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HomeMy WebLinkAbout16-07 WIN, LLC Final Plat 3 Outparcel Lots 2.78 Acres Stonewall - BackfileSUBDIVISION CHECKLIST 1. Comment sheets from the following agencies, along with any marked copies of the plan: VDOT City of Winchester GIS tj Sanitation Authority Health Department Inspections Department Parks & Recreation !/ Fire Marshall County Engineer 2. LXOne copy of the subdivision application TRACKING SHEET Application received Fee paid (Amount: $ 001 To be filled in if an MDP is associated with this subdivision MDP # Approved by BOS: Admin. Approval: formation entered in d-BASE and Reference Manual le given to Renee' to add to Application Action Summary at(s) signed by Subdivision Administrator Approval letter to applicant/agent Copy of final subdivision plat(s) [with signatures] made and given to Mapping and Graphics Manager for structure numbering assignment Updated d-BASE and Reference Manual p)•,ZA•Qa File given to Renee' to update Application Action Summary Final plat(s) submitted with review agency signatures along with: Recorded Deed of Dedication Bond estimate (if required) $_ 0 � N m o o N Lo a � o o Q �p 0Q�>� i". cd o o wa�3� RECEIVED FROM ADDRESS ❑FOR RENT ❑FOR uj� j l•-LC, DATE A 0% No.7200 Kk k L011 11 a Va. 3 L _ Ck> DOLLARS $ AMT.OF ACCOUNT CASH AMT, PAID CHECK UL I BALANCE MONEY DUE ORDER 5t4--qqF BY 1� SUBDIVISION REQUEST #16-07 �4�GX CO WIN, LLC . Staff Report for the Board of Supervisors w Prepared: July 19, 2007 Staff Contact: Mark R. Cheran, Zoning Administrator This report is prepared by the Frederick County Planning Staff to provide information to the Planning Commission and the Board of Supervisors to assist in the review of this application. It may also be useful to others interested in this zoning matter. Reviewed Action Planning Commission 07/18/07 Recommended Approval Board of Supervisors: 07/25/07 Pending LOCATION: The property fronts the northern boundary of Berryville Pike (Route 7) at its intersection with Interstate 81 at Exit 315. MAGISTERIAL DISTRICT: Stonewall PROPERTY ID NUMBER: 54-A-99E PROPERTY ZONING & PRESENT USE: B2 (General Business) District Land Use: Commercial ADJOINING PROPERTY ZONING & USE: North: B-2 (Business General) South: B-2 (Business General) East: B-2 (Business General) West: RP (Residential Performance) Use: Vacant Use: Commercial/Vacant Use: Commercial Use: Residential SUBDIVISION SPECIFICS: Subdivision of 25.6750 acres into four (4) parcels of 0.9003 acres, 0.9216 acres, and 0.9533 acres respectfully; with a residue parcel of 22 acres. All four (4) parcels are zoned B-2 (Business General). Subdivision Request #16-07, WIN, LLC July 19, 2007 Page 2 Fire and Rescue: Plan approval recommended. Sanitation Authority: We will serve these sites with sewer and water. Planning: This property had been zoned B-2 (Business General) when Frederick County adopted zoning in 1967, and has no approved Master Development Plan (MDP). This request is for subdivision of 25.6750 acres to create four (4) parcels with acreage of: 0.9003 ac, 0.9216 ac, and 0.9533 ac.; with a residue parcel of 22.8997 acres. These parcels are located within the Urban Development Area (UDA) and Sewer Water Service Area (SWSA) as indicated by the 2003 Comprehensive Policy Plan of Frederick County Staff Review: The Subdivision Ordinance requires that land divisions in the B-2 (General Business) Zoning District without an approved Master Development Plan (MDP) be presented to the Board of Supervisors for final approval (Chapter I 44-12-B). This proposed subdivision has met the requirements for a waiver from the MDP requirements, and has been granted a waiver of the MDP requirements. The design elements associated with the MDP have not been waived. Therefore, Planning Commission and Board of Supervisors review and action on this Subdivision request is necessary. Requested Waivers: The applicant has requested a waiver from Section 144-24 C of the Frederick County Code (Subdivision) to allow these parcels to be served by a private commercial access. This Section of The Frederick County Code requires that all new parcels must abut and have direct access to a state maintained public street/road. Access to these parcels will be via a private commercial 50 foot ingress/egress from Berryville Pike (Route 7). This 25 acre parcel abuts Berryville Pike (Route 7) and is served by a single entrance onto Route 7. STAFF RECOMMENDATION FOR 07/18/07 PLANNING COMMISSION MEETING: In order for the proposed commercial lots on the WIN, LLC property to be subdivided utilizing private roads, the Board of Supervisors will need to grant a waiver of Section 144-24C of the Frederick County Subdivision Ordinance. Staff is seeking two actions: • Recommendation from the Planning Commission regarding the waiver of public road frontage. • Recommendation from the Planning Commission regarding administrative approval authority for a four -lot subdivision. PLANNING COMMISSION SUMMARY AND ACTION OF THE 07/18/07 MEETING: A member of the Commission wanted VDOT to review the plats before staff provides approval signatures in the event a drainage or grading easement is needed by VDOT to create additional turning lanes on I-81. He also preferred to see a master development plan submitted for the Subdivision Request #16-07, WIN, LLC July 19, 2007 Page 3 entire development, so the applicant did not have to keep coming before the Commission for waivers for individual sites; in addition, the development was becoming quite large. There were no public comments. The Planning Commission voted unanimously to approve the road frontage waiver with two conditions: • Plats will be reviewed by VDOT prior to staff providing approval signatures. • A master development plan is required for the entire development prior to any future subdivisions. The Planning Commission voted unanimously to recommend that staff be given administrative authority to approve the subdivision. (Note: Commissioners Mohn, Thomas, Manuel, Morris, Light, and Ours were absent from the meeting.) J c,�pj 1412 -1--111116c- '29 f�� Z� ��.ti �� �� L� J U N 2 2 2007 APPLICATION AND CHECKLIST SUBDIVISION FREDERICK COUNTY VIRGINIA Date: �&7 Application # 1 MDP? Yes No If no, las VDP requirement been waived by the Planning Director? Yes No If MDP requirement has not been waived, fill in the following public hearing dates: Planning Conunission: b Board of Supervisors: )017 Applicant/Agent: Greenway Engineering Address: 151 Windy Hill Lane Winchester, VA 22602 Phone: 540-662-4185 Owners Name: WIN, LLC Address: 140 N. Hatcher Avenue Purcellville. VA 20132 Phone: 540-338-0010 Please list names of all owners, principals and/or majority stockholders: WIN, LLC Contact Person: Richard A. Edens, LS Phone: 540-662-4185 NAME OF SUBDIVISION: Final Subdivision Plat of the land of WIN, LLC Number of Lots: 3 Total Acreage 2.7752 Acres Property Location: Property fronts the northern boundary of Berryville Pike (Va. Primary Route 7) at its intersection with the eastern boundary of Interstate Route 81 at Exit 315. (Give State Rt. #, name, distance and direction from intersection) Magisterial District Stonewall Property Identification Number (PIN) 54-A-99E (Parent Tract) Property zoning and present use: B2, commercial Adjoining property zoning and use: B2, commercial & vacant Has a Master Development Plan been submitted for this project? If yes, has the final MDP been approved by the Board of Supervisors? What was the Master Development Plan title? Yes X No Yes No Does the plat contain any changes from the approved MDP? Yes No If yes, specify what changes: Minimum Lot Size (smallest lot) 0.9003 Acre Number and types of housing units in this development: none 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: S"23 07 0 Founded in 1971 GREENWAY ENGINEERING, INC. 151 Windy Hill Lane Winchester, Virginia 22602 June 21, 2007 Frederick County Planning Department Attn: Mark Cheran, Zoning and Subdivision Administrator 107 North Kent Street Winchester, VA 22601 RE: WIN. LLC Final Subdivision Plat Dear Mark: The purpose of this letter is to request the inclusion of the referenced plat on the agendas for consideration by the Planning Commission on July 18, 2007 and by the Board of Supervisors on July 25, 2007. The WIN, LLC Subdivision Plat provides for the creation of three out -parcel lots to accommodate the existing Wachovia Bank, the existing Starbucks/Quizzno's businesses and a new business. The three out -parcel lots are accessed off of Gateway Drive, which is a private commercial street system designed to serve the existing and future businesses. The only access to Berryville Pike (U.S. Route 7) is at the existing signalized intersection at Gateway Drive. Please find attached a copy of the WIN, LLC Final Subdivision Plat with approved review agency comments from FCSA and the Fire Marshal. As you know, the applicant was not required to obtain a VDOT comment for this project as access to the three out - parcel lots is off of a private street system and no new entrances are proposed that would impact the VDOT public street system. Due to this fact, the applicant is requesting a waiver to § 144-24C Lot Access, which requires all lots to abut and have direct access to a public street or right-of-way dedicated for maintenance by VDOT. Please advise me if you have any questions regarding this request or if you need any additional information at this time. Thank you for your assistance with this project. Sincerely, Evan att. AICP Greenway Engineering Cc: Bruce Griffin Engineers Surveyors Telephone 540-662-4185 FAX 540-722-9528 www.greenwayeng.com FINAL SUBDIVISION PLAT OF THE LAND OF W/N, LL C STONEWALL MAGISTERIAL DISTRICT, FREDERICK COUNTY, VIRGINIA MAY 18, 2007 °D Regency Lckes oc C Vo. 1 CC I1 I OF ,\11111 NCHESTER Exit 315 MillRocd 2- iVICINITY MAP d/�4FQ,/2� �o� Rt. �1" 659 = 2000' OWNER'S CERTIFICATE THE ABOVE AND FOREGOING SUBDIVISION OF THE LAND OF WIN, LLC, AS APPEARS ON THE ACCOMPANYING PLATS, IS WITH THE FREE CONSENT AND IN ACCORDANCE WITH THE DESIRES OF THE UNDERSIGNED OWNERS, PROPRIETORS, AND TRUSTEES, IF ANY. COMMONWEALTH OF VIRGINIA CITY / COUNTY OF TO WIT.• THE FOREGOING OWNER'S CERTIFICATE WAS ACKNOWLEDGED BEFORE ME THIS DAY OF 2007 BY NOTARY PUBLIC MY COMMISSION EXPIRES SURVEYORS CERTIFICATE I HEREBY CERTIFY THAT THE LAND CONTAINED IN THIS SUBDIVISION IS ALL OF THE "RESIDUE OF TAX PARCEL 54—A-99E" AS ESTABLISHED BY SUBDIVISION PLAT DATED MAY 31, 2006 AND REVISED AUGUST 17, 2006 OF RECORD IN THE FREDERICK COUNTY CIRCUIT COURT CLERK'S OFFICE AS INSTRUMENT No. 060022905, BEING A PORTION OF THE LAND CONVEYED TO WIN, LLC BY DEED DATED MARCH 31, 2005 OF RECORD IN SAID CLERK'S "0 D-0 OFFICE AS AS INSTRUMENT No. 050006781. RICHARD A. EDENS, L.S. NOTE: PARENT TAX PARCEL IDENTIFICATION T.M. 54—A-99E 25.6750 ACRES ZONE.- B2 USE.- COMMERCIAL APPROVALS: OFP FREDERICK COUNTY SANITATION AUTHORITY DATE �gALTH �� r� G� FREDERICK COUNTY SUBDIVISION ADMINISTRATOR DATE RICHARA. EDENS a Lic. No. 2550 GREENWAY ENGINEERING, INC. 151 Windy Hill Lane S.gin ors Winchester, Virginia 22602 ey Telephone: (540) 662-4185 FAX.- (540) 722-9528 0028 SHEET 1 OF 9 Founded in 1971 www.greenwayeng.com 50"INGRESS/EGRESS FQ cATy l tii EASEMENT 5 pVF Fp/D� INST No. 050006781 p 6SF'�L q�8,y G / G g 81gpJ' ��0 � 06082 St. \Ai0�1o��ERG 50' INGRESS/EGRESS EASEMENT 05E g9F INST No. 050006781 50' INGRESS/EGRESS INST. No. 050006781 5k'P V00O� �Ao\\oE g04��RG�� 1 50' INGRESS/EGRESS 051 JP P (IG d g9E ARC = / \SSE, ES�O\f 5Pk CZ 46_74" EASEMENT INST No. 050006781 10' WATERLINE EASEMENT DB 908 PG 456 10' SANITARY SEWER `EASEMENT E7 DB 448 PG 262 ` — PKS -- 'SIRS Lo 50' INGRESS- I f IRS EGRESS EASEMENTY'l �� c- INST No. 060022905 i it ; 20' WATERLINE/ t, EASEMENT INST No. 060022907 DOT -SHADED AREA DENOTES AN ADDITIONAL VARIABLE WIDTH INGRESS -EGRESS EASEMENT HEREBY ESTABLISHED TO BENEFIT NEW TAX PARCELS 54-A-99J, 99K & 99L TO BE UTILIZED IN COMBINATION WITH THE EXISTING INGRESS -EGRESS EASEMENTS TO BERRYVILLE PIKE. ZP� SEE /0 1.4i ... .•. W. i DHS E13 /OHS o DHS L J P SIGN L6 In'o� ' I. NCO 1^ 20' WATERLINE EASEMENT W W =o INST. No. 060022907 C3 m i � oW�rn EXISTING b Q BUILDING Lo "� zt 2cc N aWmW Q to U NEW TAX PARCEL 1 54-A-99J IRS 0.9216 ACRE L3L2 IRS .. o IRS E8 FUEL SIGN r// ` �spp2 NSF �FNT 2yp� NEW TAX PARCEL `` 54-A-99K f SEE SHEET 3 ` m ti 3 QQ LU 4 -4 CC S WI Ca� 60 0 60 NOTE mumamram SEE SHEET 5 FOR LINE DATA, GRAPHIC SCALE EASEMENT LINE AND CURVE DATA, (IN FEET) LEGEND, NOTES, AND AREA TABULATION. FINAL SUBDIVISION PLAT OF THE LAND OF WIN, LL C STONEWALL MAGISTERIAL DISTRICT, FREDERICK COUNTY, VIRGINIA SCALE: 1" = 60' 1 DATE: MAY 18, 2007 GREENWAY ENGINEERING, INC. 151 Windy Hill Lane Engineers Winchester, Virginia 22602 Surveyors Telephone: (540) 662-4185 . FAX: (540) 722-9528 Founded in 1971 www.greenwayeng.com if �7p,LTH OF Gl r RICNARD A. EDENS a Lic. No. 2550 5 -�$-07 0 �D SURN�� 0028 SHEET 2 OF 9 10' WATERLINE EASEMENT o�� Op7yGp�O OB 908 PG 456 G'OS 10 4SANITARY 28EWER EASEMENTDB I , NEW TAX PARCEL 54-A-99J SEE SHEET 2 \ w� DOT -SHADED AREA DENOTES A VARIABLE WIDTH INGRESS -EGRESS '��EASEVENT HEREBY ESTABLISHED TO BENEFIT NEW TAX PARCELS \\\ 54-A-99J, 99K & 99L. 50' INGRESS- � EGRESS EASEMENT_4 \\ 1IRS \\\ ���`L10 °�L11 POB2 IRS INST. No. \\ ` �.".p �o 060022905 I \ IRS _L 12 20' WATERLINE I ,r �`NiTq�,Y �, i i ; it�� E I. i i ��NST N S � 65 oIRF EASEMENT I INST. No. i °< 06 �? �jF�FNTJ 060022907 L9 _ _ NEW VAA'Y4&E L ` --- W/O;H WATEg DER m TAX PARCEL m V / OHS 54-A-99K ---- -- /NST. �SEMENT _ No_ 060022907 WI L8 0.9533 ACRE /NG F ......:. tl WATERL/NE EGRESS EASEMENT �" I i ::...: \ `_ INST. /NST, i.........�.. :. +': iVo_ 060022 p jNT .' N No. 060022905 i........... j.- DHS �V li......... i. 0928 rn r...:....: oe�r f�....:....�. r. E - 227. ' 40 3 0 4, ��. .......r 4 20' WATERLINE EASEMENT . I INST No. 060022907 POB3 IRS O J i..........