Loading...
HomeMy WebLinkAbout02-17 Raven Pointe Section 6 Phase 2 PIN 64-A-119 25 Lots Single Family Detached Shawnee - BackfileRECEIPT DATE • J5 RECEIVED FROM ADDRESS 38635 �FOR-•1 i " Aceau►vr _� wraw%QAc�a - �, t' x «-mac Q � _ _ AMT. OF ,'.. ACCO_UNTAMT' _ CASH PAID PAID 'C �p +�i _ (j(j '"� CHECK _ BY _ I ti R (�� BhDUEE _ ORDER '> .. (02001 BW.L?(9. =E) 81000 ACCOUNT HOW PAID AMT. OF CASH ACCOUNT AMT. CHECK p PAID s BALANCE MONEY DUE ORDER BY #.. rr)7/101 rtmFOFUTn RI R7R I SUBDIVISION CHECKLIST 1. Comment sheets from the following agencies, along with any marked copies of the plan: VDOT City of Winchester GIS Sanitation Authority Health Department Inspections Department Parks & Recreation Fire Marshall County Engineer 2. f One copy of the subdivision application TRACKING SHEET 1 1 `1 SDP Application received SDP Fee paid ( $ ) To be filled in if an MDP is associated with this subdivision MDP # Qa- 9 4 F ()a- 13 Approved by BOS: )- ] -I— l 9 Admin. Aaaroval: $ ) U- D ( Information entered in D-base and Reference Manual Application Action Summary updated Phos A 3 - /'hat Application Received & fee paid $ S oa o � a, wo pho..v 3 i `I a yIZZPlat(s) signed by Subdivision Administrator Phi 3 _)jzL14jZZ Approval letter to applicant/copy to file & cc's yzt y f ZZ Copy of final subdivision plat(s) [with signatures] made and given to GIS for structure numbering assignment PA.asQ 3 10 i'1 /;zq Z Z Updated D-base and Reference Manual ,13 -i1 Application Action Summary updated Final plat(s) submitted with review agency signatures along with: Recorded Deed of Dedication Sys ID # Bond estimate (if required) $. Revised 3/14/14 eel to P. VICINITY MAP 1" AP ROVED BY 0000< TOR DATE FMORfiff WATER RATE VNGIA DEPARTMENT OF TRANSPORTATION DATE OWNER'S CERTIFICATE THE ABOVE AND FOREGOING SUBDIVISION OF THE PROPERTY OF GMIZEREMOP"M INC, [PIN & -A -11 7A] AS APPEARS LV THE A WONPAN)W PLA TS, IS 07TH THE ME CONSENT AND N ACCORDANCE WITH THE MIRES OF THE UNDERSIGNED OWNERS, PROPRIETORS AND TRUSTEES, IF ANY r -- I ;l &J 0101121 OF GL4IZE DEVELOPMENTS, INC DATE NOTARY PUBLIC 0"ONYWTH OF VMGINL4, AT URGE COUNTY OF FREBEMCK THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE ME THIS ? RAY OF R BY Jc- Care- , ON BEHALF OF GL4IZE DEVELOPMLM, JWC Anita E. Markle jG✓1.tiJ'' u� NOTARY PUBLIC REG. # 138684 NOTARY PUBLIC COMMONWEALTH OF VIRGINIA My COMMISSION EXPIRES July 31, 2024 Jff COMMISSION NYMS r-7131 120Z-4 SUR VEYOR "S CERTIFICATE I HEREBY CERTIFY THAT THE PROPERTY CONTAINED IN THIS SUBDIVISION IS A PORTION OF THE PROPERTY CONVEYED TO GL41ZE DEVELOPMENTS, INC BYDEED DATED MARCH 14, 1986 AND IS THE SAME PROPERTY SHOW AS LOT 117A ON A 17NAL SUBDIVISION PLAT BATED JULY 17, 2019, MM DEED AND PLAT RECORDED IN THE OFFICE OF THE CLERK OF 271E ChWff COURT OF FREDERfff COUNTY, FIRGhM IN DEED BOOK 612 AT PAGE 506 AND AS INSTRUMENT 190007986, RESPECTIVELY. FINAL PLAT OF SUBDIVISION RA VEN POINTE SECTION 6 'rH of PHASE 3 SHAWNEE MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA P. Duane Brown Lic. No. 001285 Aug. 3, zov BAM AUGUST 3, BOW COVER SHEET SHEET I OF 6 ANDsup-*0 Marsh & Legge Land Surveyors, P.L.C. 560 NORTH LOUDOUN STREET - WINCHESTER, VIRGINIA 22601 Q DRAWN BY PW & qK I PHONE (540) 667-0468 FAX (540) 667-0469 EMAIL off ice0marshandlegge.com Z9 8354-SUB-6-3 RAVEN POINTE RAVEN POINTE SECTION 5 82 , SECTION 6 PHASE 1 INST. 040014266 _ _ _ INST. 060007049 0 112 113 81 79 114 80 115 ?� L OPEN SPACE INST. 060007049 q� LOT48 /-' LOT 47 `� \ LOT 46 \ 37 LOT 45 LOT38 \ LOT 44 LOT 39 / LOT 40 \ , ' LOT 43 LOT 41 LOT 42 \\ / 127 128 RAVEN POINTE SECTION 5 INST. 040014266 OPEN SPACE ` INST. 060007049 r—1 29 ; KEY MAP FINAL PLAT OF SUBDIVISION RA VEN POINTE ~ SECTION 6 PHASE 3 SHA WNEE MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA SHEET INDEX LOTS SHEET 38-41 4 42-45 5 46-48 6 GRAPHIC SCALE 100' 0 100' 1 inch = 100 feet I BATE.• AUGUST 3, 2021 I SCALE I" = 100' 1 SHEET 2 OF 8 1 Marsh & Legge Land Surveyors, P.L.C. 560 NORTH LOUDOUN STREET N WINCHESTER, VIRGINIA 22601 PHONE (540) 667-0468 FAX (540) 667-0469 EMAIL office®marshandlegge.com TH OP- P. Duane Brown Lic. No. 001285 Aug. 3, 202 [ l9ND svRlE�o4 I BRA FN BY M & HBK CURVE TABLE CURVE DELTA RADIUS ARC TANGENT CHORD CHORD BEARING 1 10'19'36" 967.00' 174.29' 87.38' 174.05' S51.26'30"W 2 06'36'04" 941.50' 108.47' 54.30' 108.41' N53'18'16"E 3 03'43'32" 941.50' 61.22' 30.62' 61.21' N48'08'28"E 4 52'57'26" 24.50' 22.64' 12.20' 21.85' N19'47'59"E 5 16.37'20" 58.50' 16.97' 8.55' 16.91' N01'37'55"E 6 64'48'58" 58.50' 66.18' 37.14' 62.71' N42'21'05"E 7 51'50'50" 58.50' 52.94' 28.44' 51.15' S79'19'01"E 8 54•il'22" 58.50' 55.33' 29.93' 53.29' S26'17'55"E 9 55.54'16" 58.50' 57.08' 31.04' 54.84' S28'44'54"W 10 42'32'06" 58.50' 43.43' 22.77' 42.44' S7r58'05"W 11 5257'26" 24.50' 22.64' 12.20' 21.85' S72045'25"W 12 01.42'03" 992.50' 29.46' 14.73' 29.46' S4r07'43*W 13 04.27'20" 992.50' 77.18' 38.61' 77.16' S50.12'25"W 14 04'10'13" 992.50' 72.24' 36.14' 1 72.22' 1 S54'31'12"W LOTS SUMMARY LOT NUMBER AREA 38 12,319 SQ. FT. 39 16,151 SQ. FT. 40 15,480 SQ. FT. 41 13,234 SQ. FT. 42 15,208 SQ. FT. 43 15,070 SQ. FT. 44 15,371 SQ. FT. 45 14,029 SQ. FT. 46 13,412 SQ. FT. 47 12,962 SQ. FT. 48 12,464 SQ. FT. AREA IN LOTS 155,700 SQ. FT. AREA IN LOTS 3.5744 ACRES AREA SUMMARY AREA IN LOTS 3.5744 ACRES AREA IN RIGHT-OF-WAY 0.5713 ACRES TOTAL AREA SUBDIVIDED 4.1457 ACRES NUMBER OF LOTS 11 AVERAGE LOT SIZE 14,155 SQ. FT. MINIMUM LOT SIZE 12,319 SQ. FT. NOTES 1. PERMANENT MONUMENTATION IS TO BE SET AT ALL PROPERTY CORNERS NOT PREVIOUSLY MONUMENTED. 2. EXISTING ZONING: RP 3. EXISTING USE: VACANT; PROPOSED USE: RESIDENTIAL 4. ALL LOTS ARE SUBJECT TO A 20' SLOPE AND DRAINAGE EASEMENT ALONG ALL RIGHTS -OF -WAY AND A 10' UTILITY AND DRAINAGE EASEMENT ALONG ALL PROPERTY LINES. 5. ALL EASEMENTS SHOWN HEREIN ARE HEREBY CREATED UNLESS OTHERWISE INDICATED. 6. BRL DENOTES BUILDING RESTRICTION LINE FRONT BRL: 35' REAR BRL: 25' SIDE BRL: 10' FINAL PLAT OF SUBDIVISION RA VEN POINTE ~ SECTION 6 PHASE 3 SHA WNEE MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA I BATE- AUGUST 3, 2021 1 GENERAL NOTES I SHEET 3 OF 8 1 Marsh & Legge Land Surveyors, P.L.C. 560 NORTH LOUDOUN STREET N WINCHESTER, VIRGINIA 22601 *17 PHONE (540) 667-0468 FAX (540) 667-0469 EMAIL office®marshandlegge.com � TH OF y o � V� 9 P. Duane Brown Lie. No. 001285 DRAIYN BY PDB & HBX III 8354-SUB-8-3 \ LOT 48 � LOT 47.�61�� Z r 556 � �0 LOT 46 , �' B / �Qp/ ^�r� LOT 37 • � (13 \ - \w 7' ,��' / ; LOT 45 � '�� � 2 /^\ \ \ \ 12 3 9T S 8 Y FT.ry C�RBATED�oN�N � :51 6lRF/ , n 3 < \ \ LOT 39 �\ N. 6a�, / 16,151 SQ. Ff. v, 4 I--,' LLJI 5 j LOT 40 ` \ 15,480 SQ. FT. > �© LOT 41 . SG��1 Na3 1 z� 13,234 SQ. Ff. / y° Sk , �1 LOT 42 ✓ o �. LEGEND OPEN SPACE IRF / IRF IRON ROD FOUND INST. 06000704 j/ DHF DRILL HOLE FOUND GRAPHIC SCALE FRONT BRL: 35' 50' 0 50' REAR BRL: 25' SIDE BRL: 10' 1 inch = 50 feet SEE SHEET 3 FOR CURVE TABLE FINAL PLAT OF SUBDIVISION TH of RA VEN POINTE ~ SECTION 6ej PHASE 3 SHA WNEE MA GISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA P. L Duane Brown Lic. No. 001285 BAM AUGUST 3, 2021 SCALE:• I " = 50' SMT 4 OF 8 Marsh & Legge Land Surveyors, P.L.C. �9*D 560 NORTH LOUDOUN STREET — WINCHESTER, VIRGINIA 22601 PHONE (540) 667-0468 FAX (540) 667-0469 BBAIIN BY FM & HBK EMAIL office®marshandlegge.com IB 8354—SUB-73 EX. 20' SAN. SEWER ESM'T. INST. 060007049 /1RF i 8Rv \ \ \ \ s� LOT 46 m LOT 45 OPEN SPACE �� / / \ \ �,� 14,029 SQ. FT. \ \ \ INST. 060007049 35' BRL r� �15,3711T Q FT. EX. 20' DRAINAGE ESM'T. ' DRIGE EASSM / �1�',�ti'�' � / ...� '� 6 INST. 060007049 (T®)� Ski, y9, 10' SRL S8T04 49 14J 47' 5 10' BRL I I,, � 1 � to � g YM0' FREDMCK WATER EASEMBIT \ w\ ( CREATED 6 LOT 43 ` ( \ 15,070 SQ. IFT.r- LOT I ' LOT 42 `�► V/ / / �� 15,208 SQ. FT. \- � 10o u► rA / / Sys'" p�opp LEGEND ' OPEN SPACE 0 IRF IRON R00 FOUND 1 INST. 060007049 DHF DRILL HOLE FOUND j FRONT BRL• 35' t REAR BRL 25' SIDE BRL: 10' SEE SHEET 3 FOR CURVE TABLE LOT 47 1 IRF / IQ 3 LOT 40 41 / / GRAPHIC SCALE / 50' 0 50' / 1 inch = 50 feet FINAL PLAT OF SUBDIVISION RA VEN POINTE ~ SECTION 6 PHASE 3 SHA WNEE MA CISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA DATE.• AUGUST 3, 2021 1 SCAM I" = 50' 1 SHEET 5 OF 8 Marsh & Legge Land Surveyors, P.L.C. 560 NORTH LOUDOUN STREET - WINCHESTER, VIRGINIA 22601 PHONE (540) 667-0468 FAX (540) 667-0469 EMAIL office®marshandlegge.com e5p Tii OF D l V T.'A/ioe.ra�.i�aoww P. Duane Brown Lic. No. 001285 Aug . 3, Eol-t t9�D suR���44 BRA YN BY M & IM M 8354-SUB-8-3 / LOT 81 LOT 80 OPEN SPACE IRF EX. 20' SAN. SEWER ESM'T. �-( / INST. 060007049 INST. 060007049 i - 2 5 \ LOT 49 i � � �\ \ \ LOT 8 \� ��:- 12,464 S FT. 1 \ LOT 47 \ \ 35 ' 0, r \ \ \ 12,962 SQ. FT. \ \ \ r r iR, N i 8 C\ \ LOT 46� % LAI \ \�-'_�r��`� �i, r r � / .�61�,� `► \ \\\ 13,412 SQ. FT. \\\ V,r �9 5y6 82y6 05A 14 Q / �ai3` 10, LOT 45 13�/ LOT 38 10 11 LOT 39 \ 3 A� CA 1 FRONT BRL: 35' REAR BRL:- 25' SIDE BRL: 10' SEE SHEET 3 FOR CURVE TABLE \ LEGEND f I F IRON ROD FOUND � / JHF DRILL HOLE FOUND n GRAPHIC SCALE 50' 0 50' LOT 40 I inch = 50 feet FINAL PLAT OF SUBDIVISION RA VEN POINTE ~ SECTION 6 PHASE 3 SHA WNEE MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA DATE.• AUGUST 3, 2021 1 SCALE.- 1 " = 50' 1 SHEET 8 OF 8 1 Marsh & Legge Land Surveyors, P.L.C. 560 NORTH LOUDOUN STREET N WINCHESTER, VIRGINIA 2260 PHONE (540) 667-0468 FAX (540) 667-0469 EMAIL office®marshandlegge.com �THOFf� to o �'�' P. Duane Brown Lic. No. 001285 Aug . 3, 202 t,�ND suRN�'��4 MYN BY M & MK ID 8354-SUB-6-3 LOT 48or LOT 47 \ �,tg"+� LOT 46 , ' LOT 37- �' \ LOT 48 • 1 2 n \ LQT 38 - w 1 doj Or r <�\ 16,151 sQ. FT. /r e / / 40 \ ,/ •� 15,4 0T SO.. FT. f ,41 % 13.234TSO. FT: / �3' / •' LOT 42✓ �'�`� 0 OPEN WE � / MF AWW F01M W. &000704/; aW cRIL hUE MW FBW M 3w Sd aftai p � 50' RM EM Jw MM 10, ME Si W 3 FOR CURVE TABLE f A+di - 50 fed FINAL PLAT OF SUBDIVISION RA VEN POINTE ~ SECTION S PHASE 3�� SHA Us MAGISTERIAL DISTRICT Pft FREDERICK COUNTY, VIRGINIA lAc. Na 001285 mm Arm 4 ,Mff sc m s' = w- mw t car s Marsh &,Legge Land Surveyors, P.L.C. 560 NORTH LOUDOUN STREET « VANCHESTER. VIRGINIA 22601 PHONE (54��) tj67-0466 FAX (S40) 667-0469 A1P�li7P JEI' PAB �t F�OIC E A NN. aAcammariliondNeWxom I &L E0, SIN. Bmr. 09000'/049 , � k gA / � �//��5� ♦♦\.♦ LOT 46 WIC* -- LOT 45 `s OPEN SPACE \ \ 14,029 5Q. FT. INST. 060007049 ��,�' \ fo. ♦♦ .' [15,3 OT gQ FT. /♦ 1 ' 9�tyr It 20, m soft. >�. Oecno7o4s �WMLr�►T,� � L • - i 5 LOT 40 ' ro' I LOT Q. `�•�\ f p'i�p' M $ LN --aate� LOT 41 LOT 42 Q ,15.208 SQ. FT. / XF ' A!;'. OPEN 'SPACE V-04i;. A RW FOiG44iD LEGOV INST. 060007049 Dlf MI HOLE fi91A16D ` raw M. 35 � / W 1�Y61Plr 0 SL+f1E 50, >iNAR NL 85 no >i81: icr ' 1 +imh - 10 fmt SS6 MW 9 !'OFIi CURS£ TABLE / ' FINAL PLAT OF SU$DIVISION .RAVEN POINTE '~ SECTION 6 PHASE 3 SHA IME NAGISMUL DISTRICT � � FR,W.9RICK COUNTY, VIRGlNL4 Mo. No 001285 mm Alf' $ ow I • + SD' ' Ate' 3 era tAu • , xom Marsh & Legge Land Surve ii P.L.C. 580 N PH OUD(4 )STREET�68 ESI FAX X (.5540.) W7--O"G RMIA . PA9 &Jill' DML offkw0morshandlpge.com -m ml-iw� 1 LOT 47 �D / LOT 81 / r J 1 LOT 80 oPENN SQL 09INST. 060007049nw. J /�-- 00 .01 <�� c\LOT 49 �\ \\\ LOT 48.'�,' .0 �` 12.464 SQ. Ff. / -/OT 47 90ii r�^\\ \ 12,962 SQ.\v��•- � �! �5 � '��\ � moo. j \ �$ �•,� < a°/ o• .. ♦ \ �� 'i ', ♦ ♦ LOT 46 3i A 36w. N ♦ 1�3.412 SQ. FT. � \ \� A 9 co, 1 Zos'.. \ �♦ �� ' LOT 45 Lori 38 LOT 39 \ 3 \ \ imtm 4 / O1RDfR*NLL fi71MdD FRDIPP BRtc 96� 5 50' Gl4i1Ph10' LE 50' liEaR ffi: 86 LOT 40 SIDE i .. 10' 0 IMP 9 FOR CURB TABLE / T I I t-wh - 5p 1e PLAT OF SUBDIVISION RA VEN POINTE M SECTION 6 PHASE 3 SHA ME'E MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA Marsh & Legge Land Sunrey )rs, R.L.C. 5W NORTH LOUDOUN STREET N WMCHESM. VIRGINIA 22601 PHONE (540) 887-04': FAX (540) 567-0469 EMAIL oifice6�marahondiag".com P. Duane Hrown F�to. x 001285 1 BMMW Ar. PRB & Aff i 0 ca ,7- vi FtdII�1A: FRE�PR[C�C QO�I+TPY.9('� This hmrumxwofviWEwas P metocm at and with certificate ackmawle pwa t wao konend. was admhW to record. Tau kWooedbySm A14102of ntA ,cae� 2200015.03 plrIofs Pnpaad by and mtum ux =- Petrkr.J.. P9• . # 43s Hewsom do Jata4ama, PLC 2i South Loma» Snnet t vPa,cldr, Vagjoin 2r6ot too TeL 510.667.12Ydi O RAVEN POIN T'E, SECTION 6, PHASE 3 DEED OF DEDICATION AND SUPPLEMENTARY DECLARATION OF CONDITIONS, COVENANTS, RESTRICTIONS, AND EASEMENTS TWS DM OF DEDICA 7 7ON A A V SLWLEME] VrARYDBCJARATlON OF C0IVDITIO COVENAiV' S, RESTRICTIONS, ANDFsASEMF.IV7 Meed"). made and dated this _ day of October, 2021, by 'arid between GL,&= DEVELOPMENTS.; INCORPORATED_ a Virginia cotporation (hereinafter referred to as "Dedafane; the COUNTY OF FREDEBLGL VIRGII U (hereinafter referred to as "Countyj; and the ERICK GQjM Y SANITATION AUTHORITY_ d/b/a FREDERICK WATER (hereinafter referred to as "Frederick Water'); and RAVEN POINTS HOMEOWNERS ASSOCIATION. INC. (hereinafter referred to as "HON1. SECTION 1 DEICATY,= Recitals RL Declarant is the owner in fee simple of the real estate shown on that certain plat entitled "Final Plat of Subdivision, Raven Pointe, Section 6, Phase 3" drawn by P. Duane Brown, Land Surveyor, dated August 3, 2021 (the "Plat"), which Plat is attached hereto and incorporated herein by reference as if act out in frill. This is a portion of the same real Mate previously conveyed to Declarant by that certain deed retarded in Deed Book 612 at Page SW and that. certain Deed of Subdivision recorded as Instrument No.190007986 in the Office of the Clerk of the Circuit Court for Frederick County, Virginia (hereinafter referred to as the "Property"). R2. The Property shown on the Plat has been subdivided into lots for the construction of single family homes thereon (Lots 3848, inclusive), and the Plat shows accurately the metes and bounds of the subdivided land, together with the dimensions of each lot thereof (each hereinafter referred to as it -Lot), and further depicts certain surrounding lands in the subdivision to be used as a public street, as well as designates and depicts the locations of water facilities, utilities, slope and drainage casements, all of which shall constitute a portion of that development known as "Raven Pointe, Section 6, Phase 3." R3. The subdivision of Raven Pointe, Section 6, Phase 3, as shown on the Plat, is with the Ewe consent and in accordance with the desires of Declarant, and Declarant fuuther desires tp subdivide the aforesaid real estate in accordance with the provisions of the Vnginin `land Subdivision and Development Act," Vagina Code §15.2-2240, st . pg., as are applicable and in force and of ea as Page 2 of 8 e�'u of the date of execution of this Deed. o • w NOli TJZM EFORI; 77MDMED IWlTIVESS METH.- That for and in consideration of Co the premises and the benefits which will accrue by reason of this Deed, the Declarant does hereby subdivide all of that certain tract or parcel of land designated as Raven Pointe, Section 6, Phase 3, lying and being situate in the County of Frederick, Virginia, and being more particularly described by the Plat attached hereto and incorporated herein as if set out in full. For and in consideratioa of the foregoing, the Declatant states fatther: L Dedication of Public Right of Way- Summer8eld Drive. • Declarant hereby dedicates "Summerfield Drive" as depicted in the Plat to the County for public use, and the County accepts the same as evidenced by its signature to the Plat. Declarant hereby creates, grants and conveys to the County, its successors and assigns, a slope and drainage easement, twenty feet.