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HomeMy WebLinkAbout05-25 Design PlanENTIRE PARCEL TO BE REZONED FROM B-2 TO B-3 ± 2.9553 AC This document, together with the concepts and designs presented herein, as an instrument of service, is intended only for the specific purpose and client for which it was prepared. Reuse of and improper reliance on this document without written authorization and adaptation by Kimley-Horn and Associates, Inc. shall be without liability to Kimley-Horn and Associates, Inc.DATEAS SHOWNCHECKED BYSCALEDESIGNED BYDRAWN BYKHA PROJECT‹ 2025 KIMLEY-HORN AND ASSOCIATES, INC.11400 COMMERCE PARK DR., SUITE 400, RESTON, VA 20191PHONE: 703-674-1300 FAX: 703-674-1350WWW.KIMLEY-HORN.COMP R E L I M I N A R YTHESE DOCUMENTS ARE INCOMPLETE AND NOT FORREGULATORY APPROVAL, PERMIT ORCONSTRUCTION.RE=ONING EXHIBIT7/23/2025111125000SRASRAHRTVIRGINIAFREDERICK COUNTYFIRESTONE COMPLETE AUTOCARE CENTERPREPARED FOR=AREMBA GROUP, LLCEX-1 VICINITY MAP SCALE: 1 1000 NORTH NORTH STOPSTOPSTOPACCESSALTA/NSPS LAND TITLE SURVEY LANDS N/F RUTHERFORD FARM, LLC INSTRUMENT NO. 050006702 FREDERICK COUNTY, VIRGINIA STONEWALL MAGISTERIAL DISTRICT Z.T.B. G.R.S. DWN: CHK: DES:SHEET 1 OF 1BY REVISIONDATESITEDENOTES PARKING COUNTSTOPGRS GROUP, LLC 6703 DELAND COURT SPRINGFIELD, VA 22152 FAX: 703-763-2320 email: grsgroup.llc@gmail.com TELE: 703-727-5828 ©SCALE: 1" = 2,000 FT.GRATE INLETSANITARY MANHOLESTORM DRAIN MANHOLEFIRE HYDRANTWATER VALVEGAS VALVEUTILITY POLEGUY WIRETELEPHONE PEDESTALSTOP BARELECTRIC BOXEXISTING CONTOURAPPROX.LOC. WATER LINEOVERHEAD WIRESLEGENDCONCRETEPROPERTY LINEPROPERTY LINE ADJOINERWATER MANHOLEUTILITY COVERTOP OF CURB ELEVATIONFLOWLINE ELEVATIONSPOT ELEVATIONBUILDING W/ HATCHWOOD OR VINYL FENCEFIRE DEPT. CONN.GAS METERSIGNBOLLARDTREE (W/SIZE)ADA WARNING PADSURVEY CONTROL POINTENCROACHMENT TABLENONENOTES:1.PROPERTY IS PART OF THE LANDS OF RUTHERFORD FARM, LLCAS RECORDED IN INSTRUMENT NO. 050006702 AND HAVING APARCEL ID OF 43-A-100F (LOT 1-B).2.AREA = 128,733 SQ. FT. OR 2.9553 ACRES3.LOCATION OF ALL UNDERGROUND UTILITIES AREAPPROXIMATE. ALL LOCATIONS AND SIZES ARE BASED ON UTILITYMARK-OUTS, ABOVE GROUND STRUCTURES THAT WERE VISIBLE &ACCESSIBLE IN THE FIELD, AND THE MAPS AS LISTED IN THEREFERENCES AVAILABLE AT THE TIME OF THE SURVEY. AVAILABLEAS BUILT PLANS AND UTILITY MARK OUT DOES NOT ENSUREMAPPING OF ALL UNDERGROUND UTILITIES AND STRUCTURES.BEFORE ANY EXCAVATION IS TO BEGIN, ALL UNDERGROUNDUTILITIES SHOULD BE VERIFIED AS TO THEIR LOCATION, SIZE ANDTYPE BY THE PROPER UTILITY COMPANIES.4.THE HORIZONTAL DATUM IS VIRGINIA STATE PLANECOORDINATE SYSTEM, NAD 