� a c 1 _- O �a ��;.":•:::::":�-- 1 NEW TAX PARCEL i;•.:.".....:�: li: �- 54-A-99L IV73'S0'32" E � m � i 0.9003 ACRE n i..........i. cz� .... "" ' Cli " ......... �" DOT —SHADED AREA DENOTES A 50' i.. AND VARIABLE WIDTH INGRESS —EGRESS h IRF 3 o +."."" " r EASEMENT HEREBY ESTABLISHED TO = �o �o BENEFIT NEW TAX PARCELS 54—A-99J, 99K & 99L. 3 _ ; E1 1 DHHs ^ h 16'1044' n w - 24J j2 • o IRS TAY PAR OF I SEESELU5 99E SHE7 4 ' 60 0 60 NOTE SEE SHEET 5 FOR LINE DATA, GRAPHIC SCALE EASEMENT LINE AND CURVE DATA, (IN FEET) LEGEND, NOTES, AND AREA TABULA77ON. FINAL SUBDIVISION PLAT OF THE LAND OF WIN, LL C STONEWALL MAGISTERIAL DISTRICT, FREDERICK COUNTY, WRGINIA SCALE: 1" = 60' 1 DATE: MAY 18, 2007 GREENWAY ENGINEERING, INC. 151 Windy Hill Lane Engineers Winchester, Virginia 22602 Surveyors Telephone: (540) 662-4185 FAX. (540) 722-9528 Founded in 1971 www.greenwayeng.com o� -�NLTH OF � t o RICHARD A. EDENS a Lic. No. 2550 s - 1 G-o-7 lqN� -4 SUR� v 0028 SHEET 3 OF 9 Opp 10' WATERLINE EASEMENT �\``�DB 908 PG 456 o �v T.M. 54-A-991 : WIN ll, LLC INST. No. 060022906 T.M. 54-A-99F O C ZONE: 82 USE: VACANT p o WIN Ill, LLC V ,Q \ �1 � � INST. No. 070001724 -= \ \\ \ \� ZONE- B2 USE: VACANT IRF°_ N 73'50 32 E r -1 656.24'\ `� IRFO' 50' INGRESS- i1 ,���� 10' SANITARY I EGRESS SEWER EASEMENT EASEMENT-1 DB 448 PG 262 INST. No. I� 1 060022905 l i 1 1 L24 VARIABLE WIDTH l i i 1 IRF i i I WATER & SEWER I III III EASEMENTS ------ i 1, INST. No. 60022907 11 1 o Cu�) /\ 3 1 ,r------ L_ IQ J j111 op MON° RESIDUE OF I i m 11RF W I TAX PARCEL I: ,q m , , ° 11 i c,�� p o �� ZIIIm1 54<n— A-99Eo �`0z ,,, o`4T 0c22.8997 ACRES �III L26 oQ) J 100 I- 1 �'z`' i (a ' �I a LJ 1 0 o W , � Do �'o 0 2 i W� `�'� it 1 c� IRF 111 °' �� z I 1 '0:z 1i i1 2 Ali �,ov �U m W� o Q_8Q F� Q �'88"t �� �� I (� W i I� I j iii ° �� `� 1 2�m�� li it m dj MON ` In L AS 1 it OHF161 L28 3 ti m C9 z W I1 .' PKF Z --j---- 1 �L _ _.—� ° o MON ° IRSa�o 9 °�i° Cam\ oL29 VARIABLE WIDTH L i 1 1 �o ° y� C 10 WATER & SEWER 99L I 99K L 15 ° EASEMENTS N INST. No. 60022907 i i NEW TAX PARCELS ' 99J L 14 <<',, SEE SHEETS 2 & 3 °�° 50' 1 1 BRL -� PKF a iac FOR DETAIL DHS L13 p0134 MON L23 �2 _ ��C BOUND LANE yV'ILLE PIKE IDTH R/W APPROXIMATE END OF BERR _ LIMITED ACCESS R/W VA. PRIMARY RO08 341 PG 354 200 0 200 NOTE SEE SHEETS 2 & 3 FOR CORNER MONUMENTS GRAPHIC SCALE ADJOINING NEW TAX PARCELS 54-A-99J, K, & L. (IN FEET) SEE SHEET 5 FOR LINE DATA, CURVE, DATA, LEGEND, NOTES, AND AREA TABULATION. FINAL SUBDIVISION PLAT OF THE LAND OF rRACARD H OFWIN. LLC STONEWALL MAGISTERIAL DISTRICT, FREDERICK COUNTY, VIRGINIAA. EDENSSCALE: 1" = 200' DATE: MAY 18, 2007 002550 GREENWAY ENGINEERING, INC. s-18 151 Windy Hill Lane Engineers LVinchester, Virginia 22602 0 SUR_� Surveyors Telephone: (540) 662-418500 FAX: (540) 722-9528 Founded in 1971 www.greenwayeng.com 0028 SHEET 4 OF 9 r`I /RVF nATA CURVE DELTA ANGLE RADIUS ARC LENGTH TANGENT CHORD BEARING CHORD LENGTH C1 3753'l1" 160.00' 105.80' 54.92' S 81'3123" E 103.88' C2 35'1426" 157.49' 96.86' 50.02' S 41'21'06" E 95.35' C3 35'1426" 157.49' 96.86' 50.02' N 41'21'06" W 95.35' C4 3753'i 1 " 160.00' 105.80' 54.92' N 81'3123" W 103.88' C5 105'36'02" 170.00' 313.32' 223.97' N 55' 11 '53" W 270.82' C6 14'35'03" 800.00' 203.63' 102.37' N 11'22 29" W 203.08' C7 29'51'47" 874.93' 456.02' 233.32' N 01'2335" W 450.88' C8 44'10'50" 201.28' 155.21' 81.69' S 14'5751" E 151.39' C9 423726" 210.00' 156.22' 81.93' S 80'17'02" E 152.65' C10 34'06'08" 210.00' 124.99' 64.41' S 41S5'15" E 123.15' I /NF nATA LINE BEARING DISTANCE L 1 N 18'58 38" W 107.16' L2 N 33'24'05" W 94.07' L3 N 50'08'16" E 1788' L4 N 60'54'40" E 61.65' L5 N 7932'01 " E 35.26' L6 S 49'16'46" E 13.04' L7 S 58'58'19" E 30.14' L8 N 72'04 59" E 81.37' L9 N 73'48'15" E 89.33' L 10 S 3324'05" E 94.07' L 11 S 18'58 38" E 107.16' L 12 S 6l'4321 " W 28.24' L 13 S 61'43 21 " W 52.64' L 14 N 5858'19" W 30.14' L 15 N 49' 16'46" W 13.04' L 16 S 79'32'01 " W 35.26' L 17 S 60'54'40" W 61.65' L18 S 50'08'16" W 17.88' L 19 S 73'48' 15" W 89.33' L20 S 72'04 59" W 81.37' L21 S 73'5032" W 165.00, L22 S 16' 10'44 " E 243.12' L23 S 71'5747" W 315.21' L24 S 39'20 23" E 233.46' L25 S 16'09 28" E 223.12' L26 S 70'33'12" E 144.39' L27 S 01-07 ;74 " W 210.73' L28 S 37'03'l6" E 71.45' L29 S 5858'19" E 32.93' DATA FACFAdFNT I /NF nATA LINE BEARING DISTANCE El N 16'09 28" W 50.00, E2 N 73'50'32" E 164.23' E3 N 72'04 59" E JO.78' E4 S 16'09 28" E 46.44' E5 N 73'50 32" E 62.09' E6 N 57-4734" E 99.63' E7 S 37'03'16" E 32.42' E8 N 18'58 38" W 43.00' E9 N 71'01 22" E 25.00' E10 S 18'58 38" E 38.91 ' Ell S 61'4321 " W 25.33' E12 S 61'4321 " W 26.66' E13 N 28'09 27" W 46.5 1' E14 N 61'50'33" E 23.35' LEGEND BRL = BUILDING RESTRICTION LINE PER ZONING ORDINANCE = CENTERLINE OF PAVEMENT DHF = DRILL HOLE FOUND IN CONCRETE DHS = DRILL HOLE SET IN CONCRETE IRS = IRON REBAR & CAP SET IRF = IRON REBAR FOUND MON = CONCRETE HIGHWAY MONUMENT FOUND PKF = P-K NAIL FOUND IN ASPHALT OR CONCRETE PKS = P-K NAIL SET IN ASPHALT OR CONCRETE POB = POINT OF BEGINNING OF METES & BOUNDS DESCRIPTION R/W = RIGHT OF WAY NOTES AREA TABULATION 1. THE BOUNDARY INFORMATION SHOWN HEREON IS EXISTING T.M. 54-A-99E = 25.6750 ACRES BASED ON A CURRENT FIELD SURVEY BY THIS FIRM. 2. NO TITLE REPORT FURNISHED. EASEMENTS MAY LESS NEW T.M. 54-A-99✓ _-0.9216 ACRE EXIST WHICH ARE NOT SHOWN. LESS NEW T.M. 54-A-99K =-0.9533 ACRE 3. THE PROPERTY SHOWN HEREON LIES ENTIRELY LESS NEW T M. 54-A-99L =-0.9003 ACRE WITHIN ZONE C, AREAS OF MINIMAL FLOODING, PER N.F.I.P. FLOOD INSURANCE RATE MAP No. RESIDUE OF T.M. 54-A-99E = 22.8997 ACRES 51006J 0115 B, DATED JULY 17, 1978. REMAINING FINAL SUBDIVISION PLAT OF THE LAND OF WIN, LL C STONEWALL MAGISTERIAL DISTRICT, FREDERICK COUNTY, VIRGINIA SCALE: N/A I DATE: MAY 18, 2007 GREENWAY ENGINEERING, INC. -$ 151 Windy Hill Lane Engineers Winchester, Virginia 22602 Surveyors Telephone: (540) 662-4185 FAX.- (540) 722-9528 Founded in 1971 www.greenwayeng.com t RICHARD A. EDENS a Lic. No. 002550 SURv�4O 0028 SHEET 5 OF 9 METES AND BOUNDS DESCRIPTIONS The accompanying plat entitled "Final Subdivision Plat of the land of WIN, LLC" and dated May 18, 2007 represents a division survey of all of the "Residue of Tax Parcel 54-A-99E," as established by Dedication of Plat executed December 6, 2006 of record in the Frederick County Circuit Court Clerk's Office as Instrument No. 060022905, being a portion of the land conveyed to WIN, LLC by deed dated March 31, 2005 of record in said Clerk's Office as Instrument No. 050006781. The said land fronts the northern boundary of Berryville Pike (Va. Primary Route 7) at its intersection with the eastern boundary of Interstate Route 81.in Stonewall Magisterial District, Frederick County, Virginia. All directions described herein are given by quadrant bearings expressed in degrees (°), minutes ('), and seconds (") and all distances are expressed in feet ('). The division of said land is more particularly described by metes and bounds as follows: New Tax Parcel 54-A-99J Beginning at a drill hole set in a concrete gutter (labeled POB I on Sheet 2 of the plat) in the northern boundary of Berryville Pike - Va. Primary Route 7 (said drill hole located S 6104321" W - 52.64' from a P-K nail found in a concrete median at the southeast corner of the parent tract, a corner to WIN III, LLC) corner to the Residue of Tax Parcel 54-A-99E described below and being the southeastern corner of New Tax Parcel 54-A-99J; thence with the northern boundary of Berryville Pike S 61043'21" W - 246.5V to a %z" iron rebar & cap set, corner to New Tax Parcel 54-A-99K described below; thence along new division lines through the land of WIN, LLC and with said New Tax Parcel 54-A-99K for the following two courses: N 18058'38" W - 107.16' to a %z" iron rebar & cap set; thence N 33024'05" W - 94.07' to a ''/z" iron rebar & cap set; thence departing said New Tax Parcel 54-A-99K and continuing along new division lines through the land of WIN, LLC for the following seven courses: N 50008'16" E - 17.88' to a'/2" iron rebar & cap set; thence N 60054'40" E - 61.65' to a ``/z" iron rebar & cap set; thence N 79032'01" E - 35.26' to a P-K nail set in asphalt at the point of curvature of a curve to the right; thence 105.80' along the arc of said curve, having a radius of 160.00' and a chord bearing S 81°31'23" E for a distance of 103.881, to a drill hole set in a concrete gutter at the end of said curve; thence S 49016'46" E - 13.04' to a drill hole set in a concrete gutter; thence S 58058'19" E - 30.14' to a drill hole set in a concrete gutter at the point of curvature of a curve to the right; thence 96.86' along the arc of said curve, having a radius of 157.49' and a chord bearing S 41'21V06" E for a distance of 95.35', to the beginning. Containing.................................................................................................... 0.9216 Acre. New Tax Parcel 54-A-99K Beginning at a %z" iron rebar & cap set (labeled POB2 on Sheet 3 of the plat) in the northern boundary of Berryville Pike (Va. Primary Route 7), corner to New Tax Parcel 54-A-99J described above and being the southeastern corner of New Tax Parcel 54-A-99K; thence with said road boundary for the following two courses: (Continued on sheet 7) File 0028 Sheet 6 of 9 S 61043'21" W - 28.24' to a ''/2" iron rebar found; thence S 65005'00" W - 178.28' to a'/z" iron rebar & cap set, corner to New Tax Parcel 54-A-99L described below; thence along a new division line through the land of WIN, LLC and with said New Tax Parcel 54-A-99L N 16009'28" W - 227.40' to a drill hole set in a concrete sidewalk; thence departing said New Tax Parcel 54-A-99L and continuing along new division lines for the following two courses: N 72004'59" E - 81.37' to a drill hole set in a concrete sidewalk; thence N 73048'15" E - 89.33' to a''/2" iron rebar & cap set, corner to New Tax Parcel 54-A-99J; thence continuing along new division lines through the land of WIN, LLC and with said New Tax Parcel 54-A-99J for the following two courses: S 33024'05" E - 94.07' to a ''/z" iron rebar & cap set; thence S 18058'38" E - 107.16' to the beginning. Containing.................................................................................................... 0.9533 Acre. New Tax Parcel 54-A-99K Beginning at a %2" iron rebar & cap set (labeled POB3 on Sheet 3 of the plat) in the northern boundary of Berryville Pike (Va. Primary Route 7), corner to New Tax Parcel 54-A-99K described above and being the southeastern corner of New Tax Parcel 54-A-99L; thence with said road boundary for the following two courses: S 65005'00" W - 86.00' to a''/2" iron rebar found; thence S 71057'47" W - 79.96' to a ''/2" iron rebar & cap set, corner to the Residue of Tax Parcel 54-A-99E described below; thence along new division lines through the land of WIN, LLC for the following two courses: N 16010'44" W - 243.12' to a drill hole set in a concrete sidewalk; thence N 73"50'32" E - 165.00' to a drill hole set in a concrete sidewalk, corner to New Tax Parcel 54-A-99K described above; thence continuing along a new division line through the land of WIN, LLC and with said New Tax Parcel 54-A-99K S 16009'28" E - 227.40' to the beginning. Containing.................................................................................................... 0.9003 Acre. Residue of Tax Parcel 54-A-99E Beginning at a P-K nail found in a concrete median (labeled POB4 on Sheet 4 of the plat) in the northern boundary of Berryville Pike (Va. Primary Route 7), corner to WIN I11, LLC; thence with said road boundary S 61043'21" W - 52.64' to a drill hole set in a concrete gutter, corner to New Tax Parcel 54-A-99J described above and at the beginning of a curve; thence along new division lines and with said New Tax Parcel 54-A-99J for the following seven courses: 96.86' along the arc of a curve to the left (said curve being non -tangent to the preceding course), having a radius of 157.49' and a chord bearing N 41121'06" W for a distance of 95.35', to a drill hole set in a concrete gutter at the point of tangency; thence (Continued on sheet 8) File 0028 Sheet 7 of 9 N 58058'19" W - 30.14' to a drill hole set in a concrete gutter; thence N 49016'46" W - 13.04' to a drill hole set in a concrete gutter at the beginning of a curve to the left; thence 105.80' along the arc of said curve (said curve being non -tangent to the preceding course), having a radius of 160.00' and a chord bearing N 81131123" W for a distance of 103.881, to a P-K nail set in asphalt at the point of tangency; thence S 79032'01" W - 35.26' to a ``/2" iron rebar & cap set; thence S 60054'40" W - 61.65' to a ``/2" iron rebar & cap set; thence S 50008'16" W - 17.88' to a ``/2" iron rebar & cap set, corner to New Tax Parcel 54-A-99K described above; thence continuing along new division lines through the land of WIN, LLC and with said New Tax Parcel 54-A-99K for the following two courses: S 73048'15" W - 89.33' to a drill hole set in a concrete sidewalk; thence S 72004'59" W - 81.37' to a drill hole set in a concrete sidewalk, corner to New Tax Parcel 54-A-99L; thence continuing along new division lines through the land of WIN, LLC and with said New Tax Parcel 54-A-99L for the following two courses: S 73050'32" W - 165.00' to a drill hole set in a concrete sidewalk; thence S 16010'44" E - 243.12' to a `/2" iron rebar & cap set in the northern boundary of Berryville Pike (Va. Primary Route 7); thence with said road boundary S 71°57'47" W, passing over a point at the beginning of the limited access right of way at approximately 21' and continuing with said limited access right of way boundary 315.2V in all, to a concrete highway monument found at the beginning of a curve to the right and in the eastern boundary of Interstate Route 81; thence with the eastern boundary of Interstate Route 81 and said limited access right of way boundary for the following four courses: 313.32' along the arc of said curve to the right (being nontangent to the preceding course), having a radius of 170.00' and a chord bearing N 55°11'53" W for a distance of 270.82', to a concrete highway