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Home My WebLink AboutRaven Pointe Open Space Recorded Easements - BackfileCOUNTY of FREDERICK Department of Planning and Development 540/ 665-5651 Fax: 540/ 665-6395 July 13, 2016 Mr. Paul Heavner 118 Killaney Court Winchester, VA 22602 Re: Drainage and Tree Easement Dear Mr. Heavner: Fredrick County had received a complaint regarding concern over possible disturbance of the backyard drainage easement and tree easement on your property. Ben Whitlock Inspector II, Frederick County Public Works Department; met with you on July 5, 2016 in regards to the backyard drainage easement. He noted that no work was going on within the drainage easement. Please note that any alterations to the drainage easement have to be done via an engineered site plan approved by Frederick County. You cannot disturb or remove trees within the tree easement located in the rear of your property. I am enclosing for your records a copy of the recorded Deed of Easement for the tree save area. If you have any questions at all, please contact me at 540-665-5651. Sincerely, f Mark R. Cheran Zoning Administrator Enclosure MRC/dw cc: Thomas H. Riemer & Cammy Jackson, 112 Kinross Drive, Winchester, VA 22602 107 North Kent Street, Suite 202 * Winchester, Virginia 22601-5000 COMMONWEALTH OF VIRGINIA 11 PEDEPEKCnAT 8_'ri ii T A D r 1 rARITER: SOC REG: WEO TYPE: DE PAYMENT: FULL PAVMENT - TZ11MEN'T 0900OA269 BOOK: BASE. RECORDED: Of 114 lefP AT ir:t)7- 3RANTOR: CORNO.r4RTCTnPH;R : Cm -0 SPANTEE: REDEF-17".* 72U�JV. �JTPCTNTA EX: N FrT: i AXV mr, ADDRESS Y" OF �REDPPTrV rrjUNT�l [A SR - 2 4-.i RDurRIPTION 1: Sw n IQ PAGES: f ruP A 2. RAVEN POJNTE. SSEC 5. LOT 134A NAMES: n PnNSIDERATION: .00 A/vAll: .00 MAP: 646-3-5-!34 30i D-ID-1 14,50 14c.; Us 1. P I;)' TEHROGLKY TRST )'ND 5.00 +135 47F FEE TENDER---' . MQIJINT-i A -4TD: NOSE AMT KI CLERK OF COURT: REBECCA P. HOSAN 7 177�1 DC-18 (1/90) 090000368 CD co DEED OF EASEMENT Exempt from recordation taxes under §58.1-801 pursuant to Section 58.1-811(A)(3) THIS DEED OF EASEMENT, made and dated this day of 2008, by and between CHRISTOPHER CORNO AND SUSAN D. CORNO, party of the first part, hereinafter called the Grantor(s), and the COUNTY OF FREDERICK, VIRGINIA, ("County"), hereinafter called the Grantee. WITNESSETH: WHEREAS, Grantor(s) is the fee simple owner of a certain tract of land identified as Lot 134A, located in the Raven Pointe subdivision, Shawnee Magisterial District, Frederick County, Virginia, said property being more particularly described on Exhibit A, attached hereto and made a part hereof, (the "Property"); WHEREAS, a 7,113 square foot portion of the Property has forestal, natural, and scenic resources; WHEREAS, the aforesaid 7,113 square foot portion of the Property contains trees and other aesthetic features and is located within The Ravens development and is between residences in the RavenWing and Raven Pointe subdivisions; WHEREAS, in furtherance of the purposes of the Open Space Land Act, Title 10.1, Chapter 17 of the Code of Virginia, 1950, as amended, in order to protect woodland and other environmental features, the Grantor(s) is willing to grant a perpetual tree save easement ("Easement") over the Property, on the terms and conditions hereinafter set forth; and WHEREAS, the County is authorized by the Open Space Land Act to accept, hold, and administer easements, and possesses the authority to accept and is willing to accept the Easement under the terms and conditions hereinafter set forth; 0 N 00 -_J NOW THEREFORE, for good and valuable consideration, receipt of which all parties acknowledge, and in consideration of the mutual covenants, terms, conditions, and restrictions hereinafter set forth, the Grantor(s) hereby grants and conveys to the Grantee a perpetual tree save easement ("Easement") over the 7,113 square foot portion of the Property denoted by the designation "Raven Pointe Tree Save Easement" on the plat attached hereto. The Easement area, in conjunction with easement(s) of same name on adjacent properties, such easements collectively to be known as the "Raven Pointe Tree Save Easement" is hereby subject, in perpetuity, to the following terms, conditions, and restrictions: land. This Easement is perpetual. It is an easement in gross and runs with the 2. The Property shall not be divided or subdivided in any manner except for property line adjustments with other property subject to the Raven Pointe Tree Save Easement. 3. No permanent or temporary building or structure shall be erected or constructed on the portion of the Property denoted by the designation "Raven Pointe Tree Save Easement" on the plat attached hereto. 4. No grading or earth removal is permitted on the property if it will materially diminish or impair the conservation values protected by the Easement. 5. General Terms: (a) Although the Easement in gross will benefit the public in ways recited above, nothing herein shall be construed to convey a right to the public of access or use of the Property. The Grantor(s), its successors and assigns, retains the exclusive right to such access and use, subject to the terms of the Easement. (b) The Easement shall be construed to promote the purposes of the Virginia Open Space Land Act, the Virginia Conservation Easement Act, the Comprehensive Plan of Frederick County, and the conservation purposes of the Easement. si (c) If any provision of the Easement is determined to be invalid by a court of competent jurisdiction, the remainder of the Easement shall not be affected thereby. (d) The terms of the Easement shall inure to the benefit of, and be binding upon, the parties hereto, their agents, successors, and assigns. (e) The Grantee, by its execution of this Deed of Easement, does hereby accept the conveyance of the Easement as set forth herein. (f) The Grantee and its representatives may enter the property from time to time, upon 30 days written notice to the Grantor(s), for the sole purpose of inspections and enforcement of the terms of the Easement. (g) The Grantor(s), its successors and assigns shall notify the Grantee in writing within 60 days following any transfer or sale of the property. WITNESS the following signatures and seals: 0 CV co (.0 CHRISTOPHER CORNO B �kk 6 (SEAL) HOME OWNER (drantor) SUSAN D. CORNO c_(SEAL) HOME OWNER (Grantor) STATE OF VIRGINIA C-tT VCOUNTY OF , TO -WIT The foregoing document was acknowledged before me this 4zmay of 2008, by Christopher and Susan D. Como, Grantors. My Commission expires Caa f"Y PUBLIC MY 4 EALTH OF VIRGINIA U}Mlti JIM$1.2011 O N lS7 M CD COUNTY OF FREDERICK, VIRGINIA By-Q----Q (SEAL) Chairman, Board of Supervisors (Grantee) APPROVED AS TO FORM: Court A orney STATE OF VIRGINIA, At -Large CITY/COUNTY OF \,,At ,c�,esk,r , TO -WIT The foregoing document has acknowledged before me this day of Qr,��Gt� t , 200) ,'by � ;�,� 0, S \n c -ke ,who is the Chairman, Board of Supervisors, County of Frederick, Virginia, Grantee. My Commission expires k �-3a -aG to NOTARY PUBLIC JAY E. Tf985 Notary PubNC Coormwealth of vk9inia 7011423 men Upfres Nov 30. 2010 NOTES: 1. FREDERICK COUNTY PIN: 64G-3-5-134. G r"V 2. UNLESS OTHERWISE NOTED; EASEMENTS AND MERIDIAN SHOWN HEREIN ARE AS DEPICTED ON THE FIN& SUBDIVISION PLAT FOR RAVEN POINTE, SECTION 5 RECORDED WITH THE DEED OF DEDICATION AS INST _ #040014266. BOUNDARY OUTLINE IS BASED ON THE BOUNDARY LINE ADJUSTMENT PLAT RECORDED WITH THE DEED OF BOUNDARY LINE ADJUSTMENT AGREEMENT, INST #080003063; ALL AMONG THE LAND RECORDS OF FREDERICK COUNTY, VIRGINIA. 3. PURSUANT TO AN EXAMINATION OF HUD FLOOD INSURANCE RATE MAP, COMMUNITY PANEL NO.510063 0115 B WITH AN EFFECTIVE DATE OF JULY 17, 1978, THIS PROPERTY LIES IN ZONE "C" (AREAS OF MINIMAL FLOODING). 4. THIS PLAT WAS PREPARED WITHOUT BENEFIT OF A TITLE REPORT. LOT 11 LOT 136A 6, N I, -)3 \ �� 1 \ 7- o LOT 135A \ LOT 10 �I�/ , INST #080003064 rn 6 CP o I N� \ o. as � \LOT 134A Lp� INST #080003063 \ 0.2� LOT 9 \moo\c,'� \ \O - 'L TREE SAVE 56 \ r, \ �� 4,— 0 7 p� 1 "W �O�i6 LOT 133A N26*21'2 83.79' i \ \ INST #080003062 7 LOT 8 / \ \ LOT 132A LOT 7 RA BEN s �0T p 01N�E \ SEC wl N DB 9,;' �G 1 G SLOT 4\� R SECo40d 4966 APPROVAL: 45 `� 1N5� # FREDERICK COUNTY SUBDIVISION ADMINISTRATOR PLAT SHOWING TREE SAVE EASEMENT DAB z �� (1) RAVEN POINTE Pry, SECTION 5, LOT 134A G1�INSTRUMENT #080003063 SHAWNEE MAGISTERIAL DISTRICT S FREDERICK COUNTY, VIRGINIA SCALE: 1" = 60' DATE: NOV. 26, 2008 Patton Harris Rust & Associates Engineers. Surveyors. Planners. Landscape Architects. GRAPHIC SCALE'117 East Piccadilly Street 0 30 60 PH R+A Winchester, Virginia 22601 IN FEET) T 540.667.2139 1 inch = 60 ft. F 540.665.0493 SHEET 1 OF 1 CCU PHR+A qnm VIRGINIA: FREDERICK COUNTY-SCT. This instrumentofwriting was produced to me on -14 _y l at Z%7o � ?, and with certificate acknowlcd(,cment thereto annexed was admitted to record. Tax imposed by Sec. 58.1-802 of $ , and 58.1-801 have been paid, if assessable. 46e,4- , Clerk Mark Cheran From: dbowman@csv-inc.com Sent: Monday, December 15, 2008 2:29 PM To: 'Mark Cheran' Subject: RE: Meeting Hi Mark, I wanted to let you know that after some thought; I have decided to not sign the deed. I will agree (verbally) to not cut down any trees, but at this time do not feel comfortable signing the paperwork. Therefore, I don't think we need to keep our appointment for tomorrow. I appreciate your time and the opportunity I had to discuss this with you. Sincerely, Dana Dana Bowman, MA Chief Operating Officer Children's Services of Virginia, Inc. 311 Airport Road Winchester, VA 22602 540-667-0116 540-667-0174 fax -----Original Message ----- From: Mark Cheran [mailto:mcheran@co.frederick.va.us] Sent: Monday, December 15, 2008 8:27 AM To: dbowman@csv-inc.com Subject: RE: Meeting That would be no problem as you are cleaning up and doing maintenance of the area. As long as no trees are removed there should be no problems. I will be taking pictures now and in the spring so the folks behind you are kept honest. This should make life ease for all, see you Tuesday around 10:00..... Cheran From: dbowman@csv-inc.com [mailto:dbowman@csv-inc.com] Sent: Friday, December 12, 2008 1:06 PM To: 'Mark Cheran' Subject: RE: Meeting Hi Mark, Thank you for your time as well. I talked with my husband last night about the situation and he has a concern I thought I would mention to you. If he goes out to that property in the spring with a chainsaw to cut back the overgrowth of weeds and shrubs, are the neighbors behind us going to call the police? They are quick to do that or to report us to the homeowners association. Monday is a very busy day for me, Tuesday; I am available from 9:00-3:00. Thanks, Dana Bowman, MA Chief Operating Officer Children's Services of Virginia, Inc. 311 Airport Road Winchester, VA 22602 540-667-0116 540-667-0174 fax -----Original Message ----- From: Mark Cheran [mailto:mcheran@co.frederick.va.us] DEED OF EASEMENT Exempt from recordation taxes under §58.1-801 pursuant to Section 58.1-811(A)(3) THIS DEED OF EASEMENT, made and dated this day of 2008, by and between DANA L. DOYLE, party of the first part, hereinafter called the Grantor(s), and the COUNTY OF FREDERICK, VIRGINIA, ("County"), hereinafter called the Grantee. WITNESSETH: WHEREAS, Grantor(s) is the fee simple owner of a certain tract of land identified as Lot 136A, located in the Raven Pointe subdivision, Shawnee Magisterial District, Frederick County, Virginia, said property being more particularly described on Exhibit A, attached hereto and made a part hereof, (the "Property"); WHEREAS, a 3,506 square foot portion of the Property has forestal, natural, and scenic resources; WHEREAS, the aforesaid 3,506 square foot portion of the Property contains trees and other aesthetic features and is located within The Ravens development and is between residences in the RavenWing and Raven Pointe subdivisions; WHEREAS, in furtherance of the purposes of the Open Space Land Act, Title 10.1, Chapter 17 of the Code of Virginia, 1950, as amended, in order to protect woodland and other environmental features, the Grantor(s) is willing to grant a perpetual tree save easement ("Easement") over the Property, on the terms and conditions hereinafter set forth; and WHEREAS, the County is authorized by the Open Space Land Act to accept, hold, and administer easements, and possesses the authority to accept and is willing to accept the Easement under the terms and conditions hereinafter set forth; NOW THEREFORE, for good and valuable consideration, receipt of which all parties acknowledge, and in consideration of the mutual covenants, terms, conditions, and restrictions hereinafter set forth, the Grantor(s) hereby grants and conveys to the Grantee a perpetual tree save easement ("Easement") over the 3,506 square foot portion of the Property denoted by the designation "Raven Pointe Tree Save Easement" on the plat attached hereto. The Easement area, in conjunction with easement(s) of same name on adjacent properties, such easements collectively to be known as the "Raven Pointe Tree Save Easement" is hereby subject, in perpetuity, to the following terms, conditions, and restrictions: 1. This Easement is perpetual. It is an easement in gross and runs with the land. 2. The Property shall not be divided or subdivided in any manner except for property line adjustments with other property subject to the Raven Pointe Tree Save Easement. 3. No permanent or temporary building or structure shall be erected or constructed on the portion of the Property denoted by the designation "Raven Pointe Tree Save Easement" on the plat attached hereto. 4. No grading or earth removal is permitted on the property if it will materially diminish or impair the conservation values protected by the Easement. General Terms: (a) Although the Easement in gross will benefit the public in ways recited above, nothing herein shall be construed to convey a right to the public of access or use of the Property. The Grantor(s), its successors and assigns, retains the exclusive right to such access and use, subject to the terms of the Easement. (b) The Easement shall be construed to promote the purposes of the Virginia Open Space Land Act, the Virginia Conservation Easement Act, the Comprehensive Plan of Frederick County, and the conservation purposes of the Easement. (c) If any provision of the Easement is determined to be invalid by a court of competent jurisdiction, the remainder of the Easement shall not be affected thereby. (d) The terms of the Easement shall inure to the benefit of, and be binding upon, the parties hereto, their agents, successors, and assigns. (e) The Grantee, by its execution of this Deed of Easement, does hereby accept the conveyance of the Easement as set forth herein. (f) The Grantee and its representatives may enter the property from time to time, upon 30 days written notice to the Grantor(s), for the sole purpose of inspections and enforcement of the terms of the Easement. (g) The Grantor(s), its successors and assigns shall notify the Grantee in writing within 60 days following any transfer or sale of the property. WITNESS the following signatures and seals: DANA L. DOYLE By HOME OWNER (Grantor) STATE OF VIRGINIA CITY/COUNTY OF , TO -WIT The foregoing document was acknowledged before me this day of , 2008, by DANA L. DOYLE, Grantor. My Commission expires NOTARY PUBLIC (SEAL) COUNTY OF FREDERICK, VIRGINIA a (SEAL) Chairman, Board of Supervisors (Grantee) County Attorney STATE OF VIRGINIA, At -Large CITY/COUNTY OF , TO -WIT The foregoing document was acknowledged before me this , 2008, by , Board of Supervisors, County of Frederick, Virginia, Grantee. My Commission expires NOTARY PUBLIC day of who is the Chairman, CURVE TABLE CURVE RADIUS DELTA LENGTH TANGENT BEARING CHORD C1 325.00' 6°56'30- 39.38' 19.71' S40°10'27-E 39.35' NOTES: 1. FREDERICK COUNTY PIN: 64G-3-5-136. 2. UNLESS OTHERWISE NOTED; EASEMENTS AND MERIDIAN SHOWN HEREIN ARE AS DEPICTED ON THE FINAL SUBDIVISION PLAT FOR RAVEN POINTE, SECTION 5 RECORDED WITH THE DEED OF DEDICATION AS INST #040014266. BOUNDARY OUTLINE IS BASED ON THE BOUNDARY LINE ADJUSTMENT PLAT RECORDED WITH THE DEED OF BOUNDARY LINE ADJUSTMENT AGREEMENT, INST #080003065; ALL AMONG THE LAND RECORDS OF FREDERICK COUNTY, VIRGINIA. 3. PURSUANT TO AN EXAMINATION OF HUD FLOOD INSURANCE RATE MAP, COMMUNITY PANEL NO.510063 0115 B WITH AN EFFECTIVE DATE OF JULY 17, 1978, THIS PROPERTY LIES IN ZONE "C" (AREAS OF MINIMAL FLOODING). 4. THIS PLAT WAS PREPARED WITHOUT BENEFIT OF A TITLE REPORT. LOT 138 I I ' LOT 12 RAVEN POINTE' , , ' SECTION 5 LOT 137A ' INST #080003066 ��o 0 LOT 11 INST #080003065 \:01 a1 m� i°\w F rn cP 2 +�8 tit 00 LOT 135A \ LOT 10 J , INST #080003064 _-- o, co my I 9 \� cJo n m ► �O LOT 134A LOT 9 --- \ u, / LOT 133A -A �A APPROVAL: U' ' `; / ' ' \ FREDERICK COUNTY SUBDIVISION ADMINISTRATOR DATE GRAPHIC SCALE 0 30 60 120 ( IN FEET ) 1 inch = 60 ft. 0 PHR+A 9nnR LOT 136A \ v CORY M. HAYNES :P' No. 2539 «�26�08 sup '� 04 N PLAT SHOWING TREE SAVE EASEMENT RAVEN POINTE SECTION 5, LOT 136A INSTRUMENT #080003065 SHAWNEE MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA SCALE: 1" = 60' DATE: NOV. 26, 2008 Patton Harris Rust & Associates Engineers. Surveyors. Planners. Landscape Architects. 117 East Piccadilly Street P HFA+F Winchester, Virginia 22601 T 540.667.2139 540.665.04930493 SHEET 1 OF 1 CURVE TABLE CURVE RADIUS DELTA LENGTH TANGENT BEARING CHORD C1 325,00' 6°56'30' 39,38' 19.71' S40'10'27'E 39.35' NOTES: 1. FREDERICK COUNTY PIN: 64G-3-5-136. 2. UNLESS OTHERWISE NOTED; EASEMENTS AND MERIDIAN SHOWN HEREIN ARE AS DEPICTED ON THE FINAL SUBDIVISION PLAT FOR RAVEN POINTE, SECTION 5 RECORDED WITH THE DEED OF DEDICATION AS INST #040014266. BOUNDARY OUTLINE IS BASED ON THE BOUNDARY LINE ADJUSTMENT PLAT RECORDED WITH THE DEED OF BOUNDARY LINE ADJUSTMENT AGREEMENT, INST #080003065; ALL AMONG THE LAND RECORDS OF FREDERICK COUNTY, VIRGINIA. 3. PURSUANT TO AN EXAMINATION OF HUD FLOOD INSURANCE RATE MAP, COMMUNITY PANEL NO.510063 0115 B WITH AN EFFECTIVE DATE OF JULY 17, 1978, THIS PROPERTY LIES IN ZONE "C" (AREAS OF MINIMAL FLOODING). 4. THIS PLAT WAS PREPARED WITHOUT BENEFIT OF A TITLE REPORT. ' LOT 138 LOT 12 ; ' RAVEN POINTE' , SECTION 5 LOT 137A \ INST #080003066 56 LOT 136A ono 00 z LOT 11 2 ' A , ,INST #080003065.1516 VIA 0010 M� 2 +'0 0 6 1 :p g156 S�` , LOT 135A \ ` LOT 10 J 1 INST #080003064 1 ' co my I �\ . - .� m LOT 134A -� Z / ` z O LOT 9 -0 Cr \ 020 LOT 133A -A APPROVAL: FREDERICK COUNTY SUBDIVISION ADMINISTRATOR DATE o GRAPHIC SCALE 30 60 12a I I ( IN FEET ) 1 inch = 60 ft. © PHR+A 2008 ELT H o � � v CORY M. HAYNES :P' No. 2539 1rA/0s suiO4 PLAT SHOWING TREE SAVE EASEMENT RAVEN POINTE SECTION 5, LOT 136A INSTRUMENT #080003065 SHAWNEE MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA SCALE: 1" = 60' DATE: NOV. 26, 2008 Patton Harris Rust & Associates Engineers. Surveyors. Planners. Landscape Architects PHFA117 East Piccadilly Street Winchester, Virginia 22601 T 540.667.2139 +F 54093.665.04930493 SHEET 1 OF 1 . CURVE TABLE CURVE RADIUS DELTA LENGTH TANGENT BEARING CHORD C1 325.00' 6-56'30- 39.38' 19.71' S40-10'27-E 39.35' NOTES: 1. FREDERICK COUNTY PIN: 64G-3-5-136. 2. UNLESS OTHERWISE NOTED; EASEMENTS AND MERIDIAN SHOWN HEREIN ARE AS DEPICTED ON THE FINAL SUBDIVISION PLAT FOR RAVEN POINTE, SECTION 5 RECORDED WITH THE DEED OF DEDICATION AS INST #040014266. BOUNDARY OUTLINE IS BASED ON THE BOUNDARY LINE ADJUSTMENT PLAT RECORDED WITH THE DEED OF BOUNDARY LINE ADJUSTMENT AGREEMENT, INST #080003065; ALL AMONG THE LAND RECORDS OF FREDERICK COUNTY, VIRGINIA. 3. PURSUANT TO AN EXAMINATION OF HUD FLOOD INSURANCE RATE MAP, COMMUNITY PANEL NO.510063 0115 B WITH AN EFFECTIVE DATE OF JULY 17, 1978, THIS PROPERTY LIES IN ZONE -C" (AREAS OF MINIMAL FLOODING). 4. THIS PLAT WAS PREPARED WITHOUT BENEFIT OF A TITLE REPORT. ' LOT 138 I � 1 RAVEN POINTE' , LOT 12 , SECTION 5 LOT 137A \ INST #080003066 53�1 48�� f 1 56 r LOT 1 AR LP w 11 tip 4? 00 aC17 LOT 11 2 ' rA r r INST #080003065 \•'cs: a� rn r 0.,M :p 15N 5� r LOT 135A \ LOT 10 J r INST #080003064 1 ' � ➢ I o 13 m coo �.) Nam+ LOT 134A \ �� 0G LOT 9 +-0 0�'� �' ' ' vU) UI oZ0,\ LOT 133A APPROVAL: FREDERICK COUNTY SUBDIVISION ADMINISTRATOR DATE GRAPHIC SCALE ,Za 1 1 ( IN FEET ) 1 inch = 60 ft. ELT H OF Ll v CORY M. HAYNES �P' No. 253 Lt�Zb �$ l Sua I� )x 0 9- PLAT SHOWING TREE SAVE EASEMENT RAVEN POINTE SECTION 5, LOT 136A INSTRUMENT #080003065 SHAWNEE MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA SCALE: 1" = 60' DATE: NOV. 26, 2008 Patton Harris Rust & Associates Engineers. Surveyors. Planners. Landscape Architects. 117 East Piccadilly Street P HPA+F Winchester, Virginia 22601 T 540.667.2139 540.665.04930493 SHEET 1 OF 1 PHR+A 9008 DEED OF EASEMENT Exempt from recordation taxes under §58.1-801 pursuant to Section 58.1-811(A)(3) THIS DEED OF EASEMENT, made and dated this !2 day of ,eD�� elkxal3,�4 , 2008, by and between LON T. KRAMER AND VALERIE H. KRAMER, parties of the first part, hereinafter called the Grantor(s), and the COUNTY OF FREDERICK, VIRGINIA, ("County"), hereinafter called the Grantee. WITNESSETH: WHEREAS, Grantor(s) is the fee simple owner of a certain tract of land identified as Lot 135A, located in the Raven Pointe subdivision, Shawnee Magisterial District, Frederick County, Virginia, said property being more particularly described on Exhibit A, attached hereto and made a part hereof, (the "Property"); WHEREAS, a 5,121 square foot portion of the Property has forestal, natural, and scenic resources; WHEREAS, the aforesaid 5,121 square foot portion of the Property contains trees and other aesthetic features and is located within The Ravens development and is between residences in the RavenWing and Raven Pointe subdivisions; WHEREAS, in furtherance of the purposes of the Open Space Land Act, Title 10.1, Chapter 17 of the Code of Virginia, 1950, as amended, in order to protect woodland and other environmental features, the Grantor(s) is willing to grant a perpetual tree save easement ("Easement") over the Property, on the terms and conditions hereinafter set forth; and WHEREAS, the County is authorized by the Open Space Land Act to accept, hold, and administer easements, and possesses the authority to accept and is willing to accept the Easement under the terms and conditions hereinafter set forth; NOW THEREFORE, for good and valuable consideration, receipt of which all parties acknowledge, and in consideration of the mutual covenants, terms, conditions, and restrictions hereinafter set forth, the Grantor(s) hereby grants and conveys to the Grantee a perpetual tree save easement ("Easement") over the 5,121 square foot portion of the Property denoted by the designation "Raven Pointe Tree Save Easement" on the plat attached hereto. The Easement area, in conjunction with easement(s) of same name on adjacent properties, such easements collectively to be known as the "Raven Pointe Tree Save Easement" is hereby subject, in perpetuity, to the following terms, conditions, and restrictions: 1. This Easement is perpetual. It is an easement in gross and runs with the land. 2. The Property shall not be divided or subdivided in any manner except for property line adjustments with other property subject to the Raven Pointe Tree Save Easement. 3. No permanent or temporary building or structure shall be erected or constructed on the portion of the Property denoted by the designation "Raven Pointe Tree Save Easement" on the plat attached hereto. 4. No grading or earth removal is permitted on the property if it will materially diminish or impair the conservation values protected by the Easement. 5. General Terms: (a) Although the Easement in gross will benefit the public in ways recited above, nothing herein shall be construed to convey a right to the public of access or use of the Property. The Grantor(s), its successors and assigns, retains the exclusive right to such access and use, subject to the terms of the Easement. (b) The Easement shall be construed to promote the purposes of the Virginia Open Space Land Act, the Virginia Conservation Easement Act, the Comprehensive Plan of Frederick County, and the conservation purposes of the Easement. (c) if any provision of the Easement is determined to be invalid by a court of competent jurisdiction, the remainder of the Easement shall not be affected thereby. (d) The terms of the Easement shall inure to the benefit of, and be binding upon, the parties hereto, their agents, successors, and assigns. (e) The Grantee, by its execution of this Deed of Easement, does hereby accept the conveyance of the Easement as set forth herein. (f) The Grantee and its representatives may enter the property from time to time, upon 30 days written notice to the Grantor(s), for the sole purpose of inspections and enforcement of the terms of the Easement. (g) The Grantor(s), its successors and assigns shall notify the Grantee in writing within 60 days following any transfer or sale of the property. WITNESS the following signatures and seals: LON T. KRAMER By a-s✓ _ (SEAL) HOIMC OWNER (Gra or) VALERIE H. KRAMER By C/ (SEAL) HOME O (Grantor) STATE OF VIRGINIA CITYfCOUNTY OF , TO -WIT The fore oing document was acknowledged before me this Ray of 2008, by LON T. KRAMER and VALERIE H. KRAMER, Grantor. 1 My Commission expires NOTARY UBLIC BEVMRLY N. DELUNGER N014RY ID # 331878 COMMONWEALTH OFIVIRGINIA W COMMISSION EXPIRES JULY 31.2011 COUNTY OF FREDERICK, VIRGINIA By-Q- -Q (SEAL) Chairman, Board of Supervisors (Grantee) APPROVED AS TO FORM: Aount�yey STATE OF VIRGINIA, At -Large CITY/COUNTY OF tincc , TO -WIT The foregoing documY"by was acknowledged before me this Q day of 20�AZCI 10 r ct who is the Chairman, Board of 9upervisors, County of Frederick, Virginia, Grantee. My Commission expires +�. rN — — JAY r. Notary Pubft Commonweoltn of V09hdo 70)1423 My Cr.r ,tom . v 30. "10 - 20 -_10 do N T Y PUBLIC NOTES: 1. FREDERICK COUNTY PIN: 64G-3-5-135. 2. UNLESS OTHERWISE NOTED; EASEMENTS AND MERIDIAN SHOWN HEREIN ARE AS DEPICTED ON THE FINAL SUBDIVISION PLAT FOR RAVEN POINTE, SECTION 5 RECORDED WITH THE DEED OF DEDICATION AS INST #040014266. BOUNDARY OUTLINE IS BASED ON THE BOUNDARY LINE ADJUSTMENT PLAT RECORDED WITH THE DEED OF BOUNDARY LINE ADJUSTMENT AGREEMENT, INST #080003064; ALL AMONG THE LAND RECORDS OF FREDERICK COUNTY, VIRGINIA. 3. PURSUANT TO AN EXAMINATION OF HUD FLOOD INSURANCE RATE MAP, COMMUNITY PANEL NO.510063 0115 B WITH AN EFFECTIVE DATE OF JULY 17, 1978, THIS PROPERTY LIES IN ZONE "C" (AREAS OF MINIMAL FLOODING). 4. THIS PLAT WAS PREPARED WITHOUT BENEFIT OF A TITLE REPORT. 1 LOT 138 I � ( I I LOT 12 � � r ' LOT 137A Yr 7-0 C s LOT 11 r can LOT 136A 70 r INST #080003065 �r , nm LA. O. *3, Z LOT 10 y6 r LOT 135A \ `:'A 5� %�%' INST #080003064 N tom, Onf TREE SAVE r, G OR, �� A62 LOT 134A \ �� INST #080003063 wo LOT 9 \ )q- 5, —A LOT 133A I LOT 8 APPR VAL' FREDERICK COUNTY SUBDIVISION ADMINISTRATOR DATEC �,j,TH OF Af o � � U CORY M. HAYNES 9 No. 2539 GRAPHIC SCALE ,za ( IN FEET ) 1 inch = 60 ft. PLAT SHOWING TREE SAVE EASEMENT RAVEN POINTE SECTION 5, LOT 135A INSTRUMENT #080003064 SHAWNEE MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA SCALE: 1" = 60' DATE: NOV. 26, 2008 Patton Harris Rust & Associates Engineers. Surveyors. Planners. Landscape Architects. 117 East Piccadilly Street PHPA+ Winchester, Virginia 22601 T 540.667.2139 F 54093.665.04930493 SHEET 1 OF 1 PHR+A 90OR 1 A COMMONWEALTH OF VIRGINIA DC-18 (1/90) r CD 0,90000363, .� LP DEED OF EASEMENT Exempt from recordation taxes under §58.1-801 pursuant to Section 58.1-81 l(A)(3) THIS DEED OF EASEMENT, made and dated this .�02 day of e s�s3E �2 , 2008, by and between LOB`: T. KRAMER AND VALERIE H. KRAMER, parties of the first part, hereinafter called the Grantor(s), and the COUNTY OF FREDERICK, VIRGINIA, ("County"), hereinafter called the Grantee. WITNESSETH: WHEREAS, Grantor(s) is the fee simple owner of a certain tract of land identified as Lot 135A, located in the Raven Pointe subdivision, Shawnee Magisterial District, Frederick County, Virginia, said property being more particularly described on Exhibit A, attached hereto and made a part hereof, (the "Property"); WHEREAS, a 5,121 square foot portion of the Property has forestal, natural, and scenic resources; WHEREAS, the aforesaid 5,121 square foot portion of the Property contains trees and other aesthetic features and is located within The Ravens development and is between residences in the RavenWing and Raven Pointe subdivisions; WHEREAS, in furtherance of the purposes of the Open Space Land Act, Title 10.1, Chapter 17 of the Code of Virginia, 1950, as amended, in order to protect woodland and other environmental features, the Grantor(s) is willing to grant a perpetual tree save easement ("Easement") over the Property, on the terms and conditions hereinafter set forth; and WHEREAS, the County is authorized by the Open Space Land Act to accept, hold, and administer easements, and possesses the authority to accept and is willing to accept the Easement under the terms and conditions hereinafter set forth; N NOW THEREFORE, for good and valuable consideration, receipt of which all parties acknowledge, and in consideration of the mutual covenants, terms, conditions, and restrictions hereinafter set forth, the Grantor(s) hereby grants and conveys to the Grantee a perpetual tree save easement ("Easement") over the 5,121 square foot portion of the Property denoted by the designation "Raven Pointe Tree Save Easement" on the plat attached hereto. The Easement area, in conjunction with easement(s) of same name on adjacent properties, such easements collectively to be known as the "Raven Pointe Tree Save Easement" is hereby subject, in perpetuity, to the following terms, conditions, and restrictions: land. This Easement is perpetual. It is an easement in gross and runs with the 2. The Property shall not be divided or subdivided in any manner except for property line adjustments with other property subject to the Raven Pointe Tree Save Easement. 3. No permanent or temporary building or structure shall be erected or constructed on the portion of the Property denoted by the designation "Raven Pointe Tree Save Easement" on the plat attached hereto. 4. No grading or earth removal is permitted on the property if it will materially diminish or impair the conservation values protected by the Easement. 5. General Terms: (a) Although the Easement in gross will benefit the public in ways recited above, nothing herein shall be construed to convey a right to the public of access or use of the Property. The Grantor(s), its successors and assigns, retains the exclusive right to such access and use, subject to the terms of the Easement. (b) The Easement shall be construed to promote the purposes of the Virginia Open Space Land Act, the Virginia Conservation Easement Act, the Comprehensive Plan of Frederick County, and the conservation purposes of the Easement. (c) if any provision of the Easement is determined to be invalid by a court of competent jurisdiction, the remainder of the Easement shall not be affected thereby. (d) The terms of the Easement shall inure to the benefit of, and be binding upon, the parties hereto, their agents, successors, and assigns. (e) The Grantee, by its execution of this Deed of Easement, does hereby accept the conveyance of the Easement as set forth herein. (f) The Grantee and its representatives may enter the property from time to time, upon 30 days written notice to the Grantor(s), for the sole purpose of inspections and enforcement of the terms of the Easement. (g) The Grantor(s), its successors and assigns shall notify the Grantee in writing within 60 days following any transfer or sale of the property. WITNESS the following signatures and seals: I IC�]►r 1�:\:�\1�1� By (SEAL) HOME -OWNER (Gra r) -- t - - 2 M► EI:_ 1/ By (SEAL) HOME OWNER (Grantor) STATE OF VIRGINIA GAY/COUNTY OF�� , TO -WIT The foregoing document was acknowledged before me this day of BLS 2008, by LON T. KRAMER and VALERIE H. KRAMER, Grantor. My Commission expires _7&t�te BEVERLY N. DELLINGER NOTARY ID # 331878 NOTARY PUBLIC COMMONWEALTH OF VIRGINIA MY COMMISSION EXPIRES JULY31,2011 CO N COUNTY OF FREDERICK, VIROINIA By \ (SEA) Chairman, Board of Supervisors (Grantee) APPROVED AS TO FORM: County Attorney STATE OF VIRGINIA, At -Large CITY/COUNTY OF �(; � e� , TO -WIT The foregoing document was acknowledged before me this C14 day of —V„ n � �C , 200 , y `7 c e., �,� , who is the Chairman, Board of S pervisors, County of Frederick, Virginia, Grantee. My Commission expires j j - 3o -ao to A F. ` f ju IWURY PUBLIC JAY E TIBBS Notary Public CoWWWWoolth of Virgoft 7011423 M1r C.or�tr�Nston Expires Nov 30, 2010 NOTES: 1. FREDERICK COUNTY PIN: 64G-3-5-135. 2. UNLESS OTHERWISE NOTED; EASEMENTS AND MERIDIAN SHOWN HEREIN ARE AS DEPICTED ON THE FINAL SUBDIVISION PLAT FOR RAVEN POINTE, SECTION 5 RECORDED WITH THE DEED OF DEDICATION AS INST #040014266. BOUNDARY OUTLINE IS BASED ON THE BOUNDARY LINE ADJUSTMENT PLAT RECORDED WITH THE DEED OF BOUNDARY LINE ADJUSTMENT AGREEMENT, INST #080003064; ALL AMONG THE LAND RECORDS OF FREDERICK COUNTY, VIRGINIA. 3. PURSUANT TO AN EXAMINATION OF HUD FLOOD INSURANCE RATE MAP, COMMUNITY PANEL NO.510063 0115 B WITH AN EFFECTIVE DATE OF JULY 17, 1978, THIS PROPERTY LIES IN ZONE "C" (AREAS OF MINIMAL FLOODING). 4. THIS PLAT WAS PREPARED WITHOUT BENEFIT OF A TITLE REPORT. LOT 138 � I LOT 12 � � 1 ' LOT 137A I No i - - ' NI 7- p fp LOT 11 U) 1 LOT 136A I ' Z INST #080003065 \ r^ 2 —' S'0 N O. �zZ 1 N \ Ne Z VA 6 , LOT 135A \ ` A `ro�� LOT 10 y�5 �Vp INST #080003064 N as , n6. \ � 'L 0, TREE SAVE r, � (;� _ — — —Co- ESMT \ o-\ t3- �� 62 LOT 134A \ 7� 1 6 4;6 \ INST #080003063 LOT 9 \ � Y \ I- � LOT 133A LOT 8 APPROVAL: EDERICK COUNTY SUBDIVISION ADMINISTRATOR DATE S rNo. H OF . HAYNES 9 2539 GRAPHIC SCALE 120 �4gV°4 ( IN FEET ) 1 inch = 60 ft. PLAT SHOWING TREE SAVE EASEMENT RAVEN POINTE SECTION 5, LOT 135A INSTRUMENT #080003064 SHAWNEE MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA SCALE: 1" = 60' DATE: NOV. 26, 2008 Patton Harris Rust & Associates Engineers. Surveyors. Planners. Landscape Architects. 117 East Piccadilly Street PHBA+F Winchester, Virginia 22601 T 540.667.2139 540.665.04930493 SHEET 1 OF 1 M J FI En W LO N W Y O i r 0 I to N CO PHRa-A 9MR I VIRGINIA: FREDERICK COUNTUCT. This instrument of writing was produced to meMon � 1 -(� at - and with certificate acknowledgement thereto annexed wasladmitted to record. Tax imposed by Sec. 58.1-802 of $ "' , and 58.1-801 have been paid, if assessable. 4Bea- , Clerk I have decided to decline signing the tree save deed of easement at this time for 122 Killaney Court. Owner: Car i L. 56a 6 L irf Thank You '�?a J" j --&/4� STATE OF VIRGINIA CITY OF WINCHESTER, TO -WIT The foregoing document was acknowledged before me this 22nd day of December, 2008, by Carl L. Stubbert, Grantor. My Commission Expires July 31, 2011. NOT Y PUBLIC AW iot't£hinr 5�211dX�NOIS41WW0� VINMIA d0 H1Td3MNONW00 onand �)AVJ ON 919 t£8 � 41 A&ION 83ONMI 'H k1dw DEED OF EASEMENT Exempt from recordation taxes under §58.1-801 pursuant to Section 58.1-811(A)(3) THIS DEED OF EASEMENT, made and dated this day of 2008, by and between CARL AND ELENA STUBBERT, party of the first part, hereinafter called the Grantor(s), and the COUNTY OF FREDERICK, VIRGINIA, ("County"), hereinafter called the Grantee. WITNESSETH• WHEREAS, Grantor(s) is the fee simple owner of a certain tract of land identified as Lot 132A, located in the Raven Pointe subdivision, Shawnee Magisterial District, Frederick County, Virginia, said property being more particularly described on Exhibit A, attached hereto and made a part hereof, (the "Property"); WHEREAS, a 5,007 square foot portion of the Property has forestal, natural, and scenic resources; WHEREAS, the aforesaid 5,007 square foot portion of the Property contains trees and other aesthetic features and is located within The Ravens development and is between residences in the RavenWing and Raven Pointe subdivisions; WHEREAS, in furtherance of the purposes of the Open Space Land Act, Title 10.1, Chapter 17 of the Code of Virginia, 1950, as amended, in order to protect woodland and other environmental features, the Grantor(s) is willing to grant a perpetual tree save easement ("Easement") over the Property, on the terms and conditions hereinafter set forth; and WHEREAS, the County is authorized by the Open Space Land Act to accept, hold, and administer easements, and possesses the authority to accept and is willing to accept the Easement under the terms and conditions hereinafter set forth; NOW THEREFORE, for good and valuable consideration, receipt of which all parties acknowledge, and in consideration of the mutual covenants, terms, conditions, and restrictions hereinafter set forth, the Grantor(s) hereby grants and conveys to the Grantee a perpetual tree save easement ("Easement") over the 5,007 square foot portion of the Property denoted by the designation "Raven Pointe Tree Save Easement" on the plat attached hereto. The Easement area, in conjunction with easement(s) of same name on adjacent properties, such easements collectively to be known as the "Raven Pointe Tree Save Easement" is hereby subject, in perpetuity, to the following terms, conditions, and restrictions: land. 1. This Easement is perpetual. It is an easement in gross and runs with the 2. The Property shall not be divided or subdivided in any manner except for property line adjustments with other property subject to the Raven Pointe Tree Save Easement. 3. No permanent or temporary building or structure shall be erected or constructed on the portion of the Property denoted by the designation "Raven Pointe Tree Save Easement" on the plat attached hereto. 4. No grading or earth removal is permitted on the property if it will materially diminish or impair the conservation values protected by the Easement. 5. General Terms: (a) Although the Easement in gross will benefit the public in ways recited above, nothing herein shall be construed to convey a right to the public of access or use of the Property. The Grantor(s), its successors and assigns, retains the exclusive right to such access and use, subject to the terms of the Easement. (b) The Easement shall be construed to promote the purposes of the Virginia Open Space Land Act, the Virginia Conservation Easement Act, the Comprehensive Plan of Frederick County, and the conservation purposes of the Easement. (c) If any provision of the Easement is determined to be invalid by a court of competent jurisdiction, the remainder of the Easement shall not be affected thereby. (d) The terms of the Easement shall inure to the benefit of, and be binding upon, the parties hereto, their agents, successors, and assigns. (e) The Grantee, by its execution of this Deed of Easement, does hereby accept the conveyance of the Easement as set forth herein. (f) The Grantee and its representatives may enter the property from time to time, upon 30 days written notice to the Grantor(s), for the sole purpose of inspections and enforcement of the terms of the Easement. (g) The Grantor(s), its successors and assigns shall notify the Grantee in writing within 60 days following any transfer or sale of the property. WITNESS the following signatures and seals: CARL STUBBERT By (SEAL) HOME OWNER (Grantor) ELENASTUBBERT By (SEAL) HOME OWNER (Grantor) STATE OF VIRGINIA CITY/COUNTY OF , TO -WIT The foregoing document was acknowledged before me this day of , 2008, by CARL AND ELENA STUBBERT, Grantor. My Commission expires NOTARY PUBLIC COUNTY OF FREDERICK, VIRGINIA By (SEAL) Chairman, Board of Supervisors (Grantee) APPROVED AS TO FORM: County Attorney STATE OF VIRGINIA, At -Large CITY/COUNTY OF , TO -WIT The foregoing document was acknowledged before me this , 2008, by Board of Supervisors, County of Frederick, Virginia, Grantee. My Commission expires NOTARY PUBLIC day of who is the Chairman, CURVE TABLE CURVE RADIUS DELTA LENGTH TANGENT BEARING CHORD C1 35.00' 47'36'41" 29.08' 15.44' S19'50'22"E 28.25' C2 54.00' 36'22'05" 34.28' 17.74' S14*13'04"E 33.70' NOTES: 1. FREDERICK COUNTY PIN: 64G-3-5-132. 2. UNLESS OTHERWISE NOTED; EASEMENTS AND MERIDIAN SHOWN HEREIN ARE AS DEPICTED ON THE FINAL SUBDIVISION PLAT FOR RAVEN POINTE, SECTION 5 RECORDED WITH THE DEED OF DEDICATION AS INST #040014266. BOUNDARY OUTLINE IS BASED ON THE BOUNDARY LINE ADJUSTMENT PLAT RECORDED WITH THE DEED OF BOUNDARY LINE ADJUSTMENT AGREEMENT, INST #080003061; ALL AMONG THE LAND RECORDS OF FREDERICK COUNTY, VIRGINIA. 3. PURSUANT TO AN EXAMINATION OF HUD FLOOD INSURANCE RATE MAP, COMMUNITY PANEL NO.510063 0115 B WITH AN EFFECTIVE DATE OF JULY 17, 1978, THIS PROPERTY LIES IN ZONE "C" (AREAS OF MINIMAL FLOODING). 4. THIS PLAT WAS PREPARED WITHOUT BENEFIT OF A TITLE REPORT. LOT 11 I , , LOT 136A \ \ I � \ I t N / LOT 135A LOT 10 / 70 co l �I 2 LOT 134A c^� / , \ LOT 9 G') \�C) A CP o p --- Cp LOT 133 i � LL INST #080003062 LOT 8 a I \2-A ` cok�6�21 N — - z N LOT 132A \\& INST #080003061 TREE SAVE °'• N LOT 7 ESMT \ I 84�03 I SoSo 18 W aw � , W 124.42 Rq BEN S 55�'35� 53 oT P SIN �E SE7C W1N G P\\jEN 5 �— APPROVAL: D& 97,' J SLOT 4\\ R SE�o aa1 h266 FREDERICK COUNTY SUBDIVISION ADMINISTRATOR PLAT SHOWING TREE SAVE EASEMENT DATE �NLTH of RAVEN POINTE o� SECTION 5, LOT 132A INSTRUMENT #080003061 o '?' SHAWNEE MAGISTERIAL DISTRICT v CORY M. HAYNES a FREDERICK COUNTY, VIRGINIA No. 2539 SCALE: 1" = 60' DATE: NOV. 26, 2008 ��IZ6'o8 Patton Harris Rust & Associates Engineers. Surveyors. Planners. Landscape Architects. GRAPHIC SCALE ��ND�T04' 117 East Piccadilly Street 0 30 60 120 U V R PH Winchester, Virginia 22601 .I� T 540.667.2139 ( IN FEET) F 540.665.0493 SHEET 1 OF 1 1 inch = 60 ft. (0 PHR+A MOR CURVE TABLE CURVE RADIUS DELTA LENGTH TANGENT BEARING CHORD C1 35.00' 47'36'41" 29.08' 15.44' S19'50'22"E 28.25' C2 54.00' 36'22'05" 34.28' 17.74' S14*13'04"E 33.70' NOTES: 1. FREDERICK COUNTY PIN: 64G-3-5-132. 2. UNLESS OTHERWISE NOTED; EASEMENTS AND MERIDIAN SHOWN HEREIN ARE AS DEPICTED ON THE FINAL SUBDIVISION PLAT FOR RAVEN POINTE, SECTION 5 RECORDED WITH THE DEED OF DEDICATION AS INST #040014266. BOUNDARY OUTLINE IS BASED ON THE BOUNDARY LINE ADJUSTMENT PLAT RECORDED WITH THE DEED OF BOUNDARY LINE ADJUSTMENT AGREEMENT, INST #080003061; ALL AMONG THE LAND RECORDS OF FREDERICK COUNTY, VIRGINIA. 3. PURSUANT TO AN EXAMINATION OF HUD FLOOD INSURANCE RATE MAP, COMMUNITY PANEL NO.510063 0115 B WITH AN EFFECTIVE DATE OF JULY 17, 1978, THIS PROPERTY LIES IN ZONE "C" (AREAS OF MINIMAL FLOODING). 4. THIS PLAT WAS PREPARED WITHOUT BENEFIT OF A TITLE REPORT. LOT 11 LOT 136A \ I LOT 135A LOT 10 I , 0 70 U! 3�1 co n Fn LOT 134A c^� n v�Zll/// ` O /\ LOT 9 O v \ V� �)3 LOT 133 INST #080003062 ' LOT 8 2ro -A i NA6.21 LOT 7 APPROVAL: LOT 132A INST #080003061 R nor s W 55�•35 53°� 131 �E \ SEC N WlN \ A\EN P ON �8 971%/OC 1 �i SLOT 4 \ R SEC 4()0142_66 ¢5 msT 4 CP :Yr 2 � C�i�• �� A \ PCP �cA. NCP a, N FREDERICK COUNTY SUBDIVISION ADMINISTRATOR ZEE SAVE; ESMT 43 38, 5p 18 DATErt�il LTH ply, y M. HAYNES o. 2539 Ize.log J, PLAT SHOWING TREE SAVE EASEMENT RAVEN POINTE SECTION 5, LOT 132A INSTRUMENT #080003061 SHAWNEE MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA SCALE: 1" = 60' DATE: NOV. 26, 2008 Patton Harris Rust & Associates Engineers. Surveyors. Planners. Landscape Architects. GRAPHIC SCALE 120 o� SUR RA ( IN FEET) PH 1 inch = 60 ft. 117 East Piccadilly Street Winchester, Virginia 22601 T 540.667.2139 F 540.665.0493 SHEET 1 OF 1 C) PHR+A MOO CURVE TABLE CURVE RADIUS DELTA LENGTH TANGENT BEARING CHORD C1 35.00' 47'36'41" 29.08' 15.44' S19'50'22"E 28.25' C2 54.00' 36'22'05" 34.28' 17.74' S14*13'04"E 33.70' NOTES: 1. FREDERICK COUNTY PIN: 64G-3-5-132. 2. UNLESS OTHERWISE NOTED; EASEMENTS AND MERIDIAN SHOWN HEREIN ARE AS DEPICTED ON THE FINAL SUBDIVISION PLAT FOR RAVEN POINTE, SECTION 5 RECORDED WITH THE DEED OF DEDICATION AS INST #040014266. BOUNDARY OUTLINE IS BASED ON THE BOUNDARY LINE ADJUSTMENT PLAT RECORDED WITH THE DEED OF BOUNDARY LINE ADJUSTMENT AGREEMENT, INST #080003061; ALL AMONG THE LAND RECORDS OF FREDERICK COUNTY, VIRGINIA. 3. PURSUANT TO AN EXAMINATION OF HUD FLOOD INSURANCE RATE MAP, COMMUNITY PANEL NO.510063 0115 B WITH AN EFFECTIVE DATE OF JULY 17, 1978, THIS PROPERTY LIES IN ZONE "C" (AREAS OF MINIMAL FLOODING). 4. THIS PLAT WAS PREPARED WITHOUT BENEFIT OF A TITLE REPORT. I 1 \ \ LOT 11 , , LOT 136A \ I I I LOT 135A \ \ LOT 10Cn co n < 134A �� LOT / C) \ LOT 9 OZ I� ' / \ 0 \\ G') I �)3Z LOT 133 INST #080003062 LOT 8 \ �\ T62 2� \ -A \ + 1$a I N4501 LOT 7 APPROVAL: s0 � Z 03 tP \MCP MCP. NCP. 122k \ \ �. LOT 132A INST #080003061 \ ZEE SAVE ESMT W 124•42+ LOT 5 W S5 r35' 53CT 131 SEC N WIN Av�N p OINSE p& 971, I G SLOT 4\\ R SEC�40014266 45 _� FREDERICK COUNTY SUBDIVISION ADMINISTRATOR DATE LTH pF Gr o � o v CORY M. HAYNES 9 No. 2539 tl �Z6lD$ o GRAPHIC SCALE ,z' 30 60( IN FEET ) 1 inch = 60 ft. n r PLAT SHOWING TREE SAVE EASEMENT RAVEN POINTE SECTION 5, LOT 132A INSTRUMENT #080003061 SHAWNEE MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA SCALE: 1" = 60' DATE: NOV. 26, 2008 Patton Harris Rust & Associates Engineers. Surveyors. Planners. Landscape Architects 117 East Piccadilly Street Winchester, Virginia 22601 HPPA+F T 540.667.2139 540.665.04930493 SHEET 1 OF 1 CD PHR+A 2008 I decided to decline signing the tree save deed of easement at this time for 112 Killaney Court. Owner: %4 4+�j Thank You STATE OF VIRGINIA, At -Large CITY OF WINCHESTER, To -WIT The foregoing document was acknowledged before me this 18th day of December, 2008 by Henry K. Peyton, Jr., Grantor. My Commission expires July 31, 2011. WAR i r � lam✓ . /. /_ E VERLY H. DELLINGER OTARY ID � 331878NOTARY PUBLICNWEALTH OF VIRGINIA ISSION BXPIR16 DULY 31, Z011 DEED OF EASEMENT Exempt from recordation taxes under 558.1-801 pursuant to Section 58.1-811(A)(3) THIS DEED OF EASEMENT, made and dated this day of 2008, by and between HENRY K. PEYTON, JR. AND KARIN A. PEYTON, parties of the first part, hereinafter called the Grantor(s), and the COUNTY OF FREDERICK, VIRGINIA, ("County"), hereinafter called the Grantee. WITNESSETH: WHEREAS, Grantor(s) is the fee simple owner of a certain tract of land identified as Lot 137A, located in the Raven Pointe subdivision, Shawnee Magisterial District, Frederick County, Virginia, said property being more particularly described on Exhibit A, attached hereto and made a part hereof, (the "Property"); WHEREAS, a 714 square foot portion of the Property has forestal, natural, and scenic resources; WHEREAS, the aforesaid 714 square foot portion of the Property contains trees and other aesthetic features and is located within The Ravens development and is between residences in the RavenWing and Raven Pointe subdivisions; WHEREAS, in furtherance of the purposes of the Open Space Land Act, Title 10.1, Chapter 17 of the Code of Virginia, 1950, as amended, in order to protect woodland and other environmental features, the Grantor(s) is willing to grant a perpetual tree save easement ("Easement") over the Property, on the terms and conditions hereinafter set forth; and WHEREAS, the County is authorized by the Open Space Land Act to accept, hold, and administer easements, and possesses the authority to accept and is willing to accept the Easement under the terms and conditions hereinafter set forth; NOW THEREFORE, for good and valuable consideration, receipt of which all parties acknowledge, and in consideration of the mutual covenants, terms, conditions, and restrictions hereinafter set forth, the Grantor(s) hereby grants and conveys to the Grantee a perpetual tree save easement ("Easement") over the 714 square foot portion of the Property denoted by the designation "Raven Pointe Tree Save Easement" on the plat attached hereto. The Easement area, in conjunction with easement(s) of same name on adjacent properties, such easements collectively to be known as the "Raven Pointe Tree Save Easement" is hereby subject, in perpetuity, to the following terms, conditions, and restrictions: land. This Easement is perpetual. It is an easement in gross and runs with the 2. The Property shall not be divided or subdivided in any manner except for property line adjustments with other property subject to the Raven Pointe Tree Save Easement. 3. No permanent or temporary building or structure shall be erected or constructed on the portion of the Property denoted by the designation "Raven Pointe Tree Save Easement" on the plat attached hereto. 4. No grading or earth removal is permitted on the property if it will materially diminish or impair the conservation values protected by the Easement. 5. General Terms: (a) Although the Easement in gross will benefit the public in ways recited above, nothing herein shall be construed to convey a right to the public of access or use of the Property. The Grantor(s), its successors and assigns, retains the exclusive right to such access and use, subject to the terms of the Easement. (b) The Easement shall be construed to promote the purposes of the Virginia Open Space Land Act, the Virginia Conservation Easement Act, the Comprehensive Plan of Frederick County, and the conservation purposes of the Easement. (c) If any provision of the Easement is determi-aed to be invalid by a court of competent jurisdiction, the remainder of the Easement shall not be affected thereby. (d) The terms of the Easement shall inure to the benefit of, and be binding upon, the parties hereto, their agents, successors, and assigns. (e) The Grantee, by its execution of this Deed of Easement, does hereby accept the conveyance of the Easement as set forth herein. (f) The Grantee and its representatives may enter the property from time to time, upon 30 days written notice to the Grantor(s), for the sole purpose of inspections and enforcement of the terms of the Easement. (g) The Grantor(s), its successors and assigns shall notify the Grantee in writing within 60 days following any transfer or sale of the property. WITNESS the following signatures and seals: HENRY K. PEYTON, JR. By HOME OWNER (Grantor) KARIN A. PEYTON (SEAL) By (SEAL) HOME OWNER (Grantor) STATE OF VIRGINIA CITY/COUNTY OF , TO -WIT The foregoing document was acknowledged before me this day of , 2008, by HENRY K. PEYTON, JR. AND KARIN A. PEYTON, Grantor. My Commission expires NOTARY PUBLIC COUNTY OF FREDERICK, VIRGINIA (SEAL) Chairman, Board of Supervisors (Grantee) APPROVED AS TO FORM: County Attorney STATE OF VIRGINIA, At -Large CITY/COUNTY OF , TO -WIT The foregoing document was acknowledged before me this , 2008, by Board of Supervisors, County of Frederick, Virginia, Grantee. My Commission expires NOTARY PUBLIC _ day of who is the Chairman, NOTES: 1. FREDERICK COUNTY PIN: 64G-3-5-137. 2. UNLESS OTHERWISE NOTED; EASEMENTS AND MERIDIAN SHOWN HEREIN ARE AS DEPICTED ON THE FINAL SUBDIVISION PLAT FOR RAVEN POINTE, SECTION 5 RECORDED WITH THE DEED OF DEDICATION AS INST #040014266. BOUNDARY OUTLINE IS BASED ON THE BOUNDARY LINE ADJUSTMENT PLAT RECORDED WITH THE DEED OF BOUNDARY LINE ADJUSTMENT AGREEMENT, INST #080003066; ALL AMONG THE LAND RECORDS OF FREDERICK COUNTY, VIRGINIA. 3. PURSUANT TO AN EXAMINATION OF HUD FLOOD INSURANCE RATE MAP, COMMUNITY PANEL NO.510063 0115 B WITH AN EFFECTIVE DATE OF JULY 17, 1978, THIS PROPERTY LIES IN ZONE "C" (AREAS OF MINIMAL FLOODING). 4. THIS PLAT WAS PREPARED WITHOUT BENEFIT OF A TITLE REPORT. c z N v LOT 12 J T N26'21'21 "W - 33.91' n H- o co N ,d' v � 0 0 2C.? � O LOT 11 �0.56 } LOT 136A \ �O n INST #080003065 \ �� OG I o Cn "p, `�° �< II LOT 135A LOT 10 " Z y c> - \ 2 �\ LOT 134A \ APPROVAL: I \ 1 mm D Rp VEN POINTE J SECTION 5 LOT 138 INST #040014266 t 66-03119"E 160.60' LOT 137A INST #080003066 1 -- � s5 FREDERICK COUNTY SUBDIVISION ADMINISTRATOR DATE IA��LTH OF Lf P, v CORY M. HAYNES �P' GRAPHIC SCALE ' 0 30 60 120 ( IN FEET ) 1 inch = 60 ft. No. 2539 tl I� foa l � suw�� PLAT SHOWING TREE SAVE EASEMENT RAVEN POINTE SECTION 5, LOT 137A INSTRUMENT #080003066 SHAWNEE MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA SCALE: 1" = 60' DATE: NOV. 26, 2008 Patton Harris Rust & Associates Engineers. Surveyors. Planners. Landscape Architects. 