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Final Plats Phase 6A-3H2 � LAND COMPANY November 8, 2024 Mark Cheran Frederick County Department of Planning & Development 107 N. Kent Street Suite 202 Winchester, Virginia 22601 Re: Lake Frederick — Phase 6A-3 Record Plat Submission Dear Mark, Enclosed is a plat submission package for the above referenced phase. The bond amount has already been reviewed and approved by Public Works and review fee was previously paid for that. The following items are enclosed for your review and execution: • Fee check of $800 • Copy of executed deed • Three sets of originals of plat • Bond and bond agreement originals Please let me know if you have any comments or when I can pick up the executed plat originals. Thank you very much for your help on this. Sincerely, RECENED Michael B. Hummel AN g N25 President FREDERIC KCOU TY ?IT g+. NNNING AND 204 WIRT STREET, SW SUITE 101 LEESBURG, VIRGINIA 20175 (703) 667-4590 Document Approval Form PLEASE REVIEW THE ATTACHED DOCUMENT. IF THIS DOCUMENT MEETS YOUR APPROVAL, PLEASE INITIAL AND PROVIDE THE DATE AND TIME OF YOUR APPROVAL. IF THIS DOCUMENT DOES NOT MEET YOUR APPROVAL PLEASE PROVIDE COMMENTS AS TO WHAT YOU WOULD LIKE TO HAVE COMPLETED. Initials Date & Time Qar7k) j Amy Tyler John Wyatt Kayla Bryton _ COMMENTS: GktOL ZL-I - OD C!Qgp. JA N 8 2025 FREDERICI; COUNTY AIND Received by Clerical Staff (Date & Time): Z ,r "i DO.Ut LE CHURC i RD: •' 'RT 41,' F3f/R }' -Tip/ � • HUD$ON y N i 14OLLOjY R RI AT AAAAA 4 7. r5. o RA HE y- \ a ARSON 'cd LA E Y•. �'_' ul 'FREDERI DR VICINITY MAP SCALE: 1" = 4,000' APPROVED BY: v DATE/W'* S FREDERICK COUNTY SUBDIVISION NIS: A FREDERICK WATER DATE f O/ W2.0'- i SURVEYOR'S CERTIFICATE I, PAUL SWARTZ. A DULY LICENSED LAND SURVEYOR IN THE COMMONWEALTH OF VIRGINIA, HEREBY CERTIFY, TO THE BEST OF MY KNOWLEDGE AND BELIEF, THAT THE PROPERTY CONTAINED IN THIS SUBDIVISION IS A PORTION OF THE SAME PROPERTY CONVEYED TO SHEA HOMES LIMITED PARTNERSHIP BY DEED RECORDED IN INSTRUMENT 24Oe"'4"OiAND WAS LAST MODIFIED BY INSTRUMENT (6A-2) AMONG THE LAND RECORDS OF FREDERICK COUNTY, VIRGINIA. FINAL PLAT LAKE F IMERICK PHASE 6A, SECTION 3 OPEQUON MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA 6742-A-RP-M DWG: R\6742 - Shenandoah - Frederick County, VA\6742-01-001 (SUR) - Lake Frederick\Suety\Plats\6742-A-RP-OSI.Atg DATE: FEBRUARY 22, 2024 Bowman- REVISION CI,TH 0 N S U L T I N G o� U 9 Bt ww OwwJft Grail Ud Plim M) 443-24DD PAU RTZ tot ftm west BE Fw (M 443✓M Lic. No. 002701 lumina Vk* k 2006 wwb0wrrlkoaruYlp= SUR`1 BCG PROJECT NO: 6742-11-001 TASK: SXOOt I SHEET 1 OF 6 BY: SKS COUNTY REF NO. SCALE: NONE CHK: OWNER'S CONSENT: THE ABOVE AND FOREGOING SUBDIVISION OF THE PROPERTY OF SHEA HOMES LIMITED PARTNERSHIP AS APPEARS ON THE ACCOMPANYING PLATS, IS WITH THE FREE CONSENT AND IN ACCORDANCE WITH THE DESIRES OF THE UNDERSIGNED OWNERS, PROPRIETOR AND TRUSTEES, IF ANY. SHEA ES LIMITED PARTNERSHIP, a Calif mla Limited Partnership agWnanm ��q 4 �'• •NOT Nil j BY: DATE s 3'• PUBLIC £ M.3174 _ �_ 7L Nome: .Ikjbw (� Gfk: MY SO : Title: - a'%;'• d@1/app7 \ a �ry�AITH NOTARY PUB I✓.IC Of`rQ� 4"'�mam"11 STATE OF-GM4FBRW .PC COUNTY OFA3 FREDE¢= 7-3l-24 T �S�yF THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE ME ON BY sav Amu bnA LER MY COMMISSION EXPIRES NOTARY PUBLIC DATE OWNER'S CONSENT: THE ABOVE AND FOREGOING SUBDIVISION OF THE PROPERTY OF SHEA HOMES LIMITED PARTNERSHIP AS APPEARS ON THE ACCOMPANYING PLATS, IS WITH THE FREE CONSENT AND IN ACCORDANCE WITH THE DESIRES OF THE UNDERSIGNED OWNERS, PROPRIETOR AND TRUSTEES, IF ANY.ullnammeay ` SHEA E TED PARTNERSHIP, o Coldomio Limited Partnership N •IE,C �r�+ PUBLIC M1 •�_ Name: , j Title- gip NOTARY PUBF o��y+^ ��ngq„TM 110"o STATE BF-BAtIFBRN)Ik iRbZuzA COUNTY OF heS *N@Etf3 i7CEDERICK THE INSTRUMENT WAS ACKNOWLEDGED BEFORE ME ON"31'24 �1 BY tXUEAlTSA/ ROVER , ^/FOREGOING MM (HASLER MY COMMISSION EXPIRES NOTARYyPUBUC DATE FINAL PLAT LAKE FMEMCK PHASE 6A, SECTION 3 OPEQUON MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA DWG: P.\6742 - Sh—dmh - Frederick County, VA\6742-01-001 (SUR) - Lake REVISION Bon C O N S U L T I N 6 Bowmen ealwlft Grail Ud Fla 1s pal) 40-2" a 8011 MOM 8E Fa Vw) 4WM a em meweAvaiviowd BCG PROJECT NO: 6742-11-001 TASK: SX001 SHEET 2 OF 6 BY: SKS COUNTY REF NO: SCALE: NONE CHK: 6742-A-RP-M DATE: FEBRUARY 22, 2024 OF Lie. No. 0027( l�� SiJRv�� NOTES: 1. FREDERICK COUNTY PIN: 87-A-103F: ZONED R5, 2. THE HORIZONTAL DATUM WAS ESTABLISHED BY STATIC GPS CONTROL METHODS. THE HORIZONTAL DATUM IS REFERENCED TO SPC 83-MRGINIA (NORTH), GEOID g2009uO8 AND IS REFERENCED IN U.S. SURVEY FEET. 3. THIS PLAT WAS PREPARED WITHOUT BENEFIT OF A TITLE REPORT. 