIC SCALE 45 47 70 (IN FEET) L YNNEHA VEN SECTION THREE - PHASE 3B RED BUD MAGISTERIAL DISTRICT — FREDERICK COUNTY. ORGIN/A SCALE.- I" = 200' 1 DATE.- DECEMBER 8, 2014 GREENWAY ENGINEERING 151 Windy Hill Lane Engineers Winchester, Virginia 22602 Surveyors Telephone: (540) 662-4185 FAX..- (540) 722-9528 Uund in 1971 www.greenwayeng.com 143 TH o,, ERNEST S. H 6RTH Lic. N 1 837 q�D SUR���O SUB 14-11 2185R SHEET 3 OF 6 5 14' WATER & SEE SHEET 5 SAN. SEW. ESMT. LOT 127 AND 10' GAS ESMT. J J DEDICATED WITH PHASE 3A` N J0• l7¢g- K, 1 10, B ~ f I r1 1 I 2 I LOT 126 I 12908 50, FT I Fj I 10' BRLJ N 38'4407"_ W I BRL -yl —�—� Im 10, DWI �� �^ o LOT 125 mlQl 3 I 12000 SO. FT ;� W o g ti N 1 L 10' BRL J W^ a N 38 44 07" W 1 J p 150.00' Q ti 10' BRL g I m LOT 124 m I W N 12000 SO. FT BRL I o _ _10' N 38'4407" W u� O Z 150.00' 10' BRL g m LOT 123 m a W l 12000 SO. FT I 1 1 D' BRL N 38'44 0-'" W_ o - 150.00' 39.03' I 7R.• 55—((A))-206 PROPOSED LYNNEHAVEN SECTION THREE—PHASE 4 I! (S.F,C. PROPERTIES, LL.C) (INST.1 100002145) 0 SHE SEE SHEET 6 hv� LOT S 38414'07' SEE SHEET 7 LOT 16J �I\ 1 SEE SHEET 7 LOT 164 g 1" 3 SEE SHEET 7 °.� LOT 165 25.0' .. SEE SHEET 7 LOT 166 rn Itf- ° 50.00' ° - - N 38'44'07" W J� ' o W � o Lai � I 50 50ZONE. RP L, W USE: VACANT 2 Z GRAPHIC SCALE (IN FEET) NOTE' SEE SHEET 8 FOR CURVE TABLE AND EASEMENT TABLE INFORMATION. L YNNEHA VEN SECTION THREE - PHASE 3B RED BUD 44AGISTER14L DISTRICT - FREDERICK COUNTY. VIRGINA SCALE: 1 " = 50' 1 DATE.- DECE44BER 8, 2014 GREENWAY ENGINEERING 151 Windy Hill Lane Engineers Winchester, Virginia 22602 Surveyors Telephone: (540) 662-4185 FAX.- (540) 722-9528 ounde in 1971 www.greenwayeng.com TH pj� ERNES. S!�, R Lic. N837 4CTTT� 11 51� f' G 01) s �or9 PHASE 34 1y,5�� LOT Ise eoT B PHASE .3A LOr 127 sA 5 LOT 129 \ 14745 SO. FT % z o � 10' MS ESM7 f\ BRA DEDICATED W!M PHASE 3A 14' WATER do FSEW ESMT ICA i o PHASE 3A �— C5 ry LTIIINEHAVEN DR. PHASE JA 50' R,4 SEE SHEET 6 LOT 162 \ SEE SHEET 7 LOT 163 `� O �2 50 0 50 GRAPHIC SCALE (IN FEET) NOTE. SEE SHEET 8 FOR CURVE TABLE AND EASEMENT TABLE INFORMATION. L YNNEHA VEN NL,.a vF SECTION THREE - PHASE 3B RED BUD U401S WML DISTRICT — FREDERICK COUNTY WRGIN14 ERNEST S. y ALE: I" — 50' DATE. DECEMBER 8, 2014 Lie. No. 1837 GREENWAY ENGINEERING 151 Windy Hill Lane Engineers Winchester, ruwnfa 22602 SURF Surveyors Telephone: (540) 662-4185 FAX (540) 722-9528 SUB 14-1 1 in 1971 www.greenwayeng.comI 2185R SHEET 5 OF 8 C3 ^'1 1 ') I / i 4IP SEC77ON TREE PHASE 2 \ IN rl 100002144 ZONE. • RP ' �-- USE RES. — PHASE 3A LOT 161 LOT 160 LOT 159 S Is 1*15 53' W 476.29' (R7T.) el PHASE 3A g z S 51' 15 53' W 154.29' LOT 131 o+\-' C 2BRL — . SEE SHEET J % ctTp LOT 163 -- LOT 162 \ 15839 SO. FT. SANITARY SEWER ESMT. PHASE 3A • ai DEDICATED WITH LOT 130 \\`rs' a� 5 PHASE 3A DRAINAGE ESMT. DEDICATED WITH PHASE 3A PHASE 3A c's• h o LOT 129 PHASE 3A LOT 128 , ' SEE SHEET 5 LOT 127 SEE SHEET 4 � LOT 126 50 D 50 GRAPHIC SCALE (IN FEET) NOTE.