117 East Piccadilly Street P HBA+F Winchester, Virginia 22601 T 540.667.2139 540.665.04930493 SHEET 1 OF 1 CD PHR+A 2008 CURVE TABLE CURVE RADIUS DELTA LENGTH TANGENT BEARING CHORD C1 325.00' 12°45'31' 72,37' 36.34' S30°19'26'E 72,22' NOTES: 1. FREDERICK COUNTY PIN: 64G-3-5-137. 2. UNLESS OTHERWISE NOTED; EASEMENTS AND MERIDIAN SHOWN HEREIN ARE AS DEPICTED ON THE FINAL SUBDIVISION PLAT FOR RAVEN POINTE, SECTION 5 RECORDED WITH THE DEED OF DEDICATION AS INST #040014266. BOUNDARY OUTLINE IS BASED ON THE BOUNDARY LINE ADJUSTMENT PLAT RECORDED WITH THE DEED OF BOUNDARY LINE ADJUSTMENT AGREEMENT, INST #080003066; ALL AMONG THE LAND RECORDS OF FREDERICK COUNTY, VIRGINIA. 3. PURSUANT TO AN EXAMINATION OF HUD FLOOD INSURANCE RATE MAP, COMMUNITY PANEL NO.510063 0115 B WITH AN EFFECTIVE DATE OF JULY 17, 1978, THIS PROPERTY LIES IN ZONE "C" (AREAS OF MINIMAL FLOODING). 4. THIS PLAT WAS PREPARED WITHOUT BENEFIT OF A TITLE REPORT. l / ' CP I n I RAVEN POINTE = o l SECTION 5 II " I m Z `1 I / L INST##0400114266 o 66'03'19"E 160.60' 1 'V z N LOT 12 N LOT 137A -P rn ' IN�T #080003066 N LA �N Are < N26'21'21 "W a 553'11 J'� c3`D�Z 33.91' t LOT 11 Z� g6' ` LOT 136A \\ O - Q ST #080003065 � IN� Q<i c0 fT1 < I �J'\ n I , Z , LOT 135A LOT 10 " y ��\ 17 , ) , �{ G7 7 z- / �050 \ �� 0 cp� LOT 134A \ APPROVAL: I FREDERICK COUNTY SUBDIVISION ADMINISTRATOR DATE �NLTH v CORY M HAYNES 9 GRAPHIC SCALE ' 0 30 60 120 ( IN FEET ) 1 inch = 60 ft. CCi PHR+A 9008 No. 2539 Ll)z(�'/08 lZft smv .� PLAT SHOWING TREE SAVE EASEMENT RAVEN POINTE SECTION 5, LOT 137A INSTRUMENT #080003066 SHAWNEE MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA SCALE: 1" = 60' DATE: NOV. 26, 2008 Patton Harris Rust & Associates Engineers. Surveyors. Planners. Landscape Architects. 117 East Piccadilly Street Winchester, Virginia 22601 HPPA+F T 540.667.2139 540.665.04930493 SHEET 1 OF 1 CURVE TABLE CURVE RADIUS DELTA LENGTH TANGENT BEARING CHORD C1 325.00' 12°4531' 72.37' 36.34' S30°19'26'E 72,22' NOTES: 1. FREDERICK COUNTY PIN: 64G-3-5-137. 2. UNLESS OTHERWISE NOTED; EASEMENTS AND MERIDIAN SHOWN HEREIN ARE AS DEPICTED ON THE FINAL SUBDIVISION PLAT FOR RAVEN POINTE, SECTION 5 RECORDED WITH THE DEED OF DEDICATION AS INST #040014266. BOUNDARY OUTLINE IS BASED ON THE BOUNDARY LINE ADJUSTMENT PLAT RECORDED WITH THE DEED OF BOUNDARY LINE ADJUSTMENT AGREEMENT, INST #080003066; ALL AMONG THE LAND RECORDS OF FREDERICK COUNTY, VIRGINIA. 3. PURSUANT TO AN EXAMINATION OF HUD FLOOD INSURANCE RATE MAP, COMMUNITY PANEL NO.510063 0115 B WITH AN EFFECTIVE DATE OF JULY 17, 1978, THIS PROPERTY LIES IN ZONE "C" (AREAS OF MINIMAL FLOODING). 4. THIS PLAT WAS PREPARED WITHOUT BENEFIT OF A TITLE REPORT. I� n H ' FZ VEN POINTE = o SECTION 5 I _ LOT 138 Do INST #040014266 I O d t 66'03'19"E 160.60' i LOT 12CY) LOT 137A m' IN�T #080003066 nH N26'21'21 "W c^ �3'11 J'�► c3` 33.91' S� 0 LOT 11 Z�.56't LOT 136A \ O INST #080003065 \ \ �� 0 I o OJT➢ 1�� (D (T1 I 5 �\ LOT 135A \ F` LOT 10 �z- / \ 0 \ LOT 134A \ APPROVAL: I FREDERICK COUNTY SUBDIVISION ADMINISTRATOR DATE GRAPHIC SCALE ' 0 30 60 120 ( IN FEET ) 1 inch = 60 ft. © PHR+A 2008 p,1,TH of 7Aflp No. 2539 << 1 ul0 8 SMNT ° ' PLAT SHOWING TREE SAVE EASEMENT RAVEN POINTE SECTION 5, LOT 137A INSTRUMENT #080003066 SHAWNEE MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA SCALE: 1" = 60' DATE: NOV. 26, 2008 Patton Harris Rust & Associates Engineers. Surveyors. Planners. Landscape Architects 117 East Piccadilly Street PHPA+ Winchester, Virginia 22601 T 540.667.2139 F 54093.665.04930493 SHEET 1 OF 1 Raven open space 0.05 0 0.05 0.1 Miles Thomas H. Riemer 112 Kinross Drive Winchester, Virginia 22602 # thriemerOyahoo.com 540-667-8654 August 14, 2008 Via US Mail — Return Receipt Requested Eric R. Lawrence, AICP Director Department of Planning and Development Frederick County 107 Worth Kent Street Winchester, Virginia 22601 Re: Raven Pointe Boundary Line Adjustments Dear Mr. Lawrence: This is a follow-up to my email to you dated August 13, 2008.1, my wife, and Dona Bondurant met with Mark Cheran July 25 to discuss this. I subsequently followed up with a phone call to Mr. Cheran August 6, who said he would be speaking to the attorney about this that evening or the next day and would get back to me. As he did not, I called August 12, with no response and again yesterday, August 13, with no response. As it appears he is not willing to follow up as promised, I am officially bringing this issue to your attention. What I and the other five directly -affected owners wish to know is: 1) What are the individual events that occurred leading to the boundary line adjustments? Who specifically requested the survey in 2006, and who specifically requested the boundary line adjustment transactions? Were any of these requests made on behalf of others? 2) What is the County going to do to rectify the situation, replace the legally - required common space and/or compensate the affected homeowners on Kinross Drive whose property has subsequently been devalued by these transactions? Eric R. Lawrence August 14, 2008 Page Two Pursuant to a public hearing on a request to revise the approved Ravens Master Development Plan, you assured me in writing on April 23, 2002 that the open space adjacent to RavenWIng would not be eliminated. It is unfortunate that your staff (specifically Mr. Cheran) was unaware of this when he approved the boundary line adjustments. Finally, it appears by what has taken place that Frederick County is not adhering to its own approved plans. Of additional intent is that the sale of Raven Pointe lot 134 is still pending, and that yet another property (Raven Pointe lot 133) has since been listed for sale. Again, these sellers should be apprised of our concerns, to avoid creating additional upset residents over the boundary line adjustments. We expect Frederick County to correct this situation. Please contact me immediately to discuss this. Sincerely, Thomas H. Riemer tric Lawrence From: Thomas Riemer [thriemer@yahoo.com] Sent: Thursday, August 14, 2008 1:58 PM To: elawrenc@co.frederick.va.us Subject: Fw: Meeting today concerning Raven Pointe boundary line adjustments ----- Forwarded Message ---- From: Thomas Riemer <thriemer@yahoo.com> To: elawrence@co.frederick.va.us Cc: bma43@yahoo.com; barbarae82@yahoo.com; donabondurant@comcast.net; anitavb@comcast.net Sent: Wednesday, August 13, 2008 6:14:12 PM Subject: Fw: Meeting today concerning Raven Pointe boundary line adjustments Dear Mr. Lawrence: As you can see from the email below, I, my wife, and Dona Bondurant met with Mark Cheran July 25 to discuss this. I subsequently followed up with a phone call to Mr. Cheran August 6, who said he would be speaking to the attorney about this that evening or the next day and would get back to me. As he did not, I called August 12, with no response and again today, August 13, with no response. As it appears he is not willing to follow up as promised, I am officially bringing this issue to your attention. What I and the other five directly -affected owners wish to know is: 1) What are the individual events that occurred leading to the boundary line adjustments? Who specifically requested the survey in 2006, and who specifically requested the boundary line adjustment transactions? Were any of these requests made on behalf of others? 2) What is the County going to do to rectify the situation, replace the legally -required common space and/or compensate the affected homeowners on Kinross Drive whose property has subsequently been devalued by these transactions? Pursuant to a public hearing on a request to revise the approved Ravens Master Development Plan, you assured me in writing on April 23, 2002 that the open space adjacent to RavenWing would not be eliminated. It is unfortunate that your staff (specifically Mr. Cheran) was unaware of this when he approved the boundary line adjustments. Finally, it appears by what has taken place that Frederick County is not adhering to its own approved plans. Of additional interest is that the sale of Raven Pointe lot 134 is still pending, and that yet another property (Raven Pointe lot 133) has since been listed for sale. Again, these sellers should be apprised of our concerns, to avoid creating additional upset residents over the boundary line adjustments. We ex6ect Frederick County to correct this situation. Please contact me immediately to discuss this. Sincerely, Thomas H. Riemer ----- Forwarded Message ---- From: Dona Bondurant <donabondurant@comcast.net> To: mcheran@co.frederick.va.us Cc: thriemer@yahoo.com; toocammy@yahoo.com Sent: Friday, July 25, 2008 2:30:16 PM Subject: Meeting today concerning Raven Pointe boundary line adjustments Dear Mr. Cheran: I am writing on behalf of myself and the Riemers to thank you for meeting with us this morning. We appreciate that you have acknowledged responsibility for the boundary line adjustments and that you recognize that the issues raised require immediate resolution. Also, considering that some development that would not ordinarily be permitted to open space has already occurred, you may wish to notify the affected Raven Pointe owners that the boundary line adjustments are being contested so that further development does not occur until this issue is resolved. Further, the pending sale of Raven Pointe lot 134 is a very time -sensitive situation, and we are certain the owner would appreciate knowing the issues we have raised with you today. We look forward to hearing from you very soon about how you plan to address our concerns. Best regards, Dona Bondurant Thomas H. Riemer . Winchester VA22602 7008 0150 0003 6028 5913 0000 22601 Eric R. Lawrence, AICP Director Department of Planning and Development Frederick County 107 N Kent St Winchester VA 22601 U.S. OR POSTAGE ID WINCHFST R.VR 226�1 AUG 1•i, 08 AMOUNT $51� 00010890- 13 7677-111 EBY/cmj m m a zoo ozo H Q,' H � 9H. wa,w o<w H E E+ Cn Z OX� U E+ C7 0 C� 050009898 THIS DEED, made and dated this 10" day of May, 2005 by and between H & H BUILDERS. INC., a Virginia Corporation, hereinafter called the Grantor, and LON T. KRAMER and VALERIE H. KRAMER, husband and wife, hereinafter called the Grantees. WITNESSETH: That for and in consideration of the sum of Ten Dollars ($10.00), cash in hand paid and other valuable consideration, receipt whereof is hereby acknowledged, the Grantor does grant and convey, with General Warranty and with English Covenants of Title, unto the Grantees, as tenants by the entirety in fee simple, with survivorship as at common law, together with all rights, rights of way, privileges, improvements thereon and appurtenances thereto belonging, all of the following realty: All of that certain lot or parcel of land, together with all rights, rights of way, privileges and appurtenances thereto belonging, lying and being situate in Shawnee Magisterial District, Frederick County, Virginia, designated as Lot 135, Raven Pointe, Section 5 as shown on the Final Plat of Raven Pointe, Section 5, dated July 21, 2004 drawn by Randy A. Stowers, L.S., the Deed of Dedication and Plats being recorded in the Office of the Clerk of the Circuit Court of Frederick County, Virginia, as Instrument Number 040014266. AND BEING the same property conveyed to H & H Builders, Inc., a Virginia Corporation by Deed from Glaize Developments, Inc., a Virginia Corporation dated August 30, 2004 of record in the aforesaid Clerk's Office as Instrument Number 040017696. Reference is hereby made to the aforesaid plat, deed of dedication, deed and the references contained therein for a further and more particular description of the property conveyed herein. This conveyance is made subject to all legally enforceable restrictive covenants and easements of record affecting the aforesaid realty. The Grantor does hereby covenant that it has the right to convey to the Grantees, that the Grantees shall have quiet and peaceable possession of the said property, free from all liens and encumbrances: and it will grant such further assurances of title as may be requisite. The execution of this deed has been duly authorized by the Directors of the Grantor Corporation and nothing in the Corporate Charter or By -Laws reserves the power unto the C=) C-J -_J stockholders to convey a part of the corporate real property. iV WITNESS the following signature and seal: H & H BUILDERS, INC., a Virginia Corporation N� !�� ]EF DRICK�� (SEAL) STATE OF VIRGINIA CITY/COUNTY OF " To -wit: I, c . /I • J . �J, a Notary Public in and for the State and I if jurisdiction aforesaid, do hereby certify that Jeffrey S. Hedrick as President and duly authorized officer of H & H Builders Inc., whose name is signed to the foregoing Deed, dated the 101 day of May, 2005 has personally appeared before me and acknowledged the same in my State and jurisdiction aforesaid. Given under my hand this % —day of May, 2005. My commission expires L� .t Notary Fubhc7 TM muumem.,,., PRW" b, 6d—B Yon AuyLv ddl Johnston MCKed & Buda. P L C 112 South Camaoo Su— Wu.tpu Veyoa 22601 (540) 662 3196 VIRGINIA: FREDERICK COUNTY. SCT. 'ibis iustnmmnt of wntinF. -m prod10O13 to me on A,m u�• fi tc of aci nnwlc'tul to :ram 1z02 �f wuJ s lard to nword. T -P, $ t%� 53.1-301 have hmD M4, if .rus�;bts C: \XYDJC4\DEEDS\Yldae[. CDe.wpd t 4F `- L` VICINITY MAP SCALE: 1* - 1.500' APPROVED BY- FREDERICK FREDERICK COUNTY SUBDIVISION AOMINISTRATOQ/.� DATE FREDERICK COUNTY SANITATION VIRGINIA DEPARTMENT OF DATE.Z !a d DA OWNER'S CONSENT: THE ABOVE AND FOREGOING SUBDIVISION OF THE PROPERTY OF GLAIZE DEVELOPMENTS, INC., AS APPEARS ON THE ACCOMPANYING PLATS, IS WITH THE FREE CONSENT AND IN ACCORDANCE WITH THE DESIRES OF THE UNDERSIGNED OWNERS, PROPRIETORS AND TRUSTEES, IF ANY. A NOTARY PIIFU IC MY COMMISSION EXPIRES CITY/6eb%IffY OF \41A �-n THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE ME ON-�Ia\1Oy BY (PA.��- , r' STATE` O.F. (NPTAFV.,. PUBLIC) ' 1 SURVEYOR'S CERTIFICATE I, RANDY A. STOWERS, A DULY LICENSED LAND SURVEYOR IN THE COMMONWEALTH OF VIRGINIA, HEREBY CERTIFY, TO THE BEST OF MY KNOWLEDGE AND BELIEF, THAT THE PROPERTY CONTAINED IN THIS SUBDIVISION IS THE SAME PROPERTY CONVEYED TO GLAIZE DEVELOPMENTS, INC. BY DEEDS RECORDED AT DEED BOOK 300, PAGE 571 AND INSTRUMENT 0 020008672. BOTH AMONG THE LAND RECORDS OF FREDERICK COUNTY, VIRGINIA. L►" "�' p f FN& SUBDNISION PLAT RAVEN POINTE SECTION 5 SHAWNEE MAGISTERIAL DISTRICT RIB D�LffleC[ 9 FREDERICK COUNTY, VIRGINIA FIO. 00 SCALE: N/A DATE: JULY 6. 2004 gilbert w. Clifford & associates ,/ A DIVISION OF PATTON HARRIS RUST & ASSOCIATES A PROFESSIONAL CORPORATION CONSULTING ENGINEERING - LAND SURVEYING - PLANNING 117 E. PICCADILLY STREET, WINCHESTER. VIRGINIA 22601 (540) 667-2139 SHEET 1 OF 17 I Id t AREA SUMMARY 0 AREA IN T.M. 64-((A))-117: 23.1823 ACRES N AREA IN T.M. 64-((A))-119: 3.1626 ACRES J G� TOTAL DEVELOPMENT AREA: 26.3449 ACRES AREA IN LOTS: 20.3802 ACRES AREA IN OPEN SPACE: 1.4122 ACRES AREA IN R/W: 4.5525 ACRES NUMBER OF LOTS: 64 AVERAGE LOT SIZE: 13.871 SQ. FT. SMALLEST LOT SIZE: 12.000 SQ. FT. DENSITY. 2.43 UNITS PER ACRE PARENT PARCELS 64-((A))-117. ZONED: RP 64-((A))-119. ZONED: RP MINIMUM SETBACK REQUIREMENTS FRONT = 35' REAR = 25' SIDE = 10' NOTES PERMANENT MONUMENTATION WILL BE SET AT ALL LOT CORNERS IN COMPLIANCE WITH LOCAL ORDINANCES. CURVE TABLE CURVE RADIUS DELTA LENGTH TANGENT BEARING CHORD C1 1027.00 30'19'15" 543.49 278.27 N13'01'05 537.17 C2 50.00 8 0' 1" 76.22 47.73 S15'29'28'E 69.05 C3 50.00 85'46' 7' 74.85 46.44 S7757'03'W 68.06 C4 327.00 67'S0'34' 387.19 219.91 N68'59'02'E 364.97 C5 50.00 109 1'51' 95.15 70.14 S 3'23"W 81.43 C6 274.31 4'02'09" 19.32 9.66 S08'0 ' 7"E 19.32 C7 275.00 33 9'01" 160.71 82.72 S 6'54'1 158.43 C8 35.00 47' '41" 29.08 15.44 S6727'03'E 28.25 C9 54.00 7 '1 1" 259.39 49.29 N46*21*18'E 72.81 C10 35.00 4736'41" 29.08 15.44 N19'S0'2 'W 28.25 C11 325.00 1" 189.93 97.76 S26'54'1 "E 187.24 C12 324.31 1 9' 69.19 34.73 SO4'0 ' 7'E 69.06 C13 50.00 78'07'43" 68.18 40.58 N 7'00'04'W 63.02 C14 673.00 1 '4 ' 125.47 62.92 N81 4'23"W 125.29 C15 727.00 11'41'42" 148.39 74.45 N81'54'46"W 148.13 C16 273.00 6852'20' 328.16 187.18 N69'29'55"E 308.76 C17 973.00 37'12'18' 631.82 327.50 N1627'36'E 620.77 C18 1027.00 4 349" 78.81 39.43 N00'0 ' 2"E 78.79 C19 1027.00 4'1 77.38 38.71 N04-24'47E 77.36 C20 1027.00 4*19*02" 77.38 38.71 N08'43'49"E 77.36 C21 1027.00 4'1 77.38 38.71 N13*02'50"E 77.36 C22 1027.00 4'1 '0 " 77.38 38.71 N17'21'52"E 77.36 C23 1027.00 4'18' 8" 77.36 38.70 N21'40'51'E 77.34 C24 1027.00 4'20'2 " 77.78 3EL91 N26 '31'E 77.77 C25 327.00 0'39'31" 3.76 1.88 N 3'31'E 3.76 C26 327.00 1 '41'1 Y 72.41 36.36 N4 '0 ' 5'E 72.27 C27 327.00 12*41'17' 72.41 36.36 N 4'4 '11' 72.27 C28 327.00 1 .41.17` 72.41 36.36 N67'26'28'E 72.27 /�R,1,►n "!` y FINK. SUBDIVISION PLAT RAVEN POINTE SHAWNEE MMAGTEISTERIAL DISTRICT =10 �� FREDERICK COUNTY. VIRGINIA NWAA0. . > SCALE: N/A DATE: JULY 6. 2004 gilbert w. Clifford & associates a�2/ d}� A DIVISION OF PATTON HARRIS RUST & ASSOCIATES dt-"! A PROFESSIONAL CORPORATION CONSULTING ENGINEERING - LAND SURVEYING - PLANNING 117 E. PICCADILLY STREET. WINCHESTER. VIRGINIA 22601 (540) 667-2139 SHEET 2 OF 17 I, , 0 rV C..3 CURVE TABLE CURVE RADIUS DELTA LENGTH TANGENT BEARING CHORD C29 327,00 12'41'17" 72.41 36.36 N80'07'45'E 72.27 C30 327.00 16'25'56' 93.78 47.27 S Yt '39" 93.46 C31 275.00 343'36" 17.89 8.95 Sl '01' "E 17.88 C32 275.00 21'53'03" 105.04 53.17 5 4'49-4 "E 104.40 C33 275.00 7'5' 3" 37.79 18.92 S39'4 '31 "E 37.76 C34 54.00 8'42'28" 1 8.21 4.11 N8654' "W 8.20 C35 54.00 69'54'03" 65.88 37.74 N47'35'53"W 61.87 C36 54.00 53'24' 5" 50.34 27.17 N14'03'3 "E 48.54 C37 54.00 5324'55" 50.34 27.17 N67Z83 "£ 48.54 C38 54.00 5 4'55" 50.34 27.17 S 'O6'34' 48.54 C39 54.00 2 '18'51" 21.03 10.65 S 1'14'4t 20.90 C40 1 54.00 14'03'14" 13.25 6.66 3'03'39'E 13.21 C41 325.00 62'30" 39.38 19.71 S40*10'27'E 39.35 C42 325.00 1 '45' 1" 72.37 36.34 S30'19'2 72.22 C43 325.00 12'45'31" 72.37 36.34 Sl7'33'55E 72.22 C44 325.00 1'01'28" 5.81 2.91 S10'40'2 5.81 C45 324.31 6'17'08" 35.58 17.81 S07 l'07"E 35.56 C46 324.31 6'21" 33.62 1 16.82 '54' 33.60 C47 727.00 5*40*37" 72.03 36.05 N 4'55'19"W 72.00 C48 727.00 6'01'05" 76.36 38.22 N79*04*287W 76.33 C49 273.00 23 0'53" 111.25 56.41 S8744'22E 110.48 C50 273.00 21 '4 " 101.94 51.57 N69'53'21"E 101.35 C51 273.00 21 104.82 53.07 N '11' "E 104.18 C52 273.00 '07'45" 10.15 5.07 N36'07'3lrE 10.14 C53 973.00 2'04'56" 35.36 17.68 N34*01'17"E 35.36 C54 973.00 4'5 '17" 83.01 41.53 N30' 'i 82.99 C55 973.00 '01' 85.35 42.70 N2 ' 4'4 "E 85.32 C56 973.00 5'01' " 85.35 42.70 N20'33'13"E 85.32 C57 973.00 1' " 85.31 42.55 Nl"1'4�%E 85.28 C58 973.00 512'41" 88.50 44.28 N10 4'4 88.47 C59 973.00 5'14'1 " 88.95 44.51 N0511'1 88.92 C60 973.00 4.4 '37" 79.99 40.02 N0012'4 79.97 C61 1000.00 37'12'1 " 649.35 336.59 N16 7' "E 638.00 C62 300.00 68'S ' 360.61 205.69 N6929'55"E 339.29 C63 299.31 24 5'46" 125.87 63.88 SOt'53'1 "W 124.95 C64 300.00 33'2 ' i" 175.32 90.24 S '54'12"E 172.84 C65 700.00 11'1 1" 136.94 68.69 N 1'40'11"W 136.72 C66 740.00 7'32'39" 97.44 48.79 "11' "W 97.37 C67 290.00 32*49*21" 166.13 85.41 N80'39'5'E 163.87 C68 290.D0 6'51'25` 34.71 17.37 S79'29'38"E 34.68 C69 1 660.00 732'39" 86.90 43.51 2*1VOO"W 86.84 C70 170.77 1 38*41 *40" 115.33 59.96 M63*16*46"E 113.15 C71 170.77 25-02'15- 74.63 37.92 4'51'1 74.03 C72 360.00 21 7'08" 1 134.79 1 68.19 1 SODW'53"W 134.00 C73 123.59 10'4 '44" 1 23.22 1 11.64 1 sl3*4i*i2"w 23.18 FINAL SLIOWNI ON PLAT 0 RAVEN POINT£ SECTION 5 SHAWNEE MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA SCALE: N/A DATE: JULY 6, 2DO4 ti STOWERS !No.LO=1 a gilbert w. Clifford & associates 2 A DIVISION OF 7Z/_c�flPATTON HARRIS RUST & ASSOCIATES A PROFESSIONAL CORPORATION CONSULTING ENGINEERING - LAND SURVEYING - PLANNING 117 E. PICCADILLY STREET, WINCHESTER, VIRGINIA 22601 (540) 667-2139 SHEET 3 OF 1' LOT INDEX KEY SHEET LOT ips I LOT 97 LOT I" LOT 9p LOT i52 LOT M LOr is, LOT 10D LO r L� LOT 101 lot S° lqi LOT r °7 '�t a / Lop 4,44 40. 0 Lor 'v lop �r J4i � Lor 'cb LOr J10 n �i JJJ ro J� cc r'J7 �. 1% r s L°T iu h 10, f9' '�o wt tit b a Lot W Lal ip LOT tit LAt NLO LOT 120 at +r LOT in `Ot `s p�+tip V 101 VOA, 14, 0 ,s op 0 N W co Tn vie FINAL SUBDIVISION PLAT IwLilr- RAVEN POINTE SECTION 5 SKAWNEE MAGISTERIAL DISTRICT FCK COUNTY, VI a SCALE: 1"-`r300' DATE: JULY DULY 6, 2004 gilbert w. Clifford & Dssociotes A DIVISION OF PATTON HARRIS RUST & ASSOCIATES A PROFESSIONAL CORPORATION CONSULTING ENGINEERING - LAND SURVEYING - PLANNING 117 E. PICCADILLY STREET, WINCHESTER. VIRGINIA 22601 (540) 667-2139 SHEET 4 OF 17 T .) WRLW" STALE (rW AMIN GLAIZE DEVELOPMENTS, INC.=�-�Z�- T D.B. 300, PG. 571 64-((A))-119 ZONE: RP o USE: VACANT r� FUTURE SECTION 6 w �-) _S00'16'39"W 480.00' TOTAL - -' i 84.42' MEt,T 90.12 91.64 N 20' ORAyNAGE EASE 2.75• z n 286.79 ! 2!T BRL 7 In 0 r I ! d.l.Q ivl(r mlw I� irl r la, (o aoga�a�1"� LOT 97 01��- r.0° LOT 98 rDr-Nj I- LOT 99 -,1 ti } cO 1� 13.267 SF '-ram of 0 13,856 SF of v In 14.756 w o W L `r �I I oil o !" wraN FWI ICO I r�t�°I" �t4i ,�, o N cvl I ► IVl ! !aI !zo c� o, - _ - BRL- - L -35 BRL 1 100, va )i _ o- - � - 35. 6RL !N o -- ,102"26'36'.W 2.34: O I^ 0 W ;-rA IA �40.77 47.54' 9 so38' C 38.0sAHILLE DRIVE Q C60 C 9 N N ��20' WATER EASEMENT`- C58 �0 r - 35�BR-C -) _ 35'- _ _ - BRL T � � oII�LOT 164�(��I LOT 91s6F3 rs`_' i5 $R� rm 12,086 SF�I;n I� .J� ;7� f �Flo N o� Cal Inl-: 162 !� 00IN� o o jNf r� 12.376 SF Nr II I ^r v ro Cal w w I I I r ► �� L_ 25—'8RL J L 25`BRL i r o - _I L _ 25_gRL 80.08' 31.11 • 44 N00"20'16 E tti.19 N0941'47`E 7 74��E OAKDALE CROSSING 11$' 0p, LOT 14,5 I SECTION III LOT 144 LOT 143 0, FINAL SU6pIWe" PLAT yTri 0 RAVEN POINTE yr SECTION 5 O} FREDERICK�COUNTY, VIRGINIAT SCALE: 1' - 50• DATE; JULY 6. 20D4 a A. W y gilbert w. Clifford & associates GRAPHIC SCALE No. 00= A DIVISION OF o 25 50 _100 PATTON HARRIS RUST Sc ASSOCIATES A PROFESSIONAL CORPORATION vf.ec CONSULTING ENGINEERING — LAND SURVEYING — PLANNING 1 inch = 50 tt , v` 117 E. PICCADILLY STREET. VANCHESTER. VIRGINIA 22601 (540) 667-2139 SHEET 5 OF 17 t V lNC SEC�ON 6 N06'a5'34"E 65.73' pEvappml EVE 7 W. TOTAL) EASEMENT o I GLAtZ� B• 300, pG119 EASEMENT 19 20. DRAINAGE A))` 3.79' 64-« • Rp �0TA1- ZONv CANS o o N00 _ 4 90.00� 21.42 w uSE; .16�39 E g� N09'S2'45"E 66.69' N o 20.04' 7 -' 000 94 r_ 7 �' 25' BRL I n 4 2.75 0g'17 07 W r - ` 25' 8RI- ( I I n <° inr_ 25' gRl_ I I r LOT 102 FUTURE I i I LOT 101 I I 21,242 SF r SECTION LOT 100 1 t 18,622 SF r / 6 ,n m I 16,319 SF I rn ao I J J l ui I ho m !ED -Qu °� r w= 1— I p 1^ 00I IN tVl O r h o w1b I� of (o'oilI In Jrq CD 1. _35' BRL` J L �35' BRL II II / co � o �'- S19. L_ 35' BRL r 1n o 36 �19"W 20.42' SAN.SEVrR ESMT J W J Nd+TM rn C7� 235.5.3- ' � Sr 0 ClATE CAH! 11.16' 3 � 'n 54' RA ,. N C57 �C17 / b� C -` `� _ 56 _ _ 20' WA TER - - CSS�•. CAS� r 35' BRL r - EASEI�FNT o SO ( I 1 35 • BRC �� CV CO N INI J LOT 161 Iw I LOT 160— w fD �11m 12,117 SF�1�,NI-j 12,339 SF r BRL 7 T I I m P �10 �r=�', LOT 159 / j o or1, m/o ZO' r 12,755 SF or'o �r� I tD'�o1 ... � L 25' BRL I ! rr ! o a� w h (n - _ L 25' 9RL r lr l / vZi r . 71.91' J r=� W 0 N19'26 27 39.03' �S r 0 1) E � 15.00 TOTAL 32 79' BRt �/ 4' LQ'4C3ROSS1fVG N2g7j0y, >>•2p• SFC�� CQT 142 FKAL SO ON PLAT PyT1i Ofi RAVEN �ON 5 TE SHAAWEE uAG1STERI YDISTRICT FREREOERICK COUNTY.. VIRGINIA SCALE: 1' - 5W DATE: JULY 6, 2004 GRAPHIC SCALE A. > giibert w. Clifford & ossociotes No. 0=2 A DIVISION OF 0 n 50 - i0o pfl PATTON HARRIS RUST & ASSOCIATES A PROFESSIONAL CORPORATION CONSULTING ENGINEERING - LAND SURVEYING - PLANNING 117 E. PICCADILLY STREET, WINCHESTER. VIRGINIA 22601 1 inch = 50 M (540) 667-2139 SHEET 6 OF 17 / O N�TM N Strom 53 GLAIZE DEVELOPMENTS, INC. GLARE DEVELOPMENTS, INC. J�p INST. #020008672 D.B. 300. PG. 571 64-((q))_1i7 _ ZONE. RP ZONE: RP 119 � JP USE- VACANT ° rQ z FUTURE SECTION 6 O� •41'55"W FUTURE SECTION 6 N o w o S30-50;22"W .i 27.00' Stg55-p4� N30 SO 22 E _151.38' ^ r 136.50i BRL -" ` w 54.00 - - -1 �' BRI. �� W� j I X I- / �I Ol'1°'v Z o �� I LOT 108 - 3co w / m1 °' Ln 1 MAN N I 10° 16, 394 SF �n �- im LOT 103 _ 12.609 SF M CD 1* Q W rn `O I M ;o w i� IN % v► �1• In k' I S71 *56'17"E N ,- L- _ 35_BRL / o Z ,� cn a 34.20' LO Lt, VOl o SANR ESMi. p o o f -35' BRLy - o I Z N- ^' 0 W) C'c4 SAN. SEWER ESMT. -O of L? S 4. 3�2'—�--� ^ o - 2 2.13' N34'13'S2"E 26.9}� 2L4B' ' o N 18.46' N35'03'45 - — --� cs1 _ C_A RLE DRIVE E 8.84• N to 54' R-A - 350- 3 45 E-517--07-_ C17 C54 SzQ3'45"W — _ C53 N 45.92' -� 8.19, 20. WATER EASEMENT 80.00' i [- --- _ 35 BRL a`r'oI I r —3S' BRt o m �i LOT 158 I LOT 157 + + 35' eR� in In {'-i 12.503 SF �`" 1 12,525 SF IW 1 LOT 156 I ,� -- LOT 159 m 1 -i ��^�"' a �I�n1- I_, 12,175 SF + o w Io I+n��o in 'o(_°n 00ICn of Lj - -1 En ' 21!2 o o I r, w 000I I I 1 1 DRAINAGE M o- + I + IEASEMENTt� w 11 N 25_ BRL L 25' 8RL J L25' 8RL 69.01' 75.74' 58.58' ..� N29'11'07'E 307.32' (TOTAL) 10.20' N35'03 45NE OAKDALE CROSSING SECTION 111 385.57' (TOTAL) LOT 142 LOT 141 LOT 140 LOT 139 EX. 20' DRAINAGE EASEMENT I INST. #020008672 ' RNAL SUBDIVISION PLAT RAVEN C 5 TE SH REDE CK CO ERIAL DISTRICT p - fREDERICK COUNTY. VIRCINIA R� SCALE: i' = 50' DATE: DULY 6. 2004 GRAPHIC SCALE c�� '"'" A. smv > Silbert w. Clifford & associates No. 002342 A DIVISION OF 25 70 100 e5l7-Z/ PATTON HARRIS RUST & ASSOCIATES A PROFESSIONAL CORPORATION CONSULTING ENGINEERING - LAND SURVEYING - PLANNING 1 inch = 50 IL '�D JUKIy 117 E. PICCADILLY STREET, VANCHESTER. VIRGINIA 22601 (540) 667-2139 SHEET 7 OF 17 F ✓ GLAIZE DEVELOPMENTS, INC. INST. #0(A)0008672 64-(0 ZONE: RP t�>E 0 USE: VACANT 5 �a FUTURE SECTION 6 N35'03'45"E 320.00' (TOTAL) 00 80.00' 80.00' 80.00' 80,00' 0 0 L0 ---- /n ^r 25' BRL 1 r 25' BRL 1 r - 25 BRL -1 r 25' BRL �o M m 31 LOT 109 I I LOT 110 I I LOT 111 I I LOT 112 10 w al 12,000 SF I I J 12,000 SF I ! 12,000 SF I I J 12,000 SF 1 p _ 01� �13 1� �1.3 I� -13 ID- �P: ,'t;l;nlm mltf1l01m ml`�'101m MILO -01m ml�l L010 100l01toola 0ola IV 1;t I to ZZ11 I Ir Z w ESMT. I I I I I I I 35' BRL- J L - 35_BRL J oL -35' BRL J L - 3 - - J - 0 - w O° 10.00' AN.SEWER ESMT. o SAN.SEWER ESMT. N 20.00 •- 40.06' 84' _80 A$nn 0' N35'03'45"E 492. 2' (TOTAL) S36-23'14"W S71'5p'17"E S34-13'S2"W b 393.74' (TOTAL) 75.93 TOTAL 202.13' (TOTAL) _ c/�HILLE DRIVE Q - N35'03 45 E 517,07' (TOTAL) 54' RA t 00 I; N35'03'45"E 517.07' TOTAL N 80.00 Oo 80.00 80.00' 0 80.00 10.00' 0 N 6 o DRAINAGE ESMT. 20 WATER EASEMENT o 35' 8RL r 35' BRL �;� r 35' BRL ,� . r 35' BRL �� Z_ m 0 I LOT 155 I;r, ' I I"' OI J �I� 01 LOT 152 I^ ! ^ c -jLOT 154�I� o1mLOT 1530:1,n 01 1 `0 _ I 12,000 5F ml ugm 12,000 SF ml O CIm 12,000 SF mm1� 12,000 SF JI 1 rn rrn rn I� "lo ol� ^la alm ^Im ml 1 .I inl alv'I 1'" _INII I'- I W a, v�i 25' BRL - J L -25' BRL- J L -25' BRL- J 0 V) J L 25' 8RL- ---- - - th 20' DRAINAGE EASEMEN -- N w 80.00' 80.00, 80.00' 80.00' N N35'03'45"E 385.57' (TOTAL) OAKDALE CROSSING SECTION III LOT 139 LOT 138 LOT 137 LOT 136 C STOM GRAPHIC SCALEtoo1 inch = 50 it FINAL SUBDIWSION PLAT RAVEN POINTE SEC710N 5 SHAWNEE MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA SCALE: 1' - 50' DATE: JULYE 6, 2004 a gilbert w. Clifford & associates A DIVISION OF PATTON HARRIS RUST & ASSOCIATES A PROFESSIONAL CORPORATION CONSULTING ENGINEERING - LAND SURVEYING - PLANNING 117 E. PICCADILLY STREET, WINCHESTER. VIRGINIA 22601 (540) 667-2139 SHEET 8 OF 0 GLA'ZE DEVELOPMENTS, INC. INST. #020008672 FUTURE SECTION 6 64"-((A))-117 N35'05'05"E ZONE: RP N42*03'55"E USE; VACANT 81.32' 105,41' " _ M54 Is. It" of I I 25' 8RL- - -7 SOS £ o �I LOT 113 i I �i� 12,oss SF �i� I� LOT SF ^Im midloolm 310 0110 Ialo m��,lof� LOT 115 /o 0 CO I I, I b M of m 13.148 SF /'�``� 1 w BRLI I ho N ,nL _ 35 _ J L 35' B_RL w z S36'23'14"W SAN.SEWER ESMT 1- N 155.96' - 3S8R SS 14.4 75.84' C25 �630a ` ��~ N35'03'45"E 492.32' (TOTAL) 2j e N35'03 45 (TO ALLn o, =`� Cg r`3�S• R N35'03'45"E 517.07' TOTAL N N " Ss N I"-20" WAT f 35' BE 0 i I LOT 151 i IoiJ 12,546 SF JI dim ml 1 00 !'-l0 01; w �I 1 _ --I 25' BRL v1 ipL25' BRL _ �l N to I V) 43.83' l 11JJ UJ dfu C. 38&57' (TOTAL) ds OAKDALE CROSSING SECTION III LOT 136 .29�0 W rs� 8S 1 1 � • 8q 9 {�, � EASEMENT - 357— - 6 o I � C62 I I LOT 150 / 13,600 SF-11 cs\ � io J ��Im chi,o /a 4� may/ .3S• � 4 ep� o @�/14 tiCv 'r 13vcj/0519 5g l �> W a I- zz a u+ Cc:2 a 1., CA O Q 04 Ld IN i r4 � 10 5S w I LOT 147 LOT 135 �9J FWAL SUBDIVISION PLAT RAVEN POINTE r SECTIOM 5 SHAWNEE MAGISTERIAL DISTRICT p FREUERICK COUNTY, IA SCALE: 1" $p' DATE: JULY LY 6. 2004 GRAPHIC SCALE A. STOI1m a gilbert w. Clifford & ossociotes No, OOM A DIVISION Of 0 25 50 too (jam PATTON HARRIS RUST & ASSOCIATES A PROFESSIONAL CORPORATION �-�+•,.�r.1�� CONSULTING ENGINEERING - LAND SURVEYING - PLANNING i inch = 50 ft J11K�V' 117 E. PICCADILLY TREET667NCHESSTER. VIRGINIA 22601 SHEET 9 OF 17 GLAIZE DEVELOPMENTS, INC. FUTURE SECTION tw INST. #020008672 ZONE: RP 64—((A))-117uSE: vncANTN67'26'28"E N68'01'3 3"E 105.41i ,= 100.70'O -----N Nr - 25' BRL '� W 25' BRL m o0I c9 In LOT 116 20' Q LOT 117115rn J,II a 13.148 SF0 13,987 I . COO 'ten�� 0 L 35' BRL- N N 4�2-1 35hN5933'40"E10.0o LOT 1i8 20.013.75'SANITARYo SEWER ESMT. S7Z26 25, C62 32 44, E a o Cqy�� ,n 0 .51 17. 70' %%% C5 8 °as' s h N�60 LOT 149 o1 I LOT 148v,` /> . 68 88, s°0 14,822 SF/ �v�j\s?gip, 4 iALu O�q LOT 150 ` 2 I� mow/ ��vj �S \ lJ v� ' �o �„/ B,Q \ 2p ' j �/ LOT 147 00, 20' STORM N �f �/ 0Qv 17,810 SF DRAINAGE p \ESMT. LOT 151 N p ryo, 6s 7 0,4k h LOT 146 LOT 136 O Nc?9Q0 0, (&T S' -10. LOT 135 �4 FINAL SUBDIVISION PLAT yT r[ OF RAVEN POINTE Df SHAWNEE MMAAGI�TERIAL DISTRICT FREDERICK COUNTY. IA SCAISCALE't' v 50' DATE: DULYLY 6.2004 GRAPHIC SCALE A. Si0IM a Silbert w. Clifford & associates �. 002M A DIVISION OF G 29 so 100 Q%��-prj� PATTON HARRIS RUST & ASSOCIATES A PROFESSIONAL CORPORATION CONSULTING ENGINEERING - LAND SURVEYING - PLANNING 117 E. PICCADILLY STREET. WINCHESTER, VIRGINIA 22601 1 inch = 50 ft. SUR (540) 667-2139 SHEET t0 OF 17 CD ?p tij fv , pOr ti VjsOq/�R 16O b�S SEE SHEET 12 c ` LOT 143 SEX CAHILLE DRIVE tz LOT 147 �^ \ S) SScI' O)• O ° C7\,. RA csSi�4'ee e FK,LOT 146 / s�S4¢��?��R��o dy> 16,616 SF / S :� i�S •, R ��"/.0%• / S43'S9'33"E � S86• C�) \ 4'9. /�^� �p9v 70.85' 1�Og 0 OAF°r^� �� LOT 145 i / 4�9 F s 21,035 SF /0• C U _ Soo,?, CF ss. 1O 14) LOT 144 % �•� !CrA y 36,992 SF o p p :o�j °�/ J Lr � 1 O 7°p EX. 10, :'F#FR E5117T w 4� ✓ Orl � 2 I � � J 579-50,19"w D: ~ SLt.CnON COT 1'3p I FINAL SUODIMSION PLAT RAVEN POINTE SECTION 5 SHAWNEE MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA �+ SCALE: 1' • 50' DATE: JULY 6. 2004 GRAPHIC SCALE 0 Y A 2342 a giibert w. Clifford N associates No. 002342 U n So 100 2l G fl PATTON HARRIS RUST & ASSOCIATES " 1 A PROFESSIONAL CORPORATION CONSULTING ENGINEERING - LAND SURVEYING - PLANNING 1 inch = 50 ft " SUtZ 117 E, PICCADILLY STREET,6NC2H1ESSTER. VIRGINIA 22601 i SHEET 11 of 1 f} ' LOT 149 N i 27.LOO, LOT 148 J -54 o LOT 147 y 20 v 10 — o ' Fw/oo' 563736'31 0 'A 03 h 9.Sg• 79.44' 0/ C6— — '4 ago *wn' 'w i"71 LOT 117 SEE SHEET 10 ' 31'37"E S10'09'41 "E 173.85' 90.75' _ ow 80.00' m 30 DRAINAGE EASEME Iq o hm LOT 1181 I J LOT 119 -�l(p C71/.� 16,235 SF iJ{dim 12,000 SF 20' SANITARY la SEWER ESMT.� �l ICI 0 35^BRL J o L —35 _BRL— �� 20' SAN. SEWER 4, 7p• C C46� 2 =sue ro C45 C72 20' SAN ESMT SEWER �r •"� �0 35' � � O N (TOTAL) ESM T. S10'09'41"E 276.71' (TOTAL) K(LLANEY COURT SIo'09.41"E 50 R/-W 276.71' S10'09'41"E 275.71' (TOTAL) TEO 80.00' 20' WATER EASEMENT �o rod o,� gRLI — 35'—BRL 1 v) r 35' BRL , c"o� cn— — — — `o I I cis m 0` I LOT I� cn r �/ /m �Iv�^l�LO7 i4 aI�I 1012.00o141g1tOj S 00 �IP % CO 12. 715 SF CD I Ri I oo SF I m m / o u3ro �I 1� �I o v 3 "IaD r L >� ti fQ.LOT 75,5791SF 1N I ^ 1 �I 1 I cn �, ors S09'49' — — 25_BRL L — 25' BRL — Jo c DRAINo J 9.86'42"IN . v 1 117,53' 92.88' 80.00' f r S10'09'41 E 1008.29' (TOTAL) EX. CRAHILLE DRIVE' t' RAVEN YANG SECTION 154' I Ir LLOT 16 LOT 15 LOT 18 LOT 17 GRAPHIC SCALE o 25 50 too 1 inch = 50 M FK& SUBDIIASION PLAT RAVEN POINTE SECTION 5 SHAWNEE MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA SCALE: 1" - 50' DATE: JULY 6. 20G4 gilbert w. Clifford & associates A DIVISION OF PATTON HARRIS RUST & ASSOCIATES A PROFESSIONAL CORPORATION CONSULTING ENGINEERING — LAND SURVEYING — PLANNING 117 E. PICCADILLY STREET, WINCHESTER. VIRGIN7A 22601 (540) 667-2139 SHEET 12 OF 1 GLAIZE DEVELOPMENTS, INC. INST. #020008672 64-((A))-117 ZONE: RP USE: VACANT FUTURE SECTION 6 �1O0P1') LOT 124 ��Z'•. �5a �p quo as< N2Ei 49' p7!p S10'09'41 "E 173.85(TOTAL 6p O9. 80.00' w 13.85'DRAINAGE 0' N10'09'41 "W EASEMENT 204.39' �� LOT 123 LOT 121 I LOT 119 oImLOT 120J1 �IJ 12,t1s sF-�I LOT 12 �s � m ��10 12,000 SF M 0l� 01� Cnla 12,298 SF Flo a)lo�wl� o.'o Irv. _ (-'I 10 Ir rl - :Ir tp m 01 1 120' SANITARY ( fl r S41'48'46"E o _! I I SEWER ESMT. I 3g16R� 32.50, 35' BRL 35' BRL N L - — — — — — -i-L_---- _ 229.25_ 52 5 30 11.99' Bfl.nQ' C p S10'09'41"E 276.71' (TOTAL) - S10.09'41 "E 276.71' KIDNEY COURT o 71' TOTALZ 80.00, WATERIEASEMENT LOT 141 to 35' BRL r 35 BRL LA CA IGLOT 140 I ZI I Irn of I 12,000 SFQ1, .16 LOT 139-1�, CAI u, I r ED 70I9 o4a) 12,484 SF �o m I ( r M. to lqlr rl6- c*i I0° :N07'13-35-W - Iv 4' ' STORM DRAI AGE ESMT. O v 80.00' _ 84.57' IN10'09'41"W 1008.29. (TOTAL) RAVEN WING - SECTION 1 LOT 16 LOT 15 LOT 14 I I f N C43 �C CIl orn LA ` 35' gRl !, Io LOT 138 1 - 13.866 SF 0 r LOT 13 LOT 137 LOT 12 L) FWAL SUBDIVISION PLAT RASL"sCiION S SHAWNEE MAGISTERIAL DISTRICT FREOERICK COUNTY, 6IA � SCALE: 1` - 50' DATE: JULY LY 6, 2004 A. smilax Silbert w. Clifford &associates a GRAPHIC SCALE No. 002�42 A DIVISION OF U 25 50�100 47 af( PATTON NARRIS RUST & ASSOCIATES A PROFESSIONAL CORPORATION CONSULTING ENGINEERING - LAND SURVEYING - PLANNING 1 Inch 50 ft 117 E. PICCADILLY STREET, WINCHESTER. VIRGINIA 22601 (540) 657-2139 SHEET 13 OF i w_ to LOT 120 LOT 121 16g 0p•4g 0j"W ��'r0 rA�) 1 3 Oc 20' STORM DRAINAGE ESMT. e 2� / LOT 122 4 y 3 r 15 4Q• C� 0 0 cs4 N i c1j LOT 138 C42 (o or—_ -- _ �� LOT 137 J Q 14,455 SF 4r corO/i.� Os n1N�ce:s' � 94 1�.1'>3�\ (Tp tot Tq 4) GLAIZE DEVELOPMENTS, INC. INST. #020008672 64-((A))-117 a % ZONE. RP ry USE. VACANT r--- FUTURE SECTION 6 a 6Z 1�N43-3W42"W 240.00' (TOT 80.00' In 1 ?S' — , in LOT 125 I 1--25-6RL -I`l I LOT 123 1 1 I_: l012,219 SF ! En LOT 124 Ig Ln m 1 I 41 12,000 SF 1 I" Jcn o, l o 0 OO N ! I = r ;a _!X MI� rmi r-p 1 r r ! OI --4 20' SANITARY I la ' B SEWER ESMT.� !� ( _ 35' BRL + 1 �o_ 35RL I ' 2.56' 14.73' N4338'42"W 334.73' (TOTAL) KILLANEY COURT N4338'42"W 400.46' 50' R/W N43'38'42"W�;34 7 ' (TOTAL) C��20' 70� 80.00' WATER EASEMENT 35' BRL , r 35' BRL 1z LOT 134 LOT 136 1 zi LOT 135 jN m 12,804 5-1�,N►o 12,000 SF pl�) m N o001� dim! m +-;1 I 1 1 1 Ln ur t3n•a o 94.28' _-- OPEN SPACE /V2673 43+W 30,593 SF 0.7023 AC. [OT 10 1 \3$, go, to?. e FK4L SUBDIVISION PLAT �Ay�H of RAVEN POINTE SECTION 5 SHAWNEE MAGISTERIAL DISTRICT pZRAI f FREDERICK COUNTY, VIRLY 6. IA SCALE: 1" - 50' DATE: DULY 6, 2004 gilbert w. clifford & associates GRAPHIC SCALE u No. OOM > A DIVISION OF 0 zs 30 1GO PATTON HARRIS RUST & ASSOCIATES A PROFESSIONAL CORPORATION ¢ CONSULTING ENGINEERING - LAND SURVEYING - PLANNING 1 inch 5O ft. 117 E. PICCADILLY STREET, WIN 2139�. VIRGINIA 22601 SHEET 14 OF 17 » Om GLAIZE DEVELOPMENTS, INC. ZONE RP o INST. #020008672 USE VACANT "6 " FUTURE SECTION 8 64-((A)N43' 8'42"W 240.00' (TOTAL) 5rT—\2 49 '1,'19"W 267.68' N 80.01 80.00' P LOT 128 Pb1 DRAINAGE BRaN v► � r 25' BRL 1 r 25' BRL ,rn m mI 1 I I27101 1ALOT 125 LOT 126 1 L12.101SF-.I*) m t Io 12.000 SF_I NI 12,000 SF _!� LOT 124 -, t I O� �o; I q o�0 1 W- W .I Ou cup ':11m mio�ml� �iwf = IGI'— ;up I ;u r I. N , r IO] r I V W C: l I g I I I 0�y (nn •I 35' BRL 1 1 35' BRL 1 I 1------J L; ,o----� P45.04' ' o 15 62 '46"E 12.56IS!41 4r 80. 0 N43'38'42"W 334.73' (TOTAL) ANITARY KILLANEY COURT N43'38'42"W 400.46' G ESMT. 50' Rto? —- 0 N43'38'42"W 334.73' TOTAL - CI7SF 8�0' 80.00' 58.28 20' WATER EASEMENT q z �r--.--------,---- NI 35 BRL I I 35' BRL I I 35' BRL LOT 135 m 141 LOT 134 I IA1 LOT 133 1 I rrIZ; 12,000 SFo1G `IQ 12.000 SF-'I�I�I— m Im to �I m SIG 1 LOT m mp m� �14,81Jof I '''1 I� MIr0I 1 41 tu CV �L -25BRL J L -2S' BRL- J L 25_ B0.00' 80.00' 89.2 N4.1S 1 d7 W STORMDRAIN------- 235.98'~ a \ tor 4 GE ESMT, c' OPEN SPACE 023N26 2120.70AC. 1�v for S WR4 JrN LNG � 33 �Ql tor 9Cn tor a FINAL 51,19101INSICN PLAT RAVEN POINTE SECTION S SHAWNEE MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA SCALE: 1' - 50' DATE: JULY 6. 2004 GRAPHIC SCALE 5 2 a 911bert w. Clifford associates No. 002342 OF 25 so 5oo O72i PATTON HARRIS RUST & ASSOCIATES A PROFESSIONAL CORPORATION CONSULTING ENGINEERING — LAND SURVEYING — PLANNING 1 inch = 50 ft �Utciv 117 E. PICCADILLY STREET, WINCHESTER, VIRGINIA 22601 (540) 667-2139 SHEET 15 OF 1 O ry t-0 N or r FUTURE SECTION 6 19.5n GLAIZE DEVELOPMENTS, INC. INST. ,#020008672 0 64—((A))-117 ZONE: RP v I USE: VACANT C-' N3921'19"yy " 267.68' (TOTAL) S54*02 ` FB8 84.30 _ •�- 0.a � 4•"�7'�ly.l• ��'",. � ti� ?1' I `"f25' BRL 06' >r. S' O• 10' Z ,� -- I— S43'27'37"W o+, LOT 127 l3 I q 20.11' w Fo"ID LOT 128 X N I'— 130349 SF w N �► w In 20' SANITARY •,h •�� ts�;0)1 SEWER ESMT. D. `�� ! �': • o S51'51'33E o• o 200.2,E62 i0 �. S2�0, F, `r'�``9 T `s CIS 20' 7� 9 08 F 00 \ ;�p US TLIS ca KILLANEY GOURT� w — 50' R /W 549'13 57"E LOT 131 15,324 SF ---- 25—BRL --- " 173.83' ice" i N43'38'42"W RAVEN WING — SECTION 1 4 LOT �W `0 Fs� "i 0 0 I� d) z � m W N NOTE: NO STRUCTURES OR FENCES ARE ALLOWED WITHIN WITHIN THE ROAD EFFICIENCY BUFFER ON LOTS LOTS 128 THROUGH 130. RNA- StJf3DINS10N PLAT RAVEN POINTE SEC710M 5 SHAWNEE MAGISTERIAL DISTRICT p} FREDERICK COUNTY. VIRGINIA SCALE: 1" - 50' DATE: JUEY 6. 2004 o y A. MIM gilbert w. Clifford & associates GRAPHIC SCALE No. 002342 ' A DIVISION of o n so Sao �/ PATTON HARRIS RUST & ASSOCIATES A PROFESSIONAL CORPORATION [•,_ CONSULTING ENGINEERING - LAND SURVEYING - PLANNING 'WD 117 E. PICCADILLY STREET. VANCHESTER. VIRGINIA 22601 1 inch = 50 M (540) 667-2139 SHEET 16 OF 17 LOT 128 KILLANEY COURT 50' R/W LOT 131 Kim; 1 LOT 4 19-Nko f8ss8' (ToT aC) o 84.31' S54.02'41 "E N 80.00' �� z ii 0 p i / oIa�c I In I D-- jg� LOT 129 \ \rpm I w cn I 1 v 0 N � N L V z SEE SHEET 15 io N rT1 o t� C w 0 LOT 130 (A00 '` o iA I 1/ I A I ZE I� O Z UD I z 0 in 'a 80.00' nD Corn C7 W 1V I;o lc�rC110N f In t 0 o �s0_o0 Obi / LOT .3 ` z !' N N C 2 �v`. To t^ 80.00' D 44.05 124.05' LOT 2 S61'35.20�E NOTE: NO STRUCTURES OR FENCES ARE ALLOWED WITHIN WITHIN THE ROAD EFFICIENCY BUFFER ON LOTS LOTS 128 THROUGH 130. FINAL SUBDIHSIOH PLAT ti,TH 0 ` RAVEN POINTS f N 5 SHAWNEE�gSTEERIAL DISTRICT O} FREDERICK COUNTY. VIRGINIA SCALE: i' - 50' DATE: JMY 6, 2004 GRAPHIC SCALE A a gilbert w. Clifford &associates j�0. OM 2 A DIVISION OF o zs so +i Q7 j o� PATTON HARRIS RUST & ASSOCIATES _ A PROFESSIONAL CORPORATION t!. CONSULTING ENGINEERING — LAND SURVEYING — PLANNING gUV45� IT7 E. PICCADILLY STREET. 1NNCHESTER. VIRGINIA 22601 1 inch = 50 M (540) 667-2139 SHEET 17 OF 17 • In 2002 the developer of Raven Pointe approached the County to request a design modification to the Master Development Plan (MDP) which would have relocated open space planned for directly east of existing lots in RavenWing, and replace the open space with residential lots. Placement of these lots could have resulted in the placement of new homes within 25 feet of the rear property line of the existing RavenWing lots. The County determined that the MDP revision, as requested, was inappropriate based on the realization that the residents along Kinross Drive (RavenWing lots) purchased their lots with the expectation that houses would not be placed directly behind them, and that the open space would create a greater setback between homes. The MDP was not revised. • On June 27, 2003, the Raven Pointe development proceeded through the next phase in the development review process — Subdivision Design Plan - and gained approval. The approved Subdivision Design Plan did include the open space, reaffirming the approved MDP. • On July 21, 2004, the record plats to implement the Subdivision Design Plan were approved and recorded. These plats created the open space as well as the individual lots fronting on Killaney Court within the Raven Pointe development. • In 2007, when the Raven Pointe developer was preparing to transfer ownership of the open space to the Raven Pointe Homeowners Association, he realized that the open space was actually land -locked, void of a required access to the public road. Unfortunately, the ownership of the lots fronting along Killaney Court had already been transferred to other parties (home builders), homes constructed, and then the new home/lot ownership was transferred to the homeowners. This multiple layer of property transfer challenged the ability to establish the necessary access from the open space to the public road. The Raven Pointe developer approached the County with this access dilemma. After recognizing that the adjacent lots now contained residences, and establishing the required access was not possible, it was ascertained that the open space be abandoned at this location and re -locate the open space elsewhere within the overall Raven Pointe development — the developer would need to accommodate this 30,593 square feet of open space elsewhere in the development. o Recognizing that often the intent of the inactive open space is to separate residences and that the residences surrounding this open space had been constructed with structural setbacks well in excess of 150 feet (compared to the standard 50 feet separations), the County determined that the relocation of the open space would be an appropriate remedy to the lack of access issue. o On Final plats dated April 2006, (approved March 2008) the open space was Boundary Line Adjusted into the adjacent Raven Pointe lots. It was determined that since the open space was the result of the creation of the Raven Pointe development, the land area would be BLA'd into the adjacent six (6) Raven Pointe lots. Process Issues MDP identified the parcel as open space. Therefore, administrative approval of BLA plats to eliminate the open space was inappropriate. BLA plats did not have property owner signatures. While it's recognized that the property owners did sign a BLA deed 6 months earlier (acknowledging approval for the BLA), these signatures were not affixed to the Plats. This violates the County's Subdivision Ordinance ( 144-13.A) Potential resolution • Have developer revise the MDP to accommodate/locate the open space acreage lost through the BLA, or • Void the BLA plats as approval of same was in violation of the MDP as well as the Subdivision Ordinance. f COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 665-6395 August 25, 2008 Mr. Thomas H. Riemer 112 Kinross Drive Winchester, Virginia 22602 RE: Raven Pointe Boundary Line Adjustment 4" P Dear Mr. Riemer: I am in receipt of your letter dated August 14, 2008, in which you express concern regarding various events that led to the elimination of open space adjacent to your property at 112 Kinross Drive. In an effort to address the issues raised in your letter, I have met with staff from the Planning Department and County Attorney's Office to ascertain available actions that could be taken towards remedying this open space issue. After reviewing the actions which led to the Boundary Line Adjustment plat approval, the County Attorney has opined that revocation of the Subdivision Administrator's approval action is not possible. Provisions within the Code of Virginia do not exist where the County could withdraw this approval. In your letter you posed a number of questions; I will attempt to address those questions. 1) What are the individual events that occurred leading to the boundary line adjustments? Who specifically requested the survey in 2006, and who specifically requested the boundary line adjustment transactions? Were any of these requests made on behalf of others? 2) What is the county going to do to rectify the situation, replace the legally - required common space and/or compensate the affected homeowners on Kinross Drive whose property has subsequently been devalued by these transactions? Pursuant to a public hearing on a request to revise the approved Ravens Master Development Plan, you assured me in writing on April 23, 2002 that the open space adjacent to Raven Wing would not be eliminated. It is unfortunate that your staff (specifically Mr. Cheran) was unaware of this when he approved the boundary line adjustments. Finally, it appears by what has taken place that Frederick County is not adhering to its own approved plans. 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 Mr. Thomas H. Riemer Re: Raven Pointe Boundary Line Adjustment August 25, 2008 Page 2 As you noted, in 2002 the developer of Raven Pointe approached the County to request a design modification to the Master Development Plan (MDP) which would have relocated open space planned for directly east of your lot, and replaced the open space with residential lots. Placement of these lots could have resulted in the placement of new homes within 25 feet of your rear property line. The County determined that the MDP revision, as requested, was inappropriate based on the realization that the residents along Kinross Drive purchased their lots with the expectation that houses would not be placed directly behind them, and that the open space would create a greater setback between homes. On June 27, 2003, the Raven Pointe development proceeded through the next phase in the development review process — Subdivision Design Plan - and gained approval. The approved Subdivision Design Plan did include the open space, reaffirming the approved MDP. On July 21, 2004, the record plats to implement the Subdivision Design Plan were approved and recorded. These plats created the open space as well as the individual lots fronting on Killaney Court within the Raven Pointe development. In 2007, when the Raven Pointe developer was preparing to transfer ownership of the open space to the Raven Pointe Homeowners Association, he realized that the open space was actually land -locked, void of a required access to the public road. Unfortunately, the ownership of the lots fronting along Killaney Court had already been transferred to other parties (home builder), homes constructed, and then the new home/lot ownership was transferred to the homeowner. This multiple layer of property transfer challenged the ability to establish the necessary access from the open space to the public road. The Raven Pointe developer approached the County with this access dilemma. After recognizing that the adjacent lots now contained residences, and establishing the required access was not possible, it was ascertained that the open space be abandoned at this location and re -locate the open space elsewhere within the overall Raven Pointe development — the developer would need to accommodate this 30,593 square feet of open space. Mr. Thomas H. Riemer Re: Raven Pointe Boundary Line Adjustment August 25, 2008 Page 3 Recognizing that often the intent of the inactive open space is to separate residences and that the residences surrounding this open space had been constructed with structural setbacks well in excess of 150 feet (compared to the standard 50 feet separations), the County determined that the relocation of the open space would be an appropri to remedy to the lack of access issue. Since ly, r Eric R. Lawrence, AICP Director of Planning and Development ERL/bad I COUNTY of FREDERICK Roderick B. Williams County Attorney 540/722-8383 Fax 540/667-0370 April 16, 2009 E-mail: rwillia@co.frederick.va.us VIA FACSIMILE and FIRST-CLASS MAIL David H. Moyes, Esq. Jack C. Hanssen, Esq. Moyes & Levay, P.L.L.C. 21 North King Street Leesburg VA 20176 Re: Raven Pointe Subdivision Dear Messrs. Moyes and Hanssen: This is in response to your letter of April 1, 2009. In your letter, you object, on behalf of an undisclosed group of Ravenwing Subdivision homeowners, to the County's approval of certain boundary line adjustments involving open space in the Raven Pointe Subdivision. At the outset, I note that your clients are without standing to make a claim that the boundary line adjustments are void ab initio. In this regard, I note that the County is unaware of any document, recorded among the land records, in which Ravenwing Homeowners Association, Inc. or any individual Ravenwing Subdivision lot owner or any of their respective predecessors in interest was or is vested with any legally cognizable interest in any common areas/open space contained within the Raven Pointe Subdivision. In fact, to the contrary, the Raven Pointe Subdivision documents to which you refer expressly limit any benefit of that subdivision's common areas/open space to Raven Pointe Subdivision owners. Next, in response to the quotation you offer, in which you indicate that the County stated that the developer's previous request, in a revised master development plan, to remove open space from Raven Pointe "was inappropriate based on the realization that" Kinross Drive residents expected open space and a greater setback behind them, I note that the comment was made before the subdivision of Raven Pointe. In fact, the comment represented little more than a possible factual observation, based on what was known at the time, rather than a legally mandated outcome. The fact that the subject open space was landlocked (there being no means of access to it from any public right-of-way) ultimately meant that, absent the County allowing some form of modification, the area would have, among other things, apparently gone unmaintained. 107 North Kent Street - Winchester, Virginia 22601 1 1% �q -utl /C" I s�,-4.