83 (2011) BASED UPON GPSOBSERVATIONS. THE VERTICAL DATUM IN NAVD 1988 BASED UPONGPS OBSERVATIONS (GEOID 2018).5.BY GRAPHIC PLOTTING THE PROPERTY IS LOCATED IN OTHERAREAS, ZONE "X" (AREAS DETERMINED TO BE OUTSIDE THE 0.2%ANNUAL CHANCE FLOODPLAIN) PER FEMA FLOOD INSURANCE RATEMAP FOR FREDERICK COUNTY, VIRGINIA AND INCORPORATEDAREAS, PANEL 210 OF 375, MAP NUMBER 51069C0210E, MAPEFFECTIVE DATE JANUARY 29, 2021.6.THERE IS EVIDENCE OF RECENT EARTH MOVING WORK,BUILDING CONSTRUCTION, OR BUILDING ADDITIONS OBSERVED INTHE PROCESS OF CONDUCTING THE SURVEY.7.THERE ARE NO PROPOSED CHANGES IN STREETRIGHT-OF-WAY LINES OR EVIDENCE OF RECENT STREET ORSIDEWALK CONSTRUCTION OR REPAIRS OBSERVED IN THEPROCESS OF CONDUCTING THE FIELDWORK.8.THERE WAS NO EVIDENCE OF A FIELD DELINEATION OFWETLANDS CONDUCTED ON THE SITE.9.THERE ARE NO VISIBLE ENCROACHMENTS.10.THERE WERE NO CEMETERIES OR FAMILY BURIAL GROUNDSOBSERVED AT THE TIME OF SURVEY.11.THERE IS NO OBSERVABLE EVIDENCE OF SITE USE AS A SOLIDWATER DUMP, SUMP OR SANITARY LANDFILL..12.THE PROPERTY HAS PEDESTRIAN, PUBLIC UTILITY ANDVEHICULAR ACCESS TO MARKET STREET [VA ROUTE 1621] APUBLICLY DEDICATED AND MAINTAINED RIGHT-OF-WAY VIAINGRESS/EGRESS EASEMENT AS RECORDED IN INSTRUMENT NO.160006707.13.THE PROPERTY IS ZONED B3 - INDUSTRIAL TRANSITIONDISTRICT (PENDING REZONING APPROVAL).THIS SURVEY IS PREPARED WITH REFERENCE TO A TITLE COMMITMENT PREPARED BYFIRST AMERICANTITLE INSURANCE COMPANY, COMMITMENT NO. NCS-1256577-CLEWITH AN EFFECTIVE DATE OF MARCH 21, 2025 AT 8:00 A.M. OUR OFFICE HAS REVIEWEDTHE FOLLOWING SURVEY RELATED EXCEPTIONS IN SCHEDULE B, SECTION II:4.COVENANT AND RESTRICTION AS SET FORTH IN DEED, DATED OCTOBER 3, 1952,RECORDED NOVEMBER 6, 1952, IN DEED BOOK 225, PAGE 377, AFFECTS THE SUBJECTPROPERTY, GENERAL IN NATURE, NO PLOTTABLE EASEMENTS.5.EASEMENT GRANTED TO NORTHERN VIRGINIA POWER COMPANY IN RIGHT OFWAY AGREEMENT, DATED SEPTEMBER 11, 1961, RECORDED OCTOBER 11, 1961, IN DEEDBOOK 273, PAGE 506, DOES NOT AFFECT THE SUBJECT PROPERTY.6.EASEMENT GRANTED TO THE POTOMAC EDISON COMPANY OF VIRGINIA IN RIGHTOF WAY AGREEMENT, DATED MAY 9, 1967, RECORDED JULY 12, 1967, IN DEED BOOK 333,PAGE 526, MAY AFFECT THE SUBJECT PROPERTY, VAGUE AND INSUFFICIENTINFORMATION IN THE RECORD DOCUMENT.7.EASEMENT GRANTED TO THE POTOMAC EDISON COMPANY OF VIRGINIA IN RIGHTOF WAY AGREEMENT, DATED FEBRUARY 9, 1970, RECORDED MARCH 9, 1970, IN DEEDBOOK 361, PAGE 556, DOES NOT AFFECT THE SUBJECT PROPERTY, POLE LINEEASEMENT TO THE WEST 950.0' ± ON EITHER SIDE OF RAILROAD TRACK.8.EASEMENT GRANTED TO THE POTOMAC EDISON COMPANY IN RIGHT OF WAYAGREEMENT, DATED APRIL 27, 