(20) in width on all Lots in the area• ramedistely adjacent to the public right of way for Summer&eld Drive dedicated to fire County and as stated in Note 4 on Sheet 3 of the Plat. 2. Gtant of Water Easements- Fredet'iek Watm Declarant hereby creates, grants and conveys to Frederick Water, its successors and assigns, with the approval and consent of Frederick Water, as evidenced by its signature to the Plat, (a) a permanent easement and right of way of variable width, together with a temporary constniction easement ten feet (10 in width adjacent thereto, in the area designated as "Frederick Water Easement (Hereby Created)" on Sheet 4 of the Plat; and (b) a petmanent easement and right of way ten feet (107 by twenty'feet (20) in area, together with a temporary construction easement ten feet (10) in width adjacent thereto, in the area designated as "10 a W Frederick WaterEasement (Hereby Created)" on Sheet 5 of the Plat (hereinafter referred to as the "Frederick Water Easements"). The Frederick Water FAsements herein conveyed are for the purpose of installing, consttuctiog, operating, maintaining, repairing, adding to or altering and replacing one or more present or future water mains and sanitary sewer lines, including, without limitation, fire hydrants, valves, vaults, metets, building service connections and connection lines, sanitary lateral lines, manholes and other appurtenant facilities (collectively, the "Facilities"), for the transuuisalon and distribution of water and the collection of sanitary sewer and its transmission through, upon and across the Property in the aforementioned areas (the "Fredctick Water Easement Area"), subject to the following conditions: 2.1 All Facilities which are installed in the Easement Area shall be and remain the property of the Frederick Water, its successors and assigns- 2.2 Frederick Water and its agents shall have full and free rise of the Frederick Water Easements for the purposes mated, and shall have all rights and privileges reasonably necessary to the exercise of the Frederick Water Easements, including the right of access to and from the Frederick Water Easement Area, and the right to use adjoining land when necessary; provided, however, that this tight to use adjoining land shall be exercised only during periods of actual construction or maintenance, and then only to the minimum extent necessary for such construction and meintmance; and further, this right shall not be construed to allow Frederick Water to erect any building or structure of a permanent nature on such adjoining land. -v c7 Page 3 of 8 0 2.3 Frederick Water shalt have the right to trim, cut and remove trees, shrubbery. CO fences, structures or other obstructions in or reasonably near the Frederick Water Easement Area, ry including those existing at the time of execution of this Deed, deemed by it to interfere with the proper and efficient construction, operation and maintenance of the Facilities; provided, however, that Frederick Water, at its own expense, shall restore, as nearly as possible, to their 'original condition all land or premises included within or adjoining the Frederick water Easement AreL which are disturbed in any manner by the construction, operation and maintenance of the Facf7iti; s. Such restoration shall inckuk nh the backfilling of trenches, (u) repaving of asphalt; concrete, composite, and other impervious steal, (M) the reseeding or resodding of lawns or pasture areas, and (hv) the replacement of trees, flowers, shrubbery, vegetable plants, porous/permeable paving, pavers, structures, and other obstructs located outside the Frederick Water Easement Ater, but shall not include the replacement of trees, flowers, shrubbery, vegetable plants, porous/permeable paving, pavers, structures, or other obstructions located within the Frederick Water Easement Area. 2.4 Declarant, for itself and for the owners of each Lot subject to the Frederick Water Easements, reserves the right to construct and maintain roadways over the Frederick Water Easement Area and to make any use of the Frederick Water Easement Area which may not be inconsistent with the Water Ekscmeot rights herein conveyed, or interfere with the use of the Frederick Water Easements by Frederick Water for the purposes named; provided, however, that Declarant and the owners of each Lot subject to the Water Easements shall not erect any budding or other structure, or install say underground facilities or utilities, or change existing ground elevation or impound any water on or within the Frederick Water Easement Area without obtaining the prior written approval of Frederick War= In the event a use of the Frederick Water Easement Area by Declarant and/or the owners of each Lot subject to the Frederick Water Easements is approved by Frederick Water, but requires the reloc%don of any of the Facilities or the adjustment of the depth of any of the Facilities, all costs required to accomplish such relocation or adjustment shall be paid by Declarant and/or the owners of each Lot subject to the Frederick Water Easements. As the case may be. Declarant, on behalf of itself and the owners of each Lot subject to the Frederick Water Easements, agrees that no vegetation other than n grass, @ shrubbery, and (iit) flowers and vegetable plants with toot systems that extend no more than 12 inches below the surface at maturity, may be planted in the Frederick Water Easement Area; provided, however, that such flowers, shrubbery and vegetable plants are planted at their risk and Frederick Water shall have no obligation to replant such flowers, shrubbery and vegetable plants not to compensate Declarant or the owners of each Lot subject to the Frederick Water Easements, as the case may be, for such vegetation in the event such vegetation is damaged or destroyed during the exercise of Frederick Water's rights under the Frederick Water Easement. U At such time as any portion of the land within the Frederick Water Easement Area is accepted by the Commonwealth of Virginia or any appropriate agency thereof for maintenance into the state highway system, all easement rights acquired by Frederick Whet by this instrument in such portion of land shall cease and terminate, provided that the Counnhonwealth of Virginia or any appropriate agency thereof concurrently grants to Frederick Water all necessary permits for the continued operation, maintenance, inspection, repair and replacement of its f =lities irh said location. 2.6 Declarant covenants that it is seized of and has the tight to convey said Frederick Water Easements, rights and privileges, that Frederick Water shall have quiet and peaceable -o c, Q Page 4 of 8 w possession, use and enjoyment of the Frederick Water Easet rents, 'rights and privileges, and that CO Declarant shall execute such further assurances thereof as may be required. 2.7 In the event Frederick Water notifies Declarant, or its successors or assigns, of a violation of the terms of the Frederick Water Easements and Declarant does not cure such violation within thirty (30) days of such notice, Frederick Water may take such action as necessary to cure such violation, including ingress and egress over any portion of Owner's property deemed necessary by Frederick Water to access the Frederick Water Easement Area or to enforce Frederick Waters rights hereunder. All costs and expenses incurred by Frederick Water in exercising or enforcing its rights hereunder shall be paid or, at Frederick Water's election, reimbursed, by Declarant, within thirty (30) days from the date Declatant receives a bill or invoice from Frederick Water for such costs and expenses. if such costa and expenses are not paid within the thirty (30) day, period referenced in the preceding sentence, all such costs and expenses shall immediately commence bearing interest at the rate of twelve percent (12%) per annum. Frederick Water shall have the tight to enforce the temps of the Frederick Water Easement by any remedy available at law or in equity. 2.8 If Frederick Water is adjudicated the prevailing party in any judicial proceeding . between the parties regarding enforcement of the Frederick Water Easement, Frederick Water shall be awarded its costs and expenses, including reasonable attorney fees. 2.9 Declarant agrees that the agreements and covenants stated in this Deed are not covenants personal to Declarant but are covenants, running with the land which ate and shall be binding upon Declarant, its successors and assigns. 3. Grant of Drainage Easement- HOA sad Lots 38-4L Declarant hereby creates, grants, conveys, and reserves, for the benefit of Lots 38-48, inclusive (being in of the Lots created by ` the aforesaid subdivision) and the HOA, as the custodian charged with the maintenance of the same on behalf of the owners of the aforesaid lots, a permanent drainage easement twenty feet (20) in width, together with a temporary construction easement ten feet (10) in width adjacent thereto, in the area designated as "20' Drainage Easement (Hereby Created)" on Sheet 5 of the Plat (hereinafter referred to as the "Drainage Easement"). 3.1 'Ihe easement shall run with the land. Together with the Drainage Easement herein reserved for the benefit of the aforesaid Lots and the HOA, the Declarant grants the HOA the perpetual right to install, lay, and maintain such drainage facilities and equipment as needed The Drainage Easement facilities shall be installed, laid, and maintained below the surface of the ground to the extent possible. 3.2 The owners of the Lots subject to the Drainage Easement, their transferees, successors, and assigns, shall at all times have the right to cross over and upon the Drainage Easement, and to use the surface over the easements, in such manner as will neither injure nor unreasonably 'interfere with the court to tion, operation, or maintenance of the drainage easement, including, but not limited to, the construction of fencing, landscaping, and like improvements. Notwithstanding the foregoing, no building or other structure shall be erected over or upon the Drainage Easement unless by mutual consent of the Declarant, the HOA, the Lot owner or their successor's. -a 0 Page S of 8 w 3.3 Whenever the enjoyment of its rights hereunder requires the HOA to disturb the sucbce of the ground or improvements to the property, it shall be the obligation of the HOA to restore the same to its condition prior to being so disturbed at the HOM expense. The temporary construction easements shall expire upon completion of construction and installation of the drainage facilities and equipment contemplated 4. Reservation and Imposition of Utility Easement- Lots 38-48. Declarant hereby creates, reserves and imposes on all Lots 38-48 inclusive, for the benefit of each Lot, a utility and drainage easement ten feet (10) in width, together with a temporary construction easement ten feet (10) in width adjacent thereto, in the area immediately adjacent to the public right of way for Summerfield Drive dedicated to the County and as stated in Note 4 on Sheet 3 of the Plat (hereinafter referred to as the "Utility Easement"). 4.1 The easement shall run with the land. Together with the Utility Easement herein reserved and imposed for the benefit of the aforesaid Lots, the Declarant grants the owners of the Lots the right to install, lay, and maint sin such utilities, fialitias and equipment as needed to provide utility services to each Loot and allow drainage from'each Lot. The Utility Easement facilities shall be installed, laid, and maintained below the surface of the ground to the extent possible 4.2 The owners of the Lots subject to the Utility Easement, their transferees, successors, and assigns, shall at all times have the right to cross over and upon the Utility Easement; and to use the surface over the easements, in such manner as wM neither injure nor unreasonably interfere with the construction, operation, or maintenance of the drainage easement, including, but not limited to, the construction of fencing, landscaping, and h1ce improvements. Notwithstanding the foregoing, no building or other structure shall be erected over or upon the Utility Easement unless by mutual consent of the Declarant, the Lot owner or their successors. 4.3 Whenever the enjoyment of its rights hereunder requires a Lot owner, or others acting on their behalf, to disturb the surface of the ground of improvements to the property of another Lot owner, it shall be the obligation of the Lot owner causing or betufitting from such disturbance to restore the same to its condition prior to being so disturbed at such Lot owner`s expense. The temporary construction easements shall expire upon completion of construction and installation of the utilities, fitcilities and equipment contemplated. Proffets. Raven Pointe, Section 6, Phase 3 is a non proffered *"vision. Page 6 of 8 -o c'► SECTION 2 0 ACT= MRSdjTAM TO ARTICLE n OF THAT CERTAIN DEED 9FDEDICA ION 00 DATED =X 23.2004 AND RECORDED IN THE AFORESAID CLERKS- OMCE AS INSTRUMENT NO. 040014266 Recitals RL Declarant executed and placed on .record that certain Deed of Dedication dated July 23, 20K which instrument is recorded in the aforesaid Clerk's Office as Instrument No. 040014266 (hereinafter referred to as the "Section 5 Deed of Dedicationj. R2. The Section S.Deed of Dedication placed or created certain conditions, covenants, restrictions, and easements with regard to the Raven Pointe Subdivision, Section 5. Article II thereof provides for additional land to be annexed and/or added to the Raven Pointe Section 5 Subdivision. R3. Declarant also executed and placed on record a Deed of Dedication and Supplementary Declaration of Conditions, Coveffia' , Restrictions, and Easements dated April 12, 2006, which instnrmcnt is recorded in the 'aforesaid Cledes Office as Instrument No. 060007049 (hereinafter refernd to as the "Section 6, Phase 1 Deed of Dedication). R4. Pursuant to Article II of the Section 5 Deed of Dedication, the Secdbn 6 Phase 1 Deed of Dedication imposed on the Lots established Section 6, Phase 1 Deed of Dedication the same conditions, covenants, restrictions and easements imposed on the hots established by the Section 5 Deed of Dedication. R5. Declarant also executed and placed on record a Deed of Dedication and Supplementary Declaration of Conditions, Covenants, Restrictions, and Easenients dated March 3, 2017, which instrument is recorded in the aforesaid Clerk's Office as Instrument No. 170002408 (hereinafter referred to as the "Section 6, Phase 2 Deed of Dedication'). • R6. Pursuant to Article II of the Section 5 Deed of Dedication, the.Section 6 Pdtase 2 Deed of Dedication unposed on the Lots established Section 6, Phase 2 Deed of