4. PERMANENT MONUMENTATION WALL BE SET AT ALL LOT CORNERS IN COMPLIANCE WITH COMMONWEALTH OF VIRGINIA AND FREDERICK COUNTY REGULATIONS. 5. ALL PRIVATE STREETS DEDICATED HEREON ARE ENCOMPASSED WITHIN PARCEL V. PARCEL V IS SUBJECT TO AN INGRESS/EGRESS, DRAINAGE, WATER AND SANITARY SEWER EASEMENT. THE PRIVATE STREET WILL NOT BE MAINTAINED BY THE VIRGINIA DEPARTMENT OF TRANSPORTATION OR THE COUNTY OF FREDERICK. THE MAINTENANCE AND IMPROVEMENT OF SAID PRIVATE STREET SHALL BE THE SOLE RESPONSIBILITY OF THE SHENANDOAH HOMEOWNERS ASSOCIATION. 6. ALL PROPERTY OWNERS IN LAKE FREDERICK ARE REQUIRED TO BELONG TO THE SHENANDOAH HOMEOWNERS ASSOCIATION. THE ASSOCIATION IS THE OWNER OF ALL OPEN SPACE AND PRIVATE ROADS AND IS RESPONSIBLE FOR THE MAINTENANCE OF THOSE AREAS. ALL PROPERTY OWNERS MUST PAY AN ANNUAL ASSESSMENT FOR THIS MAINTENANCE. THIS FEE AND ALL OTHER RULES OF THE ASSOCIATION ARE SET FORTH IN THE RESTRICTIONS AND COVENANTS RECORDED AS INSTRUMENT 060001208 AMONG THE LAND RECORDS OF FREDERICK COUNTY. VIRGINIA. 7. THIS SUBDIVISION IS BASED ON THE SUBDIVISION PLAN FOR LAKE FREDERICK PHASE 6 - SECTION A, APPROVED JANUARY 11, 2023. EASEMENT LEGEND PU PEDESTRIAN ACCESS AND UTILITY EASEMENT (FU11 EX PEDESTRIAN ACCESS AND UTILITY EASEMENT INSTR. 240000000 (6A-1) (PU21 EX PEDESTRIAN ACCESS AND UTILITY EASEMENT INSTR. 240000000 (6A-2) f5WM1 EX STORMWATER MANAGEMENT EASEMENT INSTR. 240000000 (6A-2) <rU'1 EX UTILITY EASEMENT INSTR. 240000000 (6A-2) LINE TABLE LINE BEARING DISTANCE Ll N 68'48'09" W 1 88.83' L2 N 68'48'09" W 1 47.00' L3 N 68'48'09" W 1 47.00' MINIMUM SETBACK REQUIREMENTS: 25' FROM RACHEL CARSON DRIVE 25' FROM ALL OTHER PRIVATE STREETS REAR = 15' SIDE = 5' AREA SUMMARY PARCEL Z (87-A-103F) 3.707.098 S.F. 85.10325 AC. PARCEL D -3,461 S.F.-0.07944 AC. PARCEL E-44,466 S.F.-1.02081 AC. PARCEL V-49,433 S.F.-1.13483 AC. RESIDUE 3,609,738 S.F. 82.86817 AC. CURVE TABLE CURVE RADIUS I LENGTH CHORD BEARING CHORD DELTA ANGLE TANGENT Cl 313.00' 23.01' S 24'24'05" W 23.00' 4'12'40 11.51' C2 15.00 19.88' S 64'28'00" W 18.45' 75'55'09" 11.70' C3 302.00' 42.54 N 25'13'59" E 42.51' 8'04'16" 21.31' C4 25.00' 14.86' N 51'46'29" W 14.64' 34'03 21 7.66' C5 335.00' 6.00' N 21'42'38" E 6.00' 1'01'34" 3.00' C6 313.00' 6.007 N 21'44'48" E 6.00' 1'05'54" 3.00' C7 25.00 24.41' N_0_6_'46'2_9" W 23.45' 55'56'39" 13.28 C8 25.00' 39.27' 1 N 66'11'51" E 35.316' 9900'0000'0000" 2255..000 22 90'005.0 25.00'00'9 39.7' 66'11'51" EC 353 36 C11 357.00' 6.00' I S 21'40'44" W 6.00' 0'57'47" 1 3.00' FlNAL PLAT LAKE FREDEMICK PHASE 6A, SECTION 3 OPEQUON MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA 6742-A-RP-M DWG: P:\6742 - Shenandoah - Frederick County, VA\6742-01-001 (SUR) - Loke Frederick\Survey\Plots\6742-A-RP-051.dwg DATE: FEBRUARY 22, 2024 Bowman C O N S U L T I N G BMW Cn WAng QvW Ltd Phone dos) 443-2400 tot sotm s"K IRE FW dace 443-M L�►0.Wr0�2a175 -b0�11NnO01mmirg- O NCMWJIVGmq%Ud REVISION 4EALTH OF pr�� U p Q f9 PAULSS TZ Lic/.'1 No. /01027D1 � t�/ f `vD SUM BCG PROJECT NO: 6742-11-001 TASK: SX001 SHEET 3 OF 6 BY: SKS COUNTY REF NO: SCALE: NONE I CHK: MATCHUNE TO SHEET 5 522.4Y 9 L=14.86' (TIE) J J C� 0 22' a b L2 N 21'11'S1' E � 36.00, a N 68'48'09' W- o C4 46.76' ll}j <PU2 C7 1 rn ` PARCEL Z RESIDUE AREA (SEE AREA TABULATION) RACHEL CARSON DRIVE (PRIVATE STREET) 4r�� 48'09' W 117.05 N'68' ` N } 77ro7'05^ W 477.95' i I I PARCEL V— ,9,433 S.F. OR 1.13483 AC. PARCEL D 3,461 S.F. OR 0.07944 AC. � N :n r N o >- INSTR. 210019502 1l TM 87-A-95D i ZONE: RA 22• 44.�� ..... SVN 11' L7 I r rc1 U , <PU2 PUJ1 (PU2 r RON COURT PRIVATE STREET) FINAL PLAT LAKE FMEMCK PHASE 6A, SECTION 3 1 50 0 25 50 OPEQUON MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA 67�—A-RP-051 GRAPHIC SCALE DWG: P:\6742 - Shenandoah - Frederick County. VA\6742-01-001 (SUR) - Lake Frederick\Survey\Plats\6742-A-RP-051.dwg DATE: FEBRUARY 22, 2024 REVISION Bowman. �� Op `r+P C O N S U L T I N G o f� IS9 BON - Q vW Ltd Pl a1s (M) 443-2400 PAUL S ARTZ Im Boo WOK M For CM 443-M Lic. No. 002701 Le"We Vk" 2M rnrrpo 1�1Gc°m o Cannlw OMPAVO MUCL 1 BCG PROJECT NO: 6742-11-001 TASK: SX001 SHEET 4 OF 6 BY: SKS Np SURN� COUNTY REF NO: SCALE: 1' = 50' CHK: RACHEL CARSON DRNE (PRIVATE STREET) PARCEL V 49,433 S.F. OR 1.13483 AC. PARCEL Z RESIDUE AREA (SEE AREA TABULATION) MATCHLINE TO SHEET 6 1 22' �1 1 MATC11L114F TO SHEET 4 FINAL PLAT LAKE II ROEMCK PHASE 6A, SECTION 3 50 0 25 So OPEQUON MAGISTERIAL DISTRICT FREDERICK COUNTY, MRGINIA GRAPHIC SCALE DWG: P.