- -5-- Y David H. Moyes, Esq. Jack C. Hanssen, Esq. April 16, 2009 Page 2 In any event, again, to the extent that the boundary line adjustments affect the Raven Pointe Subdivision, that is a matter for members of that community to address. All that I will add further here is to note that the change that took place through the boundary line adjustments simply will not, as a matter of fact, have the claimed detrimental effect on the Kinross Drive residents as to open space and a greater setback behind them. In that regard, the owners of two of the six Raven Pointe Subdivision lots, who were parties to the boundary line adjustments, have executed easements prohibiting any construction or the removal of living trees in the respective portions of their lots drawn from the subject open space. These easements represent a total of 12,234 square feet, or almost 40% of the area at issue. Furthermore, the remainder of the subject open space likely is not practically usable for any purpose other than yard use. This is due in significant part to the existence of a storm drainage easement across the area, combined with the effect that side and rear setback requirements would have on the ability to place structures within the area. Even assuming some means could have been worked out to create access to the area, and the Raven Pointe Homeowners Association had then taken possession of it, the HOA could have made any use it sought of it that was consistent with it being open space. This could have included the removal of all of the trees there, all to the absolute exclusion of, and potential detriment to, interest holders in the Ravenwing Subdivision. The arrangement that actually resulted from the boundary line adjustments is consistent with the original intent of the area being open space. In the case of 40% of the area, the trees are subject to preservation, unlike before. In summary, your clients do not have a basis on which to object to the boundary line adjustments at issue. Should your clients elect to pursue further action regarding this matter, the County intends to defend vigorously against any such action. Sincerely, 0// � Roderick B. Williams County Attorney cc: Gene E. Fisher, Supervisor, Shawnee Magisterial District John R. Riley, Jr., Frederick County Administrator ✓ Eric R. Lawrence, AICP, Director, Department of Planning & Development Henry K. and Karin A. Peyton Dana L. Doyle Lon T. and Valerie H. Kramer Christopher and Susan D. Como Hazel M. Boyd Carl L. Stubbert Leslie Kibbe, President, Raven Pointe HOA COUNTY of FREDERICK Roderick B. Williams County Attorney 540/722-8383 Fax 540/667-0370 April 16, 2009 E-mail: rwillia@co.fredefick.va.us VIA FACSIMILE and FIRST-CLASS MAIL David H. Moyes, Esq. Jack C. Hanssen, Esq. Moyes & Levay, P.L.L.C. 21 North King Street Leesburg VA 20176 Re: Raven Pointe Subdivision Dear Messrs. Moyes and Hanssen: This is in response to your letter of April 1, 2009. In your letter, you object, on behalf of an undisclosed group of Ravenwing Subdivision homeowners, to the County's approval of certain boundary line adjustments involving open space in the Raven Pointe Subdivision. At the outset, I note that your clients are without standing to make a claim that the boundary line adjustments are void ab initio. In this regard, I note that the County is unaware of any document, recorded among the land records, in which Ravenwing Homeowners Association, Inc. or any individual Ravenwing Subdivision lot owner or any of their respective predecessors in interest was or is vested with any legally cognizable interest in any common areas/open space contained within the Raven Pointe Subdivision. In fact, to the contrary, the Raven Pointe Subdivision documents to which you refer expressly limit any benefit of that subdivision's common areas/open space to Raven Pointe Subdivision owners. Next, in response to the quotation you offer, in which you indicate that the County stated that the developer's previous request, in a revised master development plan, to remove open space from Raven Pointe "was inappropriate based on the realization that" Kinross Drive residents expected open space and a greater setback behind them, I note that the comment was made before the subdivision of Raven Pointe. In fact, the comment represented little more than a possible factual observation, based on what was known at the time, rather than a legally mandated outcome. The fact that the subject open space was landlocked (there being no means of access to it from any public right-of-way) ultimately meant that, absent the County allowing some form of modification, the area would have, among other things, apparently gone unmaintained. 107 North Kent Street • Winchester, Virginia 22601 David H. Moyes, Esq. Jack C. Hanssen, Esq. April 16, 2009 Page 2 In any event, again, to the extent that the boundary line adjustments affect the Raven Pointe Subdivision, that is a matter for members of that community to address. All that I will add further here is to note that the change that took place through the boundary line adjustments simply will not, as a matter of fact, have the claimed detrimental effect on the Kinross Drive residents as to open space and a greater setback behind them. In that regard, the owners of two of the six Raven Pointe Subdivision lots, who were parties to the boundary line adjustments, have executed easements prohibiting any construction or the removal of living trees in the respective portions of their lots drawn from the subject open space. These easements represent a total of 12,234 square feet, or almost 40% of the area at issue. Furthermore, the remainder of the subject open space likely is not practically usable for any purpose other than yard use. This is due in significant part to the existence of a storm drainage easement across the area, combined with the effect that side and rear setback requirements would have on the ability to place structures within the area. Even assuming some means could have been worked out to create access to the area, and the Raven Pointe Homeowners Association had then taken possession of it, the HOA could have made any use it sought of it that was consistent with it being open space. This could have included the removal of all of the trees there, all to the absolute exclusion of, and potential detriment to, interest holders in the Ravenwing Subdivision. The arrangement that actually resulted from the boundary line adjustments is consistent with the original intent of the area being open space. In the case of 40% of the area, the trees are subject to preservation, unlike before. In summary, your clients do not have a basis on which to object to the boundary line adjustments at issue. Should your clients elect to pursue further action regarding this matter, the County intends to defend vigorously against any such action. Sincerely, Roderick B. Williams County Attorney cc: Gene E. Fisher, Supervisor, Shawnee Magisterial District John R. Riley, Jr., Frederick County Administrator f/ Eric R. Lawrence, AICP, Director, Department of Planning & Development Henry K. and Karin A. Peyton Dana L. Doyle Lon T. and Valerie H. Kramer Christopher and Susan D. Como Hazel M. Boyd Carl L. Stubbert Leslie Kibbe, President, Raven Pointe HOA a Moyes & Levay, 111-L.C. Attorneys at Law APR 2 2009 21 North King Street Leesburg, Virginia 20176 David H. Moyes Alexander N. Levay, P.L.L.C. Michael D. Sawyer Jack C. Hanssen April 1, 2009 Roderick B. Williams, Esq. Frederick County Attorney 107 North Kent Street, 3rd Floor Winchester VA 22601 rwillia@co.frederick.va.us 703/777-6800 Fax 703/777-8429 moyeslevay @ aol.com Re: Raven Pointe Boundary Line Adjustments between Glaize Developments and Homeowners on Killaney Court, recorded as instrument numbers 080003061 through 080003066 among the land records of Frederick County, Virginia. Dear Mr. Williams: We have been retained by a group of Ravenwing homeowners to assert their interest in common space which had been platted common space in "The Ravens" Master Development Plan (MDP). The developer recently conveyed this common area to individual homeowners within Raven Pointe through the above -referenced, County approved, boundary line adjustments. These BLA's are void ab initio because they were done without the consent of the adjoining Ravenwing homeowners and the Raven Pointe Homeowner's Association. The County was well aware of the Ravenwing homeowners' interest in this common area. The developer had previously requested removal of the dedicated common area through a revised Master Development Plan. The County noted to the developer that the revised MDP "was inappropriate based on the realization that the residents along Kinross Drive purchased their lots with the expectation that houses would not be placed directly behind them, and that the open space would create a greater setback between homes." This "realization" was the product of several public meetings in which the owners demanded preservation of the advertised common areas contained in the original MDP. Accordingly, the developer abandoned its efforts to revise the MDP, and proceeded to dedicate the area between Killaney Court and Kinross Drive as common area open space. The Raven Pointe subdivision documents subject this common area to an easement for common use and enjoyment and require that it be conveyed to the Raven Pointe Homeowners Association. Without regard to the original MDP, the recorded deeds, or covenants, the County proceeded to approve the above -referenced BLA's transfer of the property to individual lot owners without the consent of Kinross Drive homeowners (let alone the Raven Pointe Homeowners Association). The justification given by Mr. Lawrence for this approval was that the County had determined the Kinross Drive homes to have sufficient setbacks without the common area because they "had been constructed with structural setbacks well in excess of 150 feet." The County's determination in this regard was an officious usurpation of the Kinross Drive homeowners' property rights (along with the Raven Pointe Homeowners Association's). As the owners of a property interest in the common area, these owners were the only ones with the right to determine the sufficiency of their setbacks and buffers. The County should have required their consent to the BLA's. The County's failure to require such consent renders the conveyance of the common area void. We hope you will assist us in reversing the damage caused by the developer's attempt to circumvent the approved MDP, recorded subdivision plats, covenants and easements. We are copying this letter to the Killaney Court homeowners who received this land in hopes that a negotiated resolution will be possible either in the form of a declaration voiding the transaction or some other appropriate remedy. Please contact us to discuss what actions can be taken at this time. Hopefully litigation will not be necessary and the parties will be able to work together to achieve a mutually. agreeable outcome. FH. y Yours, Moyes Jack C. Hanssen Cc: Eric R. Lawrence AICP Director, Dept. of Planning and Development Gene E. Fisher Supervisor, Shawnee Magisterial District Cc Clients Cc Killaney Court Homeowners: Henry K Peyton, Jr. and Karin A. Peyton Dana L. Doyle Lon T. and Valerie H. Kramer Christopher and Susan D. Como Hazel Marie Boyd Carl L. Stubbert Leslie Kibbe, President, Raven Pointe HOA October 1, 2008 JP Carr Glaize Development Piccadilly Street Winchester, Virginia 22601 RE: Raven Pointe, Section 5 Open Space Dear Mr. Carr - As you are aware, the County has received numerous inquires as to the legality of the recent elimination of a 0.7 acre open space parcel within the Raven Pointe, Section 5 development. We quickly learned that elimination of the open space was in violation of the approved Master Development Plan. Upon further review of the associated Boundary Line Adjustment (BLA) plats associated with the elimination of this open space, we have identified a number of issues that would indicate that these plats do not comply with County Code, and are therefore invalid. The invalidation of the associated Boundary Line Adjustment plats affect Raven Pointe, Section 5 lots 132, 133, 134, 135, 136, and 137. Based upon this information, it would be presumed that the 0.7 acre open space continues to exist, and the adjacent lots did not properly acquire additional acreage as would be suggested by the recordation of the boundary line adjustment plats. The key elements missing from each set of Boundary Line Adjustment plats are the property owner signatures. Property owner signatures are required on all final plats per Subdivision Ordinance 144-13A: "The final subdivision plats shall contain signatures of all owners, surveyors and review agencies, A boundary line adjustment plat operates as an amendment to a subdivision and therefore is a subdivision plat, subject to Subdivision Ordinance 144-13A. In fact, one or more of the Raven Pointe Boundary Line Adjustment deeds includes a plat that was reviewed by the Subdivision Administrator well subsequent to the execution date of the deed, raising an issue as to whether the owners in fact agreed to the particular adjustment; this would be precisely a reason for the plat signature requirement. Simply put, sans the property owner signatures on the plats, the plats are invalid. A suggested resolution would be to revisit how the open space parcel would be eliminated and to where it would be relocated. I would' suggest that you secure support from all property owners adjacent to the open space (those located in Raven Pointe as well as those in RavenWing) regarding who would obtain ownership of the open space parcel, and then seek the County's approval of a revised Master Development Plan for the Ravens development. Once the Board of Supervisors completes their review of the MDP revision, the County would be prepared to act on properly drafted and executed Boundary Line Adjustment plats. Please contact me should you have questions regarding this issue. Sincerely, if _. Eric R. Lawrence, AICP Planning Director Cc: Gene Fisher, Shawnee Magisterial District Supervisor John R. Riley, Jr., County Administrator Mark Cheran, Subdivision Administrator Rod Williams, County Attorney Stephen Pettler, Harrison and Johnston Cory M. Haynes, PHR&A 1 OK97 I PG007 I FWL. PLAT RavenWing -- Section 1 Shawnee Magisterial District Frederick County, Virginia 50 Project Area �tt� yap APPROVE BY XVirginia Department of Transportation _ Date 5•' 1 Frederick County Sanitation Authority pat 3 OO Frederick Co. Subdivision Administr Date' OWNER'S CERTIFICATE The above and foregoing subdivision of the land of JENI COMPANY, as appears in the accompanying plats, is with the free consent and in accordance with the desires of the undersigns owners, proprietors and trustees, it any. d�(/f 11 3/ UtJ Date �W 1l NOTARY PUBLIC a Ngtary Pu lic ip, and f r the Sate of Vir inia, at large,, do certify that — rit g4- ; rt eLy iu i e p - , whose names are signed to tkb foregoing Own is Certificate. have acknowledged the same before me in my state. Given under my hand this day of _, 2000. My commission expires SURVEYOR'S CERTIFICAtt I hereby eertify that the property contained in this subdivision is a portion of the properties that were conveyed to JENI COMPANY by deeds dated January 7, 1999, January 13, 1999, July 20, 1999. August 25, 1999 and September 20, 1999 as recorded in the Office of the Clerk of the Circuit Court of Frederick County, Wrginla is Dead Book 906 at Page 844, Deed Book 926 at Page 929, Deed Book 946 at Page 394, Deed Book 9" at Page 388 and Deed Tg 00 Book 949 at Page 590, reppectively. G� P. NE P. Duane Brown, L.S. DUA n�] BRUWN DATE.- MARCH 17, 2000 1 COVER 5ET7 FILES C:\RAVENMNG1.DWG. No. teas w. d fwd a: assodatas, b m Mareli iTtoao ENGWE ERS — LAM PL WARS — SURVEYORS SHEET SUPtVE UW-C a" Qmwdle arc. 200 N"r+ti o-Nm- Sir" OF F.at�ld" 6-2 MOM° 22M 04odr. 0" ?2eD! 20 (eto) ees-sna (ems es� nay s=• - ' ,>' _��✓ ��. fir,, �_-, OK97 i PGO072 Carve Table MC—T 1 1 3 1 1578'25' 1 500.00' 1 13103' 1 MY 1 134.62' 1 N175353"W 14 1 5131.00' 54.00' 1 4& 55" 1 26.06" 1 46.93' 1 N0752.18 E 15 1 5131'00' 54.00' I 48.55' 1 26.06' 1 46.93' 1 N4338 42-W 16 1 513100' 1 S4.00' I 48.55' 1 26.06' 1 9.93' 1 S8450Y8'W 1 18 1 455034' 1 35.00' 1 28.00' 1 14.80' 1 27.26' I S4176737"W 1 26 06 4155' 527.00' 61.61' 3Q 84' 61.58' S1330'39 E 27 045624' 527.00' 4544' 2273' 45.42' S1919.48 E 28 1 89'07'48' 1 35 00' 1 54.45' 1 34.47' 1 49.12' 1 S2245 54'W 54. 74 �$ y Raven 1, P. r Shawnee Magisterl DUANE x BROWN DA7E: MARCH 17. 2000 pw,ca..s a�iw...✓ W. Na 1285 — Fiarc�i /7 Yoae IWO aM amamm aM i RSMflaf es Vik zm CP L !0 D-ma Ing sw Section .1 istrict, Frederick County. Virginia CURVE TABLE I RLE#: C. \RAVENWINGI.DWG amomb� 8084 PLANNERS — M rm011 Caams Shim SHEET �Ilallsa . 11191fY Z01 2 OF 2D OK91 1 PGO013 Curve Table CURIE Da TA RADIUS ARC TANGENT CHORD BEARING 36 4718'07' 54.00' 44.58' 2365' 43.33' N8335'19E 37 513100' 54.00' 48.55' 26.06' 46 93' N3470'46E 38 5131'00' 54.00' 48.55' 26.06' 46.93' N1720'14'W 39 544646' 54.00' 51.63' 27.98' 49.68' N7029'07'W 40 3248 31' 54.00' 30.92' 1190' 30.50' S65 43'14'W 41 7623'48' 3100' 46.67' 27.54' 43.29' S873053'W 42 3010700" 273.00' 14350' 73.45' 141.85' H391344"W 43 MOM' 27300' 66.75' 33.54' 66.58' Ni7D9'57'W 44 93102'14' 35.00' 56.83, 36.91' 50 79' N3621'26E 45 1331'38' 54.00' 1275' 6.40' 1272' N760644E 46 513100" 54.00' 48.55' 26.06' 46.93' N4335 25 E 47 5131'00' 54.00' 4855' 26.06' 46.93' N075535'W 48 5131,00, 54.00' 4d55' 26.06' 46.93' N592635'W 49 78'4555' 54.00' 74.23' 44.33' 68.53' S5524 57'W 50 66W'33' 35.00, 40.83' 23.10' 38.56' S4927'16'W 51 863746' 35.00' 5312' 33.19' 4d 17' N5338 34'W 52 90*0000' 35.00' 54.98' 35.00' 49 50' N34*50'19E 53 0213'10" 527.00' 20.41' 10.21' 20.41' N784344E 54 1048 55' 52400' 99 48' 49.89' 99.33' N7212'41 E 55 .8733 41' 35.00' 53 49' 33 54' 48.43' S692456 E 56 32V9'17' 527.00' 29176' 151.89' 291.89' S414244 E 57 8672 03' 35.00' 5266' 3275' 47.83' S14'41'21 E 58 WOW a 759.58' 67.09' 33.54' 67.06' N6175'19"W 59 00'4725' S 759.58' 1 79.45' 1 39 73' 79.45' 1 N61 *59'03'W 60 00'43W S 759 58' 73 54' 1 36.77' 7354' N62'44'42"W The property represented herein is shown on Frederick County Tax Map 64A((7)) as Parcel 9 and is a portion of the property shown on Frederick County Tax Map 64((A)) as Parcel 113. t P. D LIANE ,r yN �i v>°. •ar..�. Marcb 17 taeo <q� ? FINAL PLOT RavenWin� Section 1 Shawnee Magisterial District. Frederick County. Virginia DATF-1 MARCH 17. 2000 1 CURVE TABLE r FILE#: C: \RAVEN MNG1.DWG ENO= w. dlffm & aaoclatw hm SLIRVEYDRS 100-C a1M ammo Y Dills LAND Pl Al! _ m We 0� abut MiliM0WS imam xW ald+odr. VIWIY Z =m (dldi all-21f0 (0�01 007-4170 8084 SHEET 3 OF 20 i OK91IPGO014 Area Summery Area in Lots 24.4W Acres Area In Open Space 19187 Acres Area In R/W 6.7488 Acres TVTAL AREA SUBDIVIDED 37:1238 Acres Number of Lots 80 Average Lot Size t3,3f6 Sq. Ft. Smapast Lot Size /2011 Sq. Ft PIN 64—A-113 Residual Area 7H49 Aaron MINIMUM SETBACK REQUIREMENTS FRONT = 35' REAR 25' SIDE = 10' MINIMUM LOT WIDTH AT SETBACK: 70' MINIMUM LOT WIDTH AT RIGHT—OF—WAY: 40' MINIMUM LOT SIZE: 12,000 SO. FT. EXISTING ZONING` RP EXISTING USE.• VACANT All lots are single family detached — urban. All lots ore subject to a 20' Slope & Drainage Easement along all rights —of —way and a 10' Utility & Drainage Easement along all property lines. No structures are permitted within the Road Efficiency Buffer. No Woodland (as defined by the Frederick County Zoning Ordinance, Chapter 165) Disturbance is permitted within the Road Efficiency Buffer and the Road Efficiency Buffer Easement located on Lots 2 and 3. A typical Road Efficiency Buffer, as identified in the Subdivision Design Plan, shall be provided In areas where Woodlands do not exist. The Frederick County Inspections Department and Deportment of Public Works will require Detailed Site Plans for Lots 1-6. 8. 20-21, 25-27. 30-31, 39-40, 46, 49-50, 62 and 63 at the time of Building Permit application. All Site Plans shall conform to the following requirements: Locate Dwelling within BuPding Lot; Indicate setbacks and driveway locations relative to the dwelling; Depict all casements; Show existing and proposed contours, drainage swales and pipes; Indicate location and relative invert elevations of sanitary sewer laterals; Establish finished floor elevations (first floor must be above 100 year storm level); If basement level is below 100 year storm elevation, provide foundation drainage system and waterproofing details; and If the song' ary sewer lateral enters the house above the basement floor elevation. indicate a cut—off wall detail for the sewer lateral. )IS RavenWmg� Section 1 Shawnee Magisterial District, Frederick County, Virginia R w NEDATE: MARCH 17. 2000 GENERAL NOTES FILEx C: \RAVENINNG1.DwG 1jROVN�& OgOdetse, ina 8084 NEL SURVEYORS /78.CO�1 LAB�s — SHEET �'q4o �+oD eve ms (a+oD ee�z� OF 20 1 � � ow I FG0075 � + SNEET 6 OF 20 58 i R f 59 o P14"4EII SPACE • t r 9AY EA9Ei�llr • . t l 1 t ! f f ..�� t I GLARE MUMS= MC. tZW4 Rv um w4wr tfAst>)tilr SPACE ~;fix:♦OPEN ; ,wis Amm a+, �'•: ♦ ♦ a ♦ • ♦ + ♦ • of s ;s ♦ • S161Y 6fSEiLJMr ,1{ ♦♦•♦♦♦�♦♦♦ �,.,w♦*f♦ate♦ I "Vr+ i (rt�fif irrae ♦ . ♦ Z RA USC VACANT 12 %s ROUT£ 50 (Nu w w pw N VAMW WIN RJW FlIUL PLAT • RavenWh ~ Section 1 P. maw � e nvorick Caat►ty. vuvoa www"i OAIE: MARM 17. ?A00 I 6CML V-W FILE* *\RA%VIM , MC to %7,lrms Y � iAllQ PLAMrERt ,� �IOi T a�ag1 OF BK97 I PGO016 51 N I �- 52 :W 21AW SEE SHEET 7 OF 20 sAM SEwxD r .7. 777 {No '191E rt se9 1 i i OPEN SPACE i .14294 ACRES I 4 40 z z i day to y (E�Z 57 58 KRONA pRlW 54' R� 59 1 SEE SHEET s of 20 FINAL PLAT r RavenWing -m Section 1 Shawnee Magisterial District, Frederick County, Virginia P. DUAlff HRDVN � DATE: MARCH 17, 2000 7SCALE: 1'=80' 1 FA.EJ: C:\RAYENWINGI.DWG a,� ~� �L �t� LAmo PLANERS — SURVEYORS $084 ND 1283 Mwneh 17, 90ee <,q �v$ 10?-4 Q�wld� 4M 20 NW& Q�ea� 34wt SHEET n.wrw.a W" 2M .ww.r vprs nm 6 C up -on 0 X 60 120 t l Err -=a OF 20 i F:�.: 0 . 4, tpW a - BK97 I PGO077 f 7 14 3 I -- 56135 20 o, fg I 44.0. 13 i A 12 2 i r 1f ICm N Q Q fh N ro co y 20' WAM? EASflm ....,,, OPE N SAP C�, orraafAr LO EAsaar ` `:•::>: 1`' ti i N 20 �. ��9, (nf�ovsf'w toaes7 slat Easauaar —�/. + mac. j Al .c A StAA M" EASaW H*s g U 18 a 51 1>HaaracE r OPEN SPACE {nos�i't9 E 7258) .14294 ACRES ti 52 SEE SHEET 6 OF 20 rr11 AL Pflu TH OF �r RavenWing '`' Section 1 �„ Shawnee Magisterial District, PYederick County, Virginia BROWN P. NE P4 DATE MARCH t7, 2000 SCALE 1'=60' PLE* C:\RAVENVANCI.DWC Co. BMW% dKerd dt modaim ina. 5084 NO 1285 tao-a a & ftow � on.. LAND PLANNERS — sao� sr.et SHEET Hand+ 17,2aee r vk" 2mm 7 so-" O 30 60 770 (b1aD N7-31Ji OF 20 BK97 I PGO078 SEE SHEET 9 OF 20 NOTE: No Structures or Woodland Distwbance permitted within RoadEWeer,'cmiwithinyBoiler. 7 X 14,084 SF CA 6 4%W 17 4 16 < 19 18 14,.U5 SF ff WAM? 2W N8471*54*E 185.00' PARANOR COURT - .54'R/W 2ff- IJX SEEASSWOT A . i. 59.15' if 14 = 7 10 GE E&%MT 12 3 14,345 SF EA 'V C4SEWW ROAD EFFXMY 20' WA .......... 'E R F —f102 rr 16,M6 SF IZ294 SF 9 2 . . . . . . j "ZE DD�M INC. ssr3g,13,w 0 09 612 PG506 4.1� ZONINGRP USE. VACANT 8 625 OPEN SPACE SEE SHEET 7 OF 20 0 , RavenWmg,%, Section I P. DLIANE Shawnee Magisterial District, Frederick County, Virginia DATE: MARCH 17. 2000 1 SCALE. 1'-60' 1 FLEA C-. \RAVENVANGI.DWG IL dffford & asmodatm kmL sw NO. 1285 LAND PLANNERS - SURVEYORS Mgt 17, 19~ a& &VON" od" m 16" n ---. SHEET rrIA - - vh0ft cm a ql As NO-= 0 jo 60 OF SLAW D t I 1 20 BK97 i PG0019 " 100F Or� 44 9 SAIL 51<i1fR FAsseff 23 N6421'§L (N2r"-W 153.9E7 0 W 17.267 N647154� �' {`--2d DRAp� m i;muEarr� • :0694.48'W 97.767 N r —-L6�iZ� � c;,• 0 8 4v ox:• w (N3r'31'5t� � ( � 13,059 SF , 13,477 SF r„ N6471'S4 E 1 6 _ N6471-'S4`E ___I (2207) h a T— 20• Sty. SEW EAMMY 21 $ ; ; 12.689 '7 I p 13,964 SF t _. L _ J H (S18D8'0VE 170.M7 W is 954754E - r-- 5 --L AT — -� '',, —,20. WA1m fASFAW 49 - -20• DaAafW E4SEIIENT� _g ` 6 i 16,900 SF '•:✓yap=V S�3O ✓ \ .... 16 17 18 50 (N401)65I-W 1oas57 N6471'54 E 1s5.00' ao ` PARANOR COURT - 54' R/W �;• 56471' 'IY � 57.40' R 11 ��*, . 10 OPEN 1 12 51 SPACE SEE SHaT 8 OF 20 213 °FNk.-�A RavenWing - Section 1 Shawnee Magisterial District, Frederick County, Virginia P•OAlE MARCH 17, 2000 SCALE Ya60' FlLE C \RAVENNINGI.0[MG �t r. dWord R �aodats% be. W84 Mgr1ea-a JWN aMr anwhr adn SAND PUINNERS lY�M—a,'"m " a smote � GUM umhm*r. YY�Io770019= SHEET .1e-am 0 .i0 60 120 t�D av-2ts OF 20 y Bi(971 PB0080 11 "07'43"W rt539� St#E WPM i % 13. 2D' CRAWA6E T� 41��' ~ �O�E =� 12 i l �r'�10� 2] r 14,835 SF �+ S 42 / R. ExER�SEYEM `` (SlS'44'29'Lry SA EASEifETIT n. 25 3�: L `'- :::: J 2 N7019 E 20 i 20' DRAMQE EAMMM67fT- �� 9 5 ]3,8551SF 9 AW A+-20' 07M EASEMENT i U' R/►y S6471'54`W c `�: I _ C=12767 M64SF 7 54 43 10 Pot IZ877 24 In `3s 2 14,900 a R N64Z154°£ SAWN. SWW EASEMENT /'o se .o L _ N64�i 4'1:� z F— cNn r.15&.�Z' _ 44 �" - aaAnvAr EASE7�1r `g i 9 A (N27S709 M' rs� se) 9- i s• IZ968 SF i19 $ Q I �_, 71 N 23 t ' 14,580 SF 564714'W a In r0' L (NJ03144b 15726� SHEET 9 OF 8 FINAL PLAT . °p �f RavenWing -w, Section 1 �, Shawnee Magisterial District, Frederick County, Virginia P. NE %i DATE: MARCH 17. 2000 SCALE: V-60' FILES C: \RAVENVANG1.DV4 v�.d!..BROWN Maw lys000 glfcrd & amadatm a 8054 NE7 I2E5 LAND PLANNERS - ooan� SHEET� 10 �-A t�D �t3 � 0 60 120 ill 0�7'Zt� OF 20 y �• 77 %4 �� y BK97IPG008I SHEET 12 OF 1,7 36 31 / >� N7930't9'r LURE 1 N 20' WAiNAC,E �mrExa..........I 16 I �. g: �. ?_` t2,ots SF I 37 130 N U l IZO15 SF N79 �0'19 E ZW g I �29 1 Ic 01 I 33 I tzot5 SF-- �1f3t err N z m sue. SENN 6i 14 1 $ I 28 rzofs SF I 39 9 I IZ015 SF'� J `:. _i �g:. IN 13 �. I rzrn N $::.� I fz0f5 SF I 40 ,_� ` 57950I9 "'• 10.5p 41 9�fi1OQ11 TOA I 12 26 SHEET 10 OF Mm PLAT aj RavenWing w Section 1 '�,, Shawnee Magisterial District, Frederick County. Virginia BROWN P. NE �. DATE: MARCH 17. 2000 1 SCALE: 1'=60' 1 FILE#: C:\RAVENVANGI.DWG �•�%-_ -aftt w. dWaT+d & apodatm be. 8084 NEL Manrf� 72,teoe W-C alb w 1— LAND PLANNERS — SLq200 ET SHE < pwW ws-ms o .�o eo Teo 11 of 20 M= - 'tom i .;X4.� - � i• - - . 'T •'j),t BK91 I PGO082 �11 G�dIPANY (ftna dff N 7a49 Acm) N 'E N79'50'r9'E r33.50' N79�0'r91 13350' -'m WA19! EASEMENT $"" ( 19 $ 34� �'''ji 1$039 SF 1ZOr5 SF _iio1 L— — — Ex C�.w Easaneaf N7930'19 i — — -- Deed 8odt 795 Page ss7 -s- 24 $ a --- - �� ___.____ __ zt� _ 20 r SAM W"FASt'3�1 79W 191 �+ oe es 33 4 9I IZO15 SF � o �� DRIW 54 RIV � N 22. N79�019 i vs ` r--^-� .:M. K: to fff fy ,,// 35 9 ( rzo15 SF ;t N7930'19 E �b :r N79' f9TJ - - .�� -_r-- t- -� 'fi"�o' wA1M EAsBUr 1 20' MMAW EASEfIEw1T y o N 17 31 NI $ �� IZO15 SF i IZO15 SF d - 3C (W1121W —� S79'5019 W 5793b 19 W 16 37 30� SHEV 11 OF FINAL PLAT RavenWing ow Section 1 1 �, Shawnee Magisterial District, Frederick County. Virginia P. ,�..� DAtE: MARCH 17. 2000 SCALE: 1--W I FREP C:\RAVENVANG1.DWG HROVN 7Q�sso e.4 a/brt n elWwd # a m3ckft , ba. 8054 NO. 1285 fea-C Oft Yeses siUe LAND PLANNERS — StMVEYORS >N!ba! SHEET MQreA 17,A00oWad YstMra 2i10! 30 W 12 OF A'C *mm— R 20 Mop BK91IPGO083 M� (Remoa� co s.49rAcres) 33 tin '200E N79-o11s'T 133.50' g N79'S0'19'E 116.63' 54,07.20• ,Il _ 27.20 �v dIlIq b� N 35 32 �`� o Q 0 o, 12,Oi5 SF 140096 SF J at r: —WIN, ,. (- -� = = $, 36 31 I I ..........I� , oi5 sF ! �,! 79 � �ti=. m $ 1Z 128 SF P:,IA f 579'S0'i9 W -a'�, WL z Z I wA1ER Fi15fMQrT —• Z "c3 v' 1V795019 f = ^P20' SAN SEWER fASEMEAIT 30 g I 78 .;:._.. l_77 _ts w _l 0' v, a, IZO57 SF .. �W L -1 cep I zn� 5795019'W s 38 $ 29� �/ I� 12,015 SF I ` A 77 s7s*50'1s w :== 39 2$ •r: `:SEE' SHEETI 14 OF _20% FINAL PLAT RavenWing &- Section 1 r Shawnee Magisterial District, Frederick County, Virginia P. DUANE DA1E MARCH 17, 2000 SCALE: 1'-80' FlLEjt C: \RAVENWINGI.DWG BRtEVN 7�N�sa�.w w. dWwd & ahoclota, YIP. 8084 Nil 1285 Is0-e RVEYORS aft a mm" D" LAND PLANNERS — 90o wep m sk" SHEET Morc/s /7�=�� /Y�Iol11r0, Ptak 21101 age -Me r-Me 0 JD 60 120 (4D W pF 20 � . ;':mot'•, :.'�,�': BK91 I PGO084 M79W'19*E SmT 13 OF 38 77 '.1 tj -*----�8 12,107 SF f*."*.��- Ild N79150'19'E — 11150—' mz� NTgzrl-g.rj 9 CS 28 CS IZ3O15 SF 12iffl, 101 PfmT N > I SM %W76 EMS S79*501 C Z034 SF is.02 jij� —021 20' WATER EAMWENT—+.*..*'.'.-*.-..*-" '2459 Ic, 40 2 7 Wrgag —19TJ CD st I;iL I2015 SF -j-"'2* ---i 4 20, DMAGE EAsajmr Z' Ch 75 Irs F IZON '2 20' S4AL SENN EASEMENT g26 41 N 9!0 -IgTj IZO15 SF 9 WT010�W —1 74 ZOII SF SF -;R ry$ IZ72 L 25 gzr r . —j MU19 W — —e02-- —J 20' WA7R Stswn IT lag 73 .... ..... . ... ..... . ..... ..... ..... .... ........ ..... ... . .. .... ... . 029 SEE SHUT 20 OF 20 S79*50'19'W SEE 9lffT-f5 Al LANON AVENUE 54' &W OF 20 FINAL PLAT g1l Op RavenWing -- Section 1 Shawnee Magisterial District, Frederick County, Virginia P. DUAWNE O BROW WE MARCH 17, 2000 SCALE: 1--60* RLE& C: \RAVENVANG1.DW(; !6 cUffard & amodot*16 km SURVEYORS aW4 — 14 NM 1285 EWG= LAND PLANNM — - Od" =a --SHEET mo, m nm OqL {sue aes-ans 0 30 W 120 OF $UR40 I I 1 1 20 Y i i BK91IP00085 S79w19-w 175.69SEE SHUT 14 OF 20 5 73 AUAWN AWVUE M 54 R/w 113 6s' � 72 N 24 N N a �� l� 43 I g/ J Z 19,W2 SF ( ^► r3s the i L d4 23 16.146 SF SAK 5ENO1 EASE]"T - R-AI� 45 22 ,� i 70 ^ I �► 15,647 SF w �' j l — — 579Wf-9-W 21 to (N 46 ' o 16,W5 SF — �—zo' DMAM EASSOMT — 20 \ N 09 47 sE sHErr [16of 20 49r—A o r r. P. DiJANE NO.8084 March /7.8beoa StnE FINAL FLAT Raven�Ving Section 1 Shawnee Magisterial District, Frederick County, Virginia DAiE: MARCH 17, 2000 SCALE: 1--60' I FlLE* C:\RAVENWINGI.DVMG S LAND PLANNERS - SURVEYORS 0 .30 60 1?0 (aW a�-sll� 15 OF 20 OK97 I PGO086 SEE SHEET 15 OF 20 46 SHEET 9 OF 20 MWE WWWACE EASOMT 20 .7 47 IZOW SF L 49 f 4,793 SF DiL PP 50 'SAM SESER EASEUNT vo-I 13,484 SF C� 41) r%-13,755 SF 4 L 51 (L-14AP SExER T N(I 2 .3 4 51 N82'52'33'r 22Z61' ^ 10, I3,484 SF RLWNE COURT - 54 . ...... .. ... ..... ... .. .... 44 ... .... ... 6Y ....... ........ ........... ..... . ---ff WAIM (S12'49-0-E 10907 ^ 1102 2 5 4^ry�53 ®R 13,484 '3 4" SF X IZ102 SF 6-1-k 1-2 L=6.40' 2-3 N7950191E 986' SAft SCR EASVA99 OPEN SPACE miv5 SEE :117 OF 20 56 FINAL PLAT I;tavenWing,*, Section 1 P. Shawnee Magisterial District, Frederick County, Virginia WN DATE: MARCH 17, 2000 SCALE. V-60' I FILE* C:\RAVETIYMNGI.DWG r. dWard & amadatm hp— --8084 NEL 1285 LAM PLANNERS — SURVEYORS March I*fz~ =0 KWO m - ftud SHEET ftft z"m WAdvoWn II < *-me 0 -V 60 120 16 OF 20 A • BK91 I PGO087 9 aN SEE sle 18 20 62 EAsEmmr 61 i 14,615 SF o/ r MWM? EA�lEirr— al VMIR EASE1" r `20, 3s 2� SAK SEWEASE OT 59 z -lea 15 964 SF J 001 58 L-1 Z— --- 2d SAS SE 55 14,119 SF 56 12,326 SF 57 14.111 SF E 10&957 54 N �YT � 53# 52 1 " MInUMULEAsnrr� ' 49.7OPEN SPACE 3' 17f�93' S26'43'01'N' 4U13' - SEE SHEET 6 OF 20 FMLJFLAY' � ,.�DATE G g.vs.,.i'4 ND. 1283 Af4�th I7,� ��Nb CR`` RavenWin sw Section 1 Sha"se Yegiateriai Aistric . Frederick Conaty, Virginia IAARCH 17, 2000 SCALE ia&0' Ftlf/ C:\RAVENYNNGi.DWG p dMford ! anoelotK i1C. OVEVORS 190-G OW O� 01 OAw _ � PLANNM T S shr�t per', VoN. � viyve tJyl� 8084 SHEET 17 OF 20 ��•� :v i ate' - x BK91IPG0088 SEE SHEET 19 OF 20 4 55 64 ,9'�` ` . 31 2W WAI R E4Si7W- 42 6IZO64 SF 0 63 a20' DRAWAbi • �/ : l` ::: :: .34 13,264 SF —20 DRMAGE y� OPENS SPACE1. 61 g37326'W 4Z23' N6373'26"W 100 00 N63 2 'W 459.52' I N/F RUBY R. PUGH DO 302 PG. 257 g o ZONJNG: RP USE: RESIO II& N' �IF 1N 1\ NOWD L do JUDY B. COOK— DB 697 Pa 414 ZONING: RP USE RESMIZAL 10111E L wE WS BA)USS OB 220 PCP. 48 � ZONING: RP US E-RESIDfNAAt ROUTE��{ IA iLLWOW A uss2s'2s' er fm-on' yr KavenWing w Section 1 ,� Shawnee Magisterial District, Frederick County, Virginia wI3 /�P.$DATE MARCH 17. 2000 SCALE: 1"=60' 1 RLE& C:\RAVENVANGI.DWG am= w. ANDaed & adaelotw. ins 8084 NIL 12e5Mare{, 7 20ee to" aft ate* a" L�tNID PL AHI�RS — =0 NWW *mum Shad SHEET r f1N�i hf� gam fFdrwlr: Via1�b YfE01 18 �140 Suw4v(& dMW a10-f11f O .TO w 120 OF 20 y — BK91 [ P60089 F PAM tT8 A A.28 �� 70 6 t� ZONING: RP USE RESiI>f'N11AL $ N79 50'19'E t N8O— �1,7100x 1283'� r ! 69 � Ir. 67 1Z040. SF N 15,654 SF i — 9'? � ,34•-,F N7 %�— v3�20' Sm SEVER EASD1W6 3 � 68 0 l to Rr 6 $ 1Z443 SF AV C 15,654 Sr J H79�0',9':~ z EASf1E r 20' WAAU65 13,852 SF- L - J Nip T {{ DWAS E: & 81HER A/. 1fl KE OB 824 PCB 881 =ni — 08 960 PG. 563 ZONiM .. RP USE' RESVENnAL 64 SF d `r EASBOT OPEN SPACE. -!..A 63 3� s FWAL PUT Ts of yr RairenWing "' Section 1 '�, Shawnee Magisterial District. Frederick County, Virginia P. A DUNE .y f BR[RrPI ,.r DATE: MARCH 17. 2000 1 SCALE: 1'a60' FILE/: C: \RAVENWINGI.DYNG ba. t dWad & 8084 ND. 1285 No"/7,Jeaad < ted-o Que — LN6 �� a{EET 0" Sul N�-s�s� 79 8 p-" 0 30 6v 120 OF �� 20 Eric Lawrence From: Thomas Riemer [thriemer@yahoo.com] Sent: Wednesday, September 10, 2008 10:52 AM To: Mark Cheran Cc: elawrenc@co.frederick.va.us Subject: Re: open space Mark; Eric asked for our suggestions and understanding that he is on vacation I'll run this by you. In Eric's last e-mail he indicated that the space "should" have access and he is correct in his assertion that the only lot owners to have access would be those surrounding the area. I believe the first issue to be addressed is to determine if any legal requirement existed as to a "required" access. It was well known that G.W. Clifford & Associates, noted engineers and land planners, did not provide access on any of their plans nor did the planning department raise issue with that fact when the plan was reviewed and a letter sent to Mr. Mislowsky on 11-7-02 which detailed the revisions the planning department requested. I can also find no questions / concerns being raised during any further reviews from the Planning Department, the Planning Commission or the Board of Supervisors. A representative of Glaze Developments was very much aware of the land locked status and promoted it as as good thing to preserve the natural habitat of the area. Any previous legal basis for access would certainly raise questions pertaining to the approval process / review utilized by Frederick County. In the absence of any required access and considering the topography (steep slope designation and drainage easement area), legal and liability issues, we believe the space should be deeded to the HOA as had been previously and currently specified in the Deed of Dedication. There is also a process within the deed that allows the area to be turned over to Frederick County. Has the "legal" requirement ever been established? Our greatest concern is preserving the area for what it had been designated. 144-133b states that nothing shall be placed or planted within the easement that will impede the flow of drainage. Lot 138 has constructed a fence which crosses the defined drainage area on both sides of the property and Lot 140 has also constructed a fence and built a shed on the defined drainage easement. There is little or no oversight to verify that deed or design criteria are being followed. Since the BLA's which contained no restrictions on use of the acquired property were approved there have been many trees removed and a shed erected on what was to be open space and with it's limited access would have provided the buffer area we were told would exist between the developments. If it is determined that the most appropriate course of action is to divide the area between the surrounding properties, again considering the topography and intent of the area and to minimize any future liability issues with drainage or run-off, then the boundaries should be changed to reflect rear lots lines at the respective base of the steep slope areas / hillside for all lots adjoining the area. As we have witnessed already, there would also have to be restrictions placed in the amended deeds to prohibit any development or deforestation on the acquired area. Have you determined why no stakes were placed during the purported survey that was done regarding the BLA's? Had the survey points been identified in accordance with Frederick County code, I believe resolution of this issue would have been accomplished in a different manner. We are very concerned about the appearance of the back door approach to accomplish what the Planing Commission had questions about during the public meeting. As you sort through the options and ramifications of each we look forward to meeting with the Planning Department in an effort to resolve this very contentious situation. Sincerely, Thomas H. Riemer 1 ----- Original Message ---- From: Mark Cheran <mcheran@co.frederick.va.us> To: thriemer@yahoo.com Sent: Tuesday, September 9, 2008 2:13:02 PM Subject: e-mail My e-mail is mcheran@co.frederick.va.us 0 V4 Eric Lawrence From: Thomas Riemer [thriemer@yahoo.com] Sent: Tuesday, September 02, 2008 6:59 AM To: elawrenc@co.frederick.va.us Cc: thriemer@yahoo.com; donabondurant@comcast.net Subject: Re: access Eric; Hope you had a great holiday. I have reviewed Frederick County Code 144 as well as Chapter 165 and there seems to be confusion on the area in question. You referred to the requirement for access as 144-24. That section deals with "lot access" and does not address "common open space" access. I reviewed the definitions for "common open space" (... passive areas that are dedicated to the residents of a development) and "lot" (... intended for transfer of ownership or for building deveopment) as well as sections 144-24 (lot requirements) and 144-28 (common open space) and it appears that you may have confused the requirements or misidentified the reference. I presume that if there was a requirement for access the Master Development Plan and the Subdivision Design Plan never would have been approved; it implies the planning department abrogated their own requirements. I discussed this very open space issue with Jim Petri (developer) prior to my purchase of Lot 49. He was well aware of the area and provided maps to document the area as land -locked open space that would always remain as such; much as you did in your letter after the public hearing. It was also indicated on maps presented at the public hearing and is well identified (including specific references and differences between "lots" and "open space") and mapped on the current Deed of Dedication for Raven Pointe, Section 5; which now contains much erroneous information. There seems to be a piece missing from the puzzle which I'm certain you will be able to provide. Drop me a note with the correct references. Thanks again. Sincerely, Thomas H. Riemer ----- Forwarded Message ---- From: Eric Lawrence <elawrenc@co.frederick.va.us> To: Thomas Riemer <thriemer@yahoo.com> Cc: donabondurant@comcast.net Sent: Thursday, August 28, 2008 11:11:11 AM Subject: RE: access Mr. Riemer- Frederick County Code 144-24 Lot Access. All lots shall have direct access to a public road. For a visual application of this section of the ordinance look to RavenWing Section I. Your open space is at the entrance of the section, along Inverlee Way and Kinross Drive. This open space has direct access to both of these roads. Section I also has open space near the Darby Drive cul-de-sac, with an access open space strip between 107 and 109 Darby Drive. -Eric A„ Eric R. Lawrence, AICP Director, Department of Planning and Development Frederick County 107 N. Kent Street Winchester, VA 22601 540-665-5651 540-665-6395 (fax) elawrenc(a)co.frederick.va.us http://www.co.frederick.va. us/PlanningAndDevelopment/PlanningAndDev. htm www.co.frederick.va.us From: Thomas Riemer [mailto:thriemer@yahoo.com] Sent: Wednesday, August 27, 2008 8:38 AM To: elawrenc@co.frederick.va.us Cc: donabondurant@comcast.net Subject: Re: access Eric; Thanks for your letter of 8-25-08. You make mention that the open space area was " ...void of a required access to the public road." Can you give me a reference as to the code or regulation that mandates such a requirement? Thanks for your time. Sincerely, Thomas H. Riemer Eric Lawrence From: Dona Bondurant [donabondurant@comcast.net] Sent: Sunday, October 26, 2008 5:02 PM To: 'Eric Lawrence' Cc: Anita Bowman; 'Cammy Riemer; 'Dave Arnold'; 'Gene Fisher'; 'H Paige Manuel'; 'Jon Busch'; 'Lawrence Ambrogi'; 'Roderick Williams'; 'Tom Riemer' Subject: RavenPointe Open Space Eradication Impact on Raven Wing Homeowners Mr. Lawrence, I, too, am an affected homeowner in this matter. I fail to see how your proposed solution involving a woodland preservation easement will solve the underlying issue. To begin with, please define a woodland preservation easement, and explain in detail how this repairs what the County has done here. Further, please explain how you think the County can transfer ownership of land and then dictate to the private owners how they will use the land. Who would/could enforce restrictions? Finally, you say there "appear" to be no legal grounds (and previously you said there was no legal vehicle) to undo the boundary line adjustment, but now you are proposing this woodland preservation easement, which seems to me to be a legal vehicle you consider available to the County. Has the county attorney adequately researched your options? Your position seems to be changing. Please know that I do not intend to drop this issue, and find your proposal both unacceptable and unworkable. I request a detailed proposed strategy to put the open space back in place where it was when affected Raven Wing homeowners purchased their properties in reliance on the open space's continued existence (as confirmed by your previous letter to Mr. Riemer). By copy of this email, I am requesting my elected officials to address this issue as well, and respond directly to me with their plans to assist us in this matter. Thank you, Dona Bondurant Raven Wing Lot 8 From: Thomas Riemer [mailto:thriemer@yahoo.com] Sent: Sunday, October 26, 2008 4:15 PM To: donabondurant@comcast.net Subject: Fw: ----- Forwarded Message ---- From: Byron Armel <bma43@yahoo.com> To: Eric Lawrence <elawrenc@co.frederick.va.us>; supervisorewing@yahoo.com; gfisher@visuallink.com; gary@garylofton.org; plemieux@visuallink.com; cdehaven@crosslink.net; garydove4@comcast.net Cc: Thomas Riemer <thriemer@yahoo.com> Sent: Thursday, October 16, 2008 7:58:38 AM Subject: Mr Lawrence I also live in Raven Wing, and am one of the residences that is affected by this deal where the common ground was given to the owners behind me. I have already have been affected by this underhanded deal. And I totally disagree with you on protecting my rights and the fact that this deal has harmed my property value. I am now looking at a shed as well as lot clearing. I property has also been trespassed on and trees cut. I feel that you sir have done nothing but pass the buck and sat on your hands. You sir are a county employee and are to work for all residences of Frederick and not the few that you 1 is wish to help. Your deal for a woodland preservation easement does nothing to correct the inept actions of your department. Byron Armel ----- Forwarded Message ---- From: Eric Lawrence <elawrenc(a)co.frederick.va.us> To: Cammy Jackson <toocammyQyahoo.com> Sent: Wednesday, October 15, 2008 4:35:01 PM Subject: RE: Open space Hi Cammy and Tom. As there are no apparent legal grounds to undo the previously approved Boundary Line Adjustments which moved the .7 acre parcel into the ownership of adjacent lots, the County is now working to establish woodland preservation easements atop the original .7 acres of open space. Eric R. Lawrence, AICP Director, Department of Planning and Development Frederick County 107 N. Kent Street Winchester, VA 22601 540-665-5651 540-665-6395 (fax) elawrenc(a)_co.frederick.va. us http://www.co.frederick.va.us/PlanningAndDevelopment/PlanningAndDev. htm www.co.frederick.va.us Eric Lawrence From: Thomas Riemer [thriemer@yahoo.com] Sent: Friday, October 03, 2008 11:18 AM To: Eric Lawrence Cc: bma43@yahoo.com; dja7227@comcast.net; donabondurant@comcast.net; anitavb@comcast.net; jon_busch@msn.com Subject: Re: Open Space Eric; It has been another week and over two months since we met with Mark on 7-25-08. I (we) are very concerned about what seems to be "stonewalling" of the issue and many facts that give the appearance of improprieties (surveys reported done with no required markings) in the process. We wish to resolve this as quickly as possible and have offered comments, suggestions and our willingness to meet and work through the issues. Please update us on the progress that has been made or the reason for the delay in resolving the issue. Sincerely, Thomas H. Riemer ----- Original Message ---- From: Eric Lawrence <elawrenc@co.frederick.va.us> To: Thomas Riemer <thriemer@yahoo.com> Sent: Tuesday, September 23, 2008 2:18:55 PM Subject: RE: Open Space Hi Tom. I did receive your e-mail — dated September 10. This e-mail has been forwarded to the County Attorney for his consideration. I have a tentative meeting scheduled for tomorrow with the attorney where I believe we'll learn the resolution of the open space issue. I'll advise of our findings. Eric R. Lawrence, AICP Director, Department of Planning and Development Frederick County 107 N. Kent Street Winchester, VA 22601 540-665-5651 540-665-6395 (fax) elawrenc(aco.frederick.va. us httr)://www.co.frederick.va. us/PlanninaAndDeveloDment/PlanninaAndDev.htm www.co.frederick.va.us From: Thomas Riemer [mailto:thriemer@yahoo.com] Sent: Monday, September 22, 2008 2:16 PM To: elawrenc@co.frederick.va.us Cc: bma43@yahoo.com; dja7227@comcast.net; donabondurant@comcast.net; anitavb@comcast.net; jon—busch@msn.com Subject: Re: Open Space Eric; I sent you an e-mail last Friday morning requesting an update on the legal issues / requirements related to the open space. It is now Monday afternoon and with no response from you I must presume you never received my 1 e-mail or something has prevented you from responding with an update. At your earliest opportunity please send us an update on what has been determined and how the issue will / may be resolved. Thanks. Sincerely, Thomas H. Riemer ----- Original Message ---- From: Thomas Riemer <thriemer@yahoo.com> To: elawrenc@co.frederick.va.us Cc: bma43@yahoo.com; dja7227@comcast.net; donabondurant@comcast.net; anitavb@comcast.net; jon_busch@msn.com Sent: Friday, September 19, 2008 9:18:55 AM Subject: Open Space Eric; I presume that you have reviewed the e-mail I sent to Mark and copied to you last week with our opinion as to what should be done regarding the space. If no legal requirment for access has been identified I believe resolution should be a simple process. We (the owners who have been effected by the change) are most anxious to see this issue resolved as soon as possible. Please update us as to what has been determined in the last two weeks. Sincerely, Thomas H. Riemer I r Eric Lawrence From: Thomas Riemer [thriemer@yahoo.com] Sent: Monday, August 25, 2008 5:50 PM To: Eric Lawrence Cc: donabondurant@comcast.net Subject: Re: Meeting today concerning Raven Pointe boundary line adjustments Eric; Thanks for the update. Mark also sent one this morning. While it may be "normal" that BLA's are unable to be revoked, I think the County and the Planning Commission should look at the entire process that was used. We have looked at a number of issues and it appears that this process was initiated to circumvent many of the county's and state's own processes and rules. The master plan with all it's required processes has now been changed. Our records indicate that Glaize did not deed the property to the HOA as required and as such his BLA's (presented by a survey company) appear to be in conflict with proper procedures and certainly raise issue with the validity of the request. The Deed of Dedication for each lot in Phase One of Raven Point identifies the area as part of their community and specifically identifies it as "open space". I'm not certain that the enrichment of a few would be accepted by the rest of the community when it is made public. There is a myriad of issues that this shady process has created, not the least of which is your letter after the developer (Glaize) attempted this before, which specifically states that the space will remain as open space and was used by a number of us to determine our investment in the Ravens. I believe it to be in the County's best interest to rectify what appears to be a slap in the face for the Planning Commission. While the Commission may not be able to reverse the BLA's, considering the facts behind them I believe Frederick County and the Planning Commission should investigate the court system as a way to redress the problem. Sincerely, Thomas H. Riemer ----- Original Message ---- From: Eric Lawrence <elawrenc@co.frederick.va.us> To: Thomas Riemer <thriemer@yahoo.com> Cc: Mark Cheran <mcheran@co.frederick.va.us> Sent: Tuesday, August 19, 2008 6:24:51 PM Subject: RE: Meeting today concerning Raven Pointe boundary line adjustments Hi Tom. I was supposed to have contacted you yesterday; I thought he had. The County Attorney has determined that we are unable to revoke an approval that was granted enabling the BLA. I am working with him to address the various issues raised in your correspondence from late last week. Eric R. Lawrence, AICP Director, Department of Planning and Development Frederick County 107 N. Kent Street Winchester, VA 22601 540-665-5651 540-665-6395 (fax) elawrenc(cDco.frederick.va. us http://VPWW. co.frederick.va. us/Plann ingAndDevelopment/PIan ningAnd Dev. htm www.co.frederick.va. us From: Thomas Riemer [mailto:thriemer@yahoo.com] Sent: Tuesday, August 19, 2008 2:40 PM To: Eric Lawrence Subject: Re: Meeting today concerning Raven Pointe boundary line adjustments Eric; It's 3:36 PM on Tuesday and so far we have heard nothing as to the outcome of the meeting yesterday. Would you or Mark please drop me (us) a note as to how the county plans to proceed. Thank you. Sincerely, Thomas H. Riemer ----- Original Message ---- From: Eric Lawrence <elawrenc@co.frederick.va.us> To: Thomas Riemer <thriemer@yahoo.com> Cc: Mark Cheran <mcheran@co.frederick.va.us> Sent: Friday, August 15, 2008 10:36:47 AM Subject: RE: Meeting today concerning Raven Pointe boundary line adjustments Good morning Mr. Riemer. I spoke with Mark this morning; he advised me that he did return a call to you yesterday afternoon to discuss the project status. I will follow-up with the County Attorney on Monday to ascertain what our legal direction is for the project. Either I or Mark will contact you with an update on Monday. Thank you. -Eric Lawrence Eric R. Lawrence, AICP Director, Department of Planning and Development Frederick County 107 N. Kent Street Winchester, VA 22601 540-665-5651 540-665-6395 (fax) elawrenc(aD-co.frederick.va.us http://www.co.frederick.va. us/PlanningAnd Development/PlanningAndDev. htm www.co.frederick.va.us From: Thomas Riemer [mailto:thriemer@yahoo.com] Sent: Thursday, August 14, 2008 1:58 PM To: elawrenc@co.frederick.va.us Subject: Fw: Meeting today concerning Raven Pointe boundary line adjustments ----- Arwarded Message ---- From: Thomas Riemer <thriemer@yahoo.com> To: elawrence@co.frederick.va.us Cc: bma43@yahoo.com; barbarae82@yahoo.com; donabondurant@comcast.net; anitavb@comcast.net Sent: Wednesday, August 13, 2008 6:14:12 PM Subject: Fw: Meeting today concerning Raven Pointe boundary line adjustments Dear Mr. Lawrence: As you can see from the email below, I, my wife, and Dona Bondurant met with Mark Cheran July 25 to discuss this. I subsequently followed up with a phone call to Mr. Cheran August 6, who said he would be speaking to the attorney about this that evening or the next day and would get back to me. As he did not, I called August 12, with no response and again today, August 13, with no response. As it appears he is not willing to follow up as promised, I am officially bringing this issue to your attention. What I and the other five directly -affected owners wish to know is: 1) What are the individual events that occurred leading to the boundary line adjustments? Who specifically requested the survey in 2006, and who specifically requested the boundary line adjustment transactions? Were any of these requests made on behalf of others? 2) What is the County going to do to rectify the situation, replace the legally -required common space and/or compensate the affected homeowners on Kinross Drive whose property has subsequently been devalued by these transactions? Pursuant to a public hearing on a request to revise the approved Ravens Master Development Plan, you assured me in writing on April 23, 2002 that the open space adjacent to RavenWing would not be eliminated. It is unfortunate that your staff (specifically Mr. Cheran) was unaware of this when he approved the boundary line adjustments. Finally, it appears by what has taken place that Frederick County is not adhering to its own approved plans. Of additional interest is that the sale of Raven Pointe lot 134 is still pending, and that yet another property (Raven Pointe lot 133) has since been listed for sale. Again, these sellers should be apprised of our concerns, to avoid creating additional upset residents over the boundary line adjustments. We expect Frederick County to correct this situation. Please contact me immediately to discuss this. Sincerely, Thomas H. Riemer ----- Forwarded Message ---- From: Dona Bondurant <donabondurant@comcast.net> To: mcheran@co.frederick.va.us Cc: thriemer@yahoo.com; toocammy@yahoo.com Sent: Friday, July 25, 2008 2:30:16 PM Subject: Meeting today concerning Raven Pointe boundary line adjustments Dear Mr. Cheran: I am writing on behalf of myself and the Riemers to thank you for meeting with us this morning. We appreciate that you have acknowledged responsibility for the boundary line adjustments and that you recognize that the issues raised require immediate resolution. Also, �onsicttring that some development that would not ordinarily be permitted to open space has already occurred, you may wish to notify the affected Raven Pointe owners that the boundary line adjustments are being contested so that further development does not occur until this issue is resolved. Further, the pending sale of Raven Pointe lot 134 is a very time -sensitive situation, and we are certain the owner would appreciate knowing the issues we have raised with you today. We look forward to hearing from you very soon about how you plan to address our concerns. Best regards, Dona Bondurant 4 August 25, 2008 Mr. Thomas H. Riemer 112 Kinross Drive Winchester, Virginia 22602 RE: Raven Pointe Boundary Line Adjustment Dear Mr. Riemer: I am in receipt of your letter dated August 14, 2008, in which you express concern regarding various events that led to the elimination of open space adjacent to your property at 112 Kinross Drive. In an effort to address the issues raised in your letter, I have met with staff from the Planning Department and County Attorney's Office to ascertain available actions that could be taken towards remedying this open space issue. After reviewing the actions which led to the Boundary Line Adjustment plat approval, the County Attorney has opined that revocation of the Subdivision Administrator's approval action is not possible. Provisions within the Code of Virginia do not exist where the County could withdraw this approval. In your letter you posed a number of questions; I will attempt to address those questions. 