monument found at the end of said curve and the beginning of a curve to the left; thence 203.63' along the arc of said curve to the left (being nontangent to the preceding course), having a radius of 800.00' and a chord bearing N 11122'29" W for a distance of 203.08', to a concrete highway monument found at the end of said curve; thence N 16°33'18" W - 408.39' to a concrete highway monument found at the beginning of a curve to the right; thence 456.02' along the arc of said curve to the right (being nontangent to the preceding course), having a radius of 874.93' and a chord bearing N 01°23'35" W for a distance of 450.88', to a /2" iron rebar found, corner to WIN II, LLC; thence with WIN II, LLC N 73050'32" E - 656.24' to a `/2" iron rebar found in a line of WIN III, LLC; thence with WIN III, LLC for the following nine courses: S 39020'23" E - 233.46' to a ``/2" iron rebar found; thence S 16009'28" E - 223.12' to a `/2" iron rebar found; thence S 70033'12" E - 144.39' to a `/2" iron rebar found; thence (Continued on sheet 9) File 0028 Sheet 8 of 9 S 07007'34" W - 210.73' to a `/2" iron rebar found at the point of curvature of a curve to the left; thence 155.21' along the arc of said curve to the left, having a radius of 201.28' and a chord bearing S 14°57'51" E for a distance of 151.39', to a drill hole found in a concrete gutter at the point of tangency; thence S 37003'16" E - 71.45' to a P-K nail found in an asphalt roadway at the beginning of a curve to the right; thence 156.22' along the arc of said curve to the right (being nontangent to the preceding course), having a radius of 210.00' and a chord bearing S 80117'02" E for a distance of 152.65', to a P-K nail found in an asphalt roadway at the point of tangency; thence S 58058'19" E - 32.93' to a drill hole found in a concrete median at the point of curvature of a curve to the right; thence 124.99'along the arc of said curve to the right, having a radius of 210.00' and a chord bearing S 41155115" E for a distance of 123.15', to the beginning. Containing......................................................................................... 22.8997 Acres. Surveyed......................................................................................... May 18, 2007. TH of RICHARD A. EDENS a Lic. No. 002550 S -1'B -o7 File 0028 Sheet 9 of 9 9 FINAL SUBDIVISION PLA T OF THE LAND OF WIN LL C STONEWALL MAGISTERIAL DISTRICT, FREDERICK COUNTY, VIRGINIA MAY 18, 2007 d a 00 Regency Lakes d von D _7E o Ir a �� / 0) F\\e P ( ge``� �o o ANCHESTER e �U�\/ allRoad Exit 315 Rt. i� VICINITY VICINITY MAP 65g . 1 2000 - OWNER'S CERTIFICATE THE ABOVE AND FOREGOING SUBDIVISION OF THE LAND OF WIN, LLC, AS APPEARS ON THE ACCOMPANYING PLATS, IS WITH THE FREE CONSENT AND /N ACCORDANCE WITH THE DESIRES OF THE UNDERSIGNED OWNERS, PROPRIETORS, AND TRUSTEES, IF ANY. COMMONWEALTH OF VIRG/N/A CITY / COUNTY OF TO W/T. THE FOREGOING OWNER'S CERTIFICATE WAS ACKNOWLEDGED BEFORE ME THIS DAY OF 2007 BY NOTARY PUBLIC MY COMMISSION EXPIRES , SURVEYOR'S CERTIFICATE I HEREBY CERTIFY THAT THE LAND CONTAINED IN THIS SUBDIVISION /S ALL OF THE "RESIDUE OF TAX PARCEL 54—A-99E" AS ESTABLISHED BY SUBDIVISION PLAT DATED MAY 31, 2006 AND REVISED AUGUST 17, 2006 OF RECORD /N THE FREDERICK COUNTY CIRCUIT COURT CLERK'S OFFICE AS INSTRUMENT No. 060022905, BEING A PORT/ON OF THE LAND CONVEYED TO WIN, LLC BY DEED DATED MARCH 31, 2005 OF RECORD IN SAID CLERK'S --0 Q,.rQ AZ ,9,Q,_,_. OFFICE AS INSTRUMENT No. 050006781. R/CHARD A. EDENS, L. S. NOTE: PARENT TAX PARCEL IDENTIFICATION T.M. 54—A-99E 25. 6750 ACRES ZONE.' B2 USE.' COMMERCIAL APPROVALS: �N1,TH FREDERICK COUNTY SANITATION AUTHORITY DATE Gz FREDERICK COUNTY SUBDIVISION ADMINISTRATOR DATE v RICHARD A. EDENS Lic. No. 2550 GREENWAY ENGINEERING, INC. s-►$-�� �, 151 Windy Hill Lane Engineers Winchester, Virginia 22602 Surveyors Telephone: (540) 662-4185 FAX.- (540) 722-9528 0028 SHEET 1 OF 9 Founded in 1971 www.greenwayeng.com AFC c0 TAN 50, INST. T. INGRESS/EGRESS EASEMENT No. 050006781 �� ��5� • T0 C°��` 50' INGRESS/EGRESS EASEMENT 05:- Pig G �2� INST. No. 0500616781 INGRESS/EGRESSEASEMENT 5 100 pp� No. 050006781 °82 �ERG�P \t � PGP� E °F P'ggE 50 INGRESS/EGRESS EASEMENT INST No. 05000678 ) 10' WATERLINE EASEMENT DB 908 PG 456 50, INS ggG S�.P ��o1588g �0a p,p6pg2 \P� tA°` E' ERG 02 ARC = 46.74' PPRG 5�E ......T.N SSE �ri IW.. .�.•.�•.W DHS 4-: E13 PYLON L7 SIGN LL6 I'� w k W� 2�Qp NO oZ2 ti ZLa-��� oL�oLO J LO W PZQC oQzm� DHS POB1 J 10' SANITARY SEWER V //� 20' WATERLINE EASEMENT w � N EASEMENT E7 PQ INST. No. 060022907 0 w ` DB 448 PG 262 'PKS.. m W I 3 `� `• k ter: i zr- EXISTING o Q d BUILDING `0 o `n N O W m W q s IRS co NEW TAX PARCEL Z o Q CZ0 ` i IRS 0.9216 ACRE L3 Edo L2 IRS I . ... IRS 50' INGRESS- i I:,. IRS L 1 E8 o EGRESS EASEMENT q 20' INST. No. L"f:: �i� �,' /rI,S�T�9,Qy,.� SIGN r 060022905 �. ,� l\No `SFIyF1 i i ,�� 60022 j<i,L��CNTJ WATERLINE � � f• EMI SEMENT ��1 �, NEW TAX PARCEL INST. No. ► �� , 54-A-99K 060022907 ��� �,' SEE SHEET 3 f DOT -SHADED AREA DENOTES ADDITIONAL VAR/ABLE Wl INGRESS -EGRESS EASEMENT HERV-o, ESTABLISHED TO BENEFIT NEW TAX PARCELS 54-A-99d, 99K & 99L TO BE UTILIZED /N COMBINATION WITH THE EX/STING INGRESS -EGRESS EASEMENTS TO BERRYVILLE PIKE. 60 0 60 NOTE SEE SHEET 5 FOR LINE DATA, GRAPHIC SCALE EASEMENT LINE AND CURVE DATA, (IN FEET) LEGEND, NOTES, AND AREA TABULATION. FINAL SUBDIVISION PLAT OF THE LAND OF WIN. LL C STONEWALL MAGISTERIAL DISTRICT, FREDERICK COUNTY, VIRGIN/A SCALE: /tN k407 Founded in 1971 1" = 60' 1 DATE: MAY 18, 2007 GREENWAY ENGINEERING, INC. 151 Windy Hill Lane Engineers Winchester, Virginia 22602 Surveyors Telephone: (540) 662-4185 FAX. (540) 722-9528 www.greenwayeng.com .t RIM ARD A. EDENS y Lic. No. 2550 S Ry�'��4, U _ 0028 SHEET 2 OF 9 10' WATERLINE EASEMENT ,4o�.44 JDB 908 PG 456 cps ZpN , DB, 448/TARY PG 2SEWER EASEMENT pBSFB� I NEW TAX PARCEL 54-A-99J SEE SHEET 2 w DOT -SHADED AREA DENOTES A V" 11' VARIABLE WIDTH INGRESS -EGRESS X,� ' f —EASEMENT HEREBY ESTABLISHED , TO BENEFIT NEW TAX PARCELS ' <� 54-A-99J, 99K & 99L. 50' INGRESS- �� �� IRS EGRESS EASEMENT-- �� L 10 0-------- L 11 IRS 2 INST. No. �� �� �'�"--o 060022905 I 1 �RS �> �' L 12 20 WATERLINE65 i W ,,ST ° S F� EASEMENT I i I' ��' �; N\ p �5,, i ZRF INST. No. 060022907 ' = NEW --J '-- =_ _'�� m TAX PARCEL VAR/ABLE W/DT/ & SEWER K'.4TER �' I *HS 54-A -99K ---- -� EASEMENT J /NST, --_- --- - N° 06002290,____�, I L8 , 0. 95JJ ACRE 50, EGRESS EASRESS- ERL/NE EASEMENT MENT �" �i ......... { . �-_ /NST. o. 060022907 �'� N /NST. No. i ......... i . DHS 0600 �' -- o Q Lr ....... 22,7 o 3 � I��.•........i. . 20' WATERLINE EASEMENT T' IRS � . • . . . . . OWhW �..........I. Ir..'.......c INST. No. 060022907 POB3 p �� I,... ... ...... :.:.:.:.:.:.:.:.:.:--�_� _ - i NEW TAX PARCEL O O ,........ I�..........�. �., 54-A -99L t6 ......... N 73'50'32" E m I, ......... F . 165.00 0.9003 ACRE �..........1.. 4i I t ..... Li ......... A. . DOT -SHADED AREA DENOTES A 50' AND VARIABLE WIDTH INGRESS -EGRESS �o o IRF o �. r . . . . . i EASEMENT HEREBY ESTABLISHED TO . BENEFIT NEW TAX PARCELS 54-A-99J, 99K & 99L. co El i DHS -- o C/i i N 16.10' , 44 ►� - W — 243. 12. o � � �- Tq,Y RES/DUE OF PAI?CEj IRS SEE SyEE7 4 —99E- 60 0 60 NOTE SEE SHEET 5 FOR LINE DATA, GRAPHIC SCALE EASEMENT LINE AND CURVE DATA, (IN FEET) LEGEND, NOTES, AND AREA TABULATION. FINAL SUBDIVISION PLAT OF THE LAND OF WIN, LL C STONEWALL MAGISTERIAL DISTRICT, FREDERICK COUNTY, VIRGINIA SCALE: Founded in 1971 1" = 60' 1 DATE: MAY 18, 2007 GREENWAY ENGINEERING, INC. 151 Windy Hill Lane Engineers Winchester, Virginia 22602 Surveyors Telephone: (540) 662-4185 FAX- (540) 722-9528 www.greenwayeng.com .t rrjp'�LTH of y r 'N o RICHARD A. EDENS y Lic. No. 2550 l��D suRv`���� 0028 SHEET 3 OF 9 ,Q \ 10' WATERLINE EASEMENT DB 908 PG 456 T.M. 54—A-99/ O WIN ll, LLC INST. No. 060022906 T.M. 54—A-99F O Q ZONE. B2 USE. VACANT WIN Ill, L L C INST. No. 070001724 Q ZONE: B2 USE.- VACANT IRFa N 73'S0'32 "_ E r -i 656.24'\ lRF ` --1 f-------------- \ O x I50'INGRESS— 10' SANITARY EGRESS SEWER EASEMENT EASEMENT ---I i i I �-I \ \ DB 448 PG 262 INST.No.060022905 I i L24 � I I ffl VAR/ABLE WIDTH I I I /RF O i I I WATER & SEWER I EASEMENTS ------ I IN, No. 60022907 I I I I � co MON ? RESIDUE OF Oj �QW;y�;°—lR—F �TAX PARCEL —99E 54—A °� c°22.8997 ACRES 0 L26 0�^ , mini mi ZLo �om? �j i a Q')m li �11'' . DoW W� Q I I ff ll U Q0 � �Wm�cWNzWn i0;� mo°Q'3�=' JcZJRFop 88f pZ �Wm C Zo MON L28DHFI', 00� W cn -'o/C9 PKF � MON o IRS VAR/ABLE WIDTH L i i L21 L20 � 19CK) C� . o` a WATER & SEWER i i 99L 99K \ ^ o y'" C 10 EASEMENTS If N ; J J J L 15 IN No. 60022907 i NEW TAX PARCELS 99J L 14 Cw �� 50' i i BRL SEE SHEETS 2 & 3 —ono PKF S L J FOR DETAIL - DH$ 0 13 POB4 IRS MON L23 APPROXIMATE END OF LIMITED ACCESS R/W 200 0 200 GRAPHIC SCALE ON FEET) �21 '.t —_ — - BOUND LANE _ — PIKE BERRYVILLE IABLE WIDTH R%W VA, PRIMARYDB 341 PG 354 NOT SEE SHEETS 2 & 3 FOR CORNER MONUMENTS ADJOINING NEW TAX PARCELS 54—A-99J, K, & L. SEE SHEET 5 FOR LINE DATA, CURVE, DATA, LEGEND, NOTES, AND AREA TABULATION. FINAL SUBDIVISION PLAT OF THE LAND OF WIN, LL C STONEWALL MAGISTERIAL DISTRICT, FREDERICK COUNTY, VIRGINIA Founded in 1971 1" = 200' 1 DATE: MAY 18, 2007 GREENWAY ENGINEERING, INC. 151 Windy Hill Lane Engineers Winchester, Virginia 22602 Surveyors Telephone: (540) 662-4185 FAX.- (540) 722-9528 www.greenwayeng.com 41.:NLTH OF D r� o U RICHARD A. EDENS Lic. No. 002550 SU RN� 0028 SHEET 4 OF 9 CURVE DATA CURVE DELTA ANGLE RADIUS ARC LENGTH TANGENT CHORD BEARING CHORD LENGTH C 1 37'53' 11 " 160.00' 105.80, 54.92' S 81 '31 '23" E 103.88' C2 35'1426" 157.49' 96.86' 50.02' S 41'21'06" E 95.35' C3 35' 1426" 15Z 49' 96.86' 50.02' N 4121 '06" W 95.35' C4 37*53'l 1 " 160.00' 105.80' 54.92' N 81'3123" W 103.88' C5 105'36'02" 170.00' 313.32' 223.97' N 55'11'53" W 270.82' C6 14'35'03" 800.00' 203.63' 102.37' N 1122 29" W 203.08' C7 29'51'47" 874.93' 456.02' 233.32' N 01'2335" W 450.88' C8 44' 10'50" 201.28' 155.2 1' 81.69' S 14'57'51 " E 151.39' C9 423726" 210.00' 156.22' 81.93' S 80'17'02" E 152.65' CIO 34'06'08" 210.00' 124.99' 64.4 1' S 41 '55' 15 " E 123.15' FA.gFMFNT ClIRVF DATA CURVE DELTA ANGLE RADIUS ARC LENGTH TANGENT CHORD BEARING CHORD LENGTH EC 1 1 16'02'58" 376.75' 105.53' I 53.11 ' 1 N 65'49'03" E 105.19' llNF DATA LINE BEARING DISTANCE L 1 N 18'58'38" W 107.16' L2 N 3324'05" W 94.07' L3 N 50'08'16" E 17.88' L4 N 60'54'40" E 61.65' L5 N 79'32'01 " E 35.26' L6 S 49'16'46" E 13.04' L7 S 58*58'19" E 30.14' L8 N 72'04 59" E 81.37' L9 N 73'48'15" E 89.33' L 10 S 33'24'05" E 94.07' L 11 S 18'58'38" E 107.16' L 12 S 61 '43 21 " W 28.24 ' L 13 S 61'43'21 " W 52.64' L 14 N 5858' 19 " W 30.14' L 15 N 49' 16'46" W 13.04' L 16 S 7932'01 " W 35.26' L 17 S 60'54'40" W 61.65' L 18 S 50'08' 16 " W 17.88' L 19 S 73'48' 15 " W 89.33' L20 S 72'04 59 " W 81.37' L21 S 73'50'32 " W 165.00' L22 S 16' 10'44 " E 243.12' L23 S 71 '5747" W 315.21 ' L24 S 39'20'23" E 233.46' L25 S 16'09'28" E 223.12' L26 S 70'33'12" E 144.39' L27 S 07'07'34 " W 210.73' L28 S 37'03'16" E 71.45' L29 S 58'58'19" E 32.93' NOTES 1. THE BOUNDARY INFORMATION SHOWN HEREON /S BASED ON A CURRENT FIELD SURVEY BY THIS FIRM. 2. NO TITLE REPORT FURNISHED. EASEMENTS MAY EXIST WHICH ARE NOT SHOWN. 3. THE PROPERTY SHOWN HEREON LIES ENTIRELY WITHIN ZONE C, AREAS OF MINIMAL FLOODING, PER N. F.I.P. FLOOD INSURANCE RATE MAP No. 51006J 0115 B, DATED JULY 17, 1978. EASEMENT LINF DATA LINE BEARING DISTANCE E1 N 16'0928" W 50.00, E2 N 73'50 32" E 164.23' E3 N 72'04 59" E 30.78' E4 S 16'09'28" E 46.44' E5 N 73'50 32" E 62.09' E6 N 57'4734" E 99.63' E7 S 37'03'16" E 32.42' E8 N 18'5838" W 43.00' E9 N 71'01'22" E 25.00' E10 S 185838" E 38.91 ' Ell S 61'43'21 " W 25.33' E 12 S 61 '4321 " W 26.66' E13 N 28'09 27" W 46.51 ' E14 N 61'50'33" E 23.35' LEGEND BRL = BUILDING RESTRICTION LINE PER ZONING ORDINANCE = CENTERLINE OF PAVEMENT DHF = DRILL HOLE FOUND IN CONCRETE DHS = DRILL HOLE SET IN CONCRETE IRS =" IRON REBAR & CAP SET IRF = IRON REBAR FOUND MON = CONCRETE HIGHWAY MONUMENT FOUND PKF = P-K NAIL FOUND /N ASPHALT OR CONCRETE PKS = P-K NAIL SET IN ASPHALT OR CONCRETE POB = POINT OF BEGINNING OF METES & BOUNDS DESCRIPTION R/W = RIGHT OF WAY AREA TABULAT/ON EXISTING T.M. 54-A-99E = 25.6750 ACRES LESS NEW T.M. 54-A-99J =-0.9216 ACRE LESS NEW T.M. 54-A-99K =-0.9533 ACRE LESS NEW T.M. 54-A-99L =-0.9003 ACRE RESIDUE OF T.M. 54-A-99E = 22.8997 ACRES REMAINING FINAL SUBDIVISION PLAT OF THE LAND OF WIN, LL C STONEWALL MAGISTERIAL DISTRICT, FREDERICK COUNTY, VIRGINIA SCALE: N/A I DATE: MAY 18, 2007 IoJ7%4� GREENWAY ENGINEERING, INC. 151 Windy Hill Lane `*4� Engineers Winchester, Virginia 22602 Surveyors Telephone: (540) 662-4185 FAX: (540) 722-9528 Founded iti 1971 www.greenwayeng.com INLTH OFF r� 0 RICHARD A. EDENS y LiC. No. 002550 suRv��o� 0028 SHEET 5 OF 9 METES AND BOUNDS DESCRIPTIONS The accompanying plat entitled "Final Subdivision Plat of the land of WIN, LLC" and dated May 18, 2007 represents a division survey of all of the "Residue of Tax Parcel 54-A-99E," as established by Dedication of Plat executed December 6, 2006 of record in the Frederick County Circuit Court Clerk's Office as Instrument No. 060022905, being a portion of the land conveyed to WIN, LLC by deed dated March 31, 2005 of record in said Clerk's Office as Instrument No. 050006781. The said land fronts the northern boundary of Berryville Pike (Va. Primary Route 7) at its intersection with the eastern boundary of Interstate Route 81 in Stonewall Magisterial District, Frederick County, Virginia. All directions described herein are given by quadrant bearings expressed in degrees (°), minutes and seconds (") and all distances are expressed in feet ('). The division of said land is more particularly described by metes and bounds as follows: New Tax Parcel 54-A-99J Beginning at a drill hole set in a concrete gutter (labeled POBI on Sheet 2 of the plat) in the northern boundary of Berryville Pike - Va. Primary Route 7 (said drill hole located S 61043'21" W - 52.64' from a P-K nail found in a concrete median at the southeast corner of the parent tract, a corner to WIN III, LLC) corner to the Residue of Tax Parcel 54-A-99E described below and being the southeastern corner of New Tax Parcel 54-A-99J; thence with the northern boundary of Berryville Pike S 61043'21" W - 246.51' to a'/2" iron rebar & cap set, corner to New Tax Parcel 54-A-99K described below; thence along new division lines through the land of WIN, LLC and with said New Tax Parcel 54-A-99K for the following two courses: N 18058'38" W - 107.16' to a '/2" iron rebar & cap set; thence N 33024'05" W - 94.07' to a 1/2" iron rebar & cap set; thence departing said New Tax Parcel 54-A-99K and continuing along new division lines through the land of WIN, LLC for the following seven courses: N 50008'16" E - 17.88' to a 1/2" iron rebar & cap set; thence N 60054'40" E - 61.65' to a 11/2" iron rebar & cap set; thence N 79032'01" E - 35.26' to a P-K nail set in asphalt at the point of curvature of a curve to the right; thence 105.80' along the arc of said curve, having a radius of 160.00' and a chord bearing S 81°31'23" E for a distance of 103.88', to a drill hole set in a concrete gutter at the end of said curve; thence S 49016'46" E - 13.04' to a drill hole set in a concrete gutter; thence S 58058'19" E - 30.14' to a drill hole set in a concrete gutter at the point of curvature of a curve to the right; thence 96.86' along the arc of said curve, having a radius of 157.49' and a chord bearing S 41°21'06" E for a distance of 95.35', to the beginning. Containing.................................................................................................... 