\6742 - Shenandoah - Frederick Canty, VA\6742-01-001 Bownian C O N S U L T I N G Be41111Y1 Ca*ft QrcW Ltd Pier 0'03) 443-M 1W SWA s"K m Pw O'03) 443-M Leetu% W" 4D175 O Banwn �'o OelR Lld BCG PROJECT NO: 6742-11-001 TASK: SXO01 COUNTY REF NO: Im SHEET 5 OF 6 BY: SKS SCALE: 1" = 50' CHK: INSTR.'.210019502 TM 87—A-95D ZONE: RA 6742-A-f�-051 DATE: FEBRUARY 22. 2024 o�ALTH 0 g AUL SWARTZ ... No. 002701 INSTR. 130010885 INSTR. 200014172 TM 87-A-102 ZONE: R5 0 ll'-1 L=14.86' (TIE)` N 21111'51' E- 36.00' L=14.86' (TIE) PARCEL Z RESIDUE AREA (SEE AREA TABULATION) is I cp 2C7 Pa 22' RACHEL CARSON DRIVE (PRIVATE STREET) 1 11--4 1 - -PARCEL V 1 { { 49,433 S.F. OR p b c7 1.13483 AC. - 44' 1 o INSTR. 210019502 m TM 87—A-95D D 71 t.+ N ZONE: RA c10 p tyj C o - +n PU: Z N i L3 Yrn22 19 44 1 m 22' 10_ 0 11� ` 1 MATCHLINE TO SHEET 5 FINAL PLAT LAKE FMEMCK PHASE 6A, SECTION 3 50 0 25 50 OPEQUON MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA GRAPHIC SCALE 6742-A-R -W DWG: P:\6742 - Shenendwh - Frederick County, VA\6742-01-001 (SUR) - lake Frederick\Surwy\Plols\6742-A-RP-051.dwg DATE: FE13RUARY 22, 2024 Bovivrmn C C N S U L T I N 6 BMW catnip Grow Ltd Ran' (M) 443-M 0 80wh strut BE Ftm OW) 443M L41Nb ra M * 2W5 +rwwbowlnul rl� Bean REVISION .4$p,LTH pF U a PAUL SW TZ Uc. No. 002701 /�� /7 `y' SURIV .1 BCC PROJECT NO: 6742-11-001 TASK: SX001 I SHEET 6 OF 6 18Y: SKS COUNTY REF NO: SCALE: 1" = 50' 1 CHK: RECORDATION COVER SHEET TYPE OF INSTRUMENT: DATE OF INSTRUMENT: NAMES OF GRANTORS: NAMES OF GRANTEES: COUNTY WHERE PROPERTY LOCATED: BRIEF DESCRIPTION OF PROPERTY: INSTRUMENT NUMBER WHERE PROPERTY ACQUIRED: PLAT ATTACHED: DEED OF SUBDIVISION, EASEMENT, CONVEYANCE, AND SUPPLEMENTARY DECLARATION J✓ & -3 1 , 2024 1) SHEA HOMES LIMITED PARTNERSHIP 1) COUNTY OF FREDERICK, VIRGINIA 2) FREDERICK COUNTY SANITATION AUTHORITY, DB/A FREDERICK WATER 3) SHENANDOAH HOMEOWNERS ASSOCIATION, INC. FREDERICK COUNTY OPEQUON MAGISTERIAL DISTRICT LAKE FREDERICK, PHASE 6A, SECTION 3 PARCELS D, E, and V INSTRUMENT NO. 240006005 PLAT PROJECT # 6742-A-RP-51 PREPARED BY BOWMAN CONSULTING OF LEESBURG, VIRGINIA TAX MAP IDENTIFICATION NO.: 87B-9A 1-Z 1 THIS DEED OF SUBDIVISION, EASEMENT, CONVEYANCE, AND SUPPLEMENTARY DECLARATION (the "Deed") is made this AVday of c1 cll , 2024, by and between SHEA HOMES LIMITED PARTNERSHIP, a California limited partnership (hereinafter referred to as "Owner"); the COUNTY OF FREDERIC VIRGINIA, a body corporate and politic (hereinafter referred to as "County"); the FREDERICK COUNTY SANITATION AUTHORITY, d/b/a FREDERICK WATER, a body corporate and politic (hereinafter referred to as "Authority"); and SHENANDOAH HOMEOWNERS ASSOCIATION, INC., a Virginia nonstock corporation (hereinafter referred to as the "Association'). WITNESSETH: WHEREAS, the Owner is the owner and proprietor of certain real property identified with Tax Map 8713-9A 1-Z (the "Property"), as shown on the plat dated February 22, 2024, with Project # 6742-A-RP-51, entitled "Final Plat LAKE FREDERICK Phase 6A, Section 3", and prepared by Bowman Consulting of Leesburg, Virginia, certified land surveyors (the "Plat"), which Plat is attached hereto and made a part hereof; and WHEREAS, the Property is situate in Frederick County, Virginia, Owner having acquired the Property by deed recorded as Instrument No. 240006005, as last modified by Instrument No. , all among the land records of Frederick County, Virginia ("Land Records"); and WHEREAS, the Property is not subject to the lien of any deed of trust; and WHEREAS, it is the desire and intent of Owner to subdivide the Property into lots and parcels in accordance with this Deed and the Plat; and WHEREAS, it is the desire and intent of Owner to grant and convey unto the County and unto the Authority the easements in the locations as shown on the Plat and as hereinafter provided; and 2 WHEREAS, it is the desire and intent of Owner to hereby create and establish easements over and across the Property, said easements being more particularly bounded and described on the Plat and as hereinafter provided; and WHEREAS, it is the desire and intent of Owner to grant and convey unto the Association the easements in the locations as shown on the Plat and as hereinafter provided; and WHEREAS, it is the desire and intent of Owner to grant and convey unto the Association, certain parcels, as hereinafter provided; and WHEREAS, the Owner, as a Developer under the Declaration of Covenants, Conditions, Restrictions and Reservation of Easements for Shenandoah Homeowners Association, Inc. recorded among the Land Records as Instrument No. 060001208, as amended from time to time (the "Declaration"), desires to submit a portion of the