1) What are the individual events that occurred leading to the boundary line adjustments? Who specifically requested the survey in 2006, and who specifically requested the boundary line adjustment transactions? Were any of these requests made on behalf of others? 2) What is the county going to do to rectify the situation, replace the legally - required common space and/or compensate the affected homeowners on Kinross Drive whose property has subsequently been devalued by these transactions? Pursuant to a public hearing on a request to revise the approved Ravens Master Development Plan, you assured me in writing on April 23, 2002 that the open space adjacent to Raven Wing would not be eliminated. It is unfortunate that your staff (specifically Mr. Cheran) was unaware of this when he approved the boundary line adjustments. Finally, it appears by what has taken place that Frederick County is not adhering to its own approved plans. * _. Mr. Thomas H. Riemer Re: Raven Pointe Boundary Line Adjustment August 25, 2008 Page 2 As you noted, in 2002 the developer of Raven Pointe approached the County to request a design modification to the Master Development Plan (MDP) which would have relocated open space planned for directly east of your lot, and replaced the open space with residential lots. Placement of these lots could have resulted in the placement of new homes within 25 feet of your rear property line. The County determined that the MDP revision, as requested, was inappropriate based on the realization that the residents along Kinross Drive purchased their lots with the expectation that houses would not be placed directly behind them, and that the open space would create a greater setback between homes. On June 27, 2003, the Raven Pointe development proceeded through the next phase in the development review process — Subdivision Design Plan - and gained approval. The approved Subdivision Design Plan did include the open space, reaffirming the approved MDP. On July 21, 2004, the record plats to implement the Subdivision Design Plan were approved and recorded. These plats created the open space as well as the individual lots fronting on Killaney Court within the Raven Pointe development. In 2007, when the Raven Pointe developer was preparing to transfer ownership of the open space to the Raven Pointe Homeowners Association, he realized that the open space was actually land -locked, void of a required access to the public road. Unfortunately, the ownership of the lots fronting along Killaney Court had already been transferred to other parties (home builder), homes constructed, and then the new home/lot ownership was transferred to the homeowner. This multiple layer of property transfer challenged the ability to establish the necessary access from the open space to the public road. The Raven Pointe developer approached the County with this access dilemma. After recognizing that the adjacent lots now contained residences, and establishing the required access was not possible, it was ascertained that the open space be abandoned at this location and re -locate the open space elsewhere within the overall Raven Pointe development — the developer would need to accommodate this 30,593 square feet of open space. Mr. Thomas H. Riemer Re: Raven Pointe Boundary Line Adjustment August 25, 2008 Page 3 Recognizing that often the intent of the inactive open space is to separate residences and that the residences surrounding this open space had been constructed with structural setbacks well in excess of 150 feet (compared to the standard 50 feet separations), the County determined that the relocation of the open space would be an appropriate remedy to the lack of access issue. Sincerely, Eric R. Lawrence, AICP Director of Planning and Development ERL/bad 0 MON COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX:540/665-6395 November 3, 2008 Dana L. Doyle 114 Killaney Court Winchester, Virginia 22602 RE: Proposed Woodlands Preservation Easement Dear Mrs. Doyle: In a letter addressed to you dated October 8, 2008, I made reference to a possible Woodlands Preservation Easement that the County was working to establish atop the original 0.7 acre open space parcel which you and your Raven Pointe neighbors have recently acquired. In preliminary discussions with some of your neighbors, it appears that there is interest in pursuing the easement. As such, I would like to arrange a meeting with you within the week to further discuss this potential woodland preservation effort and your participation. In advance of our meeting, I would encourage you to review the draft easement which I have enclosed. You'll note that the draft easement is an agreement between you and the County as we jointly strive towards preserving these woodland areas. Please contact me so that we may schedule a time to further discuss this proposal. Recognizing that many people are not available during typical working day hours, I am available to meet any evening after 5PM, or possibly on the weekend. I may be reached at 540-665-5651. I look forward to hearing from you. Sincerely, Id ► Mark R. Cheran Zoning Administrator MRC/dlw cc: Eric Lawrence, AICP, Director of Planning and Development Attachment: Draft Easement 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 DEED OF EASEMENT Exempt from recordation taxes under §58.1-801 pursuant to Section 58.1-81 l(A)(3) THIS DEED OF EASEMENT, made and dated this day of 2008, by and between DANA L. DILE, parry of the first part, hereinafter called the Grantor(s), and the COUNTY,(ff--REDERICK, VIRGINIA, ("County"), hereinafter called the Grantee.-4 Alt., `" WHEREAS, Grantors is the fee sib e owner of a certainrct of land identified () Al . as Lot 136A, located in the Raven Pointe subdiv - Win, , . ; nee Magistoal ,District, Frederick County, Virginia, said A being mo icularly described on Exhibit A, attached hereto and made a part her sfi operty , WHEREAS, a. - ��quare foo,-ortion „Prop Chas forestal, natural, and scenic resources; qR � WHEREAS, ores a ,506 squ�dr foot portion of the Property contains trees and other. _eater xwith e Ravens development and is 10 r ._ 11 betwe „n sidences ir�KRa 'wing an men Pointe subdivisions; WREAS, in fug` rance e purposes of the Open Space Land Act, Title 10.1, Chapter "> . f the Code Virgin u, 1950, as amended, in order to protect woodland and other envirorie tal fea , the Grantor(s) is willing to grant a perpetual woodland preservation easemen ent") over the Property, on the terms and conditions hereinafter set forth; and WHEREAS, the County is authorized by the Open Space Land Act to accept, hold, and administer easements, and possesses the authority to accept and is willing to accept the Easement under the terms and conditions hereinafter set forth; NOW THEREFORE, for good and valuable consideration, receipt of which all parties acknowledge, and in consideration of the mutual covenants, terms, conditions, and restrictions hereinafter set forth, the Grantor(s) hereby grants and conveys to the Grantee a perpetual woodland preservation easement (`Basement") over the 3,506 square foot portion of the Property denoted by the designation "Raven Pointe Woodland Preserve Easement" on the plat attached hereto. The Easement area, in conjunction with easement(s) of same name on adjacent properties, such easements collectively to be known as the "Raven Pointe Woodland Preserve Easement" is hereby subject, in perpetuity, to the following terms, conditions, and restrictions: 1. This Easement is perpetual. It is an easement in gross and runs with the land. 2. The Property shall not be divided or subdivided in any manner except for property line adjustments with other property subject to the Raven Pointe Woodland Preserve Easement. 3. No permanent or temporary building or structure shall be erected or constructed on the portion of the Property denoted by the designation "Raven Pointe Woodland Preserve Easement" on the plat attached hereto. 4. No grading or earth removal is permitted on the property if it will materially diminish or impair the conservation values protected by the Easement. 5. General Terms: (a) Although the Easement in gross will benefit the public in ways recited above, nothing herein shall be construed to convey a right to the public of access or use of the Property. The Grantor(s), its successors and assigns, retains the exclusive right to such access and use, subject to the terms of the Easement. (b) The Easement shall be construed to promote the purposes of the Virginia Open Space Land Act, the Virginia Conservation Easement Act, the Comprehensive Plan of Frederick County, and the conservation purposes of the Easement. (c) If any provision of the Easement is determined to be invalid by a court of competent jurisdiction, the remainder of the Easement shall not be affected thereby. (d) The tenns of the Easement shall inure to the benefit of, and be binding upon, the parties hereto, their agents, successors, and assigns. (e) The Grantee, by its execution of this fed of Easement, does hereby accept the conveyance of the Easement as set forth hey (f) The Grantee and its represent.. -_ rr a enter the property from time to time, upon 30 days written notice to the Grai3. f(s), for the' purpose of inspections and enforcement of the terms of the Ease OOff,- 04 . (g) The Grantor(s), its success and at; ��gns shall n the Grantee in writing within 60 days followinansfer or sa e property. WITNESS the following sigraiu seals:" w STATE CITY/C My Commission > acknowledged before me this ANA L. DOYLE, Grantor. NOTARY PUBLIC (SEAL) COUNTY OF FREDERICK, VIRGINIA IM APPROVED AS TO FORM: County Attorney (SEAL) Chairman, Board of Supervisors (Grantee) STATE OF VIRGINIA, At -Large CITY/COUNTY OF , TO -WIT The foregoing document was acknowledged before me this , 2008, by Board of Supervisors, County of Frederick, Virginia, Grantee. My Commission expires NOTARY PUBLIC _ day of who is the Chairman, CURVE TABLE CURVE RADIUS DELTA LENGTH TANGENT I BEARING 1 CHDRD Cl 325.DD' 6'56'30' 39.3B' 19.71' 1 S40'1D'27'E 39a^5' 1 1 I AREA TABULATION! 1 64G-3-5-164E 4,220 SF 0.0969 AC — '-- — — — — — PORTION OF 1 i RAVEN POINTE 64G-3-5-164E —3,506 SF—0.0805 Ac t I SECTION 5 ' t (NM PARCEL 164E 714 SF 0.0164 AC LOT 12 t `INST.7 04-0014266 i �-3-5-136 12,804 S� 0.2939 AC PORTION OF S43'3 '42"E 64G-3-5=164E !_•&tAB SF 4-0.OB05 AC' N21'17'31"W /62.,2' t 29.7T \ ' LOT 137 (NEW) LOT 136A 16.310 SF 0.3744 AC - - N 26'21 21 W N 56 N53� LOT 11 33.91' 2 A15.n co (NEW) PARCEL 164E Z (NEW) LOT 136A o (OPEN SPACE) 0 116,31Q SF/0.3744 AC 714 SF/ , UNE 'A=YY VACATED t 0.0164 AC 's _ ` 1 LOT 135A \ ' LOT 10 PROPERTY UNE HEREBY CREATED i Z- � LOT 134A \ �O O o LOT 9 Lj U t- ` �' , \ t �E �� t \ is LOT 133A pN LOT B ` No LOT 132A LOT VEfy p p1N� \ � /A,I N p 9jT�t�NI,�G SLOT 41� R�S�CC�O4 66 . � \ 1PtS�t�TQ,a.QQ BOUNDARY LINE ADJUSTMENT �p,LTH of LOT 136 & OPEN SPACE PARCEL 164E oP. RAVEN POINTS '� �.�„�. SECTION 5 o INSTRUMENT# 040014266 CORY M. ---Own > SHAWNEE MAGISTERIAL DISTRICT No.j253(9 s FREDERICK COUNTY, VIRGINIA a 4`Z7/b6 SCALE: 1" = 50' DATE: APRIL 27, 2006 Patton Harris Rust & Associates,pc t`glyD rt,(O4 Engineers. Surveyors. Plonners. Londscape Architects. GRAPHIC SCALE 1Jtt��'"' 0 ao s0 120 117 East Piec8diily Street, Suite 200 PT-TRA Winchester, Virginia 22601 T 540.667 2139 ( IN FEET) F 54D.665.0493 1 inch = 60 ft_ SHEET 2 OF 2 Fla COPY COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/665-6395 November 3, 2008 Henry K. Peyton, Jr. 112 Killaney Court Winchester, Virginia 22602 RE: Proposed Woodlands Preservation Easement Dear Mr. Peyton: In a letter addressed to you dated October 8, 2008, 1 made reference to a possible Woodlands Preservation Easement that the County was working to establish atop the original 0.7 acre open space parcel which you and your Raven Pointe neighbors have recently acquired. In preliminary discussions with some of your neighbors, it appears that there is interest in pursuing the easement. As such, I would like to arrange a meeting with you within the week to further discuss this potential woodland preservation effort and your participation. In advance of our meeting, I would encourage you to review the draft easement which I have enclosed. You'll note that the draft easement is an agreement between you and the County as we jointly strive towards preserving these woodland areas. Please contact me so that we may schedule a time to further discuss this proposal. Recognizing that many people are not available during typical working day hours, I am available to meet any evening after 5PM, or possibly on the weekend. I may be reached at 540-665-5651. I look forward to hearing from you. Sincerely, l� Mark R. Cheran Zoning Administrator uISTWhlL"A cc: Eric Lawrence, AICP, Director of Planning and Development Attachment: Draft Easement 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 DEED OF EASEMENT Exempt from recordation taxes under §58.1-801 pursuant to Section 58.1-811(A)(3) THIS DEED OF EASEMENT, made and dated this day of 2008, by and between HENRY K X YTON, JR. AND KAR0 A. PEYTON, parties of the first part, hereinafter calf' e Grantor(s), and the COUNTY OF FREDERICK, VIRGINIA, ("Co hrer�after called the Grantee. WHEREAS, Grantor(s) is the fee si e owner of a certainft of land identified : as Lot 137A, located in the Raven Pointe subdiv sit n, nee Magisterial District, Frederick County, Virginia, said being mo icularly described on Exhibit A, attached hereto and made a part her operty" WHEREAS, a uare foot , ion o ope was forestal, natural, and scenic resources;:. WHEREAS, f ..4 oresa 14 squar.,�ot portion of the Property contains trees and other ature c withi y e Ravens development and is betwe,- sidences i R; REAS, in 10.1, Chapte f the Codi and other enviro tal fea �X �M preservation easemen a hereinafter set forth; and ing andM Q00 Pointe subdivisions; is -:. -the purposes of the Open Space Land Act, Title Virgin 1950, as amended, in order to protect woodland the Grantor(s) is willing to grant a perpetual woodland ;nt") over the Property, on the terms and conditions WHEREAS, the County is authorized by the Open Space Land Act to accept, hold, and administer easements, and possesses the authority to accept and is willing to accept the Easement under the tenns and conditions hereinafter set forth, NOW THEREFORE, for good and valuable consideration, receipt of which all parties acknowledge, and in consideration of the mutual covenants, terms, conditions, and restrictions hereinafter set forth, the Grantor(s) hereby grants and conveys to the Grantee a perpetual woodland preservation easement ("Easement") over the 714 square foot portion of the Property denoted by the designation "Raven Pointe Woodland Preserve Easement" on the plat attached hereto. The Easement area, in conjunction with easement(s) of same name on adjacent properties, such easements collectively to be known as the "Raven Pointe Woodland Preserve Easement" is hereby subject, in perpetuity, to the following terms, conditions, and restrictions: land. This Easement is perpetual. It is an easement in gross and runs with the 2. The Property shall not be divided or subdivided in any manner except for property line adjustments with other property subject to the Raven Pointe Woodland Preserve Easement. 3. No permanent or temporary building or structure shall be erected or constricted on the portion of the Property denoted by the designation "Raven Pointe Woodland Preserve Easement" on the plat attached hereto. 4. No grading or earth removal is permitted on the property if it will materially diminish or impair the conservation values protected by the Easement. 5. General Terms: (a) Although the Easement in gross will benefit the public in ways recited above, nothing herein shall be construed to convey a right to the public of access or use of the Property. The Grantor(s), its successors and assigns, retains the exclusive right to such access and use, subject to the terms of the Easement. (b) The Easement shall be construed to promote the purposes of the Virginia Open Space Land Act, the Virginia Conservation Easement Act, the Comprehensive Plan of Frederick County, and the conservation purposes of the Easement. (c) If any provision of the Easement is determined to be invalid by a court of competent jurisdiction, the remainder of the Easement shall not be affected thereby. (d) The terms of the Easement shall inure to the benefit of, and be binding upon, the parties hereto, their agents, successors, and assigns. (e) The Grantee, by its execution of this&-ed of Easement, does hereby accept the conveyance of the Easement as set forth he-.; U k (f) The Grantee and its represents s to time, upon 30 days written notice to the s), for and enforcement of the terms of the Easern (g) writing within 60 days following WITNESS the following si The Grantor(s), its succes and agi the properly from. time )urpose of inspections shall ridv, the Grantee in property. HENRY IK. PEYTON, JR. M HONE OWNER (Grantor) KARIN A. PEYTON HOME OWNER (Grantor) STATE OF VIRGINIA CITY/COUNTY OF , TO -WIT (SEAL) ( SEAL) The foregoing document was acknowledged before me this day of 2008, by HENRY K. PEYTON, JR. AND KARIN A. PEYTON, Grantor. My Commission expires NOTARY PUBLIC COUNTY OF FREDERICK, VIRGINIA M APPROVED AS TO FORM: County Attorney STATE OF VIRGINIA, At -Large CITY/COUNTY OF The foregoing document , 2008, by Board of Supervisors, County of My Commissi (SEAL) Chairman, Board of Supervisors (Grantee) this NOTARY PUBLIC _ day of who is the Chairman, e P A IPOIfidTE I 'EN I AREA TABULATION — — �EC T I ON 5 _ _ _ IttGT.� R C)14265 n LOT 139 ,� 54-G-3N50F64F 714 SF 0.0164 AC 7 W 6 0� E L 6G=60 I 64G-3-5-164F — 714 SF—0.0154 AC z — PARCEL 154F 0 SF 0.0D00 AC 1 64G-3-5-137 14,455 SF 0.3316 AC LOT i 2 — J _ ` i PORTION OF �I ' (N; w) LOT 1 37A 64D-3-5-164F d • ;'Xa4 S +0.0164 AC W rn j (NEV) LOT 137A 15,159 SF 0.3462 AC (OLD) - ? 15,169 SF/0.348� AC PARCEL 164F !HEREBY VACATED PROPERTY LINE / HEREBY A2/C'iED�� N26'21'2I W 33.91 LOT 11 1 LOT 136A PROPERTY LINE \ C, HEREBY CREATED �\ '�'U G G I 1 LOT 135A ` LOT 10 i` o-y?� LOT 134A O O 1/ \L07 ° / \ LOT 133A LOTS \`i: \% \ LOT 132A \ LOT 7 \ \ I 131 LOT _ \ - LG7 p p , pp1tyT� N SEC Q �Nii /Lp r, s 1 TI p5 a 9j> N 1 INST,r`0 PG 45 BOUNDARY LINE ADJUSTMENT ptyTx o LOT 137 & OPEN SPACE PARCEL 164F o�`� LIB RAVEN POINTE ��- f SECTION 5 v CORY M. HAYN?iS INSTRUMENT# 040014266 No. 2539 SHAWNEE MAGISTERIAL DISTRICT �!'25M FREDERICK COUNTY, VIRGINIA SCALE: 1" = 60' DATE: APRIL 27, 2DO6 L+ Patton Harris Rust & Associates,pc ~(� Engineers, Surveyors. Plonners. Londscope Architects. GRAPHIC SCALE .zo Sal 117 E2St Piccadilly Street, Suite 200 Pig I + 'Ninchester, Virginia 22601 ( IN FEET) T 540.667.2139 I inch = 60 ft. F 540.555.0493 SHEET 2 OF 2 I FIIE copy COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 665-6395 November 3, 2008 Lon and Valerie Kramer 116 Killaney Court Winchester, Virginia 22602 RE: Proposed Woodlands Preservation Easement Dear Mr. and Mrs. Kramer: In a letter addressed to you dated October 8, 2008, 1 made reference to a possible Woodlands Preservation Easement that the County was working to establish atop the original 0.7 acre open space parcel which you and your Raven Pointe neighbors have recently acquired. In preliminary discussions with some of your neighbors, it appears that there is interest in pursuing the easement. As such, I would like to arrange a meeting with you within the week to further discuss this potential woodland preservation effort and your participation. In advance of our meeting, I would encourage you to review the draft easement which I have enclosed. You'll note that the draft easement is an agreement between you and the County as we jointly strive towards preserving these woodland areas. Please contact me so that we may schedule a time to further discuss this proposal. Recognizing that many people are not available during typical working day hours, I am available to meet any evening after 5PM, or possibly on the weekend. I may be reached at 540-665-5651. I look forward to hearing from you. Sincerely, Mark R. Cheran Zoning Administrator MRGdlw cc: Eric Lawrence, AICP, Director of Planning and Development Attachment. Draft Easement 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 DEED OF EASEMENT Exempt from recordation taxes under §58.1-801 pursuant to Section 58.1-811(A)(3) THIS DEED OF EASEMENT, made and dated this day of 2008, by and between LON T. KRW, ER AND VALERIE H. pw- KRAMER, parties of the first part, hereinafter called: �CJrantor(s), and the COUNTY OF FREDERICK, VIRGINIA, ("County"), hereer raid the Grantee. WHEREAS, Grantor(s) is the fee szfe as Lot 135A, located in the Raven Pointe subd z Frederick County, Virginia, said p ,, being attached hereto and made a part her r,d. WHEREAS, a -W9uar owner of a icularly of land identified al District, 11141 )ed on Exhibit A, forestal, natural, and scenic resources; WHEREAS, oresa ,121 squ foot portion of the Property contains trees and other a.- ffi ature �, } s wi e Ravens development and is betwer sidences i Rav ing an n Pointe subdivisions- W&3 REAS, in fit ,- anc he purposes of the Open Space Land Act, Title 10.1, Chapter of the Code-, Virgin , 1950, as amended, in order to protect woodland and other environ tal feat, the Grantor(s) is willing to grant a perpetual woodland preservation easementient") over the Property, on the terms and conditions hereinafter set forth; and WHEREAS, the County is authorized by the Open Space Land Act to accept, hold, and administer easements, and possesses the authority to accept and is willing to accept the Easement under the terms and conditions hereinafter set forth; NOW THEREFORE, for good and valuable consideration, receipt of which all parties acknowledge, and in consideration of the mutual covenants, terms, conditions, and restrictions hereinafter set forth, the Grantor(s) hereby grants and conveys to the Grantee a perpetual woodland preservation easement ("Easement") over the 5,121 square foot portion of the Property denoted by the designation "Raven Pointe Woodland Preserve Easement" on the plat attached hereto. The Easement area, in conjunction with easement(s) of same name on adjacent properties, such easements collectively to be known as the "Raven Pointe Woodland Preserve Easement" is hereby subject, in perpetuity, to the following terms, conditions, and restrictions: 1. This Easement is perpetual. It is an easement in gross and runs with the land. 2. The Property shall not be divided or subdivided in any manner except for property line adjustments with other property subject to the Raven Pointe Woodland Preserve Easement. 3. No permanent or temporary building or structure shall be erected or constructed on the portion of the Property denoted by the designation "Raven Pointe Woodland Preserve Easement" on the plat attached hereto. 4. No grading or earth removal is permitted on the property if it will materially diminish or impair the conservation values protected by the Easement. 5. General Terms: (a) Although the Easement in gross will benefit the public in ways recited above, nothing herein shall be construed to convey a right to the public of access or use of the Property. The Grantor(s), its successors and assigns, retains the exclusive right to such access and use, subject to the terms of the Easement. (b) The Easement shall be construed to promote the purposes of the Virginia Open Space Land Act, the Virginia Conservation Easement Act, the Comprehensive Plan. of Frederick County, and the conservation purposes of the Easement. t (c) If any provision of the Easement is determined to be invalid by a court of competent jurisdiction, the remainder of the Easement shall not be affected thereby. (d) The terms of the Easement shall inure to the benefit of, and be binding upon, the parties hereto, their agents, successors, and assigns. (e) The Grantee, by its execution of thi D, pd of Easement, does hereby accept the conveyance of the Easement as set forth (f) The Grantee and its rE to time, upon 30 days written notice to the and enforcement of the terms of the Eased (g) The Grantor(s), its writing within 60 days following, fi WITNESS the followingsikti��ti s enter the property from time 3 s), for the s purpose of inspections and ,a ions shall 66MM, the Grantee in er or seals: property. LOIv T. KRAMER By (SEAL) HOME OWNER (Grantor) VALERIE H. KRAMER is HOME OWNER (Grantor) STATE OF VIRGINIA CITY/COUNTY OF , TO -WIT (SEAL) The foregoing document was acknowledged before me this day of IE H. K 2008, by LON T. KRAMER and VALERRAMER, Grantor. My Commission expires NOTARY PUBLIC APPROVED AS TO FORM: County Attorney STATE OF VIRGINIA, At -Large CITY/COUNTY OF The foregoing document was 2008, by Board of Supervisors,' '�` ua of COUNTY OF FREDERICK, VIRGINIA By (SEAL) Chairman, Board of Supervisors (Grantee) who is the Chairman, ! ' I AREA TABULATION t 64G-3-5-164D 9,341 SF 0.2145 AC LOT 138 I I PORTION OF 64G-3-5-164D -5.1 1 SF -0 1176 A (NEW) PARCEL 164E 4,220 SF O.D969 AC 64G-3-5-135 ;2,ODD SF 0.2755 AC PORTION OF 64G-3-5-154D .}@ 121 'SF +D 1176 AQ 1 t LOT 12 LOT 137 -' t (NEW) LOT 135A 17.121 SF 0.3931 AC � I N21i7'31"W 29.77' `a LOT 1 I l s LOT 135 \ j �, 1 , PROPERTY LINE _ 1HEREBY CREATED LOT 10 (NEW) PARCEL 56 , t (NEW) LOT 135A �0 164E ,17,121 SF/0.3931 AC ��_ O? (OPEN SPACE) �' PROPERTY LINE p P HEREBY YACA�TED 4, 220 SF/ i , C, � Z �z O 0.0969 AC LOT 134A PROPERTY LINE \� HEREBY CREATED LOT 9 - S) CD I LOT 133A LOT 8 Z >Lil� Q`t'o LOT 132A. r^ LOT 7 COT 5 135 SECT �UlNC \, �vEN P011'A5 - - D� 071 ��'V 7 LOT 4 1 SE o40p1 a265 G 45 / \ 1NSTr �yTH p U CORY M. HAYNES a No.t 2539 �q sv�4 GRAPHIC SCALE 0 30 60 720 ( IN FEET } I meb = 6D ft. BOUNDARY LINE ADJUSTMENT LOT 135 & OPEN SPACE PARCEL 164D RAVEN POINTE SECTION 5 INSTRUMENT# 040014266 SHAWNEE MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA SCALE. 1' = 60' DATE: APRIL 27. 2006 Patton Harris Rust & Associates,pc Engineers. Surveyors. Plonners_ Landscape Architects. Pi-,R+A 117 East Piccadilly Street, Suite 200 Winchester, Virginia 22601 T 540.667.2139 F 540.665.0493 SHEET COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 665-6395 November 3, 2008 Gary W. Price PO Box 3231 Winchester, Virginia 22604 RE: Proposed Woodlands Preservation Easement Dear Mr. Price: In a letter addressed to you dated October 8, 2008, I made ref'- rence to a possible Woodlands Preservation Easement that the County was working to establish atop the original 0.7 acre open space parcel which you and your Raven Pointe neighbors have recently acquired. In preliminary discussions with some of your neighbors, it appears that there is interest in pursuing the easement. As such, I would like to arrange a meeting with you within the week to further discuss this potential woodland preservation effort and your participation. In advance of our meeting, I would encourage you to review the draft easement which I have enclosed. You'll note that the draft easement is an agreement between you and the County as we jointly strive towards preserving these woodland areas. Please contact me so that we may schedule a time to further discuss this proposal. Recognizing that many people are not available during typical working day hours, I am available to meet any evening after 5PM, or possibly on the weekend. I may be reached at 540-665-5651. I look forward to hearing from you. Sincerely, L-/�/CLk-6 fi ckt�lld I Lk/ Mark R. Cheran Zoning Administrator MRC/dlw cc: Eric Lawrence, AICP, Director of Planning and Development Attachment: Draft Easement 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 DEED OF EASEMENT Exempt from recordation taxes under §58.1-801 pursuant to Section 58.1-811(A)(3) THIS DEED OF EASEMENT, made and dated this , 2008, by and between GARY W. hereinafter called the Grantor(s), and the COUNTY OM, ("County"), hereinafter called the Grantee. WITNES3'H: WHEREAS, Grantor(s) is the fee s�W owner of a as Lot 134A located in the Raven Pointe subdivxin 1ia? Frederick County, Virginia, said p y,,;, z. being attached hereto and made apart her k WHEREAS, a,�square foo ortiorn scenic resources; WHEREAS, and other -a 011f betwe nsidences i 10.1, and other en day of party of the first part, of land identified agisf real District, described on Exhibit A, forestal, natural, and Eoresa,113 sqdi F. , foot portion of the Property contains trees " wither he Ravens development and is RaveiTing ancRa 'en Pointe subdivisions; in furance e purposes of the Open Space Land Act, Title the Cod Virgin, 1950, as amended, in order to protect woodland tal fea , the Grantor(s) is willing to grant a perpetual woodland preservation easeme TI ent") over the Property, on the terms and conditions hereinafter set forth; and WHEREAS, the County is authorized by the Open Space Land Act to accept, hold, and administer easements, and possesses the authority to accept and is willing to accept the Easement under the terms and conditions hereinafter set forth; NOW THEREFORE, for good and valuable consideration, receipt of which all parties acknowledge, and in consideration of the mutual covenants, terms, conditions, and restrictions hereinafter set forth, the Grantor(s) hereby grants and conveys to the Grantee a perpetual woodland preservation easement ("Easement") over the 7,113 square foot portion of the Property denoted by the designation "Raven Pointe Woodland Preserve Easement" on the plat attached hereto. The Easement area, in conjunction with easement(s) of same name on adjacent properties, such easements collectively to be known as the "Raven Pointe Woodland Preserve Easement" is hereby subject, in perpetuity, to the following terms, conditions, and restrictions: This Easement is perpetual. It is an easement in gross and runs with the land. 2. The Property shall not be divided or subdivided in any manner except for property line adjustments with other property subject to the Raven Pointe Woodland Preserve Easement. 3. No permanent or temporary building or structure shall be erected or constructed on the portion of the Property denoted by the designation "Raven Pointe Woodland Preserve Easement" on the plat attached hereto. 4. No grading or earth removal is permitted on the property if it will materially diminish or impair the conservation values protected by the Easement. 5. General. Terms: (a) Although the Easement in gross will benefit the public in ways recited above, nothing herein shall be construed to convey a right to the public of access or use of the Property. The Grantor(s), its successors and assigns, retains the exclusive right to such access and use, subject to the terms of the Easement. (b) The Easement shall be construed to promote the purposes of the Virginia Open Space Land Act, the Virginia Conservation Easement Act, the Comprehensive Plan of Frederick County, and the conservation purposes of the Easement. (c) If any provision of the Easement is determined to be invalid by a court of competent jurisdiction, the remainder of the Easement shall not be affected thereby. (d) The terms of the Easement shall inure to the benefit of, and be binding upon, the parties hereto, their agents, successors, and assigns. (e) The Grantee, by its execution of this } , d of Easement, does hereby accept the conveyance of the Easement as set forth hez (f) The Grantee and its represent s menter the property from time to time, upon 30 days written notice to the G (s), for the urpose of inspections and enforcement of the terms of the Easem. r (g) The Grantor(s), its successor and assigns shall nth the Grantee in 6 writing within 60 days following t unsfer or s , ;' — e property. WITNESS the followings, d seals: STATE O CITY/CO' My Commission acknowledged before me this LRY W. PRICE, Grantor. NOTARY PUBLIC (SEAL) COUNTY OF FREDERICK, VIRGINIA By (SEAL) Chairman, Board of Supervisors (Grantee) APPROVED AS TO FORM: County Attorney STATE OF VIRGINIA, At -Large CITY/COUNTY OF , TO -WIT The foregoing document was acknowledged before me this , 2008, by Board of Supervisors, County of Frederick, Virginia, Grantee. My Commission expires NOTARY PUBLIC _ day of who is the Chairman, .LB=> l I AREA TABULATION 64G-3-5-164C 16,454 SF 0.3778 AC t PORTION OF LOT 138 I t 64G-3-5-164C —7.113 SF—0.1Q33 AC (NEW) PARCEL 154D 9,341 SF 0.2145 AC 54G-3-5-134 12,000 SF 0.2755 AC PORTION OF 64G-3-5-164C *7.11.3 SF r0.1633 AC ' LOT 12 (NEW) LOT 134A i9,t13 SF 0.4386 AC t j / 1 t 1 l ` LOT 137 N21'17'31"W I ' ,1 0 29.77' --- , ;a ;n LOT 11 LOT 136 o ZOO �i -Z tl 13 ' ' LOT 135 LOT i0z0 PROPERTY LINE N �a HEREBY CREATED wo O LLJ CD a' as 0'it (NEW) PARCEL �� (NEW) LOT 134A c" 6, 164D �6 Ai., . 'h \ 19,113 SF/0.4388 AC \ (OPEN SPACE) j,�-P ROPERTY LINE 9,341 SF/ \ HEf2EBY VACATED 0.2145 AC LOT 9 ` iti N$ .2 LOT 133A N26'21 21"W LOT 8 PROPERTY UNI HEREBY CREATTED, LOT 132A LOT 7 ^' 1 \ I , \ R tors o SECnO WINO- �/Rpom-1 5 oti�E 8 971 PC 8 / LOT 4 �\ 1 SE�0�4266 r-P1 THo CORY M. HAYNES U;' No. 2539 -41Z7 41 GRAPHIC SCALE o w so izo ( IN FEET ) 1 inch = 60 it_ BOUNDARY. LINE ADJUSTMENT LOT 134 & OPEN SPACE PARCEL 164C RAVEN POINTE SECTION 5 INSTRUMENT# 040014266 SHAWNEE MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA SCALE: 1" = 60' DATE: APRIL 27, 2006 Patton Harris Rust $ Associates,p.c Engineers. Surveyors. Planners. Landscape Architects. 117 East Piccadilly Street, Suite 200 Winchester, Virginia 22601 T 540.667.2139 F 540.665.0493 SHEET 2 OF 2 O 11 R FIE COPY COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 665-6395 November 3, 2008 Carl and Elena Stubbert 122 Killaney Court Winchester, Virginia 22602 RE: Proposed Woodlands Preservation Easement Dear Mr. and Mrs. Stubbert: In a letter addressed to you dated October 8, 2008, I made reference to a possible Woodlands Preservation Easement that the County was working to establish atop the original 0.7 acre open space parcel which you and your Raven Pointe neighbors have recently acquired. In preliminary discussions with some of your neighbors, it appears that there is interest in pursuing the easement. As such, I would like to arrange a meeting with you within the week to further discuss this potential woodland preservation effort and your participation. In advance of our meeting, I would encourage you to review the draft easement which I have enclosed. You'll note that the draft easement is an agreement between you and the County as we jointly strive towards preserving these woodland areas. Please contact me so that we may schedule a time to further discuss this proposal. Recognizing that many people are not available during typical working day hours, I am available to meet any evening after 5PM, or possibly on the weekend. I may be reached at 540-665-5651. I look forward to hearing from you. Sincerely, Mark R_ Cheran Zoning Administrator MRC/dlw cc: Eric Lawrence, AICP, Director of Planning and Development Attachment: Draft Easement 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 4 DEED OF EASEMENT Exempt from recordation taxes under §58.1-801 pursuant to Section 58.1-811(A)(3) THIS DEED OF EASEMENT, made and dated this day of 2008, by and between CARL AND01 of the first part, hereinafter called the Grantor(s), an h� VIRGINIA, ("County"), hereinafter called the G F ee WITNESSTH: WHEREAS, Grantor(s) is the fee Nbd", owner of a as Lot 132A, located in the Raven Pointe n,' Frederick County, Virginia, said attached hereto and made a part her WHEREAS, a uare fom scenic resources; WHEREAS ,11iforesa ' 5,007 and others eatur being ion ENA STUBBERT, party UNTY OF FREDERICK cularly descri of land identified District, on Exhibit A, forestal, natural, and portion of the Property contains trees Ravens development and is ing and -R-ly n Pointe subdivisions; he purposes of the Open Space Land Act, Title irgin 1950, as amended, in order to protect woodland the Grantor(s) is willing to grant a perpetual woodland preservation easement(��ient") over the Property, on the terms and conditions hereinafter set forth; and WHEREAS, the County is authorized by the Open Space Land Act to accept, hold, and administer easements, and possesses the authority to accept and is willing to accept the Easement under the terms and conditions hereinafter set forth; betwe6 T sidences iiiq VM—REAS, in 10.1, Chapte _ f the and other enviro NOW THEREFORE, for good and valuable consideration, receipt of which all parties acknowledge, and in consideration of the mutual covenants, terms, conditions, and restrictions hereinafter set forth, the Grantor(s) hereby grants and conveys to tlhe Grantee a perpetual woodland preservation easement ("Easement") over the 5,007 square foot portion of the Property denoted by the designation "Raven Pointe Woodland Preserve Easement" on the plat attached hereto. The Easement area, in conjunction with easement(s) of same name on adjacent properties, such easements collectively to be known as the "Raven Pointe Woodland Preserve Easement" is hereby subject, in perpetuity, to the following terms, conditions, and restrictions: land. This Easement is perpetual. It is an easement in gross and runs with the 2. The Property shall not be divided or subdivided in any manner except for property line adjustments with other property subject to the Raven Pointe Woodland Preserve Easement. 3. No permanent or temporary building or structure shall be erected or constructed on the portion of the Property denoted by the designation "Raven Pointe Woodland Preserve Easement" on the plat attached hereto. 4. No grading or earth removal is permitted on the property if it will materially diminish or impair the conservation values protected by the Easement. 5. General Terms: (a) Although the Easement in gross will benefit the public in ways recited above, nothing herein shall be construed to convey a right to the public of access or use of the Property. The Grantor(s), its successors and assigns, retains the exclusive right to such access and use, subject to the terms of the Easement. (b) The Easement shall be construed to promote the purposes of the Virginia Open Space Land Act, the Virginia Conservation Easement Act, the Comprehensive Plan of Frederick County, and the conservation purposes of the Easement. (c) If any provision of the Easement is detennined to be invalid by a court of competent jurisdiction, the remainder of the Easement shall not be affected thereby. (d) The terms of the Easement shall inure to the benefit of, and be binding upon, the parties hereto, their agents, successors, and assigns. (e) The Grantee, by its execution of this, ,,Deed of Easement, does hereby accept the conveyance of the Easement as set forth (f) The Grantee and its rf to time, upon 30 days written notice to the and enforcement of the terms of the Easen (g) The Grantor(s), its writing within 60 days following4 ftll Pq WITNESS the following sigW By s), for the and the property from time shall or sff e property. d seals: (Grantor) A STUBBERT HOME OWNER (Grantor) STATE OF VIRGINIA CITY/COUNTY OF , TO -WIT of inspections the Grantee in The foregoing document was acknowledged before me this day of , 2008, by CARL AND ELENA STUBBERT, Grantor. My Commission expires (SEAL) (SEAL) NOTARY PUBLIC APPROVED AS TO FORM: County Attorney STATE OF VIRGINIA, At -Large CITY/COUNTY OF The foregoing document , 2008, by Board of Supervisors, County of My COUNTY OF FREDERICK, VIRGINIA (SEAL) Chairman, Board of Supervisors (Grantee) this NOTARY PUBLIC _ day o7 who is the Chairman, CURVE TABLE CURVE RADIUS DELTA LENGTH TANGENT BEARING CHORD C1 35.DO' 47'36'41 29.08' 15.44' S19'50'22"E 28.25' *C2. 54.DO' 36-22'05" 34.28' 17.74' Si4'13'04'E 33.70' *AS NOW COMPUTED AREA TABULATION 1 64G-3-5-164A 30,593 SF 0.7023 AC t ! J I PORTION OF I 64G-3-5-164A —5,007 SF—0.1149 AC LOT 12 I ' , 1 (NEW) PARCEL 1648 25,586 SF 0.5874 AC LOT 137 , ` 64G 3-5-132 14,813 SF 0,3401 AC /\t PORTION OF N21 17'3i"W 54G-3-5-164A +5,007 SF +0.1149 AC 29.77' \ 1 I / (NEW) LOT 132A 19,1320 SF D.4550 AC QD { ' LOT 136 LOT 11 \ \ o do LOT 135 \ , LOT 10 O �O. , /\ rn 1 � � LID z 0 N \�\ ��[ t�2 LOT 134 \ \ �^ o — 0 LOT 9 tiU C4 ` ��0 ��,� L7 ----- (NEW) \ PARCEL 164B LOT 133 Ln (OPEN SPACE) 9 25,586 SF/ n LOT 8 i 0.5874 AC PROPERTY LINE HEREBY CREATED n N19'04'56"w 1N2\ (NEW) LOT 132A 36.a6' 93 19,820 Sf/0.4550 AC \ N LOT 7�—PROPERTY LINE HEREBY VACATED Sg4 5018 \ "w 124 42 \. R LOT g W S5T35 63OT 131 ` �D ECT�O 0NC RpVCNT?OM5E— B 97>, pry 45 �j`� SLOT 4\� STsCr 4O0Ta?66 \1,4 v CORY M. HAYNES a No. 2539 �27/04 s —"'C °v p GRAPHI6p 0111 ,m ( IN FEET ) 1 inch = 60 ft. BOUNDARY LINE ADJUSTMENT LOT 132 & OPEN SPACE PARCEL 164A RAVEN POINTE SECTION 5 INSTRUMENT) 040014266 SHAWNEE MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA SCALE. 1" = 60' DATE APRIL 27, 2006 Patton Harris Rust 8, Associates,pc Engineers. Surveyors. Planners. Landscape Architects. 117 East Piccadilly Street, Suite 200 Winchester. Virginia 22601 T 540.567.2139 F 540.665.0493 SHEET 2 OF 2 N n J B COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 665-6395 November 3, 2008 Hazel Marie Boyd 120 Killaney Court Winchester, Virginia 22602 RE: Proposed Woodlands Preservation Easement Dear Mrs. Boyd: In a letter addressed to you dated October 8, 2008, I made reference to a possible Woodlands Preservation Easement that the County was working to establish atop the original 0.7 acre open space parcel which you and your Raven Pointe neighbors have recently acquired. In preliminary discussions with some of your neighbors, it appears that there is interest in pursuing the easement. As such, I would like to arrange a meeting with you within the week to further discuss this potential woodland preservation effort and your participation. In advance of our meeting, I would encourage you to review the draft easement which I have enclosed. You'll note that the draft easement is an agreement between you and the County as we jointly strive towards preserving these woodland areas. Please contact me so that we may schedule a time to further discuss this proposal. Recognizing that many people are not available during typical working day hours. I am available to meet any evening after 5PM, or possibly on the weekend. I may be reached at 540-665-5651. I look forward to hearing from you. Sincerely, %1u/ Mark R. Cheran Zoning Administrator MRC/dlw cc: Eric Lawrence, AICP, Director of Planning and Development Attachment: Draft Easement 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 DEED OF EASEMENT Exempt from recordation taxes under §58.1-801 pursuant to Section 58.1-811(A)(3) THIS DEED OF EASEMENT, made and dated this day of 12008, by and between HAZEL MAIE BOYD, party of the first part, hereinafter called the Grantor(s), and the COUI ' "F FREDERICK, VIRIN GIA, ("County"), hereinafter called the Grae x WHEREAS, Grantor(s) is the fee s5p1e owner of a certainat of land identified 3 as Lot 133A, located in the Raven Pointe subdi ion, nee Magistera,l District, Frederick County, Virginia, said e;:, being in I icularly described on Exhibit A, attached hereto and made a part her- operty' ); WHEREAS, a . quare fo- ,ortion Prop s"s. as forestal, natural, and scenic resources; WHEREAS, t oresa ,132 squ ': foot portion of the Property contains trees and other eatur with _ e Ravens development and is betw sidences 1 . Ra %'"ring an -' =n Pointe subdivisions; REAS, in fu ance� purposes of the Open Space Land Act, Title 10.1, Chapte f the Code Virginia, 1950, as amended, in order to protect woodland r and other envir0 tal fea , the Grantor(s) is willing to grant a perpetual woodland preservation easemen ent") over the Property, on the terms and conditions hereinafter set forth; and WHEREAS, the County is authorized by the Open Space Land Act to accept, hold, and administer easements, and possesses the authority to accept and is willing to accept the Easement under the terms and conditions hereinafter set forth; NOW THEREFORE, for good and valuable consideration, receipt of which all parties acknowledge, and in consideration of the mutual covenants, terms, conditions, and restrictions hereinafter set forth, the Grantor(s) hereby grants and conveys to the Grantee a perpetual woodland preservation easement ("Easement") over the 9,132 square foot portion of the Property denoted by the designation "Raven Pointe Woodland Preserve Easement" on the plat attached hereto. The Easement area, in conjunction with easement(s) of same name on adjacent properties, such easements collectively to be known as the "Raven Pointe Woodland Preserve Easement" is hereby subject, in perpetuity, to the following terms, conditions, and restrictions: This Easement is perpetual. It is an easement in gross and runs with the land. 2. The Property shall not be divided or subdivided in any manner except for property line adjustments with other property subject to the Raven Pointe Woodland Preserve Easement. 3. No permanent or temporary building or structure shall be erected or constructed on the portion of the Property denoted by the designation "Raven Pointe Woodland Preserve Easement" on the plat attached hereto. 4. No grading or earth removal is permitted on the property if it will materially diminish or impair the conservation values protected by the Easement. 