Dedication the a== conditions, covenants, restrictions and easements imposed on the Lots established by the Section 5 Deed of Dedication. R7. Declarant intends to include the Lots established by this Deed in the scheme of. conditions, covenants, restrictions and easements imposed by the Section 5 Deed of Dedication as provided by Article n of the Section 5 Deed of Dedication. NOW, TIIMWPORE WITN�ESBB "A• that Declarant does hereby incorporate herein, and does hereby impose upon Raven Pointe Subdivision, Section 6, Phase 3, consisting of those certain Lots 38-48, inclusive and all other lands shown in connection therewith, All provisions of the Section 5 Deed of Dedication, dated July 23, 20K and recorded in the Office of the Clerk of the Circuit Court of Frederick County, Ytrginia as Instrument No. 040014266, all provisions of the Deed of Dedication for Raven Pointe Subdivision, Section 6, Phase 1, dated April 12, 2006, and recorded in the said Clerk's Office as Instrument No. 060007049 (including complimentary declarations made modifying the initial Section 5 Deed of Declasatio u), and all provisions of the Deed of Dedication for c, Page 7 of 8 d Raven Pointe Subdivision, Section 6, Phase 2, dated March 3, 2017, and recorded in the said Clerk' to Office as Instrument No. 170002408, as if the same were set forth herein, and the Declarant doear hereby declare that the HOA is charged with the rights, duties obligations and responsibilities in connection with the Lots established by this Deed as provided by Article H of the Section 5 Deed of Dedication. Declarant does hereby further declare that no other change or modification is intended to be made to the Section 5 Deed of Declaration, The Section 6 Phaw. I Deed of Dedication or the Section 6 Phase 2 Deed of Dedication as recorded. Declasnt hereby reserves unto itself, for a period of &c (5) years, the right to amend tlos Deed, and the Plat -attached hereto, provided that the single family, residential nature of the subdivision shall not be changed and such amendments are made in conformity with applicable law. WTPNES.S the following signature and seal on the daft first above written: GI.AIZE DEVELOPMENTS, INCORPORATED A V-uW is Corporation By:(SEAL) J6�trick Carr, President COMMONWEALTH OF VIRGINIA ) )as CITY OF WINCHESTER ) The foregoing instrument was acknowledged before me this day of r , 2021 by John Patrick Carr as President of Glawe Developments, Incorporated, a Virginia corporation, on behalf of said Corporation. Notary Public labs n CMWAMW Eq* 's0'.'.ir�a,'r -v PW8of8 C= SEEN AND ACKNOWLEDGED: w FREDERICK COUNTY SANITATION AUTHORITY, d/b/a FREDF..RICK WATER By: (SEAT.) COMMONWEALTH OF'VIRGINIA ) COUNTY OF FREDERICK ) The fos�o instnuncnt was acknofvledged before me fir� e this day of rlbac , 2D21 by 2[,he e!� JII�Lj b h of Frederick County Sanitation Authority. tA xlk. Public . .u�tiarrN+ Nsbry�ubic cammomv s" atvpOM. Re�Ndrdon Na 7M130 JAY ra. . Jm 30. Im N. VICINITY YAP 1' 15OW Aii ROPED BY Adff 1AJ�P ld�t91< J%E?AI?9YJt1Vr ar "WAMMrJaIV BAN OIYNER S CERTIFICATE AWN AAW MMM jg=yAxw air 2W PRWA07 ar dum mrAzagw= Jc, [AW 64A-11W AtS APPRAN N ice' AWWAYOL HAM AT +►175 IM AW CINOW AAW N AGE' Fim mff OP 2W VAM01910W Opt PRAPJM79?s AA® ?BLS P AA► .. W MW ADZEMM= Mr. At�s NOTARY PUBLIC CVJM 7 VffAVM W VAN= AT •lA1i W coNrr ar Inumar vw mmum AC4JlQU1 m vAs AQgYP9>/biAJY w Bm%IPA' Aar rzv-l—jwr ar_P:onJ6•-,a__!m?i Br. Jai,, r C,rr , avmw4warsuwmwom= Piz ' Anita E. MWWe NOTARY PlfK C ReG. *t3N" AVJW r JKWX Comu1MoMVEALTHOFV AGM WGGV NEXpude J*31.204 • JYP awamv mmw r7131 12oz4 SURVEYORS CEAMPICATE r rJ3aw !R' w7 mr w mwff C M7tM AV MW BMWAM JYApww ar w FAW=7 CAM'PJPI! JV dU BZVAZ4FM= JC X A® MW ARRIN 1A 161608 AV J9 = MW FM=7 MUFN AS !Or 117J AfI A AM =AVMW PUT IM .ilB.r 17, =4 SAID Am Aw m" mcamm NwAft'tv!fA<mwapowmwc19zwtv.)mmm 'f Yam/ N #AM BVIN 02 AT PAN &V AM As AMMI07 JfA WPM JllMW=r FINAL PLAT OF SUBDIVISION RAVEN POINTE ~ -SECTION 6 , PHASE 3� SHA IYNEE MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGIATA P. P. . o. 012851 L%. No. 001286 �A09. $0 zos ( e� sual�� Nti 2Oi7w $ Tw cow SW'r I R1w 1 ar 8 Marsh & Legge Land Surveyors, P.L.C. 560 NOMH MDOIJN STREET . - WINCHESTER. VIROINIA 22601 PHONE (540) 667-0468 FAX (540) 687-0469 Q Aluff Brr PAB t A ZW JD mu—9 EMAIL offi"Omarshandlegge.eom L -v c•� w CD SECTION 5 MIST. 040014266, 112 113 114 ` 115` / OPEN SPACE INST. 060007049 82 i SEMION 6 PHASE 1 7 INST. 060007049 81 79 C= ac ► - 80 49 LOT' 48 \•. LOT 47 / 1 A le LOT' • • LOT 45 LOT LOT 43 /;K,._ LOT 4R OPEN SPACE INST. 060007049 127 128 BATTEN POM„E SEC110N 5 r,2. INST. 0Qt4266/ 37 '\ LOT 38 \ .' LOT 39 + .*� iI LOT'.40/ y LOT 41 �' 44 SHEET INDEX im , 38-41 4 42-45 5 46-48 6 &V.AW SINE KEYMAP 100' 100, 1 Amb = too f"t FINAL PLAT OF SUBDIVISION. �x of bj RA VEN POINTE ~ SECTION 6 PHASE 3 �. SHA ANEE MAGISTERIAL DISTRICT �� � '• FRWERICK COUNTY,, VIRGINIA i, c. NO' . om brown NMdUG744!' $ 1 S�lLS` 1 lOr7 saw B ar B t 4. Marsh & Legge Land Surveyors, P.L.C. 500 NORTH LOUDOUN STREET — WINCHESTER. VIRGINIA 22601 PHONE (540) 667-0486 FAX (540) 667-0469 1 lYulw Jw. Pm & Aw EMAIL offtos@marshondlo"Mccom CURVE TABLE �o c-, 47 Ca C) LOTS SUMMARY AREA SUMMU NOTES t 1. PERIUNENT 2[mPU1dT,wArm 1S To BE SET AT ALL PRDPZ ff cmm NOT PREVIOUSLY itONTD�l m. 8. ZUSTUW ZONJNG: RP S. E1�RG USE: VACANT. PROPOSED USE, FA=E f= ' 4. ALL LOTS ARE SUBMC7 TO A W SIM AND DRARW� EAs�r AIM ALL RKETS-OBI-NAY AND A 10' UTDdTT AND DRADMOZ RASMW ALONG ALL PRaMff LDDI�. 8. ALL EAMMM SWU BE = ARE HMW CREATED UNIM OTilSRI = DIDn=. 8. BRL DEWFES BUILDDIG REMC71ON LDDE FRONT M* 95' REAR BRL: 85' SU)a BRL. 10' FINAL PLAT OF SUBDIVISION RAVEN POINTE ~ . SECTION B f, PHASE 3 SHA MEE :MACISTERML DISTRICT . ..� FREDERICK COUNTY, YMGINIA m Brom pLte. No e�28s uq. J, "a t AgaW � ,sear � s c�` a Marsh & Legge Land Surveyors, P.L.C. 550 NORTH LOUDOUN STREET - WINCHESTER, VIRGINIA 22801 PHONE (540) 667-04W FAX (540) 867-04eG Q laW f�►B' FW & AW Ap M S:�B-.q EMAIL officelmarOwndlayge.com L ATB{B DET,TA RADIUS ARC TANGENT CHORD BBAR�G 1 10'19'38 887.00' 174.28 87.98 S51'86'90 $ O6'98'04" e41so' 108.4 54.90' 121AW N69'18'1 9 09.49 841.50' 81.�' �. 4 $4.50' S'd.64' Nls'47'!iY';R 5 i 88 38. 8.55' 18.ei N01 55 8 84'48' S8.60' 8818' 97a4' 88.71' N48'Pa'05 7 51'S0 50 58,.50' 5rr.84` 28.44 51a5 S7e'19'01'E 8 54'Si 68.60' 55 JE8.89' S8.89' SEB'1r55$ 66'S41868s57.08' 91d14' S4.8488`44'S4"}T �8'92`0858.50 49.49' 8E.48.44' $77'S8OSsx5rss'z4.5oaae�21.�`s7a4s'ss4s'o9"sose.45'14..ae.48' F s44s• o4 eea. 77ae' ssei 77a6` s5a� � 14 o�i'io is 7z.a1' se.14' 7Z.2R s54'at LOT Noi� AREA. 98 1E,918 �. FT. • � 18.151 SQ. FP. 40 15.480 SQ. FT. - 41 19,$94 84 FT. 42 15.208 SQ. FT. 4S 16,070 SQ. FT. 44 1b,971 SQ. PY. 45 14.0a8 SQ. !T. 48 18.418 5Q. FT. 47 18,882 8Q. FT. 48 18,484 S4 FT. ARBA R1 LOTS 166,700 SQ. FT AMIN LOTS 9.5744 AGR83 AREA �� LOTS . 9.$744 ADffiB ARaA nt Rx�r-rr1�-�rAY os71s Acme TOTAL ARBA QED 4a46? ACRES • ND1tBER OF LOTS it 1VERAI� LOT STA1L 14.ib5' SQ. FT. jRIQAi01i i3OT SD01 18,91e SQ. FT. Prepared by and return to: Stephen L. Pettler, Jr., Esq. VSB # 44436 HAmsoN & JOHNSTON, PLC 21 South Loudoun Street Winchester, Virginia 22601 Tel. 540.667.1266 lie rtlerC(�harrison-iohnsto ixoni Page 1 of 8 _ a RAVEN POINTE, SECTION 6, PHASE 3 DEED OF DEDICATION AND SUPPLEMENTARY DECLARATION OF CONDITIONS, COVENANTS, RESTRICTIONS, AND EASEMENTS THIS DEED OFDEDICATIONAND SUPPLEMENTAR Y DECLARA TION OF CONDITIONS, COVENANTS, RESTRICTIONS, AND EASEMENTS ("Deed"), made and dated this tZ� ` day of October, 2021, by and between GLAIZE DEVELOPMENTS INCORPORATED, a Virginia corporation (hereinafter referred to as "Declarant"); the COUNTY OF FREDERIC& VIRGINIA (hereinafter referred to as "County"); and the FREDERICK COUNTY SANITATION AUTHORITY, d/b/a FREDERICK WATER (hereinafter referred to as "Frederick Water"); and RAVEN POINTE HOMEOWNERS ASSOCIATION INC (hereinafter referred to as "HOA"). SECTION 1 DEDICATIONS Recitals R1. Declarant is the owner in fee simple of the real estate shown on that certain plat entitled "Final Plat of Subdivision, Raven Pointe, Section 6, Phase 3" drawn by P. Duane Brown, Land Surveyor, dated August 3, 2021 (the "Plat"), which Plat is attached hereto and incorporated herein by reference as if set out in full. This is a portion of the same real estate previously conveyed to Declarant by that certain deed recorded in Deed Book 612 at Page 506 and that certain Deed of Subdivision recorded as Instrument No. 190007986 in the Office of the Clerk of the Circuit Court for Frederick County, Virginia (hereinafter referred to as the "Property"). R2. The Property shown on the Plat has been subdivided into lots for the construction of single family homes thereon (Lots 38-48, inclusive), and the Plat shows accurately the metes and bounds of the subdivided land, together with the dimensions of each lot thereof (each hereinafter referred to as a "Lot"), and further depicts certain surrounding lands in the subdivision to be used as a public street, as well as designates and depicts the locations of water facilities, utilities, slope and drainage easements, all of which shall constitute a portion of that development known as "Raven Pointe, Section 6, Phase 3." R3. The subdivision of Raven Pointe, Section 6, Phase 3, as shown on the Plat, is with the free consent and in accordance with the desires of Declarant, and Declarant further desires to subdivide the aforesaid real estate in accordance with the provisions of the Virginia "Land Subdivision and Development Act," Virginia Code §15.2-2240, et. seq., as are applicable and in force and effect as rj Page 2of8 of the date of execution of this Deed. NOW THEREFORE, THIS DEED WITNESSETH.• That for and in consideration of the premises and the benefits which will accrue by reason of this Deed, the Declarant does hereby subdivide all of that certain tract or parcel of land designated as Raven Pointe, Section 6, Phase 3, lying and being situate in the County of Frederick, Virginia, and being more particularly described by the Plat attached hereto and incorporated herein as if set out in full. For and in consideration of the foregoing, the Declarant states further: 1. Dedication of Public Right of Way- Summerfield Drive. Declarant hereby dedicates "Summerfield Drive" as depicted in the Plat to the County for public use, and the County accepts the same as evidenced by its signature to the Plat. Declarant hereby creates, grants and conveys to the County, its successors and assigns, a slope and drainage easement, twenty feet (20) in width on all Lots in the area immediately adjacent to the public right of way for Summerfield Drive dedicated to the County and as stated in Note 4 on Sheet 3 of the Plat. 2. Grant of Water Easements- Frederick Water. Declarant hereby creates, grants and conveys to Frederick Water, its successors and assigns, with the approval and consent of Frederick Water, as evidenced by its signature to the Plat, (a) a permanent easement and right of way of variable width, together with a temporary construction easement ten feet (10') in width adjacent thereto, in the area designated as "Frederick Water Easement (Hereby Created)" on Sheet 4 of the Plat, and (b) a permanent easement and right of way ten feet (10') by twenty feet (20) in area, together with a temporary construction easement ten feet (10') in width adjacent thereto, in the area designated as "10' x 20' Frederick Water Easement (Hereby Created)" on Sheet 5 of the Plat (hereinafter referred to as the "Frederick Water Easements"). The Frederick Water Easements herein conveyed are for the purpose of installing, constructing, operating, maintaining, repairing, adding to or altering and replacing one or more present or future water mains and sanitary sewer lines, including, without limitation, fire hydrants, valves, vaults, meters, building service connections and connection lines, sanitary lateral lines, manholes and other appurtenant facilities (collectively, the "Facilities"), for the transmission and distribution of water and the collection of sanitary sewer and its transmission through, upon and across the Property in the aforementioned areas (the "Frederick Water Easement Area"), subject to the following conditions: 2.1 All Facilities which are installed in the Easement Area shall be and remain the property of the Frederick Water, its successors and assigns. 2.2 Frederick Water and its agents shall have full and free use of the Frederick Water Easements for the purposes named, and shall have all rights and privileges reasonably necessary to the exercise of the Frederick Water Easements, including the right of access to and from the Frederick Water Easement Area, and the right to use adjoining land when necessary; provided, however, that this right to use adjoining land shall be exercised only during periods of actual construction or maintenance, and then only to the minimum extent necessary for such construction and maintenance; and further, this right shall not be construed to allow Frederick Water to erect any building or structure of a permanent nature on such adjoining land. Page 3 of 8 2.3 Frederick Water shall have the right to trim, cut and remove trees, shrubbery, fences, structures or other obstructions in or reasonably near the Frederick Water Easement Area, including those existing at the time of execution of this Deed, deemed by it to interfere with the proper and efficient construction, operation and maintenance of the Facilities; provided, however, that Frederick Water, at its own expense, shall restore, as nearly as possible, to their original condition all land or premises included within or adjoining the Frederick Water Easement Area which are disturbed in any manner by the construction, operation and maintenance of the Facilities. Such restoration shall include (i) the backfilling of trenches, (ii) repaving of asphalt, concrete, composite, and other impervious areas, (iii) the reseeding or resodding of lawns or pasture areas, and (iv) the replacement of trees, flowers, shrubbery, vegetable plants, porous/permeable paving, pavers, structures, and other obstructions located outside the Frederick Water Easement Area, but shall not include the replacement of trees, flowers, shrubbery, vegetable plants, porous/permeable paving, pavers, structures, or other obstructions located within the Frederick Water Easement Area. 2.4 Declarant, for itself and for the owners of each Lot subject to the Frederick Water Easements, reserves the right to construct and maintain roadways over the Frederick Water Easement Area and to make any use of the Frederick Water Easement Area which may not be inconsistent with the Water Easement rights herein conveyed, or interfere with the use of the Frederick Water Easements by Frederick Water for the purposes named; provided, however, that Declarant and the owners of each Lot subject to the Water Easements shall not erect any building or other structure, or install any underground facilities or utilities, or change existing ground elevation or impound any water on or within the Frederick Water Easement Area without obtaining the prior written approval of Frederick Water. In the event a use of the Frederick Water Easement Area by Declarant and/or the owners of each Lot subject to the Frederick Water Easements is approved by Frederick Water, but requires the relocation of any of the Facilities or the adjustment of the depth of any of the Facilities, all costs required to accomplish such relocation or adjustment shall be paid by Declarant and/or the owners of each Lot subject to the Frederick Water Easements. As the case may be. Declarant, on behalf of itself and the owners of each Lot subject to the Frederick Water Easements, agrees that no vegetation other than (i) grass, (ii) shrubbery, and (iii) flowers and vegetable plants with root systems that extend no more than 12 inches below the surface at maturity, may be planted in the Frederick Water Easement Area; provided, however, that such flowers, shrubbery and vegetable plants are planted at their risk and Frederick Water shall have no obligation to replant such flowers, shrubbery and vegetable plants nor to compensate Declarant or the owners of each Lot subject to the Frederick Water Easements, as the case may be, for such vegetation in the event such vegetation is damaged or destroyed during the exercise of Frederick Water's rights under the Frederick Water Easement. 