Property as hereinafter described to the terms and conditions of the Declaration, in accordance with the provisions for submission of additional property as set forth in the Declaration. SUBDIVISION NOW THEREFORE, in consideration of the premises and the sum of One Dollar ($1.00), cash in hand paid, receipt of which is hereby acknowledged, Owner does hereby subdivide the Property into three parcels, to be known as Parcel D, Parcel E, and Parcel V, Phase 6A, Section 3, LAKE FREDERICK and a residue of the Property containing approximately 82.86817 acres (3,609,738 square feet), in accordance with the Plat which is expressly incorporated herein and made a part of this Deed. COUNTY EASEMENTS THIS DEED FURTHER WITNESSETH, that in consideration of the premises and the sum of One Dollar ($1.00), cash in hand paid, receipt of which is hereby acknowledged, Owner does hereby grant and convey unto the County, its successors and assigns, the easements as hereafter set forth in the respective locations shown on the Plat as follows: 3 A. Ernmency Ingress and E ess Easements. Easements for ingress and egress, for construction and maintenance of utilities, for County and other emergency vehicles, and for the purpose of performing any governmental functions which the County may find necessary or desirable to perform, including but not limited to police and fire protection, over and across all private streets, common driveways, public and private access easements, ingress and egress easements, Parcel D, Parcel E, and Parcel V, Phase 6A, Section 3, LAKE FREDERICK, and in the locations shown on the Plat. Notwithstanding the foregoing, in the event any of such private streets, common driveways, public or private access easements, parcels, and/or ingress and egress easements are hereafter adjusted, relocated, reconfigured, or otherwise altered, these easements shall automatically be adjusted so that no portion of the Property which ceases to be a private street, common driveway, public or private access easement or ingress and egress easement shall be subject to these easements. Furthermore, notwithstanding any other terms or provisions hereafter set forth, to the extent any of said easements constitutes a blanket easement over an individual parcel such as a common area or common open space parcel, then buildings, structures, or other above -ground facilities may be constructed within such easement areas, so that the easement shall encumber only the portion of such parcel(s) which is not occupied by buildings, structures or other above -ground facilities. B. Storm Drainage Easement. Easement for the purpose of access to and for constructing, operating, maintaining, adding to, altering or replacing present or future stormwater drainage facilities, storm drainage lines, storm sewer lines, or other drainage structures, including building connection lines, plus all necessary inlet structures, manholes, and appurtenances for the collection of storm waters and its transmission through and across the said property of Owner, said easement being located over, under, and across Parcel V, as shown on the Plat. The foregoing Emergency Ingress and Egress Easements and Storm Drainage Easement are all subject to the following conditions where applicable: 0 1. All sewers, manholes, inlet structures, and appurtenant facilities which are installed in the easements shall be and remain the property of the County, its successors and assigns. 2. The County and its agents shall have full and free use of said easements for the purposes named, and shall have all rights and privileges reasonably necessary to the exercise of the easements including the right of access to and from the easements and right to use adjoining land where necessary; provided, however, that this right to use adjoining land shall be exercised only during periods of actual construction or maintenance, and further, this right shall not be construed to allow the County to erect any building or structure of a permanent nature on such adjoining land. 3. The County shall have the right to trim, cut, and remove trees, shrubbery, fences, structures, or other obstructions or facilities in or near the easements being conveyed, deemed by it to interfere with the proper and efficient construction, operation, and maintenance of said easements; provided, however, that the County, at its own expense, shall restore, as nearly as possible, the premises to their original condition. Such restoration shall include the backfilling of trenches, the replacement of fences and shrubbery, the reseeding or resodding of lawns or pasture areas, and the replacement of structures and other facilities located without the easements, but shall not include the replacement of structures, trees, or other facilities located within the easements. 