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Home My WebLink About17-06 Proffers 31.. Sincerely, April 15, 2009 Mr. Charles S. DeHaven Jr. County of Frederick 2075 Martinsburg Pike Winchester VA 22603 -4715 Mr. Mark R. Cheran Zoning Administrator County of Frederick Department of Planning an 107 North Kent Street, Suit Winchester, VA 22601 -500 Jack Waghorn Rutherford Farm, LLC Enc. $250,000.00 check A V NVRetail ag DATE t IC) v9 RECEIVED FROM�^� ADDRESS t y 664tYN GiYhO..Ar Au.i. J A ZOIFO l vO "h mdst !bl t rLe Mc DOLLARS 2 SO 000. r FO REN L",r• 4� R .a, cc 1 l OFOR ``yy "[.Vy v.+�.l`y'�`�, CA, Rte t` I dd' Ruz- ACCOUNT AMT. OF ACCOUNT AMT. PAID BALANCE DUE Q CASH CHECK MONEY ORDER RE: Rutherford Farm Rt. 11 Monetary Contribution Bond Termination Dear Mr.'s Dehaven and Cheran: 1 Y Pa Consistent with the proffers for the project referenced above, we are hereby making the required $250,000.00 contribution to Frederick County to be used for transportation improvements within the Martinsburg Pike corridor. This payment represents the satisfaction of all Proffers placed on the property. The road and signalization improvements already completed as part of Rutherford Crossing have accommodated the traffic generated by the development and have improved traffic flow in that area. This monetary contribution, in addition to the improvements already made, should further help ease pre- existing conditions on that corridor and allow the County to plan for future improvements to accommodate economic growth. The businesses at the shopping center are providing goods, services and employment to the area, while generating additional fiscal revenue for the county. We are proud to be making this contribution to the County of Frederick and to be a member of the community and look forward to a continued mutually beneficial relationship. 8230 LEESBURG PIKE SUITE 500 VIENNA, VIRGINIA 22182 (703) 734 -9839 fax: (703) 734 -0410 No. 1105 APR 1 6 2009 L Grcenway Engineering 5.) Route 11 and Interstate 81 Northbound On -Ramp Improvements The Applicant, Rutherford Farm, LLC, (Tax Parcel #43 -((A)) -100), hereby agrees to construct a third southbound lane on U.S. Route 11 from the primary entrance to the Property located on Tax Parcel #43 -((A)) -100 to the Interstate 81 Exit 317 northbound on -ramp. These improvements will include a 12' wide lane of approximately 600 linear feet in length to serve as a continuous right turn lane for the Interstate 81 Exit 317 northbound on -ramp. Additionally, the Applicant, Rutherford Farm, LLC, will construct turning radius improvements at the Interstate 81 Exit 317 northbound on -ramp to ensure a smooth transition. The improvements shall be completed within one year following approval of the first site plan submitted within the B -2, Business General portion of the Property, and in any event, prior to the issuance of the first occupancy permit on the Property. 6.) Monetary Contributions for Route 11 Corridor The Applicant, Rutherford Farm, LLC, (Tax Parcel #43 -((A)) -100), hereby agrees to provide $250,000.00 to Frederick County within 18 months of final site plan approval for the first site plan submitted within the B -2, Business General portion of the Property to be utilized unconditionally for transportation studies or physical improvements within the Martinsburg Pike corridor. Additionally, the Applicant, Rutherford Farm, LLC, agrees to allow Frederick County to utilize this monetary contribution as matching funds for federal or state transportation improvement grants that will apply to the Martinsburg Pike corridor. D.) Historic Resource 1.) Interpretative Signs April 5, 2004 Revised September 5, 2006 Revised October 26, 2006 Revised November 7, 2006 Revised November 29; 2006 Revised December 21, 2006 Revised January 17, 2007 Rutherford Crossing Rezoning The Applicant, Rutherford Farm, LLC, (Tax Parcel #43 -((A)) -100), hereby proffers to provide an interpretive area in the location of the old Rutherford's Farm House along Martinsburg Pike (U.S. Route 11 North) as identified on the Master Development Plan dated December 21, 2006 prepared by Bury+Partners. A public access easement will be provided for the interpretative sign viewing area, which shall be enhanced with picnic tables and landscaping. The public access easement will be prepared and the proposed improvements