5. General Terms: (a) Although the Easement in gross will benefit the public in ways recited above, nothing herein shall be construed to convey a right to the public of access or use of the Property. The Grantor(s), its successors and assigns, retains the exclusive right to such access and use, subject to the terms of the Easement. (b) The Easement shall be construed to promote the purposes of the Virginia Open Space Land Act, the Virginia Conservation Easement Act, the Comprehensive Plan of Frederick County, and the conservation purposes of the Easement. (c) If any provision of the Easement is determined to be invalid by a court of competent jurisdiction, the remainder of the Easement shall not be affected thereby. (d) The terms of the Easement shall inure to the benefit of and be binding upon, the parties hereto, their agents, successors, and assigns. (e) The Grantee, by its execution of this d of Easement, does hereby accept the conveyance of the Easement as set forth h gm (f) The Grantee and its represens i enter the property from time to time, upon 30 days written notice to the Grah(s), for the so e purpose of inspections and enforcement of the terms of the Easerian fi (g) The Grantor(s), its succee � 6%, ani s shall nthe Grantee in £.; writing within 60 days followin t. - s ansfer or safi e property. WITNESS the following sigturf= seals %-4- (Grantor) STATE OFGINIA CITY/COUR F . TO -WIT The foregoin cume acknowledged before me this day of IO 'I�IAZEL MARIE BOYD, Grantor. My Commission NOTARY PUBLIC (SEAL) COUNTY OF FREDERICK, VIRGINIA By (SEAL) Chairman, Board of Supervisors (Grantee) APPROVED AS TO FORM: County Attorney STATE OF VIRGINIA, At -Large CITY/COUNTY OF , TO -WIT The foregoing document was acknowledged before me this day of , 2008, by , who is the Chairman, Board of Supervisors, County of Frederick, Virginia, Grantee. My Commission expires NOTARY PUBLIC I I AREA TABULATION ` ,4C-3-5-1646 1 � 25,586 SE 0.5874 AC PORTION OF LOT 138 I i 54G-3-5-154B-9,137 SF-0.2096 AC �- (NEW) PARCEL 164C 16,454 SF 0.3778 AC j ' I 64G-3-5-133 12,000 SF 0.2755 AC PORTION OF 64G-3-5-164B +0.2096 AC (NEW) LOT 133A , 32 SF 0.4851 AC LOT 12 i , t ' 1 I L07 137 N211 7'31 "W 29.77' o L07 11 S m LOT 136 \ z 1 \\ 1 �` 1 f aat \ 1 2 TZ LOT 135 P LOT 10 Cp 0-0 LO & \ LOT 134 LOT 9 ZO (NEW) ` ` $ E i \\X- WO PARCEL 16 1C t \ N��2� \ 00` � CO I(OPEN SPAC� t� o`p' _ J 16,454 SF/ \ 36 \ o� ?1 - r 0.3778 AC 2`' (NEW) LOT 133A PROPERTY LINE 1�� 6` \ 21,132 SF/0.4851 AC 1 PROPERTY LINE LOT 8 HEREBY VACATED 62 N26 51 51�"W N19'04'56"W i' \ LOT 132A LOT 7 S84'50'18"W 19.38' I Rq BEN s �p SECrj p E 9 j1 PG ] LOT 4 1 SE p400t 4265 45 AyTH v CORY M. HAYNES 9 No. 2539 -4 z7lo4 GRAPHIC SCALE 0 30 so 120 ( IN FEET ) 1 inch = 60 ft BOUNDARY LINE ADJUSTMENT LOT 133 & OPEN SPACE PARCEL 164B RAVEN POINTE SECTION 5 s INSTRUMENT# 040014266 SHAWNEE MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA SCALE: 1' = 60' DATE APRIL 27, 20D6 Patton Harris Rust & Associates,pc g Engineers. Surveyors. Planners. Landscape Architects. > PT-I.IR�[� 117 East Piccadilly Street, Suite 200 Winchester, Virginia 22601 T 540.667.2139 F 540.665.0493 SHEET 2 OF Identify Identify Results Date: Thursday September 4, 2008 Time: 8:12:30 AM view: PLANNING ACCESS TERMINAL Theme: Parcels - 64G 3 5 132 MMAP: 64G 3 5 132 OWNERS NAME: STUBBERT CARL L C/O NAME: MAILING ADDRESS: 122 KILLANEY CT CITY, STATE: WINCHESTER VA ZIPCODE: 22602 ACREAGE: 0.45000 ZONING: RP LAND USE: 2 OCCUPANCY: 10 WATER SOURCE: 30 SEWER SOURCE: 40 TAX ASSESSMENT IMPROVEMENT VALUE: 394600 TAX ASSESSMENT LAND VALUE: 99500 TAX ASSESSMENT TOTAL VALUE: 494100 PROPERTY HOUSE NUMBER: 122 PROPERTY STREET NAME: KILLANEY CT STREET TYPE: DEED BOOK NUMBER: DEED BOOK PAGE NUMBER: 0 YEAR BUILT: 2005 RECORD NUMBER: 0042634 NUMBER OF ROOMS: 10 NUMBER OF BEDROOMS: 4 NUMBER OF BATHROOMS: 2 NUMBER OF HALFBATHS: 1 NUMBER OF STORYS: 2.00 TOTAL SQ FOOTAGE: 3506.7 BASEMENT SQ FOOTAGE: 1369 BASEMENT FINISHED ?: 0 MONTH SOLD: 3 DAY SOLD: 22 YEAR SOLD: 2005 SELLING PRICE: 479900 AGE: 997 DESCRIPTION 1: RAVEN POINTE L132AS5 DESCRIPTION 2: SHAPE_LENG: 656.23299076000 SHAPE —AREA: 19819.94119870000 TAXMAP: 64 INSERT_: G LOT: 132 SUBLOT: RECNUM: 0042634 CALCACR: 0.45500324148 DOUBLE: 3 SECTION: 5 MONTH_CHAN: 05 YEAR_CHAN: 08 Theme: Subdivisions - RAVEN POINTE SHAPE: Polygon MAP: 64G BLOCK: 3 Page 1 Identify Identify Results ---------------- ---------------- Date: Thursday September 4, 2008 Time: 8:12:43 AM View: PLANNING ACCESS TERMINAL Theme: Parcels - 64G 3 5 133 MMAP: 64G 3 5 133 OWNERS NAME: BOYD HAZEL MARIE C/O NAME: MAILING ADDRESS: 120 KILLANEY CT CITY, STATE: WINCHESTER VA ZIPCODE: 22602 ACREAGE: 0.49000 ZONING: RP LAND USE: 2 OCCUPANCY: 10 WATER SOURCE: 30 SEWER SOURCE: 40 TAX ASSESSMENT IMPROVEMENT VALUE: 359100 TAX ASSESSMENT LAND VALUE: 99500 TAX ASSESSMENT TOTAL VALUE: 458600 PROPERTY HOUSE NUMBER: 120 PROPERTY STREET NAME: KILLANEY CT STREET TYPE: DEED BOOK NUMBER: DEED BOOK PAGE NUMBER: 0 YEAR BUILT: 2005 RECORD NUMBER: 0042635 NUMBER OF ROOMS: 10 NUMBER OF BEDROOMS: 4 NUMBER OF BATHROOMS: 2 NUMBER OF HALFBATHS: 1 NUMBER OF STORYS: 2.00 TOTAL SQ FOOTAGE: 3051.2 BASEMENT SQ FOOTAGE: 0 BASEMENT FINISHED ?: 0 MONTH SOLD: 8 DAY SOLD: 10 YEAR SOLD: 2005 SELLING PRICE: 0 AGE: 997 DESCRIPTION 1: RAVEN POINTE L133AS5 DESCRIPTION 2: SHAPE_LENG: 686.41813725100 SHAPE —AREA: 21162.39871020000 TAXMAP: 64 INSERT_: G LOT: 133 SUBLOT: RECNUM: 0042635 CALCACR: 0.48582182530 DOUBLE: 3 SECTION: 5 MONTH_CHAN: 05 YEAR_CHAN: 08 Theme: Subdivisions - RAVEN POINTE SHAPE: Polygon MAP: 64G BLOCK: 3 Page 1 Identify Identify Results Date: Thursday September 4, 2008 Time: 8:12:56 AM View: PLANNING ACCESS TERMINAL Theme: Parcels - 64G 3 5 134 MMAP: 64G 3 5 134 OWNERS NAME: PRICE GARY W C/O NAME: MAILING ADDRESS: PO BOX 3231 CITY, STATE: WINCHESTER VA ZIPCODE: 22604 ACREAGE: 0.44000 ZONING: RP LAND USE: 2 OCCUPANCY: 10 WATER SOURCE: 30 SEWER SOURCE: 40 TAX ASSESSMENT IMPROVEMENT VALUE: 318200 TAX ASSESSMENT LAND VALUE: 99500 TAX ASSESSMENT TOTAL VALUE: 417700 PROPERTY HOUSE NUMBER: 118 PROPERTY STREET NAME: KILLANEY CT STREET TYPE: DEED BOOK NUMBER: DEED BOOK PAGE NUMBER: 0 YEAR BUILT: 2005 RECORD NUMBER: 0042636 NUMBER OF ROOMS: 6 NUMBER OF BEDROOMS: 4 NUMBER OF BATHROOMS: 3 NUMBER OF HALFBATHS: 0 NUMBER OF STORYS: 1.70 TOTAL SQ FOOTAGE: 2681.4 BASEMENT SQ FOOTAGE: 0 BASEMENT FINISHED ?: 0 MONTH SOLD: 6 DAY SOLD: 28 YEAR SOLD: 2005 SELLING PRICE: 450900 AGE: 997 DESCRIPTION 1: RAVEN POINTE L134AS5 DESCRIPTION 2: SHAPE_LENG: 640.60898686700 SHAPE -AREA: 18987.34316870000 TAXMAP: 64 INSERT_: G LOT: 134 SUBLOT: RECNUM: 0042636 CALCACR: 0.43588942077 DOUBLE: 3 SECTION: 5 MONTH_CHAN: 05 YEAR_CHAN: 08 Theme: Subdivisions - RAVEN POINTE SHAPE: Polygon MAP: 64G BLOCK: 3 Page 1 Identify Identify Results ---------------- ---------------- Date: Thursday September 4, 2008 Time: 8:13:10 AM View: PLANNING ACCESS TERMINAL Theme: Parcels - 64G 3 5 135 MMAP: 64G 3 5 135 OWNERS NAME: KRAMER LON T C/O NAME: KRAMER VALERIE H MAILING ADDRESS: 116 KILLANEY CT CITY, STATE: WINCHESTER VA ZIPCODE: 22602 ACREAGE: 0.39000 ZONING: RP LAND USE: 2 OCCUPANCY: 10 WATER SOURCE: 30 SEWER SOURCE: 40 TAX ASSESSMENT IMPROVEMENT VALUE: 286700 TAX ASSESSMENT LAND VALUE: 99500 TAX ASSESSMENT TOTAL VALUE: 386200 PROPERTY HOUSE NUMBER: 116 PROPERTY STREET NAME: KILLANEY CT STREET TYPE: DEED BOOK NUMBER: DEED BOOK PAGE NUMBER: 0 YEAR BUILT: 2005 RECORD NUMBER: 0042637 NUMBER OF ROOMS: 8 NUMBER OF BEDROOMS: 4 NUMBER OF BATHROOMS: 2 NUMBER OF HALFBATHS: 1 NUMBER OF STORYS: 2.00 TOTAL SQ FOOTAGE: 2444.8 BASEMENT SQ FOOTAGE: 0 BASEMENT FINISHED ?: 0 MONTH SOLD: 5 DAY SOLD: 11 YEAR SOLD: 2005 SELLING PRICE: 459900 AGE: 997 DESCRIPTION 1: RAVEN POINTE L135AS5 DESCRIPTION 2: SHAPE_LENG: 592.22331529300 SHAPE —AREA: 17195.73474840000 TAXMAP: 64 INSERT_: G LOT: 135 SUBLOT: RECNUM: 0042637 CALCACR: 0.39475975088 DOUBLE: 3 SECTION: 5 MONTH_CHAN: 05 YEAR—CHAN: 08 Theme: Address Points - 116 SHAPE: Point NUMBER: 116 PREFIX: Page 1 Identify Identify Results Date: Thursday September 4, 2008 Time: 8:13:42 AM View: PLANNING ACCESS TERMINAL Theme: Parcels - 64G 3 5 136 MMAP: 64G 3 5 136 OWNERS NAME: DOYLE DANA L C/O NAME: MAILING ADDRESS: 114 KILLANEY CT CITY, STATE: WINCHESTER VA ZIPCODE: 22602 ACREAGE: 0.37000 ZONING: RP LAND USE: 2 OCCUPANCY: 10 WATER SOURCE: 30 SEWER SOURCE: 40 TAX ASSESSMENT IMPROVEMENT VALUE: 285000 TAX ASSESSMENT LAND VALUE: 99500 TAX ASSESSMENT TOTAL VALUE: 384500 PROPERTY HOUSE NUMBER: 114 PROPERTY STREET NAME: KILLANEY CT STREET TYPE: DEED BOOK NUMBER: DEED BOOK PAGE NUMBER: 0 YEAR BUILT: 2005 RECORD NUMBER: 0042638 NUMBER OF ROOMS: 7 NUMBER OF BEDROOMS: 4 NUMBER OF BATHROOMS: 2 NUMBER OF HALFBATHS: 1 NUMBER OF STORYS: 2.00 TOTAL SQ FOOTAGE: 2307.5 BASEMENT SQ FOOTAGE: 0 BASEMENT FINISHED ?: 0 MONTH SOLD: 4 DAY SOLD: 18 YEAR SOLD: 2005 SELLING PRICE: 439500 AGE: 997 DESCRIPTION 1: RAVEN POINTE L136AS5 DESCRIPTION 2: SHAPE_LENG: 553.93800325100 SHAPE —AREA: 16345.64376830000 TAXMAP: 64 INSERT_: G LOT: 136 SUBLOT: RECNUM: 0042638 CALCACR: 0.37524434730 DOUBLE: 3 SECTION: 5 MONTH_CHAN: 05 YEAR_CHAN: 08 Theme: Subdivisions - RAVEN POINTE SHAPE: Polygon MAP: 64G BLOCK: 3 Page 1 Identify Identify Results ---------------- ---------------- Date: Thursday September 4, 2008 Time: 8:13:25 AM View: PLANNING ACCESS TERMINAL Theme: Parcels - 64G 3 5 137 MMAP: 64G 3 5 137 OWNERS NAME: PEYTON HENRY K JR C/O NAME: PETYTON KARIN A MAILING ADDRESS: 112 KILLANEY CT CITY, STATE: WINCHESTER VA ZIPCODE: 22602 ACREAGE: 0.35000 ZONING: RP LAND USE: 2 OCCUPANCY: 10 WATER SOURCE: 30 SEWER SOURCE: 40 TAX ASSESSMENT IMPROVEMENT VALUE: 316100 TAX ASSESSMENT LAND VALUE: 99500 TAX ASSESSMENT TOTAL VALUE: 415600 PROPERTY HOUSE NUMBER: 112 PROPERTY STREET NAME: KILLANEY CT STREET TYPE: DEED BOOK NUMBER: DEED BOOK PAGE NUMBER: 0 YEAR BUILT: 2005 RECORD NUMBER: 0042639 NUMBER OF ROOMS: 8 NUMBER OF BEDROOMS: 4 NUMBER OF BATHROOMS: 2 NUMBER OF HALFBATHS: 1 NUMBER OF STORYS: 2.00 TOTAL SQ FOOTAGE: 2686.9 BASEMENT SQ FOOTAGE: 0 BASEMENT FINISHED ?: 0 MONTH SOLD: 10 DAY SOLD: 6 YEAR SOLD: 2005 SELLING PRICE: 485000 AGE: 997 DESCRIPTION 1: RAVEN POINTE L137AS5 DESCRIPTION 2: SHAPE_LENG: 518.06111007700 SHAPE -AREA: 15141.30775330000 TAXMAP: 64 INSERT_: G LOT: 137 SUBLOT: RECNUM: 0042639 CALCACR: 0.34759659672 DOUBLE: 3 SECTION: 5 MONTH_CHAN: 05 YEAR—CHAN: 08 Theme: Subdivisions - RAVEN POINTE SHAPE: Polygon MAP: 64G BLOCK: 3 Page 1 Identify Identify Results Date: Thursday September 4, 2008 Time: 8:12:00 AM View: PLANNING ACCESS TERMINAL Theme: Parcels - 64G 2 1 7 MMAP: 64G 2 1 7 OWNERS NAME: HAWN DARIEN R C/O NAME: & BOWMAN ANITA V B MAILING ADDRESS: 108 KINROSS DR CITY, STATE: WINCHESTER VA ZIPCODE: 22602 ACREAGE: 0.29000 ZONING: RP LAND USE: 2 OCCUPANCY: 10 WATER SOURCE: 30 SEWER SOURCE: 40 TAX ASSESSMENT IMPROVEMENT VALUE: 267100 TAX ASSESSMENT LAND VALUE: 79500 TAX ASSESSMENT TOTAL VALUE: 346600 PROPERTY HOUSE NUMBER: 108 PROPERTY STREET NAME: KINROSS DR STREET TYPE: DEED BOOK NUMBER: DEED BOOK PAGE NUMBER: 0 YEAR BUILT: 2001 RECORD NUMBER: 0039227 NUMBER OF ROOMS: 9 NUMBER OF BEDROOMS: 4 NUMBER OF BATHROOMS: 2 NUMBER OF HALFBATHS: 1 NUMBER OF STORYS: 1.20 TOTAL SQ FOOTAGE: 2188.8 BASEMENT SQ FOOTAGE: 0 BASEMENT FINISHED ?: 0 MONTH SOLD: 11 DAY SOLD: 19 YEAR SOLD: 2002 SELLING PRICE: 271315 AGE: 4 DESCRIPTION 1: RAVEN WING L7S1 DESCRIPTION 2: SHAPE_LENG: 468.81385201800 SHAPE —AREA: 12716.47652920000 TAXMAP: 64 INSERT_: G LOT: 7 SUBLOT: RECNUM: 0039227 CALCACR: 0.29193013152 DOUBLE: 2 SECTION: 1 MONTH_CHAN: YEAR_CHAN: Theme: Address Points - 108 SHAPE: Point NUMBER: 108 PREFIX: Page 1 Identify Identify Results Date: Thursday September 4, 2008 Time: 8:11:43 AM View: PLANNING ACCESS TERMINAL Theme: Parcels - 64G 2 1 8 MMAP: 64G 2 1 8 OWNERS NAME: BONDURANT DONA L C/O NAME: MAILING ADDRESS: 110 KINROSS DR CITY, STATE: WINCHESTER VA ZIPCODE: 22602 ACREAGE: 0.29000 ZONING: RP LAND USE: 2 OCCUPANCY: 10 WATER SOURCE: 30 SEWER SOURCE: 40 TAX ASSESSMENT IMPROVEMENT VALUE: 257600 TAX ASSESSMENT LAND VALUE: 79500 TAX ASSESSMENT TOTAL VALUE: 337100 PROPERTY HOUSE NUMBER: 110 PROPERTY STREET NAME: KINROSS DR STREET TYPE: DEED BOOK NUMBER: DEED BOOK PAGE NUMBER: 0 YEAR BUILT: 2001 RECORD NUMBER: 0039228 NUMBER OF ROOMS: 8 NUMBER OF BEDROOMS: 4 NUMBER OF BATHROOMS: 2 NUMBER OF HALFBATHS: 1 NUMBER OF STORYS: 1.50 TOTAL SQ FOOTAGE: 2568.0 BASEMENT SQ FOOTAGE: 0 BASEMENT FINISHED ?: 0 MONTH SOLD: 7 DAY SOLD: 11 YEAR SOLD: 2003 SELLING PRICE: 308000 AGE: 4 DESCRIPTION 1: RAVENWING L8S1 DESCRIPTION 2: SHAPE_LENG: 476.80032682500 SHAPE -AREA: 13022.49334930000 TAXMAP: 64 INSERT_: G LOT: 8 SUBLOT: RECNUM: 0039228 CALCACR: 0.29895531105 DOUBLE: 2 SECTION: 1 MONTH_CHAN: YEAR_CHAN: Theme: Subdivisions - RAVEN WING SHAPE: Polygon MAP: 64G BLOCK: 2 Page 1 Identify Identify Results ---------------- ---------------- Date: Thursday September 4, 2008 Time: 8:11:19 AM View: PLANNING ACCESS TERMINAL Theme: Parcels - 64G 2 1 9 MMAP: 64G 2 1 9 OWNERS NAME: RIEMER THOMAS H C/O NAME: & JACKSON CAMMY A TRUSTEES MAILING ADDRESS: 112 KINROSS DR CITY, STATE: WINCHESTER VA ZIPCODE: 22602 ACREAGE: 0.29000 ZONING: RP LAND USE: 2 OCCUPANCY: 10 WATER SOURCE: 30 SEWER SOURCE: 40 TAX ASSESSMENT IMPROVEMENT VALUE: 480600 TAX ASSESSMENT LAND VALUE: 79500 TAX ASSESSMENT TOTAL VALUE: 560100 PROPERTY HOUSE NUMBER: 112 PROPERTY STREET NAME: KINROSS DR STREET TYPE: DEED BOOK NUMBER: 975 DEED BOOK PAGE NUMBER: 1686 YEAR BUILT: 2003 RECORD NUMBER: 0039229 NUMBER OF ROOMS: 10 NUMBER OF BEDROOMS: 5 NUMBER OF BATHROOMS: 1 NUMBER OF HALFBATHS: 1 NUMBER OF STORYS: 1.00 TOTAL SQ FOOTAGE: 3941.5 BASEMENT SQ FOOTAGE: 0 BASEMENT FINISHED ?: 0 MONTH SOLD: 9 DAY SOLD: 15 YEAR SOLD: 2000 SELLING PRICE: 54500 AGE: 2 DESCRIPTION 1: RAVENWING L9S1 DESCRIPTION 2: SHAPE_LENG: 475.20390113300 SHAPE —AREA: 12968.71986050000 TAXMAP: 64 INSERT_: G LOT: 9 SUBLOT: RECNUM: 0039229 CALCACR: 0.29772084161 DOUBLE: 2 SECTION: 1 MONTH_CHAN: YEAR—CHAN: Theme: Subdivisions - RAVEN WING SHAPE: Polygon MAP: 64G BLOCK: 2 Page 1 Identify Identify Results Date: Thursday September 4, 2008 Time: 8:10:34 AM View: PLANNING ACCESS TERMINAL Theme: Parcels - 64G 2 1 10 MMAP: 64G 2 1 10 OWNERS NAME: ARNOLD DAVID J C/O NAME: ARNOLD BARBARA E MAILING ADDRESS: 114 KINROSS DR CITY, STATE: WINCHESTER VA ZIPCODE: 22602 ACREAGE: 0.29000 ZONING: RP LAND USE: 2 OCCUPANCY: 10 WATER SOURCE: 30 SEWER SOURCE: 40 TAX ASSESSMENT IMPROVEMENT VALUE: 261600 TAX ASSESSMENT LAND VALUE: 79500 TAX ASSESSMENT TOTAL VALUE: 341100 PROPERTY HOUSE NUMBER: 114 PROPERTY STREET NAME: KINROSS DR STREET TYPE: DEED BOOK NUMBER: DEED BOOK PAGE NUMBER: 0 YEAR BUILT: 2001 RECORD NUMBER: 0039230 NUMBER OF ROOMS: 9 NUMBER OF BEDROOMS: 4 NUMBER OF BATHROOMS: 2 NUMBER OF HALFBATHS: 1 NUMBER OF STORYS: 2.00 TOTAL SQ FOOTAGE: 2545.6 BASEMENT SQ FOOTAGE: 0 BASEMENT FINISHED ?: 0 MONTH SOLD: 9 DAY SOLD: 6 YEAR SOLD: 2005 SELLING PRICE: 475000 AGE: 4 DESCRIPTION 1: RAVENWING L10S1 DESCRIPTION 2: SHAPE_LENG: 473.20233401700 SHAPE -AREA: 12898.47694890000 TAXMAP: 64 INSERT_: G LOT: 10 SUBLOT: RECNUM: 0039230 CALCACR: 0.29610828625 DOUBLE: 2 SECTION: 1 MONTH_CHAN: YEAR_CHAN: Theme: Subdivisions - RAVEN WING SHAPE: Polygon MAP: 64G BLOCK: 2 Page 1 Identify Identify Results ---------------- ---------------- Date: Thursday September 4, 2008 Time: 8:10:57 AM view: PLANNING ACCESS TERMINAL Theme: Parcels - 64G 2 1 11 MMAP: 64G 2 1 11 OWNERS NAME: ARMEL BYRON M & GLORIA Y C/O NAME: MAILING ADDRESS: 116 KINROSS DR CITY, STATE: WINCHESTER VA ZIPCODE: 22602 ACREAGE: 0.31000 ZONING: RP LAND USE: 2 OCCUPANCY: 10 WATER SOURCE: 30 SEWER SOURCE: 40 TAX ASSESSMENT IMPROVEMENT VALUE: 299400 TAX ASSESSMENT LAND VALUE: 79500 TAX ASSESSMENT TOTAL VALUE: 378900 PROPERTY HOUSE NUMBER: 116 PROPERTY STREET NAME: KINROSS DR STREET TYPE: DEED BOOK NUMBER: DEED BOOK PAGE NUMBER: 0 YEAR BUILT: 2001 RECORD NUMBER: 0039231 NUMBER OF ROOMS: 9 NUMBER OF BEDROOMS: 4 NUMBER OF BATHROOMS: 2 NUMBER OF HALFBATHS: 1 NUMBER OF STORYS: 1.80 TOTAL SQ FOOTAGE: 2849.2 BASEMENT SQ FOOTAGE: 0 BASEMENT FINISHED ?: 0 MONTH SOLD: 10 DAY SOLD: 16 YEAR SOLD: 2001 SELLING PRICE: 278628 AGE: 4 DESCRIPTION 1: RAVENWING L11S1 DESCRIPTION 2: SHAPE_LENG: 483.91182753300 SHAPE —AREA: 13856.48558420000 TAXMAP: 64 INSERT_: G LOT: 11 SUBLOT: RECNUM: 0039231 CALCACR: 0.31810113830 DOUBLE: 2 SECTION: 1 MONTH_CHAN: YEAR—CHAN: Theme: Subdivisions - RAVEN WING SHAPE: Polygon MAP: 64G BLOCK: 2 Page 1 NOTES: 1. FREDERICK COUNTY PIN: 64G-3-5-134. 2. UNLESS OTHERWISE NOTED; EASEMENTS AND MERIDIAN SHOWN HEREIN ARE AS DEPICTED ON THE FINAL SUBDIVISION PLAT FOR RAVEN POINTE, SECTION 5 RECORDED WITH THE DEED OF DEDICATION AS INST #040014266. BOUNDARY OUTLINE IS BASED ON THE BOUNDARY LINE ADJUSTMENT PLAT RECORDED WITH THE DEED OF BOUNDARY LINE ADJUSTMENT AGREEMENT, INST #080003063; ALL AMONG THE LAND RECORDS OF FREDERICK COUNTY, VIRGINIA. 3. PURSUANT TO AN EXAMINATION OF HUD FLOOD INSURANCE RATE MAP, COMMUNITY PANEL NO.510063 0115 B WITH AN EFFECTIVE DATE OF JULY 17, 1978, THIS PROPERTY LIES IN ZONE "C" (AREAS OF MINIMAL FLOODING). 4. THIS PLAT WAS PREPARED WITHOUT BENEFIT OF A TITLE REPORT. LOT 136A �o 1 LOT 11 t \ 7- o — , -0 \ \ 2 0z \ �� o I t7 CS A LOT 135A \ LOT 10 , INST #080003064 , z Ln �,\ LOT 134A �iP�A 0 2 ; INST #080003063 LOT 9 0- � ' TREE SAVE \ oOlk 0 �z00 ESMT i� "API Sb \ o\\ a G I .46 \ -yam N26*21'21 "W NO�i6 LOT 133A 83.79' \ \ INST #080003062 yn LOT 8 \ \ LOT 7 LOT 132A / \ ` \ LOT 5 1 131 \• �o EST INIIVG RAVEN �NNSE— APPROVAL: De 9C7, /OG SLOT 4�� SE,0- pA � 4266 S `� iN FREDERICK COUNTY SUBDIVISION ADMINISTRATOR PLAT SHOWING DATE /Z Arif TREE SAVE EASEMENT ��,Z,TH of RAVEN POINTE SECTION 5, LOT 134A _� G1 INSTRUMENT #080003063 SHAWNEE MAGISTERIAL DISTRICT v CORY M. HAYNES FREDERICK COUNTY, VIRGINIA No. 2539 SCALE: 1" = 60' DATE: NOV. 26, 2008 �I��1r�Q Patton Harris Rust & Associates { QQ Engineers. Surveyors. Planners. Landscape Architects. GRAPHIC SCALE l04' 117 East Piccadilly Street 0 30 60 120 � PH Winchester, Virginia 22601 ,I� T 540.667.2139 ( IN FEET) F 540.665.0493 SHEET 1 OF 1 1 inch = 60 ft. 7 PHR+A 200,9 NOTES: 1. FREDERICK COUNTY PIN: 64G-3-5-135. 2. UNLESS OTHERWISE NOTED; EASEMENTS AND MERIDIAN SHOWN HEREIN ARE AS DEPICTED ON THE FINAL SUBDIVISION PLAT FOR RAVEN POINTE, SECTION 5 RECORDED WITH THE DEED OF DEDICATION AS INST #040014266. BOUNDARY OUTLINE IS BASED ON THE BOUNDARY LINE ADJUSTMENT PLAT RECORDED WITH THE DEED OF BOUNDARY LINE ADJUSTMENT AGREEMENT, INST #080003064; ALL AMONG THE LAND RECORDS OF FREDERICK COUNTY, VIRGINIA. 3. PURSUANT TO AN EXAMINATION OF HUD FLOOD INSURANCE RATE MAP, COMMUNITY PANEL NO.510063 0115 B WITH AN EFFECTIVE DATE OF JULY 17, 1978, THIS PROPERTY LIES IN ZONE "C" (AREAS OF MINIMAL FLOODING). 4. THIS PLAT WAS PREPARED WITHOUT BENEFIT OF A TITLE REPORT. LOT 138 � I LOT 12 i � LOT 137A CO 7-0 LOT 136A LOT 11 INST #080003065 O � , • 1,N$a/ C \ Z� I 6i 0\ O e LOT 135A \ U'� `ro�� LOT 10 y�5 INST #080003064 TREE SAVE r, G - -- -W ESMT Oct �6 LOT 134A \ A 16 Act INST #080003063 LOT 9 \ CSC LOT 133A LOT 8 APPROVAL: FREDERICK COUNTY SUBDIVISION ADMINISTRATOR DATE Z2 S.�'t Sp,LTH OF rJ CORY M. HAYNES No. 2539 [I,Z6 f Oe� GRAPHIC SCALE ,zo s��4 ( IN FEET ) i inch = 60 ft. PLAT SHOWING TREE SAVE EASEMENT RAVEN POINTE SECTION 5, LOT 135A INSTRUMENT #080003064 SHAWNEE MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA SCALE: 1" = 60' DATE: NOV. 26, 2008 Patton Harris Rust & Associates Engineers. Surveyors. Planners. Landscape Architects. 117 East Piccadilly Street P HPA+F Winchester, Virginia 22601 T 540.667.2139 540.665.04930493 SHEET 1 OF 1 I•I6TIT:1 NOTES: 1. FREDERICK COUNTY PIN: 64G-3-5-135. 2. UNLESS OTHERWISE NOTED; EASEMENTS AND MERIDIAN SHOWN HEREIN ARE AS DEPICTED ON THE FINAL SUBDIVISION PLAT FOR RAVEN POINTE, SECTION 5 RECORDED WITH THE DEED OF DEDICATION AS INST #040014266. BOUNDARY OUTLINE IS BASED ON THE BOUNDARY LINE ADJUSTMENT PLAT RECORDED WITH THE DEED OF BOUNDARY LINE ADJUSTMENT AGREEMENT, INST #080003064; ALL AMONG THE LAND RECORDS OF FREDERICK COUNTY, VIRGINIA. 3. PURSUANT TO AN EXAMINATION OF HUD FLOOD INSURANCE RATE MAP, COMMUNITY PANEL NO.510063 0115 B WITH AN EFFECTIVE DATE OF JULY 17, 1978, THIS PROPERTY LIES IN ZONE "C" (AREAS OF MINIMAL FLOODING). 4. THIS PLAT WAS PREPARED WITHOUT BENEFIT OF A TITLE REPORT. I LOT 138 � LOT 12 � � LOT 137A Z N LOT 136A LOT 11 INST #080003065 cn coo rn J nm 0 2 O cP. c�� , N6i� \Oo\a -;r-- , LOT 135A LOT 10 5N 56 INST #080003064 o O' O0i �z00 /-TREE SAVE \ G OCL�� 62 LOT 134A \ �� 16 A� \ INST #080003063 �7A LOT 9 \ \ � / \�t"�\� LOT 133A LOT 8 APPROVAL: 12�L FREDERICK COUNTY SUBDIVISION ADMINISTRATOR DATE /Z /,�'e p,1,TH of Af o � v CORY M. HAYNES No. 2539 GRAPHIC SCALE a 30 60 '1zo ( IN FEET ) 1 inch = 60 ft. l I ba/og ' 4A -b SURN.�a� PLAT SHOWING TREE SAVE EASEMENT RAVEN POINTE SECTION 5, LOT 135A INSTRUMENT #080003064 SHAWNEE MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA SCALE: 1" = 60' DATE: NOV. 26, 2008 Patton Harris Rust & Associates Engineers. Surveyors. Planners. Landscape Architects. 117 East Piccadilly Street Winchester, Virginia 22601 HPAP+F T 540.667.2139 540.665.04930493 SHEET 1 OF 1 PHR+A 9008 DEED OF EASEMENT Exempt from recordation taxes under §58.1-801 pursuant to Section 58.1-811(A)(3) THIS DEED OF EASEMENT, made and dated this /- day of 2008, by and between CHRISTOPHER CORNO AND SUSAN D. CORNO, party of the first part, hereinafter called the Grantor(s), and the COUNTY OF FREDERICK, VIRGINIA, ("County"), hereinafter called the Grantee. WITNESSETH: WHEREAS, Grantor(s) is the fee simple owner of a certain tract of land identified as Lot 134A, located in the Raven Pointe subdivision, Shawnee Magisterial District, Frederick County, Virginia, said property being more particularly described on Exhibit A, attached hereto and made a part hereof, (the "Property"); WHEREAS, a 7,113 square foot portion of the Property has forestal, natural, and scenic resources; WHEREAS, the aforesaid 7,113 square foot portion of the Property contains trees and other aesthetic features and is located within The Ravens development and is between residences in the RavenWing and Raven Pointe subdivisions; WHEREAS, in furtherance of the purposes of the Open Space Land Act, Title 10.1, Chapter 17 of the Code of Virginia, 1950, as amended, in order to protect woodland and other environmental features, the Grantor(s) is willing to grant a perpetual tree save easement ("Easement") over the Property, on the terms and conditions hereinafter set forth; and WHEREAS, the County is authorized by the Open Space Land Act to accept, hold, and administer easements, and possesses the authority to accept and is willing to accept the Easement under the terms and conditions hereinafter set forth; NOW THEREFORE, for good and valuable consideration, receipt of which all parties acknowledge, and in consideration of the mutual covenants, terms, conditions, and restrictions hereinafter set forth, the Grantor(s) hereby grants and conveys to the Grantee a perpetual tree save easement ("Easement") over the 7,113 square foot portion of the Property denoted by the designation "Raven Pointe Tree Save Easement" on the plat attached hereto. The Easement area, in conjunction with easement(s) of same name on adjacent properties, such easements collectively to be known as the "Raven Pointe Tree Save Easement" is hereby subject, in perpetuity, to the following terms, conditions, and restrictions: 1. This Easement is perpetual. It is an easement in gross and runs with the land. 2. The Property shall not be divided or subdivided in any manner except for property line adjustments with other property subject to the Raven Pointe Tree Save Easement. 3. No permanent or temporary building or structure shall be erected or constructed on the portion of the Property denoted by the designation "Raven Pointe Tree Save Easement" on the plat attached hereto. 4. No grading or earth removal is permitted on the property if it will materially diminish or impair the conservation values protected by the Easement. 5. General Terms: (a) Although the Easement in gross will benefit the public in ways recited above, nothing herein shall be construed to convey a right to the public of access or use of the Property. The Grantor(s), its successors and assigns, retains the exclusive right to such access and use, subject to the terms of the Easement. (b) The Easement shall be construed to promote the purposes of the Virginia Open Space Land Act, the Virginia Conservation Easement Act, the Comprehensive Plan of Frederick County, and the conservation purposes of the Easement. (c) If any provision of the Easement is determined to be invalid by a court of competent jurisdiction, the remainder of the Easement shall not be affected thereby. (d) The terms of the Easement shall inure to the benefit of, and be binding upon, the parties hereto, their agents, successors, and assigns. (e) The Grantee, by its execution of this Deed of Easement, does hereby accept the conveyance of the Easement as set forth herein. (f) The Grantee and its representatives may enter the property from time to time, upon 30 days written notice to the Grantor(s), for the sole purpose of inspections and enforcement of the terms of the Easement. (g) The Grantor(s), its successors and assigns shall notify the Grantee in writing within 60 days following any transfer or sale of the property. WITNESS the following signatures and seals: CHRISTOPHER CORNO n By (SEAL) HOME OWNtRi (Grantor) SUSAN D. CORNO By��- �Ln� OAkD (SEAL) HOME OWNER (Grantor) STATE OF.yIB,GINIA, C4TYz--��F JIV-i-441a , TO -WIT =gdocument was acknowledged before me this day of 2008, by Christopher and Susan D. Como, Grantors. My Commission expires do NOTAR UBLIC F'N60WVRLY N. DELUNGER K) # 331878 NOTARY PUBLIC NWEALTH OF VIRGINIAISSION EXPIRES MY31. ZOl l COUNTY OF FREDERICK, VIRGINIA By (SEAL) Chairman, Board of Supervisors (Grantee) APPROVED AS TO FORM: County Attorney STATE OF VIRGINIA, At -Large CITY/COUNTY OF \n��rchcSdcr , TO -WIT The foregoing document,,fas acknowledged before me this q day of 200 , by "_k',c�aM ('_�jl; clde , who is the Chairman, Board of Nupervisors, County of Frederick, Virginia, Grantee. My Commission expires 0 -30 - -ao do ARY PUBLIC 610= '04 AON sq OPWA002 C. n t in JAY E. TINS n"'1611A ' —011weem of vleio 70114" Mr GOIIIfl11AlOf► E�pNM N011 O>, iO1� NOTES: 1. FREDERICK COUNTY PIN: 64G-3-5-134. 2. UNLESS OTHERWISE NOTED; EASEMENTS AND MERIDIAN SHOWN HEREIN ARE AS DEPICTED ON THE FINAL SUBDIVISION PLAT FOR RAVEN POINTE, SECTION 5 RECORDED WITH THE DEED OF DEDICATION AS INST #040014266. BOUNDARY OUTLINE IS BASED ON THE BOUNDARY LINE ADJUSTMENT PLAT RECORDED WITH THE DEED OF BOUNDARY LINE ADJUSTMENT AGREEMENT, INST #080003063; ALL AMONG THE LAND RECORDS OF FREDERICK COUNTY, VIRGINIA. 3. PURSUANT TO AN EXAMINATION OF HUD FLOOD INSURANCE RATE MAP, COMMUNITY PANEL NO.510063 0115 B WITH AN EFFECTIVE DATE OF JULY 17, 1978, THIS PROPERTY LIES IN ZONE "C" (AREAS OF MINIMAL FLOODING). 4. THIS PLAT WAS PREPARED WITHOUT BENEFIT OF A TITLE REPORT. LOT 1 i LOT 136A co I \ � \ �� \ A co yo -A ;�-' \ \ / Z ' LOT 135A \ LOT 10 , INST #080003064 E, ox 7 \ 2 < LOT 134A UA INST #080003063 \ �� LOT 9 O TREE SAVE 0� O f ESMT 2. \ o\\ a G �A N26'21'21"W �O�i6 LOT 133A 83.79' i \ \ INST #080003062 y LOT 8 \ 2 / \ \ LOT 7 LOT 132A / \ 1 ! \ Rq VEN s �0T p p1N�E \ � SEC WIN AMEN — APPROVAL: D8 9,1r�OG 1G SLOT 4\� R SE�o�p41g266 45 `� / \ FREDERICK COUNTY SUBDIVISION ADMINISTRATOR DATE rUCORY TH pM. HAYNES �. 2539 a G0 60 RAPHIC SCALE 120 lq�04 ( IN FEET ) 1 inch = 60 ft. PLAT SHOWING TREE SAVE EASEMENT RAVEN POINTE SECTION 5, LOT 134A INSTRUMENT #080003063 SHAWNEE MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA SCALE: 1" = 60' DATE: NOV. 26, 2008 Patton Harris Rust & Associates Engineers. Surveyors. Planners. Landscape Architects. P117 East Piccadilly Street HFA+F Winchester, Virginia 22601 T 540.667.2139 540.665.04930493 SHEET 1 OF 1 D PHR+A 9MR CURVE TABLE CURVE RADIUS DELTA LENGTH TANGENT BEARING CHORD C1 35.00' 47-36'41" 29.08' 15.44' S19-50'22"E 28.25' *C2 54.00' 36-22'05" 34.28' 17.74' S14-13'04"E 33.70' *AS NOW COMPUTED AREA TABULATION 64G-3-5-164A 30.593 SF 0.7023 AC PORTION OF l ( I 64G-3-5-164A -5,007 SF-0,1149 AC LOT 12 I 1 t (NEW) PARCEL 164E 25,586 SF 0.5874 AC ' LOT 137 ' 64G-3-5-132 14,813 SF 0.3401 AC N2 29.77 "W 644G-03N5 164A +5.007 SF +0.1149 AC 29.7T ` I ' / ,1 (NEW) LOT 132A 19,820 SF 0.4550 AC \ i LOT 136 \� \�VIV LOT 11 y 1 o0 t LOT 135 \ , LOT 01 LP LOT 134 \ LOT 9 '0 f N , D O� f— Lr c� z 0, 2 / ` 2 ` G ------ (NEW) PARCEL 164B 1p—�- LOT 133 ,(OPEN SPACE) "- t "I;: �, 25,586 SF/ h �S ' s c;+ LOT s 0.5874 AG \\��k �4 2 \ N� N� PROPERTY LINE HEREBY CREATED n N19'o4'S6"W\` (NEW) LOT 132A 36.96' 19,820 SF/0.4550 AC 9.3 ` �\ c7 LOT 7 ..- ROPERTY LINE tv 14,33 , HEREBY VACATED S84 5 , \ ` 124 42 �� LOT 5 W W SEMEN WI/VG557.�5 VEN ,�C) tE _ _ — P 5 Dg 9;11, V 1 'LOT 4`� RPSECTk . 4266 PG 45 / \ 1NSTn0�`p01 BOUNDARY LINE ADJUSTMENT �as,TH of LOT 132 & OPEN SPACE PARCEL 164A o� Grp, RAVEN POINTE SECTION 5 U ♦ INSTRUMENT# 040014266 GORY M. HAYIdES 9� SHAWNEE MAGISTERIAL DISTRICT No. 2539 • FREDERICK COUNTY, VIRGINIA SCALE: 1' = 50' DATE: APRIL 27, 2005 Patton Harris Rust & Associates,pc SLIR Engineers. Surveyors. Planners. Landscape Architects. a GRAPHIC SCAL 0 E tZD 11T East Piccadilly Street, Suite 200 + Winchester. Virginia 22601 ( IN FEET ) T 540.667.2139 1 inch = 60 ft. F 540.665.0493 SHEET 2 OF 2 n 6 NOTES: 1. FREDERICK COUNTY PIN: 64G-3-5-135. 2. UNLESS OTHERWISE NOTED; EASEMENTS AND MERIDIAN SHOWN HEREIN ARE AS DEPICTED ON THE FINAL SUBDIVISION PLAT FOR RAVEN POINTE, SECTION 5 RECORDED WITH THE DEED OF DEDICATION AS INST #040014266. BOUNDARY OUTLINE IS BASED ON THE BOUNDARY LINE ADJUSTMENT PLAT RECORDED WITH THE DEED OF BOUNDARY LINE ADJUSTMENT AGREEMENT, INST #080003064; ALL AMONG THE LAND RECORDS OF FREDERICK COUNTY, VIRGINIA. 3. PURSUANT TO AN EXAMINATION OF HUD FLOOD INSURANCE RATE MAP, COMMUNITY PANEL NO.510063 0115 B WITH AN EFFECTIVE DATE OF JULY 17, 1978, THIS PROPERTY LIES IN ZONE "C" (AREAS OF MINIMAL FLOODING). 4. THIS PLAT WAS PREPARED WITHOUT BENEFIT OF A TITLE REPORT. _ L LOT 138 I LOT 12 i + LOT 137A + 7-0 CO 0 1q LOT 11 LOT 136A INST #080003065 A \ O W �zZ i N6i �O�\aY LOT 10 56 LOT 135A \ �� t3`O�Z 5N. INST #080003064 0 6!q�6f \� moo n NTREEa. 1 \ �Z O rn SAVE r, G -COL N ESMT Oo tQ� S�`6•Z LOT 134A \ \� ,16 46; \ INST #080003063 �-A LOT 9 \ \ y� / \ �c� i \ A y A LOT 133A LOT 8 APPROVAL: FREDERICK COUNTY SUBDIVISION ADMINISTRATOR DATE �p,LTH OF v CORY M. HAYNES No. 2539 t11mh* GRAPHIC SCALE 120 le`�� ( IN FEET ) 1 inch = 60 ft. PLAT SHOWING TREE SAVE EASEMENT RAVEN POINTE SECTION 5, LOT 135A INSTRUMENT #080003064 SHAWNEE MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA SCALE: 1" = 60' DATE: NOV. 26, 2008 Patton Harris Rust & Associates Engineers. Surveyors. Planners. Landscape Architects. 117 East Piccadilly Street PHPA+F Winchester, Virginia 22601 T 540.667.2139 540.665.04930493 SHEET 1 OF 1 ©' PHR+A 9008 NOTES: 1. FREDERICK COUNTY PIN: 64G-3-5-135. 2. UNLESS OTHERWISE NOTED; EASEMENTS AND MERIDIAN SHOWN HEREIN ARE AS DEPICTED ON THE FINAL SUBDIVISION PLAT FOR RAVEN POINTE, SECTION 5 RECORDED WITH THE DEED OF DEDICATION AS INST #040014266. BOUNDARY OUTLINE IS BASED ON THE BOUNDARY LINE ADJUSTMENT PLAT RECORDED WITH THE DEED OF BOUNDARY LINE ADJUSTMENT AGREEMENT, INST #080003064; ALL AMONG THE LAND RECORDS OF FREDERICK COUNTY, VIRGINIA. 3. PURSUANT TO AN EXAMINATION OF HUD FLOOD INSURANCE RATE MAP, COMMUNITY PANEL NO.510063 0115 B WITH AN EFFECTIVE DATE OF JULY 17, 1978, THIS PROPERTY LIES IN ZONE "C" (AREAS OF MINIMAL FLOODING). 4. THIS PLAT WAS PREPARED WITHOUT BENEFIT OF A TITLE REPORT. LOT 138 ' I � I LOT 12 � � LOT 137A rn� - Yr 7-0 LOT 136A LOT 11 INST #080003065 nm Z I N \ O. t3' _ 1 LOT 135A LOT 10 y�5 INST #08000306413 0 �� m /-TREE SAVE G� - ESMT A N $ 6, � OJor �� 5�`6•Z LOT 134A \ 7-A \ INST #080003063 �� \ LOT 9 \ \ LOT 133A LOT 8 APPROVAL: FREDERICK COUNTY SUBDIVISION ADMINISTRATOR DATE �� T H off' I'l v CORY M. HAYNES No. 2539 GRAPHIC SCALE ,zo ( IN FEET ) 1 inch = 60 ft. PLAT SHOWING TREE SAVE EASEMENT RAVEN POINTE SECTION 5, LOT 135A INSTRUMENT #080003064 SHAWNEE MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA SCALE: 1" = 60' DATE: NOV. 26, 2008 Patton Harris Rust & Associates Engineers. Surveyors. Planners. Landscape Architects. 117 East Piccadilly Street PHP+F Winchester, Virginia 22601 T 540.667.2139 540.665.04930493 SHEET 1 Of 1 In !YM15Ti I r k • In 2002 the developer of Raven Pointe approached the County to request a design modification to the Master Development Plan (MDP) which would have relocated open space planned for directly east of existing lots in RavenWing, and replace the open space with residential lots. Placement of these lots could have resulted in the placement of new homes within 25 feet of the rear property line of the existing RavenWing lots. The County determined that the MDP revision, as requested, was inappropriate based on the realization that the residents along Kinross Drive (RavenWing lots) purchased their lots with the expectation that houses would not be placed directly behind them, and that the open space would create a greater setback between homes. The MDP was not revised. • On June 27, 2003, the Raven Pointe development proceeded through the next phase in the development review process — Subdivision Design Plan - and gained approval. The approved Subdivision Design Plan did include the open space, reaffirming the approved MDP. • On July 21, 2004, the record plats to implement the Subdivision Design Plan were approved and recorded. These plats created the open space as well as the individual lots fronting on Killaney Court within the Raven Pointe development. • In 2007, when the Raven Pointe developer was preparing to transfer ownership of the open space to the Raven Pointe Homeowners Association, he realized that the open space was actually land -locked, void of a required access to the public road. Unfortunately, the ownership of the lots fronting along Killaney Court had already been transferred to other parties (home builders), homes constructed, and then the new home/lot ownership was transferred to the homeowners. This multiple layer of property transfer challenged the ability to establish the necessary access from the open space to the public road. • The Raven Pointe developer approached the County with this access dilemma. After recognizing that the adjacent lots now contained residences, and establishing the required access was not possible, it was ascertained that the open space be abandoned at this location and re -locate the open space elsewhere within the overall Raven Pointe development — the developer would need to accommodate this 30,593 square feet of open space elsewhere in the development. o Recognizing that often the intent of the inactive open space is to separate residences and that the residences surrounding this open space had been constructed with structural setbacks well in excess of 150 feet (compared to the standard 50 feet separations), the County determined that the relocation of the open space would be an appropriate remedy to the lack of access issue. o On Final plats dated April 2006, (approved March 2008) the open space was Boundary Line Adjusted into the adjacent Raven Pointe lots. It was k determined that since the open space was the result of the creation of the Raven Pointe development, the land area would be BLA'd into the adjacent six (6) Raven Pointe lots. Process Issues • MDP identified the parcel as open space. Therefore, administrative approval of BLA plats to eliminate the open space was inappropriate. • BLA plats did not have property owner signatures. While it's recognized that the property owners did sign a BLA deed 6 months earlier (acknowledging approval for the BLA), these signatures were not affixed to the Plats. This violates the County's Subdivision Ordinance ( 144-13.A) Potential resolution • Have developer revise the MDP to accommodate/locate the open space acreage lost through the BLA; or • Void the BLA plats as approval of same was in violation of the MDP as well as the Subdivision Ordinance. .Y COUNTY of FREDERICK Roderick B. i'Villiams County Attorney 540/722-8383 Fax 540/667-0370 April 16, 2009 E-mail: rwillia@co.frederick.va.us VIA FACSIMILE and FIRST-CLASS MAIL David H. Mayes, Esq. Jack C. Hanssen, Esq. Mayes & Levay, P.L.L.C. 21 North King Street Leesburg VA 20176 Re: Raven Pointe Subdivision Dear Messrs. Moyes and Hanssen: This is in response to your letter of April 1, 2009. In your letter, you object, on behalf of an undisclosed group of Ravenwing Subdivision homeowners, to the County''s approval of certain boundary line adjustments involving open space in the Raven Pointe Subdivision. At the outset, I note that your clients are without standing to make a claim that the boundary line adjustments are void ab initio. In this regard, I note that the County is unaware of any document, recorded among the land records, in which Ravenwing Homeowners Association, Inc. or any individual Ravenwing Subdivision lot owner or any of their respective predecessors in interest was or is vested with any legally cognizable interest in any common areas/open space contained within the Raven Pointe Subdivision. In fact, to the contrary, the Raven Pointe Subdivision documents to which you refer expressly limit any benefit of that subdivision's common areas/open space to Raven Pointe Subdivision owners. Next, in response to the quotation you offer, in which you indicate that the County stated that the developer's previous request, in a revised master development plan, to remove open space from Raven Pointe "was inappropriate based on the realization that" Kinross Drive residents expected open space and a greater setback behind them, I note that the comment was made before the subdivision of Raven Pointe. In fact, the comment represented little more than a possible factual observation, based on what was known at the time, rather than a legally mandated outcome. The fact that the subject open space was landlocked (there being no means of access to it from any public right-of-way) ultimately meant that, absent the County allowing some form of modification, the area would have, among other things, apparently gone unmaintained. 107 North Kent Street • Winchester, Virginia 22601 David H. Moyes, Esq. lack C. Hanssen, Esq. April 16, 2009 Page 2 In any event, again, to the extent that the boundary line adjustments affect the Raven Pointe Subdivision, that is a matter for members of that community to address. All that I will. add further here is to note that the change that took place through the boundary line adjustments simply will not, as a matter of fact, have the claimed detrimental effect on the Kinross Drive residents as to open space and a greater setback behind them. In that regard, the owners of two of the six Raven Pointe Subdivision lots, who were parties to the boundary line adjustments, have executed easements prohibiting any construction or the removal of living trees in the respective portions of their lots drawn from the subject open space. These easements represent a total of 12,234 square feet, or almost 40% o of the area at issue. Furthermore, the remainder of the subject open space likely is not practically usable for any purpose other than yard use. This is due in significant part to the existence of a storm drainage easement across the area, combined with the effect that side and rear setback requirements would have on the ability to place structures within the area. Even assuming some means could have been worked out to create access to the area, and the Raven Pointe Homeowners Association had then taken possession of it, the HOA could have made any use it sought of it that was consistent with it being open space. This could have included the removal of all of the trees there, all to the absolute exclusion of, and potential detriment to, interest holders in the Ravenwing Subdivision. The arrangement that actually resulted from the boundary line adjustments is consistent with the original intent of the area being open space. In the case of 40% of the area, the trees are subject to preservation, unlike before. In summary, your clients do not have a basis on which to object to the boundary line adjustments at issue. Should your clients elect to pursue further action regarding this matter, the County intends to defend vigorously against any such action. Sincerely, 4� , //Z� Roderick B. Williams County Attorney cc: Gene E. Fisher, Supervisor, Shawnee Magisterial District John R. Riley, Jr., Frederick County Administrator ✓ Eric R. Lawrence, AICP, Director, Department of Planning & Development Henry K. and Karin A. Peyton Dana L. Doyle Lon T. and Valerie H. Kramer Christopher and Susan D. Como Hazel M. Boyd Carl L. Stubbert Leslie Kibbe, President, Raven Pointe HOA Moyes & Levay, P.LLC Attorneys at Law 21 North King Street Leesburg, Virginia 20176 David H. Moyes Alexander N. Levay, P.L.L.C. Michael D. Sawyer Jack C. Hanssen April 1, 2009 Roderick B. Williams, Esq. Frederick County Attorney 107 North Kent Street, 3rd Floor Winchester VA 22601 rwillia@co.frederick.va.us APR 2 Z009 l._ 7031777-6800 Fax 7031777-8429 moyeslevay r@ aol.com Re: Raven Pointe Boundary Line_ Adjustments between Glaize Developments and Homeowners on Killaney Court, recorded as instrument numbers 080003061 through 080003066 among the land records of Frederick County, Virginia. Dear Mr. Williams: We have been retained by a group of Ravenwing homeowners to assert their interest in common space which had been platted common space in "The Ravens" Master Development Plan (MDP). The developer recently conveyed this common area to individual homeowners within Raven Pointe through the above -referenced, County approved, boundary line adjustments. These BLA's are void ab initio because they were done without the consent of the adjoining Ravenwing homeowners and the Raven Pointe Homeowner's Association. The County was well aware of the Ravenwing homeowners' interest in this common area. The developer had previously requested removal of the dedicated common area through a revised Master Development Plan. The County noted to the developer that the revised MDP "was inappropriate based on the realization that the residents along Kinross Drive purchased their lots with the expectation that houses wouldnot be placed directly behind them, and that the open space would create a greater setback between homes." This "realization" was the product of several public meetings in which the owners demanded preservation of the advertised common areas contained in the original MDP. Accordingly, the developer abandoned its efforts to revise the MDP, and proceeded to dedicate the area between Killaney Court and. Kinross Drive as common area open space. The Raven Pointe subdivision documents subject this common area to an easement for common use and enjoyment and require that it be conveyed to the Raven Pointe Homeowners Association. Without regard to the original MDP, the recorded deeds, or covenants, the County proceeded to approve the above -referenced BLA's transfer of the property to individual lot owners without the consent of Kinross Drive homeowners (let alone the Raven Pointe Homeowners Association). The justification given by Mr. Lawrence for this approval was that the County had determined the Kinross Drive homes to have sufficient setbacks without the common area because they "had been constructed with structural setbacks well in excess of 150 feet." The County's determination in this regard was an officious usurpation of the Kinross Drive homeowners' property rights (along with the Raven Pointe Homeowners Association's). As the owners of a property interest in the common area, these owners were the only ones with the right to determine the sufficiency of their setbacks and buffers. The County should have required their consent to the BLA's. The County's failure to require such consent renders the conveyance of the common area void. We hope you will assist us in reversing the damage caused by the developer's attempt to circumvent the approved MDP, recorded subdivision plats, covenants and easements. We are copying this letter to the Killaney Court homeowners who received this land in hopes that a negotiated resolution will be possible either in the form of a declaration voiding the transaction or some other appropriate remedy. Please contact us to discuss what actions can be taken at this time. Hopefully litigation will not.be necessary and the parties will be able to work together to achieve a mutually . agreeable outcome. 0V y y Yours, avid H. Moyes ,Tack C. Hansen Cc: Eric R. Lawrence AICP Director, Dept. of Planning and Development Gene E. Fisher Supervisor, Shawnee Magisterial District Cc Clients Cc Killaney Corot Hon:eoivners: Henry K Peyton, Jr. and Karin A. Peyton Dana L. Doyle Lon T. and Valerie H. Kramer Christopher and Susan D. Como Hazel Marie Boyd Carl L. Stubbert Leslie Kibbe, President, Raven Pointe HOA 1" COUNTY of FREDERICK Department of Planning and Development 5401665-5651 FAX: 540/ 665-6395 September 22, 2010 Glaize Development Attn: Mr. J. P. Carr 112 E. Piccadilly Street Winchester VA 22601 RE: Raven Pointe — Inverlee Way Dear Mr. Carr: This letter is in reference to your correspondence dated September 17, 2010, in regards to the meeting with the Planning Department on September 17, 2010. During this meeting we discussed a resolution to the road efficiency buffer and drainage issues in the rear of the properties along Summerfield Drive. It was agreed that the planting of trees, as noted in your correspondence, will meet the 50 foot road efficiency buffer requirement. Public Works and I will inspect the properties along Summerfield Drive for any drainage issues or E&S issues on September 23, 2010. I will contact you if there are any issues with this plan, and will adjust any bond amounts. Please note that the total bond amount will not be released until the open space is turned over to the HOA. Contact me at (540) 665-5651 with any questions you may have. Sincerely, `Mark R. Cheran Zoning Administrator MRC/bad 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 4 GLAIZE DEVELOPMENTS, INC. P.O. BOX 888 WINCHESTER, VIRGINIA 22-604,0888 PHONE: 540-662.2092 FAx: 540-662.8016 September 17, 2010 Mr. Eric Lawrence Mr. Mark Cheran Frederick County Planning and Zoning 107 North Kent Street Winchester, VA 22601 Dear Eric, Mark: Thank you for taking the time to meet with Clyde Vaughn of the Raven HOA this morning. Mr. Vaughn had a specific complaint that could not be resolved without the blessing of the Planning and Zoning. As discussed, the mutually -agreed resolution to the buffer and drainage issue is to install a row of trees in the 50' road efficiency buffer. Glaize Developments will contract to install three trees for every two lots on the 11 lots that border the future Inverlee segment. A total of 16 Red Maple or Zelcova trees in 2" or greater diameter will be installed this fall. Once installed, this will relieve Glaize Developments of $15,000 of the total $30,000 bond (No. 9531259766). The bond should be reduced after installation and inspection. It is further agreed that the Public Works Department will inspect the drainage issue and provide a mitigation plan, if necessary. If no further mitigation is required, Glaize Developments will request the remaining $15,000 be released. If there are objections to this course of action, please notify Glaize Developments prior to October 1, 2010. After that time, we will complete the tree installation action as described above with the understanding that this is compliance with all zoning and planning requirements. Sincerely, qJ Carr 1 a cc: Fred L. Glaize, III i L 0 c:.; :J • L COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 665-6395 August 25, 2008 Mr. Thomas H. Riemer 112 Kinross Drive Winchester, Virginia 22602 RE: Raven Pointe Boundary Line Adjustment Dear Mr. Riemer: I am in receipt of your letter dated August 14, 2008, in which you express concern regarding various events that led to the elimination of open space adjacent to your property at 112 Kinross Drive. In an effort to address the issues raised in your letter, I have met with staff from the Planning Department and County Attorney's Office to ascertain available actions that could be taken towards remedying this open space issue. After reviewing the actions which led to the Boundary Line Adjustment plat approval, the County Attorney has opined that revocation of the Subdivision Administrator's approval action is not possible. Provisions within the Code of Virginia do not exist where the County could withdraw this approval. In your letter you posed a number of questions; I will attempt to address those questions. 1) What are the individual events that occurred leading to the boundary line adjustments? Who specifically requested the survey in 2006, and who specifically requested the boundary line adjustment transactions? Were any of these requests made on behalf of others? 2) What is the county going to do to rectify the situation, replace the legally - required common space and/or compensate the affected homeowners on Kinross Drive whose property has subsequently been devalued by these transactions? Pursuant to a public hearing on a request to revise the approved Ravens Master Development Plan, you assured me in writing on April 23, 2002 that the open space adjacent to Raven Wing would not be eliminated. It is unfortunate that your staff (specifically Mr. Cheran) was unaware of this when he approved the boundary line adjustments. Finally, it appears by what has taken place that Frederick County is not adhering to its own approved plans. 107 North Kent Street, Suite 202 - Winchester, Virginia 22601-5000 Mr. Thomas H. Riemer Re: Raven Pointe Boundary Line Adjustment August 25, 2008 Page 2 As you noted, in 2002 the developer of Raven Pointe approached the County to request a design modification to the Master Development Plan (MDP) which would have relocated open space planned for directly east of your lot, and replaced the open space with residential lots. Placement of these lots could have resulted in the placement of new homes within 25 feet of your rear property line. The County determined that the MDP revision, as requested, was inappropriate based on the realization that the residents along Kinross Drive purchased their lots with the expectation that houses would not be placed directly behind them, and that the open space would create a greater setback between homes. On June 27, 2003, the Raven Pointe development proceeded through the next phase in the development review process — Subdivision Design Plan - and gained approval. The approved Subdivision Design Plan did include the open space, reaffirming the approved MDP. On July 21, 2004, the record plats to implement the Subdivision Design Plan were approved and recorded. These plats created the open space as well as the individual lots fronting on Killaney Court within the Raven Pointe development. In 2007, when the Raven Pointe developer was preparing to transfer ownership of the open space to the Raven Pointe Homeowners Association, he realized that the open space was actually land -locked, void of a required access to the public road. Unfortunately, the ownership of the lots fronting along Killaney Court had already been transferred to other parties (home builder), homes constructed, and then the new home/lot ownership was transferred to the homeowner. This multiple layer of property transfer challenged the ability to establish the necessary access from the open space to the public road. The Raven Pointe developer approached the County with this access dilemma. After recognizing that the adjacent lots now contained residences, and establishing the required access was not possible, it was ascertained that the open space be abandoned at this location and re -locate the open space elsewhere within the overall Raven Pointe development — the developer would need to accommodate this 30,593 square feet of open space. Mr. Thomas H. Riemer Re: Raven Pointe Boundary Line Adjustment August 25, 2008 Page 3 Recognizing that often the intent of the inactive open space is to separate residences and that the residences surrounding this open space had been constructed with structural setbacks well in excess of 150 feet (compared to the standard 50 feet separations), the County determined that the relocation of the open space would be an appropri to remedy to the lack of access issue. Since ly, r I Eric R. Lawrence, AICP Director of Planning and Development ERL/bad k Roderick B. Williams County Attorney 540/722-8383 Fax 540/667-0370 April 16, 2009 E-mail: r,A,illia@co.frederick.va.us VIA FACSIMILE and FIRST-CLASS MAIL David H. Moyes, Esq. Jack C. Hanssen, Esq. Moyes & Levay, P.L.L.C. 21 North King Street Leesburg VA 20176 Re: Raven Pointe Subdivision Dear Messrs. Moyes and Hanssen: This is in response to your letter of April 1, 2009. In your letter, you object, on behalf of an undisclosed group of Ravenwing Subdivision homeowners, to the County's approval of certain boundary line adjustments involving open space in the Raven Pointe Subdivision. At the outset, I note that your clients are without standing to make a claim that the boundary line adjustments are void ab initio. In this regard, I note that the County is unaware of any document, recorded among the land records, in which Ravenwing Homeowners Association, Inc. or any individual Ravenwing Subdivision lot owner or any of their respective predecessors in interest was or is vested with any legally cognizable interest in any common areas/open space contained within the Raven Pointe Subdivision. In fact, to the contrary, the Raven Pointe Subdivision documents to which you refer expressly limit any benefit of that subdivision's common areas/open space to Raven Pointe Subdivision owners. Next, in response to the quotation you offer, in which you indicate that the County stated that the developer's previous request, in a revised master development plan, to remove open space from Raven Pointe "was inappropriate based on the realization that" Kinross Drive residents expected open space and a greater setback behind them, I note that the comment was made before the subdivision of Raven Pointe. In fact, the comment represented little more than a possible factual observation, based on what was known at the time, rather than a legally mandated outcome. The fact that the subject open space was landlocked (there being no means of access to it from any public right-of-way) ultimately meant that, absent the County allowing some form of modification, the area would have, among other things, apparently gone unmaintained. 107 North Kent Street. • Winchester, Virginia 22601 David H. Moyes, Esq. Jack C. Hansen, Esq. April 16, 2009 Page 2 In any event, again, to the extent that the boundary line adjustments affect the Raven Pointe Subdivision, that is a matter for members of that community to address. All that I will. add further here is to note that the change that took place through the boundary line adjustments simply will not, as a matter of fact, have the claimed detrimental effect on the Kinross Drive residents as to open space and a greater setback behind them. In that regard, the owners of two of the six Raven Pointe Subdivision lots, who were parties to the boundary line adjustments, have executed easements prohibiting any construction or the removal of living trees in the respective portions of their lots drawn from the subject open space. These easements represent a total of 12,234 square feet, or almost 40% of the area at issue, Furthermore, the remainder of the subject open space likely is not practically usable for any purpose other than yard use. This is due in significant part to the existence of a storm drainage easement across the area, combined with the effect that side and rear setback requirements would have on the ability to place structures within the area. Even assuming some means could have been worked out to create access to the area, and the Raven Pointe Homeowners Association had then taken possession of it, the HOA could have made any use it sought of it that was consistent with it being open space. This could have included the removal of all of the trees there, all to the absolute exclusion of, and potential detriment to, interest holders in the Ravenwing Subdivision. The arrangement that actually resulted from the boundary line adjustments is consistent with the original intent of the area being open space. In the case of 40% of the area, the trees are subject to preservation, unlike before. In summary, your clients do not have a basis on which to object to the boundary line adjustments at issue. Should your clients elect to pursue further action regarding this matter, the County intends to defend vigorously against any such action. Sincerely, //Z� v Roderick B. Williams County Attorney cc: Gene E. Fisher, Supervisor, Shawnee Magisterial District John R. Riley, Jr., Frederick County Administrator Eric R. Lawrence, AICP, Director, Department of Planning & Development Henry K. and Karin A. Peyton Dana L. Doyle Lon T. and Valerie H. Kramer Christopher and Susan D. Como Hazel M. Boyd Carl L. Stubbert Leslie Kibbe, President, Raven Pointe HOA Moyes & Levay, pa. Attorneys at Law 21 North Ding Street Leesburg, Virginia 20176 David H. Moyes Alexander N. Levay, P.L.L.C. Michael D. Sawyer Jack C. Hanssen April 1, 2009 Roderick. B. Williams, Esq. Frederick County Attorney 107 North Kent Street, 3rd Floor Winchester VA 22601 rwillia@co.frederick.va.us APR 2. 