4. Owner reserves the right to construct and maintain roadways over said easements to the extent not prohibited or restricted by ordinance and to make any use of the easements herein granted which may not be inconsistent with the rights herein conveyed or interfere with the use of said easements by the County for the purposes named; provided, however, that Owner shall not erect any building or other structure, excepting a fence, on the easements without obtaining the prior written approval of the County. 5 5. The Association shall be responsible for maintenance of storm drain easements conveyed herein in accordance with the terms and conditions of the Declaration, except to the extent that such responsibility falls upon the individual lot owners as provided in the aforesaid Declaration, such Association/Lot owner maintenance to include items such as mowing and weeding, removal of litter and other debris, and care and maintenance of trees and other vegetation; provided, however, that neither the Association nor any Lot owner shall alter, disturb nor make any changes to the elevation or contours of any open channel, ditch, swale, berm or other drainage facility within the easement after the completion of the construction of the facilities in accordance with the County -approved plans. Each lot owner's responsibility to perform such maintenance obligations shall run with the land. 6. Owner covenants that it is seized of and has the right to convey said easements, rights and privileges, that the County shall have quiet and peaceable possession, use and enjoyment of the easements, rights and privileges, and that Owner shall execute such further assurances thereof as may be required. 7. Owner agrees that the agreements and covenants stated in this Deed are not covenants personal to Owner but are covenants running with the land which are and shall be binding upon Owner, its heirs, personal representatives, successors and assigns. AUTHORITY EASEMENT THIS DEED FURTHER WITNESSETH that for and in consideration of the sum of One Dollar ($1.00), cash in hand paid, the receipt of which is hereby acknowledged, the Owner does hereby grant and convey unto the Authority, its successors and assigns, an easement and right of way (the "Easement") for the purpose of installing, constructing, operating, maintaining, repairing, adding to or altering and replacing one or more present or future water mains and sanitary sewer lines, including, without limitation, fire hydrants, valves, vaults, meters, building service connections and connection lines, sanitary lateral lines, manholes and other appurtenant Z facilities (collectively, the "Facilities"), for the transmission and distribution of water and the collection of sanitary sewer and its transmission through, upon and across the portion of the Property. Such Easement is granted over, under, and across Parcel V (the "Easement Area") as shown on the Plat attached hereto and made a part hereof, subject to the following conditions: 1. All Facilities which are installed in the Easement Area shall be and remain the property of the Authority, its successors and assigns. 2. The Authority and its agents shall have full and free use of the Easement for the purposes named, and shall have all rights and privileges reasonably necessary to the exercise of the Easement, including the right of access to and from the Easement Area, and the right to use adjoining land when necessary; provided, however, that this right to use adjoining land shall be exercised only during periods of actual construction or maintenance, and then only to the minimum extent necessary for such construction and maintenance; and further, this right shall not be construed to allow the Authority to erect any building or structure of a permanent nature on such adjoining land. 3. The Authority shall have the right to trim, cut and remove trees, shrubbery, fences, structures or other obstructions in or reasonably near the Easement Area, including those existing at the time of execution of this Deed, deemed by it to interfere with the proper and efficient construction, operation and maintenance of the Facilities; provided, however, that the Authority, at its own expense, shall restore, as nearly as possible, to their original condition all land or premises included within or adjoining the Easement Area which are disturbed in any manner by the