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Home My WebLink About03-01 Wright's Run (Lot) 76-A-53F Shawnee - BackfileDepartamn nt at Planning and Development a401'665-5651 March 16, 2001 C.E. Maddox, Jr., P-E.; Vice President G.V. Clifford & Associates, Inc. 200 North Cameron Street Winchester, Virginia 22601 RE. Wright's Run L.P.; Ade➢phia Cable Site; Subdivision #03-01 Dear Chuck: I am in receipt of your letter, dated March 14, 2001, regarding the above -referenced subdivision and more specifically, Beechwood Drive. The county accepts your request to defer construction of Beechwood Drive until the next project, which will be fronting on or be accessed via Beechwood Drive. In your letter of March 14, 2001, you make reference to Maranto Manor Drive (formerly Beechwood Drive). County records indicate that the street name Maranto Manor Drive was reserved for use in Wright's Run in September 1998. Mr. Steve Gyurisin of G.W. Clifford & Associates made the road naive request in correspondence dated September 21, 1998. Changing the proposed street name Beechwood Drive to Maranto Manor Drive has not been requested to date. I would suggest that if it is your intent to rename Beechwood Drive to Maranto Manor Drive, that you state so in a letter addressed to Marcus Lemasters, Mapping and Graphics Manager. contact me with any questions regarding this letter. Eric;R' Lawrence, AICP Deputy Planning Director ERL/kac cc: Marcus Lemasters, Mapping & Graphics Manager, Planning Department Rhonda Sargent, Public Works . ',Wri&t_q Rtut pd gilbert w. clifford & associates, inc INCORPORATED 1972 Engineers — Land Planners — Water Quality 14 March 2001 Mr. Eric Lawrence Frederick County Planning 107 N. Kent Street Winchester, Virginia 22601 RE: Wrights Run L.P. Adelphia Cable Site Subdivision 03-01 Dear Eric, Board of Directors: President: Thomas J. O'Toole, P.E. Vice Presidents: Charles E. Maddox, Jr., P.E. Earl R. Sutherland, P.E. Ronald A. Mislowsky, P.E. David J. Saunders, Y.E. Directors: William L. Wright Michael A. Hammer Thomas W. Price Thank you for your letter of March 9 regarding Maranto to Manor Drive (formerly Beechwood Drive) adjacent to the subject site. Please be advised that this street shall be built at the time of development of the first project which fronts on this road or in any way requires this road for access. Bonding for this road will be provided with the proposed subdivision plat and site development plan created for the subject developments. Thank you for your assistance in this matter. Sincerely yours, gilbert w. �7,, Izz-, clifford & asociates; inc. I / , 1./_ Jr.,(P'E., Vice CE" cc: Mr. Allan Hudson, Wrights Run L.P. Mr. Thomas Lawson RECEIVE® MAR 16 2001 DEPT, OF PLANNING/DEVELOPMENT 200 North Cameron Street, Winchester, Virginia 22601 (540) 667-2139 Fax (540) 665-0493 e-mail gwcliff@mnsinc.com Member American Consulting Engineers Council Mar 15 01 04:53p g.u:. clifford & assoc. 540-OSS-0493 P.1 14 March 2001 gilbert w. Clifford & ascocialtel, it is 1NC-Q.RPC RATED 1972 L ngineers — Land Planners — Water Quality Mr. Eric Lawrence Frederick C-ounty Planning 107 N. pent Street Winchester, Virginia 22601 RE: Wrights Run Z.P. A ielphia Cable Site Subdivision 03-011 Dear L-1111, Board of Direi:ors: President: Thomas J. O'Toole, P.G. ":-_ Presidn-as: Charles E- Maddox Jr., P.F. Earl R. Sutherland, Y.E. Ronald A. Mislowsky, Py. David J. Saunders, P.G. Directors: William L. Wrighi Michael A. l iammer Thomas W. Price Thank you iir your letter of March y regarding Maranto to Manor Drive (formerly Beech -wood Drive) adjacent to the subject site. Please be advised that this street shall be built at the time of development of the first project which fronts on this road or in any way requires this road for access. Bonding for this road will be provided with the proposed subdivision plat and site development plan created for the subject developments_ Thank you yr your assistance in this matter. Si.rcerely yours, gi;uer't w. cii�ord & asso iates ine. XV fix, Jr., , Vice. P esident CEM/!tf' cc: Mr. Aran Hudson, Wrights Run L P. Mr. Thomas Lawson 200 North Cameron Street, Winchester, Virginia 22601 (540) 667-2139 Fax (540) 665-0493 e-mail gwciiff@mnsinc.com Xfember Americmt Consulting Engineers Council FILE COPY COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/665-6395 March 7, 2001 Mr. Ronald Mislowsky G. W. Clifford & Associates, Inc. 200 N. Cameron Street Winchester, Virginia 22601 RE: Subdivision #03-01, Wright's Run L.P. (6.0152-Acre Lot) Dear Ron: I am in receipt of the subdivision application and preliminary plat for Wright's Run L.P. 6.0152 Acres. This plat provides for the establishment of.a 4.7398-acre parcel (P.I.N. 76-A-53F) and the extension of Rainville Road. The plat in general appears to comply with zoning and subdivision requirements, although I would offer the following comments for your consideration: 1. All roads proposed on the approved master development plan must be provided. This subdivision, as proposed, should provide for the construction of Rainville Road and Beechwood Drive. I understand Industrial Access Funds are being sought for Rainville Road's construction. What guarantee has been sought to cover the construction of Beechwood Drive? 2. While the subdivision plat has delineated Rainville Road, Beechwood Drive has not been addressed. Please revise the plat to include the necessary description of Beechwood Drive. Please be reminded that revisions to the plat to include Beechwood Drive will require the Virginia Department of Transportation approval. Once the above comments are addressed, and an appropriate guarantee is provided, this office will be able to approve the final plats. Please contact me with questions. Si J,,erely, Eric R. Lawrence, AICP Deputy Director ERL/ch cc: Thomas Lawson U:\Eric\Common\subdivisions\Wrights Run .vpd 107 North Kent Street • Winchester, Virginia 22601-5000 A A LAVWSON AND SILEK, P.L.C. Attorneys and Counselors At Law 20 South Cameron Street Post Office Box 2740 Winchester, Virginia 22604 Telephone: (540) 665-0050 Facsimile: (540) 722-4051 A professional limited liability company of professional corporations THOMAS MOORE LAWSON, P.C. JOSEPH F. SILEK, JR., P.C. THOMAS MOORE LAWSON* JOSEPH F. SILEK, JR.+ ANN K. CRENSHAW *also admitted in West Virginia +also admitted in North Carolina Sender's e-mail: tlawson@lsplc.com March 2, 2001 Mr. Kris Tierney, Director of Planning and Development Frederick County Planning and Development 107 North Kent Street Winchester, VA 22601 Jay D. Cook, III, Esquire Frederick County Commonwealth Attorney's Office 107 N. Kent St., Suite 202 Winchester, VA 22601 Re: Wright's Run L.P. Our File No. 364.010 Dear Gentlemen: Front Royal Address: Post Office Box 602 Front Royal, Virginia 22630 Telephone: (540) 635-9415 Facsimile: (540) 635-9421 E-mail: silekj@rma.edu REBECCA G. LAWSON DEBORAH M. CHANDLER ROBERT J. LIGHT Per Kris' request, enclosed is a draft Deed of Dedication for the Wright's Run property. Please review the same and advise me of your comments. Thank you for your continued assistance and cooperation. I look forward to hearing from you shortly. Thomas M ore Lawson RECEIVED MAR 0 2 2001 DEPT, OF PLANNING/DEVELOPMENT Enclosure cc: Wright's Run L.P. CRAFT THIS DEED OF DEDICATION, made and dated this day of March, 2001, by and between WRIGHT'S RUN, L.P., a Virginia limited partnership, party of the first part, hereinafter DECLARANT/GRANTOR, and the COUNTY OF FRED:ERICK, VIRGINIA, party of the second part, hereinafter COUNTY/GRANTEE. WHEREAS, the Declarant is the owner in fee simple of a certain tract or parcel of land lying and being situateC�.in the Shawnee Magisterial District, Frederick County, Virginia, shown on the Final Plat of Wright's Run, L.P., 6.0152 acres dated made by Gilbert W. Clifford & Associates, Inc., which is attached hereto and by reference made a part hereof (hereinafter referred to as the "Plat"); and WHEREAS, the above parcel is a portion of the same property acquired by Declarant by deed dated July 14, 1989, as recorded in the Office of the Clerk of the Circuit Court of Frederick County, Virginia in Deed Book 719 at Page 642; and WHEREAS, the Declarant desires to provide for the extension and improvement of Rainville Road as shown on the attached Plat as "Proposed Rainville Road", 1.2754 acres; and NOW, THEREFORE, THIS DEED OF DEDICATION WITNESSETH: That for and in consideration of the premises and of the aforesaid and the benefits which will accrue by reason of this Dedication, the Declarant does hereby grant, dedicate and convey unto the County of Frederick, Virginia, for public street purposes, the parcels of land containing 1.2754 acres designated as "Proposed Rainville Road", all as more particularly described on the attached Plat. This deed prepared by: LAWSON AND SILEK, P.L.C. 20 S. Cameron St., Suite 