• SEE SHEET 8 FOR CURVE LE AND EASEMENT TABLE L770N. LYNNEHAVEN SECTION THREE — PHASE 38 a SCAM 1 " = 50' 1 DATE: DECEMBER 8, 2014 lic. N6 1 3.7 GREENWAY ENGINEERING 151 Windy Hill Law Engineers Winchester, Vuginla 22602 SUR Surveyors Telephone. (540) 662-4185 FAX.., (540) 722-9528 SUB 14-11 o in 1971 www.greenwayeng.com 2185R SHEET 6 SEE SHEET 6 0 -- LOT 162 W N V c^ G3 a SANITARY SEWER ESMT.�,. o �+ DR4IA64CE ESMT. p -+ y ; I DEDIC470 W7H PHASE 3A N Is 38' 07' y� I50400- o Z � I ' v �ti y o 47 O W � 49 V z ' �, x N 38'44107' W C I I ct- :z I r — 10' BRLi I / I O n, 12282 SO. �' 8 to, m J o S 3844 07' E 150.00' _ _ r 10' BRL LOT 164 12000 SO. FT. r m $ t_ 10' BRL J `� S 38 44'07' E o 150.00' _ 10' BRL 4 LOT 165� o gZlZti� a 12000 SO. FT. r I $ t. .. W S 38-44 07' E ' —150.00' o — ro' BRL — - - LOT 166 N i 12000 50. FT. I $ 0 N 38_-4_4'07' W 150.00' 1M: 55-((A))-206 PROPOSED LYNNEMOV _ SEC1ON THREE-PMSE 4 - (S C.) (INST�{ 2145) ZONE: RP USE VACANT 50 0 50 GRAPHIC SCALE (IN FELT) NOTE. SEE SHEET 8 FOR CURVE TABLE AND EASEMENT TABLE INFORMATION. FINAL SUBDIVISION PLAT LYNNEHAVEN NTH °F�f SECTION THREE - PHASE 3B RED BUD MAGISTERIAL DISTRICT - FREDERICK COUNTY WRGINM v ERNEST 1H � SCALE. 1 " = 50' DATE.• DECEMBER 8, 2014 Lic. No. 1837 GREENWAY ENGINEERING t /2 y�y o� 151 Windy Hill Lane Engineers Wmchester, Vurnm 22602 SUR Surveyors Telephone: (540) 662-4185 FAX (540) 722-9528 SUB 14-1 1 FoundA in 1971 www.greenwayeng.com 2185R SHEET 7 OF 8 CURVE TABLE CURVE RADIUS DELTA ANGLE ARC LENGTH TANGENT CHORD BEARING. CHORD LENGTH C1 225.00' 08'26'18 33.14' 16.60' N 5579'02' E 33.I1' C2 225.00' 16'l6'S0" 63.93' 32.18' N 67'50'37' E 63.72' C3 175.00' 56'43 M* 173.26' 94.48' S 88'23'15' W 166.27' C4 175.00 08'45 35" 26.76' 13.40' S 55-36 41 " W 26.73' CS 200.00' 65'29 09' 228.59' 128.61 ' 1 S 84'00'27' W 216.35' EASEMENT LINE TABLE LINE BEARING DISTANCE EL 1 S 5716'09' W 55.65' EL2 I S 5725'01 " W 1 68.23' L YNNEHAVEN SECTION THREE -- PHASE 3B 9 BUD MAGISTERIAL DISTRICT - MEDERICK COUNTY VIRGINIA E.- N/A I DATE' DECEMBER 8, 2014 GREENWAY ENGINEERING 151 Windy Hill Lane Engineers Winchester, Virginia 22602 Surveyors Telephone. (540) 662-4185 FAX (540) 722-9528 in 1971 www.greenwayeng.com NTH o�y u OKST � Lic. N .' 1837 uR' SUB 14-11 2185R SHEET 8 OF 8 6 ca CA VINUI VIA: Ffi.-DERICK COUNTY.SCL This instrument of wriling was produced to me on - 4 ,. . at *' 14 A /K and with certificate acknowledgement thereto annexed was ad6tted to record. Tar imposed by Sec. 58.1-M of $ !11 and 58.1-WI have been paid, if assessable. 