construction, operation and maintenance of the Facilities. Such restoration shall include (i) the backfilling of trenches, (ii) repaving of asphalt, concrete, composite, and other impervious areas, (iii) the reseeding or resodding of lawns or pasture areas, and (iv) the replacement of trees, flowers, shrubbery, vegetable plants, porous/permeable paving, pavers, structures, and other obstructions located outside the Easement Area, but shall not include the 7 I] replacement of trees, flowers, shrubbery, vegetable plants, porous/permeable paving, pavers, structures, or other obstructions located within the Easement Area. 4. Owner reserves the right to construct and maintain roadways over the Easement Area and to make any use of the Easement Area which may not be inconsistent with the easement rights herein conveyed, or interfere with the use of the Easement by the Authority for the purposes named; provided, however, that Owner shall not erect any building or other structure, or install any underground facilities or utilities, or change existing ground elevation or impound any water on or within the Easement Area without obtaining the prior written approval of the Authority. In the event a use of the Easement Area by Owner is approved by the Authority, but requires the relocation of any of the Facilities or the adjustment of the depth of any of the Facilities, all costs required to accomplish such relocation or adjustment shall be paid by Owner. Owner agrees that no vegetation other than (i) grass, (ii) shrubbery, and (iii) flowers and vegetable plants with root systems that extend no more than 12 inches below the surface at maturity, may be planted in the Easement Area; provided, however, that such flowers, shrubbery and vegetable plants are planted at Owner's risk and the Authority shall have no obligation to replant such flowers, shrubbery and vegetable plants nor to compensate Owner for such vegetation in the event such vegetation is damaged or destroyed during the exercise of the Authority's rights under the Easement. 5. At such time as any portion of the land within the Easement Area is accepted by the Commonwealth of Virginia or any appropriate agency thereof for maintenance into the state highway system, all easement rights acquired by the Authority by this instrument in such portion of land shall cease and terminate, provided that the Commonwealth of Virginia or any appropriate agency thereof concurrently grants to the Authority all necessary permits for the continued operation, maintenance, inspection, repair and replacement of its facilities in said location. 6. Owner covenants that it is seized of and has the right to convey said Easement, rights and privileges, that the Authority shall have quiet and peaceable possession, use and enjoyment of the Easement, rights and privileges, and that Owner shall execute such further assurances thereof as may be required. 7. In the event the Authority notifies Owner, or their successors or assigns, of a violation of the terms of the Easement and Owner does not cure such violation within thirty (30) days of such notice, the Authority may take such action as necessary to cure such violation, including ingress and egress over any portion of Owner's property deemed necessary by the Authority to access the Easement Area or to enforce the Authority's rights hereunder. All costs and expenses incurred by the Authority in exercising or enforcing its rights hereunder shall be paid or, at the Authority's election, reimbursed, by Owner, within thirty (30) days from the date Owner receives a bill or invoice from the Authority for such costs and expenses. If such costs and expenses are not paid within the thirty (30) day period referenced in the preceding sentence, all such costs and expenses shall immediately commence bearing interest at the rate of twelve percent (12%) per annum. The Authority shall have the right to enforce the terms of the Easement by any remedy available at law or in equity. 