will be constructed in conjunction with the site plan that is approved adjacent to this area. Three interpretative plaques will be provided. They are as follows: 0 0 to 0] 2 2 E PAY ORDER OF k�� n�y D wo hvncre_d BESS BRANCH BANKING AND TRUST COMPANY 1 -000-BANK BBT BBT.com FOR 21 hel6�(� Crn5S[n RUTHERFORD FARM LLC 07/07 NVRETAIL INC 11450 BARON CAMERON AVE BS. 703- 796 -1800 RESTON, VA 20190 -3637 It s �I tea //°00005062/» 1:05 L4042601:000523 774661' a Action: PLANNING COMMISSION: December 6, 2006 Recommended Denial BOARD OF SUPERVISORS: January 24, 2007 l APPROVED DENIED PDRes. #09 -07 AN ORDINANCE AMENDING THE ZONING DISTRICT MAP REZONING #17 -06 OF RUTHERFORD CROSSING WHEREAS, Rezoning #17 -06 of Rutherford Crossing, submitted by Greenway Engineering, to rezone 22.45 acres from B3 (Industrial Transition) District to B2 (General- Business) District and 8:55 acres from M1 (Light Industrial) District to B2 District, totaling 31 acres, with proffers, for a retail center, was considered. The properties are located at the northeast quadrant of the intersection of Interstate 81 (Exit 317) and Martinsburg Pike (Route 11) in the Stonewall Magisterial District, and are identified by Property Identification Numbers 43 -A -99 and 43 -A -100. An additional property to be subject to proffers, but not to be rezoned, is identified by Property Identification Number 43 -A -98. This property is located east of Interstate 81, approximately 1,500 feet north of the intersection of Interstate 81 and Martinsburg Pike (Route 11) in the Stonewall Magisterial District. WHEREAS, the Planning Commission held a public hearing on this rezoning on December 6, 2006; and WHEREAS, the Board of Supervisors held a public hearing on this rezoning on January 24, 2007; and WHEREAS, the Frederick County Board of Supervisors finds the approval of this rezoning to be in the best interest of the public health, safety, welfare, and in conformance with the Comprehensive Policy Plan; NOW, THEREFORE, BE IT ORDAINED by the Frederick County Board of Supervisors that Chapter 165 of the Frederick County Code, Zoning, is amended to revise the Zoning District Map to change 22.45 acres from B3 (Industrial Transition) District to B2 (General Business) District and 8.55 acres from M1 (Light Industrial) District to B2 District, totaling 31 acres, with proffers, for a retail center, as described by the application and plat submitted, subject to the attached conditions voluntarily proffered in writing by the applicant and the property owners. PDRes. #09 -07 This ordinance shall be in effect on the date of adoption. Philip A. Lemieux ha Passed this 24th day of January, 2007 by the following recorded vote: Richard C. Shickle, Chairman Aye Barbara E. Van Osten Aye Gary Dove A y e Bill M. Ewing Aye Gene E. Fisher A y e Charles S. DeHaven, Jr. Aye A COPY ATTEST Johh Riley, Jf. Frederick County Administrator Greenway Engineering RECORD OWNER: APPLICANT: PROJECT NAME: ORIGINAL DATE OF PROFFERS: Recitals Rutherford Crossing April 5, 2004 Revised September 5, 2006 Revised October 26, 2006 Revised November 7, 2006 Revised November 29, 2006 Revised December 21, 2006 Revised January 17, 2007 THIS AMENDED AND RESTATED PROFFER STATEMENT MADE AS TO THE RUTHERFORD CROSSING PROJECT (formerly Rutherford's Farm Industrial Park) Rutherford Farm, LLC; Virginia Apple Storage, Inc.; C. Robert Solenberger; John S. Scully, IV; John B. Schroth April 5, 2004 "the 2004 Proffer Statement REVISION DATE: January 17, 2007 "the 2006 Proffer Statement Rutherford Crossing Rezoning JAN 2 2 2007 REZONING: RZ# 17 -06 B -3, Industrial Transition District (22.45± acres) and M -1, Light Industrial District (8.55± acres) to B -2, Business General District (31.0± acres) PROPERTY: 138.68± acres; Tax Parcels #43- ((A)) -98, 43- ((A)) -99, 43 -((A)) -100, (here -in after the "Property Rutherford Farm, LLC (Owner of 22.45± acres, being a portion of Tax Parcel 43 -((A)) -100 and Contract Purchaser for 8.55± acres, being a portion of Tax Parcel 43-((A))-99 (here -in after the "Applicant WHEREAS, C. Robert Solenberger, John S. Scully, IV, and John B. Schroth are the successors in interest to Rutherford, LLC, a Virginia limited liability company which originally made the Proffer Statement for Rutherford's Farm Industrial Park dated April 5, 2004 (the 2004 Proffer Statement); and, WHEREAS, the Monetary