0.9216 Acre. New Tax Parcel 54-A-99K Beginning at a 1/2" iron rebar & cap set (labeled POB2 on Sheet 3 of the plat) in the northern boundary of Berryville Pike (Va. Primary Route 7), corner to New Tax Parcel 54-A-99J described above and being the southeastern corner of New Tax Parcel 54-A-99K; thence with said road boundary for the following two courses: (Continued on sheet 7) File 0028 Sheet 6 of 9 S 61043'21" W - 28.24' to a'/2" iron rebar found; thence S 65005'00" W - 178.28' to a ``/2" iron rebar & cap set, corner to New Tax Parcel 54-A-99L described below; thence along a new division line through the land of WIN, LLC and with said New Tax Parcel 54-A-99L N 16009'28" W - 227.40' to a drill hole set in a concrete sidewalk; thence departing said New Tax Parcel 54-A-99L and continuing along new division lines for the following two courses: N 72004'59" E - 81.37' to a drill hole set in a concrete sidewalk; thence N 73048'15" E - 89.33' to a 1/z" iron rebar & cap set, corner to New Tax Parcel 54-A-99J; thence continuing along new division lines through the land of WIN, LLC and with said New Tax Parcel 54-A-99J for the following two courses: S 33024'05" E - 94.07' to a 1/2" iron rebar & cap set; thence S 18058'38" E - 107.16' to the beginning. Containing.................................................................................................... 0.9533 Acre. New Tax Parcel 54-A-99K Beginning at a 1/2" iron rebar & cap set (labeled POB3 on Sheet 3 of the plat) in the northern boundary of Berryville Pike (Va. Primary Route 7), corner to New Tax Parcel 54-A-99K described above and being the southeastern corner of New Tax Parcel 54-A-99L; thence with said road boundary for the following two courses: S 65005'00" W - 86.00' to a 1/2" iron rebar found; thence S 71057'47" W - 79.96' to a 1/2" iron rebar & cap set, corner to the Residue of Tax Parcel 54-A-99E described below; thence along new division lines through the land of WIN, LLC for the following two courses: N 16010'44" W - 243.12' to a drill hole set in a concrete sidewalk; thence N 73050'32" E - 165.00' to a drill hole set in a concrete sidewalk, corner to New Tax Parcel 54-A-99K described above; thence continuing along a new division line through the land of WIN, LLC and with said New Tax Parcel 54-A-99K S 16009'28" E - 227.40' to the beginning. Containing.................................................................................................... 0.9003 Acre. Residue of Tax Parcel 54-A-99E Beginning at a P-K nail found in a concrete median (labeled P0134 on Sheet 4 of the plat) in the northern boundary of Berryville Pike (Va. Primary Route 7), corner to WIN III, LLC; thence with said road boundary S 61043'21" W - 52.64' to a drill hole set in a concrete gutter, corner to New Tax Parcel 54-A-99J described above and at the beginning of a curve; thence along new division lines and with said New Tax Parcel 54-A-99J for the following seven courses: 96.86' along the are of a curve to the left (said curve being non -tangent to the preceding course), having a radius of 157.49' and a chord bearing N 41°21'06" W for a distance of 95.35', to a drill hole set in a concrete gutter at the point of tangency; thence (Continued on sheet 8) File 0028 Sheet 7 of 9 N 58058'19" W - 30.14' to a drill hole set in a concrete gutter; thence N 49°16146" W - 13.04' to a drill hole set in a concrete gutter at the beginning of a curve to the left; thence 105.80' along the arc of said curve (said curve being non -tangent to the preceding course), having a radius of 160.00' and a chord bearing N 81131'23" W for a distance of 103.88', to a P-K nail set in asphalt at the point of tangency; thence S 79032'01" W - 35.26' to a'/2" iron rebar & cap set; thence S 60054'40" W - 61.65' to a 1/2" iron rebar & cap set; thence S 50008'16" W - 17.88' to a 1/2" iron rebar & cap set, corner to New Tax Parcel 54-A-99K described above; thence continuing along new division lines through the land of WIN, LLC and with said New Tax Parcel 54-A-99K for the following two courses: S 73048'15" W - 89.33' to a drill hole set in a concrete sidewalk; thence S 72004'59" W - 81.37' to a drill hole set in a concrete sidewalk, corner to New Tax Parcel 54-A-99L; thence continuing along new division lines through the land of WIN, LLC and with said New Tax Parcel 54-A-99L for the following two courses: S 73050'32" W - 165.00' to a drill hole set in a concrete sidewalk; thence S 16010'44" E - 243.12' to a 1/2" iron rebar & cap set in the northern boundary of Berryville Pike (Va. Primary Route 7); thence with said road boundary S 71057'47" W, passing over a point at the beginning of the limited access right of way at approximately 2 F and continuing with said limited access right of way boundary 315.2V in all, to a concrete highway monument found at the beginning of a curve to the right and in the eastern boundary of Interstate Route 81; thence with the eastern boundary of Interstate Route 81 and said limited access right of way boundary for the following four courses: 313.32' along the arc of said curve to the right (being nontangent to the preceding course), having a radius of 170.00' and a chord bearing N 55111'53" W for a distance of 270.82', to a concrete highway monument found at the end of said curve and the beginning of a curve to the left; thence 203.63' along the are of said curve to the left (being nontangent to the preceding course), having a radius of 800.00' and a chord bearing N 11°22'29" W for a distance of 203.08', to a concrete highway monument found at the end of said curve; thence N 16033'18" W - 408.39' to a concrete highway monument found at the beginning of a curve to the right; thence 456.02' along the are of said curve to the right (being nontangent to the preceding course), having a radius of 874.93' and a chord bearing N 01°23'35" W for a distance of 450.88', to a 1/2" iron rebar found, corner to WIN II, LLC; thence with WIN II, LLC N 73050'32" E - 656.24' to a 1/2" iron rebar found in a line of WIN III, LLC; thence with WIN III, LLC for the following nine courses: S 39020'23" E - 233.461 to a 1/2" iron rebar found; thence S 16009'28" E - 223.12' to a 1/2" iron rebar found; thence S 70033'12" E - 144.39' to a 1/2" iron rebar found; thence (Continued on sheet 9) File 0028 Sheet 8 of 9 S 07007'34" W - 210.73' to a '/2" iron rebar found at the point of curvature of a curve to the left; thence 155.21' along the are of said curve to the left, having a radius of 201.28' and a chord bearing S 14°57'51" E for a distance of 151.39', to a drill hole found in a concrete gutter at the point of tangency; thence S 37003'16" E - 71.45' to a P-K nail found in an asphalt roadway at the beginning of a curve to the right; thence 156.22' along the arc of said curve to the right (being nontangent to the preceding course), having a radius of 210.00' and a chord bearing S 80°17'02" E for a distance of 152.65', to a P-K nail found in an asphalt roadway at the point of tangency; thence S 58058'19" E - 32.93' to a drill hole found in a concrete median at the point of curvature of a curve to the right; thence 124.99'along the arc of said curve to the right, having a radius of 210.00' and a chord bearing S 41°55'15" E for a distance of 123.15', to the beginning. Containing......................................................................................... 22.8997 Acres. Surveyed......................................................................................... May 18, 2007. OF L r 00 RICHAR A. EDENS � Lic. No. 002550 File 0028 Sheet 9 of 9 COUNTY of FREDERICK Department of Planning and Development 540/ 665-5651 FAX: 540/ 665-6395 NOTIFICATION OF PUBLIC MEETING Julyl 1, 2007 TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNERS RE: SUBDIVISION # 16-07 AND WAIVER REQUEST OF WIN, LLC On behalf of the Frederick County Board of Supervisors, you are hereby notified of a public meeting being held on Wednesday, July 25, 2007 at 7:15 p.m. in the Board Room of the Frederick County Administration Building at 107 N. Kent Street, Winchester, Virginia. This meeting is to consider the Subdivision 416-07 and Waiver Request of WIN, LLC, submitted by Greenway Engineering, to create three out -parcel lots, and waiver of Subdivision of Land, Section 144-24, Lot Requirements, (C) Lot Access. The property fronts the northern boundary of Berryville Pike (Route 7) at its intersection with the eastern boundary of Interstate 81 at Exit 315, and is identified by Property Identification Number 54-A-99E in the Stonewall Magisterial District. Any interested parties may attend this meeting. A copy of the application will be available for review at the Handley Library and the Bowman Library the week of the meeting or at the Department of Planning and Development located at 107 North Kent Street in Winchester, Virginia, or by calling (540) 665-5651. You can also visit us on the web at: www.co.frederick.va.us. Sincerely, Mark R. Cheran Zoning and Subdivision Administrator MRC/bad 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 This is to certify h t the attached correspondence was mailed to the following on :7 111 from the Department of Planning and Development, Frederick County, Virginia: 54 - A- - 99-E WIN, LLC 1100 FIFTH AVE S STE 210 NAPLES, FL 34102.6407 Greenway Engineering 151 Windy Hill Lane Winchester, VA 22602 54 - A- - 112-A 220 SEAFOOD RESTAURANT, LC 238 HANGING TREE RD WINCHESTER, VA 22603-3401 54F - A- - 30- FIRST BANK 112 W KING ST STRASBURG, VA 22657.2220 Mark R. Cheran, Zoning & Subdivision Administrator Frederick County Planning Department STATE OF VIRGINIA COUNTY OF FREDERICK a Notary Public in and for the State and County aforesaid, do6hereby certify that M R. Cheran, Zoning & Subdivision Administrator for the Depa m nt of Planning and Development, whose name is signed to the foregoing, dated has personally appeared before me and acknowledged the same in my Sta e and County aforesaid. Given under my hand this / b6� day of My commission expires on � s NOTARY PUAfLIC 33 /,f/7�/ Jam and Smudge Free Printing Use Avery® TEMPLATE 51610 54 - A- - 99-C WIN 11, LLC 1100 FIFTH AVE S STE 210 NAPLES, FL 34102.6407 54 - A- - 99-F WIN III, LLC 1100 FIFTH AVE S STE 210 NAPLES, FL 34102.6407 54 - A- - 99-F WIN III, LLC 1100 FIFTH AVE S STE 210 NAPLES, FL 34102.6407 54 - A- - 112-C 220 SEAFOOD RESTAURANT, L L C 238 HANGING TREE RD WINCHESTER, VA 22603.3401 54 - A- - 112-C 220 SEAFOOD RESTAURANT, L L C 238 HANGING TREE RD WINCHESTER, VA 22603.3401 ® www.avely.com AVEWO 51610 ® 1-800-GO-AV --' 54 - A- - 99-C WIN 11, LLC 1100 FIFTH AVE S STE 210 NAPLES, FL 34102.6407 54 - A- - 99-C WIN II, LLC 1100 FIFTH AVE S STE 210 NAPLES, FL 34102.6407 54 - A- - 99-F WIN III, LLC 1100 FIFTH AVE S STE 210 NAPLES, FL 34102.6407 54 - A- - 99-F WIN III, LLC 1100 FIFTH AVE S STE 210 NAPLES, FL 34102.6407 i9es A11I31AV-09.008®i, 54 - A- - 112-C 220 SEAFOOD RESTAURANT, L L C 238 HANGING TREE RD WINCHESTER, VA 22603.3401 54 - A- - 112-C 220 SEAFOOD RESTAURANT, L L C 238 HANGING TREE RD WINCHESTER, VA 22603.3401 ® ®wLS 10 wo ai zesup ® apidea 96e43as a 4a a6eaanoq!4ue uoissaidwi Jam and Smudge Free Printing ® www ave a Use Avery@ TEMPLATE S1610 1-800-GO- VERY IN AVEWO S1614D WIN, LLC 1100 Fifth Ave., S Ste. 210 Naples, FL 34102 COUNTY of FREDERICK Department- of Planning and Development 540/ 665-5651 FAX: 540/ 665-6395 NOTIFICATION OF PUBLIC MEETING July 6, 2007 TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNERS RE: SUBDIVISION # 16-07 AND WAIVER REQUEST OF WIN, LLC On behalf of the Frederick County Planning Commission, you are hereby notified of a public meeting being held on Wednesday, July 18, 2007 at 7:00 p.m. in the Board Room of the Frederick County Administration Building at 107 N. Kent Street, Winchester, Virginia. This meeting is to consider the Subdivision #16-07 and Waiver Request of WIN, LLC, submitted by Greenway Engineering, to create three out -parcel lots, and waiver of Subdivision of Land, Section 144-24, Lot Requirements, (C) Lot Access. The property fronts the northern boundary of Berryville Pike (Route 7) at its intersection with the eastern boundary of Interstate 81 at Exit 315, and is identified by Property Identification Number 54-A-99E in the Stonewall Magisterial District. Any interested parties may attend this meeting. A copy of the application will be available for