2009 703/777-6800 Fax 7031777-8429 moyeslevay a aol.com Re: Raven Pointe Boundary Line Adjustments between Glaize Developments and Homeowners on Killaney Court, recorded as instrument numbers 080003061 through 080003066 among the land records of Frederick County, Virginia. Dear Mr. Williams: We have been retained by a group of Ravenwing homeowners to assert their interest in common space which had been platted common space in "The Ravens" Master Development Plan (MDP). The developer recently conveyed this .common area to individual homeowners within Raven Pointe through the above -referenced, County approved, boundary line adjustments. These BLA's are void ab initio because they were done without the consent of the adjoining Ravenwing homeowners and the Raven Pointe Homeowner's Association. The County was well aware of the Ravenwing homeowners' interest in this common area. The developer had previously requested removal of the dedicated conunon area through a revised Master Development Plan, The County noted to the developer that the revised MDP "was inappropriate based on the realization that the residents along Kinross Drive purchased their lots with the expectation that houses would not be placed directly behind them., and that the open space would create a greater setback between homes." This "realization" was the product of several public meetings in which the owners demanded preservation of the advertised common areas contained in the original MDP. Accordingly, the developer abandoned its efforts to revise the MDP, and proceeded to dedicate the area between Killaney Court and Kinross Drive as common area open space. The Raven Pointe subdivision documents subject this corm -non area to an easement for common use and enjoyment and require that it be conveyed to the Raven Pointe Homeowners Association. Without regard to the original MDP, the recorded deeds, or covenants, the County proceeded to approve the above -referenced BLA's transfer of the property to individual lot owners without the consent of Kinross Drive homeowners (let alone the Raven Pointe Homeowners Association). The justification given by Mr. Lawrence for this approval was that the County had determined the Kinross Drive homes to have sufficient setbacks without the common area because they "had been constructed with structural setbacks well in excess of 150 feet." The County's determination in this regard was an officious usurpation of the Kinross Drive homeowners' property rights (along with the Raven Pointe Homeowners Association's). As the owners of a property interest in the common area, these owners were the only ones with the right to determine the sufficiency of their setbacks and buffers. The County should have required their consent to the BLA's. The County's failure to require such consent renders the conveyance of the common area void. We hope you will assist us in reversing the damage caused by the developer's attempt to circumvent the approved MDP, recorded subdivision plats, covenants and easements. We are copying this letter to the Killaney Court homeowners who received this land in hopes that a negotiated resolution will be possible either in the form of a declaration voiding the transaction or some other appropriate remedy. Please contact us to discuss what actions can be taken at this time. Hopefiilly litigation will not -be necessary and the parties will be able to work together to achieve a mutually _ agreeable outcome. PH y Yours, . Moyes Jack C. Hansen Cc: Eric R. Lawrence AICP Director, Dept. of Planning and Development Gene E. Fisher Supervisor, Shawnee Magisterial District Cc Clients Cc Killaney Court Homeowners: Henry K Peyton, Jr. and Karin A. Peyton Dana L. Doyle Lon T. and Valerie H. Kramer Christopher and Susan D. Como Hazel Marie Boyd Carl L. Stubbert Leslie Kibbe, President, Raven Pointe HOA August 25, 2008 Mr. Thomas H. Riemer 112 Kinross Drive Winchester, Virginia 22602 RE: Raven Pointe Boundary Line Adjustment Dear Mr. Riemer: am in receipt of your letter regarding various events that property at 112 Kinross Drive. have met with staff from the ascertain available actions th issue. COUNTY of FR EDERICK Department of Planning and Development 5401665-5651 FAX: 540/665-6395 dated August 14, 2008, in which you express concern led to the elimination of open space adjacent to your In an effort to address the issues raised in your letter, I Planning Department and County Attorney's Office to at could be taken towards remedying this open space After reviewing the actions which led to the Boundary Line Adjustment plat approval, the County Attorney has opined that revocation of the Subdivision Administrator's approval action is not possible. Provisions within the Code of Virginia do not exist where the County could withdraw this approval In your letter you posed a number of questions; I will attempt to address those questions. 1) What are the individual events that occurred leading to the boundary line adjustments? Who specifically requested the survey in 2006, and who specifically requested the boundary line adjustment transactions? Were any of these requests made on behalf of others? 2) What is the county going to do to rectify the situation, replace the legally - required common space and/or compensate the affected homeowners on Kinross Drive whose property has subsequently been devalued by these transactions? Pursuant to a public hearing on a request to revise the approved Ravens Master Development Plan, you assured me in writing on April 23, 2002 that the open space adjacent to Raven Wing would not be eliminated. It is unfortunate that your staff (specifically Mr. Cheran) was unaware of this when he approved the boundary line adjustments. Finally, it appears by what has taken place that Frederick County is not adhering to its own approved plans. 1..07 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 Mr. Thomas H. Riemer Re: Raven Pointe Boundary Line Adjustment August 25, 2008 Page 2 As you noted, in 2002 the developer of Raven Pointe approached the County to request a design modification to the Master Development Plan (MDP) which would have relocated open space planned for directly east of your lot, and replaced the open space with residential lots. Placement of these lots could have resulted in the placement of new homes within 25 feet of your rear property line. The County determined that the MDP revision, as requested, was inappropriate based on the realization that the residents along Kinross Drive purchased their lots with the expectation that houses would not be placed directly behind them, and that the open space would create a greater setback between homes. On June 27, 2003, the Raven Pointe development proceeded through the next phase in the development review process — Subdivision Design Plan - and gained approval. The approved Subdivision Design Plan did include the open space, reaffirming the approved MDP. On July 21, 2004, the record plats to implement the Subdivision Design Plan were approved and recorded. These plats created the open space as well as the individual lots fronting on Killaney Court within the Raven Pointe development In 2007, when the Raven Pointe developer was preparing to transfer ownership of the open space to the Raven Pointe Homeowners Association, he realized that the open space was actually land -locked, void of a required access to the public road. Unfortunately, the ownership of the lots fronting along Killaney Court had already been transferred to other parties (home builder), homes constructed, and then the new home/lot ownership was transferred to the homeowner. This multiple layer of property transfer challenged the ability to establish the necessary access from the open space to the public road. The Raven Pointe developer approached the County with this access dilemma. After recognizing that the adjacent lots now contained residences, and establishing the required access was not possible, it was ascertained that the open space be abandoned at this location and re -locate the open space elsewhere within the overall Raven Pointe development — the developer would need to accommodate this 30,593 square feet of open space. Mr. Thomas H. Riemer Re: Raven Pointe Boundary Line Adjustment August'25, 2008 Page 3 Recognizing that often the intent of the inactive open space is to separate residences and that the residences surrounding this open space had been constructed with structural setbacks well in excess of 150 feet (compared to the standard 50 feet separations), the County determined that the relocation of the open space would be an appropri to remedy to the lack of access issue. Since ly, s x r { Eric R. Lawrence, AICP Director of Planning and Development ERL/bad be: John Riley and Gene Fisher O CDP 0800013OG4 THIS DEED OF BOUNDARY LINE ADJUSTMENT AGREEMENT made and dated this t; day of Q C.�v b-e.t.a , 2007, by and between GLAIZE DEVELOPMENTS. INCORPORATED, A Virginia Corporation, of the one part, hereinafter referred to as "Glare," and LON T. KRAMER and VALERIE H. KRAMER- his wifeof the second part, hereinafter referred to as "Kramer." WHEREAS, Glaize is the owner of that certain parcel of land located in Shawnee Magisterial District, Frederick County, Virginia, containing 9,341 square feet, as shown on that certain plat of Boundary Line Adjustment made by Cory M. Haynes, Land Surveyor, dated April 27, 2006, attached hereto and incorporated herein, being a portion of the same property acquired by Glaize, by deed recorded in the aforesaid Clerk's Office as Instrument No. 020008672 (TAX MAP NUMBER 64G-3-5-164A); and, WHEREAS, Kramer is the owner of that certain parcel of land located in Shawnee District, Frederick County, Virginia, containing 12,000 square feet, as shown on that certain plat of Boundary Line Adjustment made by Cory M. Haynes, Land Surveyor, dated April 27, 2006, attached hereto and incorporated herein, being a portion of the same property acquired by Kramer by deed recorded in the aforesaid Clerk's Office as Instrument No. 050009898 (TAX MAP NUMBER 64G-3-5-135); and, WHEREAS, the parties hereto desire to adjust their respective boundary lines, as more particularly set forth hereafter. iARRiSON 5 JOHNSTON, ATTORNEYS AT LAW VANMES1ER VIRO MA NOW, THEREFORE, WTTNESSETH: That for and in consideration of the of Ten Dollars ($10.00) cash in hand paid, and the premises and the benefits which accrue by reason of this agreement, the parties hereto do make the following idary line adjustments: 1. That certain area of land owned by Glaize containing 5,121 square feet land more particularly described on that certain plat of Boundary Line Adjustment made by Cory Ni. Haynes, L.S., dated April 27, 2006, attached hereto and by reference made a part hereof, shall be conveyed to Kramer, in fee simple with Special Warranty of Title, and merged with and become a part of the 12,000 square -foot parcel owned by Kramer which will result in Kramer's parcel of land containing 17,121 square feet, and the Glaize parcel of land containing 4,220 square feet. 2. That the boundary lines, as adjusted, and shown on the aforesaid attached plat, shall constitute the true and correct boundary lines of the parties hereto, and Glaize does hereby remise, remit and convey all of its right, title and interest in and to that certain area of land conveyed as set forth herein. iARRISON & JOHNSTON, ATTORNEYS AT LAW WINOHESTER, VMW1A Q O Ln WITNESS the following signatures and seals: GLAIZE DEVELOPMENTS, INCORPORATED A Virginia Co ration By: (SEAL) U SEEN AND ACCEPTED THIS DAY OF MCit6or— 2007. Lon T. Kran _(SEAL) (SEAL) Valerie H. Kramer COMMONWEALTH OF VIRGINIA AT LARGE CITY/GQ44NW OF \A To -wit: The foregoing instrument was acknowledged before me this I A"' day of ...... QOea— , 2007 by % if. Q.4r as V.qr- frt^cks-.%- of Glaize Developments, Incorporated, a Virginia Corporation, on behalf of said Corporation. OF MY commissi n ex ijLes -AV& " V4.9 AwIA E, MARKLE P/ Nwary Fubmc J* cenw-*�M CW vh 138"4 Notary Public MMI COMMONWEALTH OFNMOMIA AT LARGE CITY/ -OF To -wit: The foregoing instrument was acknowledged before me this \;i day of 2007 by Lon T. Kramer and Valerie H. Kramer, his wife. My commission expires f Notary Public 4 mARM .. ........ NU 'I ANTA ftftw PAWC iARMSON !_Xl� Oltk ATTORNEYS WYIXW-"C; COWAMweift of we"Wde Ake 3"" MNCHESTEK VIRONA AA ale am t VICINITY MAP ,ALE: 1 1000' APPROVED BY: FREDERICK COUNTY SUBDIVISION ADMINISTRATOR DATE NOTES: 1. FREDERICK COUNTY PINS: 64G-3-5-164D & 64G-3-5-135 (NOTE: PIN 64G-3-5-165D WAS ORIGINALLY PIN 64G-3-5-164A). 2. UNLESS OTHERWISE NOTED; BOUNDARY (64G-3-5-135), EASEMENTS AND MERIDIAN SHOWN HEREIN ARE AS DEPICTED ON THE FINAL SUBDIVISION PLAT FOR RAVEN POINTE, SECTION 5 RECORDED WITH THE DEED OF DEDICATION IN INSTRUMENT #040014266. BOUNDARY (64G-3-5-164D)IS AS DEPICTED ON THE BOUNDARY LINE ADJUSTMENT RECORDED CONTEMPORANEOUS WITH THIS DOCUMENT. 3. PURSUANT TO AN EXAMINATION OF HUD FLOOD INSURANCE RATE MAP, COMMUNITY PANEL NO.510063 0115 B WITH AN EFFECTIVE DATE OF JULY 17. 1978. THIS PROPERTY LIES IN ZONE 'C" (AREAS OF MINIMAL FLOODING). 4. THIS PLAT WAS PREPARED WITHOUT BENEFIT OF A TITLE REPORT. 5. LOT CORNERS TO BE SET IN ACCORDANCE WITH FREDERICK COUNTY AND COMMONWEALTH OF VIRGINIA REGULATIONS. SURVEYOR'S CERTIFICATE I, CORY M. HAYNES, A DULY LICENSED LAND SURVEYOR IN THE COMMONWEALTH OF VIRGINIA, HEREBY CERTIFY, TO THE BEST OF MY KNOWLEDGE AND BELIEF, THAT THE PROPERTIES CONTAINED IN THIS BOUNDARY LINE ADJUSTMENT ARE PORTIONS OF THE SAME PROPERTIES CONVEYED TO GLAIZE DEVELOPMENTS, INC. BY DEED RECORDED AT INST.# 020008672 (PIN 64G-3-5-164D) AND TO LON T. KRAMER AND VALERIE H. KRAMER AT INST.# 050009898 (PIN 64G-3-5-135), BOTH AMONG THE LAND RECORDS OF FREDERICK COUNTY, VIRGINIA. BOUNDARY LINE ADJUSTMENT LOT 135 & OPEN SPACE PARCEL 1640 RAVEN POINTE SECTION 5 INSTRUMENT# 040014266 De4woo SHAW NEE MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA SCALE: N/A DATE: APRIL 27, 2006 Patton Harris Rust & Assoclates,pc Engineers. Surveyors. Planners. Landscape Architects. 117 East Piccadilly Street. Suite 200 Winchester, Virginia 22601 T 540.667.2139 F 540.665.0493 SHEET 1 OF 2 I AREA TABULATION t ' 64G-3-5-164D 9,341 SF 0,2145 AC 1 LOT 138 I PORTION OF 64G-3-5-1640 —5,121 SF —0,1176 AC I (NEW)PARCEL 164E 4,220 SF 0.0969 AC 64G-3-5-135 12,000 SF 0.2755 AC PORTION OF 64G-3-5-164D I LOT 12 LOT 137 I tt NEW LOT 135A 17,121 SF 0.3931 AC I N21*17'31"W n 29.77'�h �A-e - � 00 can jl►a�% LOT 11 tWN � LOT 136 2 PROPERTY LINE \ 'HEREBY CREATED \ N tk LOT 10 (NEW)64ERCEL �6, 117 t 2tV)s /0 3s3 5 c \ `^ Z� o? (OPEN SPACE) -""'r�� c^� �s'� 4,220 SF/ y o 0 0.0969 AC _ ,� , A�2 g `N o�i OG�� LOT 134A \ PnROPERTY LINE LOT 9 \ I y , I LOT 133A LOT 8 o QtWli tp t \ U, LOT 132A LOT 7 LOT Rs vEN Wi vEN PLot 131 O►N5 \\ 08 971, PC SG 'LOT 4�n R Nsj 40N 66 \ p�42 BOUNDARY LINE ADJUSTMENT ow LOT 135 & OPEN SPACE PARCEL 164D IsNtiTH RAVEN POINTE 's r SECTION 5 m v CORY H. INSTRUMENT# 040014266 N°' 2539 39 SHAWNEE MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA 41 Z7/ob SCALE: 1' = 6W DATE: APRIL 27, 2006 Patton Harris Rust d, Associates,pc Y lAAA SURys'O4, YrD Engineers. Surveyors. Planners. Landscape Architects. GRAPHIC SCALE ° 3D Op 120 117 East Piccadilly Street, Suite 200 + Winchester, Virginia 22601 c ( IN FEET) T 540.667.2139 7 1 inch = 60 ft. F 540.665.0493 VIRGINIA: FREDERICK COUNTY.SCT. This instrument of writing was produced to me on 3-1 3-0,b at , L . 6 b AM and with certificate acknowledgement thereto annexed was admitted to record. Tax imposed by Sec. 58.1-802 of $ N1 a, and 58.1-801 have been paid, if assessable. xov'� , Clerk § 144-13 FREDERICK COUNTY CODE § 144-15 § 144-13. Final plat approval. A. The subdivider shall file four copies of the final subdivision plat with the Subdivision Administrator within six months of receiving official notification of subdivision design plan approval. The final subdivision plat shall contain signatures of all owners, surveyors and review agencies, along with all other required materials. Failure to file the final plats within this time shall make the approval of the subdivision design plan null and void. The Subdivision Administrator may, on written request by the subdivider, grant an extension of this time limit. B. The Subdivision Administrator has approval authority over all final subdivision plats. Approval of the subdivision design plan does not guarantee approval of the final plats. The Subdivision Administrator shall review all final plats to ensure conformance with the approved subdivision design plan. The Subdivision Administrator shall notify the subdivider, in writing, of any noncompliance within 15 days of final plat submittal and shall approve or deny the final plats within 30 days after their submission. C. All final subdivision plats shall be legally recorded in the Frederick County Clerk of Court's office within six months of final approval by the Subdivision Administrator. Failure to record final subdivision plats within this time shall make the approval signatures null and void and require reapproval by all applicable agencies, except in cases specifically identified in § 15.2-2241(8) of the Code of Virginia. A copy of the final legally recorded plat, with appropriate agency approval signatures and notations signifying that the plat has been appropriately recorded, shall be returned to the Subdivision Administrator zwithin 30 days of recordation. [Amended 1-23-20021 § 144-14. Boundary line adjustments; lot consolidations. A. Any boundary line adjustments or lot consolidations between contiguous properties shall be approved by the Subdivision Administrator. Preliminary sketch review and subdivision design plan approval are not required for boundary line adjustments and lot consolidations. B. Final plats of boundary line adjustments and lot consolidations shall be submitted to the Subdivision Administrator for approval, approval with modifications or disapproval. The Subdivision Administrator shall notify the subdivider of any action made on the plats within 30 days of their complete submittal. C. A copy of the final plat, with appropriate notations signifying that the plat has been appropriately recorded, shall be returned to the Subdivision Administrator within 30 days after final plat approval. § 144-15. Minor rural subdivisions. Three copies of final plats for a minor rural subdivision shall be submitted to the Subdivision Administrator for review and approval. Preliminary sketch review and subdivision design plan review are not required for minor rural subdivisions. 144:12 06 - is - 2007 Mark Cheran From: Hazel Marie Boyd [hazelmarieboyd@msn.com] Sent: Thursday, December 18, 2008 9:19 AM To: mcheran@co.frederick.va.us Subject: Deed of Easement Hi Mark, I have decided to decline signing the deed of easement - please let me know if you have any questions. Thank you for taking so much time to meet and explain things to me. Hazel Marie Boyd 120 Killaney Court Winchester, VA 22602 (540) 664-6405 DEED OF EASEMENT Exempt from recordation taxes under §58.1-801. pursuant to Section 58.1-811(A)(3) THIS DEED OF EASEMENT, made and dated this day of 2008, by and between HAZEL MARIE BOYD, party of the first part, hereinafter called the Grantor(s), and the COUNTY OF FREDERICK, VIRGINIA, ("County"), hereinafter called the Grantee. WITNESSETH: WHEREAS, Grantor(s) is the fee simple owner of a certain tract of land identified as Lot 133A, located in the Raven Pointe subdivision, Shawnee Magisterial District, Frederick County, Virginia, said property being more particularly described on Exhibit A, attached hereto and made a part hereof, (the "Property"); WHEREAS, a 9,132 square foot portion of the Property has forestal, natural, and scenic resources; WHEREAS, the aforesaid 9,132 square foot portion of the Property contains trees and other aesthetic features and is located within The Ravens development and is between residences in the RavenWing and Raven Pointe subdivisions; WHEREAS, in furtherance of the purposes of the Open Space Land Act, Title 10.1, Chapter 17 of the Code of Virginia, 1950, as amended, in order to protect woodland and other environmental features, the Grantor(s) is willing to grant a perpetual tree save easement ("Easement") over the Property, on the terms and conditions hereinafter set forth; and WHEREAS, the County is authorized by the Open Space Land Act to accept, hold, and administer easements, and possesses the authority to accept and is willing to accept the Easement under the terms and conditions hereinafter set forth; NOW THEREFORE, for good and valuable consideration, receipt of which all parties acknowledge, and in consideration of the mutual covenants, terms, conditions, and restrictions hereinafter set forth, the Grantor(s) hereby grants and conveys to the Grantee a perpetual woodland preservation easement ("Easement") over the 9,132 square foot portion of the Property denoted by the designation "Raven Pointe Tree Save Easement" on the plat attached hereto. The Easement area, in conjunction with easement(s) of same name on adjacent properties, such easements collectively to be known as the "Raven Pointe Tree Save Easement" is hereby subject, in perpetuity, to the following terms, conditions, and restrictions: 1. This Easement is perpetual. It is an easement in gross and runs with the land. 2. The Property shall not be divided or subdivided in any manner except for property line adjustments with other property subject to the Raven Pointe Tree Save Easement. 3. No permanent or temporary building or structure shall be erected or constructed on the portion of the Property denoted by the designation "Raven Pointe Tree Save Easement" on the plat attached hereto. 4. No grading or earth removal is permitted on the property if it will materially diminish or impair the conservation values protected by the Easement. 5. General Terms: (a) Although the Easement in gross will benefit the public in ways recited above, nothing herein shall be construed to convey a right to the public of access or use of the Property. The Grantor(s), its successors and assigns, retains the exclusive right to such access and use, subject to the terms of the Easement. (b) The Easement shall be construed to promote the purposes of the Virginia Open Space Land Act, the Virginia Conservation Easement Act, the Comprehensive Plan of Frederick County, and the conservation purposes of the Easement. (c) If any provision of the Easement is determined to be invalid by a court of competent jurisdiction, the remainder of the Easement shall not be affected thereby. (d) The terms of the Easement shall inure to the benefit of, and be binding upon, the parties hereto, their agents, successors, and assigns. (e) The Grantee, by its execution of this Deed of Easement, does hereby accept the conveyance of the Easement as set forth herein. (f) The Grantee and its representatives may enter the property from time to time, upon 30 days written notice to the Grantor(s), for the sole purpose of inspections and enforcement of the terms of the Easement. (g) The Grantor(s), its successors and assigns shall notify the Grantee in writing within 60 days following any transfer or sale of the property. WITNESS the following signatures and seals: HAZEL MARIE BOYD CA HOME OWNER (Grantor) STATE OF VIRGINIA CITY/COUNTY OF , TO -WIT The foregoing document was acknowledged before me this day of , 2008, by HAZEL MARIE BOYD, Grantor. My Commission expires NOTARY PUBLIC (SEAL) COUNTY OF FREDERICK, VIRGINIA LM APPROVED AS TO FORM: (SEAL) Chairman, Board of Supervisors (Grantee) County Attorney STATE OF VIRGINIA, At -Large CITY/COUNTY OF , TO -WIT The foregoing document was acknowledged before me this , 2008, by Board of Supervisors, County of Frederick, Virginia, Grantee. My Commission expires NOTARY PUBLIC day of who is the Chairman, NOTES: 1. FREDERICK COUNTY PIN: 64G-3-5-133. 2. UNLESS OTHERWISE NOTED; EASEMENTS AND MERIDIAN SHOWN HEREIN ARE AS DEPICTED ON THE FINAL SUBDIVISION PLAT FOR RAVEN POINTE, SECTION 5 RECORDED WITH THE DEED OF DEDICATION AS INST #040014266. BOUNDARY OUTLINE IS BASED ON THE BOUNDARY LINE ADJUSTMENT PLAT RECORDED WITH THE DEED OF BOUNDARY LINE ADJUSTMENT AGREEMENT, INST #080003062; ALL AMONG THE LAND RECORDS OF FREDERICK COUNTY, VIRGINIA. 3. PURSUANT TO AN EXAMINATION OF HUD FLOOD INSURANCE RATE MAP, COMMUNITY PANEL NO.510063 0115 B WITH AN EFFECTIVE DATE OF JULY 17, 1978, THIS PROPERTY LIES IN ZONE "C" (AREAS OF MINIMAL FLOODING). 4. THIS PLAT WAS PREPARED WITHOUT BENEFIT OF A TITLE REPORT. I \ � i LOT 11 � � LOT 136A i A `o-\ v�A LOT 10 LOT 135A \ �)A ��UA. Tz-yr I- Z 00 o LOT 134A \ INST #080003063 LOT 9 - O CP cr 0i NAr6 `Li p� Ns ��A S yZ LOT 133A o �_ 101�6 INST #080003062 , �z OG LOT 8 ` �� \ r? 00 a, 0 � N26'21'21 "W TREE SAVE i 35.95' ESMT \ NLOT 132A iA \ INST #0800 3061 \ N19'04'S6"W \ 36.96' LOT 7 S84'50'18"W- 19.38' SEC N iN �L3 g,1rlOpG G SLOT 4'� R SEC aoo14266 45 INS # APPROVAL: FREDERICK COUNTY SUBDIVISION ADMINISTRATOR DATE TH of t-f CORY M. HAYNES �P' No. 2539 a GRAPHIC SCALE 30 60120 �-Ift"SU5vsl�0SUR 4' ( IN FEET ) 1 inch = 60 ft. PLAT SHOWING TREE SAVE EASEMENT RAVEN POINTE SECTION 5, LOT 133A INSTRUMENT #080003062 SHAWNEE MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA SCALE: 1" = 60' DATE: NOV. 26, 2008 Patton Harris Rust & Associates Engineers. Surveyors. Planners. Landscape Architects. 117 East Piccadilly Street P HPA+F Winchester, Virginia 22601 T 540.667.2139 540.665.04930493 SHEET 1 OF 1 CD PHR+A 2008 NOTES: 1. FREDERICK COUNTY PIN: 64G-3-5-133. 2. UNLESS OTHERWISE NOTED; EASEMENTS AND MERIDIAN SHOWN HEREIN ARE AS DEPICTED ON THE FINAL SUBDIVISION PLAT FOR RAVEN POINTE, SECTION 5 RECORDED WITH THE DEED OF DEDICATION AS INST #040014266. BOUNDARY OUTLINE IS BASED ON THE BOUNDARY LINE ADJUSTMENT PLAT RECORDED WITH THE DEED OF BOUNDARY LINE ADJUSTMENT AGREEMENT, INST #080003062; ALL AMONG THE LAND RECORDS OF FREDERICK COUNTY, VIRGINIA. 3. PURSUANT TO AN EXAMINATION OF HUD FLOOD INSURANCE RATE MAP, COMMUNITY PANEL NO.510063 0115 B WITH AN EFFECTIVE DATE OF JULY 17, 1978, THIS PROPERTY LIES IN ZONE "C" (AREAS OF MINIMAL FLOODING). 4. THIS PLAT WAS PREPARED WITHOUT BENEFIT OF A TITLE REPORT. i LOT 11 I , LOT 136A Np,\ 0 I 2 LOT 10 , Z 1 LOT 135A \ <^� ,� L I' < 2 00 LOT 134A jn i \ \ INST #080003063 LOT 9 0 cn \ 'too---o. as -v \ LOT 133A _ o� 10 56 \ �`� INST #080003062 - �z�0 LOT 8 \ �OOP 90 \ a6� 0o a, � a, N26'21'21'W TREE SAVE � r� 1 \ 35.95' ESMT \ N�6,2�'18 \ LOT 132A NIN \ INST #0800 3061 \ N19 04 56 W \ 36.96' ' \ LOT 7 \ S84'50'18"W \ \ \ - 19.38' I Rq V cor s " " "LOT 131 ,� \`\ SEC N wlN AVEN P 5� �8 g�7r/OG `� �G SLOT 4\� R SE"C040�1A266 45 INS # APPROVAL: / \ FREDERICK COUNTY SUBDIVISION ADMINISTRATOR DATE p,LTH OF Lf CORY M. HAYNES 9 No. 2539 " ltc/og j 0 GRAPHIC SCALE 30 60120 lq404' ( IN FEET ) 1 inch = 60 ft. PLAT SHOWING TREE SAVE EASEMENT RAVEN POINTE SECTION 5, LOT 133A INSTRUMENT #080003062 SHAWNEE MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA SCALE: 1" = 60' DATE: NOV. 26, 2008 Patton Harris Rust & Associates Engineers. Surveyors. Planners. Landscape Architects. 117 East Piccadilly Street P HPA+F Winchester, Virginia 22601 T 540,667.2139 540.665.04930493 SHEET 1 OF 1 PHR+A 900A NOTES: 1. FREDERICK COUNTY PIN: 64G-3-5-133. 2. UNLESS OTHERWISE NOTED; EASEMENTS AND MERIDIAN SHOWN HEREIN ARE AS DEPICTED ON THE FINAL SUBDIVISION PLAT FOR RAVEN POINTE, SECTION 5 RECORDED WITH THE DEED OF DEDICATION AS INST #040014266. BOUNDARY OUTLINE IS BASED ON THE BOUNDARY LINE ADJUSTMENT PLAT RECORDED WITH THE DEED OF BOUNDARY LINE ADJUSTMENT AGREEMENT, INST #080003062; ALL AMONG THE LAND RECORDS OF FREDERICK COUNTY, VIRGINIA. 3. PURSUANT TO AN EXAMINATION OF HUD FLOOD INSURANCE RATE MAP, COMMUNITY PANEL NO.510063 0115 B WITH AN EFFECTIVE DATE OF JULY 17, 1978, THIS PROPERTY LIES IN ZONE "C" (AREAS OF MINIMAL FLOODING). 4. THIS PLAT WAS PREPARED WITHOUT BENEFIT OF A TITLE REPORT. i LOT 11 � 1 LOT 136A I LOT 135A \ r"� LOT 10 � Nr '00 CO LOT 134A \ INST #080003063 LOT 9 O \ GJ'� ipkp cn i , NDr6 Zi 0� r,Y Un yZ LOT 133A o� o0INST #080003062 o� �z�OG `''� ! am LOT 8 � 0 o. a, N26'21'21"W TREE SAVE 1 35.95' ESMTLOT 132A ,12iEr \ INST #080003061 \ N 19 04 56 W \ 36.96' LOT 7 \ S84'50'18"W \ - - 19.38' I L07- s - - 13A TE R EC T WING � RAVEN P N�5 �S 9j1 l 0N J LOT 4 SECT10 4266 pG 45 1NS�#04001 APPROVAL: / \ FREDERICK COUNTY SUBDIVISION ADMINISTRATOR DATE CORY M. HAYNES a No. 2539 it �261p$ a G30 60 RAPHIC SCALE ,Zo ( IN FEET ) 1 inch = 60 ft. PLAT SHOWING TREE SAVE EASEMENT RAVEN POINTE SECTION 5, LOT 133A INSTRUMENT #080003062 SHAWNEE MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA SCALE: 1" = 60' DATE: NOV. 26, 2008 Patton Harris Rust & Associates Engineers. Surveyors. Planners. Landscape Architects. 117 East Piccadilly Street P HPA+F Winchester, Virginia 22601 T 540.667.2139 540.665.04930493 SHEET 1 OF 1 0 PHR+A gnnR NOTES: 1. FREDERICK COUNTY PIN: 64G-3-5-134. Ct t'\) 2. UNLESS OTHERWISE NOTED; EASEMENTS AND MERIDIAN SHOWN HEREIN ARE AS DEPICTED ON THE FIN�b SUBDIVISION PLAT FOR RAVEN POINTE, SECTION 5 RECORDED WITH THE DEED OF DEDICATION AS INST _ #040014266. BOUNDARY OUTLINE IS BASED ON THE BOUNDARY LINE ADJUSTMENT PLAT RECORDED WITH THE DEED OF BOUNDARY LINE ADJUSTMENT AGREEMENT, INST #080003063; ALL AMONG THE LAND RECORDS OF FREDERICK COUNTY, VIRGINIA. 3. PURSUANT TO AN EXAMINATION OF HUD FLOOD INSURANCE RATE MAP, COMMUNITY PANEL NO.510063 0115 B WITH AN EFFECTIVE DATE OF JULY 17, 1978, THIS PROPERTY LIES IN ZONE "C" (AREAS OF MINIMAL FLOODING). 4. THIS PLAT WAS PREPARED WITHOUT BENEFIT OF A TITLE REPORT. 1 LOT 136A �o LOT 11 I a' N 1 �� Z \ 2 O 2 Z�O� p!L I LOT 135A \ LOT 10 INST #080003064 , 6 03 Cn ➢ ' 1 , 226%' �,: 2 1 6'21�1a„ / \ �� ___-- O o I N� , \ \ LOT 134A cn �6A6 \ N �� INST #080003063 LOT 9 6� /� o TREE SAVE "�� .000 rLFj1 \ c, \ lL O 5�b N26'21'21"W �O�i6 LOT 133A 83.79' ` \ INST #080003062 LOT 8 / \ LOT 132A LOT 7 ! \ kor s E� N WIN p vEN P GINSE , oe 97 rloN G SLOT 4 R SEGTIGN 4266 APPROVAL: 1, pG 45 � 'NS-(#040p1 / � FREDERICK COUNTY SUBDIVISION ADMINISTRATOR PLAT SHOWING TREE SAVE EASEMENT DATE Z 12k-C of RAVEN POINTE �NLTH SECTION 5, LOT 134A INSTRUMENT #080003063 SHAWNEE MAGISTERIAL DISTRICT v CORY M. HAYNES FREDERICK COUNTY, VIRGINIA No. 2539 SCALE: 1" = 60' DATE: NOV. 26, 2008 41IL6/0g Patton Harris Rust & Associates Engineers. Surveyors. Planners. Landscape Architects. GRAPHIC SCALE 0 30 60 le.g�04` 120 117 East Piccadilly Street Winchester, Virginia 22601 HPA T 540.667.2139 ( IN FEET) 1 inch = 60 ft. F 540.665.04930493 SHEET 1 OF 1 D PHR+A 2008 VIRGIMA: FREDERICK COUNTY.SCT. This instrument of writing was produced to me on and with certificate acknowledgement thereto annexed was admitted to record. Tax imposed by See. 58.1-802 of $ , and 58.1-801 have been paid, if assessable. 4Le-4- /' �'__ , Clerk Cl NOTES: 1. FREDERICK COUNTY PIN: 64G-3-5-135. 2. UNLESS OTHERWISE NOTED; EASEMENTS AND MERIDIAN SHOWN HEREIN ARE AS DEPICTED ON THE FINAL SUBDIVISION PLAT FOR RAVEN POINTE, SECTION 5 RECORDED WITH THE DEED OF DEDICATION AS INST #040014266. BOUNDARY OUTLINE IS BASED ON THE BOUNDARY LINE ADJUSTMENT PLAT RECORDED WITH THE DEED OF BOUNDARY LINE ADJUSTMENT AGREEMENT, INST #080003064; ALL AMONG THE LAND RECORDS OF FREDERICK COUNTY, VIRGINIA. 3. PURSUANT TO AN EXAMINATION OF HUD FLOOD INSURANCE RATE MAP, COMMUNITY PANEL NO.510063 0115 B WITH AN EFFECTIVE DATE OF JULY 17, 1978, THIS PROPERTY LIES IN ZONE "C" (AREAS OF MINIMAL FLOODING). 4. THIS PLAT WAS PREPARED WITHOUT BENEFIT OF A TITLE REPORT. ' 1 'LOT 138 I I ' I LOT 12 � � I I LOT 137A I � Co _ n 0 V� v LOT 136A LOT 11 ' z INST #080003065 \ f) < LID I -' S6i LOT 135A \ OA LOT 10 INST #080003064 0 �� N as m _ESMT r-TREE SAVE �z 6� 00 LOT 134AA\ \ �� ro \ INST #080003063 L07 9 \ \ J z- \ C' ___----- -- I , 0 \ 2 \ 5,�, LOT 133A LOT 8 I /�� APPROVAL: EDERICK COUNTY SUBDIVISION ADMINISTRATOR DATE ELT H OF �l o ,off' v CORY M. HAYNES �P' No. 2539 GRAPHIC SCALE ,za ( IN FEET ) 1 inch = 60 ft. IIIv. 08 AQ le PLAT SHOWING TREE SAVE EASEMENT RAVEN POINTE SECTION 5, LOT 135A INSTRUMENT #080003064 SHAWNEE MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA SCALE: 1" = 60' DATE: NOV. 26, 2008 Patton Harris Rust & Associates Engineers. Surveyors. Planners. Landscape Architects. 117 East Piccadilly Street PHP+F Winchester, Virginia 22601 T 540.667.2139 540.665.049393 SHEET 1 OF 1 -• M J En W LO N a `1 O i D 0 i iLO N PHR+Q gnnR V1RG1NIA: FREDERICKCOUNTY.SCT. This instrument of writing was produced to me on 0-)—L-1 at. 0?;. and with certificate acknowledgement thereto annexed was admitted to record. Tax imposed by Sec. 58.1-802 of and 58.1-801 have been paid, if assessable. Clerk DEED OF EASEMENT Exempt from recordation taxes under §58.1-801 pursuant to Section 58.1-811(A)(3) THIS DEED OF EASEMENT, made and dated this day of 92008, by and between CARL AND--R.ENA STUBBERT, party of the first part, hereinafter called the Grantor(s), an #i COUNTY OF FREDERICK VIRGINIA, ("County"), hereinafter called the WHEREAS, Grantor(s) is the fee as Lot 132A, located in the Raven Pointe owner of a certaiff, t of land identified District, Frederick County, Virginia, said property being mo rticularly described on Exhibit A, I& attached hereto and made a part hereof, (the "Property"M WHEREAS, a 5,007 square foot portion of the Prop has forestal, natural, and scenic resources; WHEREAS, the aforesaid 5,007 square foot portion of the Property contains trees and other atures and is loca ' ..within The Ravens development and is betweg' dences in the Rai enuring an n Pointe subdivisions; WHEREAS, in fu-therancc of the purposes of the Open Space Land Act, Title 10.1, Chapter 7, f the Code "of Virginia, 1950, as amended, in order to protect woodland and other environmtal features, the Grantor(s) is willing to grant a perpetual woodland preservation easemen x. ; el ent") over the Property, on the terms and conditions eE "f hereinafter set forth; and WHEREAS, the County is authorized by the Open Space Land Act to accept, hold, and administer easements, and possesses the authority to accept and is willing to accept the Easement under the terms and conditions hereinafter set forth; NOW THEREFORE, for good and valuable consideration, receipt of which all parties acknowledge, and in consideration of the mutual covenants, terms, conditions, and restrictions hereinafter set forth, the Grantor(s) hereby grants and conveys to the Grantee a perpetual woodland preservation easement ("Easement") over the 5,007 square foot portion of the Property denoted by the designation "Raven Pointe Woodland Preserve Easement" on the plat attached hereto. The Easement area, in conjunction with easement(s) of same name on adjacent properties, such easements collectively to be known as the "Raven Pointe Woodland Preserve Easement" is hereby subject, in perpetuity, to the following terms, conditions, and restrictions: 1. This Easement is perpetual. It is an easement in gross and runs with the land. 2. The Property shall not be divided or subdivided in any manner except for property line adjustments with other property subject to the Raven Pointe Woodland Preserve Easement. 3. No permanent or temporary building or structure shall be erected or constructed on the portion of the Property denoted by the designation "Raven Pointe Woodland Preserve Easement" on the plat attached hereto. 4. No grading or earth removal is permitted on the property if it will materially diminish or impair the conservation values protected by the Easement. 5. General Terms: (a) Although the Easement in gross will benefit the public in ways recited above, nothing herein shall be construed to convey a right to the public of access or use of the Property. The Grantor(s), its successors and assigns, retains the exclusive right to such access and use, subject to the terms of the Easement. (b) The Easement shall be construed to promote the purposes of the Virginia Open Space Land Act, the Virginia Conservation Easement Act, the Comprehensive Plan of Frederick County, and the conservation purposes of the Easement. (c) If any provision of the Easement is determined to be invalid by a court of competent jurisdiction, the remainder of the Easement shall not be affected thereby. (d) The terms of the Easement shall inure to the benefit of, and be binding upon, the parties hereto, their agents, successors, and assigns. (e) The Grantee, by its execution of this 1 Wd of Easement, does hereby accept the conveyance of the Easement as set forth her' (f) The Grantee and its represen "s to time, upon 30 days written notice to the G� (s), for and enforcement of the terms of the Easem �t (g) The Grantor(s), its success and a writing within 60 days followin€ WITNESS the following A STUBBERT the property from time of inspections shall ndtifv the Grantee in By HOMF, OWNER (Grantor) STATE OF VIRGINIA CITY/COUNTY OF , TO -WIT The foregoing document was acknowledged before me this day of , 2008, by CARL AND ELENA STUBBERT, Grantor. My Commission expires SEAL) (SEAL) NOTARY PUBLIC COUNTY OF FREDERICK, VIRGINIA By (SEAL) Chairman, Board of Supervisors (Grantee) APPROVED AS TO FORM: County Attorney STATE OF VIRGINIA, At -Large CITY/COUNTY OF , The foregoing document w l"46 g aknowled ed , 2008, by Board of Supervisors, County of Frederick, Virg My this Grantee. NOTARY PUBLIC _ day M who is the Chairman, FBI C TY IVY of FREDERICK Department of Planning and Development 5401665-5651 October 8, 2008 Dana L Doyle 114 Killaney Court Winchester, Virginia 22602 RE: Recent Acquisition of a Portion of Adjacent Open Space Parcel Property Identification Number (PIN): 65G-3-5-136 114 Killaney Court Dear Ms. Doyle: It has been brought to the County's attention that the recent expansion of your lot on Killaney Court may have impacted the Raven Pointe Subdivision's open space and woodland preservation efforts. As such, I would request an opportunity to meet with you to review the history behind the open space and woodland preservation efforts for your neighborhood, and the possibility of implementing a woodland preservation easement to further these environmental preservation efforts. Mature trees and landscaping enhance a community's image and protecting these resources is worthwhile. Trees are aesthetically pleasing and are suggested to promote increased real estate values by as much as 15 percent. They increase home energy efficiency through shading and cooling, filter air pollution, buffer noise and wind, and provide wildlife habitat as well as pleasant visual relief. It is envisioned that if an easement were established, its purpose would be solely for the promotion and preservation of the healthy, established woodlands. Application of woodland maintenance practices would be appropriate and would enable a property owner to remove disease -infested trees and underbrush vegetation should the owner elect to do so. I should note that any effort to promote woodland preservation is a voluntary effort, and as such the County is requesting your participation. 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 Ms. Doyle Re: 114 Killaney Court October 8, 2008 Page 2 In an effort to further the woodland preservation efforts, the County is requesting that the property owners who recently absorbed portions of the open space parcel establish a woodland preservation easement. Please contact me so that we might further discuss this woodland preservation effort. Sincerely, aheran Zoning and Subdivision Administrator ERUMRC/bad cc: Gene Fisher, Shawnee District Supervisor Eric Lawrence, Planning Director Glaize Development, Inc., PO Box 888, Winchester, VA 22604 Attachments: IBoundary Line Adjustment Plat, Recorded March 13, 2008 a Ms. Doyle Re: 114 Killaney Court October 8, 2008 Page 3 Background In the late 1990s, a Master Development Plan (MDP) for The Ravens development was submitted to the County by the owner of 270 acres. After review of the proposal, the County approved the MDP on March 2, 2000. This approval enabled the property's owner to proceed through the Subdivision Design Plan (SDP) process for the projects now know as the RavenWing and Raven Pointe Subdivisions. This approved Master Development Plan and subsequent Subdivision Design Plan identified locations for planned roads and residential lots, and more importantly, for today's discussion - locations for open space and environmental feature preservation. Environmental features included steep slopes and woodlands. Much of the time, preservation of environmental features were preserved by placement of same within a development's open space areas. This approved MDP and SDP identified open space to be located to the rear of what resulted as your lot on Killaney Court. This open space parcel was created when the Raven Pointe, Section 5, residential lots were created. After the open space parcel was created, and the residential lots transferred to home builders and home owners, it was determined that the open space parcel was accidentally created without proper accessibility — it was land locked. The resolution of this access issue was to abandon the open space parcel, and transfer ownership to the six adjacent Raven Pointe property owners. As evidenced by deed research, on March 13, 2008, a boundary line adjustment plat was recorded with the Clerk of the Court which resulted in the enlargement of your property by approximately 3,506 square feet. This 3,506 square foot addition was absorbed from a woodland parcel designated as open space for the Raven Pointe Subdivision. `. COMMONWEALTH OF VIRGINIA C`t c-° f M iL L k l F - _ G yi ,jj ' ,oNORI n Fps- vp RAN 1 c CD n 1 RUN, . L l r a i, Q `` ra fl,80-r7 G s-063 co Co 0 iRRISON & JOHNSTON, ATTORNEYSAT LAW WINCHESTER, VIRGINIA THIS DEED OF BOUNDARY TINE ADJUSTMENT AGREEMENT made and dated this day of Qs; ` 2007, by and between GLAIZE DEVELOPMENTS, INCORPORATED, A Virginia Corporation, of the one part, hereinafter referred to as "Glaize," and DANA L. DOYLE of the second part, hereinafter referred to as "Doyle. WHEREAS, Glaize is the owner of that certain parcel of land located in Shawnee Magisterial District, Frederick County, Virginia, containing 4220 square feet, as shown on that certain plat of Boundary Line Adjustment made by Cory M. Haynes, Land Surveyor, dated April 27, 2006, attached hereto and incorporated herein, being a portion of the same property acquired by Glaize, by deed recorded in the aforesaid Clerk's Office as Instrument No. 020008672 (TAX MAP NUMBER 64G-3-5-164A); and, WHEREAS, Doyle is the owner of that certain parcel of land located in ShavAnee District, Frederick County, Virginia, containing 12,804 square feet, as shown on that certain plat of Boundary Line Adjustment made by Cory M. Haynes, Land Surveyor, dated April 27, 2006, attached hereto and incorporated herein, being a portion of the same property acquired by Doyle by deed recorded in the aforesaid Clerk's Office as Instrument No. 050007977 (TAX,MAP NUMBER 64G-3-5-136); and, WHEREAS, the parties hereto desire to adjust their respective boundary lines, as more particularly set forth hereafter. NOW, THEREFORE, WITNESSETH: That for and in consideration of the sum of Ten Dollars ($10.00) cash in hand paid., and the premises and the benefits which will accrue by reason of this agreement, the parties hereto do make the following boundary Pine adjustments: 1. That certain area of land owned by Glaize containing 3,506 square feet and more particularly described on that certain plat of Boundary Line Adjustment made by Cory M. Haynes, L.S., dated April 27, 2006, attached hereto and by reference made a part hereof, shall be conveyed to Doyle, in fee simple with Special Warranty of Title, and merged with and become a part of the 12,804 square -foot parcel owned by Doyle which will result in Doyle's parcel of land containing 16,310 square feet, and the Glaize parcel of land containing 714 square feet. I That the boundary lines, as adjusted, and shown on the aforesaid attached plat, shall constitute the true and correct boundary lines of the parties hereto, acid ula;zc^ iaoc-s hereby remise, rand cat.ve;y ail u+ iw i.gnt; title and interest in and to that certain area of land conveyed as set forth herein. ,RRISON & JOHNSTON.. ATTOMEYS AT LAW WINCHESTER, MOIRIA CO fO Cn d 0 C) Cn RRISON & JONNSTON,PLC ATTORNErsAT LAW WWCHESTER. VIRGINIA WITNESS the following signatures and seals: GLAIZE DEVELOPMENTS, INCORPORATED A Virginia Corporation By: 4 r Gc -vim— (SEAL) SEEN AND ACCEPTED THIS DAY OF Q c�`io-'s 2007. IfV.L, AeCA1 /a&�% (SEAL) Dana L. Doyle COMMONWEALTH OF VIRGINIA AT LARGE CITY/COUNTY OF Frederic -it , To -wit: The foregoing instrument was acknow1:,Lece_s\d,,-e_k—of ed before me this $ day of tic, r , 2007 by�1,g IP Ccf < as Giaize Developments, Incorporated, a Virginia Corporation, on behalf of said Corporation. My commission expires --� ANlrA E. MARIQ.E Norory of commoP+aNotary Public nwsoNrl of wrpinio 138"4 •aN Com Ion_E S&" JW 31, =0 COMMONWEALTH OF VIRGINIA AT LARGE CITY/COUNTY OF _r�Erit�..-_. To -wit: The foregoing instrument was acknowledged before me this day of Dir",et—, 2007 by Dana L. Doyle. My commission expires lgpr; l 1011 TIFF otary Publ (�1 CMmorrnv� ofVirginia Notary U ". Commis1on No. 347313 QUY a &*as 4t3p�2o11 t� VICINITY MAP 'ALE: 1" = 100 APPROVED BY: FREDERICK COUNTY SUBDIVISION ADMINISTRATOR DATE NOTES: 1. FREDERICK COUNTY PINS: 64G-3-5-164E & 64G-3-5-136 (NOTE: PIN 64G-3-5-165E WAS ORIGINALLY PIN 64G-3-5-164A). 2. UNLESS OTHERWISE NOTED; BOUNDARY (64G-3-5-136), EASEMENTS AND MERIDIAN SHOWN HEREIN ARE AS DEPICTED ON THE FINAL SUBDIVISION PLAT FOR RAVEN POINTE, SECTION 5 RECORDED WITH THE DEED OF DEDICATION IN INSTRUMENT #040014266. BOUNDARY (64G-3-5-164E) IS AS DEPICTED ON THE BOUNDARY LINE ADJUSTMENT RECORDED CONTEMPORANEOUS WITH THIS DOCUMENT. 3. PURSUANT TO AN EXAMINATION OF HUD FLOOD INSURANCE RATE MAP, COMMUNITY PANEL NO.510063 0115 B WITH AN EFFECTIVE DATE OF JULY 17, 1978, THIS PROPERTY LIES IN ZONE "C" (AREAS OF MINIMAL FLOODING). 4. THIS PLAT WAS PREPARED WITHOUT BENEFIT OF A TITLE REPORT. 5. LOT CORNERS TO BE SET IN ACCORDANCE WITH FREDERICK COUNTY AND COMMONWEALTH OF VIRGINIA REGULATIONS. SURVEYOR'S CERTIFICATE 1, CORY M. HAYNES, A DULY LICENSED LAND SURVEYOR IN THE COMMONWEALTH OF VIRGINIA, HEREBY CERTIFY, TO THE BEST OF MY KNOWLEDGE AND BELIEF, THAT THE PROPERTIES CONTAINED IN THIS BOUNDARY LINE ADJUSTMENT ARE PORTIONS OF THE SAME PROPERTIES CONVEYED TO GLAIZE DEVELOPMENTS, INC. BY DEED RECORDED AT INST.# 020008672 (PIN 64G-3-5-164E) AND TO DANA L. DOYLE AT INST# 050007977 (PIN 64G-3-5-136), BOTH AMONG THE LAND RECORDS OF FREDERICK COUNTY, VIRGINIA. BOUNDARY LINE ADJUSTMENT ofi LOT 136 & OPEN SPACE PARCEL 164E e�p'TH RAVEN POINTE 0 J SECTION 5 x INSTRUMENT# 040014266 v CORY K HAYNES SHAWNEE MAGISTERIAL DISTRICT No.2539 FREDERICK COUNTY, VIRGINIA SCALE: N/A DATE: APRIL 27, 2006 Patton Harris Rust & Associates,pc Engineers. Surveyors. Planners_ Landscape Architects. E2st illyini Street, Sui[e 200 Wi Winchester, Virginia 22601 ei, Vir c T 540,667.2139 WJL+ i JL F 540.665.0493 SHEET 1 OF 2 CURVE TABLE CURVE I RADIUS I DELTA I LENGTH I TANGENT I BEARING I CHDRD C1 1 325.00' 1 6'56'30' 1 39.38' 1 19.71' 1 S40'10'27'E 1 39,35' AREA TABULATION 640-3-5-164E 4,220 SF 0.0969 AC PORTION OF RAVEN POINTE 64G-3-5-164E —3,506 SF605 AC t 1 SECTION 5(NEW) PARCEL 164E 714 SF 0.0164 AC LOT 12 t ' `INST.# 040014266' i 64G-3-5-136 12,804 SF 0.2939 AC S43'3$'42" PORTION OF 0.0805 AC N21'17'31"W /62."�2' \ 64G-3-5T 136 + 10 + NEW LOT 136A 16,310 SF 0.3744 AC 29.77' \ LOT 137 / N26'21 2W , 6' N 3 i �\ �� LOT is 33.91 2 1�5�0i �. (NEW) PARCEL 1 \ w 164E z (t W) LOT 136A �, 8 (OPEN SPACE) rn \1s, 0 SF/0.3744 AC \ o 714 SF/ N m0 �ROPERTY LINE \�V 0.0164 AC N m , EREBY VACATED y a- 21 LOT 135A \ 4• `_ J� LOT 10 J PROPERTY LINE `HERINBY CREATED 0 0_ ' ,/ \ LOT 134A�0 \ „/ter 111 cx: o / \ LOT 133A 1 / � LOT 8 / `7N \ LOT 132A LOT 7 SAC N W/IVG — RAVEN DQ 9;,7. N 1 p�j 5 \\ SLOT 4�� SECTI Dyg266 PG 45 �\ \ tNST#040 BOUNDARY LINE ADJUSTMENT �pyTH OF LOT 136 & OPEN SPACE PARCEL 164E RAVEN POINTE SECON v� �9 INSTRUMEN # 040014266 CORY M. HAYNES SHAWNEE MAGISTERIAL DISTRICT No. 253/9 FREDERICK COUNTY, VIRGINIA 4�Z7�C6 SCALE: 1 = 60' DATE: APRIL 27, 2006 Patton Harris Rust & Associates,pc ' Engineers. Surveyors. Planners. Landscape Architects. a GRAPHIC SCALE 120 117 East Piccadilly Street, suite 200 3. so11"PA+Winchester, Virginia 22601 ( IN FEET) T 540.667.2139 1 inch - 60 ft. F 540.565.0493 SHEET 2 OF 2 o o 4 c.r5 Cn VIRGINIA: FREDFRICK CoijN iy.SCjj This instrument oru••riting vtias produced to me on ar:d !+ a�rfeJ�_cnie t thereto annexed H'ts �1r. ittzd [u create:. 'I'as intpc)sctf by Scc. 58.1-802 of S „ and i5.1-501 have been paid, irassessavle. 4L , Clerk ��0" `°G APPLICATION FOR BOUNDARY LINE ADJUSTMENT OR LOT CONSOLIDATION Applicant/Agent: H k H�✓- Address: i VI C �, cco �_, I S} Phone Number: Owner's Name (if different from applicant): Address: Phone Number: PARCEL INFORMATION (Check One) Boundary Line Adjustment: t/ Lot Consolidation: Zoning District: Property Location (please give State Route 4 and name, distance and direction from intersection): Magisterial District: [ 6-�-Q C12st_ oli G-3 S -1toq -(4 G -3. i3Z Lok l 5 a E;P -;-i i64A Lam} t35 Lct t33 ciu� rz I (o44 W} t3(o Qt�n S?cam j(oq E Property Identification Number(P.I.N.): t ci 134 i..c:t 13-1 6pa , s0-1 164 e (Parent Tract) Frederick County Department of Entered into the BLA / '; 'spread Sheet 107 North Kent Street -W Phone: (540) 665-5651 Need Recorded Plat 0:�Lud U. Appli a!O s,Appllctio FOMABou Wary Linc Adjw—t o, Lot ConsaFdx- ppli---, 3 i DEED OF EASEMENT Exempt from recordation taxes under §58.1-801 pursuant to Section 58.1-811(A)(3) THIS DEED OF EASEMENT, made and dated this day of 2008, by and between DANA L. ROXIE, parry of the first part, hereinafter called the Grantor(s), and the COUNTY,Q'� DERICK VIRGINIA, ("County"), hereinafter called the Grantee. NOW THEREFORE, for good and valuable consideration, receipt of which all parties acknowledge, and in consideration of the mutual covenants, terms, conditions, and restrictions hereinafter set forth, the Grantor(s) hereby grants and conveys to the Grantee a perpetual woodland preservation easement ("Easement") over the 3,506 square foot portion of the Property denoted by the designation "Raven Pointe Woodland Preserve Easement" on the plat attached hereto. The Easement area, in conjunction with easement(s) of same name on adjacent properties, such easements collectively to be known as the "Raven Pointe Woodland Preserve Easement" is hereby subject, in perpetuity, to the following terms, conditions, and restrictions: 1. This Easement is perpetual. It is an easement in gross and runs with the land. 2. The Property shall not be divided or subdivided in any manner except for property line adjustments with other property subject to the Raven Pointe Woodland Preserve Easement. 