301 Winchester, VA 22601 CONSENT/ACCEPTANCE: The Dedication of the land shown on the attached Plat is with the free consent and in accordance with the desire of the undersigned Declarant. The County of Frederick, Virginia, by the signature of its agents on the attached Plat, does accept the dedications to public domain of the land herein described as such. WITNESS the following signature and seal: WRIGHT'S RUN, L.P. a Virginia limited partnership By: Hudson & Associates, Inc., a Virginia corporation, Its General Partner DRAFT By: Allan B. Hudson, President COMMONWEALTH OF VIRGINIA AT LARGE CITY/COUNTY OF . to -wit: (SEAL) The foregoing instrument was acknowledged before me this day of March, 2001, by Allan B. Hudson, who is President of Wright's Run, L.P., a Virginia limited partnership, on behalf of said limited partnership. My commission expires: Notary Public PA Curve Table E: • J CURVE DELTA RADIUS ARC TANGENT CHORD 8EARING 1 90'00'00" 40.00' 62.83' 40.00' 56.57' SOOb5'47"E 2 95'21'43" 40.00' 66,58' 43.93' 59.15' S8713'22"W 3 16'30'03" 600.00' 172.80' 87.00' 172.20' S31'17'29"W WRIGHT'S RUN L.P.'l ` P.I.N. 76-A-53�EX. SAN. SEWER ESM'T DB 719 PG 642 -r DB 909 PG 787 DONALD D. RAINVILLE\ ZONED: M1 USE: VACANT P.I.N. 76-A-53A (12.8542 ACRES REMAINDER) DB 872 PG 1385 ZONED: M1 USE: VACANT 20 S� EASEMENT NOTES: 1. NO TITLE REPORT FURNISHED. EX. 80 POWER ESM'T 2. PROPERTY SUBJECT TO .� DB 213 PG 297 } �' / EASEMENTS OF RECORD DB 213 PG 374 S45'05'47"E 60.00' (OR OTHERWISE). 3. BRL DENOTES BUILDING RESTRICTION LINE. N44 54'13 E 302.89' S44 54' 13'W 50.50' EX. 60' INGRESS -EGRESS ESM'T \ / DB 862 PG 687 S & W, L.L.C. 2 - S423354"W 60,05' P.I.N. 76-A-53E \�. / DB 909 PG 783 N1432'Sa'E 93.93' 3 ' �;y_ \ ZONED. 82 USE: MINI -STORAGE,/ 20 SAN. SEWER EASEMENT e Fs JOHN H. SARGENT, JR. ` 20' WATER EASEMENT��S- \ / P.I.N. 76-A-42 •.,f• '\ / DB 919 PG 715 '� ZONED: RA USE: AGRI. 4.7398 ACKE5', , , �6' WRIGHT'S RUN L.P. ��, s P.I.N. 76-A-53 '� ,� ., j ZONED, B3 `� \/ DB 719 PG 642 ti / USEVACANT ZONED: 82, 133 & M1 '� p`� �S 'pF`'' USE: VACANT (113.3987 ACRES N �ry boo r3�; ..�Pl 20' SAN.tSEWER EASEMENT` REMAINDER) B �� PROPOSED RAINVILLE 9OAD>>, ' 0/ '';. � �1 WRIGHT'S RUN L.P. N6657'33'W 60.00' R-25' 1Z1`54,4CRES 810,1,E i �� P.I.N. 76-A-53 Ik 1, 'yC . " ��`� DB 719 PG 642 F 5 ZONED: 62, B3 & M1 �TEMPOIggRy TURN -AROUND EASEMENT ♦I'6�? USE: VACANT �J\` (113.3987 ACRES N REMAINDER) FINAL PLAT o'1A,1,00R_ WRIGH"r5 RUN L.P.N 6"0152 ACRE5 Shawnee Magisterial District, Frederick County, Virginia DATE: SEPTEMBER XX, 2000 SCALE; 1"=200' FILE#: EASTGATE\IARI,DWGgilbert w. difford do assoclatm Inc.9125 ENGINEERS — LAND PLANNERS — SURVEYORS150-c awe �r�fah ms,2fl0 kO �+ �� SHEET Fnd�►kivp� Vl+pllb 2Z4a1 Wbnl�ftW, Vh*le 220M ( ) era-z11s 0 100 200 400 (W) ee�-213 2 OF 2 EG-kO-S99-Ot'S 'oosse B pJojJ110 •m•2 JSi,=ZO TO TO Jew FINAL PLAT WRIGH'M RUN L.P. N 6.0152 ACKE5 Shawnee Magisterial District J Frederick County, Virginia jy ssc 0,. ° 9 II 9s -p ` r i Vic y !L!p ArF�t;lo 0 4 APPROVED BY Virginia Department of Transportation Date Frederick County Sanitation Authority Date Frederick Co. Subdivision Administrator Date OWNER'S CERTIFICATE The above and foregoing subdivision of the land of WRIGHT'S RUN L.P., as appears in the accompanying plat, is with the free consent and in accordance with the desires of the undersigned owners, proprietors and trustees, if any. Date I NOTARY PUBLIC large, do certify that a Notary Public in and for the State of Virginia, at foregoing Owner's Certificate, have acknowledged the ahmeebeforesmeeinimydstate. Given under my hand this day of , 2000. My commission expires SURVEYOR'S CERTIFICATE I hereby certify that the property contained in this subdivision is a portion of the property that was conveyed to WRIGHT'S RUN L.P. by deed dated July 14, 1989 as recorded in the Office of the Clerk of the Circuit Court of Frederick County, Virginia in Deed Book 719 at Page 642. �,TH OF G �'`_ f P. Duane Brown, L.S. P, DUANE''� BROWN U DATE: SEPTEMSER XX, 2000 COVER SHEET FILE#: EASTGATE\IARI.DWG N0, 1285 gtlberf 1r. dlfford & 0aeoo10tea, Inc. SURVE�e, 16o-C ore. N Rsrta LAND PLANNERS — SURVEYORS SHEET Fre"idab&M VV*10 224M 200 North Ca ww Strrt OF (540) 068-2110 MaKhmtgr• w9tihs 22e01 (540) W7-2130 2 Z'd EGb0-S99-ovs •posse I PJOJJTID •m•2 dSb=ZO TO TO Jew 1 l� APPLICATION AND CHECKLIST SUBDIVISION FREDERICK COUNTY VIRGINIA d0 Date: Application # -—Of Fee Paid3�, Application % Agent: Gilbert W. Clifford & Associates, Inc. Address: c/o Ronald A. Mislowsky 200 N. Cameron Street, Winchester, VA 22601 Phone: (540) 667-2139 Owners name: Wright's Run L.P. Address: 2800 Shirlington Road, Suite 803 Arlington, VA 22206 Phone: 703-820-2500 Please list names of all owners, principals and / or majority stockholders: General Partner, Hudson & Assoc., Inc. Allan Hudson, President Contact Person: Ronald A. Mislowsky Phone: (540) 667-2139 Name of Subdivision: Wrights Run L.P. Number of Lots: 1 Total Acreage: 6.0152 Property Location: East side of Rainville Road 650 feet south of Tasker Road Magisterial District: Shawnee Property Identification Number (PIN): 76-A-53(F) Property zoning and present use: B-3Nacant Adjoining property zoning and use: B-3/Mini-storage Has a Master Development Plan been submitted for this project? Yes X No If yes, has the final MDP been approved by the Board of Supervisors? Yes X No What was the MDP title? Eastgate Does the plat contain any changes from the approved MDP? Yes No X If yes, specify what changes: Minimum Lot Size (smallest lot) 4.74 Number and types of housing units in this development: Number: 4 Types: N/A gilbert w. clifford & associates, inc INCORPORATED 1972 Engineers — Surveyors — Land Planners — Water Quality December 20, 2000 Eric Lawrence Zoning Administrator Frederick County Planning 107 N. Kent Street Winchester, VA 22601 RE: Wright's Run L.P. Dear Eric, Board or Directors; President: Thomas J. O'Toole_. P.E. Vice Presidents: Charles E. Maddox, Jr., P.E. Earl R. Sutherland, P.E. Ronald A. Mislowsky, P.E. David J. Saunders, P.E. Directors: P. Duane Brown, L.S. William L. Wright Michael A. Hammer Thomas W. Price I have attached an application for subdivision of one lot at the Eastgate Commerce Center. Right-of-way for extension of Rainville Road is also dedicated. A site plan for Adelphia Cable has been submitted and is approved but waiting for this subdivision to be recorded. The attached plats have been signed by VDOT and FCSA and we believe are ready for final approval. VDOT will be constructing Rainville Road with industrial access funds. The sewer and water utilities to serve the Adelphia lot are being installed as part of the site plan improvements. Please call if you should have any questions. Regards, gilbert w. clifford & associates, inc. onald A. Mislowsky, P.E., VP DEC 2 12000 DEPT, OFPLANNING/DEVELOPMENT 200 North Cameron Street, Winchester, Virginia 22601 (540) 667-2139 Fax (540) 665-0493 e-mail gwcliff@,mnsinc.com Member American Consulting Engineers Council LAWS®N AND SILEK, P.L.C. Attorneys and Counselors At Law 20 South Cameron Street Post Office Box 2740 Winchester, Virginia 22604 Telephone: (540) 665-0050 Facsimile: (540) 722-4051 A professional limited liability company of professional corporations THOMAS MOORE LAWSON, P.C. JOSEPH F. SILEK, JR., P.C. THOMAS MOORS LAWSON* JOSEPH F. SILEK, JR.+ Sender's e-mail: tlawson@lsple.com ANNK. CRENSHAW *also admitted in West Virginia +also admitted in North Carolina March 19, 2001 Mr. Kris Tierney, Director of Planning and Development Frederick County Planning and Development 107 North Kent Street Winchester, VA 22601 Jay D. Cook, III, Esquire Frederick County Commonwealth Attorney's Office 107 N. Kent St., Suite 202 Winchester, VA 22601 Re: Wright's Run L.P. Our File No. 3 64. 