review at the Handley Library and the Bowman Library the week of the meeting or at the Department of Planning and Development located at 107 North Kent Street in Winchester, Virginia, or by calling (540) 665-5651. You can also visit us on the web at: www.co.frederick.va.us. Sincerely, Mark R. Cheran Zoning and Subdivision Administrator MRC/bad 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 This is to certify that the attached correspondence was mailed to the following on �(, 1j :2 from the Department of Planning and Development, Frederick County, Virginia: 54 - A- - 99-E WIN, LLC 1100 FIFTH AVE S STE 210 NAPLES, FL 34102.6407 Greenway Engineering 151 Windy Hill Lane Winchester, VA 22602 54 - A- - 112-A 220 SEAFOOD RESTAURANT, LC 238 HANGING TREE RD WINCHESTER,VA 22603.3401 54F - A- - 30- FIRST BANK 112 W KING ST STRASBURG,VA 22657.2220 Mark R. Cheran, Zoning & Subdivision Administrator Frederick County Planning Department STATE OF VIRGINIA COUNTY OF FREDERICK a Notary Public in and for the State and County aforesaid, do Nereby certify that MA R. Cheran, Zoning & Subdivision Administrator for the Depa ment of Planning and Development, whose name is signed to the foregoing, dated ,has personally appeared before me and acknowledged the same in my Stat6 arld County aforesaid. Given under my hand this v day of My commission expires on 1,4/-� fly NOTARY -33 r Adjoining Property: PARCEL ID NUMBER sue! ^ A- IZZ �-.4-//2C / oz --A- 3 '0:BARBARA-DATA PROCESSING FROM:BEV - PI nning Dept. Please =�4A� USE ZONING �01 !60 IA J Adjoining Property: PARCEL ID NUMBER SY-4 - .21 A S 5r- TO:BARB�ARA-DATA PROCESSING FROM:BEV - PI nning Dept. Please print ,t sets of lab rA NRJI USE ZONING IJ DEPT. OF GEOGRAPHIC INE(> _.NiATION1 SYSTEMS FREDERICK COUNTY, VIRGIN1A W LL GIS,AIA-PPING, GRAPHICS WORKREQUEST DATE RECEIVED: REQUESTED COMPLETION DATE: REQUESTING AGENT: Department, Agency, or Company: - Mailing and/or Billing Address: Telephone: E-mail Address: ESTIMATED COST OF PROTECT: M FAX: DESCRIPTION OF REQUEST: (Write additional information on back of request) OAA�s S u'g � . DIGITAL: PAPER: FAX: E-MAI-L: SIZES: COLOR: BLACK/WHITE: NUMBER OF COPIES: STAFF MEMBER COMPLETION DATE: MATERIALS: DATE OF PICK-UP/DELIVERY: AMOUNT DUE: AMOUNT BILLED: METHOD OF PAYMENT: HOURS REQUIRED: AMOUNT PAID: CHECK NO.# Frederick County GIS, 107 North Kent Street, Winchester, VA 22601, (540)665-5651) SUBDIVISION REQUEST #16-07 ow4`GK cO°ti, WIN, LLC Staff Report for the Planning Commission w Prepared: June 29, 2007 )J8 Staff Contact: Mark R. Cheran, Zoning Administrator This report is prepared by the Frederick County Planning Staff to provide information to the Planning Commission and the Board of Supervisors to assist in the review of this application. It may also be useful to others interested in this zoning matter. Reviewed Action Planning Commission 07/18/07 Pending Board of Supervisors: 07/25/07 Pending LOCATION: The property fronts the northern boundary of Berryville Pike (Route 7) at its intersection with Interstate 81 at Exit 315. MAGISTERIAL DISTRICT: Stonewall PROPERTY ID NUMBER: 54-A-99E PROPERTY ZONING & PRESENT USE: B2 (General Business) District Land Use: Commercial ADJOINING PROPERTY ZONING & USE: North: B-2 (Business General) South: B-2 (Business General) East: B-2 (Business General) West: RP (Residential Performance) Use: Vacant Use: Commercial/Vacant Use: Commercial Use: Residential SUBDIVISION SPECIFICS: Subdivision of 25.6750 acres into four (4) parcels of 0.9003 acres. 0.9216 acres. and 0.9533 acres respectfully; with a residue parcel of 22 acres. All four (4) parcels are zoned B-2 (Business General). Subdivision Request #16-07, WIN, LLC June 29, 2007 Page 2 Fire and Rescue: Plan approval recommended. Sanitation Authority: We will serve these sites with sewer and water. Planning: This property had been zoned B-2 (Business General) when Frederick County adopted zoning in 1967, and has no approved Master Development Plan (MDP). This request is for subdivision of 25.6750 acres to create four (4) parcels with acreage of: 0.9003 ac, 0.9216 ac, and 0.9533 ac.; with a residue parcel of 22.8997 acres. These parcels are located within the Urban Development Area (UDA) and Sewer Water Service Area (SWSA) as indicated by the 2003 Comprehensive Policy Plan of Frederick County Staff Review: The Subdivision Ordinance requires that land divisions in the B-2 (General Business) Zoning District without an approved Master Development Plan (MDP) be presented to the Board of Supervisors for final approval (Chapter I 44-12-B). This proposed subdivision has met the requirements for a waiver from the MDP requirements, and has been granted a waiver of the MDP requirements. The design elements associated with the MDP have not been waived. Therefore, Planning Commission and Board of Supervisors review and action on this Subdivision request is necessary. Requested Waivers: The applicant has requested a waiver from Section 144-24 C of the Frederick County Code (Subdivision) to allow these parcels to be served by a private commercial access. This Section of The Frederick County Code requires that all new parcels must abut and have direct access to a state maintained public street/road. Access to these parcels will be via a private commercial 50 foot ingress/egress from Berryville Pike (Route 7). This 25 acre parcel abuts Berryville Pike (Route 7) and is served by a single entrance onto Route 7. STAFF RECOMMENDATION FOR 07/18/07 PLANNING COMMISSION MEETING: In order for the proposed commercial lots on the WIN, LLC property to be subdivided utilizing private roads, the Board of Supervisors will need to grant a waiver of Section 144-24C of the Frederick County Subdivision Ordinance. Staff is seeking two actions: • Recommendation from the Planning Commission regarding the waiver of public road frontage. • Recommendation from the Planning Commission regarding administrative approval authorityfor a four -lot subdivision. All issues and concerns raised by the Planning Commission will be forwarded to the Board of Supervisors for their consideration. REQUEST FOR SUBDIVISION COMMENTS Frederick County Sanitation Authority Attn: Engineer Director P.O. Box 1877 Winchester, Virginia 22604 (540) 868-1061 The Frederick County Sanitation Authority is located at 315 Tasker Road in Stephens City, Virginia, if YOU prefer to hand deliver this review. Applicant's name, address and phone number: Greenwav Enaineerine Attn: Richard A. Edens, LS 151 Windy Hill Lane Winchester, VA 22620 540-662-4185 Name of development and/or description of the request: "Final Subdivision Plat of the land of WIN, LLC" proposes 3 new lots of less than l acre each served by existing private roadways and infrastructure. Location: Property fronts the northern boundary of Berryville Pike (Va. Route 7) at its intersection with the eastern boundary of Interstate route 81 at Exit 315 and is served by Gateway Drive (private). Sanitation Authority Comments: ��-{�' C:2l�s�%'21�-�c��(L1li �_ � /�Yl�� .�.�i,/��� ,/f1d�% �s ✓� Sanitation Authority Signature and Date: � (NOTICE TO SANITATION AUTHORITY *PLEASE RETURN THIS FORM TO APPLICANT.) NOTICE TO APPLICANT it is your responsibility to complete this form as accurately as possible in order to assist the agency with their review. Also, please attach a copy of your application form, location map and all other pertinent information. 4 1 MAY 2 5 2007 p ccol?_)la,S ► Frederick County Fire and Rescue Department Office of the Fire Marshal Plan Review and Comments Control number Date received sD07 - 0 011 5/23/2007 Project Name Winchester Gateway -WIN LLC Final Plats Address City 151 Windy Hill Ln. Winchester Type Application Tax ID Number Subdivision 54-A-99E Current Zoning B2 Automatic Sprinkler System Yes Other recommendation Emergency Vehicle Access Not Identified Siamese Location Not Identified Emergency Vehicle Access Comments Access Comments Additional Comments Plan Approval Recommended Yes Date reviewed 6/4/2007 Applicant Greenway Engineering State Zip VA 22602 Fire District 18 Recommendations Automatic Fire Alarm System Yes Requirements Hydrant Location Not Identified Roadway/Aisleway Width Not Identified Date Revised Applicant Phone 540-662-4185 Rescue District 18 Election District Stonewall Residential Sprinkler System No Fire Lane Required Yes Special Hazards No Reviewed By Signature J. Neal Title r C- 1 � i — (—C- e ),4 GREENWAY ENGINEERING 151 Windy Hill Lane Founded in 1971 Winchester, Virginia 22602 ' T R A N S M I T T A L Project Name: WIN, LLC Final Subdivision Plat File No: 0028 Date June 22, 2007 To: FC Planning From: Evan Wyatt/ Attn: Mark Cheran GREENWAY ENGINEERING Phone: 540-662-4185 Copied Fax: 540-722-9528 Delivery: ❑ Fed Ex ❑ U.S. Mail ❑ Other ❑ Urgent ® For Your Review Message: Hi Mark, ® Courier ❑ As You Requested J UN 2 2 2007 ❑ Pick Up ® Please Comment Please find attached the completed application, application fee, agency review comments and final plat set for the three out -parcel lots at Winchester Gateway. Please schedule this project for the July 18, 2007 Planning Commission meeting and the July 25, 2007 Board of Supervisors meeting. Please advise me if you need any additional information and I will forward it immediately. Thank you for your assistance! Evan Hand Delivery and Pick Ups Only: Received By: Date: J U N. 2 2 2007 Document Approval Form PLEASE REVIEW THE ATTACIMD DOCUMENT. IF THIS DOCUMENT MEETS YOUR APPROVAL PLEASE INrrLA-L AND PROVIDE THE DATE AND TA4E OF YOUR APPROVAL. IF THIS DOCUMENT DOESNOTIKEET YOUR APPROVAL PLEASE PROVIDE COAMEWSAS TO WHAT YOU WOULD LI%E TO HAVE COMPLETED. INITIALS DATE & TAZE Candice Bernie Susan Eric Mike Kevin John Lauren COMIIIENTS: Received by Clerical Staff (Date & Time): 22 U:\Pam\Common\Document Approval Form.wpd 070018153 in 0 -_j THIS INSTRUMENT c:; PREPARED BY: Lawson & Stlek, PLC Joseph F. Silek, Jr., PC 43 Chester Street Post Office Boa 602 Front Royal, VA 22630 (540) 635-9415 (540) 635-9421 (FAX) DEDICATION OF PLAT ENTITLED "FINAL SUBDIVISION PLAT OF THE LAND OF WIN, LLC STONEWALL MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA- KNOW ALL MEN BY THESE PRESENTS: That WIN, LLC, being the owner and proprietor of certain parcels of real. estate located in Frederick County, Virginia, as shown by a deed of record as Instrument No. 050006781, among the Frederick County land records and further shown on a plat prepared by Richard. A. Edens, Land Surveyor, dated May 18, 2007, entitled, "FINAL SUBDIVISION PLAT OF THE LAND OF WIN, LLC STONEWALL MAGISTERIAL DISTRICT, FREDERICK COUNTY, VIRGINW; The undersigned desiring to have said plat and survey recorded in the Clerk's Office so the deeds hereafter be executed with reference to and in accordance with said plat, does hereby adopt, ratify, approve and confirm said plat and survey as a true plat and survey of the said real estate and does . O O _j QD announce its intention to hereafter refer to said plat and survey for the purposes of identifying in any deed hereafter to be granted and conveyed. WITNESS the following signature and seal this I - day of ) c w_1 -/ , 2007. WIN, By: ; I , ' (SEAL) ruce A. , M r for Bruce A. Griffin, LLC, Manager of WIN, LLC COMMONWEALTH FQ VIRGINIA 0k/COUNTY OF Zna6a.,%. TO -WIT: I, , a Notary Public in and for the State and County aforesaid, do inereby certify that Bruce A. Griffin, Manager of Bruce A. Griffin, LLC, which is a Manager of WIN, LLC, whose name is signed to the foregoing Dedication of Plat, has this day personally appeared and acknowledged the same before me in my State and County afore d. ��//� Given under my hand this / day of Allw�S , 2007. My commission expires: _AC- 3/ .2of o Notary Registration Number: 70/1/10$(, 26�a Cr • (.d it t44e4 NOT PUBLIC FINAL SUBDIVISION PLAT OF THE LAND OF WIN, LL C STONEWALL MAGISTERIAL DISTRICT, FREDERICK COUNTY, VIRGINIA MAY 18, 2007 �e o7 Re ency Lakes .. o C r l� TY 0 F o �� WINCH S'iE S �eSRoa�. Exit 315 d € YICINITY MAP Rl g 1., = 2000' OWNER'S CERTIFICATE THE ABOVE AND FOREGOING SUBDIVISION OF THE LAND OF WIN, LLC, AS APPEARS ON THEeAAG PLATS WITH THE FREE CONSENT AND IN ACCORDANCE WITH THE DESUNDER ED NERS, PROPRIETORS, AND TRUSTEES, IF ANY. COMMONRGIN/A CITY /�� �C� , TO WIT' -�}�THE I "` DAY FERS CERTIFICATE WAS ACKNOWLEDGED BEFORE ME THIS OF 1 2007 BY f 7r L l �7 Y riQa �Y 0_ NOT4%,., Llp . .' - , uni in 3 MY COMMISSION EXPIRES SURVEYOR'S CERTIFICATE ''✓`';_ .�'' " I HEREBY CERTIFY THAT THE LAND CONTAINED /N THIS SUBDIVISION IS ALL OF THE "RESIDUE OF TAX PARCEL 54-A-99E" AS ESTABLISHED BY SUBDIVISION PLAT DATED MAY 31, 2006 AND REVISED AUGUST 17, 2006 OF RECORD /N THE FREDERICK COUNTY CIRCUIT COURT CLERK'S OFFICE AS INSTRUMENT No. 060022905, BEING A PORTION OF THE LAND CONVEYED TO WIN, LLC BY DEED DATED MARCH 31, 2005 OF RECORD /N SAID CLERKS OFFICE AS INSTRUMENT No. 050006781. RICHARD A. EDENS, L.S. NOTE: PARENT TAX PARCEL IDENTIFICATION T.M. 54-A-99E 25.6750 ACRES ZONE.- 82 USE. COMMERCIAL APPROVALS: // �COUNTY N.LTHDER/CK SANITATION AUTHORITY DATEFREE 7 fit~ FREDERICK COUNTY SUBDIVISION ADMINISTRATOR DE u RICHARD A. EDENS a Lic. No. 2550 GREENWAY ENGINEERING, INC. 5-(e-0-7 �. 151 Windy Hill Lane ESngineers Winchester, Virginia 22602 SUR,V urveyors Telephone: (540) 662-4185 FAX.- (540) 722-9528 0028 SHEET 1 OF 9 Founded in 1971 www.greenwayeng.com 50' INGRESS/EGRESS EASEMENT INST. No. 050006781 ��Plq J g9G N 5k,p,'�01586g 5 \a U o6p02 1N5 14iOG0��C� 50' INGRESS/EGRESS EASEMENT ,g9E A INST No. 050005781 50' INGRESS/EGRESS 54`1P Vp0�12 INST No. 05000EASE 6781 MENTS ��\N o 0� g2 �EaO ASS. �tioaE'1cog�� 50' INGRESS/EGRESS ` JPC� �E Of P'g 46C74' EASEMENT INSTT, No. 050006781 10' WATERLINE EASEMENT DB 908 PG 456 10' SANITARY SEWER r EASEMENT DB 448 PG 261 00.QcZry f�� 50' INGRESS— EGRESS EASEMENT j --i INST No. , 060022905 f 20' WATERUNE i ! EASEMENT INST. No. if I 060022907 1 i q DOT -SHADED AREA DENOTES AN ADDITIONAL VARIABLE WIDTH 1NGRE55-EGRE5S EASEMENT HEREBY ESTABLISHED TO BENEFIT NEW TAX PARCELS 54 A-99J, 99K & 99L TO BE UTILIZED IN COMBINATION WRH THE EXISTING INGRESS -EGRESS EASEMENTS TO BERRYV/LLE PIKE. SSE RESxo� Et 4 C2 SP% PSE� 10 14,.. ...., i DHS � E13 J�OHS p aPYLON i l DHS T7 SIGN K5"�• ,J Of SIRS 1 �L6 I .Q NO Iw J - Ih G"" 20' WATERLINE EASEMENT iv o N INST. No. 060022907 I ) oL 3 J� m EXISTING o w j BUILDING Cc NEW TAX PARCEL 54 A-99J� 0.9216 ACRE IRS L3 Edo L2 oIRS W�.. > L 1 EB •4io IRS 0 FUEL r J l No S SIGN i fg NEW TAX PARCEL cs+ 54-A-99K SEE SHEET 3 60 0 60 NOTE SEE SHEET 5 FOR LINE DATA GRAPHIC SCALE EASEMENT LINE AND CURVE DATA (IN FELT) LEGEND, NOTES, AND AREA TABULATION, FINAL SUBDIVISION PLAT OF THE LAND OF WIN, LL C STONEWALL MAGISTERIAL DISTRICT, FREDERICK COUNTY, ORGINIA SCALE: 1" = 60' 1 DATE: MAY 18. 