3. No permanent or temporary building or structure shall be erected or constructed on the portion of the Property denoted by the designation "Raven Pointe Woodland Preserve Easement" on the plat attached hereto. 4. No grading or earth removal is permitted on the property if it will materially diminish or impair the conservation values protected by the Easement. 5. General Terms: (a) Although the Easement in gross will benefit the public in ways recited above, nothing herein shall be construed to convey a right to the public of access or use of the Property. The Grantor(s), its successors and assigns, retains the exclusive right to such access and use, subject to the terms of the Easement. (b) The Easement shall be construed to promote the purposes of the Virginia Open Space Land Act, the Virginia Conservation Easement Act, the Comprehensive Plan of Frederick County, and the conservation purposes of the Easement. (c) If any provision of the Easement is determined to be invalid by a court of competent jurisdiction, the remainder of the Easement shall not be affected thereby. (d) The terms of the Easement shall inure to the benefit of, and be binding upon, the parties hereto, their agents, successors, and assigns. (e) The Grantee, by its execution of this end of Easement, does hereby accept the conveyance of the Easement as set forth h :. (f) The Grantee and its representls �� enter the property from time to time, upon 30 days written notice to the Gran#cr(s), for the sI urpose of inspections ,F and enforcement of the terms of the Easern t (g) The Grantor(s), its success _ and assigns shall nib the Grantee in writing within 60 days following `: ansfer or sale of the property. WITNESS the following si Mures and seals: x DANA L. D 'Y,E , (SEAL) 1.. h „ H R (Grantor) k STATE OF ' IRGINIA CITY/CO .OFF r TO -WIT COUNTY OF FREDERICK, VIRGINIA By (SEAL) Chairman, Board of Supervisors (Grantee) APPROVED AS TO FORM: County Attorney STATE OF VIRGINIA, At -Large CITY/COUNTY OF , TO -WIT The foregoing document was acknowledged before me this , 2008, by Board of Supervisors, County of Frederick, Virginia, Grantee. My Commission expires NOTARY PUBLIC _day of who is the Chairman, CURVE TABLE CURVE I RADIUS DELTA I LENGTH TANGENT I HEARING CHORD C1 1 325.00' 6'56'30' 1 39.38' 19.71' 1 S40.10'27'E 1 39.35' _ I � I AREA TABULATION! 84G--3-5-164E 4,220 SF 0.0969 AC PORTION OF RAVEN POINTE 64G-3-5-164E -3.506 SF -0.= AC t j SECTION 5 (NEW) PARCEL 164E 714 SF 0.0154 AC LOT 12 t , IINST.,# 040014266� 1 64G-3-5-136 12,804 SF 0.2930 AC S43'3 '42' PORTION OF N21 *17'31"W /62 2' 6 !W' LOT 1 36 + + 29.77 \` LOT 137 / (N LOT 136A 16,310 5F 0.3744 AC - - - N26'21 21 W LOT 11 33.91' (NEW) PARCEL 164E Z ( W) LOT 136A P g (OPEN SPACE) rno ,1s, 1 Ran u�E AC \ `r 714 SF/ ►3 \ 0.0164 AC Nj tp^ 1 ^�Y VACATED t LOT 135A \ LOT 10 PROPERTY LINE tHEi2TY CREATED Z� ZOa i /��1 \ LOT 134A O �j�0 LOT 9 Z t= G t / \ LOT 133A LOT 8 ✓ \ No` �'' \�� \ 7 \ LOT 132A �� LOT 7 y�1 t ^/- \ h' tors LOY 13� ` SEVEN W/N VET p01N� � pff 977, T1pN 1G �'�LOT 4�. RASECT 4roO 4266 G 45INST� ._..�wa.. _ BOUNDARY LINE ADJUSTMENT ,T11 0 LOT 136 & OPEN SPACE PARCEL 164E RAVEN POINTE �� .�.� SECTION 5 o L) CORY Y. HAYNES INSTRUMENT 040014266 N N. 2539 2539 o SHAWNEE MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA SCALE 1' = 50' DATE: APRIL 27, 2006 tA�� Oct Patton Harris RUst 8 Assoeiates,pe "r0 Planners. Engineers. Surveyors. Plonners. Landscape Architects. � 0GRAPHIC SCALE 1m 117 East Piccbdilty Street. Suite 200 PFftA Winchester, Virginia 22601 O ( T 540.667.2139 i LTb, : 80 ft. F 540.665.0493 SHEET 2 OF 2 oC2 COPY qCOUNTY of FREDERICK Department of Planning and Development 546/665-5651 138 FAX: 540/665-6395 October 8, 2008 Hazel Marie Boyd 120 Killaney Court Winchester, Virginia 22602 RE: Recent Acquisition of a Portion of Adjacent Open Space Parcel Property Identification Number (PIN): 65G-3-5-133 120 Killaney Court Dear Ms. Boyd: It has been brought to the County's attention that the recent expansion of your lot on Killaney Court may have impacted the Raven Pointe Subdivision's open space and woodland preservation efforts. As such, I would request an opportunity to meet with you to review the history behind the open space and woodland preservation efforts for your neighborhood, and the possibility of implementing a woodland preservation easement to further these environmental preservation efforts. Mature trees and landscaping enhance a community's image and protecting these resources is worthwhile. Trees are aesthetically pleasing and are suggested to promote increased real estate values by as much as 15 percent. They increase home energy efficiency through shading and cooling, filter air pollution, buffer noise and wind, and provide wildlife habitat as well as pleasant visual relief. It is envisioned that if an easement were established, its purpose would be solely for the promotion and preservation of the healthy, established woodlands. Application of woodland maintenance practices would be appropriate and would enable a property owner to remove disease -infested trees and underbrush vegetation should the owner elect to do so. I should note that any effort to promote woodland preservation is a voluntary effort, and as such the County is requesting your participation. . 107 North Kent Street, Suite 202 - Winchester, Virginia 22601-5000 Ms. Boyd Re: 120 Killaney Court October 8, 2008 Page 2 In an effort to further the woodland preservation efforts, the County is requesting that the property owners who recently absorbed portions of the open space parcel establish a woodland preservation easement. Please contact me so that we might further discuss this woodland preservation effort. Sincerely, Mar Cheran `" Zoning and Subdivision Administrator ERUMRC/bad cc: Gene Fisher, Shawnee District Supervisor Eric Lawrence, Planning Director Glaize Development, Inc., PO Box 888, Winchester, VA 22604 Attachments: Boundary Line Adjustment Plat, Recorded March 13, 2008 Ms. Boyd Re: 120 Killaney Court October 8, 2008 Page 3 Background In the late 1990s, a Master Development Plan (MDP) for The Ravens development was submitted to the County by the owner of 270 acres. After review of the proposal, the County approved the MDP on March 2, 2000. This approval enabled the property's owner to proceed through the Subdivision Design Plan (SDP) process for the projects now know as the RavenWing and Raven Pointe Subdivisions. This approved Master Development Plan and subsequent Subdivision Design Plan identified locations for planned roads and residential lots, and more importantly, for today's discussion — locations for open space and environmental feature preservation. Environmental features included steep slopes and woodlands. Much of the time, preservation of environmental features were preserved by placement of same within a development's open space areas. This approved MDP and SDP identified open space to be located to the rear of what resulted as your lot on Killaney Court. This open space parcel was created when the Raven Pointe, Section 5, residential lots were created. After the open space parcel was created, and the residential lots transferred to home builders and home owners, it was determined that the open space parcel was accidentally created without proper accessibility — it was land locked. The resolution of this access issue was to abandon the open space parcel, and transfer ownership to the six adjacent Raven Pointe property owners. As evidenced by deed research, on March 13, 2008, a boundary line adjustment plat was recorded with the Clerk of the Court which resulted in the enlargement of your property by approximately 9,132 square feet. This 9,132 square foot addition was absorbed from a woodland parcel designated as open space for the Raven Pointe Subdivision. . t t - COMMONWEALTH OF VIRGINIA i e r t er' .. ._.....__ .. 2 A _ U ' �s 3i�... 1 nc i cj i y S t A 2 Y tJ w: s 2 � :� u�°,�•&� : `..s � ray �' ��•..�' Ve, 0 o ILI L� N THIS DEED OF BOUNDARY LINE ADJUSTMENT AGREEMENT made and dated this k& day of OCAO6-e t, , 2007, by and between QLAIZE DEVELOPMENTS. INCORPORATED, A Virginia Corporation, of the one part, hereinafter referred to as ``Glaize," and HAZEL MARIE BOYD, of the second part, hereinafter referred to as "Boyd." WHEREAS, Glaiae is the owner of that certain parcel of land located in Shawnee Magisterial District, Frederick County, Virginia, containing 25,586 square feet, as shown on that certain plat of Boundary Line Adjustment made by Cory M. Haynes, Land Surveyor, dated April 27, 2006, attached hereto and incorporated herein, being a portion of the same property acquired by Glaize, by deed recorded in the aforesaid Clerk's Office as Instrument No. 020008672 (TAX MAP NUMBER 640-3-5- 164A); and, WHEREAS, Boyd is the owner of that certain parcel of land located in Shawnee District, Frederick County, Virginia, containing 12,000 square feet, as shown on that certain plat of Boundary Line Adjustment made by Cory M. Haynes, Land Surveyor, dated April 27, 2006, attached hereto and incorporated herein, being a portion of the same property acquired by Boyd by deed recorded in the aforesaid Clerk's Office as Instrument No. 050017854 (TAX MAP NUMBER 64G-3-5-133); and, WHEREAS, the parties hereto desire to adjust their respective boundary lines, as more particularly set forth hereafter. HARRISON d JOHNSTON, ATTORNEYS AT LAW WINCHESTEk VIRGINIA NOW, THEREFORE, WITNESSETH: That for and in consideration of the sum of Ten Dollars ($10.00) cash in hand paid, and the premises and the benefits which will accrue by reason of this agreement, the parties hereto do make the following boundary line adjustments: 1. That certain area of land owned by Glaize containing 9.132 square feet and more particularly described on that certain plat of Boundary Line Adjustment made by Cory M. Haynes, L.S., dated April 27, 2006, attached hereto and by reference made a part hereof, shall be conveyed to Boyd, in fee simple with Special Warranty of Title, and merged with and become a part of the 14,813 square -foot parcel owned by Boyd which will result in Boyd's parcel of land containing 2 1, 13 1 square feet; and the Glaize parcel of land containing 16,454 square feet. 2. That the boundary lines, as adjusted, and shown on the aforesaid attached plat, shall constitute the true and correct boundary lines of the parties hereto, and GWze does hereby remise, remit, and convey all of its right, title, and interest in and to that certain area of land conveyed as set forth herein. RRISON & JOHNSTON. ATTORNEYS AT LAW WINOHESTER. {AROINIA CD 0 W - WITNESS the following signatures and seals: GLAIZE DEVELOPMENTS, INCORPORATED A Virginia Corporation By: (SEAL) SEEN AND ACCEPTED THIS DAY OF 12007. 1"1dij-4. !i�D�A (SEAL) Hazel Marie Boyd COMMONWEALTH OF VIRGINIA AT LARGE CITY/eA9bW Y OF \,A %:-\c inas\-�o-wit: The foregoing instrument was acknowledged before me this '� day of , 2007 by Jehn f Ca( as V ►cam {��c5� d�'r' of Glaize Developments, Incorporated, a Virginia Corporation, on behalf of said Corporation. i� Notary Pubic COMMOnWeelfth Of Vkokdo 13A6t14 Notary Public tMy Commkaiom EiYplrp Jui,3i, Y000 COMMONWEALTH OT VIRGINIA.AT LARGE CITY&OUM-Y OF W u,,-�A-v—, To -wit: The foregoing instrument was acknowledged before me this V�` day of be }obey►, 20Mby Hazel Marie Boyd. 11 My commission expires -I isy �„• Notary Public RRISON &-JOHNSTON,PLC ANRA E. MARKLE ATTORNEYS AT LAW . NOtory Pubic WMCHESTER VIRGREA commomv"th of YkyW 4Q ` 138664 MY Co mwdulon EWOO, Jut 31, 2006 VICINITY MAP ;ALE: 1" = 1000' APPROVED BY: FREDERICK COUNTY SUBDIVISION ADMINISTRATOR NOTES: DATE 1. FREDERICK COUNTY PINS: 64G-3-5-164B & 64G-3-5-133 (NOTE: PIN 64G-3-5-165B WAS ORIGINALLY PIN 64G-3-5-164A). 2. UNLESS OTHERWISE NOTED; BOUNDARY {64G-3-5-133), EASEMENTS AND MERIDIAN SHOWN HEREIN ARE AS DEPICTED ON THE FINAL SUBDIVISION PLAT FOR RAVEN POINTE, SECTION 5 RECORDED WITH THE DEED OF DEDICATION IN INSTRUMENT #040014266. BOUNDARY (64G-3-5-164B) IS AS DEPICTED ON THE BOUNDARY LINE ADJUSTMENT RECORDED CONTEMPORANEOUS WITH THIS DOCUMENT. 3. PURSUANT TO AN EXAMINATION OF HUD FLOOD INSURANCE RATE MAP, COMMUNITY PANEL NO.510063 0115 B WITH AN EFFECTIVE DATE OF JULY 17, 1978, THIS PROPERTY LIES IN ZONE "C" (AREAS OF MINIMAL FLOODING). 4. THIS PLAT WAS PREPARED WITHOUT BENEFIT OF A TITLE REPORT. 5. LOT CORNERS TO BE SET IN ACCORDANCE 1MTH FREDERICK COUNTY AND COMMONWEALTH OF VIRGINIA REGULATIONS. SURVEYOR'S CERTIFICATE I, CORY M. HAYNES, A DULY LICENSED LAND SURVEYOR 1N THE COMMONWEALTH OF VIRGINIA, HEREBY CERTIFY, TO THE BEST OF MY KNOWLEDGE AND BELIEF, THAT THE PROPERTIES CONTAINED IN THIS BOUNDARY LINE ADJUSTMENT ARE PORTIONS OF THE SAME PROPERTIES CONVEYED TO GLAIZE DEVELOPMENTS, INC. BY DEED RECORDED AT INST.# 020008672 (PIN 64G-3-5-1648) AND TO HAZEL M. BOYD AT INST.# 050017854 (PIN 64G-3-5-133), BOTH AMONG THE LAND RECORDS OF FREDERICK COUNTY, VIRGINIA. BOUNDARY LINE ADJUSTMENT ,p.LTH of LOT 133 & OPEN SPACE PARCEL 1648 RAVEN POINTE SECo INSTRUM NT10040014266 t� CO No .2HA9 ES �' SHAWNEE MAGISTERIAL DISTRICT 4�2?fo6 FREDERICK COUNTY, VIRGINIA SCALE: N/A DATE. APRIL 27. 2006 Patton Harris Rust & Associates,pc S4 Engineers. Surveyors.. Planners. Landscape Architects_ 117 East Piccadilly Street, Suite 200 Winchester, Virginia 22601 T 540.667.2139 i F 540.665.0493 SHEET 1 OF 2 1 I 1 I I AREA TABULATION 1 64G-3-5-164B 25,586 SF 0.5874 AC ! 1 PORTION OF LOT 138 I 64G-3-5-1646 9.132 SF —0.20 6 AC — — _ (N-5� PARCEL 164C 16,454 SF 0.3778 AC 64G-3-5-133 12,000 SF 0.2755 AC PORTION OF 64G-3-5-164B +9.132 SF +0.2096 AC t (NEW) LOT 133A 21,132 SF 0.4851 AC LOT 12 i 1 1 t 1 ti LOT 137 1 N2.1'17'31"W 29.77' 0 N y LOT 11 ' � LOT 136 \ �` ►U)\ C� CJ? � M LOT 10 Vy- G LOT 135 0 N � ` C �� Co , o O �- C1 z`- a \ LOT 134 LOT 9 Z1= (NEW) \ *1✓ .i N j PARCEL 164C\` Qcn m ( (OPEN SPACE _I 16,454 SF/ o.377s AC 25 (NEW) LOT 133A PROPERTY LINED 10\�6 \ 21,132 SF/0.4851 AC HERPROPERTY LINE LOT 8 � HEREBY VACATED 6r�'L1i 1�2 � N26.21'21"W 35.95' PROPERTY LINE 5��1 HEREBY CREATED ` \ N19'04'56"W �' \ \ LOT 132A 36.96' LOT 7 S84'50'18"W- 19.38' I 10r s 13, �• �o SFC WINS - RAVS A p(:)jN5� 9j1, p 5 LOT 4 �\ SEC p14266 G 1NSi#040 BOUNDARY LINE ADJUSTMENT o�+ LOT 133 & OPEN SPACE: PARCEL 164B ,SAyTH o~� RAVEN POINTE "s O . SECTION 5 U C01�1 M. illill\L'IN � Y INSTRUMENT# 040014266 N No. 2539 SHAWNEE MAGISTERIAL DISTRICT �4lz71o� FREDERICK COUNTY, VIRGINIA SCALE: 1" - 60' DATE: APRIL 27, 2006 lA� �'•L Patton Harris Rust & Assoclates,pc Engineers. Surveyors. Plonners. Londscope Architects. .�1�0� GRAPHIC SCALE o ao so izo 117 East Piccadilly Street Suite 200 —� + Winchester, Virginia 22601 c i ( IN FEET T $40.667.2139 y 1 inch = 60 ft. F 540.665.0493 SHEET 2 OF 2 m c c VIRGINIA: rl'-ED RICKCGUNTY.SCT. This instrument of Lvritin; was produced to me on -3� 13-o� at to --'k —hln� and U it11 rcrtificule ac;:nowledeemcnt thercto annexed was admitted to record. Tax imposed by Scc. 58.1-8022 of $ _ , and5S.1-801 have been paid, if assessable. Clerk APPLICATION FOR BOUNDARY LINE ADJUSTMENT OR LOT CONSOLIDATION Applicant/Agent: H k H Address: tiyI E R, "" " I St Phone Number: Owner's Name if different from applicant): Address: Phone Number: PARCEL INFORMATION (Check One) Boundary Line Adjustment: ✓ Lot Consolidation: Zoning District: Property Location (please give State Route # and name, distance and direction from intersection): Magisterial District. Lo (37 ��, �`� 164A Lei t3S U¢¢05P: , tet t33 160 W-i- L3(�- b 0 S(Kic� i(ctiE Property Identification Number (P.IN.): 1_„� 13t4 e p s Rice i k4 (—' 3-1 cJ��0 s(xc e 1 y F (Parent Tract) (t' 1 Frederick County Department of Planning and Development 107 North Kent Stream' Entered,into the BLA/ Spread Sheet Phone: (540} 665-5 p 0^Land Va Appfip6a 'Appfiwlia Fonnx%Bo d yLm Adjwtn tar LMCo kdsfi.e Need ReeordeId Plat— R-mi DIP7105 G I DEED OF EASEMENT Exempt from recordation taxes under §58.1-801 pursuant to Section 58. i-811(A)(3) THIS DEED OF EASEMENT, made and dated this day of 2008, by and between HAZEL M xF .K�_ BOYD, part, hereinafter called the Grantor(s), and the VIR G INIA, ("County"), hereinafter called the WHEREAS, Grantor(s) is the fee as Lot 133A, located in the Raven Pointe subdi Frederick County, Virginia, saidrmipeov i,eing attached hereto and made a part hereof, (the -`Pr WHEREAS, a scenic resources; WHEREAS, ' and other aesthetic featu between residences A WILT. AS, in f 10.1, Chapte =f =_ f the C and other enviro metal preservation easemer hereinafter set forth; and owner of a parry of the first of land identified District, cularly described on Exhibit A, forestal, natural, and foresaid 9.132 square foot portion of the Property contains trees and Is located Within The Ravens development and is Raven ing and Raven Pointe subdivisions; V ante of the purposes of the Open Space Land Act, Title >deVirgin " , 1950, as amended, in order to protect woodland the Grantor(s) is willing to grant a perpetual woodland ") over the Property, on the terms and conditions WHEREAS, the County is authorized by the Open Space Land Act to accept, hold, and administer easements, and possesses the authority to accept and is willing to accept the Easement under the terms and conditions hereinafter set forth; I NOW THEREFORE, for good and valuable consideration, receipt of which all parties acknowledge, and in consideration of the mutual covenants, terms, conditions, and restrictions hereinafter set forth, the Grantor(s) hereby grants and conveys to the Grantee a perpetual woodland preservation easement ("Easement") over the 9,132 square foot portion of the Property denoted by the designation "Raven Pointe Woodland Preserve Easement" on the plat attached hereto. The Easement area, in conjunction with easement(s) of same name on adjacent properties, such easements collectively to be known as the "Raven Pointe Woodland Preserve Easement" is hereby subject, in perpetuity, to the following terms, conditions, and restrictions: land. This Easement is perpetual. It is an easement in gross and runs with the 2. The Property shall not be divided or subdivided in any manner except for property line adjustments with other property subject to the Raven Pointe Woodland Preserve Easement. 3. No permanent or temporary building or structure shall be erected or constructed on the portion of the Property denoted by the designation "Raven Pointe Woodland Preserve Easement" on the plat attached hereto. 4. No grading or earth removal is permitted on the property if it will materially diminish or impair the conservation values protected by the Easement. 5. General Terms: (a) Although the Easement in gross will benefit the public in ways recited above, nothing herein shall be construed to convey a right to the public of access or use of the Property. The Grantor(s), its successors and assigns, retains the exclusive right to such access and use, subject to the terms of the Easement. (b) The Easement shall be construed to promote the purposes of the Virginia Open Space Land Act, the Virginia Conservation Easement Act, the Comprehensive Plan of Frederick County, and the conservation purposes of the Easement. i (c) If any provision of the Easement is determined to be invalid by a court of competent jurisdiction, the remainder of the Easement shall not be affected thereby. (d) The terms of the Easement shall inure to the benefit of and be binding upon, the parties hereto, their agents, successors, and assigns. (e) The Grantee, by its execution of this ed of Easement, does hereby accept the conveyance of the Easement as set forth h (f) The Grantee and its represen s t ,,;enter the property from time to time, upon 30 days written notice to the G r(s), for the s ".purpose of inspections and enforcement of the terms of the Ease (g) The Grantor(s), its succe and shall no the Grantee in writing within 60 days following ansfer or sal e property. k , WITNESS the following signatures ;mod seals: STATE O CITY/CO My Commission acknowledged before me this _ �ZEL MARIE BOYD, Grantor. NOTARY PUBLIC SEAL) a COUNTY OF FREDERICK, VIRGINIA By (SEAL) Chairman, Board of Supervisors (Grantee) APPROVED AS TO FORM: County Attorney STATE OF VIRGINIA, At -Large CITY/COUNTY OF , TO -WIT The foregoing document was acknowledged before me this day of , 2008, by , who is the Chairman, Board of Supervisors, County of Frederick, Virginia, Grantee. My Commission expires NOTARY PUBLIC r AREA TABULATION 1 I I 64G-3-5-154B 25,586 SF 0.5874 AC f I PORTION OF (` LOT 138 I 54G-3-5-1648 -9.132 SF —0.2096 AC ' (NM PARCEL 164C 16,454 SF 0.3775 AC t 64G-3-5-133 12,000 SF 0.2755 AC PORTION OF 64G-3-5-164B +9.132 SF +0.2096 AC (NEW) LOT 133A 21,132 SF 0.4851 AC LOT 12 t t LOT 137 N21`I7'31"W 29.7T 4 �',' i N LOT 11 ' m LOT 136 \ �, 2 N 1i rn LOT 10 ( W 2 � G LOT 135 ` to O ?J .4 N ' o O p / t�� 0 � O 6' O D ` LOT 134 EL LOT 9 Z p � (NEW) LIJ � a) PARCEL 164C \` N 2 r \ mom 4U1 m I(OPEN SPAC \� r 16,454 SF/ 0.3778 AC 25,' (NEW) LOT 133A PROPERTY UNE �p1 ` 21,132 SF/0.4851 AC HERE� HPROPERTY LINE \ EREBY VACATED r r� LOT 8 `W N2671'21 35.95' PROPERTY LINE S HEREBY CREATED ` \ N19'04'56"w r \ LOT 132A 36.96' \ LOT 7 S84.50'18"W- 19.38' I tor 5 RAVEIL ' + -0 pp1ryTE �pQ £C�IpN NG SLOT 4\� RA. EC,.�ON �J 5 -- 9%1, PG 4$ \ , ST#p4p01426 �i ,LINE BOUNDARY ADJUSTMENT px �TH o� LOT 133 & OPEN SPACE PARCEL 1648 Q� 4- RAVEN POINTE INSTRUMENT# 040014266 CORY M. HAYNES No. SHAWNEE MAGISTERIAL DISTRICT i2539j FREDERICK COUNTY, VIRGINIA -4[r,71c,4 SCALE: 1" = 60' DATE: APRIL 27, 2006 Patton Harris Rust & Assoct3tes,pc Engineers. Surveyors. Plonners. Londscope Architects. GRAPHIC r� HIC SALE 117 East Piccadilly Street, Suite 200 I + Winchester, Virginia 22601 IN f'EET ,ft. T $40.667.2139 1 inth = 60 F 540.665.0493 SHEET 2 OF 2 RECOPY COUNTY of FREDERICK Department of Planning and Development 5401665-5651 FAX: 540/ 665-6395 October 8, 2008 Gary W. Price PO BOX 3231 Winchester, Virginia 22604 RE: Recent Acquisition of a Portion of Adjacent Open Space Parcel Property Identification Number (PIN): 65G-3-5-134 118 Killaney Court Dear Mr. Price: It has been brought to the County's attention that the recent expansion of your lot on Killaney Court may have impacted the Raven Pointe Subdivision's open space and woodland preservation efforts. As such, I would request an opportunity to meet with you to review the history behind the open space and woodland preservation efforts for your neighborhood, and the possibility of implementing a woodland preservation easement to further these environmental preservation efforts. Mature trees and landscaping enhance a community's image and protecting these resources is worthwhile. Trees are aesthetically pleasing and are suggested to promote increased real estate values by as much as 15 percent. They increase home energy efficiency through shading and cooling, filter air pollution, buffer noise and wind, and provide wildlife habitat as well as pleasant visual relief. It is envisioned that if an easement were established, its purpose would be solely for the promotion and preservation of the healthy, established woodlands. Application of woodland maintenance practices would be appropriate and would enable a property owner to remove disease -infested trees and underbrush vegetation should the owner elect to do so. I should note that any effort to promote woodland preservation is a voluntary effort, and as such the County is requesting your participation. 107 North Kent Street, Suite 202 - Winchester, Virginia 22601-5000 Mr. Price J Re: 118 Killaney Court October 8, 2008 Page 2 In an effort to further the woodland preservation efforts, the County is requesting that the property owners who recently absorbed portions of the open space parcel establish a woodland preservation easement. Please contact me so that we might further discuss this woodland preservation effort. Sincerely, ar Cheran Zoning and Subdivision Administrator ERUMRC/bad cc: Gene Fisher, Shawnee District Supervisor Eric Lawrence, Planning Director Glaize Development, Inc., PO Box 888, Winchester, VA 22604 Attachments: Boundary Line Adjustment Plat, Recorded March 13, 2008 r Mr. Price Re: 118 Killaney Court October 8, 2008 Page 3 Background In the late 1990s, a Master Development Plan (MDP) for The Ravens development was submitted to the County by the owner of 270 acres. After review of the proposal, the County approved the MDP on March 2, 2000. This approval enabled the property's owner to proceed through the Subdivision Design Plan (SDP) process for the projects now know as the RavenWing and Raven Pointe Subdivisions. This approved Master Development Plan and subsequent Subdivision Design Plan identified locations for planned roads and residential lots, and more importantly, for today's discussion - locations for open space and environmental feature preservation. Environmental features included steep slopes and woodlands. Much of the time, preservation of environmental features were preserved by placement of same within a development's open space areas. This approved MDP and SDP identified open space to be located to the rear of what resulted as your lot on Killaney Court. This open space parcel was created when the Raven Pointe, Section 5, residential lots were created. After the open space parcel was created, and the residential lots transferred to home builders and home owners, it was determined that the open space parcel was accidentally created without proper accessibility — it was land locked. The resolution of this access issue was to abandon the open space parcel, and transfer ownership to the six adjacent Raven Pointe property owners. As evidenced by deed research, on March 13, 2008, a boundary line adjustment plat was recorded with the Clerk of the Court which resulted in the enlargement of your property by approximately 7,113 square feet. This 7,113 square foot addition was absorbed from a woodland parcel designated as open space for the Raven Pointe Subdivision. C +L, Ip �k t C ( -1 I. � •i a .i tl. �r� � 4� - � ' )P` ...._s.., lilt F i i a I<,,,0-z030G 3 THIS DEED OF BOUNDARY LINE ADJUSTMENT AGREEMENT made and dated this 5A'- day of Oc,�1i-vt, 2007, by and between GLARE DEVELOPMENTS, INCORPORATED, A Virginia Corporation, of the one part, hereinafter referred to as "Glaize," and GARY W. PRICE, of the second part, hereinafter referred to as "Price." WHEREAS, Glaize is the owner of that certain parcel of land located in Shawnee Magisterial District, Frederick County, Virginia, containing 16,454 square feet, as shown on that certain plat of Boundary Line Adjustment made by Cory M. Haynes, Land Surveyor, dated April 27, 2006, attached hereto and incorporated herein, being a portion of the same property acquired by Glaize, by deed recorded in the aforesaid Clerk's Office as Instrument No. 020008672 (TAX MAP NUMBER 64G-3-5- 164A); and, WHEREAS, Price is the owner of that certain parcel of land Iocated in Shawnee District, Frederick County, Virginia, containing 12,000 square feet, as shown on that certain plat of Boundary Line Adjustment made by Cory M. Haynes, Land Surveyor, dated April 27, 2006, attached hereto and incorporated herein, being a portion of the same property acquired by Price by deed recorded in the aforesaid Clerk's Office as Instrument No. 050013972 (TAX MAP NUMBER 64G-3-5-134); arid; WHEREAS, the parties hereto desire to adjust their respective boundary lines, as more particularly set forth hereafter. LRRISON & JOHNSTON ATTORNM AT LAW MCHESTER. VIM" NOW, THEREFORE, WITNESSETH: That for and in consideration of the sum of Ten Dollars ($10.00) cash in hand paid, and the premises and the benefits which will accrue by reason of this agreement, the parties hereto do make the following boundary line adjustments: I . That certain area of land owned by Glaize containing 7,113 square feet and rnore particularly described on that certain plat of Boundary Line Adjustment made by Cory M. Haynes, L.S., dated April 27, 2006, attached hereto and by reference made a part hereof, shall be conveyed to Boyd, in fee simple with Special Warranty of Title, and merged with and become a part of the 12,000 square -foot parcel owned by Price which will result in Price's parcel of land containing 19,113 square feet; and the Glaize parcel of Land containing 9,341 square feet. 2. That the boundary lines, as adjusted, and shown on the aforesaid attached plat, shall constitute the true and correct boundary lines of the parties hereto, and Glaize does hereby remise, remit and convey all of its right, title and interest in and to that certain area of land conveyed as set forth herein. ff;"SON a X)MSTON, ATTORNEYS AT LAW WINCHESTER. VIRGINIA 0 0 c r Con My Gom+ WITNESS the following signatures and seals: GLAIZE DEVELOPMENTS, INCORPORATED A Virginia Corporation By:(SEAL) SEEN AND ACCEPTED THIS DAY OF 2007. • (SEAL) 4Wt. "Pz fee COMMONWEALTH OF VIRGINIA AT LARGE CITYhe&.- dw OF ��cy e s To -wit: The foregoing strument was acknowl ged fore me this day of o17eR�12007 by .�c.,!! as 1 W_ z F" f Glaize Developments, Incorporated, a Virginia Corporation, on behalf of said Corporation. ITA C. MFcommissi expires �VI,ko % Notary Pu fonwealth of vlonta Ton Explm Jul 31. 20018 Notary Public COMMONWEALTH OF VIRGINIA AT LARGE cimeeuNTY OF W To -.wit: The foregoing instrument was acknowledged before me this S'' day of "6 , , 2007 by Gary W. Price. My commission expires '1 \'b. � o Notary Public 4 ANITA E. MARKLE Notary PublIQ COMMOMedth of Vkgkft l 13411611114 "Y CorRmhslOn ExMrft NTl 31. 2004 RRiSON $ JOfiNSFON,F'iC * . - ,.r... ATY0004M At LAVA' - - WMCMESTER. VIhOMU VICINITY MAP SCALE: 1" = 10C APPROVED BY: 7 FREDERICK COUNTY SUBDIVISION ADMINISTRATOR 4' NOTES: 1. FREDERICK COUNTY PINS: 64G-3-5-164C & 64G-3-5-134 (NOTE. PIN 64G-3-5-165C WAS ORIGINALLY PIN 64G-3-5-164A). 2. UNLESS OTHERWISE NOTED; BOUNDARY (64G-3-5-134). EASEMENTS AND MERIDIAN SHOWN HEREIN ARE AS DEPICTED ON THE FINAL SUBDIVISION PLAT FOR RAVEN POINTE. SECTION 5 RECORDED WITH THE DEED OF DEDICATION IN INSTRUMENT #040014266_ BOUNDARY (64G-3-5-164C)IS AS DEPICTED ON THE BOUNDARY LINE ADJUSTMENT RECORDED CONTEMPORANEOUS WITH THIS DOCUMENT. 3. PURSUANT TO AN EXAMINATION OF HUD FLOOD INSURANCE RATE MAP, COMMUNITY PANEL NO.510063 0115 B WITH AN EFFECTIVE DATE OF JULY 17, 1978, THIS PROPERTY LIES IN ZONE "C" (AREAS OF MINIMAL FLOODING). 4. THIS PLAT WAS PREPARED WITHOUT BENEFIT OF A TITLE REPORT. 5. LOT CORNERS TO BE SET IN ACCORDANCE WITH FREDERICK COUNTY AND COMMONWEALTH OF VIRGINIA REGULATIONS. SURVEYOR'S CERTIFlCATE I, CORY M. HAYNES, A DULY LICENSED LAND SURVEYOR IN THE COMMONWEALTH OF VIRGINIA, HEREBY CERTIFY, TO THE BEST OF MY KNOWLEDGE AND BELIEF, THAT THE PROPERTIES CONTAINED IN THIS BOUNDARY LINE ADJUSTMENT ARE PORTIONS OF THE SAME PROPERTIES CONVEYED TO GLAIZE DEVELOPMENTS, INC. BY DEED RECORDED AT INST.# 020008672 (PIN 64G-3-5-164C) AND TO GARY W. PRICE AT INST.# 050013972 (PIN 64G-3-5-134), BOTH AMONG THE LAND RECORDS OF FREDERICK COUNTY, VIRGINIA. BOUNDARY LINE ADJUSTMENT 100 OF LOT 134 & OPEN SPACE PARCEL 164C ��p,L`PH ��, RAVEN POINTE -�• �� SECTION 5 GORY M. HAYN&S a INSTRUMENT# 040014266 No. 2539 SHAWNEE MAGISTERIAL DISTRICT -41 Z,71a6 FREDERICK COUNTY, VIRGINIA SCALE: N/A DATE. APRIL 27, 2006 t �04 44 Patton Harris Rust & Adscape tes,pc Engineers. Surveyors. Planners. Landscape Architects. 117 East Piccadilly Street, Suite 200 Pf]�kA Winchester, Virginia 22601 T 540.667.2139 F 540.665.0493 SHEET 1 OF 2 -1, / i AREA TABULATION 4G-3-5-164C 16,454 SF 0.3778 AC PORTION OF LOT 138 I I 64G-3�W64D -7,113 sF -0-143:5 Ar (NEW) 9,341 SF 0.2145 AC 64G-3-5-134 12,000 SF 0.2755 AC PORTION OF W-3-5-164C +7,113 SF +0,1633 A�_ NEW LOT 134A 19,113 SF 0.4388 AC LOT 12 LOT 137 N21 *1 7'31"W to 29.77' LOT 11 LOT 136 0 kp- o 0 1,0 1 Na 0020 -Z LOT 135 0 LOT 107 ;kr- I= PROPERTY LINE CP LL1,0 HEREBY CREATED we, , 0 >Uj 01 M-. <^U) m CD !126 01-0) cr-, 0 C4 Vk \ (P ' 0'� *- 0 FIT HEREBY �6y C T RE L (NEW) PARCE (NEW) W) LOT 134A 164D 19,113 SF/0.4388 AC (OPEN SPACE) OPERTY LINE 9,341 SF/ HM 0.2145 AC HEREBY VACATED LOT 9 N26*21'21"W LOT 133A 83.79' LOT 8 PROPERTY %; HEREBY CREA LOT 132A LOT 7 Og At 971, ING LOT 4 5 4266 PG 5 IvA514p400A BOUNDARY LINE ADJUSTMENT �pyTH op LOT 134 & OPEN SPACE PARCEL 164C RAVEN POINTE C-L SECTION 5 CORY X HAYNES 11P- INSTRUMENT# 040014266 No. 2" 39 SHAWNEE MAGISTERIAL DISTRICT jj FREDERICK COUNTY, \ARGINIA SCALE: 1" - 60' DATE: APRIL 27. 2006 Patton Harris Rust & Associates pc Engineers. Surveyors. Planners. Landscape Architects. GRAPHIC SC 30 eo 120 117 East Plocadilly Street, Suite 200 PH RA Winchester, Virginia 22601 IN FM T 540.667.2139 1 inch - so ft- JL JL F 540,665.0493 e CD c.a VIRGIN-5A: FRFDE.RICK CCUN Y.SCT. Ibis instrument of wntin; was produced to me on 3-t3•n� ai 10.cSCi � and with ceriilieate acknCw ledocinent thereto annexed wiL; udmined to record. Ta_K imposed by Sec. 58.1-802 of l-P, and 55.1-801 have been paid, if assessable. *k64'e 10 Clerk APPLICATION• +� BOUNDARY ADJUSTMENT ►" wi ti OR iT CONSOLIDATIO Applicant/Agent: O-,, 'O Address: wl E (' i cco' , Phone Number: Owner's Name (if different from applicant): Address: Phone Number: PARCEL INFORMATION (Check One) Boundary Line Adjustment: ✓ Lot Consolidation: Zoning District: Property Location (please give State Route # and name, distance and direction from intersection): opt-3•S-�b� _C��l -� -i3Z Magisterial District: W e- r1 5 S{xir s t (n4A 1 o t l 3 5 oq i kA U Lot l3-6 oft, �� i �4$ W+ t3(o oin SPc c e C(uq E Property Identification Number (P.I.N.): r_ r 134 o s a c. 11� L 13-1 n SQ"-L-e 4 (4 F (Parent Tract) Frederick County Department of Entered, into the BLAI pread Sheet 907 North Kent Street • A P I1 Phone: (540) 665-5651 jeed �2ecorded Plat. O:LLuuf U. AopFomda—dary Li.. A4j .., o, Loa Con:vGdaovv applip[ion.� +- r 1 r Rcvixd 01P27/05 { r t DEED OF EASEMENT Exempt from recordation taxes under §58.1-801 pursuant to Section 58.1-811(A)(3) THIS DEED OF EASEMENT, made and dated this day of 2008, by and between GARY W. FOACE, party of the first part, hereinafter called the Grantor(s), and the COUNTY 091, REDERICK VIRG ("County"), hereinafter called the Grantee. WITNES JI WHEREAS, Grantor(s) is the fee as Lot 134A, located in the Raven Pointe Frederick County, Virginia, said attached hereto and made a part >[' e owner of a certain" ertair t of land identified ;ubd : "_, 'Qn, Knee Magist ``1. District, being mores: , icularly described on Exhibit A, b etw e ° 4sidences-i Ra Wing an" � en Pointe subdivisions; ,. pa AS, in w anc e purposes of the Open Space Land Act, Title 10.1, Chapter " of the Cods Virgin 1950, as amended, in order to protect woodland and other enviro tal fea , the Grantor(s) is willing to grant a perpetual woodland preservation easemen ent") over the Property, on the terms and conditions hereinafter set forth; and WHEREAS, the County is authorized by the Open Space Land Act to accept, hold, and administer easements, and possesses the authority to accept and is willing to accept the Easement under the terms and conditions hereinafter set forth; NOW THEREFORE, for good and valuable consideration, receipt of which all parties acknowledge, and in consideration of the mutual covenants, terms, conditions, and restrictions hereinafter set forth, the Grantors) hereby grants and conveys to the Grantee a perpetual woodland preservation easement ("Easement") over the 7,113 square foot portion of the Property denoted by the designation "Raven Pointe Woodland Preserve Easement" on the plat attached hereto. The Easement area, in conjunction with easement(s) of same name on adjacent properties, such easements collectively to be known as the "Raven Pointe Woodland Preserve Easement" is hereby subject, in perpetuity, to the following terms, conditions, and restrictions: land. This Easement is perpetual. It is an easement in gross and runs with the 2. The Property shall not be divided or subdivided in any manner except for property line adjustments with other property subject to the Raven Pointe Woodland Preserve Easement. 3. No permanent or temporary building or structure shall be erected or constructed on the portion of the Property denoted by the designation "Raven Pointe Woodland Preserve Easement" on the plat attached hereto. 4. No grading or earth removal is permitted on the property if it will materially diminish or impair the conservation values protected by the Easement. 5. General Tenns: (a) Although the Easement in gross will benefit the public in ways recited above, nothing herein shall be construed to convey a right to the public of access or use of the Property. The Grantor(s), its successors and assigns, retains the exclusive right to such access and use, subject to the terms of the Easement. (b) The Easement shall be construed to promote the purposes of the Virginia Open Space Land Act, the Virginia Conservation Easement Act, the Comprehensive Plan of Frederick County, and the conservation purposes of the Easement. (c) If any provision of the Easement is determined to be invalid by a court of competent jurisdiction, the remainder of the Easement shall not be affected thereby. (d) The terms of the Easement shall inure to the benefit of, and be binding upon, the parties hereto, their agents, successors, and assigns. (e) The Grantee, by its execution of this d of Easement, does hereby accept the conveyance of the Easement as set forth hex (f) The Grantee and its represen s mli� enter the property from time y: to time, upon 30 days written notice to the Gr (s), for the urpose of inspections and enforcement of the terms of the Ease ` ?, (g) The Grantor(s), its succe andgns shall n the Grantee in writing within 60 days followin :ansfer or s e property. WITNESS the following si d seals. STATE CITY/C My Commission s acknowledged before me this ARY W. PRICE, Grantor. NOTARY PUBLIC (SEAL) COUNTY OF FREDERICK, VIRGINIIA By (SEAL) Chairman, Board of Supervisors (Grantee) APPROVED AS TO FORM: County Attorney STATE OF VIRGINIA, At -Large CITY/COUNTY OF , TO -WIT The foregoing document was acknowledged before me this _ , 2008, by Board of Supervisors, County of Frederick, Virginia, Grantee. My Commission expires NOTARY PUBLIC _ day of who is the Chairman, � � I AREA TABULATION 64C-3-5-164C 16.454 SF 0.3778 AC PORTION OF LOT 138 I I 64G-3-5-1640 —7,113 SF—f1.t633 AC (NEW) PARCEL 16Q 9,341 SF 0.2145 AC _ 54G-3-5-134 12,000 SF 0.2755 AC PORTION OF 1 64G-3--5-164C -1-7.113 SF +0.1633 AC (NEW) LOT 134A 19.113 SF 0.4388 AC LOT 12 ' t It LOT 137 N2117'31"W 29.77' (91 LOT 11 1 � � � ` LOT 136 � ` � Air 0 th C13 O 0, ,n \ �i 0 a 13 LOT 135 �` ` \ 2'� 2 LOT 10 Z �:i-occsiz` va PROPERTY UNE 6' tV�J HEREBY CREATED- 0 CC NEW PARCEr x ( ) (NEW) LOT 1 �4A � 1 164D ��,! ` 19,113 SF/0.4388 AC (OPEN SPACE) CIPERTY LINE 9,341 SF/ �—HEREBY VACATED 0.2145 AC LOT 9 N2621'21"W 1 ` LOT 133A \ \ a\\ LOT 8 HPROPERTY EREBY CREATE LOT 132A LOT 7 ! ^ ' ` \ I tor Rq s r7g C17O WING. - Rp,VEN-"ON 5 971, C LOT 4 SEC , 4266 PG 45 / 4 \ IN510400 r pYTH oip''k. G t3 CORY M. HAYNES No. 2539 �i�Z7f O% GRAPHIC SCALE o ac eo ,zo ( IN FEET ) 1 inch - 60 ft. I — BOUNDARY LINE ADJUSTMENT LOT 134 & OPEN SPACE PARCEL 164C RAVEN POINTE SECTION 5 INSTRUMENTif 040014266 m SHAWNEE MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA SCALE. 1" — 60' DATE: APRIL 27, 2D06 Patton Harris Rust $ Associates,pe Engineers. Surveyors. Planners. Landscape Architects. Winchester, Fast Piccadilly \fIr2260treet. Suite 200 13mf-Z,+A wnchesler, Vrginia 22601 T 540.667.21$9 F 540.665.0493 eu n d// Mgel FILE COPY COUNTY of FREDERICK Department of Planning and Development 5401665-5651 FAX: 540/ 665-6395 October 8, 2008 Lon and Valerie Kramer 116 Killaney Court Winchester, Virginia 22602 RE: Recent Acquisition of a Portion of Adjacent Open Space Parcel Property Identification Number (PIN): 65G-3-5-135 116 Killaney Court Dear Mr. and Mrs. Kramer: It has been ibrought to the County's attention that the recent expansion of your lot on Killaney Court may have impacted the Raven Pointe Subdivision's open space and woodland preservation efforts. As such, I would request an opportunity to meet with you to review the history behind the open space and woodland preservation efforts for your neighborhood, and the possibility of implementing a woodland preservation easement to further these environmental preservation efforts. Mature trees and landscaping enhance a community's image and protecting these resources is worthwhile. Trees are aesthetically pleasing and are suggested to promote increased real estate values by as much as 15 percent. They increase home energy efficiency through shading and cooling, filter air pollution, buffer noise and wind, and provide wildlife habitat as well as pleasant visual relief. It is envisioned that if an easement were established, its purpose would be solely for the promotion and preservation of the healthy, established woodlands. Application of woodland maintenance practices would be appropriate and would enable a property owner to remove disease -infested trees and underbrush vegetation should the owner elect to do so. I should note that any effort to promote woodland preservation is a voluntary effort, and as such the County is requesting your participation. 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 Mr. and Mrs. Kramer Re: 116 Killaney Court October 8, 2008 Page 2 In an effort to further the woodland preservation efforts, the County is requesting that the property owners who recently absorbed portions of the open space parcel establish a woodland preservation easement. Please contact me so that we might further discuss this woodland preservation effort. Sincerely, eran ��O Zoning and Subdivision Administrator ERUMRC>bad cc: Gene Fisher, Shawnee District Supervisor Eric Lawrence, Planning Director Glaize Development, Inc., PO Box 888, Winchester, VA 22604 Attachments: Boundary Line Adjustment Plat, Recorded March 13, 2008 Mr. and Mrs. Kramer Re: 116 Killaney Court October 8, 2008 Page 3 Background In the late 1990s, a Master Development Plan (MDP) for The Ravens development was submitted to the County by the owner of 270 acres. After review of the proposal, the County approved the MDP on March 2, 2000. This approval enabled the property's owner to proceed through the Subdivision Design Plan (SDP) process for the projects now know as the RavenWing and Raven Pointe Subdivisions. This approved Master Development Plan and subsequent Subdivision Design Plan identified locations for planned roads and residential lots, and more importantly, for today's discussion — locations for open space and environmental feature preservation. Environmental features included steep slopes and woodlands. Much of the time, preservation of environmental features were preserved by placement of same within a development's open space areas. This approved MDP and SDP identled open space to be located to the rear of what resulted as your lot on Killaney Court. This open space parcel was created when the Raven Pointe, Section 5, residential lots were created. After the open space parcel was created, and the residential lots transferred to home builders and home owners, it was determined that the open space parcel was accidentally created without proper accessibility — it was land locked. The resolution of this access issue was to abandon the open space parcel, and transfer ownership to the six adjacent Raven Pointe property owners. As evidenced by deed research, on March 13, 2008, a boundary line adjustment plat was recorded with the Clerk of the Court which resulted in the enlargement of your property by approximately 5,121 square feet. This 5,121 square foot addition was absorbed from a woodland parcel designated as open space for the Raven Pointe Subdivision. i ^ COMMONWEALTH OF VIRGINIA ME :.�1. ..• _. ��_ JIB A,i 44 ^_ � - _. .�A. .. .__ .-.. U7. f x I s' k - 1 i THIS DEED OF BOUNDARY LINE ADJUSTMENT AGREEMENT made and dated this ka day of OCR b-eA 2007, by and between GLAIZE DEVELOPMENTS, INCORPORATED, A Virginia Corporation, of the one part, hereinafter referred to as "Glaize," and LON T. KRAMER and VALERIE H. KRAMER.. his wife, of the second part, hereinafter referred to as "Kramer." WHEREAS, Glaize is the owner of that certain parcel of land located in Shawnee Magisterial District, Frederick County, Virginia, containing 9,341 square feet, as shown on that certain plat of Boundary Line Adjustment made by Cory M. Haynes, Land Surveyor, dated April 27, 2006, attached hereto and incorporated herein, being a portion of the same property acquired by Glaize, by deed recorded in the aforesaid Clerk's Office as Instrument No. 020009612 (TAX MAP NUMBER 64G-3-5-164A); and, WHEREAS, Kramer is the owner of that certain parcel of land located in Shawnee District, Frederick County, Virginia, containing 12,000 square feet, as shown on that certain plat of Boundary Line Adjustment made by Cory M. Haynes, Land Surveyor, dated April 27, 2006, attached hereto and incorporated herein, being a portion of the same property acquired by Kramer by deed recorded in the aforesaid Clerk's Office as Instrument No. 050009898 (TAX MAP NUMBER 64G-3-5-135); and, WHEREAS, the parties hereto desire to adjust their respective boundary lines, as more particularly set forth hereafter. ,RRISON 6 JOHNSTON, ATTORNEYS AT UAW WINCHESTER. VIRMNIA C) NOW, THEREFORE, WMESSETH: That for and in consideration of the sum of Ten Dollars ($10.00) cash in hand paid, and the premises and the benefits which will accrue by reason of this agreement, the parties hereto do make the following boundary line adjustments: 1. That certain area of land owned by Glaize containing 5,121 square feet and more particularly described on that certain plat of Boundary Line Adjustment made by Cory M. Haynes, L.S., dated April 27, 2006, attached hereto and by reference made a part hereof, shall be conveyed to Kramer, in fee simple with Special Warranty of Title, and merged with and become a part of the 12,000 square -foot parcel owned by Kramer which will result in Kramer's parcel of land containing 17,121 square feet, and the Glaize parcel of land containing 4,220 square feet. 2. That the boundary lines, as adjusted, and shown on the aforesaid attached plat, shall constitute the true and correct boundary lines of the parties hereto, and Glaize does hereby remise, remit and convey all of its right, title and interest in and to that certain area of land conveyed as set forth herein. MISON & JOHNSTON.PLCI ATTORNEYS) LAW WINCHESTER. VIRGINM Co 0 _r- ui CD 0 X7 US •y... P .� WITNESS the following signatures and seals: GLAIZE DEVELOPMENTS, INCORPORATED A Virginia Corporation By: jd� (SEAL) SEEN AND ACCEPTED THIS DAY OF 2007. (SEAL) Lon T. Kra (SEAL) Valerie H. Kramer COMMONWEALTH OF VIRGINIA AT LARGE CITY/GAi3N•Ti' OF\A+vcl-,&zVw, To -wit: The foregoing instrument was acknowledged before me this p� day of c1roba}- , 2007 by ..V , 1°. Q "t as V.c c_ xorc>%aG, .k- of Glaize Developments, Incorporated, a Virginia Corporation, on behalf of said Corporation. ..My commission eX lleS rl�'3 0 A..:IA E.�IWAMIE Notary PubNe ems` Notary Public 0ommisSkXI EzpMes Jul Sl. 2tlOs COMMONWEACTR (F7MZMIA AT LARGE CITY/e9UNff*OF To -wit: The foregoing instrument was acknowledged before me this \;�' day of �¢�al^.rtA , 2007 by Lon T. Kramer and Valerie H. Kramer, his wife. '- My commission expires ee �• _ _ Notary Public { i A►QITA E. MARKF.E �.1� NotOtV Pubpo AFUSON &'JOH TO1Sru COMMO % a VkgWft ATTORNEYS AT tISKf"`•t. WINCHESTER. VIROINIA GNU comet rplpA ppp Jul 31, am t VICINITY MAP 'ALE: 1" = 1000' APPROVED BY: � '� FREDERICK COUNTY SUBDIVISION ADMINISTRATOR DATE ///I/ f 1. FREDERICK COUNTY PINS: 64G-3-5-164D & 64G-3-5-135 (NOTE: PIN 64G-3-5-165D WAS ORIGINALLY PIN 64G-3-5-164A). 2. UNLESS OTHERWISE NOTED; BOUNDARY (64G-3-5-135), EASEMENTS AND MERIDIAN SHOWN HEREIN ARE AS DEPICTED ON THE FINAL SUBDIVISION PLAT FOR RAVEN POINTE, SECTION 5 RECORDED WITH THE DEED OF DEDICATION IN INSTRUMENT #040014266. BOUNDARY (64G-3-5-164D) IS AS DEPICTED ON THE BOUNDARY LINE ADJUSTMENT RECORDED CONTEMPORANEOUS WITH THIS DOCUMENT. 3. PURSUANT TO AN EXAMINATION OF HUD FLOOD INSURANCE RATE MAP, COMMUNITY PANEL NO.510063 0115 B WITH AN EFFECTIVE DATE OF JULY 17, 1978, THIS PROPERTY LIES IN ZONE "C" (AREAS OF MINIMAL FLOODING). 4. THIS PLAT WAS PREPARED WITHOUT BENEFIT OF A TITLE REPORT. 5. LOT CORNERS TO BE SET IN ACCORDANCE WITH FREDERICK COUNTY AND COMMONWEALTH OF VIRGINIA REGULATIONS. SURVEYOR'S CERTIFICATE I, CORY M. HAYNES, A DULY LICENSED LAND SURVEYOR IN THE COMMONWEALTH OF VIRGINIA, HEREBY CERTIFY, TO THE BEST OF MY KNOWLEDGE AND BELIEF, THAT THE PROPERTIES CONTAINED IN THIS BOUNDARY LINE ADJUSTMENT ARE PORTIONS OF THE SAME PROPERTIES CONVEYED TO GLAIZE DEVELOPMENTS, INC. BY DEED RECORDED AT INST.# 020008672 (PIN 64G-3-5-164D) AND TO LON T. KRAMER AND VALERIE H. KRAMER AT INST.# 050009898 (PIN 64G-3-5-135), BOTH AMONG THE LAND RECORDS OF FREDERICK COUNTY, VIRGINIA, BOUNDARY LINE ADJUSTMENT H op LOT 135 & OPEN SPACE PARCEL 164D A, t-r�� RAVEN POINTE s .� SECTION 5 m o INSTRUMENT# 040014266 U CORY M. IiAl'NES SHAWNEE MAGISTERIAL DISTRICT No. 2539 FREDERICK COUNTY, VIRGINIA < 4jz7106 SCALE N/A DATE: APRIL 27, 2006 Patton H arris Rust & Associates'pc �9 O4 Planners. Landscape Architects. Engineers. Surveyors. Sf7 117 East Piccadilly Street, Suite 2.00 Pw A+ Winchester. Virginia 22601 T 540.667,2139 i F 540.865.0493 SHEET 1 OF 2 � LOT 138 I i ' LOT 137 � l LOT 12 I � 1 � 1 i N21 `17'31"W 1 Lam; �\ 29.77 ��,, ` J t 3. LOT t 1 t�jt I t LOT 136 La. �' PROPERTY LINE�,,HEREBY CREATED � d'►O \a1 „fig"E � � LOT 10 A AREA TABULATION 640-3-5-164D 9,341 SF 0.2145 AC PORTION OF 64G-3-5-164D - BF AC (N PARCEL 164E --0,1176 4,220 SF 0.0969 AC 64G-3-5-135 12,000 SF 0.2755 AC PORTION OF 64G-3-5-1640 +{121 IF +(- 76 AC (NEW) LOT 135A 17,121 SF 0.3931 AC (NEW) PARCELS �,,,.,51�(NEW) LOT 135A 164E ,17,121 SF/0.3931 AC mERTY LINE Z ff Ljoy� (OPEN 20 SF/SPACE) 1` HEREBY VACCAiTEDD �� o �? 0 _ 0.0969 z �_ � W t� 1 266 \ �� OCPO PROPERTY LINE T 134A \ LOT 9 \ FIEREBY CREATED / t Nam\ Z LOT 133A p LOT 8 Z►— �� o t \ tea\ LOT 132A LOT 7 COTS 131 « \ SF� N GNIN� EVEN PO1N 5 Oe 971, pC 8 LOT a i �01 BOUNDARY LINE ADJUSTMENT pyTH of LOT 135 & OPEN SPACE PARCEL 164D �-�.. RAVEN POINTE SECTION 5 ' CORY M. 11AYNES 9 INSTRUMENT# 040014266 No. 2539 SHAWNEE MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA 4127/04 SCALE: 1' = 60` DATE: APRIL 27, 2006 ,e.q�, Patton Harris Rust & Associates,pe Engineers. Surveyors. Planners. GRAPHIC SCALE Landscape Architects. so so izo Fast Piccadilly Street, Suite 200 u-- � I L Winchester, Virginia i + Winchester, Virginia 22601 0 ( IN FEET) T 540.667.2139 � 1 Inch = 60 ft. F 540,665.0493 SHFFT 7 nF VIRGINI IA: rREDERICKCOUNITY.SCi`. This;nstrumenL of writing vas produced to me on at 1 6. bb I)M and with certificate acknowledgement thereto annexed was admiucd to record. Tax imposed by Sec. 58.1-802 of and 58.1-801 have been paid, if assessable. �� I" �-.