1978, RECORDED JULY 14, 1978, IN DEED BOOK 495, PAGE74, DOES NOT AFFECT THE SUBJECT PROPERTY, POLE LINE EASEMENT WEST OFPROPERTY.9.EASEMENT GRANTED TO SHENANDOAH TELEPHONE COMPANY IN INSTRUMENTDATED JULY 13, 1987, RECORDED MAY 15, 1988, IN DEED BOOK 674, PAGE 389, MAYAFFECT THE SUBJECT PROPERTY, VAGUE AND INSUFFICIENT INFORMATION IN THERECORD DOCUMENT.10.MAINTENANCE OBLIGATIONS AS SET FORTH WITHIN EASEMENT AGREEMENT BYAND BETWEEN RUTHERFORD FARM, LLC, COWPERWOOD FEMA, LLC AND JOHN SCULLY,JOHN SCHROTH AND ROBERT SOLENBERGER, DATED MAY 9, 2007, RECORDED MAY 14,2007, AS INSTRUMENT NO. 070007920, DOES NOT AFFECT THE SUBJECT PROPERTY,EASEMENT AGREEMENT FOR CERTAIN TRACT OF RUTHERFORD FARM, LLC NORTH OFMARKET STREET, PIN: 43 A 100A.11.EASEMENTS GRANTED TO COUNTY OF FREDERICK, VIRGINIA AND FREDERICKCOUNTY SANITATION AUTHORITY IN DEED OF DEDICATION OF PUBLIC ROADS, STORMDRAINAGE EASEMENTS, PUBLIC ACCESS, PUBLIC WATER AND SEWER ANDESTABLISHMENT OF LANDSCAPE BUFFER AND WOODLAND BUFFER AND HISTORICALINTERPRETATION AREA, DATED JUNE 14, 2007, RECORDED JULY 10, 2007, ASINSTRUMENT NO. 070011052, AFFECTS THE SUBJECT PROPERTY, SHOWN.12.EASEMENTS GRANTED TO RUTHERFORD FARM, LLC AS SET FORTH IN DEED OFEASEMENT FOR STORM DRAINAGE AND TEMPORARY CONSTRUCTION EASEMENT INCONNECTION THEREWITH, DATED JUNE 14, 2007, RECORDED JULY 10, 2007, ASINSTRUMENT NO. 070011053. (NOTE: THE DRAINAGE EASEMENT GRANTED IN THISDOCUMENT APPEARS TO BE SAME DRAINAGE EASEMENT AS GRANTED IN EASEMENTAGREEMENT RECORDED AS INSTRUMENT NO. 070007920, DOES NOT AFFECT THESUBJECT PROPERTY, DEED OF EASEMENT FOR CERTAIN TRACT OF RUTHERFORDFARM, LLC NORTH OF MARKET STREET.13.EASEMENT GRANTED TO THE POTOMAC EDISON COMPANY (DBA ALLEGHENYPOWER) IN RIGHT OF WAY AGREEMENT, DATED JUNE 27, 2007, RECORDED OCTOBER 12,2007, AS INSTRUMENT NO. 070016050, DOES NOT AFFECT THE SUBJECT PROPERTY,AFFECTS PIN: 43-A-100.14.EASEMENT GRANTED TO THE POTOMAC EDISON COMPANY (DBA ALLEGHENYPOWER) IN RIGHT OF WAY AGREEMENT, DATED JUNE 27, 2007, RECORDED OCTOBER 12,2007, AS INSTRUMENT NO. 070016051, DOES NOT AFFECT THE SUBJECT PROPERTY,AFFECTS PIN: 43-A-100.15.OPERATION AND EASEMENT AGREEMENT BY AND BETWEEN TARGETCORPORATION AND RUTHERFORD FARM, LLC, DATED JULY 19, 2007, RECORDED JULY20, 2007, AS INSTRUMENT NO. 070011908; AS AMENDED BY FIRST AMENDMENT TOOPERATION AND EASEMENT AGREEMENT RECORDED JULY 20, 2007, AS INSTRUMENTNO. 