010 Dear Gentlemen: Front Royal Address: Post Office Box 602 Front Royal, Virginia 22630 Telephone: (540) 635-9415 Facsimile: (540) 635-9421 E-mail: silekj@rma.edu REBECCA G. LAWSON DEBORAHM. CHANDLER ROBERT J. LIGHT Enclosed please find a revised Letter of Credit which was approved by First Bank. In order to avoid confusion at file bank as to whether one or two letters of credit are being issued, they asked that the two forms we previously prepared (one for the State and one for the County) be merged into one letter of credit. The language in each has remained unchanged. I am sending this to you out of an overabundance of caution to determine if you have any objection to proceeding in this slightly revised form. Thank you for your continued assistance and cooperation. Very truly yours, Thomas oore Lawson MAR 2 0 2001 DEPT, OF PLANNING/DEVELOPMENT., TML:clw cc: Wright's Run L.P. P%x&A6& OrJWL4.A-A- �C SP-- IRREVOCABLE LETTER OF CREDIT Letter of Credit No.: Issue Date: Expiry Date: Co -Beneficiary: Treasurer, County of Frederick 107 North Kent Street Winchester, VA 22601 Co -Beneficiary: Virginia Department of Transportation 1401 E. Broad Street Richmond, VA 23219 Gentlemen: We hereby issue our Irrevocable Letter of Credit No. in favor of the Department of Transportation for the Commonwealth of Virginia for the account of Frederick County, its agents, successors or assigns and/or the Virginia Department of Transportation for a sum not exceeding U.S. dollars ($ ) available by your sight draft on (bank) and accompanied by documents stated below. A certified statement purportedly signed by either the Virginia Department of Transportation or its representative or Frederick County or its representative that: "The drawing of funds is for the explicit purpose of providing for the completion or maintenance of a required facility or function pursuant to the requirements of Chapter 144, Frederick County Code, subdivision ordinance and pursuant to the agreement of the subdivider, developer, or his agent to comply with said ordinance as a condition of the approval of the road to the satisfaction of the subdivision administrator; we also hereby certify that Frederick County has provided at least thirty (30) days prior written notice to Wright's Run, L.P. of the Virginia Department of Transportation's, or its representative's, intention to send the certified statement(s) to draw upon the letter of credit." This Irrevocable Letter of Credit sets forth in full the terms of our undertaking. This undertaking shall not in any way be modified, amended, or amplified by reference to any document or contract referred to herein except as specified by the terms of this Irrevocable Letter of Credit. We hereby engaged with drawers, endorsers and bona fide holders that all drafts drawn in compliance with the terms of this credit shall be duly honored upon presentation and delivery of the above documents to our office located at address). (bank This Irrevocable Letter of Credit shall remain in full force and effect for a minimum of five (5) years from the date hereof unless released or reduced as provided herein unless at least sixty (60) days prior to such date or dates, we notify the Virginia Department of Transportation in writing by certified mail, or if certified mail is unavailable, then by overnight courier, that we elect not to renew the instrument for such additional period. During the last thirty (30) days while this letter of credit is in force and effect after notice of termination has been given, the Virginia Department of Transportation may draw up to the full amount of the total sum of which is then available by your sight draft drawn on (bank) when accompanied by a 2 certified document purportedly signed by the Virginia Department of Transportation, or its representative stating that: "Frederick County has failed to provide an acceptable substitute irrevocable letter of credit or deposit in escrow, and the drawing will be held by the Virginia Department of Transportation for the sole purpose of providing for the completion and/or maintenance of the road requirements to the satisfaction of the Virginia Department of Transportation or its authorized representative." Unless otherwise expressly stated herein, this credit is subject to the uniform customs and practices for documentary credits (1993 revision), International Chamber of Commerce Publication No. 500. Sincerely, LENDER 3 LAWSON AND SILEK P.L.C. Attorneys and Counselors At Law 20 South Cameron Street Post Office Box 2740 Winchester, Virginia 22604 Telephone: (540) 665-0050 Facsimile: (540) 722-4051 A professional limited liability company of professional corporations THOMAS MOORE LAWSON, P.C. JOSEPH F. SILEK, JR., P.C. THOMAS MOORS LAWSON* JOSEPH F. SILEK, JR.+ Sender's e-mail: tlawson@lsplc.com ANN K. CRENSHAW *also admitted in West Virginia +also admitted in North Carolina April 24, 2001 Mr. Eric R. Lawrence, ACIP Deputy Planning Director COUNTY OF FREDERICK Department of Planning and Development 107 North Kent Street Winchester, VA 22601 Jay D. Cook, III, Esquire Assistant Commonwealth Attorney Frederick County Commonwealth Attorney's Office 107 North Kent Street, Suite 202 Winchester, VA 22601 Re: Wright's Run L.P. Our File No. 3 64. 010 Dear Gentlemen: Front Royal Address: Post Office Box 602 Front Royal, Virginia 22630 Telephone: (540) 635-9415 Facsimile: (540) 635-9421 E-mail: silekj@rma.edu REBECCA G. LAWSON DEBORAH M. CHANDLER ROBERT J. LIGHT Enclosed please find revised Letter of Credit and Deed of Dedication which contains the revisions requested by both of you to each document. Please look at them one last time to confirm their acceptability. As soon as I receive that, I will see that both are put in final and circulated for execution. ,r l APR 2 5 2001 DEPT, OF PLANNING/DEVELOPMENT Mr. Eric R. Lawrence, ACIP Jay D. Cook, III, Esquire Apri124, 2001 Page 2 Thank you for your continued assistance and cooperation. I look forward to hearing from you shortly. Very truly yours, Thomas Moore Lawson TML: clw Enclosures cc: Wright's Run L.P. .4 IRREVOCABLE LETTER OF CREDIT Letter of Credit No.: Issue Date: Expiry Date: Co -Beneficiary: Treasurer, County of Frederick 107 North Kent Street Winchester, VA 22601 Co -Beneficiary: Virginia Department of Transportation 1401 E. Broad Street Richmond, VA 23219 Gentlemen: FIRST BANK at 112 West King Street, Strasburg, Virginia 22657, ABA # hereby issues our Irrevocable Letter of Credit No. in favor of the Department of Transportation for the Commonwealth of Virginia for the account of Frederick County, its agents, successors or assigns and/or the Virginia Department of Transportation for a sum not exceeding U.S. dollars ($ ) available by your sight draft on (bank) and accompanied by documents stated below. . b A certified statement purportedly signed by either the Virginia Department of Transportation or its representative or Frederick County or its representative that: "The drawing of funds is for the explicit purpose of providing for the completion or maintenance of a road designated as Rainville Road which is more explicitly described in a Deed of Dedication which is attached and incorporated (hereinafter "Road") and pursuant to the requirements of Chapter 144, Frederick County Code, subdivision ordinance and pursuant to the agreement of the subdivider, developer, or his agent to comply with said ordinance as a condition of the approval of the Road to the satisfaction of the subdivision administrator; we also hereby certify that Frederick County has provided at least thirty (30) days prior written notice to Wright's Run L.P. of the Virginia Department of Transportation's, or its representative's, intention to send the certified statement(s) to draw upon the letter of credit." This Irrevocable Letter of Credit sets forth in full the terms of our undertaking. This undertaking shall not in any way be modified, amended, or amplified by reference to any document or contract referred to herein except as specified by the terms of this Irrevocable Letter of Credit. We hereby engaged with drawers, endorsers and bona fide holders that all drafts drawn in compliance with the terms of this credit shall be duly honored upon presentation and delivery of the above documents to our office located at 112 West King Street, Strasburg, Virginia 22657. This Irrevocable Letter of Credit shall remain in full force and effect for a minimum of five (5) years from the date hereof and shall be automatically extended for additional terms of six (6) months from present or future expiration dates, unless sixty (60) days prior to such date or dates, the above named bank or financial institution issuing the instrument, notifies Frederick County of the Virginia Department of Transportation in writing by certified mail, that they elect not to renew the instrument for such additional period. During the last thirty (30) days while this letter of credit is in force and effect after notice of termination has been given, the Virginia Department of 2 Transportation or Frederick County may draw up to the full amount of the total sum of which is then available by your sight draft drawn on (bank) when accompanied by a certified document purportedly signed by the Virginia Department of Transportation, or its representative stating that: "Frederick County or Wright's Run L.P. have failed to provide an acceptable substitute irrevocable letter of credit or deposit in escrow, and the drawing will be held by the Virginia Department of Transportation for the sole purpose of providing for the completion and/or maintenance of the road requirements to the satisfaction of the Virginia Department of Transportation or its authorized representative." Unless otherwise expressly stated herein, this credit is subject to the uniform customs and practices for documentary credits (1993 revision), International Chamber of Commerce Publication No. 500. Sincerely, LENDER 