2.5 At such time as any portion of the land within the Frederick Water Easement Area is accepted by the Commonwealth of Virginia or any appropriate agency thereof for maintenance into the state highway system, all easement rights acquired by Frederick Water by this instrument in such portion of land shall cease and terminate, provided that the Commonwealth of Virginia or any appropriate agency thereof concurrently grants to Frederick Water all necessary permits for the continued operation, maintenance, inspection, repair and replacement of its facilities in said location. 2.6 Declarant covenants that it is seized of and has the right to convey said Frederick Water Easements, rights and privileges, that Frederick Water shall have quiet and peaceable Page 4of8 possession, use and enjoyment of the Frederick Water Easements, rights and privileges, and that Declarant shall execute such further assurances thereof as may be required. 2.7 In the event Frederick Water notifies Declarant, or its successors or assigns, of a violation of the terms of the Frederick Water Easements and Declarant does not cure such violation within thirty (30) days of such notice, Frederick Water may take such action as necessary to cure such violation, including ingress and egress over any portion of Owner's property deemed necessary by Frederick Water to access the Frederick Water Easement Area or to enforce Frederick Water's rights hereunder. All costs and expenses incurred by Frederick Water in exercising or enforcing its rights hereunder shall be paid or, at Frederick Water's election, reimbursed, by Declarant, within thirty (30) days from the date Declarant receives a bill or invoice from Frederick Water for such costs and expenses. If such costs and expenses are not paid within the thirty (30) day period referenced in the preceding sentence, all such costs and expenses shall immediately commence bearing interest at the rate of twelve percent (12%) per annum. Frederick Water shall have the right to enforce the terms of the Frederick Water Easement by any remedy available at law or in equity. 2.8 If Frederick Water is adjudicated the prevailing party in any judicial proceeding between the parties regarding enforcement of the Frederick Water Easement, Frederick Water shall be awarded its costs and expenses, including reasonable attorney fees. 2.9 Declarant agrees that the agreements and covenants stated in this Deed are not covenants personal to Declarant but are covenants running with the land which are and shall be binding upon Declarant, its successors and assigns. 3. Grant of Drainage Easement- HOA and Lots 38-48. Declarant hereby creates, grants, conveys, and reserves, for the benefit of Lots 38-48, inclusive (being all of the Lots created by the aforesaid subdivision) and the HOA, as the custodian charged with the maintenance of the same on behalf of the owners of the aforesaid lots, a permanent drainage easement twenty feet (20) in width, together with a temporary construction easement ten feet (10) in width adjacent thereto, in the area designated as "20' Drainage Easement (Hereby Created)" on Sheet 5 of the Plat (hereinafter referred to as the "Drainage Easement"). 3.1 The easement shall run with the land. Together with the Drainage Easement herein reserved for the benefit of the aforesaid Lots and the HOA, the Declarant grants the HOA the perpetual right to install, lay, and maintain such drainage facilities and equipment as needed. The Drainage Easement facilities shall be installed, laid, and maintained below the surface of the ground to the extent possible. 3.2 The owners of the Lots subject to the Drainage Easement, their transferees, successors, and assigns, shall at all times have the right to cross over and upon the Drainage Easement, and to use the surface over the easements, in such manner as will neither injure nor unreasonably interfere with the construction, operation, or maintenance of the drainage easement, including, but not limited to, the construction of fencing, landscaping, and like improvements. Notwithstanding the foregoing, no building or other structure shall be erected over or upon the Drainage Easement unless by mutual consent of the Declarant, the HOA, the Lot owner or their successors. Page 5 of 8 3.3 Whenever the enjoyment of its rights hereunder requires the HOA to disturb the surface of the ground or improvements to the property, it shall be the obligation of the HOA to restore the same to its condition prior to being so disturbed at the HOA's expense. The temporary construction easements shall expire upon completion of construction and installation of the drainage facilities and equipment contemplated. 4. Reservation and Imposition of Utility Easement- Lots 38-48. Declarant hereby creates, reserves and imposes on all Lots 38-48 inclusive, for the benefit of each Lot, a utility and drainage easement ten feet (10') in width, together with a temporary construction easement ten feet (10) in width adjacent thereto, in the area immediately adjacent to the public right of way for Summerfield Drive dedicated to the County and as stated in Note 4 on Sheet 3 of the Plat (hereinafter referred to as the "Utility Easement"). 4.1 The easement shall run with the land. Together with the Utility Easement herein reserved and imposed for the benefit of the aforesaid Lots, the Declarant grants the owners of the Lots the right to install, lay, and maintain such utilities, facilities and equipment as needed to provide utility services to each Lot and allow drainage from each Lot. The Utility Easement facilities shall be installed, laid, and maintained below the surface of the ground to the extent possible. 4.2 The owners of the Lots subject to the Utility Easement, their transferees, successors, and assigns, shall at all times have the right to cross over and upon the Utility Easement, and to use the surface over the easements, in such manner as will neither injure nor unreasonably interfere with the construction, operation, or maintenance of the drainage easement, including, but not limited to, the construction of fencing, landscaping, and like improvements. Notwithstanding the foregoing, no building or other structure shall be erected over or upon the Utility Easement unless by mutual consent of the Declarant, the Lot owner or their successors. 4.3 Whenever the enjoyment of its rights hereunder requires a Lot owner, or others acting on their behalf, to disturb the surface of the ground or improvements to the property of another Lot owner, it shall be the obligation of the Lot owner causing or benefitting from such disturbance to restore the same to its condition prior to being so disturbed at such Lot owner's expense. The temporary construction easements shall expire upon completion of construction and installation of the utilities, facilities and equipment contemplated. 5. Proffers. Raven Pointe, Section 6, Phase 3 is a non -proffered subdivision. Page 6 of 8 SECTION 2 ACTION PURSUANT TO ARTICLE II OF THAT CERTAIN DEED OF DEDICATION DATED JULY 23, 2004 AND RECORDED IN THE AFORESAID CLERK'S OFFICE AS INSTRUMENT NO. 040014266 Recitals R1. Declarant executed and placed on record that certain Deed of Dedication dated July 23, 2004, which instrument is recorded in the aforesaid Clerk's Office as Instrument No. 040014266 (hereinafter referred to as the "Section 5 Deed of Dedication"). R2. The Section 5 Deed of Dedication placed or created certain conditions, covenants, restrictions, and easements with regard to the Raven Pointe Subdivision, Section 5. Article II thereof provides for additional land to be annexed and/or added to the Raven Pointe Section 5 Subdivision. R3. Declarant also executed and placed on record a Deed of Dedication and Supplementary Declaration of Conditions, Covenants, Restrictions, and Easements dated April 12, 2006, which instrument is recorded in the aforesaid Clerk's Office as Instrument No. 060007049 (hereinafter referred to as the "Section 6, Phase 1 Deed of Dedication"). R4. Pursuant to Article II of the Section 5 Deed of Dedication, the Section 6 Phase 1 Deed of Dedication imposed on the Lots established Section 6, Phase 1 Deed of Dedication the same conditions, covenants, restrictions and easements imposed on the Lots established by the Section 5 Deed of Dedication. R5. Declarant also executed and placed on record a Deed of Dedication and Supplementary Declaration of Conditions, Covenants, Restrictions, and Easements dated March 3, 2017, which instrument is recorded in the aforesaid Clerk's Office as Instrument No. 170002408 (hereinafter referred to as the "Section 6, Phase 2 Deed of Dedication"). R6. Pursuant to Article II of the Section 5 Deed of Dedication, the Section 6 Phase 2 Deed of Dedication imposed on the Lots established Section 6, Phase 2 Deed of Dedication the same conditions, covenants, restrictions and easements imposed on the Lots established by the Section 5 Deed of Dedication. R7. Declarant intends to include the Lots established by this Deed in the scheme of conditions, covenants, restrictions and easements imposed by the Section 5 Deed of Dedication as provided by Article II of the Section 5 Deed of Dedication. NOW, THEREFORE WITNESSETH that Declarant does hereby incorporate herein, and does hereby impose upon Raven Pointe Subdivision, Section 6, Phase 3, consisting of those certain Lots 38-48, inclusive and all other lands shown in connection therewith, all provisions of the Section 5 Deed of Dedication, dated July 23, 2004, and recorded in the Office of the Clerk of the Circuit Court of Frederick County, Virginia as Instrument No. 040014266, all provisions of the Deed of Dedication for Raven Pointe Subdivision, Section 6, Phase 1, dated April 12, 2006, and recorded in the said Clerk's Office as Instrument No. 060007049 (including complimentary declarations made modifying the initial Section 5 Deed of Declaration), and all provisions of the Deed of Dedication for Page 7 of 8 Raven Pointe Subdivision, Section 6, Phase 2, dated March 3, 2017, and recorded in the said Clerk's Office as Instrument No. 170002408, as if the same were set forth herein, and the Declarant does hereby declare that the HOA is charged with the rights, duties obligations and responsibilities in connection with the Lots established by this Deed as provided by Article II of the Section 5 Deed of Dedication. Declarant does hereby further declare that no other change or modification is intended to be made to the Section 5 Deed of Declaration, The Section 6 Phase 1 Deed of Dedication or the Section 6 Phase 2 Deed of Dedication as recorded. SECTION 3 GENERAL RESERVATION Declarant hereby reserves unto itself, for a period of five (5) years, the right to amend this Deed, and the Plat attached hereto, provided that the single family, residential nature of the subdivision shall not be changed and such amendments are made in conformity with applicable law. WITNESS the following signature and seal on the date first above written: GLAIZE DEVELOPMENTS, INCORPORATED A Virginia Corporation By: _ (SEAL) j6p,trick Carr, President COMMONWEALTH OF VIRGINIA ) ) ss CITY OF WINCHESTER ) The foregoing instrument was acknowledged before me this I G` day of , 2021 by John Patrick Carr as President of Glaize Developments, Incorporated, a Virginia corporation, on behalf of said Corporation. ACE LD- Notary Public Stephanie Jo Webster Commonwealth of Virginia Notary Public Commission No, 7162129 MY Commis W Expires 7/31/2022 SEEN AND ACKNOWLEDGED: Page 8 of 8 FREDERICK COUNTY SANITATION AUTHORITY, d/b/a FREDERICK WATER By: (SEAT.) Its: ' ` c COMMONWEALTH OF VIRGINIA ) ) ss COUNTY OF FREDERICK ) The foregoin� instrument was acknowledged before me this 15' day of /1�monhe ' , 2021 by (nif,�tca �i NPu�l�h as the Mef j6ebr �,s,S{r t��. of Frederick County Sanitation Authority. �� tary Public JAMIE RUTH MILLER Notary Public Commonwealth of Virginia Registration No. 7863139 My Commission Expires Jun 30, 2024 Raven Pointe Section 6 Phase 3 COUNTY of FREDERICK Department of Planning and Development 540/ 665-5651 Fax: 540/ 665-6395 January 24, 2022 Mr. J.P. Carr Glaize Developments, Inc. P.O. Box 888 Winchester, VA 22604-0888 RE: Raven Pointe, Section 6 Phase 3 - Final Plats Property Identification Number(s) 64-A-117A RP (Residential Performance) Zoning District Dear J.P.: This letter is to confirm that the plats for Raven Pointe Subdivision, Section 6 Phase 3 have been approved. This phase calls for eleven (11) single-family detached urban lots in this subdivision. The appropriate construction guarantee and deed of dedication have been received. Please return a copy of the recorded plats to this office. If you have any questions, call me at (540) 665-5651. Sincerely, Mark R. Cheran Zoning Administrator MRC/pd Attachments cc: Josh E. Ludwig, Shawnee Board of Supervisor Elizabeth D. Kozel and H. Paige Manuel, Planning Commissioners GIS Commissioner of Revenue Debra Adams, Real Estate Department 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 Pam Deeter To: Josh Ludwig; elizabethruckman@gmail.com; Elizabeth Kozel; H. Paige Manuel Subject: Final Plat approval letter Attachments: Raven Pointe sec 6 Ph 3 plat_appry letter .doc Good morning, Please find attached the approval letter for the plats of Raven Pointe, Section 6 Phase 3 from Mr. Cheran. If you should have any questions, please contact Mr. Cheran. Pam Deeter, Senior Secretary Dept. Planning & Development 107 N. Kent St. Suite 202 Winchester, VA 22601 540-665-5651 lAte �deeter fcva.us -- 16 Pam Deeter From: Microsoft Outlook To: Josh Ludwig Sent: Tuesday, January 25, 2022 8:02 AM Subject: Delivered: Final Plat approval letter Your message has been delivered to the following recipients: Josh Lgdw_ig-josh Igdc 4i ajcva,us Subject: Final