2007 GREENWAY ENGINEERING, imc. _$y 151 Windy Hill Lane Engineers Winchester, Virginia 22602 Surveyors Telephone: (540) 662-4185 FAX: (540) 722-9528 Founded in 1971 www.greenwayeng.com NLTH 0 G P f RICHARD A. EDENS a Lic. No. 2550 _svRv�� 0028 SHEET 2 OF 9 10' WATERLINE EASEMENT DB 908 PG 456 cjDS jON �F'Qi0 10' S01TARP SEWER EASEMENT `�08 448 PG 262 I 1NEW TAX PARCEL It \` N- y W y� 50' INGRESS- EGRESS EASEMENT;`} INST. No. `, `. 060022905 � + r 20' WATERLINE I + EASEMENT _L l+ INST. No. 060022907 1 , - L LE WIDTH V �EROSASEMENT J I --_ pD22907 t� E4 r� EGR 0h:� i1. 7� INST. No06002 1......:. i . SEE SHEET 2 DOT -SHADED AREA DENOTES A VARIABLE WIDTH INGRESS -EGRESS I —EASEMENT HEREBY ESTABLISHED TO BENEFIT NEW TAX PARCELS ' 54-A-99J, 99K & 99L. �L 10 !R11 `� RS 2 T 0 - I 1 fL 12 J oIR i 9 NEW - m TAX PARCEL igi 54-A-99K - 0.9533 ACRE - L8 .� N _ /NST. No. 06p g07NT ' N OHS tt N S-1609' a E 227, 20' WATERLINE EASEMENT INST. No. 060022907 O� h rl.........:. i NEW TAX PARCEL 54-A-991 N 73'5O'32" E 165.00' 0.9003 ACRE m � $ fit...•.•..::. LoH� 1 1 1 � r I � 60 0 60 GRAPHIC SCALE (IN FEET) DOT -SHADED AREA DENOTES A 50' AND VARIABLE WIDTH INGRESS -EGRESS �o EASEMENT HEREBY ESTABLISHED TO BENEFIT NEW TAX PARCELS 54-A-99J, 99K & 99L. N-1610'44" W-24J12• TAk pARCELUE OF SEE SH F A-99E 110ff SEE SHEET 5 FOR LINE DATA, EASEMENT LINE AND CURVE DATA, LEGEND, NOTES, AND AREA TABULATION. FINAL . SUBDIVISION PLAT OF THE LAND OF WIN, LL C STONEWALL MAGIV ERAL DISTRICT, FREDERICK COUNTY, WRGIN64 SCALE: Founded in 1971 1" = 60' 1 DATE: MAY 18. 2007 GREENWAY ENGINEERING, INC. 151 Windy Hill Lane Engineers Winchester, I�irginia 22602 Surveyors Telephone: (540) 662-4185 FAX: (540) 722-9528 www.greenwayeng.com IRS Pow O h ��2 o IRF ;n ~II IRS 't 0, ; RICHARD A. EDENS a Lic. No. 2550 SURv�'�o 0028 SHEET 3 OF 9 10WATERLINE EASEMENT �e ,`�DB 908 PG 456 O T.M. 54-A-991 O ti WIN 1l, LLC 4� O INST. No. 060022906 �`�� �T.M. 54 A-99F O ZONE. B2 USE: VAGANT Q p ��` �\\` WIN 111, LLC �\ INST. No. 070001724 ZONE. B2 USE. VACANT IRFo N U50'J2" E � 1656.24'. `� 1Rf �" 50' INGRESS- i I 1 ���, 10' SANITARY r r " EGRESS-11 I� '�;+1`�—SEWER DB 448 PG 262EASEMENT EASEMENT � i " i INST No. i I 060022905 II i 1124 r i i i VARIABLE WIDTH I I I I IRF r i i WATER &SEWER i' I 'I ;� EASEMENTS � III r '------ �, INST No. 60022907 li it v u�1i',i / �------ LJ -2 II 11 5 °0 MON ' ( a RESIDUE OF I I 111 m TAX PARCEL �; �' m ' DIRE ;11;, O Q� , 1 , 54-A 88E ____J L—_— i (� ,� W - 1 22.8997 ACRES II ,--- �I1 Ala �' �� I� ,I , ,L26 iIr oh � �� 2 cn li it i i f' q^ � ���v'�o• e ak cr 2 Z I I rn �2�.,p II II i lRfatu ii �i$v 5 ci+88 i I�\\�\` i /, 2�� � l i I I m i rrr, _22 MONK LnwUS -�I II iI OHF rr L28��m C9 a KF z W gfi 2 MON o/-IRS��b o L 19 1 c�. ° a ` ABJ WATER & SEWERL, 99L o y^ C10 1 EASEMENTS 99K ; �� L 15 INST. No, 60022907 I I NEW TAX PARCELS ' 99J L14�<<',, n SQ' i BRL SEE SHEETS 2 Er 3 �0�� PKF s IL J FOR DETAIL DHS G 13 pOB4 0 IRS MON L2J 21' f -, �TwL N0 UwE BER YVILLE PIKEIDTHR/W UM LIMITED ACCESS R/W VA. PRIMARY R D8 341 PG35 200 0 200 AQ E SEE SHEETS 2 & 3 FOR CORNER MONUMENTS GRAPHIC SCALE ADJOINING NEW TAX PARCELS 54-A-99✓, K, & L. (IN FEET) SEE SHEET 5 FOR LINE DATA, CURVE, DATA, LEGEND, NOTES, AND AREA TABULATION. FINAL SUBDIVISION PLAT OF THE LAND OF a�o'Tfiop, WIN, LL C STONEWALL MAGISTERIAL DISTRICT, FREDERICK COUNTY, WRGIN14 SCALE: Founded in 1971 1" = 200' 1 DATE: MAY 18. 2007 GREENWAY ENGINEERING, mc. 151 Windy Hill Lane Engineers Winchester, Yrginia 22602 Surveyors Telephone: (540) 662-4185 FAX: (540) 722-9528 www.greenwayeng.com RICHARD A. EDENS a Lic. No. 002550 a suRv�� 0028 SHEET 4 OF 9 IN IDW r)ATA CURVE DELTA ANGLE RADIUS ARC LENGTH TANGENT CHORD BEARING CHORD LENGTH Cl 3753'1 I ' 160.00' 105.80' 54.92' S 81 J 12J E 10188 C2 J5' 14 26' 15749' 96.86' 50.02' S 4 f 21 '06' E 95. J5' C3 J5'1426 15Z49' 96.86' 50.02' N 41'2106 W 95.J5' C4 J753'l1' 160,00' 105.80' 54.92' N 81'J12J' W 103.68' C5 105-J6'02" 170.00 J13.32 22J.97' N 55.1153 W 270.82' C6 14'35'03" 800.00 20J. 63 102.37' N 1122 29' W 203.08' C7 29'51 '47' 874.9J 456.02 23J.32' N 012J 35' W 450.88' CB 44'10'50' 201.28 155.21 ' 81.69' S 14'57 51 ' E 151.39' C9 42'37 26' 210.00' 155.22' 81.93' S 80' 17 02' E 152.65' CIO 34'06'08' 210.00' 124.99' 64.41' S 41'55'15" E 123.15' IINF nATA LINE BEARING DISTANCE L 1 N 18'5838' W 107.16' L2 N 33'24 05" W 94.07' L3 N 50'08'16' E IZBB' L4 N 60'54'40' E 61.65 L5 N 79'J2'01 ' E J5.26' L6 S 49'16 46 E 1J.04 L7 S 58'58'19' E 30.14 L8 N 72-04 59' E 81. J7' L9 N 73'48 15' E 89.J3' L f 0 S J3'24'05' E 94.07' L l l S 18'58 36' E 10716' L 12 S 61'43 21 ' W 28.24 L f3 S 61'432I ' W 52.64' L14 N 58'58'19' W JO.14 L15 N 49'16'46' W 1J.04' L 16 S 7932 01 ' W J5.26' L 17 S 60'54 40' W 61.65' L 18 S 50'08'16' W 17.88' L 19 S 73'48'15' W 89.JJ' L20 S 72'04 59' W 81.37' L21 S 7X5032' W 165,00' L22 S 16' 10'44' E 243.12' L2J S 71'5747' W 315.21 L24 S 39'20 2J' E 2JJ. 46' L25 S 16'09 28' E 22J.12 L26 S 70'33 12 E 144.J9' L27 S 070734" W 210.73' L28 S J703'16" E 71.45' L29 S 58'58'19 E J2.93' NO 1. THE BOUNDARY INFORMATION SHOWN HEREON /S BASED ON A CURRENT FIELD SURVEY BY THIS FIRM. 2. NO TITLE REPORT FURNISHED. EASEMENTS MAY EXIST WHICH ARE NOT SHOWN. J. THE PROPERTY SHOWN HEREON LIES ENTIRELY WITHIN ZONE C, AREAS OF MINIMAL FLOODING, PER N.F.I.P. HOOD INSURANCE RATE MAP No. 510063 0115 B, DATED JULY 17, 1976. FACFA/FNT IlNF nATA LINE BEARING DISTANCE El N 16'09 28 W 50.00' E2 N 73'5O'J2' E 164.2J' EJ N 72'0459' E 30.78' E4 S 16'09'28' £ 46.44' E5 N 7J'5"2' E 62.09' E6 N 5747 J4' E 99.63' E7 S J703'16' E J2.42' E8 N 18'58'38' W 43.00' E9 N 71'01 22' E 25.00' E10 S 18'5838' E 36.91 ' Ell S 61'4321' W 25.J3' E12 S 61'4321 W 26.66' E1 J N 28'09 27' W 46.51 ' E14 N 61'50'33" E I 2J.J5' FrFNQ BRL = BUILDING RES7R/CT70N LINE PER ZONING ORDINANCE = CENTERUNE OF PAVEMENT DHF = DRILL HOLE FOUND IN CONCRETE OHS = DRILL HOLE SET /N CONCRETE IRS = )i' IRON RE84R & CAP SET IRF = X' IRON REBAR FOUND MON = CONCRETE HIGHWAY MONUMENT FOUND PKF = P-K NAIL FOUND /N ASPHALT OR CONCRETE PKS = P-K NAIL SET /N ASPHALT OR CONCRETE POB = POINT OF BEGINNING OF METES & BOUNDS DESCRIP77ON R/W = RIGHT OF WAY AREA TABULATION EXIS77NG T.M. 54-A-99E LESS NEW T.M. 54-A-99J = LESS NEW T.M. 54-A-99K = LESS NEW T.M. 54-A-99L = RESIDUE OF T.M. 54-A-99E FINAL SUBDIVISION PLAT OF THE LAND OF WIN, LL C STONEWALL MAGISTERIAL DISTRICT, FREDERICK COUNTY, WRGIN14 SCALE: N/A I DATE: MAY 18 2007 GREENWAY ENGINEERING, INC. -$1- 151 Windy Hill Lane Engineers Winchester, Virginia 22602 Surveyors Telephone: (540) 662-4185 FAX: (540) 722-9528 Founded in 1971 www.greenwayeng.com 25.6750 ACRES -0.9216 ACRE -0.9533 ACRE -0.9003 ACRF 22.8997 ACRES REMAINING ALin OFF U 0028 SHEET 5 OF 9 I METES AND BOUNDS DESCRIPTIONS C0 The accompanying plat entitled "Final Subdivision Plat of the land of WIN, LLC" and u dated May 18, 2007 represents a division survey of all of the "Residue of Tax Parcel 54-A-99E," as established by Dedication of Plat executed December 6, 2006 of record in the Frederick County Circuit Court Clerk's Office as Instrument No. 060022905, being a portion of the land conveyed to WIN, LLC by deed dated March 31, 2005 of record in said Clerk's Office as Instrument No. 050006781. The said land fronts the northern boundary of Berryville Pike (Va. Primary Route 7) at its intersection with the eastern boundary of Interstate Route 81 in Stonewall Magisterial District, Frederick County, Virginia. All directions described herein are given by quadrant bearings expressed in degrees (°), minutes ('), and seconds (") and all distances are expressed in feet ('). The division of said land is more particularly described by metes and bounds as follows: New Tax Parcel 54-A-99J Beginning at a drill hole set in a concrete gutter (labeled POB1 on Sheet 2 of the plat) in the northern boundary of Berryville Pike - Va. Primary Route 7 (said drill hole located S 61043'21" W - 52.64' from a P-K nail found in a concrete median at the southeast comer of the parent tract, a comer to WIN 11I, LLC) corner to the Residue of Tax Parcel 54-A-99E described below and being the southeastern corner of New Tax Parcel 54-A-99J; thence with the northern boundary of Berryville Pike S 61043'21" W - 246.51' to a ''/2" iron rebar & cap set, corner to New Tax Parcel 54-A-99K described below; thence along new division lines through the land of WIN, LLC and with said New Tax Parcel 54-A-99K for the following two courses: N 18058'38" W - 107.16' to a '1/2" iron rebar & cap set; thence N 33024'05" W - 94.07' to a '/2" iron rebar & cap set; thence departing said New Tax Parcel 54-A-99K and continuing along new division lines through the land of WIN, LLC for the following seven courses: N 50008' 16" E - 17.88' to a 'h" iron rebar & cap set; thence N 60054'40" E - 61.65' to a '/2" iron rebar & cap set; thence N 79032'01" E - 35.26' to a P-K nail set in asphalt at the point of curvature of a curve to the right; thence 105.80' along the arc of said curve, having a radius of 160.00' and a chord bearing S 81031'23" E for a distance of 103.88', to a drill hole set in a concrete gutter at the end of said curve; thence S 49016146" E - 13.04' to a drill hole set in a concrete gutter; thence S 58058'19" E - 30.14' to a drill hole set in a concrete gutter at the point of curvature of a curve to the right; thence 96.86' along the arc of said curve, having a radius of 157.49' and a chord bearing S 41021'06" E for a distance of 95.35', to the beginning. Containing.................................................................................................... 0.9216 Acre. New Tax Parcel 54-A-99K Beginning at a'/2" iron rebar & cap set (labeled POB2 on Sheet 3 of the plat) in the northern boundary of Berryville Pike (Va. Primary Route 7), corner to New Tax Parcel 54-A-99J described above and being the southeastern corner of New Tax Parcel 54-A-99K; thence with said road boundary for the following two courses: (Continued on sheet 7) File 0028 Sheet 6 of 9 S 61043'21" W - 28.24' to a''/z" iron rebar found; thence S 65005'00" W-178.28' to a''/2" iron rebar & cap set, comer to New Tax Parcel 54-A-99L described below; thence along a new division line through the land of WIN, LLC and with said New Tax Parcel 54-A-99L N 16009'28" W - 227.40' to a drill hole set in a concrete sidewalk; thence departing said New Tax Parcel 54-A-99L and continuing along new division lines for the following two courses: N 72004'59" E - 81.37' to a drill hole set in a concrete sidewalk; thence N 73048'15" E - 8933' to a 1/Z" iron rebar & cap set, comer to New Tax Parcel 54-A-99J; thence continuing along new division lines through the land of WIN, LLC and with said New Tax Parcel 54-A-99J for the following two courses: S 33024'05" E - 94.07' to a '`/:" iron rebar & cap set; thence S 18058'38" E - 107.16' to the beginning. Containing.................................................................................................... 0.9533 Acre. New Tax Parcel 54-A-99L Beginning at a''/:" iron rebar & cap set (labeled POB3 on Sheet 3 of the plat) in the northern boundary of Berryville Pike (Va. Primary Route 7), comer to New Tax Parcel 54-A-99K described above and being the southeastern comer of New Tax Parcel 54-A-99L; thence with said road boundary for the following two courses: S 65005'00" W - 86.00' to a''/s" iron rebar found; thence S 71057147" W - 79.96' to a''/2" iron rebar & cap set, comer to the Residue of Tax Parcel 54-A-99E described below; thence along new division lines through the land of WIN, LLC for the following two courses: N 16010'44" W - 243.12' to a drill hole set in a concrete sidewalk; thence N 73050'32" E - 165.00' to a drill hole set in a concrete sidewalk, comer to New Tax Parcel 54-A-99K described above; thence continuing along a new division line through the land of WIN, LLC and with said New Tax Parcel 54-A-99K S 16009'28" E - 227.40' to the beginning. Containing.................................................................................................... 