8. If the Authority is adjudicated the prevailing party in any judicial proceeding between the parties regarding enforcement of the Easement, the Authority shall be awarded its costs and expenses, including reasonable attorney's fees. 9. Owner agrees that the agreements and covenants stated in this Deed are not covenants personal to Owner but are covenants running with the land which are and shall be binding upon Owner, its heirs, personal representatives, successors and assigns. PRIVATE STREET INGRESS/EGRESS EASEMENTS THIS DEED FURTHER WITNESSETH, that in consideration of the premises and the sum of One Dollar ($1.00), cash in hand paid, receipt of which is hereby acknowledged, Owner Z does hereby create and establish easements for ingress and egress over and across Parcel V for the use and benefit of the owners, their heirs, assigns and successors in interest, of any parcels or dwelling units, served by the private streets located now or in the future within the said easements, and their guests and invitees. Within said easements, the County shall have the right of access for County and other emergency vehicles. Said ingress and egress easements shall not constitute a public road or right of way and shall be used only for the aforementioned reasons. Said easements shall be permanent, shall run with the land and shall constitute an appurtenance to said lots and parcels. The Association, its successors and assigns, shall be responsible for the construction, repair and maintenance, including snow removal, of the private streets, roadways and parking areas located within the easements. The construction, repair and maintenance of the roadway and the easements shall not be the responsibility of the County or the Commonwealth. The Association shall have the right, on behalf of any owner served by the easements, to relocate, vacate or terminate all of any portion of the easements provided that access to the property served by the easements is not denied. PEDESTRIAN ACCESS EASEMENTS/UTILITY EASEMENTS THIS DEED FURTHER WITNESSETH, that in consideration of the premises and the sum of One Dollar ($1.00), cash in hand paid, receipt of which are hereby acknowledged, Owner does hereby grant and convey unto Association, its successors and assigns, pedestrian access easements for the purpose of constructing, using and maintaining utilities and sidewalks/trails over and across the Property as shown on the Plat described as "Pedestrian Access and Utility Easement", said easements to be used exclusively for utilities and pedestrian and non -motorized vehicular uses, subject to the following terms and conditions: 1. Association and its members and residents shall have full and free use of the easements for the purposes named, and shall have all rights and privileges reasonably necessary to the exercise thereof and the right to use adjoining land where necessary; provided, however, 10 that this right to use adjoining land shall be exercised only during periods of actual construction or maintenance by Association, its successors or assigns, and further, this right shall not be construed to allow Association to erect any building or structure of a permanent nature on such adjoining land. 2. Association shall have the use of the easements free from any obstructions and shall have the right to trim, cut and remove, trees, shrubbery, fences, structures or other obstructions or facilities in or near the easements being conveyed, deemed by it to interfere with the proper and efficient construction, use and maintenance of said easements. 3. Association shall have the right in its sole discretion to provide paving and to plant trees and shrubbery within the easements which shall remain the property of Association, its successors and assigns. 4. The construction, repair and maintenance of the easement areas shall be the responsibility of Association. 5. Association shall be responsible for any and all maintenance of the pedestrian access and utility easements and shall conduct periodic inspections of the pedestrian access and utility easements. Should Association fail to perform maintenance and/or conduct inspections of the pedestrian access and utility easements, Owner, its successors or assigns, is hereby granted the right to perform any maintenance or inspections of the pedestrian access and utility easements it deems necessary. All costs and expenses incurred by Owner, its successors or assigns, in exercising or enforcing its rights hereunder shall be paid or, at Owner or its successors or assigns', election, reimbursed by Association (or its successors of assigns, as applicable), within thirty (30) days from the date Association (or its successors or assigns, as applicable) receives a bill or invoice from Owner or its successors or assigns, for such costs and expenses. If such costs and expenses are not paid within the thirty (30) day period referenced in the preceding sentence, all such costs and expenses, including, but not limited to attorneys' fees and costs 11 incurred by the Owner, its successors or assigns, shall immediately commence bearing interest at the rate of twelve percent (12%) per annum. Owner, its successors or assigns, shall have the right to enforce the