46,4 ) , clerk Pam Deeter From: Microsoft Outlook To: Redbud District Sent: Tuesday, April 28, 2015 2:05 PM Subject: Delivered: Lynnehaven Section III Phase 3B & Phase 4 final plat approval Your message has been delivered to the following recipients: Redbud District (redbud@fcva.us) <mailto:redbud@fcva.us> Subject: Lynnehaven Section III Phase 3B & Phase 4 final plat approval 41 COUNTY of FREDERICK Department of Planning and Development 540/ 665-5651 Fax: 540/ 665-6395 April 21, 2015 Michael Dell'Isola, P.E. Greenway Engineering 151 Windy Hill Lane Winchester, Virginia 22602 RE: Lynnehaven Section III, Phase 3B Final Plats Property Identification Number 55-A-206 RP (Residential Performance) Zoning District Dear Mr. Dell'lsola: This letter is to confirm that the plats for Lynnehaven Subdivision, Section III - Phase 3B have been approved. This plat allows for ten (10) single-family detached lots. The appropriate construction guarantee and deed of dedication have been received. Attached are two (2) copies of the approved plat for your records and distribution. Please return a copy of the recorded plat to this office If you have any questions, please call me at (540) 665-5651. Sincerely, Mark R. Cheran Zoning & Subdivision Administrator MRC/dw cc: ''Jason E. Ransom, Red Bud District Supervisor Christopher Mohn and Charles Dunlap, Red Bud District Planning Commissioners Jane Anderson, Real Estate Commissioner of Revenue Patrick Fly, GIS 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 44 COUNTY of FREDERICK Department of Planning and Development 540/ 665-5651 Fax: 540/ 665-6395 April 21, 2015 Michael Dell'lsola, P.E. Greenway Engineering 151 Windy Hill Lane Winchester, Virginia 22602 RE: Lynnehaven Section III, Phase 4 Final Plats Property Identification Number 55-A-206 RP (Residential Performance) Zoning District Dear Mr. Dell'lsola: This letter is to confirm that the plats for Lynnehaven Subdivision, Section III - Phase 4 have been approved. This plat allows for ten (10) single-family detached lots. The appropriate construction guarantee and deed of dedication have been received. Attached are two (2) copies of the approved plat for your records and distribution. Please return a copy of the recorded plat to this office If you have any questions, please call me at (540) 665-5651. Sincerely, Mark R. Cheran Zoning & Subdivision Administrator MRC/dw cc: ✓fason E. Ransom, Red Bud District Supervisor Christopher Mohn and Charles Dunlap, Red Bud District Planning Commissioners Jane Anderson, Real Estate Commissioner of Revenue Patrick Fly, GIS 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 -15 LYNNE AVEN SECT.3 PHASE 3A to Red Bud Sect. 4