3 THIS DEED OF DEDICATION, made and dated this day of April, 2001, by and between WRIGHT'S RUN, L.P., a Virginia limited partnership, party of the first part, hereinafter DECLARANT/GRANTOR, and the COUNTY OF FREDERICK, VIRGINIA, party of the second part, hereinafter COUNTY/GRANTEE. WHEREAS, the Declarant is the owner in fee simple of a certain tract or parcel of land lying and being situate in the Shawnee Magisterial District, Frederick County, Virginia, shown on the Final Plat of Wright's Run, L.P., 6.0152 acres dated made by Gilbert W. Clifford & Associates, Inc., which is attached hereto and by reference made a part hereof (hereinafter referred to as the "Plat"); and WHEREAS, the above parcel is a portion of the same property acquired by Declarant by deed dated July 14, 1989, as recorded in the Office of the Clerk of the Circuit Court of Frederick County, Virginia in Deed Book 719 at Page 642; and WHEREAS, the Declarant desires to provide for the extension and improvement of Rainville Road as shown on the attached Plat as "Proposed Rainville Road", 1.2754 acres; and WHEREAS, this Deed of Dedication being done pursuant to a Resolution In Support passed on the 10`h day of May, 2000 by Frederick County Board of Supervisors which provides for a request by Frederick County to the Commonwealth Transportation Board to provide industrial access road funding for this project and; it is NOW, THEREFORE, THIS DEED OF DEDICATION WITNESSETH: That for and in consideration of the premises and of the aforesaid and the benefits which will accrue by reason of this Dedication, the Declarant does hereby grant, dedicate and convey unto the County of Frederick, Virginia, for public street purposes, the parcels of land containing 1.2754 acres designated as "Proposed Rainville Road", all as more particularly described on the attached Plat. CONSENT/ACCEPTANCE: The Dedication of the land shown on the attached Plat is with the free consent and in accordance with the desire of the undersigned Declarant. The County of Frederick, Virginia, by the signature of its representative hereon and by the signature of its agents on the attached Plat, does accept the dedications to public domain of the land herein described as such. WITNESS the following signature and seal: WRIGHT'S RUN, L.P. a Virginia limited partnership By: Hudson & Associates, Inc., a Virginia corporation, Its General Partner By: (SEAL) Allan B. Hudson, President COUNTY OF FREDERICK By: Its: This deed prepared by: LAWSON AND SILEK, P.L.C. 2 20 S. Cameron St., Suite 301 Winchester, VA 22601 The form of this Deed of Dedication has been approved by the County Attorney. COMMONWEALTH OF VIRGINIA AT LARGE CITY/COUNTY OF , to -wit: The foregoing instrument was acknowledged before me this day of April, 2001, by Allan B. Hudson, who is President of Wright's Run, L.P., a Virginia limited partnership, on behalf of said limited partnership. Notary Public My commission expires: COMMONWEALTH OF VIRGINIA AT LARGE CITY/COUNTY OF , to -wit: The foregoing instrument was acknowledged before me this by , who is the Frederick. Notary Public My commission expires: COMMONWEALTH OF VIRGINIA AT LARGE CITY/COUNTY OF , to -wit: day of April, 2001, of the County of The foregoing instrument was acknowledged before me this day of April, 2001, by , who is the County Attorney for the County of Frederick. Notary Public My commission expires: 3 • BOARD OF SUPERVISORS RESOLUTION OF SUPPORT INDUSTRIAL ACCESS ROAD -BONDED PROJECT EASTGATE INDUSTRIAL PARK WHEREAS, Wright's Run L.P. has acquired property known as the Eastgate Industrial Park, located in the County of Frederick, for the purpose of industrial development; and WHEREAS, this property is expected to be the site of new private capital investment in land, building, and manufacturing equipment which will- provide employment and increased investment; and WHEREAS, the subject properly has no access to a public street orhighway and will require construction of a new roadway to connect with Rainville Road (not presently in state highway system) and then to Tasker Road (State Route 642); and WHEREAS, the County of Frederick hereby guarantees that the necessary right-of-way for this new roadway and utility relocations or adjustments, if necessary, will be provided at no cost to the Virginia Department of Transportation; NOW, THEREFORE, BE IT RESOLVED, the Board of Supervisors for the County of Frederick, Virginia does hereby request that the Commonwealth Transportation Board provide Industrial Access Road funding to provide an adequate road to this property; and BE IT FURTHER RESOLVED, that the Board of Supervisors hereby agrees to provide a surety or other bond, acceptable to and payable to the Virginia Department of Transportation, in the full amount of the cost of the road; this surety shall be exercised by the Department of Transportation in the event that sufficient qualifying capital investment does not occur on parcel 87- 5-17 or the remaining undeveloped lots between parcel 87-5-17 and existing Rainville Road in the Eastgate Industrial Park within five years of the Commonwealth Transportation Board's allocation of funds pursuant to this request; and BE IT FURTHER RESOLVED, that this Resolution of Support is contingent upon Wright's Run L.P. to provide to the County of Frederick satisfactory surety in sufficient amount to cover the construction of the roadway, dedication of required right-of-way for the road's construction; and the movement of any utilities required to construct the road; and Resolution - Eastgate Industrial Park Pane 2 BE IT FURTHER RESOLVED, that the Frederick County Board of Supervisors hereby agrees that the new roadway so constructed will be added to, and become part of, the road system of the County of Frederick Secondary System of Highways.. PASSED this 100 day of May, 2000. Upon motion made by W. Harrington Smith, Jr., and seconded by Sidney A. Reyes, the above resolution was approved by the following recorded vote: Richard C. Shickle Aye Robert M. Sager Abstained Charles W. Orndorff, Sr. Aye Margaret B. Douglas Aye W. Harrington Smith, Jr. Aye Sidney A. Reyes Aye A COPY TESTE: ov-X4�/' Jo . Riley, r Jerk Board of Supervisors County of Frederick, Virginia RESOLUTION NO.: 044-00 cc: Kris Tierney, Planning and Development Director Cheryl B. Shiffler, Finance Director C. William Orndoff, Jr., Treasurer THIS DEED OF DEDICATION, made and dated this day of April, 2001, by and between WRIGHT'S RUN, L.P., a Virginia limited partnership, party of the first part, hereinafter DECLARANT/GRANTOR, and the COUNTY OF FREDERICK, VIRGINIA, party of the second part, hereinafter COUNTY/GRANTEE. WHEREAS, the Declarant is the owner in fee simple of a certain tract or parcel of land lying and being situate in the Shawnee Magisterial District, Frederick County, Virginia, shown on the Final Plat of Wright's Run, L.P., 6.0152 acres dated made by Gilbert W. Clifford & Associates, Inc., which is attached hereto and by reference made a part hereof (hereinafter referred to as the "Plat"); and WHEREAS, the above parcel is a portion of the same property acquired by Declarant by deed dated July 14, 1989, as recorded in the Office of the Clerk of the Circuit Court of Frederick County, Virginia in Deed Book 719 at Page 642; and WHEREAS, the Declarant desires to provide for the extension and improvement of Rainville Road as shown on the attached Plat as "Proposed Rainville Road", 1.2754 acres; and WHEREAS, this Deed of Dedication being done pursuant to a Resolution In Support passed on the 101h day of May, 2000 by Frederick County Board of Supervisors which provides for a request by Frederick County to the Commonwealth Transportation Board to provide industrial access road funding for this project and; it is NOW, THEREFORE, THIS DEED OF DEDICATION WITNESSETH: That for and in consideration of the premises and of the aforesaid and the benefits which will accrue by reason of this Dedication, the Declarant does hereby grant, dedicate and convey unto the County of Frederick, Virginia, for public street purposes, the parcels of land containing 1.2754 acres designated as "Proposed Rainville Road", all as more particularly described on the attached Plat. CONSENT/ACCEPTANCE: The Dedication of the land shown on the attached Plat is with the free consent and in accordance with the desire of the undersigned Declarant. The County of Frederick, Virginia, by the signature of its representative hereon and by the signature of its agents on the attached Plat, does accept the dedications to public domain of the land herein described as such. WITNESS the following signature and seal: WRIGHT'S RUN, L.P. a Virginia limited partnership By: Hudson & Associates, Inc., a Virginia corporation, Its General Partner By: 5�L(SEAL) Allan B. Hudson, President This deed prepared by: LAWSON AND SILEK, P.L.C. 2 20 S. Cameron St., Suite 301 Winchester, VA 22601 COUNTY OF FREDERICK By: Akkk GS,ly lh r� )� , Its: /u,✓!) /ih Cod�«W- l valve,, The form of this Deed of Dedication has bee pproved by the County Attorney. 