070011913, AND FURTHER AMENDED BY SECOND AMENDMENT TO OPERATION ANDEASEMENT AGREEMENT RECORDED MAY 6, 2019, AS INSTRUMENT NO. 190004196, ASAFFECTED BY MEMORANDUM OF AGREEMENT RELATING TO OEA, DATED SEPTEMBER29, 2015, RECORDED OCTOBER 6, 2015, AS INSTRUMENT NO. 150009856, AS AMENDEDBY FIRST AMENDMENT TO MEMORANDUM OF AGREEMENT RELATING TO OEARECORDED AS INSTRUMENT NO. 150011356, AFFECTS THE SUBJECT PROPERTY,GENERAL IN NATURE, NOT PLOTTABLE.16.EASEMENT GRANTED TO WASHINGTON GAS LIGHT COMPANY IN EASEMENT,DATED JANUARY 22, 2008, RECORDED JANUARY 23, 2008, AS INSTRUMENT NO.080000920, AFFECTS THE SUBJECT PROPERTY, SHOWN.17.EASEMENTS GRANTED TO THE COUNTY OF FREDERICK, VIRGINIA, ANDFREDERICK COUNTY SANITATION AUTHORITY WITHIN DEED OF DEDICATION, ANDVACATION OF VARIOUS EASEMENTS THROUGH LOTS 1, 2, 3, 4, 5 AND 6 AND THERESUBDIVISION OF LOTS 1, 3, 5 AND 6 OF RUTHERFORD FARM, DATED FEBRUARY 21,2008, RECORDED MAY 09, 2008 AS INSTRUMENT NO. 080005730, AFFECTS THE SUBJECTPROPERTY, SHOWN.18.EASEMENT GRANTED TO ROY R. MESSICK AND NANCY L. MESSICK, HIS WIFE,DATED FEBRUARY 4, 2008, RECORDED MARCH 24, 2009, AS INSTRUMENT NO. 090002932,AFFECTS THE SUBJECT PROPERTY, SHOWN.19.DECLARATION OF COVENANTS AND RESTRICTIONS, DATED SEPTEMBER 29, 2015,RECORDED OCTOBER 6, 2015, AS INSTRUMENT NO. 150009853, AFFECTS THE SUBJECTPROPERTY, GENERAL IN NATURE, NOT PLOTTABLE.20.DECLARATION AND AGREEMENT REGARDING EASEMENTS AND COVENANTS,DATED JULY 13, 2016, RECORDED JULY 18, 2016, AS INSTRUMENT NO. 160006707,AFFECTS THE SUBJECT PROPERTY, SHOWN.21.EASEMENTS GRANTED TO THE FREDERICK COUNTY SANITATION AUTHORITY INDEED OF EASEMENT AND VACATION OF EASEMENT, DATED AUGUST 15, 2017,RECORDED AUGUST 16, 2017, AS INSTRUMENT NO. 170008340, AFFECTS THE SUBJECTPROPERTY, SHOWN.22.THIRTY-FIVE (35) AND FIFTY (50) FOOT BUILDING RESTRICTION LINES AS SHOWNON PLAT ATTACHED TO DEED OF SUBDIVISION RECORDED AS INSTRUMENT NO.170010931, AFFECTS THE SUBJECT PROPERTY, SHOWN.23.DECLARATION REGARDING USE RESTRICTIONS, DATED JANUARY 19, 2018,RECORDED JANUARY 22, 2018, AS INSTRUMENT NO. 180000634, AFFECTS THE SUBJECTPROPERTY, GENERAL IN NATURE, NOT PLOTTABLE.24.USE RESTRICTIONS AND EASEMENTS AS SET FORTH WITHIN MEMORANDUM OFGROUND LEASE DATED OCTOBER 21, 2016, BY AND BETWEEN RUTHERFORD FARM, LLCAND RED ROBIN INTERNATIONAL, INC., RECORDED AS INSTRUMENT NO. 180005329.(NOTE: THE LEASED PREMISES AFFECTS LOT 1-E, FORMERLY A PART OF LOT 1-B.RESTRICTIONS AFFECT THE CURRENT LOT 1-B.), AFFECTS THE SUBJECT PROPERTY,GENERAL IN NATURE, NOT PLOTTABLE.25.EASEMENT GRANTED TO FREDERICK COUNTY SANITATION AUTHORITY, D.B.A.FREDERICK WATER, IN DEED OF EASEMENT, DATED DECEMBER 7, 2018, RECORDEDJANUARY 10, 2019, AS INSTRUMENT NO. 190000265, AS AFFECTED BY SUPPLEMENTALAGREEMENT TO EASEMENT, DATED DECEMBER 7, 2018, BY AND BETWEEN BTFHOSPITALITY, LLC AND RUTHERFORD FARM, LLC, RECORDED JANUARY 10, 2019 