Contribution To Offset Impact Of Development in the amount of $10,000.00 has heretofore been paid pursuant to the 2004 Proffer Statement; and, Greenway Engineering WHEREAS, all other proffers contained in the 2004 Proffer Statement have agreed to be provided by the Applicant and the Record Owner of each tax parcel as set forth in this, the 2006 Proffer Statement, without further obligation to Tax Parcel #43 -((A)) -111. Preliminary Matters A.) The 2004 Proffer Statement is hereby terminated and in lieu of the same, this 2006 Proffer Statement is made. B.) Pursuant to Section 15.2 -2296 Et. Seq. of the Code of Virginia, 1950, as amended, and the provisions of the Frederick County Zoning Ordinance with respect to conditional zoning, the undersigned Applicant and Record Owners hereby proffer that in the event the Board of Supervisors of Frederick County, Virginia, shall approve Rezoning Application 17 -06 for the rezoning of a 22.45± -acre portion of Tax Parcel 43 -((A)) -100 from B -3, Industrial Transition District to B -2, Business General District and a 8.55± -acre portion of Tax Parcel 43- ((A)) -99 from M -1, Light Industrial District to B -2 Business General District, and to reconfigure the M -1, Light Industrial District, and B -2, Business General District zoning boundaries for the remainder of the acreage to establish the following: Zoning Districts April 5, 2004 Revised September 5, 2006 Revised October 26, 2006 Revised November 7, 2006 Revised November 29, 2006 Revised December 21, 2006 Revised January 17, 2007 79.03± -acres of M -1, Light Industrial District 59.65± -acres of B -2, Business General District Overlay District 138.68± acres of IA, Interstate Area Overlay District Rutherford Crossing Rezoning Development of the subject property shall be done in conformity with the terms and conditions set forth herein, except to the extent that such terms and conditions may be subsequently amended or revised by the Applicant and Record Owners and such be approved by the Frederick County Board of Supervisors in accordance with the said Code and Zoning Ordinance. In the event that such rezoning is not granted, then these proffers shall be deemed withdrawn and have no effect whatsoever. These proffers shall be binding upon this applicant and their legal successors, heirs, or assigns. The subject Property more particularly described as the lands owned by Virginia Apple Storage, Inc., being all of Tax Parcel 43- ((A)) -98; C. Robert Solenberger, John S. Scully, IV, and John B. Schroth being all of Tax Parcel 43- ((A)) -99; and Rutherford Farm, LLC, being all of Tax Parcel 43 -((A)) -100; and further described by Zoning Exhibit `B" prepared by Bury +Partners, dated January 2007 (see attached Zoning Exhibit `B 2 Greenway Engineering B.) Prohibited Land Uses C.) Transportation Enhancements 1.) Traffic Signalization April 5, 2004 Revised September 5, 2006 Revised October 26, 2006 Revised November 7, 2006 Revised November 29, 2006 Revised December 21, 2006 Revised January 17, 2007 PROFFER STATEMENT A.) Maximum Building Structure Square Feet Truck Stop 5541 Description SIC 3 Rutherford Crossing Rezoning The Applicant, Rutherford Farm, LLC (Tax Parcel #43 -((A)) -100), and the Record Owners, Virginia Apple Storage, Inc., (Tax Parcel #43- ((A)) -98); C. Robert Solenberger, John S. Scully, IV, and John B. Schroth (Tax Parcel #43- ((A)) -99), hereby proffer to limit the total building structures to 1,245,000 square feet for the entire Property. The Applicant, Rutherford Farm, LLC (Tax Parcel #43 -((A)) -100), hereby proffer that the following land uses shall not be permitted on the B -2, Business General District portion of the Property: (Excluding Truck Stops, all other uses within SIC Code 5541 are hereby acceptable and included on the B -2, Business General District portion of the Property) The Applicant, Rutherford Farm, LLC (Tax Parcel #43 -((A)) -100), hereby agrees to the following transportation enhancements: a.) A traffic signal will be installed by the Applicant when warranted by the Virginia Department of Transportation "VDOT at the intersection of Martinsburg Pike (U.S. Route 11 North) and the proposed primary entrance to the Property in the configuration and design as approved by VDOT. The Applicant shall enter into and execute a signalization agreement prior to the issuance of the first