terms of the pedestrian access, trail and utility easements by any remedy available at law or in equity. Association is responsible for and shall indemnify Owner, its successors and assigns, for all of its losses, costs and damages, including, but not limited to, attorneys' fees and costs. CONVEYANCE TO ASSOCIATION THIS DEED FURTHER WITNESSETH that without payment of consideration therefor, but as a gift, Owner, does hereby convey with Special Warranty of Title to the Association, Parcel D, Parcel E, and Parcel V, Phase 6A, Section 3, LAKE FREDERICK, to have and to hold unto the Association, its successors and assigns. SUPPLEMENTARY DECLARATION THIS DEED FURTHER WITNESSETH, that in consideration of the premises and the sum of One Dollar ($1.00), cash in hand paid, receipt of which is hereby acknowledged the Owner does hereby subject Parcel D, Parcel E, and Parcel V, Phase 6A, Section 3, LAKE FREDERICK, to the terms and conditions of the Declaration and jurisdiction of the Association. MISCELLANEOUS Headings used in this Deed are for convenience purposes only and are not intended to affect the express terms herein set forth. This Deed is made in accordance with the statutes made and provided in such cases; with the approval of the proper authorities of Frederick County, Virginia, as shown by the signatures affixed to the Plat, and is with the free consent and in accordance with the desire of Owner, the owner and proprietor of the land depicted on the Plat. 12 The undersigned warrant that this Deed is made and executed pursuant to authority properly granted by the articles of organization, operating agreement or majority vote of the members of the Owner and the other parties hereto. The Association unites herein to indicate and confirm its acceptance of all of the maintenance and other obligations assigned to or assumed by the Association under this Deed. IN WITNESS WHEREOF, the parties hereto have caused this Deed to be executed, under seal. [SIGNATURES APPEAR ON THE FOLLOWING PAGES] 13 FURTHER WITNESS the following signatures and seals. SHEA HOMES LIMITED PARTNERSHIP, a California limited partnership _ By: Name: H Title: A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. Commonwealth of Virginia County of Frederick On r 3 s f 20 A before me, Cul-r_- -- Notary Public, personally appeared �(IAI 'who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the Commonwealth of Virginia that the foregoing paragraph is true and correct. N"� C WITNESS y hand Rd official seal. aS Signature of Notary Public 14 `�� • PUBARY •9S<�, Q: LIC ' REG_ m = c� .� MV COMMIISSSIN IXPIRES p �► . .1131rIM7 ; ., .. .,,,, ALTH 0 (Notary Seal) % SHEA HOMES LIMITED PARTNERSHIP, a California limited partnership By: Name Title: A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. Commonwealth of Virginia County of Frederick On TU LY 31S-k 20 a q before me, /9 m CHASLEIZ Notary Public, personally appeared Qv N ZM a E , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of f„Qmmonwealth of Virginia that the foregoing paragraph is true and correct. �a•%``��p.RIE L,'�•y WITNESS hand and official seal. a5 Signature of Notary Public 1.5 A.. NOTARY PUBLIC RE3.OM174 MY c0mmissION 0 • EXPIRES : Q �..'• 3/31r427 Oyy....... ��iiy�FALTH OF (Notary Seal) SHENANDOAH HOMEOWNERS ASSOCIATION, INC. COMMONWEALTH OF VIRGINIA COUNTY OF FREOCRXCK , to wit: I, the undersigned Notary Public, in and for the jurisdiction aforesaid, do hereby certify that '4a , as 7 of SHENANDOAH HOMEOWNERS ASSOCIATION, INC., whose name is signed to the foregoing Deed, appeared before me and personally acknowledged the same in my jurisdiction aforesaid, on behalf of the Association. GIVEN under my hand and seal this /0 4-k day of �EaTEmSErZ , 2024. My commission expires: 03-31-a02-7 -- Notary Registration No.: 808 3 174_ & 61/?J�L CR Notary Public Tel Al A, : •NOTARY Z: PUBLIC Q= REG. # SM174 MY COMMISSION ; n : EXPIRES , p• 313112027 •.2 C!jR Witness the following signature and seal: FREDERICK COUNTY SANITATION AUTHORITY d.b.a. FREDERICK WATER: BY: ltz2z�ze�z MICHAEL NE LIN, CHIEF ENGINEER STATE OF *r---1 l , C-PT(,4COUNTY OF e lG_ , TO -WIT: I, r V_ 4-:,rjy9 to , a notary public in and for the State and County aforesaid, do certify that MICHAEL NEWLIN CHIEF ENGINEER, whose name is signed to the foregoing instrument dated 2 204 has acknowledged the same before me. GIVEN under my hand this � 61`�day of , 202� 0_,� Notary Public Registration No.: l/Ula-Z2 My Commission Expires: N a r%Ti�Q ER'esistration RISTINA NICOLE STIPP Notary Public mmonwealth of Virginia No. 8016060 mission Expires Nov 30, 2026 +7