Plat approval letter Pam Deeter From: Microsoft Outlook To: elizabethruckman@gmail.com Sent: Tuesday, January 25, 2022 8:02 AM Subject: Relayed: Final Plat approval letter Delivery to these recipients or groups is complete, but no delivery notification was sent by the destination server: elizabethruckrrian rriail.com (elizabethruckrnanCa)gmail.com Subject: Final Plat approval letter Pam Deeter From: Microsoft Outlook < MicrosoftExchange329e71 ec88ae4615bbc36ab6ce41109e@shockeycompanies.onmic:r osoft.com> To: Elizabeth Kozel Sent: Tuesday, January 25, 2022 8:02 AM Subject: Delivered: Final Plat approval letter Your message has been delivered to the following recipients: Elizabeth Kozel _(ekiaze(c-�howardshockey.corn) Subject: Final Plat approval letter Pam Deeter From: Microsoft Outlook To: Paige Manuel Sent: Tuesday, January 25, 2022 8:02 AM Subject: Relayed: Final Plat approval letter Delivery to these recipients or groups is complete, but no delivery notification was sent by the destination server: Paige Manuel Chpmani.iel@comcast.net Subject: Final Plat approval letter 0 DOCUMENT APPROVAL FORM PLEASE REVIEW THE ATTACHED DOCUMENT. IF THIS DOCUMENT MEETS YOUR APPROVAL, INITIAL AND PROVIDE THE DATE AND TIME OF YOUR APPROVAL. IF THIS DOCUMENT DOES NOT MEET YOUR APPROVAL, PLEASE PROVIDE COMMENTS AS TO WHAT YOU WOULD LIKE TO HAVE COMPLETED. Initials Date & Time Candice Mark' V Tyler John Wyatt COMMENTS: AECEIVE© Received by Clerical Staff (Date & Time). �4 FREDERICK COUNTY PLANNING AND DEVELOPMENT MARSH & LEGGE LAND SURVEYORS, P.L.C. 560 North Loudoun Street, Winchester, VA 22601 ■ 540-667-0468 ■ Fax: 540-667-0469 ■ E-mail: office@marshandlegge.com TRANSMITTAL COVER SHEET Date: January 14, 2022 Re: Raven Pointe - Sect. 6 - PH 3 TO: Mr. Mark Cheran Frederick County Planning Department 107 North Kent Street Winchester, Virginia 22601 FROM: P. Duane Brown, L.S. WE ARE ENCLOSING THE FOLLOWING ITEMS: COPIES DATE DESCRIPTION 1 Miscellaneous and Subdivision Plats Application 1 12-14-21 Receipt for Application Fee 1 12-20-21 Monetary Guaranty Estimate Worksheet 1 01-13-22 Monetary Guaranty Estimate Review Fee 1 10-12-21 Deed of Dedication and Supplementary Declaration of Conditions, Covenants, Restrictions and Easements 5 08-03-21 Final Plat of Subdivision Raven Pointe — Section 6 Phase 3, Frederick County, Virginia (ID8354-sub-6-3) THESE ITEMS ARE TRANSMITTED FOR FINAL APPROVAL. Remarks: Please advise Marsh & Legge Land Surveyors when the plats have been approved. CC: JP Carr Raven Pointe Section 6 0 COUNTY of FREDERICK Department of Planning and Development 540/ 665-5651 Fax: 540/ 665-6395 March 8, 2017 Mr. J.P. Carr Glaize Developments, Inc. P.O. Box 888 Winchester, VA 22604-0888 RE: Raven Pointe, Section 6 Phase 2 - Final Plats Property Identification Number(s) 64-A-119 RP (Residential Performance) Zoning District Dear J.P.: This letter is to confirm that the plats for Raven Pointe Subdivision, Section 6 Phase 2 have been approved. This phase calls for 25 single-family detached urban lots in this subdivision. The appropriate construction guarantee and deed of dedication have been received. Please return a copy of the recorded plats to this office. If you have any questions, call me at (540) 665-5651. Sincerely, Mark R. Cheran Zoning Administrator MRC/pd cc: Gene E. Fisher, Shawnee Board of Supervisor Lawrence R. Ambrogi and H. Paige Manuel, Shawnee Planning Commissioners GIS Jane Anderson, Real Estate Commissioner of Revenue Attachments 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 Pam Deeter From: Mail Delivery System < MAILER- DAEMON @co.frederick.va.us> To: lawbrogi@gmail.com; gfisher@su.edu; hpmanuel@comcast.net Sent: Thursday, March 09, 2017 9:22 AM Subject: Relayed: Raven Pointe Section 6 Phase 2 plat approval Delivery to these recipients or groups is complete, but no delivery notification was sent by the destination server: lawbrogi@gmail.com gfisher@su.edu homanuel(cDcomcast.net Subject: Raven Pointe Section 6 Phase 2 plat approval VICINITY MAP SCALE: 1"-15DV ' _ / APPROVED BY %BUBO/ S/ ADMI 1RA7OR DATE -- l / ! . 'SANlTA7TOV,A OR/TY - -'-- D��' ARGINIA DEPARTMENT OF 7RANSPORM OWNERS CERTIFICATE TE 7HE A80W AND, fWE6Y 0 SUBDI NS OV CIF THE PROPERTY OF aN21r DEVELOPMENTS NVC, AS APPEARS NV THE ACCLWPANWO PLAa IS NTH 7H£ fR££ CAVSENT AND IN ACOLWANX W N THE DESN7U OF THE UNDERSIOVED OJNVERS, PROPRIETOI!RS AND 7RUSTE£S, IF ANY. 1.4117 ON B£H9LFP- GLARE DEVELOPMENTS INC. 7E C-. %ac-%kA-' NOTARY PUBLIC '*btr OF jc rq l n %c.. TH FO1REGpN INS UML7JT WAS AOKNONLEDGED B£FOR£ M£ 7HIS � \ DAY 6 4n G!`�— 20_� — BY _ n ,Q �/ f ON BEHALF OF GLNZE DEVLZOP 75 Na ANITA E. MARKLE ) L m NOTARY PUBLIC NOTARY PUBLIC REG. #138684 •rommONWEALTH OF VIRGINIA MY COMMISSION EXPIRES S L L4 2i'3 NIY °°99*ASSION EXPIRES JULY 31. 2020 SURVEYORS CER7JFICATE I HEREBY 6ER71FY THAT THE PROPERTY CONTAINED 1N THIS MAL SVBD1W4S10YV IS A PORT70N OF THE PROPERTY [PIN 64-A-119] THAT WAS CONVEYED TO GLAIZE DEVELOPMENTS INCORPORATED BY DEED DATED .VNE 24, 1964, SAID DEED RECORDED IN TH£ acRff OF THE CLERK OF THE CIRCUIT COURT OF FRED Yff COUNTY, WRGINIA IN DEED BOOK 3OO AT PAGE 571. FINAL SUBDIVISION PLAT RA VEN POIN TE - SECT/ON 6 PHASE 2 SHAWNEE MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA DAM 0110412017 COVER SHEET I SHEET 1 OF 10 Marsh & Legge Land Surveyors, P.L.C. 560 NORTH LOUDOUN STREET - WINCHESTER, VIRGINIA 22601 PHONE (540) 667-0468 - FAX (540) 667-0469 - EMAIL officeamarshandlegge.com TH OF P. Duane Brown Lic. No. 001285 Maus. 4, 2D/T yf* Sulvgl �o¢ DRAW BY.• H8K ID8354-sub-6-2 SHEET INDEX SHEET LOTS 6 12-13 5 14-17 4 19-22 8 60-63 6 64 7 65 9 66-69 10 90-93 7 94 fU1 W &rwg 9m9VT .,,5£CTIOi'V 5� INST. 040014266 KEY MAP — RA VON POINT£ SECTION 6 PHASE I INST. 060007049 r.� 200' 0 200' 400' Scale: 1* = 200' FINAL SUBDIVISION PLAT RA VEN POIN TE - SECTION 6 PHASE 2 SHAWNEE MAGISTERIAL DISTRICT FREDERICK COUNTY, I4RGINIA DALE: 0110412017 SCALE 1' = 200' 1 SHEET 2 OF 10 Marsh & Legge Land Surveyors, P.L.C. 560 NORTH LOUDOUN STREET - MNCHESTER, MRGINIA 22601 PHONE (540) 667-0468 - FAX (540) 667--0469 - EMAIL office0marsAandeW.com OF P. Duane Brown Lic. No. 001285 ?��Jan."F' 2o1T -� 6tb suit's��4 DRAWN 8 r- H&K ID8354-sub-6-2 AREA SUMMARY AREA IN LOTS- 7.8511 ACRES EX. ZONING.` RP AREA IN RIGHT -OF --WAY.• 1.990 ACRES MINIMUM SETBACK REDUIR£MENTS TOTAL AREA 080/140£0.• 9.8501 ACRES FRONT 35' NUMBER OF LOTS- 25 REAR 25' AWRAG£ L 0 T SIZE 13, 680 S0. FT. SIDE 10' SMALLEST LOT SIZE.• 12, 000 SO.. FT. ALL LOTS ARE SURECT TO A 20' SLOPE AND DRAINAGE EASEMENT ALONG ALL R16HTS-OF-WAY AND A 10' UNITr & DRAINAGE EASEMENT ALONG ALL PROPERTY LINES ALL EASEMENTS WO#V HEREIN ARE HEREBY CREATED UNLESS OTHERNISE INDICATED. PERMANENT MONUMENTA7ION /S TO BE SET AT ALL PROPERTY CORNERS NOT PRE14OUSL Y MCNUMENTED. CiRW TABLE aew RAW ARC OIL BEARdV(' M LDW7H DarA TANMVT Cl 327X 7822 S 852 54 E 778 1321 3828 67 10911W 796 N -X28 ' E 1616' LID7030 2 0 JW 2?409' N 21 t7 W 2189 424 52 f17.56' C4 3A x Bi8? N 6779 5 1 W 241. 49 9 1. aa9 a 50ROq 11876 W 4o f0,90 7 11848 73�6` 59.68 AS 750 X I3820' S amil W 13801 10 29 6930 07 327.00' X55' N 71-4,905' W 938 133821 X9 C8 54100 6Q6 S X21:vb E 57 64222 H.— C9 KX- 41I7 SW7440 W 4094 71N4' 2123' CIO 4710 1230 S 39'48-54 W 1230 019NA61 Cif mx 74118 S mw W 87.56 85tv01 4582 C12 327.AC 5917 N 59 N 2 W—ff KOS 1022 1 29.88' C13 54:A7 5R34 S 5= 0 W 4854 532455 27.1 C14 WX— 5Q34' N W 4dt54f Jr0 455' 27.1 C15 310? &84 N 41taS 4 E U8! t4 414E CIS 3T,- 845? N 0329 f &15 8OW 5370 C17 52500' X 57' N JVW5,V E 7850' 082121 JRJV CIS 327X' 10202 N 222958 W 10Y.W 1752 5t. C19 5550, 8452 N 0574 3'E 59 7338'4 374E C20 327.0 7&89 NOB500frol 78;V 13'4.9 J984 C30 97300 71.94 S 45' A' 11.94 OD'42 1 19 C31 27300 4' or S Of 8 E 48x f0775K 24t80 C32 27d019 11241 S 21'1859 E 111.62 2 3f 57.01 KU 27309 194.5 S 5417148 E IM 0l 101.62' 04 72I09' 87.82 N 02 5f E 67.80 Gv2229 ,I3I94 C35 5920 7d82 N 47'49 E 87.14 8f71 4130 C36 273 7406 S 827 0 E I 7d 153?J3' 37.26 07 500D 84 S 4MOr E 74,52 W2051 55i8 C38 1 717.00' 1 S316 S 077419 W I M2 0385'39 2484' FINAL SUBDIVISION PLA T RA VEN PO/N TE N SECTION 6 PHASE 2 SHAWNEE MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA DATE, 0110412017 SHEET 3 OF 10 Marsh & Legge Land Surveyors, P.L.C. 560 NORTH LOUDOUN STREET - MNCHESTER, MRGINIA 22601 PHONE (540) 667-0468 - FAX (540) 667-0469 - EMAIL office0morshandlegge com TB OF P. Duane Brown Lic. No. 001285 Jan. 4, Zo Xt? 4 D suR�8��4 DRAW BY.• HBK ID8354-sub-6-2 w. W i SEE SHEET 5 i \ LOT 19 I g \ \ 23,174 SO FT. \� 10L_ J II �c� -- N8943Z1'�W 159.47r �� I --- LOTH? I 8 I� 14,495 50, FT. t I I o, LOT a$ L I I Q 0 moo' eRL — J I 1 3 LOT 81 LOT 80 27.61 S 7 5 38' W LOT 59 I 12 000 SO FT. j L N 894321' W 150.00_L_ I 12,398 50. FTI I N L_ 10'at —JI N 894321' W 150.00' 20' FCSA. EASEMENT LOT 23 —EX. 20' F.CS.A. £SMT. 98 676 PG. 833 RAVEN POINX 50, 0 50, 100' SE0710N 6, PHASE 1 INST. 060007049 Scole: 1" = 50' FINAL SURDI WSION PLA T RA VEN POIN TE N SECTION 6 PHASE 2 SHAWNEE MAGISTERIAL DISTRICT FREDERICK COUNTY, V7RGINIA DAZE.• 0110412017 SCALE 1' = 50' 1 SHEET 4 OF 10 Marsh & Legge Land Surveyors, P.L.C. 560 NORTH LOUDOUN STREET - VANCHESTER, VIRGINIA 22601 PHONE (540) 667-0466 » FAX (540) 667-0469 - EMAIL office0morshondlegge.com OF y P. Duane Brown Uc. No. 001285 Jan. 4, 2o►7 A'D 3URy" DRAWN 8Y H8K /08354—sub-6-2 %y Uti� fUllAPE •��'s B�'9 ��o/pj z0" 'zS S .Agy 9�?/sue ,� 9e e TUr CASEMENT LOT 15 :.:: ::::::: :::::::::`:;.�. 14.107 S0. FT `69 LOT 14, ...•.:.. / 1,%087 50. FT. EASEMENT cor 12 LOT is 19,298 SO.. FT. �i p1 w N_ s� �• LOT 13 ----------- - W l E VT I - - --- ---- - �•------.-....... - 55 --- Irol LOT 17 15,298 50. FT. j I � II � I �►►• gyp-'' tiv ?O`er J j LOr 64 I LOT 19 � I /LOT 6J SEE SHEET B \ SEE SHEET 4 *CONSERVAADN EASEMENT - NO STPUC7UR£5 07HER THAN FENCES AND 50' 0 50, 100' PET HOUSE'S ARE PfWRED M78N 7H£ EASEMENT AND NO TREES LARGER THAN 6' DIAMETER AT 6" Hf7w MAY B£ Rw wD mmw THE EASEMENT. Scale: 1" - 50' FINAL SUBDIVISION PLAT RA VEN POIN TE N SEC TION 6 PHASE 2 SHAWNEE MAGISTERIAL DISTRICT FREDERICK COUNTY, WRGINIA 0A7F.• 0110412017 SCALE 1' = 50' 1 91£ET 5 CF 10 Marsh & Legge Land Surveyors, P.L.C. 560 NORTH LOLIDOLIN STREET - WINCHESTER, MRGINIA 22601 PHONE (540) 667-0468 - FAX (540) 667-0469 - EMAIL office0marshandegge com OF "1v 04,D1.- ....keA1. Z P. Duane Brown Lie. No. 001255 I�y_.lan.4, Eo�T DRAWN BY HBK IDB354—sub-6-2 1 � AmQ°lIE]VT N 87V 159" E 71.68' N LOr 14 25' 8R1 hry /` LOT 1? 12,057 50. FT. Lor 13 I 14,155 50. FT`.�, N C1 6i9SEMENT I �� �Cj ° ,•� �s w W W �1pe �----- — L ------- / ----- �, W WAIER E NT �i? EASEMENT / � ----- 7 LZ 7 P 175�---------- -- ------ ----- yG p NO2'43'06"W r`.N N39'55'iQ"W C11 `Ph� 35.00 N 783655" W '00Qfj, 20'F.GSA. 200.84' ,' �' EASEMENT SIGHT DISTANCE EASEMENT LOT 65 N417 30 7"E S25'04'16"W y! I V. L0T 64 \ ` — 14, 993 50. FT W I� 25' BP! _ (28.20') LOT 66 o� :� 894311'lY 5 109 6� 32 ti �) �EASEMENT 42.4f' Lor 63 DRAINAGE EASEMENT Lor sr SEE SHEET 8 50' 0 50' 100' Scale: 1" = 50' F/NAL SUBDI VISION PLA T RAVEN POIN TE — SEC RON 6 PHASE 2 SHAWNEE MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA DATE.- 0110412017 SCALE 1' = 50' 1 SHEET 6 OF 10 Marsh & Legge Land Surveyors, P.L.C. 560 NORTH LOUOOUN STREET - W NCHESTER, MRGINIA 22601 PHONE (540) 667-0468 - FAX (540) 667-0469 - EMAIL office0morshondegge.com Tx OF Y P. Duane Brawn Lic. No. 001285 ,Jan. 4 2.017 D suna�04 DRAWN BY HBK ID8354-sub-6-2 DRAINAGE '� c EASiMENT (15.15') (2.08') z N 875128' E 182.41" C1 57JMMMED Do;f s8�5128"-W _ _ S8751'28"w 54 R/r� _ 134 -j----------------- D ---- --_ - - X /&ENT - > N20'37'S�"E WA EP0 1755 - _ �89=4'S3 E 7793 N 2g3655 W —R a ?0p 84 I LOT 94 1 ,� LOT 65 12,222 SQ. FT 13658 so FT. � 8 to II �� ►� L 22.10':I 3 S 8929101 " W 135.87' -� a EASR£NT LOT 64 N89 �45321 N' 95 77 � � LOT 66 LOT93 yi gl� 20' 20' DRAINAGE 1 EASEMENT EASEMENT (SEE SHEET 6) SEE SHEET 5 SEE SHEET 10 ---�. ----------- - �n 50' 0 50' 100' Scale: 1" = 50' FINAL SUBDIVISION PLAT RA 1/EN POIN TE N SECTION 6 PHA SE 2 SHAWNEE MAGISTERIAL 0/STRICT FREDERICK COUNTY, WRGINIA DATE 0110412017 SCALE.• 1 " = 50' I SHEET 7 OF 10 Marsh & Legge Land Surveyors, P.L.C. %7 560 NORTH LOUDOUN STREET - ENCHESTER, VIRGINIA 22601 PHONE (540) 667-0468 — FAX (540) 667-0469 - EMAIL office0morshandlegge com P. Duane Brown IAc. No. 001285 Jean. 4,Eo)7 ' 4eb sUlt'NIS DRAWN BY.' HBK ID8354-sub-6-2 SEE SHEET 6 LOT 18 I LOT 64 3 tidl cf y \ Lor ss I , I I 4,;'z1'T � IL 42.41' LOT LOT 19 4 T 6,3 o ;u'�, 12,142 — — --i-� , N cr I. k� — — — 10,8RL — �\ \ (10.17') 20' DRAINAGE 89 I S 4321 *T 175.67 EAZMENT -- -- -- `----175L --� i Lor20 Lor 67 I Lor 82 14,109 50. FT. I iq I I _ I — 10' RR S 894321 _E 177.00 _ LOT 68 a 11" I f — — to' 8Rt ,� I LOT 21 .,W �• LOT 61 g S I 14,180 SO.. FT. I I g f T 89O12 E 177.00 (10.001) g cor 69 � I r — — 10'8Rt— cor rz �I `I'd 14,4 v�FTj I N 89432' f' 150. 00 „L— _ _ _ , i 2771 Z,sr (10.68) ._ N0076'39 E 19. 43' N 89171110' W 176, 94' 5 7yv 7* 944 38' DRAINAGE F.C.S.A, (12.19') LOT 23 LOT 70 EASE�N£NT EASEMENT � LOT 59 � I I RA bFN POINTF SECTION 6, PHASE 1 INST. 060007049 50' 0 50, 100' Scole: 1' = 50' FINAL SUBDIVISION PLAT TH of D RAVEN POIN TE N SEC TION 6 9� PHASE 2 ��'A SHAWNEE MAGISTERIAL DISTRICT. Duane Brown FREDERICK COUNTY, ORGINIA lAc. No. 001285 J fr4 2o117 .117 OA7E 0110412017 SCALE-- 1' = 50' MEET 8 OF 10 l4ND sUR�$�o4 Marsh & Legge Land Surveyors, P.L.C. 560 NORTH LOUDOUN STREET - WINCHESTER, VIRGINIA 22601 DRAWN 8Y HSK PHONE (540) 667-0468 — FAX (540) 667-0469 - EMAIL oifice0morshondlegge com ID8354—sub-6-2 LOr 94 LOT 93 Lor N _o W W LOT 91 L0T so LOT 89 SEE SHEET 7 SEE SHEET 6 L0r 65 t N 8929'Of' E 13587' (9.89') I I LOr 6/ I I LOT 66'V' } I N c. 12,599 S0. FT. } t C,, 10' BRL I t N 8943fl-rW 144.74-I 1 LOT 6.3 LOT 67 11009 SO. FT. - L _ T10_BRL J I<< LOr 62 � N 894321 W 150.00� 11,E S�FT. ' I �.• -A MENT L— 10'— _ J LOT 61 N 89 4321 W 150.00' r �10'8RL ! jLOr 89 Pl.g I 12 000 SO, FT. I I ,, I I � I N .i LOT 60 , L _ 10' 8RL_ _ r 27.692769W N 943W 15000' 177 Y . (10.68') 20' FC5A. N007K E 19.43' EASEMENT LOT 70 LOT 59 RAVEN MIME SECADN 6, PHASE 1 INST. 060007049 N W W t 50' 0 50' 100' Scale: 1" = 50' FINAL SUBDIVISION PLAT RA VEN POIN TE ,.► SECTION 6 PHA SE 2 SHAWNEE MAGISTERIAL DISTRICT FREDERICK COUNTY, WRGINIA DATE 0110412017 SCALE.' 1 " = 50' 1 SHEET 9 OF 10 Marsh & Legge Land Surveyors, P.L.C. 560 NORTH LOUDOUN STREET - WINCHESTER, VIRGINIA 22601 PHONE (540) 667-0468 — FAX (540) 667-0469 - EMAIL o(ficeftarshandlegge com TH OF iQ,�swa„dl�+o+.•r P. Duane Brown Lic. No. 001285 J4n.4, 2w 7 ORAWN BY.• H8K 08354-sub-6-2 . r T o AEIELGI9M�]VT SEE SHEET 7 �_ a N LOT 94 2 54.13' Z w (15.26') S 894321' £ 150. 00' '- io eRc ± 1 I LOT 68 LOT AY LOT 97 0 >2, 000 SO. FT — S 89 4321 " E 150.00' r f0' BRL —i Ikct 8 I LOT 92I ( : $ 1 LOT 57 'h 1Z000 S0. FT. N. LOT 98 S ICI 2 �$ L — 10'8Rt— _ J -- 3 S 894321' E 15000'I W r —I BRL -- I r 8 g I LOT 91I �.;. $ S 10T 6B I h 12,000 SO.. FT LOT 99 � I i y L— 10' RL --i I -- 1 S 8943'21' E 150.00' r 10' k I LOT 910 �I I �$ L0T 69 12,001 S0. FT. LOT 100 12-1.4 — f0' BR[ — J I 2y 69' 27.69 ORA/NAGE 7 39If EASEMENT N 89 43'21 " W 150.00' S 7 5 .38 I 20' F.C.S.A. I I LOT 70 LOT 89 EASEMENT J RAVEN PUNTE SECTION 6, PHASE 1 INST. 060007049 50' 0 50' 100' Scale: 1" = 50' FINAL SUBDIVISION PLA T TH Oar D RA VEN POIN TE - SECTION 6 PHASE 2 SHAWNEE MAGISTERIAL DISTR/CT P. Duane Brown FREDERICK COUNTY, ►iIRGINIA lAc. No. 001285 jan.