7 COMMONWEALTH OF VIRGINIA AT LARGE CITY/COUNTY OF , to -wit: The foregoing instrument was acknowledged before me this` �ay of April, 2001, by Allan B. Hudson, who is President of Wright's Run, L.P., a Virginia limited partnership, on behalf of said limited partnership. v n ., 0 My commission expires: COMMONWEALTH OF VIRGINIA AT LARGE CITY/COUNTY OF , to -wit: The foregoing instrument was acknowledged before me this by , who is the Frederick. Notary Public My commission expires: COMMONWEALTH OF VIRGINIA AT LARGE CITY/COUNTY OF , to -wit: 1 was commissioned as _MM&C.Steamft day of April, 2001, . of the County of The foregoing instrument was acknowledged before me this day of April, 2001, by , who is the County Attorney for the County of Frederick. My commission expires: Notary Public C! 01 COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 665-6395 April 2, 2001 Thomas Moore Lawson Lawson and Silek, P.L.C. 20 South Cameron Street Winchester, Virginia 22601 RE: Wright's Run L.P. Rainville Road Irrevocable Letter of Credit Dear Ty: I am in receipt of the revised Letter of Credit referenced above, a copy of which is attached. This document is intended to provide the necessary guarantee associated with an Industrial Road Access Funding request. I would offer the following comments regarding this revised Letter of Credit: It does not appear that the proposed road, `Rainville Road', has been referenced in the revised document. Without the reference to an approved road design plan, or to the approved road name, it is unclear as to what the Letter of Credit covers. The standard language utilized by the County regarding renewal should be considered. Such language is as follows: This Irrevocable Letter of Credit shall remain in full force and effect for a minimum of ...five (5)... years from the date hereof and shall be automatically extended for additional terms of six (6) months from present or future expiration dates, unless sixty (60) days prior to such date or dates, the above named bank or financial institution issuing the instrument, notifies the County in writing by certified mail, that they elect not to renew the instrument for such additional period. Provide a summary at the onset of the Letter of Credit addressing the Amount of the Letter of Credit, Issuing Bank, Bank Address, and ABA Number. you for the opportunity to review the revised Letter of Credit. R. IAwrence, ACIP Planning Director ERL/bah cc: Jay D. Cook, Assistant Commonwealth Attorney Attachment \\SystemMeric's share\Wrights Run.LOC.wpd 107 North Rent Street e Winchester, Virginia 22601-5000 1 � � IRREVOCABLE LETTER OF CREDIT Letter of Credit No.: Issue Date: Expiry Date: Co -Beneficiary: Treasurer, County of Frederick 107 North Kent Street Winchester, VA 22601 Co -Beneficiary: Virginia Department of Transportation 1401 E. Broad Street Richmond, VA 23219 Gentlemen: We hereby issue our Irrevocable Letter of Credit No: in favor of the Department of Transportation for the Commonwealth of Virginia for the account of Frederick County, its agents, successors or assigns and/or the Virginia Department of Transportation for a sum not exceeding U.S. dollars ($ ) available by your sight draft on (bank) and accompanied by documents stated below. 9 A certified statement purportedly signed by either the Virginia Department of Transportation or its representative or Frederick County or its representative that: "The drawing of funds is for the explicit purpose of providing for the completion or maintenance of a required facility or function pursuant to the requirements of Chapter 144, Frederick County Code, subdivision ordinance and pursuant to the agreement of the subdivider, developer, or his agent to comply with said ordinance as a condition of the approval of the road to the satisfaction of the subdivision administrator; we also hereby certify that Frederick County has provided at least thirty (30) days prior written notice to Wright's Run, L.P. of the Virginia Department of Transportation's, or its representative's, intention to send the certified statement(s) to draw upon the letter of credit." This Irrevocable Letter of Credit sets forth in full the terms of our undertaking. This undertaking shall not in any way be modified, amended, or amplified by reference to any document or contract referred to herein except as specified by the terms of this Irrevocable Letter of Credit. We hereby engaged with drawers, endorsers and bona fide holders that all drafts drawn in compliance with the terms of this credit shall be duly honored upon presentation and delivery of the above documents to our office located at address). (bank This Irrevocable Letter of Credit shall remain in full force and effect for a minimum of five (5) years from the date hereof unless released or reduced as provided herein unless at least sixty (60) days prior to such date or dates, we notify the Virginia Department of Transportation in writing by certified mail, or if certified mail is unavailable, then by overnight courier, that we elect not to renew the instrument for such additional period. During the last thirty (30) days while this letter of credit is in force and effect after notice of termination has been given, the Virginia Department of Transportation may draw up to the full amount of the total sum of available by your sight draft drawn on 2 which is then (bank) when accompanied by a certified document purportedly signed by the Virginia Department of Transportation, or its representative stating that: "Frederick County has failed to provide an acceptable substitute irrevocable letter of credit or deposit in escrow, and the drawing will be held by the Virginia Department of Transportation for the sole purpose of providing for the completion and/or maintenance of the road requirements to the satisfaction of the Virginia Department of Transportation or its authorized representative." Unless otherwise expressly stated herein, this credit is subject to the uniform customs and practices for documentary credits (1993 revision), International Chamber of Commerce Publication No. 500. Sincerely, LENDER 3 I0 t0 �3�rV v/ UP07' - is AOPRvvE1� Frm:OVDOT le— A- i -� ( has been in discussion with Ty Lawson regarding the proposed Letter of Credit /• Larry Ambrogi has signed the Deed of Dedication (have notarized) L/ As County representative, the Zoning/Sub Administrator can sign the Deed of Dedication (have Notarized) �V2 Once above is accomplished, sign plats • 1 Notify Ty Lawson (phone) that plats are ready to be picked up gilt 't w. Clifford & assocL Es, inc INCORPORATED 1972 Engineers — Land Planners — Water Quality March 28, 2001 Marcus Lemasters Mapping and Graphics Manager County of Frederick 107 N. Kent Street Winchester, VA 22601 RE: Eastgate Commerce Center Dear Mark. Board of Directors: President: Thomas J. O'Toole. P.E. Vice Presidents: Charles E. Maddox. Jr.. P.E. Earl R. Sutherland. P.E. Ronald A Mislowskv. P.E. David J. Saunders. P.E. Directors: William L. Wright Michael L Hammer Thomas W. l'riLe Wrights Run Limited Partnership would like to change the name of Beechwood Drive to Maranto Manor Drive. Maranto Manor was reserved in September 1998. We would like to reserve Beechwood for future use at Eastgate. Please call with any questions. Regards, gilbert w. Clifford & associates, inc. onald A. Mislo`wsky�_, VP cc: Allan Hudson Eric Lawrence MAR 2 8 2001 71 T. OF PLANNINGIDEVELOPMENT 200 North Cameron Street, Winchester. Virginia 22601 (540) 667-2139 Fax (540) 005-0493 e-mail gwclifTIFr.mnsinc.com Alember: l merican Cunsu/ting Lngineers Council March 20, 2001 Mr. Marcus Lemasters, Mapping & Graphics Manager County of Frederick Department of Planning and Development 107 North Kent Street Winchester, Virginia 22601-5000 Dear Mr. Lemasters: Please change the name of Beechwood Drive to Maranto Manor Drive in the Wrights Run L.P. property (Eastgate Properties). This road will someday connect Rainville Road with U.S. Route 522. Call me if you need any additional information. SincereA�Ithoh Allan Hudson Cc: Eric Lawrence Chuck Maddox Rhonda Sargent RECEIVED MAR 2 12001 DEPT. OF PLANNING/DEVELOPMENT EASTGATE PROPERTIES Eastgate Office & Technological Center • Eastgate Commerce Center • Jouan Global Center • Eastgate Industrial Park 2800 Shirlington Road • Suite 803 • Arlington, VA 22206 • Ph: 703.820.2500 • Fax: 703.820.2504 www.Eastgate-Properties.com Apr-2T-01 12-:48 From -FIRST BANK LOAN DEPT +15404654402 T-923 P.01 F-719 FIRST BANK FMSTBANK The last.BankYOUT Ever Need www;fimffiank va.evm Phone: Fax phone: M. Fax Cover Sheet Date: Niunber of -pages -including -cover -sheet: 4__ From: -Email: Phone,. (540)465-6124 