%� (1 ,Clerk APPLICATIONFOR 0 OR LOT CONSOLIDATION BOUNDARY LINE ADJUSTMENT Applicant/Agent: O-v-e.C) o(�Ton S Address: w1 c n(-VA-y �c,. Phone Number: Owner's Name (if different from applicant): Address: Phone Number: PARCEL INFORMATION (Check One) Boundary Line Adjustment: '-/ Lot Consolidation: Zoning District: Property Location (please give State Route # and name, distance and direction from intersection): Coo -3-5 - i bct - (act -3 - i3z Magisterial District: � �"� ��- L-oti3a Qp-n Vic. - i(AA UJ k2�5 �, Yes its D L'xt33 e (lo fF W� �3(� opzr s'QGc`e )LMF Property Identification Number (P.I.N.): L! 134 , s vzc e t lob C LOT 13-1 04M S,fe_ca i (' (Parent Tract) Frederick County Departmer Entered into IK� F3LA/i,+�Spread Sheet l '� 107 North Kent Street Phone: (540) 665-56' v eed - '-{cRe �oiqcd Plat O:ril vrU.APPle[.piioioFos9auMrY Lnc Mpw. or LCofdionaPld Red 01r7/05 pit-"�-�-✓ V DEED OF EASEMENT Exempt from recordation taxes under §58.1-801 pursuant to Section 58.1-811(A)(3) THIS DEED OF EASEMENT, made and dated this day of 12008, by and between LON T. R MER AND VALERIE H. KRAMER, parties of the first part, hereinafter calle e Grantor(s), and the COUNTY OF FREDERICK, VIRGINIA, ("County"), he er ta,',d the Grantee. REAS, in fi 10.1, Chapter, �.of the C and other environmental preservation easement C- hereinafter set forth; and owner of a certain kha of land identified subdi%'` n, knee MagisfMffDistrict, 14 s, being in %`rticularly described on Exhibit A, ion .Prop t as forestal, natural, and portion of the Property contains trees Ravens development and is Pointe subdivisions; is rythe purposes of the Open Space Land Act, Title Virgiia, 1950, as amended, in order to protect woodland the Grantor(s) is willing to grant a perpetual woodland ;nt") over the Property, on the terms and conditions WHEREAS, the County is authorized by the Open Space Land Act to accept, hold, and administer easements, and possesses the authority to accept and is willing to accept the Easement under the terms and conditions hereinafter set forth; NOW THEREFORE, for good and valuable consideration, receipt of which all parties acknowledge, and in consideration of the mutual covenants, terms, conditions, and restrictions hereinafter set faith, the Grantor(s) hereby grants and conveys to the Grantee a perpetual woodland preservation easement ("Easement") over the 5,121 square foot portion of the Property denoted by the designation "Raven Pointe Woodland Preserve Easement" on the plat attached hereto. The Easement area, in conjunction with easement(s) of same name on adjacent properties, such easements collectively to be known as the "Raven Pointe Woodland Preserve Easement" is hereby subject, in perpetuity, to the following terms, conditions, and restrictions: land. This Easement is perpetual. It is an easement in gross and runs with the 2. The Property shall not be divided or subdivided in any manner except for property line adjustments with other property subject to the Raven Pointe Woodland Preserve Easement. 3. No permanent or temporary building or structure shall be erected or constructed on the portion of the Property denoted by the designation "Raven Pointe Woodland Preserve Easement" on the plat attached hereto. 4. No grading or earth removal is permitted on the property if it will materially diminish or impair the conservation values protected by the Easement. 5. General Terms: (a) Although the Easement in gross will benefit the public in ways recited above, nothing herein shall be construed to convey a right to the public of access or use of the Property. The Grantor(s), its successors and assigns, retains the exclusive right to such access and use, subject to the terms of the Easement. (b) The Easement shall be construed to promote the purposes of the Virginia Open Space Land Act, the Virginia Conservation Easement Act, the Comprehensive Plan of Frederick County, and the conservation purposes of the Easement. 4 (c) If any provision of the Easement is determined to be invalid by a court of competent jurisdiction, the remainder of the Easement shall not be affected thereby. (d) The terms of the Easement shall inure to the benefit of, and be binding upon, the parties hereto, their agents, successors, and assigns. (e) The Grantee, by its execution of this d of Easement, does hereby accept the conveyance of the Easement as set forth (f) The Grantee and its rf to time, upon 30 days written notice to the and enforcement of the terms of the Easert (g) The Grantor(s), its writing within 60 days following WITNESS the following si the properly from time )urpose of inspections shall property. the Grantee in LON T. KRAMER By (SEAL) HOME OWNER (Grantor) VALERIE H. KRAMER By (SEAL) HOME OWNER (Grantor) STATE OF VIRGINIA CITY/COUNTY OF , TO -WIT The foregoing document was acknowledged before me this day of , 2008, by LON T. KRAMER and VALERIE H. KRAMER, Grantor. My Commission expires NOTARY PUBLIC COUNTY OF FREDERICK, VIRGINIA Lo APPROVED AS TO FORM: County Attorney STATE OF VIRGINIA, At -Large CITY/COUNTY OF The foregoing document was Board of Super �,iso SEAL) Chairman, Board of Supervisors (Grantee) _ day of who is the Chairman, I AREA TABULATION t ! 64G-3-5-164D 9,341 SF 0.2145 AC LOT 138 PORTION OF ' 64G-3-5-164D -5.121 SF -0,1176 AC (kM PARCEL 164E 4,220 SF 0.0969 AC 64G-3-5-135 12,0DO SF 0.2755 AC PORTION OF 64G-3-5-164D +5.121 SF +0.1176 A i LOT 137 (NEW) LOT 135A 17.121 SF 0.3931 AC LOT 12Lh 1 t N21'17'31"W y' �Z\ 29.77' CD N ca + LOT 136 zy LOT 11 j 1 ' PROPERTY LINE p \�. ,HEREBY CREATED N i VN � p', ,�S LOT 10 i i2Op\ N_ (NEW) PARCEL' �56 , t (NEW) LOT 135A 164E 5 t17,121 SF/0.3931 AC z D NE (OPEN SPACE) �'"�HEREBYAD O \ , o �a_ O 4,220 SF/ Z ' O 0.0969 AC Nr� k\PROPERTY LOT 134A H�YLINE LOT 9 `�/�` CREATED / , ` \ Z� d I LOT 133A �p°�' T LOT ii QNON m t N\ t\ LOT 132A LOT 7 I yt R L0T 5 1 - - - -1 LOT ,31 �. SEN WINCpvEN Q 5 Dg 97j�WVE �C �$ SLOT 4 t\ �l STp14266 BOUNDARY LINE ADJUSTMENT p,TH 0A, LOT 135 & OPEN SPACE PARCEL 164D RAVEN POINTE SECTION 5 �.i�. M CORYNo. INSTRUMENTif 040014266 2539 SHAWNEE MAGISTERIAL DISTRICT '=' 1z 7 jo FREDERICK COUNTY, VIRGINIA SCALE. 1' — 60' DATE: APRIL 27, 2006 r Patton Harris Rust & Associates,pc A" _� , 04 Engineers. Surveyors. Planners. Londsccpe Architects. s r GRAPHIC SCALE:.;;+;"�:+� 117 Fast Piccadilly Street, Suite 200 -�� P"+A Winchester, Virginia 22601 T 540.667.2139 ( IN FEET � 1 inch = 60 ftF 540.665.0493 SHEET 2 0 FILE COPY COUNTY of FREDERICK a Department of Planning and Development 540/665-5651 FAX: 540/ 665-6395 October 8, 2008 Carl and Elena Stubbert 122 Killaney Court Winchester, Virginia 22602 RE: Recent Acquisition of a Portion of Adjacent Open Space Parcel Property Identification Number (PIN): 65G-3-5-132 122 Killaney Court Dear Mr. and Mrs. Stubbert: It has been brought to the County's attention that the recent expansion of your lot on Killaney Court may have impacted the Raven Pointe Subdivision's open space and woodland preservation efforts. As such, I would request an opportunity to meet with you to review the history behind the open space and woodland preservation efforts for your neighborhood, and the possibility of implementing a woodland preservation easement to further these environmental preservation efforts. Mature trees and landscaping enhance a community's image and protecting these resources is worthwhile. Trees are aesthetically pleasing and are suggested to promote increased real estate values by as much as 15 percent. They increase home energy efficiency through shading and cooling, filter air pollution, buffer noise and wind, and provide wildlife habitat as well as pleasant visual relief. It is envisioned that if an easement were established, its purpose would be solely for the promotion and preservation of the healthy, established woodlands. Application of woodland maintenance practices would be appropriate and would enable a property owner to remove disease -infested trees and underbrush vegetation should the owner elect to do so. I should note that any effort to promote woodland preservation is a voluntary effort, and as such the County is requesting your participation. 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 u Mr. and Mrs. Carl Stubbert Re: 122 Killaney Court October 8, 2008 Page 2 In an effort to further the woodland preservation efforts, the County is requesting that the property owners who recently absorbed portions of the open space parcel establish a woodland preservation easement. Please contact me so that we might further discuss this woodland preservation effort. Sincerely, Mark Cheran Zoning and Subdivision Administrator ERUMRC/bad cc: Gene Fisher, Shawnee District Supervisor Eric Lawrence, Planning Director Glaize Development, Inc., PO Box 888, Winchester, VA 22604 Attachments: Boundary Line Adjustment Plat, Recorded March 13, 2008 Mr. and Mrs. Carl Stubbert Re: 122 Killaney Court October 8, 2008 Page j Background In the late 1990s, a Master Development Plan (MDP) for The Ravens development was submitted to the County by the owner of 270 acres. After review of the proposal, the County approved the MDP on March 2, 2000. This approval enabled the property's owner to proceed through the Subdivision Design Plan (SDP) process for the projects now know as the RavenWing and Raven Pointe Subdivisions. This approved Master Development Plan and subsequent Subdivision Design Plan identified locations for planned roads and residential lots; and more importantly, for today's discussion — locations for open space and environmental feature preservation. Environmental features included steep slopes and woodlands. Much of the time, preservation of environmental features were preserved by placement of same within a development's open space areas. This approved MDP and SDP identified open space to be located to the rear of what resulted as your lot on Killaney Court. This open space parcel was created when the Raven Pointe, Section 5, residential lots were created. After the open space parcel was created, and the residential lots transferred to home builders and home owners, it was determined that the open space parcel was accidentally created without proper accessibility — it was land locked. The resolution of this access issue was to abandon the open space parcel, and transfer ownership to the six adjacent Raven Pointe property owners. As evidenced by deed research, on March 13, 2008, a boundary line adjustment plat was recorded with the Clerk of the Court which resulted in the enlargement of your property by approximately 5,007 square feet. This 5,007 square foot addition was absorbed from a woodland parcel designated as open space for the Raven Pointe Subdivision. r coMMoxwsalzx of viRGnvu (" r - c t r- .4• i O C7 THIS DEED OF BOUNDARY LINE ADJUSTMENT AGREEMENT made and dated this 41 day of_() C-a� vu , 2007, by and between GLARE DEVELOPMENTS, INCORPORATED, A Virginia Corporation, of the one part, 4: and ELENA G. STUBBERT�j hereinafter referred to as "Glaize," and CARL L. STUBBERT, of the second part, hereinafter referred to as "Stubbert." WHEREAS, Glaize is the owner of that certain parcel of land located in Shawnee Magisterial District, Frederick County, Virginia, containing.30,593) square feet, as shown on that certain plat of Boundary Line Adjustment made by Cory M. Haynes, Land Surveyor, dated April 27, 2006, attached hereto and incorporated herein, being a portion of the same property acquired by Glaize, by deed recorded in the aforesaid Clerk's Office as Instrument No. 020008672 (TAX MAP NUMBER 64G-3-5- 164A); and, WHEREAS, Stubbert is the owner of that certain parcel of land located in Shawnee District, Frederick County, Virginia, containing 14,813 square feet, as shown on that certain plat of Boundary Line Adjustment made by Cory M. Haynes, Land Surveyor, dated April 27, 2006, attached hereto and incorporated herein, being a portion of the same property acquired by Stubbert by deed recorded in the aforesaid Clerk's Office as Instrument No. 050005857 (TAX MAP NUMBER 64G-3-5-132); and, WHEREAS, the parties hereto desire to adjust their respective boundary lines, as more particularly set forth hereafter. RRISON & JOHNSTON, ATTORNEYS ATLAW WNCHESTER. VIRGWIA a �o 1 V �i NOW, THEREFORE, WITNESSETH: That for and in consideration of the sum of Ten Dollars ($1.0.00) cash in hand paid, and the premises and the benefits which will accrue by reason of this agreement, the parties hereto do make the following boundary line adjustments: 1. That certain area of land.owned by Glaize containing 5,.007 square feet and more particularly described on that certain plat of Boundary Line Adjustment made by Cory M. Haynes, L.S., dated April 27, 2006, attached hereto and by reference made a part hereof, shall be conveyed to Stubbert, in fee simple with Special Warranty of Title, and merged with and become a part of the 14,813 square -foot parcel owned by Stubbeil which will result in Stubbert's parcel of land containing 19,820 square feet, and the Glaize parcel of land containing 25,586 square feet. 2. That the boundary lines, as adjusted, and shown on the aforesaid attached plat, shall constitute the true and correct boundary lines of the parties hereto, and Glaize does hereby remise, remit and convey all of its right, tide and interest in and to that certain area of land conveyed as set forth herein. RRISON & JONNSTON.KC ATTCRNM AT LAW WNCKSTM %MMM A CD 0 N WITNESS the following signatures and seals: GLAIZE DEVELOPMENTS, INCORPORATED A Virginia Corporation By: 4v" &`— (SEAL) SEEN AND ACCEPTED THIS T4"' DAY OF .2007. ( SEAL) Elena G. COMMONWEALTH OF VIRGINIA AT LARI CITY/e15b d7 'F OF Va «caw. • ; To -wit: The foregoing instrument was acknowledged before me this `64A' day of QC�rc1a+�. , 2007 by .) a %, -, f . Cat t as \j ,, c,s._ Pre t Ldc}- of Glaize Developments, Incorporated, a Virginia Corporation, on behalf of said Corporation. My commission expires �,, \., 's 2 ce $ ANITA E. MARKLE Notary PWIIC Coalmorlweotth of yam Notary Public 139"4 COMMONWEALTH OF VIRGINIA AT LARGE . I. i:- "'I'l CITY .C^ OF \,� ,,,.%,.,\r, , To -wit: The foregoing instrument was acknowledged before me this day of %m , 2007 by Carl L. Stubbert. and Elena G. Stubbe:rt. My commission expires c�.+\`3 3 l ZFao '3 Notary Public RRISON & JQHNSTON,PLC ATTORNEY§XTLAW ANtTA 6. MMXU WINCHESTER, MROINIA No" PUblic CalnMe onwea th of virowad ' `13tbi4 M11t Conrmlaloll 4llpitM .Wl 41. 90" LJ VICINITY MAP SCALE: 1" a 1000' APPROVED BY: FREDERICK COUNTY SUBDIVISION ADMINISTRATOR DATE NOTES: 1. FREDERICK COUNTY PINS: 64G-3-5-164tA & 64G-3-5-132 2. UNLESS OTHERWISE NOTED; BOUNDARY, EASEMENTS AND MERIDIAN SHOWN HEREIN ARE AS DEPICTED ON THE FINAL SUBDIVISION PLAT FOR RAVEN POINTE, SECTION 5 RECORDED WITH THE DEED OF DEDICATION IN INSTRUMENT #040014266. 3. PURSUANT TO AN EXAMINATION OF HUD FLOOD INSURANCE RATE MAP, COMMUNITY PANEL NO.:510063 0115 B WITH AN EFFECTIVE DATE OF JULY 17, 1978, THIS PROPERTY LIES IN ZONE 'C' (AREAS OF MINIMAL FLOODING). 4. THIS PLAT WAS PREPARED WITHOUT BENEFIT OF A TITLE REPORT. 5. LOT CORNERS TO BE SET IN ACCORDANCE WITH FREDERICK COUNTY AND COMMONWEALTH OF VIRGINIA REGULATIONS. SURVEYOR'S CERTIFICATE I, CORY M. HAYNES, A DULY LICENSED LAND SURVEYOR IN THE COMMONWEALTH OF VIRGINIA, HEREBY CERTIFY, TO THE BEST OF MY KNOWLEDGE AND BELIEF, THAT THE PROPERTIES CONTAINED IN THIS BOUNDARY LINE ADJUSTMENT ARE PORTIONS OF THE SAME PROPERTIES CONVEYED TO GLAIZE DEVELOPMENTS, INC. BY DEED RECORDED AT INSL# 020.008672 (PIN 64G-3-5-164A) AND TO CARL L. STUBBERT & ELENA G. STUBBERT AT INST.# 050005756 (PIN 64G-3-5-132), BOTH AMONG THE LAND RECORDS OF FREDERICK COUNTY, VIRGINIA. BOUNDARY LINE ADJUSTMENT .,,'pyTH o�: LOT 132 & OPEN SPACE PARCEL 164A ' �. �... RAVEN SECTION 5� U CORY M. HlIYNES INSTRUMENT# 040014266 No. 2H& SHAWNEE MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA "'E�Z7Io6 SCALE. N/A DATE. APRIL 27, 2006 Patton Harris Rust & Adscape tes,pc YY17 Engineers. Surveyors. Planners. Landscape Architects. 117 East Piccadilly Sheet, Suite 200 Winchester, ...P Winchester, Virginia 22601 T 540.667.2139 F 640.665.0493 SHEET 1 OF 2 CURVE TABLE CURVE RADIUS DELTA LENGTH TANGENT I BEARING CHORD Cl 35.00' 1 47'36'41" 1 29.08' 1 15.44' 1 S1.9'50'22"E 28.25' 'C2. 54.00' 1 36'22'05" 1 34.g8' I 17.7,V I S14 3'04"E 33.70' *AS NOW COMPUTED s4G-3-5-16�AREA TABULATION S0.7023 AC t PORTION OF 1 64G-3-5-164A — —0,1149 AC LOT 72 i t NEW) PARCEL 164E 25,586 SF 0.5874 AC LOT 137 , 64G-3-5-132 14,813 SF 0.3401 AC N21"17'31'W PORTIOOF M-3N5-164A +5.007 SF +0.1149 AC 29.77' { ' ' �1 (NEW) LOT 132A 19,820 SF 0.4550 AC SO LOT 11 ' LOT 136 y I VIA t � �i6'�' / LOT 135 LOT 10 C& L � LO �0 3 Z d N ` �.� � LOT 9 Z �2 LOT 134 O .0 ©� ` 00 O NlL�� wUrn� G co -----= (NEW) PARCEL 164g\ LOT 133 (OPEN SPACE) \ 0,- 25,586 SF/ tS W LOT 8 0.5874 AC \ ��ti ��62 \ p PROPERTY UNE HEREBY CREATED n N 91 *o4'Ss"w \ (NEW) LOT 132A 36.96 9 \ \ 19,820 SF/0.4550 AC LOT 7 `�------PROPERTY UNE N HEREBY VACATED LorRA �CIV W 557.35�53OT 131— \\DS ECTlpv'4C VEC1 p 5 977, P� 1 / SLOT 4�� R �ST#0400A4266 BOUNDARY LINE ADJUSTMENT �pyTH 0 LOT 132 & OPEN SPACE PARCEL 164A o� RAVEN POINTE SECTION 5 HAYNES 9 INSTRUMENT# 040014266 COKY M. No. 2HA SHAWNEE MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA �27�c6 SCALE. 1" = 60' DATE: APRIL 27. 2006 1 , Patton Harris Rust & Associates,pc Engineers. Surveyors. Planners. Landscape Architects. r� GRAPHIC SCALE �� 117 East Piccadilly Street, Suite 200 Winchester. Virginia 22601 c T 540.667.2139 i ( IN FEET' 1 inch = 60 ft. F 540.665.0493 SHEET 2 OF 2 r VIRGINIA: FREDERICK COUNTY.SCL This instrument of writing was produced to me on at ot �M and 16lih thereto annexed v-as rcL%)rd. Tux imposed hy See. 58.1-802 of S NIA , and 53.1-801 have Ix en paid, if assessable. -- 4'M4 /0 "--� , Clerk APPLICATION FOR +wit: BOUNDARY ADJUSTMENT 0tiL�ti OR LOT CONSOLIDATION Applicant/Agent: hall-10- oulm- Address: 'Wl Phone Number: Owner's Name (if different from applicant): Address: Phone Number: PARCEL INFORMATION (Check One) Boundary Line Adjustment: IL/ Lot Consolidation: Zoning District: Property Location (please rove State Route 4 and name, distance and direction from intersection): Magisterial District:IS ` Cot 13 9—U,Foci �� itctiA � + ,3`� C• :,1 <,, �.< ; wA Property Identification Number (P.I.N.): i „t a3y t,,x,. �. V l� � d t l3`i . , (Parent Tract) s Frederick County Department j, pt p 407 North Kent Street Phone: (540) 665-565? O:LLaod U. Appr=tomVpkz9ioo Poo-Oo-dvy Uw Adjuanwm or La Cov.—Wa iw applic Ki imd 0142,105 Enterfdothe Z -Spread Sheet 42 1- Nee ec rdeP i�-1cl' , Patton Harris Rust & Associates Engineers. Surveyors. Planners. Landscape Architects. Piccocl ly P"R+ l Wincheste34r, iI22601 F 540.665.0493 Transmittal To: Ms. Mark Cheran OrganizationlCompany: Frederick County Planning Dept. Address: Date: 03/ 11 /08 From: Lori Adams for Cory Haynes Project NamelSubjeet: Raven Pointe, Sec 5 Open Space BLAB Via: Hand delivery Intemal Project File #: 12561-1-0 Quantity File # Date Description Transmitted Signing Fee Check for 6 BT.As ® Herewith 1 03/11 /0S (Lots 132-137 & Open Space) ❑ Under separate cover Material Z Originals ❑ Photocopies ❑ Diskette ❑ Shop Drawings ❑ Mylar ❑ Ozalid Prints ❑ Invoice ❑ Sepia Purpose ❑ Your Use ❑ Your Files Notes: ® Approval Please do not hesitate to call if you have any questions. ❑ Please Return: signed Plats ❑ Please Submit: Revised Prints Received by: Date: Patton Harris Rust & Associates Engineers. Surveyors. Planners. Landscape Architects. Pu117 East Piccadilly Street A+A � l Winchester:. VA 22601 T 540.667.2139 F 540.665.0493 To: Organization/Company: Address: Mr. Mark Chemn Frederick County Planning Dept. Transmittal Date: 03/ 11 /08 From: Lori Adams for Cory Haynes Project Name/Subject: Raven Pointe, Sec 5 Open Space BLAs Via: Hand delivery Intemal Project File#: 12561-1-0 Quantity File # Date Description Transmitted Signing Fee Check for 6 BLAs Herewith ] 03/11/08 (Lots 132-137 & Open Space) ❑ Under separate cover Material ® Originals ❑ Photocopies ❑ Diskette ❑ Shop Drawings ❑ Mylar ❑ Ozalid Prints ❑ Invoice ❑ Sepia Purpose ❑ Your Use ❑ Your Files Notes: ® approval Please do not hesitate to call: if you haw any questions. ❑ Please Return: Signed Picts ❑ Please Submit: Revised Prints Received by: Date: Patton Harris Rust & Associates Engineers. Surveyors. Planners. Landscape Architects. ` Pp� , j� 117 East Piccadilly Street l�( �„ Winchester, VA 22601 T 540.667.2139 F 540.665.0493 Transmittal To: Mr. Mark Cheran Organization/Company: rrederick County Planning Dept. Address: Date: 02/25/08 From: Lori Adams for Crory Haynes Project Name/Subject; Raven Pointe, See 5 Open Space BLAB Via: Hand delivery Internal Project File #: 12561-1-0 Quantity File # Date Description Transmitted 1256113I. A BLA Plat (ORIGINAL.) Raven Pointe, ® Herewith I -t.)r 132.dwg 04/27/06 Lot 132 & executed Deed (COPY) Under separate cover 125611LA BLA Plat 1 !!ORIGINAL) Raven Pointe, 1 1,ot 133.dwg 04/27/06 I:ot 133 & executed Deed (COPY Material 12561BI A RLA Plat (ORIGINAL.) Raven Pointe, ® Originals I -t.ot 134.dwg 04/27/06 Lot 134 & executed Deed (COPY) ® Photocopies 1256131.A BLA Plat (()RIG.INAI) Raven Pointe, ❑ Diskette 7 •I_o( 135.dwg 04/27/06 Lot 135 & executed Deed (COP)) ❑ Shop Drawings 12561BI.A BLA Plat (ORIGINAL) Raven Pointe, ❑ Mylar 1 -tot 136.dw-; 04/27/06 Lot 136 & executed Deed (COP)o ❑ Ozalid Prints 12561BLA BLA Plat (ORIGINAL) Raven Pointe, ❑ Invoice 1 .1.c,r 137.dw,, 04/27/06 1,ot 137 & executed Deed (('OPY) ❑ Sepia Copy of Co Comments memo 1 --- --- (02/04/08) Purpose Notes: For sigmatures per discussion witli lion Mislowskv. Please do not hesitate to call if you have anv questions. Cc: jP Carr (Response letter &- transmittal only) Received by: Date: ❑ Your Use ❑ Your Files ® Approval Please Return 6 Signed Picts ❑ Please Submit: Revised Rink Y DEED OF EASEMENT Exempt from recordation taxes under §58.1-801 pursuant to Section 58.1-811(A)(3) THIS DEED OF EASEMENT, made and dated this , 2008, by and between CARL of the first part, hereinafter called the Grantor(s), an, VIRGINIA, ("County"), hereinafter called the Gr WITNE WHEREAS, Grantor(s) is the fee as Lot 132A, located in the Raven Pointe subd—B Frederick County, Virginia, said pri"'erty,being attached hereto and made apart hereof; (the pT WHEREAS, ag&quare foot, portion 10.1, and other the preservation easemen hereinafter set forth; and 007 sq day of t n: j?, owner of a certain n, nee Magi nore particularly des party of land identified District, on Exhibit A, he Prop .,,has forestal, natural, and UP portion of the Property contains trees is located within ne Ravens development and is Wing and Raven Pointe subdivisions; ice of the purposes of the Open Space Land Act, Title Virgin , 1950, as amended, in order to protect woodland the Grantor(s) is willing to grant a perpetual woodland over the Property, on the terms and conditions WHEREAS, the County is authorized by the Open Space Land Act to accept, hold, and administer easements, and possesses the authority to accept and is willing to accept the Easement under the terms and conditions hereinafter set forth; NOW THEREFORE, for good and valuable consideration, receipt of which all parties acknowledge, and in consideration of the mutual covenants, terms, conditions, and restrictions hereinafter set forth, the Grantor(s) hereby grants and conveys to the Grantee a perpetual woodland preservation easement ("Easement") over the 5,007 square foot portion of the Property denoted by the designation "Raven Pointe Woodland Preserve Easement" on the plat attached hereto. The Easement area, in conjunction with easement(s) of same name on adjacent properties, such easements collectively to be known as the "Raven Pointe Woodland Preserve Easement" is hereby subject, in perpetuity, to the following terms, conditions, and restrictions: land. This Easement is perpetual. It is an easement in gross and runs with the 2. The Property shall not be divided or subdivided in any manner except for property line adjustments with other property subject to the Raven Pointe Woodland Preserve Easement. 3. No permanent or temporary building or structure shall be erected or constructed on the portion of the Property denoted by the designation "Raven Pointe Woodland Preserve Easement" on the plat attached hereto. 4. No grading or earth removal is permitted on the property if it will materially diminish or impair the conservation values protected by the Easement. 5. General Terms: (a) Although the Easement in gross will benefit the public in ways recited above, nothing herein shall be construed to convey a right to the public of access or use of the Property. The Grantor(s), its successors and assigns, retains the exclusive right to such access and use, subject to the terms of the Easement. (b) The Easement shall be construed to promote the purposes of the Virginia Open Space Land Act, the Virginia Conservation Easement Act, the Comprehensive Plan of Frederick County, and the conservation purposes of the Easement. (c) If any provision of the Easement is determined to be invalid by a court of competent jurisdiction, the remainder of the Easement shall not be affected thereby. (d) The terms of the Easement shall inure to the benefit of, and be binding upon, the parties hereto, their agents, successors, and assigns. (e) The Grantee, by its execution of thisk Wd of Easement, does hereby accept the conveyance of the Easement as set forth (f) The Grantee and its rE to time, upon 30 days written notice to the and enforcement of the terms of the Easen (g) The Grantor(s), its writing within 60 days following any tr WITNESS the following signat STATE OF VIRGINIA CITY/COUNTY OF s), for and A STUBBERT the property from time of inspections shall rice. the Grantee in property. By HOME OWNER (Grantor) TO -WIT The foregoing document was acknowledged before me this day of , 2008, by CARL AND ELENA STUBBERT, Grantor. My Commission expires (SEAL) (SEAL) NOTARY PUBLIC COUNTY OF FREDERICK, VIRGINIA LIZ APPROVED AS TO FORM: County Attorney STATE OF VIRGINIA, At -Large CITY/COUNTY OF The foregoing document w; , 2008, by Board of Supervisors, County of My (SEA-) Chairman, Board of Supervisors (Grantee) this NOTARY PUBLIC day nor who is the Chairman, CURVE TABLE CURVE RADIUS DELTA I LENGTH I TANGENT I BEARING CHORD C1 35.00' 4735'41" 1 29.08' 1 15.44' S19'S0'22"E 28.25' `C2. 54.D0' 1 36'22'05" 1 34.28' 1 17.74' SY 4'13'04'E 33.70' *AS NOW COMPUTED 1 64G-3-5-164AA EA 3ABUL SFON 0.7023 AC PORTION OF LOT 12 j i ' t 64G-3-5-164A —5.007 SF—0,1149 AC 1 t (NEW} PARCEL 164E 25,586 SF 0.5874 AC LOT 137 64G-3-5-132 14,813 SF 013401 AC N21 17'31 "W ' MON OF 644GG--3-5-164A +5.007 97 +0,1149 AC 29.77' 1 ' i (NEW) )LOT 132A 19,820 SF 0.4550 AC t LOT 11 t LOT 136 t o -Ap � N l 1 LO _ \ �` LOT 0 Oyoa LOT 1J5 .c6 ZU1-� cs Z 0 N �i� LOT 134CL O LOT 9 n Zt-r Z\ 000 p 7�, o �zp (NEW) PARCEL 164B\ z \ LOT 133 � (OPEN SPACE) 9 OPEN SF/ \ is LOT 8 i 0.5874 AC PROPERTY LINE \ HEREBY CREATED n N19'04'S6"W"w ,�.�2,2� \ (NEW) LOT 132A \ 36.96 19,820 SF/0.4550 AC ROPERTY LINE tv LOT 7 ' _ 143 \ HEREBY VACATED Soo! g=W 1 \ T 5,30T 3 W 124 42 \. s 35' R EC£N N 55 LN pg 9C /pt\ 1C , RPS CSIC)N ss LOT 4 7, PG 45 / \ `�ST#04p0�42 BOUNDARY LINE ADJUSTMENT �p1,TH of LOT 132 & OPEN SPACE PARCEL 164A RAVEN POINTE �.� SECTION 5 o v CORYNES '25�399 9t INSTRUMENT# 040014266 No SHAWNEE MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA ��27fo� L SCALE: 1" = 60' DATE APRIL 27, 2006 Patton Harris Rust & Associates,pc Engineers, Surveyors Planners. Landscope Architects, D GRAPHICSCALE ,m 117EastPiccadilly Street,Suits 200 .+. Winchester. Virginia 22601 0 ( , , T 540.667.2139 i 1 inch = 60 ft F 540.665.0493 SHEET 2 OF 2 7) kavc, -C =; L X�P �� APPLICATION FOR BOUNDARY LINE ADJUSTMENT OR LOT CONSOLIDATION Applicant(Agent 13',rn LWq,'FQ0,(y\ CiV1tX73) w Address: zcx 103 Phone Number: Owner's Name Of different from mlicants Af G4-JL C Address: Phone Number: PARCEL INFORMATION (Check One) Boundary Line Adjustment: J Lot Consolidation: Zoning District: Property Location (please give State Route # and name, distance and direction from intersection): Entered into t e L pr!!d. Seet f Planning and Development Winchester, VA 22601 Bled plat Fax (640) 665-6396 Document Approval Form PLEASE REVIEW TBE ATTACHED DOCUMENT: 7 THIS DOCMENT MEETS YOUR APPROVAL PLEASE INITIAL AND PROVIDE THE DATE AND TIME OF YOUR APPROVAL. IF THIS DOCUMENT DOES NOT MEET YOUR APPROVAL PLEASE PROVIDE COADIENTSAS TO WILAT YOU WOULD LISE TO HAVE COIKPLETED. WrIALS DATE & TIME Candice Bernie Susan Eric Mike Kevin John CON MENTS: Received by Clerical Staff (Date & Time): P S Q %6y- VICINITY MAP SCALE: 1" = 1,000' APPROVED BY: ��%�� i2 FREDERICK COUNTY SUBDIVISION ADMINISTRATO mod' DATE, � NOTES: 1. UNLESS OTHERWISE NOTED; BOUNDARY, EASEMENTS AND MERIDIAN SHOWN HEREIN ARE AS DEPICTED ON THE FINAL SUBDIVISION PLAT FOR SHERANDO TOWNE CENTRE RECORDED WITH THE DEED OF DEDICATION IN INSTRUMENT #050015751. 2. THIS PLAT WAS PREPARED WITHOUT BENEFIT OF A TITLE REPORT 3. LOTS 2 AND 3 ARE SUBJECT TO THE RESTRICTIONS, COVENANTS AND OTHER MATTERS AS DEDICATED IN THE DEED OF DEDICATION RECORDED AS INST #050015751. 4. LOT CORNERS TO BE SET IN ACCORDANCE WITH FREDERICK COUNTY AND COMMONWEALTH OF VIRGINIA REGULATIONS. SURVEYOR'S CERTIFICATE I, CORY M. HAYNES, A DULY LICENSED LAND SURVEYOR IN THE COMMONWEALTH OF VIRGINIA, HEREBY CERTIFY, TO THE BEST OF MY KNOWLEDGE AND BELIEF, THAT THE PROPERTY CONTAINED IN THIS BOUNDARY LINE ADJUSTMENT IS A PORTION OF THE SAME PROPERTY CONVEYED TO SHERANDO TOWNE CENTRE, L.C. BY DEED RECORDED AT INSTRUMENT NO. 040016844 (LOT 2, PIN 86—A-120D) AND TO 3MILLERS, L.L.C. BY DEED RECORDED AT INSTRUMENT No_ 050017909 (LOT 3, PIN 86—A-102E), BOTH AMONG THE LAND RECORDS OF FREDERICK COUNTY, VIRGINIA. fpj,TH CORY M. HAYNES 9 No. 2539 BOUNDARY LINE ADJUSTMENT LOT 2 & LOT 3 SHERANDO TOWNE CENTRE INSTRUMENT #050015751 OPEQUON MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA SCALE: AS SHOWN DATE: SEPTEMBER 15, 2005 REVISED: JAN. 27, 2006 PATTON HARRIS RUST & ASSOCIATES A PROFESSIONAL CORPORATION CONSULTING ENGINEERING - LAND SURVEYING - PLANNING 117 E. PICCADILLY STREET, WINCHESTER, VIRGINIA 22601 (540) 667-2139 SHEET 1 OF 2 I AREA SUMMARY TOTAL AREA IN LOTS; 3.8300 ACRES NUMBER OF LOTS: 2 PARENT PARCELS: LOT 2, 86-A-1020, ZONED 8-2 LOT 3: 86-A-102E, ZONED B-2 LOT 2. 1.9266 ACRES (ORIGINAL) - 0.3938 ACRES TO LOT 3 LOT 2: 1.5328 ACRES (NEW) LOT 3: 1.9034 ACRES (ORIGINAL) + 0.3938 ACRES FROM LOT 2 LOT 3: 2.2972 ACRES (NEW) CURVE TABLE �URVE I RADIUS I DELTA I LENGTH I TANGENT I BEARING I CHORD ell 1 6689,79' 1 1 '36'22" 1 187.50! 1 93.76' 1 N7737'1 S*W 1 187.49 LINE TABLE LINE BEARING LENUTF— Ll' S5815!45'E 120.01' L2, N7S*3S44W 32.3S L3! S12'51'19'W 74.63' L4 '41*E 35,50' / / / 20' WATER LOT 5 ESMT 2 20' WATER ESMT. 20' STORM 0 8 DRAIN. ESMT. 20' WATER *S79*1772F 18.12' ESMT. 't 1 50' ZONING DISTRICT BUFFER PROPERTY LINE LOT 2 cy HEREBY VACATED niQD im 1.5328 Ac. /�'Qv/ IRV 0 z !6 LOT 3 lz 12972 Ac. / J// 3 C lAll 2 20' STORM 0' STORM C.) DRAIN, ESMT. 5 EIRL*L4 DRAIN. ESMT. 5L'-QRL N781o'S, N8115'18 " WW 198-56' L2 Cl 11.79' ROUTE 277 FAIRFAX PIKE T.M. 86-A-110 R/W VARIES NDIANA KAY TEETS FOLEY & MELANIE GAY TEETS STEWART *PROPERTY LINES INST. #010000777 HEREBY CREATED !ooff"H �O ZONE: RP ),ITH BOUNDARY LINE ADJUSTMENT LOT 2 & LOT 3 SHERANDO TOWNE CENTRE kA- INSTRUMENT #050015751 " TH 0 M. OPEQUON MAGISTERIAL DISTRICT CORY M. HAYNES FREDERICK COUNTY, VIRGINIA GRAPHIC SCALE 0Nol.2539 SCALE. 1" - 100' DATE: SEPTEMBER 15. 2005 REVISED: JAN. 27, 2006 so 100 200 PATTON HARRIS RUST & ASSOCIATES A PROFESSIONAL CORPORATION CONSULTING ENGINEERING — LAND SURVEYING — PLANNING 1 117 E. PICCADILLY STREET, VANCHESTER, VIRGINIA 22601 1 inch - 100 ft. (540) 667-2139 SHEET 2 OF 2 46 APPLICATION FOR BOUNDARY LINE ADJUSTMENT OR LOT CONSOLIDATION Applicant/Agent Address: Phone Number: Owner's Name Cif different from Wh—c Address: 5 Phone Number: PARCEL INFORMATION (Check One) Boundary Line Adjustment: Lot Consolidation: Zoning District: (please givl Spte_Poute # and name, distance and direction from intersection): Magisterial District: Property Identification Number (P.I.N.): ,?t4 —,4 — /0 X � 16 (Parent Tract) f Spread Sheet A Planning and Development Winchester, VA 22601 Fax: (640) 665-6395 06001451$ Consideration: None Grantee's address: 420 West Jubal Early Drive # 103, Winchester, Va. 22601 Map No. 86-A-102 E and 86-A 120E THUS DEED, made and dated this ,._..0 day of April, 2006, by 3MILLERS, L.L.C., a Virginia limited liability .company, hereinafter called the Grantor, parry of the first part; SHERANDO TOWNE CENTRE, L.G., a Virginia limited 'liability company, hereinafter called the Grantee, party of the second part; FIRST BANK and PIMP E. GROVES, Sole Acting Trustee, parties of the third part. wITNESSETEL WHEREAS, the party of the first part and the party of the second part are owners of two adjoining tracts of land, bearing Frederick County, Virginia, located in Opequon Magisterial District, Frederick County, Virginia, and they desire to adjust the boundary line between their lands; and, WHEREAS, the parties have caused the land to be surveyed by Cory M. Haynes, L. S., a plat of which survey dated April 17, 2006 is attached hereto and made a part of this deed: and, WHEREAS, the party of the first part and the party of the second part agree that the true and correct boundary lines between their respective lands are as shown on said plat. WHEREAS, by Deed of Trust dated August 10, 2005, of record in said clerk's office as Instrameint No. 60017910, 3Millers, L.L.C. conveyed Lot 3 to Philip E. Groves, Trustee, in trust, to secure an obligation as set forth therein and who joins in the. execution hererof at the direction of First Bank, as indicated by the bank's execution of this instrument, to indicate the trustee's assent to this boundary line adjustment. NOW, THEREFORE, in consideration of the premises, the said party of the first part does hereby agree that said lines between the parcels as shown on 0 p _s said attached plat are the true and correct boundary lines between the lands of the parties, and does hereby grant and convey with general warranty and English covenants of title unto the said party of the second part. Grantee, in fee simple, all its right, title and interest in and to that certain parcel of Iand. containing 01W acre as shown on said plat. AND, in consideration of the premises, the said party of the second part does hereby agree that said lines between the parcels are the true and correct boundary lines between the lands of the parties. Reference is hereby made to the aforesaid instruments and the references therein contained for more particular descriptions of the property hereby conveyed. This conveyance is made subject to all easements, rights of way and restrictions of record affecting the subject property. WUNESS THE FOLLOWING SIGNATURES AND SEALS: t (SEAL) DAVID B L D . n ` Member SH!76o TOWNE CENTRE, L.C. XK (SEA WILLIAM W. MILLER, Jr., Managing Member 3MILLERS, L.L.C. f 2.(SEAL) GROVES, Trustee t 4 (SEAL) for FIRST ANK M STATE OF VIRGINIA CITY Of WINCHESTER, to -wit: Acknowledged before me this 67 day of April, 2006, by David B. Holliday, Manager, Sherando Towne Centre, L.C. NOTARY"L' My commission expires; STATE OF VIRGINIA CITY OF WINCHESTER, to -wit: 2006 s;f Acknowledged before me this efXk, day of April, , by William W. Miller, Jr., Manager, 3Millers, L.L.C. NOTARY My commission a STATE OF VIRGINIA CITY OF WINCHESTER, to -wit: Acknowledged before me this , day of April,. by Philip E. Groves Trustee. U NOTARY -PUBLIC My commission expires` r 0 '3,1c .o STATE OF VIRGINIA CITY OF WINCHESTER, to -wit: Acknowledged before me this �"U day of April, Y1W, by 2006 Earl W. For"M , who is Senior Vice P"Oop at of First Bank, on behalf of the bank.. NOTARYPUBLIC Arita L. Kerns My commission expires: 11/30/2007 VICINITY MAP SCALE: 1" = 1,000' APPROVED BY; FREDERICK COUNTY SUBDIVISION ADMINISTRATOR ✓ ^" /� -- DATE '�.J,t-0 NOTES. 1. UNLESS OTHERWISE NOTED; BOUNDARY (FOR LOT 5), EASEMENTS AND MERIDIAN SHOWN HEREIN ARE AS DEPICTED ON THE FINAL SUBDIVISION PLAT FOR SHERANDO TOWNE CENTRE RECORDED WITH THE DEED OF DEDICATION IN INSTRUMENT #050015751. LOT 3 BOUNDARY is AS DEPICTED ON THE BOUNDARY LINE ADJUSTMENT PLAT RECORDED WITri THE DEED IN INSTRUMENT #060006079. 2. THIS PLAT WAS PREPARED WITHOUT BENEFIT OF A TITLE REPORT, 3. LOTS 3 AND 5 ARE SUBJECT TO THE RESTRICTIONS, COVENANTS AND OTHER MATTERS AS DEDICATED IN THE DEED OF DEDICATION RECORDED AS INST #050015751. 4. LOT CORNERS TO BE SET IN ACCORDANCE WITH FREDERICK COUNTY AND COMMONWEALTH OF VIRGINIA REGULATIONS. CURVE TABLE CURVE RADIUS DELTA I LENGTH I TANGENT BEARING CHORD Cl 668&79' 1'36'22" 187.50' 93.76' N77`37'15"W 187.49' C2 955.00' 11'28'11" 191.18' 95.91' S41'54'56'"W 190.86, NOTE: C2 IS AS NOW COMPUTED SURVEYOR'S CERTIFICATE I, CORY M. HAYNES, A DULY LICENSED LAND SURVEYOR IN THE COMMONWEALTH OF VIRGINIA, HEREBY CERTIFY, TO THE BEST OF MY KNOWLEDGE AND BELIEF, THAT THE PROPERTY CONTAINED IN THIS BOUNDARY LINE ADJUSTMENT IS A PORTION OF THE SAME PROPERTY CONVEYED TO 3MILLERS, L.L.C. BY DEED RECORDED AT INSTRUMENT No. 050017909 (LOT 3, PIN 86-A-102E; ADJUSTED AT INSTRUMENT No. 060006079) AND SHERANDO TOWNE CENTRE, L.C. BY DEED RECORDED AT INSTRUMENT NO, 040016844 (LOT 5, PIN 86—A-120G), ALL AMONG THE LAND RECORDS OF FREDERICK COUNTY, VIRGINIA. LINE TABLE LINE BEARING LENGTH L1 S58'15'4 " 120.01' L2 $12'51'19"W 35.02' L3 S12'51'19'"W 74.63' L4 S77'08'41"E 35.50' LS N47'39'01"E 91.93, �f� Qt4 BOUNDARY LINE ADJUSTMENT - CENTRE SHERANDO TOWNE CORY M. HAYNES a INSTRUMENT #050015751 No. 2539 INSTRUMENT #060006079 OPEQUON MAGISTERIAL. DISTRICT FREDERICK COUNTY, VIRGINIA SCALE: 1" = 100' DATE: APRIL 17, 2006 �9 SUR�4 PATTON HARRIS RUST & ASSOCIATES A PROFESSIONAL CORPORATION CONSULTING ENGINEERING - LAND SURVEYING - PLANNING 117 E. PICCADILLY STREET, MNC NESTER, VIRGINIA 22601 (540) 667-2139 SHEET 1 OF 2 b p b AREA SUMMARY TOTAL AREA IN LOTS: 7,0960 ACRES NUMBER OF LOTS: 2 PARENT PARCELS: LOT 3: 86—A-102E, ZONED 8-2 LOT 5: 86—A-1020, ZONED B-2 �► C LOT 4 f SrORM A pR'tN ,.FsMr I 7 a � COT 3: 2.2972 ACRES (INST #060006079) =o).Za — 0.2043 ACRES TO LOT 5 LOT 3: 2.0929 ACRES (NEW) — z & O 0. m I z `pV Op,10Q LOT 5: 4.7988 ACRES (ORIGINAL) zz a 2i + 0.2043 ACRES FROM LOT 3 LOT 5: 5,0031 ACRES (NEW) l ca PIN 86D-1-96'' (OPEN SPACE) 24� 1g2. O.BA762, PCH174AN©CSI �G E^ Q Oa - vo Q,A *PROPERTY MINES HEREBY CREATED +� SORB ARP\N LOT 5 sp 5.0031 Ac. 11 o5fl sae$5� 13 inco LOT 3 2.0929 Ac. OFFPX Rt�S —�+Q Foy- Rc it R1Ny �� 86,PIIV ss lE Alta �( f OPNLE gO�0 ROB & �A�- t�S'f ;�N�'• p �p,TH O;W BOUNDARY LINE ADJUSTMENT Gf &°E{S'�NTRE o SHERANDID INSTRUMENT 50015 51 INSTRUMENT 060006079 OPE9UON MAGISTERIAL DISTRICT TFREDERICK GRAPHIC SCALESCALE: COUNTY, VIRGINIA t" - 100' DATE, APRIL 17, 2006 UNo.2539 s0 100 2WPATTON HARRIS RUST & ASSOCIATES A PROFESSIONAL C012PORA YINNSULTINC ENgNE£WNG -LAND 3t.tRVE'riNG -PLANNING 17 E. PICCADILLY STREET, 4ANCHESTtR, 'ARGINIA 22601 1 inch - 100 ff-(540) 667-2139 SHEET 2 OF 2 7P, C, W CD CO FREDERICK COUNTUCT. This instrunent orwrhiqpwas produced a m4z on — /4- Y: 0,2 P,114, i;np!'w. «c. 5,1;.j'-S02 of S—I and5S.J-z;Ol have been paid, if assessable. ��O ,-- � ,tea tT'APPLICATION FOR BOUNDARY LINE ADJUSTMENT OR LOT CONSOLIDATION Address: Elcckolz--t-y S Phone Number: Owner's Name (if different from aRRlic Address: �L 7 8 YA:::L- Phone Number: PARCEL INFORMATION (Check One) Boundary Line Adjustment: Lot Consolidation: Zoning Districta.- V Location (please give State Route # an(�name, distance and directioq from 14:5- Magisterial District: I E, Property Identification Number (P.I.N.): 7 3 A- - TS X (Parent Tract) **,**,F&,.0 fc r e �7sq, Y� 4.14 wxn mel 0* Thee urir enelasee by o applicant Receiv6dbyl, Date Ente d 1 ve t �2 th BL pread. Sheet 17V'7 7 ,N; r1aafto'n Harris Rust & Associates Engineers. Surveyors. Planners, Landscape Architects. 117 East Piccadilly Street Winchester, VA 22401 T 540.667;2139 F 540.665.0493 Transmittal To: Organization/Company: Address- Telepftm Number: Mr. Mark Cheran Frederick County Dept of Planning & Zoning Date: 07\11\07 From: _Lori Adams for Cary Hanes Project Name Subject: Glaize-\Batberio Via: —Hand delivered Internal Project File#: 14934-1-0 Quantity File # Date Description 14934M Revised (ORIGINALS) BLA, 6 BLAlC.dwg 7/11/07 Calvary Church of the Brethren --- 6/27/07 Copy of VDOT Approval Letter 1 07/05/07 _ Copy of comments memo Original BLA Application form tturnin LZ per request) 1 Original Receipt (returning per request) Notes: For your approval and signature. I have added the BILL, for Premier Place and Route # label per out discussion. Out client has decided ' not to show the proposed future R/W for Tevis St. at this point. They would like us to mention that their contract with the Church trustees will expire at the end of this week, so if this plat is not finalized & recorded the County will have to negotiate for the R/W directly with the Church trustees at a later date. Please do not hesitate to call myself or Steve Pettler (client's attny @ 540- 667-1266) if you have any questions, Transmitted Herewith 0 Under separate cover Material Z Originals 0 Photocopies n Diskette El Shop DravAngs n Mylar El Ozalid Prints 171 Invoice 0 sepia Purpose 171 Your Use El Your Files 0 Approval 0 Please Return: RECEIPT DATE`S �- � ��; Na. 141 RECEIVED FROM ADDRESS VLl F; rrL� � DOLLARS $ � QFOR RENT Lip y ` > , { D�oR 1 ACCOUNT� HOW PAID • .. i BY RECEIPT DATE �� .�;� � � No. 714 RECEIVED FROM CA _ - ADDRESS DOLLARS QFOR= RENT QF(i ACCOUNT HOW PAID • � Bi''1�c>.;. 600 Quarrier Street Charleston, West Virginia 25301 (304) 347-1100 101 South Queen Street Martinsburg, West Virginia 2501 (304) 263-0836 7000 Hampton Center, Suite K Morgantown, Was t Virginia 26505 (304) 2015-25960 Claire A. Daugherty Telephone— (540) 7234877 Facsimile — (540) 450-1535 Frederick County Dept of Planning & Development 107 N. Kent St. Winchester, VA 22601 Dear Sir: lip YN BovAes mce McDAvm (;MPF & Low it r, 480 West Juba[ Early Drive Sulte 130 Winchester, Virginia 22601 (540)723.8877 www.bowlesrice.com August 27, 2007 Re: Calvary Church of the Brethren 333 West Vine Street, Suite 1700 Lexington, Kentucky 40507-1639 (859) 252-2202 Sth Floor, United Square 601 Avery Street Parkersburg, West Virginia 26101 (304) 485-8500 E-Mail Address: cadaugherty@bowlesrice,com Enclosed please find a copy of the deed and plat for the property sold by the Calvary Church of the Brethren to FLG Residual trust Properties, LLC and Campfield, LLC per your request. Sincerely, Claire A. Daugherty Paralegal/Legal Secretary Enclosure V 001, V 8 L THM BOUNDARY LINE AXiJ`fiSTMENT AN.0 DEED OF CONVEMCE made and dated this ;t day of August, 2007, by and between !HE JUSUES Q CALVARY CHURCH OF THE BRETI=—N, of the one part, hereinafter referred to as the "Trustees," and FLG R]_SIDUAL TRUST PROPERTIES, L.L.C., a Virginia C4 "I limited liability company, and CAMPF ELD, LLC, a.Virginia limited liability company, P Yf of the second part, hereinafter referred to as "FLG /Campfield." 41 c WHEREAS, The Trustees are the owners of these certain parcels of land located in Frederick County, Virginia; designated as Tax Map PIN 64B-A=73, containing 8.4479 acres, 0 more or less, and Tax Map PIN 64B-A-73A containing 0 3981 acres, more or less, as shown ao on that certain plat entitled "Boundary Line Adjustment Between Properties of the Trustees f the Calvary Church of the Brethren" prepared by Cary M. Haynes, L.S., dated July 11, c c� 007 and=attached hereto; and a WHEREAS, Calvary Church wishes to adjust its boundary lines and convey a portion of the property containing,1.6330 acres, more or less, resulting from the boundary o ine adjustment to FLG /Campfield, as more particularly set forth hereafter; and WHEREAS, by Order entered February 15, 2007 in the Circuit Court of Frederick a� g. County, Virginia in the matter of In re: Calvary -Church of the Brethren, At Law No. 07-85, U C7 Ethe Trustees were appointed, confirmed, and granted authority to execute a deed conveying e 1.6130 acres of property, NOW, THEREFORE, WHNESSETIY, Boundary Line Adjustment The Trustees'herebyagree and acknowledge that the boundary lines, as adjusted, and hewn on the plat entitled "Boundary Line Adjustment Between Properties of the Trustees f the Calvary Church of the Brethren' prepared by Cory M. Haynes, L.S., dated July 11, 007 and attached hereto, shall constitute true and correct boundary lines of the property of ` e Trustees of the Calvary Church of the Brethren. Conw~eyance to FLG / Campfield For and in consideration of the sum of Ten Dollars ($10.00) cash in hand paid, and IIARRISON & JOHNSTON,PLC then good and valuable consideration, the receipt and sufficiency of which is hereby AMRNE`t$ AT LAW MNCHESYER, VIRsINIA Page 1 of 3 lARRISON & JOHNSTON, ATTORNEYS AT LAW WINCHESTER, VIRGINIA the Trustees Hereby grant and convey, with Special Warranty of Title unto RESIDUAL TRUST PROPERTIES, L.L.C. and CAMPFIELD, LLC, in fee simple common, together with all rights, rights of way, privileges and appurtenances thereto belonging the following parcel of land: That certain 1,6330 acre parcel of land owned by the Trustees, designated as Tax Map PIN 64B-A-73B resulting from the boundary line adjustment more particularly described on that certain plat entitled "Boundary, Line Adjustment Between Properties of the Trustees of the Calvary Church of the Brethren" prepared by Cory M. Haynes, L.S., dated July 11, 2007 and attached hereto and by reference made a part hereof. WITNESS the following signatures and seals on the date first above written: THE TRUSTEES OF CALVARY CHURCH OF THE. BRETHREN By i/ d�i C C&-.l,�'...7- &44.,�(SEAL) Trustee I M OF VIRGINIA: AT LARGE /GO#4ffY OF 0 To -wit: The foregoing instrument was acknowledged before me this O day of August, by 9 v%A.ld. E • CA-o "g— Trustee of the Calvary Church of the Brethren. My commission expires ke Notary Public CLAPRE-A. I�AUt3HERTY NOTARY PUBLIC Commonwealth of Virginia Reg. #17 612 "4y Commission Expires Sept. 30, 2009 Page 2 of 3. ATTORNEYS AT LAW WINCHE$TER, ViRONiA )MMONWEALTH OF VIRGINIA: AT LARGE TYfQeEW�ii' OF aLleik, To -wit: The foregoing instrument was acknowledged before me this day of August, , by 4a" X 0, 1�• l�k 11 e'$ , Trustee of the Calvary Church of the Brethren. My commission expires _ CLAIRE A. DAUGHERTY U� NOTARY PUBLIC Mtary Public Commonwea kh of Virginia Reg. 173612 My Commission Expires Sept. 30, 2009 By: it 1cc+t (SEAL) Trustee LTH of VIRGINIA: AT LARGE OF ,�., To -wit: The foregoinginstrument was acknowledged before me this 23 day of August, by Zarcj 4� G ( , Trustee of the Calvary Church of the Brethren. My commission expires 6& atary Publi CLAiRE A. DAUGHEFtTY NOTARY PUBLIC Commonwealth of Virginia Reg. #173612 My Commission Expires Sept. 30, 2009 Page 3 of 3 CD Mit4 CD 4�1 w z < F R E D E RNC K C 0 U N T Y TE AIER PLACE VICINITY MAP SCALE: 1" = 2000' APPROVED BY: FREDERICK COUNTY SUBDIVISION ADMINISTRATOR.,& /Z DATE// ),I NOTES: 1. FREDERICK COUNTY PINS: 648—A-73 dt PIN 64B—A-73A. 2, EXISTING PARCELS (PINS 64B—A-73A & 648—A-72A) NOT SHOWN ON GIS PARCEL MAPPING SERVICE WERE ASSIGNED PINS, BY FREDERICK COUNTY DEPUTY CHIEF ADM REAL ESTATE, 11/21/06, 3. THE PROPERTIES''SHOWN ON THIS PLAT WAS CONVEYED TO TRUSTEES OF THE CALVARY CHURCH OF THE BRETHREN AS FOLLOWS: AS TO PIN 148—A-73; DB 328, FIG 681 AS TO PIN 64B—A-73A, DS 280, P0 87 4. BOUNDARY INFORMATION SHOWN HEREIN IS BASED ON A CURRENT FIELD RUN SURVEY PURSUANT TO INSTRUMENTS OF RECORD HERON REFERENCED. MERIDIAN IS BASED ON A CURRENT FIELD RUN GPS SURVEY WHICH REFERENCES THIS PROJECT TO NAD83, VIRGINIA NORTH ZONE, 5, APPROXIMATE LOCATION OF ZONING LINE SHOWN HEREIN IS BASED ON THE FREDERICK COUNTY ZONING MAP, SHEET 64, DATED NOV. 21, 2006. 6.. EXISTING RIGHT OF WAY FOR ROUTE 522- SHOWN, HEREIN IS BASED ON THAT CERTAIN DEED TO THE COMMONWEALTH OF VIRGINIA RECORDED IN DD 843, PG 34a & HPB 9, PG 357 & 35& 7. THIS PLAT WAS PREPARED WITHOUT BENEFIT OF A TITLE REPORT. 8. PERMANENT MONUMENTAMON WILL BE SET AT ALL LOT CORNERS IN COMPLIANCE WITH COMMONWEALTH OF VIRGINIA AND FREDERICK COUNTY REGULATIONS. 9. THE 20' TEMPORARY CONSTRUCTION EASEMENT SHOWN HEREIN SHALL BECOME NULL AND VOID AT SUCH TIME AS CONSTRUCTION OF A ROAD FOR PUBLIC STREET PURPOSES THROUGH (NEW) PIN 648-A-738 IS COMPLETE AND ACCEPTED FOR MAINTENANCE BY FREDERICK COUNTY OR VDOT. SURVEYOR'S CERTIFICATION: I. CORY M WAYMM A ni [IV I 0 illT H op I . /4e 1 BOUNDARY LINE ADJUSTMENT BETWEEN PROPERTIES OF TRUSTEES OF THE CALVARY CHURCH Ar Iruc or=-n Int-1611 INTERSTATE 81 _,____ ._ ro (R/W VARIES) _ — a ��_ --- 17110 64-A-5 N/F ELKS CLUB OF WINCHESTER, INC. IPF a 9�+3• `' DB 751, PG 973 ZONED: B2 WALNUT USE: RECREATIONAL .,, TREE FND 01�zo (NEW) PIN', 64B—A---73B 64--s 1..E3,30 AC` VF FLG RESIDUAL I 64-A-10 ! TRU RROPERTIES LL.C': 1 N/F RUSSELL 150, LC INST #050028331 INST040026622 AND Zt3NNEt): B2 G *Cl INSTI04OU22471 USE: VACANT, ZONED: M1 FENCE POST FND o USE: VACANT I ferry by 3V TEMPORARY V6 cv t PRIVATE ACCESS ESMT \ INST #07000$205 PP FND . iRF 64-A t0A ZONED. RA :'Z w USE VACANT c y t 1PF voft4 Lu o 64-A-9E aaz s r v1 A z f/ �q n "� (NEW) PIN�, ss, ,Ryj 2 <o0.rg fi4B—A-73 P m c 110 7,2130 AC � IP m Q VDOT MON FND co to z4 It12 8©A PIN 3464E-A-72 VDOT MON FND IRF 4.0 MAG FND L3 V2 co ®rlclseol S), BOUNDARY LINE ADJUSTMENT BETWEEN `. PROPERTIES OF VDOT MON FND lPRi TRUSTEES OF THE vDOT MONMAG FND o�� CALVARY CHURCH OF THE BRETHREN \0 DFFI) RnOK 'Rt1 per.1 R-7 INTERSTATE 81--- (R/w VARIES) CD CD NPo��N w i 64—A-5 N/F ELKS CLUB OF W(NCHESTER, INC. B2 ZONING TABULATION; �. DB 751, PG 973 82 FRONT, PRIMARY/ARTERIAL HIGHWAYS — 50' �USE:ZRECREA11ONAL FRONT, COLLECTOR/MINOR STREETS = 35' SIDE = 0' •. REAR = 0' RP ZONING TA,BUL.A11ON REFERENCE FREDERICK COUNTY ZONING ORDINANCE j §165-65, PARAGRAPH N 1 FRONT = 35' 1 SIDE = 15' REAR = 50' > 64-A-9 N�F FLG RESIDUAL 1 64-A,-10 TRUS PROPERTIES, L»L.C. 1 N/F RUSSELL 150, LC INST #050028331 INST _#0400,26622 AND 2 NED: 82 CAMPFIELD LlC USE- i/ACANT INS1 V�040'022471 ZANED: M1 i USE: VACANT t ! t t t r 30' TEMPORARY PRIVATE ACCESS ESMT l INST #070008205 i k10A TRA VACANT 1 64B-A-72J [p 3 s�l t � �R 64-A-9E c15 oa rn t co BOUNDARY LINE ADJUSTMENT BETWEEN PROPERTIES. OF TRUSTEES OF THE CALVARY CHURCH OF THE BRETHREN DEED BOOK 280, PAGE 87 CURVE TABLE CURVE RADIUS DELTA I LENGTH I TANGENT I BEARING I CHORD -.1.15V21' 42.29' 21.1 V I S39*5244"W 1 42.28! 02 937 30 124,64' 62,411 1 S3,5*07'36"W I 124,55' ADD111ONAL ADJOINERS: 64-A-8 648-A-72 N/F DENNIS E, & N/F TRUSTEES FOR THE BONITA D. LEE JUBILEE CHURCH, D8 390, PG 154 OF THE BRETHREN ZONED, MH1 DB, 165, PG 421 USE: RESIDENTIAL ZONED. RP USE: VACANT 64-A-913, LOT 1 648-A-72A PREMIER PLACE (SEE NOTE 2) DB 865, PG 500 N/F TRUSTEES OF THE 08 945, PG 1677 ZONED: B2 CALVARYCHURCH USE: RESIDENTIAL OF THE BRETHREN DB 280, PG 84 64-A-SC ZONED: RP USE: VACANT LOT 2 PREMIER PLACE 64B-A-80 DS 865, PO 500 DS 945, PG 1577 N/F TRUSTEES OF THE ZONED: 82 CALVARY CHURCH OF THE BRETHREN USE: RESIDENTIAL PARCEL 8 64-A-9D DS 636, PC 407 INST #010012166 LOT 3 PREMIER PLACE DB 865, PG 500 648-A-81 OB 945i PG 15 77 N K&M ENTERPRISES OF F4DERICK ZONED: B2 COUNTY, LI-C, USE RESIDENTIAL INST #0200192919 INST #010012166 64-A-9E LOT 5 PREMIER PLACE 08 .945. PG 1587 ZONED; 82 USE: 60MMMCIAL 64-A-10A N TRUSTEES OF THE CALVARY CHURCH OF THE BRETHREN DB 485, PG 464 _e T �Ho LINE TABLE LINE BEARING LENGT- Ll S6O!'58'j8_"E 255-91' L2 S01'21'42"W 27.85' La S52'03'52"W L4 M'03'52"W 47.0 L5 _ S1.3*05'27"W 117469' L6 S60*51'3,VE 105.41* L7 $00*51'35-W 170.00' L8 5-12'35"W 66.79'1 L9 N62'SI'58"W 96.51, L10 N58'03'43"W 135.35' Lll 1 N62'40*33"W 100.32-' Ll 2 N31*56'17"E 8:07' LEGEND: PIN PARCEL IDENTIFICATION NUMBER DS DEED BOOK HPB HIGHWAY PLAT BOOK PG PAGE INST # INSTRUMENT NUMBER ESMT EASEMENT TEMP TEMPORARY CONST CONSTRUCTION IPF IRON PIPE FOUND IRF IRON ROD FOUND PP PINCH PIPE MON MONUMENT MAG MAGNETIC NAIL FND FOUND N/F NOW OR FORMERLY R/W RIGHT OF WAY VOOT MRGINIA DEPARTMENT OF TRANSPORTATION BOUNDARY LINE ADJUSTMENT BETWEEN PROPERTIES OF TRUSTEES OF THE CALVARY CHURCH OF THE BRETHREN nFFn Rnnv gan DAnC 07 O C? t\7 V RGINIA,: FREDERIC K COUNTY SCr This bstr=ent of writing was produced to me on at / 0 : 00 and with certificate acknowiedgement thereto annexed was admitted to record. Tax imposed by Sec 58.1-80 of $ ' and 58.1-801 have been paid, if`assessable. 4- ew-4 -0, �, -- , Clerk