+'EotT DATE.• 0110412017 SCALE1" = 50' SHEET 10 Of to rq�D svte���°4 L2% Marsh & Legge Land Surveyors, P.L.C. mo 560 NORTH LOUDOUN STREET - WINCHESTER, VIRGINIA 22601 DRAW 8Y. HBK PHONE (540) 667-0468 - . FAX (540) 667-0469 - EMAIL oflice0marshandlegge com ID8354—sub-6-2 ViRUNiA FRM- ERICK COUNTY.SU►. This instrument of writing was produced to me on LAB- 17 at 3' 0 5 BM. and with certificate acknowledgement thereto annexed was admitted to record. Tax imposed by Sec. 58.1-802 of SIA4 and 58.1-801 have been paid, if assessable 4&e4 )Oa,00i 17OOO24O8 Prepared by and return to: _ Stephen L Pettler, Jr., Esq. HARRISON & JOHNSTON, PLC 21 South Laudoun Street fV Winchester, Virginia 22601 C:, Tel. 540.667.1266 C J pettler@haffison-johnston.com RAVEN POINTE, SECTION 6, PHASE 2 DEED OF DEDICATION AND SUPPLEMENTARY DECLARATION OF CONDITIONS, COVENANTS, RESTRICTIONS, AND EASEMENTS THIS DEED OF DEDICATION AND SUPPLEMENTARY DECLARATION OF CONDITIONS, COVENANTS, RESTRICTIONS, AND EASEMENTS, made and dated this Vt µ day of Mo4-6-% , 2017, by and between GLAIZE DEVELOPMENTS, INC. a Virginia corporation, of the first part, hereinafter called "the DECLARANT"; and the COUNTY OF FREDERICK, VIRGINIA, of the second part, hereinafter called "COUNTY"; and the FREDERICK COUNTY SANITATION AUTHORITY of the third part, hereinafter called "F.C.S.A."; and RAVEN POINTE HOMEOWNERS ASSOCIATION, INC., of the fourth part called "HOA". SECTION 1 DEDICATIONS WHEREAS, the DECLARANT is the owner in fee simple of the real estate shown on that certain Final Subdivision Plat drawn by P. Duane Brown, Land Surveyor, dated January 4, 2017, known as Raven Pointe, Section 6, Phase 2, which Final Subdivision Plat is attached hereto and incorporated herein by reference as if set out in full. This is a portion of the same real estate previously conveyed to the DECLARANT by that certain deed recorded in Deed Book 300 at Page 571 and Instrument No. 020008672, among the land records of Frederick County, Virginia; and WHEREAS, said real estate, as shown on the aforesaid attached Final Subdivision Plat, has been subdivided into lots for the construction of single family homes thereon (Lots 12-17, 19-22, 60-69, and 90-94, inclusive), and the hereinabove Final Subdivision Plat shows accurately the metes and bounds of the subdivided land, together with the dimensions of each Lot thereof and also shows certain surrounding landsin said Subdivision to be used as public streets, conservation, sanitary sewer easements, water facilities easements, drainage and sight distance easements, all of which shall constitute a portion of that development known as Raven Pointe, Section 6, Phase 2. Those areas that are marked as common areas are to be owned and/or maintained by the Raven Pointe Homeowners Association upon the terms and conditions set forth hereinafter; and WHEREAS, the Subdivision of Raven Pointe, Section 6, Phase 2, as shown on the aforesaid attached Final Subdivision Plat, is with the free consent and in accordance with the desires of the undersigned DECLARANT, and the DECLARANT further desires to subdivide the aforesaid real estate in accordance with the provisions of "The Virginia Land Subdivision Act" as are applicable Page i of 8 _,:7 and in force and effect as of the date of execution of this Deed of Dedication. c NOWTHEREFORE,THISDEEDOFDEDICATIONWITNESSETH:Thatforandinconsideration N of the premises and the benefits which will accrue by reason of this Dedication, the DECLARANT C-; does hereby subdivide all of that certain tractor parcel of land designated as Raven Pointe, Section 6, Phase 2, lying and being situate in the County of Frederick, Virginia, and being more particularly described by that certain Final Subdivision Plat of Raven Pointe, Section 6, Phase 2, by P. Duane Brown, Land Surveyor, dated January 4, 2017 (containing Lots 12-17, 19-22, 60-69, and 90-94, inclusive) which Final Subdivision Plat is attached hereto and incorporated herein as if set out in full. FOR AND INCONSIDERATION AS AFORESAID: 1. The DECLARANT does further dedicate all of the streets in Raven Pointe, Section 6, Phase 2, to the COUNTY for public use, which streets dedicated hereby are more particularly described by the hereinabove referenced Final Subdivision Plat of Raven Pointe, Section 6, Phase 2. The DECLARANT specifically dedicates by this Declaration those streets known as: Summerfield Drive, as described on Sheet 4 of the said Plat; Summerfield Drive and Derrynan Court, as described on Sheets 5 and 6 of the said Plat; Taggart Drive and Summerfield Drive, as described on Sheet 7 of the said Plat; Summerfield Drive, as described on Sheet 8 of the said Plat; and Taggart Drive, as described on Sheets 9 and 10 of the said Plat. FURTHER, the DECLARANT hereby creates and conveys to the COUNTY, a permanent sight - distance easement, designated as "Sight Distance Easement" on Sheets 6 and 7 of the said Plat, for the purpose of providing and maintaining unobstructed sight for vehicular and pedestrian safety ("Sight Distance Easement"). The owners of the Lots subject to the Sight Distance Easement, their transferees, successors, and assigns, shall at all times have the right to cross over and upon the Sight Distance Easement, and to use the surface over the Sight Distance Easement, in such manner as will neither injure nor unnecessarily interfere with the purposes of the sight -distance easements, including the construction of fences, shrubberies or other landscaping, structures, and like improvements and facilities. Notwithstanding the foregoing, no building or other structure shall be erected over or upon the Sight Distance Easement unless by mutual consent of the parties or their successors. Whenever the enjoyment of its rights hereunder requires the COUNTY to disturb the surface of the ground or improvements to the property, it shall be the obligation of the COUNTY to restore the same to its condition prior to being so disturbed at the COUNTY's expense. COUNTY shall have the right to trim, maintain, and/or remove any and all plantings deemed by it to be an obstruction within the easement area; provided, however, that the COUNTY at its own expense shall restore as it deems appropriate for easement use, all land or premises which are disturbed in any manner by the removal of obstructions and/or maintenance of said Sight Distance Easement area. 3. FURTHER, the DECLARANT hereby creates and conveys to the F.C.S.A. the following Page 2 of 8 easements, as set forth on the Final Subdivision Plat, with the approval and consent of the T Frederick County Sanitation Authority, as evidenced by signatures set out on the subdivision Plat: a. Permanent F.C.S.A. easements of twenty feet (20') in width, together with N a temporary construction easementten feet (10') in width adjacent thereto, designated as "20' F.C.S.A. Easement" on Sheets 4, 5, 6, 7, 9, and 10 ("20' F.C.S.A. Easements"). These easements shall run with the land. The 20' F.C.S.A. Easements herein conveyed to the F.C.S.A. grant the perpetual right to install, lay, and maintain sewer and water facilities, including the right to go on, over, and upon the said 20' F.C.S.A. Easements for the purpose of installing, laying, maintaining, repairing, and replacing the same as needed. The sewer and water facilities shall be installed, laid, and maintained below the surface of the ground to the extent possible. The owners of the Lots subject to the 20' F.C.S.A. Easements, their transferees, successors, and assigns, shall at all times have the right to cross over and upon the 20' F.C.S.A. Easements, and to use the surface over the easements, in such manneras will neither injure nor unnecessarily interfere with the construction, operation, or maintenance of the sewer and water facilities, including, but not limited to, the construction of fencing, landscaping and like improvements. Notwithstanding the foregoing, no building or other structure shall be erected over or upon the 20' F.C.S.A. Easements unless by mutual consent of the parties or their successors. Whenever the enjoyment of its rights hereunder requires the F.C.S.A. to disturb the surface of the ground or approved improvements to the property, it shall be the obligation of the F.C.S.A. to restore the same to its condition prior to being so disturbed at the F.C.S.A.'s expense. The temporary construction easements shall expire upon completion of construction and installation of the sewer and water facilities. b. Permanent F.C.S.A. easement of fifteen feet (15') in width, together with a temporary construction easement ten feet (10') in width adjacent thereto, designated as "15' F.C.S.A. Easement" on Sheet 5 ("15' F.C.S.A. Easement"). This easement shall run with the land. The 15' F.C.S.A. Easement herein conveyed to the F.C.S.A. grant the perpetual right to install, lay, and maintain sewer and water facilities, including the right to go on, over, and upon the said 15' F.C.S.A. Easement for the purpose of installing, laying, maintaining, repairing, and replacing the same as needed. The sewer and water facilities shall be installed, laid, and maintained below the surface of the ground to the extent possible. The owners of the Lots subject to the 15' F.C.S.A. Easement, their transferees, successors, and assigns, shall at all times have the right to cross Page 3 of 8 over and upon the 15' F.C.S.A. Easement, and to use the surface over the easements, in such manneraswill neither injure nor unnecessarily interfere with the construction, operation, or maintenance of the sewer and water �} facilities, including, but not limited to, the construction of fencing, ry landscaping, and like improvements. Notwithstanding the foregoing, no p building or other structure shall be erected over or upon the 15' F.C.S.A. W Easement unless by mutual consent of the parties or their successors. Whenever the enjoyment of its rights hereunder requires the F.C.S.A. to disturb the surface of the ground or approved improvements to the property, it shall be the obligation of the F.C.S.A. to restore the same to its condition prior to being so disturbed at the F.C.S.A: s expense. The temporary construction easement shall expire upon completion of construction and installation of the sewer and water facilities. C. Permanent F.C.S.A. easement as shown on the said Plat together with a temporary construction easement ten feet (10') in width adjacent thereto, designated as "F.CS.A. Easement" on Sheets 6, 7, and 8 ("F.C.S.A. Easements"). These easements shall run with the land. The F.C.S.A. Easements herein conveyed to the F.C.S.A. grant the perpetual right to install, lay, and maintain sewer and water facilities, includingthe rightto go on, over, and upon the said F.C.S.A. Easements forthe purpose of installing, laying, maintaining, repairing, and replacing the same as needed. The sewer and water facilities shall be installed, laid, and maintained belowthe surface of the ground to the extent possible. The owners of the Lots subject to the F.C.S.A. Easements, their transferees, successors, and assigns, shall at all times have the right to cross over and upon the F.C.S.A. Easements, and to use the surface over the easements, in such manneraswill neitherinjure nor unnecessarily interfere with the construction, operation, or maintenance of the sewer and water facilities, including, but not limited to, the construction of fencing, landscaping, and like improvements. Notwithstanding the foregoing, no building or other structure shall be erected over or upon the F.C.S.A. Easements unless by mutual consent of the parties or their successors. Whenever the enjoyment of its rights hereunder requires the F.C.S.A. to disturb the surface of the ground or approved improvements to the property, it shall be the obligation of the F.C.S.A. to restore the same to its condition prior to being so disturbed at the F.C.S.A.'s expense. The temporary construction easements shall expire upon completion of construction and installation of the sewer and water facilities. 4. FURTHER, the DECLARANT hereby creates, grants, conveys, and reserves, for the benefit of Lots 12-17, 19-22, 60-69, and 90-94, inclusive (being all of the Lots created by the Page 4 of 8 aforesaid subdivision) and the HOA, as the custodian charged with the maintenance of the 777 same on behalf of the owners of the aforesaid lots, the following easements: cs tV d. Permanent Drainage easements of twenty feet (20') in width as shown on the said Plat together with a temporary construction easement ten feet (10') in width »- adjacent thereto, designated as "20' Drainage Easement" on Sheets 6, 7, 8, and 9 ("20' Drainage Easements"). These easements shall run with the land. Together with the 20' Drainage Easements herein reserved for the benefit of the given Lots and the HOA, the DECLARANTgrants the HOA the perpetual right to install, lay, and maintain such drainage facilities and equipment as needed. The 20' Drainage Easements shall be installed, laid, and maintained below the surface of the ground to the extent possible. The owners of the Lots subject to the 20' Drainage Easements, their transferees, successors, and assigns, shall at all times have the right to cross over and upon the 20' Drainage Easements, and to use the surface over the easements, in such manner as will neither injure nor unreasonably interfere with the construction, operation, or maintenance of the drainage easement, including, but not limited to, the construction of fencing, landscaping, and like improvements. Notwithstanding the foregoing, no building orother structure shall be erected over or upon the 20' Drainage Easements, unless by mutual consent of the parties or their successors. Wheneverthe enjoyment of its rights hereunder requiresthe HOA to disturb the surface of the ground or improvements to the property, it shall be the obligation of the HOA to restore the same to its condition prior to being so disturbed at the HOA's expense. The temporary construction easements shall expire upon completion of construction and installation of the drainage facilities and equipment contemplated. e. Permanent Drainage easements as shown on the said Plat together with a temporary construction easement ten feet (10') in width adjacent thereto, designated as "Drainage Easement" on Sheets 7, 8, and 10 ("Drainage Easements"). These easements shall run with the land. Together with the Drainage Easements herein reserved for the benefit of the given Lots and the HOA, the DECLARANT grants the HOA the perpetual right to install, lay, and maintain such drainage facilities and equipment as needed.The Drainage Easements shall be installed, laid, and maintained below the surface of the ground. The owners of the Lots subject to the Drainage Easements, their transferees, successors, and assigns, shall at all