Fax phonc: (540)465-4402 CONFIDENTIALITY NOTL The documents accompanying this telecopy transmission -contain -information from -First Bank which is confidential and/or legally privileged. The information is intended only for the use of the individual or entity named on this transmission sheet. If you are not the intended -recipient, you are hereby notified that -any disclosure, copying, distribution or the taking of any action in reliance on the contents of this telecopied information rtly pro dth shiited and that the documents should -be returned -to this company immediately. -in this regard, if you have telecopy in error, please notify us by telephone immediately so that we can arrange for the return of the original documents to us at no cost to you. Apr-27-01 12:48 From -FIRST BANK LOAN DEPT +15404654402 T-923 P.02/04 F-719 IRREVOCABLE LETTER OF CREDIT Letter of Credit No.: 960 Issue Date: April 26, 2001 Expiry Date: April 26, 2002 Co -Beneficiary: Treasurer, County of Frederick 107 North Kent Street Winchester, VA 22601 Co -Beneficiary: Virginia Department of Transportation 1401 E. Broad Street Richmond, VA 23219 Gentlemen: FIRST BANK at 112 West King Street, Strasburg, Virginia 22657, ABA # 051402589 , hereby issues our Irrevocable Letter of Credit No. 960 in favor of the Department of Transportation for the Commonwealth of Virginia for the account of Frederick County, its agents, successors or assigns and/or the Virginia Department of Transportation for a sum not exceeding U.S. dollars (S228 , 238.6 available by your sight draft on First Bank (bank) and accompanied by documents stated below. A certified statement purportedly signed by either the Virginia Department ofTransportation or its representative or Frederick County or its representative that: "The drawing of funds is for the explicit purpose of providing for the completion or maintenance of a road designated as Rainville Road which is snore explicitly described in a Deed of Dedication which is attached and incorporated Apr-27-01 12:48 From -FIRST BANK LOAN DEPT +15404654402 T-923 P.03/04 F-719 (hereinafter "Road") and pursuant to the requirements of Chapter 144, Frederick County Code, subdivision ordinance and pursuant to the agreement of the subdivider, developer, or his agent to comply with said ordinance as a condition of the approval of the Road to the satisfaction of the subdivision administrator; we also hereby certify that Frederick County has provided at least thirty (30) days prior written notice to Wright's Run L.P. of the Virginia Department of Transportation's, or its representative's, intention to send the certified statement(s) to draw upon the letter of credit." This Irrevocable Letter of Credit sets forth in full the terms of our undertaking. This undertaking shall not in any way be modified, amended, or amplifiedby reference to any document or contract referred to herein except as specified by the terms of this Irrevocable Letter of Credit. We hereby engaged with drawers, endorsers and bona fide holders that all drafts drawn in compliance with the terms of this credit shall be duly -honored upon presentation and delivery of the above documents to our office located at 112 West King Street, Strasburg, Virginia 22657. This Irrevocable Letter of Credit shall remain in Rill force and effect for a minimum of five (5) years from the date hereof and shall be automatically extended for additional terms of six (6) months from present or future expiration dates, unless sixty (60) days priorto such date or dates, the above named bank or financial institution issuing the instrument, notifies -Frederick County or the Virginia Department of Transportation in writing by certified mail, that they elect not to renew the instmment for such additional period. During the last thirty (30) days while this letter of credit is in force and effect after notice of termination has been given, -the Virginia Department of N Apr-27-01 12:48 From -FIRST BANK LOAN DEPT +15404654402 T-923 P.04/04 F-719 l Transportation or Frederick County may draw up to the full amount of the total sum of $228, 236.62 Which is then available by your sight draft, drawn on r.; Ter Rank (b) when accompanied by a certified document purportedly signed by the Virginia Department of Transportation, or its representative stating that: "Frederick County or Wright's Run L.P. have failed to provide an acceptable substitute irrevocable letter of credit or deposit in escrow, and the drawing will be held by the Virginia Department of Transportation for the sole purpose of providing for the completion and/or maintenance of the road requirements to the satisfaction of the Virginia Department of Transportation or its authorized representative." Unless otherwise expressly stated herein, this credit is subject to the uniform customs and practices for documentary credits (1993 revision), International Chamber of Commerce Publication No. 500. Sincerely, ,�A ce P tR o e t , �n_ tisT Sr^A-- LENDER 3 LAWS®N AND SILEK, P.L.C. Attorneys and Counselors At Law 20 South Cameron Street Post Office Box 2740 Winchester, Virginia 22604 Telephone: (540) 665-0050 Facsimile: (540) 722-4051 A professional limited liability company of professional corporations THOMAS MOORE LAWSON, P.C. JOSEPH F. SILEK, JR., P.C. THOMAS MOORS LAWSON* JOSEPH F. SILEK, JR.+ ANN K. CRENSHAW *also admitted in West Virginia +also admitted in North Carolina Sender's e-mail: tlawson@lsplc.com April 26, 2001 Mr. Eric R. Lawrence, AC1P Deputy Planning Director COUNTY OF FREDERICK Department of Planning and Development 107 North Kent Street Winchester, VA 22601 Re: VIA HAND DELIVERY Dear Eric: Wright's Run L.P. Our File No. 364.010 Front Royal Address: Post Office Box 602 Front Royal, Virginia 22630 Telephone: (540) 635-9415 Facsimile: (540) 635-9421 E-mail: silekj@rma.edu REBECCA G. LAWSON DEBORAH M. CHANDLER ROBERT J. LIGHT Enclosed is an original Deed of Dedication which has been executed on behalf of Wright's Run L.P.. I assume because I have not heard from you that the format is acceptable. Please secure the signatures of John Riley and Larry Ambrogi and then give me a call so I may put this to record along with the original plats which you are holding. Thank you for your continued assistance and cooperation. I look forward to hearing from you shortly. As you know, this needs to go to record today so that it can be hand carried to VDOT this evening or first thing tomorrow morning. Very t urs, Tho l as oore Lawson TML:clw Enclosure cc: Wright's Run L.P. APR Z 6 2.001 DEPT. OF PLANNING/DEVELOPMENT April 26, 2001 RE: Wright's Run LP via LAWSON and SILEK, P.L.C. Larry - Attached is the original Deed of Dedication for the proposed Rainville Road. This dedication is part of the process required to obtain state funded Industrial Access Funding to assist in the construction the road. The applicant's representative, Ty Lawson, has been handling this process and working with Jay Cook, so Jay may be able to answer any questions. I too am available should you have any questions. sign the Deed of Dedication and return it to me so that I may execute the subdivision in the creation of the proposed road. Thanks. C Eric Lawrence Planning April 26, 2001 RE: Wright's Run LP via LAWSON and SILEK, P.L.C. Larry - Attached is the original Deed of Dedication for the proposed Rainville Road. This dedication is part of the process required to obtain state funded Industrial Access Funding to assist in the construction the road. The applicant's representative, Ty Lawson, has been handling this process and working with Jay Cook, so Jay may be able to answer any questions. I too am available should you have any questions. Please sign the Deed of Dedication and return it to me so that I may execute the subdivision invo ed in the creation of the proposed road. Thanks. C Eric Lawrence Planning LAWSON AND SILEK, P.L.C. Attorneys and Counselors At Law 20 South Cameron Street Post Office Box 2740 Winchester, Virginia 22604 Telephone: (540) 665-0050 Facsimile: (540) 722-4051 A professional limited liability company of professional corporations THOMAS MOORE LAWSON, P.C. 30SEPH F. SILEK, JR., P.C. THOMAS MOORE LAWSON* JOSEPH F. SILEK, JR.+ ANNK CRENSHAW *also admitted in West Virginia +also admitted in North Carolina Sender's e-mail: tlawson@lsplc.com April 26, 2001 Mr. Eric R. Lawrence, ACIP Deputy Planning Director COUNTY OF FREDERICK Department of Planning and Development 107 North Kent Street Winchester, VA 22601 Re: VIA HAND DELIVERY Dear Eric: Wright's Run L.P. Our File No. 3 64. 