0.9003 Acre. Residue of Tax Parcel 54-A-99E Beginning at a P-K nail found in a concrete median (labeled POB4 on Sheet 4 of the plat) in the northern boundary of Berryville Pike (Va. Primary Route 7), comer to WIN I11, LLC; thence with said road boundary S 61043'21" W - 52.64' to a drill hole set in a concrete gutter, comer to New Tax Parcel 54-A-99J described above and at the beginning of a curve; thence along new division lines and with said New Tax Parcel 54-A-99J for the following seven courses: 96.86' along the arc of a curve to the left (said curve being non -tangent to the preceding course), having a radius of 157.49, and a chord bearing N 41021'06" W for a distance of 95.351, to a drill hole set in a concrete gutter at the point of tangency; thence (Continued on sheet 8) 0 C) CO G'� File 0028 Sheet 7 of 9 O Q N 58058'19" W - 30.14' to a drill hole set in a concrete gutter; thence N 49016146" W - 13.04' to a drill hole set in a concrete gutter at the beginning of a curve to the left; thence 105.80' along the arc of said curve (said curve being non -tangent to the preceding course), having a radius of 160.00' and a chord bearing N 81131'23" W for a distance of 103.88', to a P-K nail set in asphalt at the point of tangency; thence S 79032'01" W - 35.26' to a'`/2" iron rebar & cap set; thence S 60054140" W - 61.65' to a ''/z" iron rebar & cap set; thence S 50008'16" W - 17.88' to a''/z" iron rebar & cap set, corner to New Tax Parcel 54-A-99K described above; thence continuing along new division lines through the land of WIN, LLC and with said New Tax Parcel 54-A-99K for the following two courses: S 73048'15" W - 89.33' to a drill hole set in a concrete sidewalk; thence S 72004'59" W - 81.37' to a drill hole set in a concrete sidewalk, corner to New Tax Parcel 54-A-99L; thence continuing along new division lines through the land of WIN, LLC and with said New Tax Parcel 54-A-99L for the following two courses: S 73050'32" W - 165.00' to a drill hole set in a concrete sidewalk; thence S 16010144" E - 243.12' to a '/z" iron rebar & cap set in the northern boundary of Berryville Pike (Va. Primary Route 7); thence with said road boundary S 7115747" W, passing over a point at the beginning of the limited access right of way at approximately 2l' and continuing with said limited access right of way boundary 315.21' in all, to a concrete highway monument found at the beginning of a curve to the right and in the eastern boundary of Interstate Route 81; thence with the eastern boundary of Interstate Route 81 and said limited access right of way boundary for the following four courses: 313.32' along the arc of said curve to the right (being nontangent to the preceding course), having a radius of 170.00' and a chord bearing N 55111'53" W for a distance of 270.82', to a concrete highway monument found at the end of said curve and the beginning of a curve to the left; thence 203.63' along the arc of said curve to the left (being nontangent to the preceding course), having a radius of 800.00' and a chord bearing N 11022'29" W for a distance of 203.08', to a concrete highway monument found at the end of said curve; thence N 16033'18" W - 408.39' to a concrete highway monument found at the beginning of a curve to the right; thence 456.02' along the arc of said curve to the right (being nontangent to the preceding course), having a radius of 874.93' and a chord bearing N 01123'35" W for a distance of 450.88', to a %a" iron rebar found, corner to WIN II, LLC; thence with WIN II, LLC N 73050'32" E - 656.24' to a %z" iron rebar found in a line of WIN III, LLC; thence with WIN III, LLC for the following nine courses: S 39"20'23" E - 233.46' to a '`/z" iron rebar found; thence S 16009'28" E - 223.12' to a ''/z" iron rebar found; thence S 70033'12" E - 144.39' to a''%z" iron rebar found; thence (Continued on sheet 9) File 0028 Sheet 8 of 9 O S 07007'34" W - 210.73' to a ''/2" iron rebar found at the point of curvature of a curve to the ? left; thence 155.21' along the arc of said curve to the left, having a radius of 201.28' and a chord bearing S 14157'51" E for a distance of 151.39', to a drill hole found in a concrete gutter at the point of tangency; thence S 370'03'16" E - 71.45' to a P-K nail found in an asphalt roadway at the beginning of a curve to the right; thence 156.22' along the arc of said curve to the right (being nontangent to the preceding course), having a radius of 210.00' and a chord bearing S 80017'02" E for a distance of 152:65', to a P-K nail found in an asphalt roadway at the point of tangency; thence S 58058'19" E - 32.93' to a drill hole found in a concrete median at the point of curvature of a curve to the right; thence 124.99'along the arc of said curve to the right, having a radius of 210.00' and a chord bearing S 41055'15" E for a distance of 123.15', to the beginning. Containing......................................................................................... 22.8997 Acres. Surveyed......................................................................................... May 18, 2007. p,LTH ,t -(ZS�4 RICHARD A. EDENS a Lic. No. 002550 VIRG]N1A: FREDERICK COUNTY.SCT. This instrument of writing was produced to me on NOV. �9, 2 407 Il -2l And and ++ith certificate ackno++ledoement thereto annexed +as a;lmiued to record. "1"as imposed by Scc. 58.1-802 of S N I , and 58.1-801 have been paid, if assessable. 4". /-.0 , Clerk File 0028 Sheet 9 of 9 010001724 THIS DEED, made and dated this z� of January, 2007, by and between DEVELOPMENT COMPANY OF AMERICA, LLP, a Maryland Limited Liability Partnership, successor to Development Company of America, a Maryland General Partnership, by conversion to a Maryland Limited Liability Partnership, hereinafter Grantor, and WIN III, LLC, a Florida Limited Liability Company, hereinafter Grantee. W ITNESSETH: That for and in consideration of the sum of Ten Dollars ($10.00), cash in 0 hand paid, and other good and valuable consideration, the receipt of all of which is hereby N O_ a acknowledged, the Grantor does hereby grant, bargain, sell and convey with SPECIAL warranty of n. title, unto the Grantee, the following described properties and appurtenances thereunto belonging: z o PARCEL ONE: All of that certain lot or parcel of land, together with the improvements thereon and the appurtenances there -unto belonging, fronting the V) northern boundary of Berryville Pike (Va. Primary Route 7) near its intersection with the eastern boundary of Interstate Route 81, lying and being in Stonewall Magisterial District, Frederick County, Virginia, containing 36.1865 acres, more or less, and which is more particularly shown on Sheet 4 of the that certain "Final Plat for ° v^ Boundary Line Adjustment between the Lands of Development Company of ¢� b America, Stonewall Magisterial District, Frederick County, Virginia" dated January �w�w E Lr 7 28, 2005 ("Final Plat") which is attached to and is part of that certain Deed and Deed S T ¢ of Boundary Line Adjustment by and between Grantor and Win, LLC dated March x = 31, 2005 and recorded in the Clerk's Office of the Circuit Court of Frederick County, -z� Virginia as Instrument No. 050006781, and also being shown on Sheets I and 2 of that certain "Boundary Survey of the Land of Development Company of America, LLP" dated January 12, 2007 prepared by Richard A. Edens, L.S. ("Boundary Survey"), which is attached hereto, and further described by metes and bounds t description attached to said Final Plat and to said Boundary Survey. This is a portion of the same property conveyed to the Grantor herein by Deed from Winchester Mall, p ¢ Inc. dated December 27, 1988 recorded in the aforesaid Clerk's Office in Deed Book u b 702, at Page 416 ("the Winchester Mall Deed") and is the same parcel described as z "PARCEL 3" retained by Grantor in the aforesaid Deed and Deed of Boundary Line ci t7 U Adjustment dated March 31, 2005, recorded in the aforesaid Clerk's Office as Instrument No. 050006791. Tax Parcel 54-A-99F Together with the 60 foot wide easement for ingress and egress as described in the above referenced Winchester Mall Deed recorded in the aforesaid Clerk's Office in Deed Book 702, Page 416 at Page 418. 0 0 0 N AND PARCEL TWO: All of that certain lot or parcel of land, together with the improvements thereon and the appurtenances thereunto belonging, lying and being situate in Stonewall Magisterial District, Frederick County, Virginia, containing 1.3180 acres, more or less, and which is more particularly shown on Sheets l and 3 of the aforesaid Boundary Survey and the metes and bounds description attached to said Boundary Survey and which is referenced on Sheet 4 of the aforesaid Final Plat as ® and which was described as Parcel C containing 1.323 acres on the Plat and Survey of Lee A. Ebert, C.L.S., dated June 5, 1979, recorded in the aforesaid Clerk's Office in Deed Book 510, Page 371. This is the same parcel conveyed to the Grantor herein as Parcel 4 in the above referenced Winchester Mall Deed of record in the aforesaid Clerk's Office in Deed Book 702, Page 416 and is the same parcel described as "PARCEL 4" retained by Grantor in the aforesaid Deed and Deed of Boundary Line Adjustment dated March 31, 2005, recorded in the aforesaid Clerk's Office as Instrument No. 050006781. Tax Map Parcel 54-A-99G Together with the 60 foot wide easement for ingress and egress as described in the above referenced Winchester Mall Deed recorded in the aforesaid Clerk's Office in Deed Book 702, Page 416 at Page 418. Reference is here made to the aforesaid instruments and the attachments and the references therein contained for a further and more particular description of the property hereby conveyed. Parcels One and Two conveyed herein are subject to and benefited by those certain easements, reservations and conditions granted and reserved by the Grantor in that certain Deed and Deed of Boundary Line Adjustment by and between the Grantor and Win, LLC dated March 31, 2005, recorded in the aforesaid Clerk's Office as Instrument No. 050006781. Further, this conveyance is made subject to all easements, leases, reservations, restrictions, conditions and encumbrances of record and contained in the deeds forming the chain of title to the above -described property, provided, however, that the foregoing shall not be deemed in any way to reinstitute or republish any restrictions or reservations of record that may have expired or lapsed. Subject to the above, Grantor covenants that it will execute such further assurances of title to said property as may be requisite. 0 Q C) WITNESS the following signatures and seals: DEVELOPMENT COMPANY OF AMERICA, LLP a Maryland lirrtited liability partnership Glenn S. BA,' /Harvey B. Bair and Emerson F air, Trustees of the Generatio kipping Tax Nonexempt Trusts U/ of Scott S. Bair (Partner) By: _ (Seal) lenn S. Bai rustee BY: (Seal) rustee BY: (Seal) Harvey B. Bair and Gle . ai stees of the TrusYO/W o ita artner) BY: (Seal) it, Trustee BY: — (Seal) lenn S. Bair, Trus /, , BY: (Seal) air, Partner BY: (Seal) lenn S. Bair, Partner 3 0 a r STATE OFYT.A>!ID AT LARGE KCO( TY OF caxa u to -wit: The foregoing instrument was acknowledged before me this 29th day of January, 2007, by Glenn S. Bair, in his capacity as Trustee of the Generation -Skipping Tax Nonexempt Trusts U(W of Scott S. Bair, partner of Development Company of America, LLP, a Maryland Limited Liability Partnership. WANDA F. MENDENHAROtary ublic s NOTARY PUBLICCARROLL COUNTY, MD My Commission expires: MY EXR 2 trop PLOW STATE OF tAgYianID __ AT LARGE 7ekl=YlCOUNTY OF I.T.CAeRO, to -wit: The foregoing instrument was acknowledged before me this 29th day of January, 2007, by Harvey B. Bair, in his capacity as Trustee of the Generation -Skipping Tax Nonexempt Trusts U/W of Scott S. Bair, partner of Development Company of America, LLP, a Maryland Limited Liability Partnership. d_1f4W.4) WANDA Notary�lic F. MENDENH ALL NOTARY PUBLIC My Commission expires: CARROLL COUNTY Mr)� rotroe Y a 0 0 cn STATE OF MART AND AT LARGE COUNTY OF CAx&it)LL , to -wit: The foregoing instrument was acknowledged before me this 29th day of January, 2007, by Emerson F. Bair, in his capacity as Trustee of the Generation -Skipping Tax Nonexempt Trusts U/W of Scott S. Bair, partner of Development Company of America, LLP, a Maryland Limited Liability Partnership. WANDAotary F7GtEt�6EF1HAC blic NOTARY PUBLIC iAaY CARROLL COUNTY, MD My Commission expires: MY COW D(P t2101= _ Q Pl" STATE OF mABstt,A>!m AT LARGE COUNTY OF CAgRoLL , to -wit: The foregoing instrument was acknowledged before me this 29th day of January, 2007, by Harvey B. Bair, in his capacity as Trustee of the Trust U/W of Anita B. Bair, partner of Development Company of America, LLP, a Maryland Limited Liability Partnership. WANDA F. MENDENHALL Notary ublic NOTARY PUBLIC li My Commission expires: CARROLL COUNTY, MDR I STATE OF mAEYLAND AT LARGE JCOUNTY OF CAmLL , to -wit: The foregoing instrument was acknowledged before me this 29th day of January, 2007, by Glenn S. Bair, in his capacity as Trustee of the Trust U/W of Anita B. Bair, partner of Development Company of America, LLP, a Maryland Limited Liability Partnership. WANDA F. MENDENHALL Notary PublicY NOTARY PUBLIC . •,��+ My Commission expires: CARROLL COUNTY, MD MY G-0-14-6. -, 14fulfuu ;( STATE OF K&M AHn AT LARGE 44T=YJCOUNTY OF CAMLL , to -wit: The foregoing instrument was acknowledged before me this 29th day of January, 2007, by Harvey B. Bair, partner of Development Company of America, LLP, a Maryland Limited Liability Partnership. dC �4 ic. J WANDA F MENDENHALL Notary Ablic �F. NOTARY PUBLIC, My Commission expires: CARROLL COUNTY t� � , 0 0 STATE OF MARximm AT LARGE COUNTY OF cARxoLL , to -wit: The foregoing instrument was acknowledged before me this 29th day of January, 2007, by Glenn S. Bair, partner of Development Company of America, LLP, a Maryland Limited Liability Partnership, WANDA F. MENDENHALLNotary Public MWURY NOTARY PUBLIC My Commissionexpires-.CARROLL COUNTY, MD This instrument prepared by: H. Edmunds Coleman, III, Esquire Bryan & Coleman, P.L.C. The Feltner Building, 3`d Floor 9 Court Square Winchester, V A 22601 (540) 545-4172 MA\Developmenl Company of America, LLC\Revised Deed 1-24-07.doc 0 y MON S 68'43'02" E 06.44 NOT£ SEE SHEET 4 FOR V IQ (b LINE DATA, CURVE DATA, LEGEND, NOTES AND CORNER KEY TO ADJOINING FENCE PROPERTY OWNERS OvQ�J?� % gh . V� POST ����, 5 3�0 PPE FOUND NCHED / s T.M. 55-A-27 ` x: (REGENCY LAKES CONDOMINIUM 10' F.C.SA �C+. HIDDEN VALLEY SPE LLC WATERLINE �v-� INST. No. 0JO024396 EASEMENT L8 DB 908 PG 456 RF \\\ 10' F.C.SA SANITARY I R SEWER EASEMENT Si' �DEI 448 PG 262 TAX PARCEL TAX PARCEL 54-A -99F O IRF o \�\\\ 36.1865 ACRES IP082 54-A -99G 0 1.3180 ACRES pl 50' INGRESS -EGRESS h L 15 N 3'9'20'23" W p� EASEMENT 43%28• �p INST. No. 050006781 P0B3 p /R%� 60' INGRESS- 6 oIll p L 16 EGRESS EASEMENT L6� IIII %DIRE p ��j APPURT£TG4NT TO o�OD SUBJECT PROPERP IRFa III / IRE \ DS 514 PG 131 !>> SEE SHEET 3 L5 _� ry o /RF FOR DETAIL OA �l� v H \\ L4 0 Q O , E \\ .� FOR DUXOF THIS AREA 0 L3 (0-L 14 \ DRIVE 0.2 MILE.t TO L? �C01) V INTERSTATE 8!