times have the right to cross over and upon the Drainage Easements, and to use the surface over the easements, in such manner as will neither injure nor unreasonably interfere with the construction, operation, or maintenance of the drainage easement, including, but not limited to, the construction of fencing, landscaping, and like improvements. Notwithstanding the foregoing, no building or other structure shall be erected over Page 5 of 8 or upon the Drainage Easements, unless by mutual consent of the parties or their successors. Whenever the enjoyment of its rights hereunder requires the HOA to disturb the surface of the ground or improvements to the property, it shall be the C obligation of the HOA to restore the same to its condition prior to being so N disturbed at the HOA's expense. The temporary construction easements shall C1 U'f expire upon completion of construction and installation of the drainage facilities and equipment contemplated. Permanent Conservation Easement as shown on the said Plat designated as "Conservation Easement" on Sheet 5 ("Conservation Easement"). This easement shall run with the land. The Conservation Easement herein reserved forthe benefit of the given Lots and the HOA requires, as set out on the Plat, that no structures other than fences and pet houses are permitted within the easement and no trees larger than 6" diameter at 6" height may be removed within the easement. Notwithstanding the foregoing, no fence or pet house shall be erected over or upon the Conservation Easement, unless by mutual consent of the parties or their successors. Whenever the enjoyment of its rights hereunder requires the HOA to disturb the surface of the ground or conforming improvements to the property, it shall be the obligation of the HOA to restore the same to its condition prior to being so disturbed at the HOA's expense, so long as the improvement disturbed was approved by mutual consent of the parties, pursuant to this paragraph. PROFFERS: RAVEN POINTE, SECTION 6, PHASE 2 IS A NON PROFFERED SUBDIVISION SECTION 2 ACTION PURSUANT TO ARTICLE II OF THAT CERTAIN DEED OF DEDICATION DATED JULY 23, 2004 AND RECORDED IN THE AFORESAID CLERK'S OFFICE AS INSTRUMENT NO.040014266 WHEREAS, DECLARANT executed and placed on record a Deed of Dedication dated July 23, 2004, which instrument is recorded in the aforesaid Clerk's Office as Instrument No. 040014266 ("Section 5 Deed of Dedication"); and WHEREAS, the Section 5 Deed of Dedication placed or created certain conditions, covenants, restrictions, and easements with regard to Lots 97.103, 108-164 of the Raven Pointe Subdivision, Section 5; and WHEREAS, Article II thereof provides for additional land to be annexed and/or added to the Raven Pointe Section 5 Subdivision; and WHEREAS, DECLARANT also executed and placed on record a Deed of Dedication and Supplementary Declaration of Conditions, Covenants, Restrictions, and Easements dated April 12, 2006, which instrument is recorded in the aforesaid Clerk's Office as Instrument No. 060007049 ("Section 6 Phase 1 Deed of Dedication"); and WHEREAS, under the same Article II of the Section 5 Deed of Dedication, the Section 6 Phase 1 Deed of Dedication added to the Section 5 subdivision certain conditions, covenants, Page 6 of 8 restrictions and easements with regard to Lots 23-37, 49-59, 70-89, and 104-107 of the Raven Pointe Subdivision, Section 6, Phase 1; and WHEREAS, the DECLARANT desires to annex additional land to the Raven Pointe c) Subdivision Sections 5 and 6, Phase 1, and extend the scheme of the conditions, covenants, - restrictions and easements of the Section 5 Deed of Dedication and the Section 6 Phase 1 Deed CD its of Dedication hereinbefore mentioned, to the subject annexed property. C_ , NOW, THEREFORE W►TNESSETH. That the DECLARANT does hereby annex and add Raven Pointe Subdivision, Section 6, Phase 2, consisting of those certain Lots 12-17,19-22, 60-69, and 90- 94, inclusive, and all other lands shown in connection therewith, as set forth on that certain plat of subdivision dated January 4, 2017 attached hereto, to Lots 97-103, 108-164, inclusive, of the Raven Pointe Subdivision, Section 5 and Lots 23-37, 49-59, 70-89, and 104-107, inclusive, of the Raven Point Subdivision, Section 6, Phase 1, pursuant to Article 11 of the Section 5 Deed of Dedication, dated July 23, 2004, and recorded in the Office of the Clerk of the Circuit Court of Frederick County, Virginia as Instrument No. 040014266. AND FURTHER, that the DECLARANT does further incorporate herein, and does hereby impose upon Raven Pointe, Section 6, Phase 2, consisting ofthose certain Lots 12-17,19-22, 60-69, and 90-94, inclusive, and all other lands shown in connection therewith on the aforesaid attached Final Subdivision Plat, all provisions of the Deed of Dedication for Raven Pointe Subdivision, Section 5, dated July 23, 2004, and recorded in the said Clerk's Office as Instrument No. 040014266, and all provisions of the Deed of Dedication for Raven Pointe Subdivision, Section 6, Phase 1, dated April 12, 2006, and recorded in the said Clerk's Office as Instrument No. 060007049-including complimentary declarations made modifying the initial Section 5 Deed of Declaration -as if the same were set forth in full herein; and, the DECLARANT does further declare that the HOA is charged with the rights, duties, obligations, and responsibilities in connection with the land annexed herein as set forth in the aforesaid Deed of Declaration. The DECLARANT does hereby further declare that no other change or modification is intended to be made to the Section 5 Deed of Declaration, as filed. SECTION 3 GENERAL RESERVATION The DECLARANT hereby reserves unto itself, for a period of five (5) years, the Right to amend this Deed of Dedication and Supplementary Declaration of Conditions, Covenants, Restrictions, and Easements, and the Final Subdivision Plat attached hereto, provided that the single family, residential nature of the subdivision shall not be changed and such amendments are made in conformity with applicable law. Page 7 of 8 WITNESS the following signatures and seals on the date first above written: GLAIZE DEVELOPMENTS, INC. cJ A Virginia Corporation _ n� t� 0y: (SEAL) John P rick Carr, President COMMONWEALTH OF VIRGINIA ) )Ss CITY OF WINCHESTER ) The foregoing instrument was acknowledged before me this $ day of K-6,k 2017 by John Patrick Carr as President of Glaize Developments, Inc., a Virginia corporation, on behalf of said Corporation. q't, EW-" Notary Public, Number: t3` 1-2.z ZD My Commission Expires: ANITA E. MARKLE NOTARY PUBLIC REG. #138684 F OMMONWEALTH OF VIRGINIA MY COMMISSION EXPIRES JULY 31. 2020 Page 8 of 8 SUBDIVISION APPLICATION FREDERICK COUNTY, VIRGINIA ;i#E OfficeUseOnly- Date: S i �� iS Application #: h MDP: / yes no If no, has the MDP requirement been waived by the Planning Director?: yes no If the MDP has been waived, fill in the following public meeting dates for the final plats: PC Meeting Date BOS Meeting Date 1. Applicant: P. Duane Brown, L.S., Marsh & Legge Land Surveyors Name: Address: 560 North Loudoun Street Winchester, Virginia 22601 2. Property Owner (if different than above) Name: Glaize Developments, Inc. Address: P.O. Box 888 Winchester, Virginia 22604 Telephone: (540) 667-0468 Telephone: (540) 662-2092 3. Please list names of all owners, principals, and/or majority stockholders: Names not disclosed 4. Contact person if other than above Name: 5. Name of Proposed Subdivision: 6. Number of Lots: 25 7. Total Acreage: 9.8501 Acres Telephone: Raven Pointe — Section 6, Phase 2 8. Property Location: 0.2 miles northeast of the intersection of Taggart Drive (Va. Sec. Rt. 1535) & Summerfield Drive (Va. Sec. Rt. 1536) at the end of each street (Give State Route # and name, distance and direction from intersection) 4 9. 10 11 Magisterial District: Shawnee Property Identification Number (P.I.N.): 64-A-119 (Parent Tract) Property zoning and present use: zoning: RP Use: Vacant 12. Adjoining property zoning and use: USE 13. 14. 15. 16. 17. 18. 19. ZONING North Residential & Vacant RP East Agricultural RA South Residential RP West Residential & Vacant RP Has a Master Development Plan been submitted for this project? IIYes nNo If yes, has the final MDP been approved by the Board of Supervisors? Iy I Yes nNo What was the Master Development Plan title? Oakdale Ill, Raven Point, Raven Oaks & Ravenwing Does the plat contain any changes from the approved MDP? Dyes nNo If yes, specify what changes: Minimum Lot Size (smallest lot): 12,000 Square Feet Number and types of housing units in this development: 25 Single -Family detached urban of 165 (total lots) I have read the material included in this package and understand what is required by the Frederick County Planning Department. I also understand that all required material will be complete prior to the submission of my site plan. Signature: Date: 10 t � �,� -�� ,. � 1 Prepared by and return to: Stephen L. Pettler, Jr., Esq. HARRISON & JOHNSTON, PLC 21 South Loudoun Street Winchester, Virginia 22601 Tel. 540.667.1266 pettler@harrison-johnston.com RAVEN POINTE, SECTION 6, PHASE 2 DEED OF DEDICATION AND SUPPLEMENTARY DECLARATION OF CONDITIONS, COVENANTS, RESTRICTIONS, AND EASEMENTS THIS DEED OF DEDICATION AND SUPPLEMENTARY DECLARATION OF CONDITIONS, COVENANTS, RESTRICTIONS, AND EASEMENTS, made and dated this day of 2017, by and between GLAIZE DEVELOPMENTS, INC. a Virginia corporation, of the first part, hereinafter called "the DECLARANT"; and the COUNTY OF FREDERICK, VIRGINIA, of the second part, hereinafter called "COUNTY"; and the FREDERICK COUNTY SANITATION AUTHORITY, of the third part, hereinafter called "F.C.S.A."; and RAVEN POINTE HOMEOWNERS ASSOCIATION, INC., of the fourth part called "HOA". SECTION 1 DEDICATIONS WHEREAS, the DECLARANT is the owner in fee simple of the real estate shown on that certain Final Subdivision Plat drawn by P. Duane Brown, Land Surveyor, dated January 4, 2017, known as Raven Pointe, Section 6, Phase 2, which Final Subdivision Plat is attached hereto and incorporated herein by reference as if set out in full. This is a portion of the same real estate previously conveyed to the DECLARANT by that certain deed recorded in Deed Book 300 at Page 571 and Instrument No. 020008672, among the land records of Frederick County, Virginia; and WHEREAS, said real estate, as shown on the aforesaid attached Final Subdivision Plat, has been subdivided into lots for the construction of single family homes thereon (Lots 12-17, 19-22, 60-69, and 90-94, inclusive), and the hereinabove Final Subdivision Plat shows accurately the metes and bounds of the subdivided land, together with the dimensions of each Lot thereof and also shows certain surrounding lands in said Subdivision to be used as public streets, conservation, sanitary sewer easements, water facilities easements, drainage and sight distance easements, all of which shall constitute a portion of that development known as Raven Pointe, Section 6, Phase 2. Those areas that are marked as common areas are to be owned and/or maintained by the Raven Pointe Homeowners Association upon the terms and conditions set forth hereinafter; and WHEREAS, the Subdivision of Raven Pointe, Section 6, Phase 2, as shown on the aforesaid attached Final Subdivision Plat, is with the free consent and in accordance with the desires of the undersigned DECLARANT, and the DECLARANT further desires to subdivide the aforesaid real estate in accordance with the provisions of "The Virginia Land Subdivision Act" as are applicable Pagel of 8 and in force and effect as of the date of execution of this Deed of Dedication. NOW THEREFORE, THIS DEED OFDEDICATION WITNESSETH: That for a nd in consideration of the premises and the benefits which will accrue by reason of this Dedication, the DECLARANT does hereby subdivide all ofthat certain tract or parcel of land designated as Raven Pointe, Section 6, Phase 2, lying and being situate in the County of Frederick, Virginia, and being more particularly described by that certain Final Subdivision Plat of Raven Pointe, Section 6, Phase 2, by P. Duane Brown, Land Surveyor, dated January 4, 2017 (containing Lots 12-17, 19-22, 60-69, and 90-94, inclusive) which Final Subdivision Plat is attached hereto and incorporated herein as if set out in full. FOR AND IN CONSIDERATION AS AFORESAID: 1. The DECLARANT does further dedicate all of the streets in Raven Pointe, Section 6, Phase 2, to the COUNTY for public use, which streets dedicated hereby are more particularly described by the hereinabove referenced Final Subdivision Plat of Raven Pointe, Section 6, Phase 2. The DECLARANT specifically dedicates by this Declaration those streets known as: Summerfield Drive, as described on Sheet 4 of the said Plat; Summerfield Drive and Derrynan Court, as described on Sheets 5 and 6 of the said Plat; Taggart Drive and Summerfield Drive, as described on Sheet 7 of the said Plat; Summerfield Drive, as described on Sheet 8 of the said Plat; and Taggart Drive, as described on Sheets 9 and 10 of the said Plat. 2. FURTHER, the DECLARANT hereby creates and conveys to the COUNTY, a permanent sight - distance easement, designated as "Sight Distance Easement" on Sheets 6 and 7 of the said Plat, for the purpose of providing and maintaining unobstructed sight for vehicular and pedestrian safety ("Sight Distance Easement"). The owners of the Lots subject to the Sight Distance Easement, their transferees, successors, and assigns, shall at all times have the right to cross over and upon the Sight Distance Easement, and to use the surface over the Sight Distance Easement, in such manner as will neither injure nor unnecessarily interfere with the purposes of the sight -distance easements, including the construction of fences, shrubberies or other landscaping, structures, and like improvements and facilities. Notwithstanding the foregoing, no building or other structure shall be erected over or upon the Sight Distance Easement unless by mutual consent of the parties or their successors. Whenever the enjoyment of its rights hereunder requires the COUNTY to disturb the surface of the ground or improvements to the property, it shall be the obligation of the COUNTY to restore the same to its condition prior to being so disturbed at the COUNTY's expense. COUNTY shall have the right to trim, maintain, and/or remove any and all plantings deemed by it to be an obstruction within the easement area; provided, however, that the COUNTY at its own expense shall restore as it deems appropriate for easement use, all land or premises which are disturbed in any manner by the removal of obstructions and/or maintenance of said Sight Distance Easement area. 3. FURTHER, the DECLARANT hereby creates and conveys to the F.C.S.A. the following Page 2 of 8 easements, as set forth on the Final Subdivision Plat, with the approval and consent of the Frederick County Sanitation Authority, as evidenced by signatures set out on the subdivision Plat: a. Permanent F.C.S.A. easements of twenty feet (20') in width, together with a temporary construction