010 Front Royal Address: Post Office Box 602 Front Royal, Virginia 22630 Telephone: (540) 635-9415 Facsimile: (540) 635-9421 E-mail: silekj@rma.edu REBECCA G. LAWSON DEBORAH M. CHANDLER ROBERT J. LIGHT Enclosed is an original Deed of Dedication which has been executed on behalf of Wright's Run L.P.. I assume because I have not heard from you that the format is acceptable. Please secure the signatures of John Riley and Larry Ambrogi and then give me a call so I may put this to record along with the original plats which you are holding. Thank you for your continued assistance and cooperation. I look forward to hearing from you shortly. As you know, this needs to go to record today so that it can be hand carried to VDOT this evening or first thing tomorrow morning. Very urs, Tho • as oore Lawson TML:clw Enclosure cc: Wright's Run L.P. RECEI1V LD APR Z b Z001 DEPT, OF PLANNINGIDEVELOPMENT IRREVOCABLE LETTER OF CREDIT Letter of Credit No.: Issue Date: Expiry Date: Co -Beneficiary: Treasurer, County of Frederick 107 North Kent Street Winchester, VA 22601 Co -Beneficiary: Virginia Department of Transportation 1401 E. Broad Street Richmond, VA 23219 Gentlemen: /AMouNT,' 1Ira Su„oe, T3AAK A�'D1,, ILE SS A'1A N0: We hereby issue our Irrevocable Letter of Credit No. in favor of the Department of Transportation for the Commonwealth of Virginia for the account of Frederick e County, its agents, successors or assigns and/or the Virginia Department of Transportation for a sum not exceeding U.S. dollars ($ ) available by your sight draft on (bank) and accompanied by documents stated below. S;TAT f Mt-u r � Ctn�ss� n7ir �anAc-a�a��f/ 0 A certified statement purportedly signed by either the Virginia Department of Transportation or its representative or Frederick County or its representative that: "The drawing of funds is for the explicit purpose of providing for the completion or maintenance of a required facility or function pursuant to the requirements of Chapter 144, Frederick County Code, subdivision ordinance and pursuant to the agreement of the subdivider, developer, or his agent to comply with said ordinance I o, IRREVOCABLE LETTER OF CREDIT BANK AGREEMENT BENEFICIARY: PERMITTEE: Treasurer, County of Frederick 107 N. Kent Street Winchester, VA 22601 DATE OF ISSUE: EXPIRATION DATE: ISSUING BANK ABA NO.: AMOUNT: ISSUING BANK: ADDRESS: We hereby issue our Irrevocable Letter of Credit No. in favor of the Treasurer, County of Frederick, Virginia, for the account of , its agents, successors or assigns for a sum not exceeding U.S. dollars ($ ) available by your sight draft on the above stated Issuing Bank and accompanied by documents stated below: A certified statement signed by the Zoning/Subdivision Administrator or an authorized representa- tive, stating that has not satisfactorily completed the construction of, and/or satisfactorily maintained, all physical improvements that includes, but is not limited to, streets, curbing, gutter, sidewalks, above ground facilities, underground utilities and facilities, recreational facilities, drainage systems, designated open space and other required improvements located in or on the approved subdivision or site plan. A statement signed by the Zoning/Subdivision Administrator or his representative that: "The drawing is for the explicit purpose of providing for the completion or maintenance of a required facility or function pursuant to the requirements of Chapter 144, Subdivision Ordinance, and/or Chapter 165, Zoning Ordinance, of the Frederick County Code and pursuant to the agreement of the Subdivider, Developer, or his agent to comply with said ordinance as a condition of the approval of the subdivision or site plan to the satisfaction of the Zoning/Subdivision Administrator." We hereby engage with drawers, endorsees and bona fide holders that all drafts drawn in compliance with the terms of this credit shall be duly honored upon presentation and delivery of the above documents. This Irrevocable Letter of Credit shall remain in full force and effect for a minimum of one (1) year from the date hereof and shall be automatically extended for additional terms of six (6) months from the present or future expiration dates, unless sixty (60) days prior to such date or dates, the above named bank or financial institution issuing the instrument, notifies the County in writing by certified mail, that they elect not to renew the instrument for such additional period. During the last thirty (30) days while this Letter of Credit is in force and effect after notice of termination has been given, the County may draw up to the full amount of the sum when accompanied by a document stating that has failed to provide an acceptable substitute Irrevocable Letter of Credit or deposit in escrow, and a document stating that "The drawing will be held by the County for the sole purpose of providing for the completion and/or. maintenance of the site plan and/or subdivision requirements to the satisfaction of the Zoning/Subdivision Administrator or his authorized representative." This credit shall be terminated upon the Zoning/Subdivision Administrator or his authorized representative giving written release to (Permittee or Developer) stating that they have satisfactorily performed and fulfilled the obligations and requirements of the subject site plan or subdivision. Attest: Authorized Signature Typed or Printed Name Title File: OALANDUS--1\APPLIC— 1 \CREDIT. 2LT V. t W(11 �cti (Q 4q� H ?° eb.�, j - M PAS V Ar`T u1 tL bA-40 AI /pLA/T�f��r y A`( Ptm '*RA)N✓ILtt ReAD as a condition of the approval of the road to the satisfaction of the subdivision administrator; we also hereby certify that Frederick County has provided at least thirty (30) days prior written notice to Wright's Run, L.P. of the Virginia Department of Transportation's, or its representative's, intention to send the certified statement(s) to draw upon the letter of credit." This Irrevocable Letter of Credit sets forth in full the terms of our undertaking. This undertaking shall not in any way be modified, amended, or amplified by reference to any document or contract referred to herein except as specified by the terms of this Irrevocable Letter of Credit. We hereby engaged with drawers, endorsers and bona fide holders that all drafts drawn in compliance with the terms of this credit shall be duly honored upon presentation and delivery of the above documents to our office located at address). �� This Irrevocable Letter of Credit shall remain in full force and effect for a minimum of five (5) years from the date hereof unless released or reduced as provided herein unless at least sixty (60) days prior to such date or dates, we notify the Virginia Department of Transportation in writing by certified mail, or if certified mail is unavailable, then by overnight courier, that we elect not to renew the instrument for such additional period. During the last thirty (30) days while this letter of credit is in force and effect after notice of termination has been given, the Virginia Department of Transportation may draw up to the full amount of the total sum of available by your sight draft drawn on K which is then (bank) when accompanied by a certified document purportedly signed by the Virginia Department of Transportation, or its representative stating that: "Frederick County has failed to provide an acceptable substitute irrevocable letter of credit or deposit in escrow, and the drawing will be held by the Virginia Department of Transportation for the sole purpose of providing for the completion and/or maintenance of the road requirements to the satisfaction of the Virginia Department of Transportation or its authorized representative." Unless otherwise expressly stated herein, this credit is subject to the uniform customs and practices for documentary credits (1993 revision), International Chamber of Commerce Publication No. 500. Sincerely, LENDER 3 s li< 6 ,wIS1111►j1 To: Mr. Kris Tierney Mr. Eric R. Lawrence From: Thomas Moore Lawson, Esquire Date: May 1, 2001 Re: Wright's Run L.P. Our File No. 364.010 Enclosed is a copy of the executed Deed of Dedication between Wright's Run L.P. and Frederick County for your files. Thank you for your assistance and cooperation in this matter. F. COMMONWEALTH OF VIRGINIA Iwo FFICIAL RECEIPT FREDEFICK CIRCUIT CQURT I I DEED RECEIPT DATE: 04/27/01 i CASHIER: PVL `! TIME:16.43:45 ACCOUNT: 069CLR1�lUOU4B17 RECEIPT: 41000007426 RES: WN17 TYPE: DOD PAYMENT: FULL PAYMENT I I IN5TRUMENT 010004817 BOOK: PAGE: RECORDED: 04/27/01 GRANTOR: WRIGHTS RUN LP AT 16:43 EX: N LOC: GRANTEE: COUNTY OF FREDERICK VIRGINIA EX; N PCT: CO 100% I AND A➢DRz S : Ip RECEIVEDt7 THOMAS MOORE LAWSQN PC DATE OF DEED: 04j27/01 ! i (QF I CHECK. : I DESCRIPTION 1: f19.(10 SH DIET PAGES: 7 ! l L 4 2. CONSIDERATION: � 6.0152 ACRES , = NAMES: .'�f A5SL)±1c/VAL: ±}tI MAP. 0 i CODE DESCRIPTION PAID CODE DESCRIPTION 301 DEEDS PAID 106 TE-z'0' 26Y 15.00 145 VSLF FUND FEE 3 0 j 3 =00 TENDERED +0,0ri A -FOUNT PAID: 14.