\ o PO81 �� a, 201 4�—iL_� ND SE W�� L0 R' R Y 7 - VARIABLELLE PKF 1f.1 R/W 400 0 p 400 VA P 54 D8 3ROUTE 41 PG GRAPHIC SCALE (IN FEET) BOUNDARY SURVEY OF THE LAND OF �p.LTH 0 DEVELOPMENT COMPANY OF AMER/CA, LLP -fL A' L_ STONEWALL MAGISTERIAL DISTRICT, FREDERICK COUNTY, WRGIN14 0 RICHARD A. EDENS 5 No.002550 SCALE: 1' = 400' DATE: JANUARY 12, 2007 GREENWAY ENGINEERING 151 Windy Hill Lane O �d Engi�ers Winchester, Vrginia 22602 Sure ors SUR v�� Telephone: (540) 662-4185 F,4X. (540) 722-9528 Founded in 1971 www.greenwayeng.com 0028 SHEET 1 OF 7 C O O 00 111 / 4r 1RFo �ti� 111 �y J 1 I o IRF v 11 11 20' F.C.SA. r I r shop. WATFRL/NE EASEMENT I r 1J INST. No. 060022907 1 50'INGRESS-EGRESS EASEMENT INST. No. 050006781 l�. a 1 r i 1 r 10' FC.S.A `O N ! 1 WATERLINE EASEMENT $ 1 I DS 906 PG 456 ado IRFol I d ,ry 2 0 2 3 111 0 1 1 1 DHS 2 1 / 10' F.C.SA. SANITARY SEWER y ►.� I V EASEMENT Z I DO 448 PG 262 20' F.C.S.A. I1 0IRS WATERLINE EASEMENT / oOHF INST. No. 060022907 �/ V. DHS o i� PKF C� ` PKSO o`er PKF o DHSS 50'INGRESS-EGRESS OHF EASEMENT INST. No. 060022905 50'INGRESS-EGRESS EASEMENT APPURTENANT TO SUBJECT PROPERTY \ INST. No. 050006781 T.M. 54-A-99C WIN, 11, LLC INST No. 060015889 SEE INST. No. 050006781 TAX PARCEL 54-A-99F 36.1865 ACRES (SEE SHEET 1) 50'INGRESS-EGRESS EASEMENT INST. No. 050006781 P081 IRS �F L1 —� 82.2 f 0.2 MILE* TO — INTERSTATE 81 �^ DETAIL r — Wj�S D EPIKE VA PRIMARY 7 r- VARL48LE WIDTH R/W 100 0 100 08 341 PG 354 NOTE GRAPHIC SCALE (IN FEET) BOUNDARY SURVEY OF TH£ LAND OF DEVELOPMENT COMPANY OF AMER/CA, LLP STONEWALL MAGISTERML DISTRICT, FREDERICK COUNTY, WRGIN/A SCALE: 1" = 100' I DATE: JANUARY 12 2007 GREENWAY ENGINEERING 151 Windy Hill Lane Engineers Winchester, Virginia 22602 Surveyors Telephone: (540) 662-4185 FAX: (540) 722-9528 Founded in 1971 www.greenwayeng.com SEE SHEET 4 FOR LINE DATA, CURVE L14TA, LEGEND, NOTES AND KEY TO ADJOINING PROPERTY OWNERS. ,p,LTH pF � r U RICHARD A. EDENS a No.002550 0028 SHEET 2 OF 7 R0o- 1Y�� 54S p 1�EE{ 1 �BJ R o/ \ \ 5 5EE 5 \\ 1 O / 60' INGRESS — EGRESS EASEMENT APPURTENANT TO SUBJECT PROPERTY DB 514 PG 131 150 0 150 GRAPHIC SCALE (IN FEET) BLOCK GARAGE (NOTE ENCROACHMENT ON SUBJECT EASEMENT) GR4VEL / DRNEWAY S 08'4106' W 78.84'� O IRS '/ 294 f TO BERRYV/LLE PIKE ua ROUTE 7 NG� OBK3i p DETAIL aEGo RiN TAX PARCEL 54—A-99G 1.3180 ACRES to J \ IRF L16 IRF I I I I I I of ( I i I I `O I 60' I I SHED ao II 11 IRS_I; BOUNDARY SURVEY OF THE LAND OF ALIQTE SEE SHEET 4 FOR LINE DATA, CURVE DATA, LEGEND, NOTES AND KEY TO ADJOINING PROPERTY OWNERS. TWO STORY FRAME DWELLING 1137 `N 61'09 01 " E\ 149.56' TO IRF CURRENT OWNER OF THIS AREA UNCERTAIN NOW OR FORMERLY ALFRED L. SNAPP, SR., ET AL SEE OB 473 PG 739 DEVELOPMENT COMPANY OF AMER/CA, LLP STONEWALL MAGISTERIAL DISTRICT, FREDERICK COUNTY, WRGIN14 SCALE: 1" = 150' I DATE: JANUARY 12 2007 /J!�N GREENWAY ENGINEERING 151 Windy Full Lane Engineers Winchester, Virginia 22602 Surveyors Telephone: (540) 662-4185 FAX.- (540) 722-9528 Founded in 1971 www.greenwayeng.com o���ALTH OF t 0, RIC-HARD A. EDENS y No.002550 -�Z-0? SUR-A&/ 0028 SHEET 3 OF 7 ri771.. ijwiT-i/1 CURVE DELTA ANGLE RADIUS ARC LENGTH TANGENT CHORD BEARING CHORD LENGTH Cl 34'06'08 210.00' 124.99 64.41 N 4155' 15 W 123. 15' C2 42'3726 210.00' 156.22' 81.93' N 80-17'02' W 152,65' C3 44' 10 50" 201.26' 155.21 1.69 N 14'57 51 " W 151.39 C4 12'48'30" 7833.44' 1751.15' 979.24' N 06'2 1'25' E 1747.51 ' C5 44' 10 50" 151.28' 116.65 61.40 S 14'57 51 ' E 113.79' C6 1 35'25 58 1 266. 00 1 160.79 1 83 06' S 76'41 ' 18 E 1 158.24' C7 I 33'26 47" 1 260.00' 1 151.78' 1 78.12' S 42' 14 56' f 1 149.63' LINF OAT4 LINE BEARING DISTANCE L1 S 61'4321' W 50.07' L2 N 58'58'19' W 32.93' 0 N 37-03'16' W 71.45' L4 N OT'07J4 E 210.73' L5 N 70'33 12' W 144.39' L6 N 16'09 28' W 223 12 L7 N 47'02'52" W 400.18' L8 N 79'08'18' W 45.88' L9 S 0T0734 W 250.11' 00 S 0707 34' W 386. 69' 01 N 82'5226' W 454.00' L12 S 07*0734' W 492.73' L 13 S 3703'16" E 42.14' L 14 S 58'58'19 f 32.93 L 15 S 54'06 02' E 345.36' L 16 S 5428'16' E 179.59 L 17 N 82'40 53' W 460.69' f — CENTERUNE OF PAVEMENT IRS = )i' IRON R£SAR dt CAP SET IRF — H' IRON REBAR FOUND A40N — CONCRETE HIGHWAY MONUMENT FOUND R/W = RIGHT OF WAY KEY TO ADJOINING PROPERTY OWNERS T.M. 54—A-99£ O WIN, LLC INST. No. 050006781 SEE INST. No. 060022905 T.M. 54—A-991 © WIN, A LLC INST. No. 060022906 SEE INST. No. 060022905 T.M. 54—A-90 © ASSOCIATION FOR THE PRESERVATION OF CML WAR SITES, INC. DB 849 PG 173 (PARCEL ONE) TM. 54—A-102 O DAV/D BRAGG DB 929 PG 1805 SEE 08 508 PG 68 T.M. 54—A-101 O STUART A. HULVER, ET AL DB 373 PG J05 SEE DS 508 PG 68 T M. 54—A-105 O "ES R. WILK/NS, JR. DB 800 PG 631 SEE DB 819 PG 125J T.M. 54—A-993 © RIND ENTERPRISES, LLC INST. No. 020005347 SEE DB 571 P 77i T.M. 54—A-99H OH ROY F. STEIN 08 649 PG 818 T.M. 54—A-99C © WIN, It, LLC INST. No. 060015889 SEE INST. No. 050006781 NOTES I. THE BOUNDARY INFORMATION SHOWN HEREON /S BASED ON A CURRENT FIELD SURVEY BY THIS FIRM. 2. NO 777LE REPORT FURNISHED. EASEMENTS MAY EXIST WHICH ARE NOT SHOWN. J. THE PROPERTY SHOWN HEREON LIES ENTIRELY WITH/N ZONE C, AREAS OF MINIMAL FLOODING, PER N.F.I.P. FLOOD INSURANCE RATE MAP No. 51006J 0115 B, DATED JULY 17, 1978. BOUNDARY SURVEY OF THE LAND OF p,LTH OFT, DEVELOPMENT COMPANY OF AMERICA, LLP STONEWALL WGIV RW DISTRICT, FREDERICK COUNTY, ORGIN14 SCALE: N A DATE: JANUARY 12, 2007 RICHARD A. EDENS a No.002550 GREENWAY ENGINEERING 151 Windy Hill Lane Engineers Winchester, Virginia 22602 ' Telephone: (540) 662-4185 SURv� FAX: (540) 722-9528 Founded in 197] www.greenwayeng.com 0028 SHEET 4 OF 7 I 0 CD N METES AND BOUNDS DESCRIPTIONS The accompanying plat entitled "Boundary Survey of the land of Development Company of America, LLP" dated January 12, 2007 represents a Boundary Survey of (i.) all of "Adjusted Tax Parcel 54-A-99F' as established by Final Plat for Boundary Line Adjustment between the lands of Development Company of America dated January 28, 2005 of record in the Frederick County Circuit Court Clerk's Office attached to Instrument No. 050006781, being a portion of " Parcel 1" conveyed to Development Company of America (now known as Development Company of America, LLP) by deed dated December 27, 1988 of record in said Clerk's Office in Deed Book 702 at Page 416, (ii.) all of "Parcel 4," identified as Tax Parcel 54-A-99G, conveyed to Development Company of America by the aforesaid deed dated December 27, 1988 of record in said Clerk's Office in Deed Book 702 at Page 416, and (iii.) a 60' easement for ingress and egress appurtenant to the subject property conveyed to Development Company of America by the aforesaid deed dated December 27, 1988 of record in said Clerk's Office in Deed Book 702 at Page 416 and identified therein as the "Easement" parcel. The said land fronts the northern boundary of Berryville Pike (Va. Primary Route 7) about 0.2 mile east of its intersection with the eastern boundary of Interstate Route 81 in Stonewall Magisterial District, Frederick County, Virginia and is more particutarlybounded as follows: TAX PARCEL 54-A-99F Beginning at %i' iron rebar & cap set (labeled POB 1 on the plat) ill the northern boundary of Berryville Pike'(Va. Primary Route 7), corner to WIN, 11, LLC; thence with said road boundary S 61043'21" W - 50.07' to a P-K nail found in a concrete median, corner to WIN, LLC; thence with WIN, LLC for the following eight courses: 124.99' along the arc of a curve to the left (being nontangent to the preceding course), having a radius of 210.00' and a chord bearing N 41°55'15" W for a distance of 123.15', to a drill hole found in a concrete median at the point of tangency; thence N 58058*19" W - 32.93' to a P-K nail found in an asphalt roadway at the point of curvature of a curve to the left; thence 156.22' along the arc of said curve, having a radius of 210.00' and a chord bearing N 80°17'02" W for a distance of 152.65', to a P-K nail found in an asphalt roadway at the end of said curve; thence N 37003' 16" W - 71.45' to a drill hole found in a concrete gutter at the point of curvature of a curve to the right; thence 155.21' along the arc of said curve, having a radius of 201.28' and a chord bearing N 14°57'51" W for a distance of 151.39', to a �/2" iron rebar found at the point of tangency; thence N 07°07'34" E - 210.73' to a %2" iron rebar found; thence N 70°33'12" W - 144.39' to a'/2" iron rebar found; thence N 16009'28" W - 223.12' to a'/2" iron rebar found; thence continuing with WIN, LLC and then with WIN, 11, LLC N 39°20'23" W - 433.28' to a %2" iron rebar found; thence with WIN, 11, LLC for the following two courses: N 47002'52" W - 400.18' to a'�/2" iron rebar found; thence N 79008'18" W - 45.88' to a �/2" iron rebar found on curve in the eastern boundary of Interstate Route 81 (a limited access right-of-way); thence with said road boundary and limited access line 1,751.15' along the arc of a curve to the left (being nontangent to the preceding course), having a radius of 7,833.44' and a chord bearing N 06°21'25" E for a distance of 1,747.51', to a concrete highway monument found, corner to Association for the Preservation of Civil War Sites, Inc.; thence with Association for the Preservation of Civil War Sites, Inc. File 0028 Sheet 5 of 7 CD 0 w S 68043'02" E - 536.44' to a corner fence post found in a line of Regency Lakes Condominium (Hidden Valley SPE LLC); thence with Regency Lakes Condominium for the following two courses: S 36005'49" W - 861.94' to a 3/4" iron pinched pipe found; thence S 54°46'22" E — 1,517.29' to a'/2" iron rebar & cap set, corner to other land of Development Company of America, LLP (T.M. 54-A-99G described below); thence with said other land of Development Company of America, LLP, then Rind Enterprises, LLC and then Roy F. Stein S 07007'34" W - 636.80' to a'/z" iron rebar found, corner to WIN, 11, LLC; thence with WIN, 11, LLC for the following seven courses: N 82052'26" W - 454.00' to a %2" iron rebar found; thence S 07007'34" W - 492.73' to a drill hole set in a concrete gutter at the point of curvature of a curve to the left; thence 116.65' along the arc of said curve, having a radius of 151.28' and a chord bearing S 14°57'51" E for a distance of 113.79', to a'/i' iron rebar & cap set at the point of tangency; thence S 37003'16" E - 42.14' to a drill hole set in a concrete sidewalk at the beginning of a carve to the right; thence 160.79' along the arc of a curve to the right (being nontangent to the preceding course), having a radius of 260.00' and a chord bearing S 76°41' 18" E for a distance of 158.24', to a P-K nail set in an asphalt driveway at the point of tangency; thence S 58°58'19" E - 32.93' to a drill hole set in a concrete sidewalk at the point of curvature of a curve to the right; thence 151.78' along the are of said curve, having a radius of 260.00' and a chord bearing S 42'14'56" E for a distance of 149.63', to the beginning. Containing.............................................................................................. 36.1865 Acres. TAX PARCEL 54-A-99G Beginning at'/2" iron rebar found (labeled P0132 on the plat) in a line of Regency Lakes Condominium (Hidden Valley SPE, LLC), corner to other land of Development Company of America, LLP (Tax Parcel 54-A-99F described above); thence with Regency Lakes Condominium S 54'06'02" E — 345.36' to a'/z" iron rebar found, comer to David Bragg; thence with Bragg S 54028'16" E — 179.59' to a %2" iron rebar found, corner to Rind Enterprises, LLC; thence with Rind Enterprises, LLC N 82°40'53" W — 460.69' to a'/2: iron rebar found in a line of other land of Development Company of America, LLP ("fax Parcel 54-A-99F described above); thence with said other land of Development Company of America, LLP N 07007'34" E — 250.11' to the beginning. Containing.... ...... ................................................................ I..... 1.3180 Acres. File 0028 Sheet 6 of 7 Q 60' Easement for Ingress and Egress X" The following 60' ingress -egress easement was originally conveyed as an appurtenance to the subject property described above over the land of Alfred L. Snapp, Sr., et al (now David Bragg) by deed dated September 17, 1979 of record in said Clerk's Office in Deed Book 514 at Page 131. A portion of the said easement was subsequently dedicated as a public street now know as Regency Lakes Drive by Deed of Dedication dated October 8, 1986 of record in said Clerk's Office in Deed Book 537 at Page 410. The southwestern boundary tine of the remainder of the said 60' easement for ingress and egress is described below, the said easement being 60 feet in width (lying to the northwest or left of the lines described below) as described by the original grant and more particularly described by metes and bounds as follows: Beginning a %" iron rebar found (labeled POB3 on the plat), being the southwestern corner of the subject Tax Parcel 54-A-99G described above, in a line of subject Tax Parcel 54-A-99F described above and corner to Rind Enterprises, LLC; thence with Rind Enterprises, LLC S 82040'53" E — 460.69' to a'/z" iron rebar found in the southern boundary of David Bragg; thence along the said southern boundary of Bragg with Rind Enterprises, LLC and then James R. Wilkins, Jr. S 54028'16" E — 769.34' to a'/z" iron rebar & cap set, corner to a remnant of a parcel formerly owned by Alfred L. Snapp, Sr., et al (however not included in the conveyance to Bragg); thence with said former Snapp remnant S 08041'06" W — 78.84' to a %z" iron rebar & cap set at the terminus of said easement in the western boundary of Regency Lakes Drive (a public street). Surveyed ................ ........................ I.............. January 12, 2007. ....................... TH OV; RICHARD q. EDENS a No.002550 t-tz-07 1* t SURV� VIRGINIA: FREDERICK COIJNTY.SCT. This instrument of writing was produced to me on I - 3 � -2Oo-� at fk '.1, Am and with certificate acknowledgement thereto annexed was admitted to record. Tax imposed by Sec. 58.1-802 of $1 � 14-50, and 58.1-801 have been paid, if assessable. 46,4 , Clerk File 0028 Sheet 7 of 7 T ;'t oi•l, IT t f4. t'Q',VZ ...... t' tit , ;If j 'I Own SIT