easementten feet (10') in width adjacent thereto, designated as "20' F.C.S.A. Easement" on Sheets 4, 5, 6, 7, 9, and 10 ("20' F.C.S.A. Easements"). These easements shall run with the land. The 20' F.C.S.A. Easements herein conveyed to the F.C.S.A. grant the perpetual right to install, lay, and maintain sewer and water facilities, including the right to go on, over, and upon the said 20' F.C.S.A. Easements for the purpose of installing, laying, maintaining, repairing, and replacing the same as needed. The sewer and water facilities shall be installed, laid, and maintained below the surface of the ground to the extent possible. The owners of the Lots subject to the 20' F.C.S.A. Easements, their transferees, successors, and assigns, shall at all times have the right to cross over and upon the 20' F.C.S.A. Easements, and to use the surface over the easements, in such manneras will neither injure nor unnecessarily interfere with the construction, operation, or maintenance of the sewer and water facilities, including, but not limited to, the construction of fencing, landscaping and like improvements. Notwithstanding the foregoing, no building or other structure shall be erected over or upon the 20' F.C.S.A. Easements unless by mutual consent of the parties or their successors. Whenever the enjoyment of its rights hereunder requires the F.C.S.A. to disturb the surface of the ground or approved improvements to the property, it shall be the obligation of the F.C.S.A. to restore the same to its condition prior to being so disturbed at the F.C.S.A.'s expense. The temporary construction easements shall expire upon completion of construction and installation of the sewer and water facilities. b. Permanent F.C.S.A. easement of fifteen feet (15') in width, together with a temporary construction easement ten feet (10') in width adjacent thereto, designated as "15' F.C.S.A. Easement" on Sheet 5 ("15' F.C.S.A. Easement"). This easement shall run with the land. The 15' F.C.S.A. Easement herein conveyed to the F.C.S.A. grant the perpetual right to install, lay, and maintain sewer and water facilities, including the right to go on, over, and upon the said 15' F.C.S.A. Easement for the purpose of installing, laying, maintaining, repairing, and replacing the same as needed. The sewer and water facilities shall be installed, laid, and maintained below the surface of the ground to the extent possible. The owners of the Lots subject to the 15' F.C.S.A. Easement, their transferees, successors, and assigns, shall at all times have the right to cross Page 3 of 8 over and upon the 15' F.C.S.A. Easement, and to use the surface over the easements, in such manner as will neither injure nor unnecessarily interfere with the construction, operation, or maintenance of the sewer and water facilities, including, but not limited to, the construction of fencing, landscaping, and like improvements. Notwithstanding the foregoing, no building or other structure shall be erected over or upon the 15' F.C.S.A. Easement unless by mutual consent of the parties or their successors. Whenever the enjoyment of its rights hereunder requires the F.C.S.A. to disturb the surface of the ground or approved improvements to the property, it shall be the obligation of the F.C.S.A. to restore the same to its condition prior to being so disturbed at the F.C.S.A.'s expense. The temporary construction easement shall expire upon completion of construction and installation of the sewer and water facilities. C. Permanent F.C.S.A. easement as shown on the said Plat together with a temporary construction easement ten feet (10') in width adjacent thereto, designated as "F.C.S.A. Easement" on Sheets 6, 7, and 8 ("F.C.S.A. Easements"). These easements shall run with the land. The F.C.S.A. Easements herein conveyed to the F.C.S.A. grant the perpetual right to install, lay, and maintain sewer and water facilities, including the right to go on, over, and upon the said F.C.S.A. Easements for the purpose of installing, laying, maintaining, repairing, and replacing the same as needed. The sewer and waterfacilities shall be installed, laid, and maintained below the surface of the ground to the extent possible. The owners of the Lots subject to the F.C.S.A. Easements, their transferees, successors, and assigns, shall at all times have the right to cross over and upon the F.C.S.A. Easements, and to use the surface over the easements, in such manner as will neither injure nor unnecessarily interfere with the construction, operation, or maintenance of the sewer and water facilities, including, but not limited to, the construction of fencing, landscaping, and like improvements. Notwithstanding the foregoing, no building or other structure shall be erected over or upon the F.C.S.A. Easements unless by mutual consent of the parties or their successors. Whenever the enjoyment of its rights hereunder requires the F.C.S.A. to disturb the surface of the ground or approved improvements to the property, it shall be the obligation of the F.C.S.A. to restore the same to its condition prior to being so disturbed at the F.C.S.A.'s expense. The temporary construction easements shall expire upon completion of construction and installation of the sewer and water facilities. 4. FURTHER, the DECLARANT hereby creates, grants, conveys, and reserves, for the benefit of Lots 12-17, 19-22, 60-69, and 90-94, inclusive (being all of the Lots created by the Page 4 of 8 aforesaid subdivision) and the HOA, as the custodian charged with the maintenance of the same on behalf of the owners of the aforesaid lots, the following easements: d. Permanent Drainage easements of twenty feet (20') in width as shown on the said Plat together with a temporary construction easement ten feet (10') in width adjacent thereto, designated as "20' Drainage Easement" on Sheets 6, 7, 8, and 9 ("20' Drainage Easements"). These easements shall run with the land. Together with the 20' Drainage Easements herein reserved for the benefit of the given Lots and the HOA, the DECLARANT grants the HOAthe perpetual right to install, lay, and maintain such drainage facilities and equipment as needed. The 20' Drainage Easements shall be installed, laid, and maintained below the surface of the ground to the extent possible. The owners of the Lots subject to the 20' Drainage Easements, their transferees, successors, and assigns, shall at all times have the right to cross over and upon the 20' Drainage Easements, and to use the surface over the easements, in such manner as will neither injure nor unreasonably interfere with the construction, operation, or maintenance of the drainage easement, including, but not limited to, the construction of fencing, landscaping, and like improvements. Notwithstandingthe foregoing, no building or other structure shall be erected over or upon the 20' Drainage Easements, unless by mutual consent of the parties or their successors. Wheneverthe enjoyment of its rights hereunder requires the HOA to disturb the surface of the ground or improvements to the property, it shall be the obligation of the HOA to restore the same to its condition prior to being so disturbed at the HOA's expense. The temporary construction easements shall expire upon completion of construction and installation of the drainage facilities and equipment contemplated. e. Permanent Drainage easements as shown on the said Plat together with a temporary construction easement ten feet (10') in width adjacent thereto, designated as "Drainage Easement" on Sheets 7, 8, and 10 ("Drainage Easements"). These easements shall run with the land. Together with the Drainage Easements herein reserved for the benefit of the given Lots and the HOA, the DECLARANT grants the HOA the perpetual right to install, lay, and maintain such drainage facilities and equipment as needed. The Drainage Easements shall be installed, laid, and maintained below the surface of the ground. The owners of the Lots subject to the Drainage Easements, their transferees, successors, and assigns, shall at all times have the right to cross over and upon the Drainage Easements, and to use the surface over the easements, in such manner as will neither injure nor unreasonably interfere with the construction, operation, or maintenance of the drainage easement, including, but not limited to, the construction of fencing, landscaping, and like improvements. Notwithstanding the foregoing, no building or other structure shall be erected over Page 5 of 8 or upon the Drainage Easements, unless by mutual consent of the parties or their successors. Whenever the enjoyment of its rights hereunder requires the HOA to disturb the surface of the ground or improvements to the property, it shall be the obligation of the HOA to restore the same to its condition prior to being so disturbed at the HOA's expense. The temporary construction easements shall expire upon completion of construction and installation of the drainage facilities and equipment contemplated. f. Permanent Conservation Easement as shown on the said Plat designated as "Conservation Easement" on Sheet 5 ("Conservation Easement"). This easement shall run with the land. The Conservation Easement herein reserved forthe benefit of the given Lots and the HOA requires, as set out on the Plat, that no structures other than fences and pet houses are permitted within the easement and no trees larger than 6" diameter at 6" height may be removed within the easement. Notwithstanding the foregoing, no fence or pet house shall be erected over or upon the Conservation Easement, unless by mutual consent of the parties or their successors. Whenever the enjoyment of its rights hereunder requires the HOA to disturb the surface of the ground or conforming improvements to the property, it shall be the obligation of the HOA to restore the same to its condition prior to being so disturbed at the HOA's expense, so long as the improvement disturbed was approved by mutual consent of the parties, pursuant to this paragraph. PROFFERS: RAVEN POINTE, SECTION 6, PHASE 2 IS A NON PROFFERED SUBDIVISION SECTION 2 ACTION PURSUANT TO ARTICLE II OF THAT CERTAIN DEED OF DEDICATION DATED 1ULY 23, 2004 AND RECORDED IN THE AFORESAID CLERK'S OFFICE AS INSTRUMENT NO.040014266 WHEREAS, DECLARANT executed and placed on record a Deed of Dedication dated July 23, 2004, which instrument is recorded in the aforesaid Clerk's Office as Instrument No. 040014266 ("Section 5 Deed of Dedication"); and WHEREAS, the Section 5 Deed of Dedication placed or created certain conditions, covenants, restrictions, and easements with regard to Lots 97-103, 108-164 of the Raven Pointe Subdivision, Section 5; and WHEREAS, Article II thereof provides for additional land to be annexed and/or added to the Raven Pointe Section 5 Subdivision; and WHEREAS, DECLARANT also executed and placed on record a Deed of Dedication and Supplementary Declaration of Conditions, Covenants, Restrictions, and Easements dated April 12, 2006, which instrument is recorded in the aforesaid Clerk's Office as Instrument No. 060007049 ("Section 6 Phase 1 Deed of Dedication"); and WHEREAS, under the same Article II of the Section 5 Deed of Dedication, the Section 6 Phase 1 Deed of Dedication added to the Section 5 subdivision certain conditions, covenants, Page 6 of 8 restrictions and easements with regard to Lots 23-37, 49-59, 70-89, and 104-107 of the Raven Pointe Subdivision, Section 6, Phase 1; and WHEREAS, the DECLARANT desires to annex additional land to the Raven Pointe Subdivision Sections 5 and 6, Phase 1, and extend the scheme of the conditions, covenants, restrictions and easements of the Section 5 Deed of Dedication and the Section 6 Phase 1 Deed of Dedication hereinbefore mentioned, to the subject annexed property. NOW, THEREFORE WITNESSETH: That the DECLARANT does hereby annex and add Raven Pointe Subdivision, Section 6, Phase 2, consisting of those certain Lots 12-17,19-22, 60-69, and 90- 94, inclusive, and all other lands shown in connection therewith, as set forth on that certain plat of subdivision dated January 4, 2017 attached hereto, to Lots 97-103, 108-164, inclusive, of the Raven Pointe Subdivision, Section 5 and Lots 23-37, 49-59, 70-89, and 104-107, inclusive, of the Raven Point Subdivision, Section 6, Phase 1, pursuant to Article II of the Section 5 Deed of Dedication, dated July 23, 2004, and recorded in the Office of the Clerk of the Circuit Court of Frederick County, Virginia as Instrument No. 040014266. AND FURTHER, that the DECLARANT does further incorporate herein, and does hereby impose upon Raven Pointe, Section 6, Phase 2, consisting of those certain Lots 12-17,19-22, 60-69, and 90-94, inclusive, and all other lands shown in connection therewith on the aforesaid attached Final Subdivision Plat, all provisions of the Deed of Dedication for Raven Pointe Subdivision, Section 5, dated July 23, 2004, and recorded in the said Clerk's Office as Instrument No. 040014266, and all provisions of the Deed of Dedication for Raven Pointe Subdivision, Section 6, Phase 1, dated April 12, 2006, and recorded in the said Clerk's Office as Instrument No. 060007049-including complimentary declarations made modifying the initial Section 5 Deed of Declaration -as if the same were set forth in full herein; and, the DECLARANT does further declare that the HOA is charged with the rights, duties, obligations, and responsibilities in connection with the land annexed herein as set forth in the aforesaid Deed of Declaration. The DECLARANT does hereby further declare that no other change or modification is intended to be made to the Section 5 Deed of Declaration, as filed. SECTION 3 GENERAL RESERVATION The DECLARANT hereby reserves unto itself, for a period of five (5) years, the Right to amend this Deed of Dedication and Supplementary Declaration of Conditions, Covenants, Restrictions, and Easements, and the Final Subdivision Plat attached hereto, provided that the single family, residential nature of the subdivision shall not be changed and such amendments are made in conformity with applicable law. Page 7 of 8 WITNESS the following signatures and seals on the date first above written: GLAIZE DEVELOPMENTS, INC. A Virginia Corporation By: (SEAL) John Patrick Carr, President COMMONWEALTH OF VIRGINIA ) ) ss CITY OF WINCHESTER ) The foregoing instrument was acknowledged before me this _ day of , 2017 by John Patrick Carr as President of Glaize Developments, Inc., a Virginia corporation, on behalf of said Corporation. Notary Public, Number: My Commission Expires: Page 8 of 8 Document Approval Form PLEASE REVIEW THE ATTACHED DOCUMENT. IF THIS DOCUMENT MEETS YOUR APPROVAL PLEASE INITIAL AND PROVIDE THE DATE AND TIME OF YOUR APPROVAL. IF THIS DOCUMENT DOES NOT MEET YO UR APPRO VAL, PLEASE PRO VIDE COMMENTS AS TO WHAT YOU WOULD LIKE TO HA VE COMPLETED. Initials Date & Time Candice Mare Dave Tyler Mike John COMMENTS: (S:OMce on BlackboxWormslDocument Approval Form-6/7/2016 ) �Ti3��✓l5 �r2t> Gila-���'J to T / 3 Ski �?i�cit �.J� ✓ IVISION 102-17 RAVEN POINTE SECb NEE PIN 64-A-119 25 lots single -1" family detached