±7(i CkANSE AMT : ,00 I o vEERK Or :.OJT: REBECCA P. H"uGAN ` I r I R d fn I I MIS (300) I I 01 04817 4 THIS DEED OF DEDICATION, made and dated this �1 day of April, 2001, by and between WRIGHT'S RUN, L.P., a Virginia limited partnership, party of the first part, hereinafter DECLARANT/GRANTOR, and the COUNTY OF FREDERICK VIRGINIA, party of the second part, hereinafter COUNTY/GRANTEE. WHEREAS, the Declarant is the owner in fee simple of a certain tract or parcel of land lying and being situate in the Shawnee Magisterial District, Frederick County, Virginia, shown on the Final Plat of Wright's Run, L.P., 6.0152 acres dated ,Uecein be r 1,9 , C9000 made by Gilbert W. Clifford & Associates, Inc., which is attached hereto and by reference made a part hereof (hereinafter referred to as the "Plat"); and WHEREAS, the above parcel is a portion of the same property acquired by Declarant by deed dated July 14, 1989, as recorded in the Office of the Clerk of the Circuit Court of Frederick County, Virginia in Deed Book 719 at Page 642; and WHEREAS, the Declarant desires to provide for the extension and improvement of Rainville Road as shown on the attached Plat as "Proposed Rainville Road", 1.2754 acres; and WHEREAS, this Deed of Dedication being done pursuant to a Resolution In Support passed on the 10`h day of May, 2000 by Frederick County Board of Supervisors which provides for a request by Frederick County to the Commonwealth Transportation Board to provide industrial access road funding for this project and; it is co cn W NOW, THEREFORE, THIS DEED OF DEDICATION WITNESSETH: That for and in consideration of the premises and of the aforesaid and the benefits which will accrue by reason of this Dedication, the Declarant does hereby grant, dedicate and convey unto the County of Frederick, Virginia, for public street purposes, the parcels of land containing 1.2754 acres designated as "Proposed Rainville Road", all as more particularly described on the attached Plat. CONSENUACCEPTANCE: The Dedication of the land shown on the attached Plat is with the free consent and in accordance with the desire of the undersigned Declarant. The County of Frederick, Virginia, by the signature of its representative hereon and by the signature of its agents on the attached Plat, does accept the dedications to public domain of the land herein described as such. WITNESS the following signature and seal: WRIGHT'S RUN, L.P. a Virginia limited partnership By: Hudson & Associates, Inc., a Virginia corporation, Its General Partner By: (SEAL) Allan B4Huds"on,Prelident This deed prepared by: LAWSON AND SILEK, P.L.C. 20 S. Cameron St., Suite 301 Winchester, VA 22601 COUNTY OF FRREDD}ERICK By: l , ll Its: ZavurtE(f�uh iV,S�'ri� 'n,s7ic op The form of this Deed of Dedication has bee ppro-ved by the County Attorney. COMMONWEALTH OF VIRGI IA AT LARGE CD CA) .I:- CITY/COUNTY OF to -wit: The foregoing instrument was acknowledged before me thi$l_,�*ay of April, 2001, by Allan B. Hudson, who is President of Wright's Run, L.P., a Virginia limited partnership, on behalf of said limited partnership. _ �vot y-ruou� 1 NS MfIlISSl0ilad as My commission expires: / - C• swmft COMMONWEALTH OF GD41A AT -LARGE 414�/COUNTY OF to -wit: by PzThe fore oing instrument was acknowledged before me this day of April, 2001, re ( i/eyl, r ,who is e 70ri i nQs; c of the County of Frederick. J Ck0L_rM((X_i SAya f 0r- Notary Public My commission expires: COMMONWEALTH O VIIZGINIA AT LARGE C-DDUCOUNTY OF to -wit: The forego7�,�'ho ' was acknowledged before me this day ofApril, 2001, by Z is the C ty Attorney for the County of Frederick. 2 Notary Public My commission expires: c 3 FINAL PLAT cr WRIGHr5 RUN L.P. N 6.0152 ACRE5 Shawnee Magisterial District Frederick County, Virginia Lac .100 i `,>� �` , I `. �. �. • ;�J1, . 3 viciniYap - : 0 �' •k APPROVES BY Virginia Department of Transportation Frederick County Sanitation Authority Data��epo Frederick Co. Subdivision Administrato _ Date : 7 OWNER'S CERTIFICATE The above and foregoing subdivision of the land of WRIGHT'S RUN L.P-. as appears in the accompanying plat, is with the free consent and in accordance with the desires of the undersigned owners, proprietors and trustees if any. . Cs_ ` ^ �' Date I11 NOTARY PUBLIC; large, Ido certify that , a otary Public in and for the State of Virginia, a. , whose names are signedt.o i.he foregoing Owner's Certificate, have acknowledged the same before me in my state. Given under my hand tXi -� da of C 1 �+ 2000. My commission expires l ! ;�C3, SLT-11EYOR'S CERTIFICATE I hereby certify that the property contained in this subdivision is a portion of the property that was conveyed to WRIGHT'S RUN L.P. by deed dated July 14, 1989 as recorded in the Office of the Clerk of the Circuit Court of Frederick County, i'i1 gillia in Deed Book 719 at Page 642. �TH Ofi ` P. Duane Brown, L.S. P. DUANE n BROW �9 +�Juct...�-a-tows✓ DATE. DECCM3ER 12, 2000 COVER ShICCT F1LCJ: EASTGATE\{ARi.OV:G N0. 1285 gflbert w. difford do assoclates• k1c Dee. �� ZooO SH EE 1 <-qlvo ENGINE RS — LAND PLANNERS — SURVEYORS SURlit:4 150-C OWO Qvwrwloh DO" 200 Bath CQnron St "I OF Frndridm rg, Vk*lc 22401 Wkw, wir, VFpk+ia 228M (o") av5-2118 (W) 567-2130 3 Curve Ta bl e CURVE DELTAd1f ARC 1 90'00'0062.83' 2 95 21'4366.58' 3 16'30'03172.80' WRIGHT'S RUN L.P. , P.I.N. 76-A-53 DB 719 PG 642 DONALD D. RAINVILLE\ ZONED: M1 USE.- VACANT P.I.N. 76-A-53A (12.8542 ACRES REMAINDER) DB 872 PG 1385 ZONED: M1 USE: VACANT 11 20' sAN. SEWER EAMENT \ - EX. 80' POWER ESM'T --�-- ' DB 213 PG 297 -DB 213 PG 374 N447503"E 302.89'EX ,f 1 ' INGRESS -EGRESS ESM'T 1. 2 DB 862 PG 687 TANGENT CHORD 40.00' 56.57' 43.93' 59.15' 87.00' 172.20' BEARING S00b " S87i3'22"W S311 27 9 W EX. SAN. SEWER ESM'T DB 909 PG 787 NOTES: 1. NO TITLE REPORT FURNISHED. r 2. PROPERTY SUBJECT TO EASEMENTS OF RECORD (OR OTHERWISE). %S45V5'477E 60,00' 3. BRL DENOTES BUILDING RESTRICTION LINE. 4. SEE SHFFT 3 OF .3 FOR EASEMENT LOCATIONS. *--S44*54'13'W 50.50' S & W I_.I_.C. \ \ S42*33"54'W 60.05'76-A-53E DB 909 PG 783 ' / NI4' GE F 93.93' 3 `: ? \ ZONED: 83 USE: MINI -STORAGE/ � 15' DRAINAGE EASEMENT '� `�` -� 20' SAN. SEWER EASEMENT ,` 35' RRI'" \ 7, / JOHN H. SARGENT, JR.-✓�� cos, `\ / P.I.N. 76-A-42 7, 161.29' 20 ZONED: RA USE: AGRI. o� DRAINAGE �o WRICHT'S RUN LP. ��, �� ;' <- 4.7396 ACRES \/ P.I.N. 76-A-53 P.lA 76-A-53F \.._ DR 719 PG 642 ti '� it ZANED:133 �S= ZONED: 82, 83 do M1 -VACANT USE: VACANT �� '`� ° (113.3987 ACRES 20' SAN SEWR EASEMENT /L REMAINDER ~' 30' DRAINAGE EASEMENT . 4- 20' WA TER EMT � PROP05M "NYILLE ROADS� S44 54'13'W 293.01 60' 12754ACRFa >>" ';�`�,' _� WRIGHT'S RUN L.P. N66'57'33"W 60.00', R-50' ��j ;' 1 , 6 -A - 53 !� DB 719 PG 642 ZONED: 82, 83 & M1 TEMPORARY TURN -AROUND EASEMENT 30 :� USE: VACANT —R=50. (113.3987 ACRFS - REMAINDER) FINAL PLAT r H °FWRIGHT'5 RUN L.R. N C.0152 ACRE5 ,,,Shawnee Magisterial District, Frederick County, Virginia DUANE BROW/_ N DATE: DECEMBER 12, 2000 SCALE: 1"=200' FTLEf EASTGATE\IARI.DWG SNEERS w. difford do aasoctotes, Inc,9125 LAND PLANNERS - SURVEYORS N0. 1285 QJq DeC. /z,2o00 15 -C 06de Gre""*.A N� Qa north ca,►.oa Strr�t SHEET �-1A R 10 4o' �(,VIris725' 2�w's a l00 2a�oo SURvE OF 3 15' DRAINAGE EASEMENT (TM) 8 r M \::::::::::::.::.. w�ja;,tiyt 20' WATER EASEMENT K A ?Y. 20' DRAINAGE EASEMENT A-8 N23'0227"E 127.15' .� . A-C S5158'18'E 62.30' E D-E N23OZ'27"E 50.77' E-F S665733 E 90.93' f A, G-H ARC =135.66' H-I S65*2214,E 10.44 F I-J S5158'l81E 146.56' K-L N5158'18"W 81.13' L-M S23i7227"W f8.67' "' ' W-N N665733'W 72.18' � TH of FINAL PLAT G WRIGHr5 RUN L.F. N 6.0152 A("F\E5 f P. DUANE Shawnee Magisterial District, Frederick County, Virginia UO� n BROWN DATE: DECEMBER 12, 2000 SCALE: 1"=60' FILE#: EASTGATE\IAR1.DWG 11bert M, difford do CUOo ctea, Inc. - N0. 12815 - LAND PLANNERS - SURVEYORS 9125 Ode. At 2000 16o-C ask A wn�ic�r, tki i 2W Mddh Sv..t i►v. Vr"10 224otWbdnlwtw."Ic SHEET <�� SURVE�09- �) a98-2113 p .30 60 72 W) 647-� 3 OF 3 VIRGINIA: FREDERICK COUNTY, SCT. This instrument Of writing was Produced to me on �at with Z,,erff-flfoca`te��nowledgement thereto annexed :vas �admitted to record. Tax imposed by Sec. 58.1-802 of and 58.1-801 have been paid, if assessable ''� , Clerk Subdivision Checklist 1. Comment sheets from the following agencies, along with any marked copies of the plan: (Comment sheets not required if approved tLIDP is associated with this subdivision.) l),rgl ol Application received. 00 Fee paid (amount: $ of ) Information entered in d-BASE and Reference Manual File given to Renee' to add to Application Action Summary Zc P j Plat(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 t l i o s Updated d-BASE and Reference Manual i' / - 0 S a"1 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 `,Cperauons NanuaAsubdini r ak Revised: I OG198 Received From a _ n Address'�Q u, Fo Ile z o • �U Z W AMT. OF � ACCOUNT r-,. - � "f( WAMT. PAID BALANCE DUE LL ►�lli�iiPii � o ONEM WE .►I ._ a It a '�� HOW ®mm PAID : 1 .�. M-to" �m■ 2058 I. SUBDIVISION #03-01 WRIGHT'S RUN Shawnee ,��'A V; (Lot Y� ( �