ASINSTRUMENT NO. 190000266, AFFECTS THE SUBJECT PROPERTY, GENERAL IN NATURE,NOT PLOTTABLE.26.EASEMENT GRANTED TO BTB HOSPITALITY, LLC IN DEED OF EASEMENT, DATEDDECEMBER 7, 2018, RECORDED JANUARY 10, 2019, AS INSTRUMENT NO. 190000267,AFFECTS THE SUBJECT PROPERTY, SHOWN.27.DECLARATION OF RESTRICTIVE COVENANTS, DATED APRIL 25, 2019, RECORDEDMAY 2, 2019, AS INSTRUMENT NO. 190004109, AFFECTS THE SUBJECT PROPERTY,GENERAL IN NATURE, NOT PLOTTABLE.LEGAL DESCRIPTIONCOMMITMENT NO. NCS-1256577-CLEPID:43-A-100FALL OF THOSE LOTS OR PARCELS OF LAND LOCATED IN FREDERICK COUNTY,VIRGINIA, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS:ALL THAT CERTAIN LOT, PIECE OR PARCEL OF LAND, SITUATE, LYING AND BEING INTHE STONEWALL MAGISTERIAL DISTRICT,FREDERICK COUNTY, VIRGINIA, SHOWN AND DESIGNATED AS "LOT 1-B",CONTAINING 2.9553 ACRES, AS SHOWN ONTHAT CERTAIN PLAT ENTITLED "PLAT OF SUBDIVISION LOT 1-B, RUTHERFORDFARM, LLC, STONEWALL MAGISTERIAL DISTRICT, FREDERICK COUNTY, VIRGINIA",PREPARED BY MARSH & LEGGE LAND SURVEYORS, P.L.C., DATED SEPTEMBER 07,2017, WHICH PLAT IS ATTACHED TO AND RECORDED WITH THAT CERTAIN DEED OFSUBDIVISION RECORDED IN THE CLERK'S OFFICE OF THE CIRCUIT COURT FOR THECOUNTY OF FREDERICK, VIRGINIA, ON OCTOBER 19, 2017, AS INSTRUMENTNUMBER 170010931.CLEAN OUTAREA LIGHTTITLE EXCEPTIONMATCH LINE A SEE THIS SHEETMATCH LINE A SEE THIS SHEETREFERENCES:1.FREDERICK COUNTY, VIRGINIA, ONLINE TAX MAP ASSESSMENTDATABASE.2.MAP ENTITLED "FIRM, FLOOD INSURANCE RATE MAP, FREDERICKCOUNTY, VIRGINIA AND INCORPORATED AREAS", PANEL 210 OF 375, MAPNUMBER 51069C0210E, MAP EFFECTIVE DATE JANUARY 29, 2021.THIS "ALTA/NSPS LAND TITLE SURVEY, THE LANDS OF LANDS OFRUTHERFORD FARM, LLC AS RECORDED IN INSTRUMENT NO.050006702, WAS COMPLETED UNDER MY SUPERVISION FROMAN ACTUAL GROUND SURVEY; THAT THE DATA WAS OBTAINEDMAY 9, 2025 THROUGH MAY 10, 2025 AND THAT THIS PLAT, MAP,OR DIGITAL GEOSPATIAL DATA, INCLUDING METADATA MEETSMINIMUM ACCURACY STANDARDS UNLESS OTHERWISE NOTED.TO: WINCHESTER BF BTS RETAIL, LLC AND BRIDGESTONE RETAILOPERATIONS, LLC, AND FIRST AMERICAN TITLE INSURANCE COMPANYAND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS OF EACH;THIS IS TO CERTIFY THAT THIS MAP OR PLAT AND THE SURVEYON WHICH IT BASED WERE MADE IN ACCORDANCE WITH THE2021 MINIMUM STANDARD DETAIL REQUIREMENTS FORALTA/NSPS LAND TITLE SURVEYS, JOINTLY ESTABLISHED ANDADOPTED BY ALTA AND NSPS, AND INCLUDES ITEMS 1, 2, 3, 4, 5,6(a), 6(b), 7(a), 7(b)(1), 7(c), 8, 9, 11, 10, 13, 14, 16, 17, 18 & 19 OFTABLE A THEREOF. THE FIELD WORK WAS COMPLETED ONMAY 10, 2025.JUNE 16, 2025TITLE NOTESCOMMITMENT NO. NCS-1256577-CLEPID:43-A-100F