occupancy permit within the B -2, Business General District acreage on the Property. Greenway Engineering 2.) Site Access Improvements April 5, 2004 Revised September 5, 2006 Revised October 26, 2006 Revised November 7, 2006 Revised November 29, 2006 Revised December 21, 2006 Revised January 17, 2007 4 Rutherford Crossing Rezoning b.) A traffic signal will be installed by the Applicant when warranted by VDOT at the southbound on and off ramps of the Interstate 81 Exit 317 interchange and Martinsburg Pike (U.S. Route 11 North) in the configuration and design as approved by VDOT. The Applicant shall enter into and execute a signalization agreement prior to the issuance of the first occupancy permit within the B -2, Business General District acreage on the Property. c.) A traffic signal will be installed by the Applicant when warranted by VDOT at the intersection of Martinsburg Pike with the northbound on -ramp of the Interstate 81 Exit 317 interchange and Redbud Road (Route 661) in the configuration and design as approved by VDOT. This traffic signal shall be designed to accommodate the relocation of the Interstate 81 northbound off ramp at a cross intersection with the existing Interstate 81 northbound on- ramp. The Applicant shall enter into and execute a signalization agreement prior to the issuance of the first occupancy permit within the B -2, Business General District acreage on the Property. d.) Prior to the installation of the traffic signals provided for in this section, the Applicant hereby agree to prepare a signalization timing analysis for all existing and proposed traffic signals located along Martinsburg Pike between the proposed primary entrance to the Property and Crown Lane. The Applicant will provide this analysis to VDOT and will incur the cost required to reconfigure the signalization timing for each traffic signal identified in the section if warranted by VDOT. The Applicant, Rutherford Farm, LLC (Tax Parcel #43 -((A)) -100) hereby agrees to limit the total number of entrances for site access along Martinsburg Pike to one full entrance and two right in/right -out entrances. The spacing between the centerline of all proposed entrances along Martinsburg Pike shall be a minimum of 500 feet. Additionally, the Applicant agrees to fully fund and construct travel lane and turn lane improvements along northbound and southbound Martinsburg Pike in substantial conformity to the transportation improvement exhibit identified on the Master Development Plan dated December 21, 2006 prepared by Bury +Partners no later than December 31, 2007. Greenway Engineering April 5, 2004 Revised September 5, 2006 Revised October 26, 2006 Revised November 7, 2006 Revised November 29, 2006 Revised December 21, 2006 Revised January 17, 2007 3.) Right of Way Dedication and Reservation 5 Rutherford Crossing Rezoning a.) The Applicant, Rutherford Farm, LLC (Tax Parcel #43 -((A)) -100) hereby agrees to reserve right of way without financial compensation for the benefit of the Commonwealth of Virginia along Martinsburg Pike (U.S. Route 11 North) to implement the Rutherford's Farm Route 11 Public Improvements Plan approved by VDOT on February 17, 2004. In the event the Commonwealth of Virginia requests the reservation to be dedicated, the Applicant, Rutherford Farm, LLC, shall prepare and execute a deed of dedication and a right -of -way dedication plat to be provided to VDOT for signature within 90 days of said request. b.) The Applicant, Rutherford Farm, LLC (Tax Parcel #43 -((A)) -100, and the Record Owner, Virginia Apple Storage, Inc., (Tax Parcel #434(A)) -98) hereby agree to reserve right of way without financial compensation for the benefit of the Commonwealth of Virginia along Interstate 81 as shown on Interstate 81 Improvement Study VDOT Project No. 0081- 968 -F11, PE -100 MP 305 to West Virginia State Line Frederick County, dated November 1998 (specifically noted on Sheet 24 of said study). In the event the Commonwealth of Virginia requests the reservation to be dedicated, the Applicant, Rutherford Farm, LLC and the Record Owner, Virginia Apple Storage, Inc., shall prepare and execute a deed of dedication and a right -of- way dedication plat to be provided to VDOT for signature within 90 days of said request. c.) The Record Owners, C. Robert Solenberger, John S. Scully, IV, and John B. Schroth (Tax Parcel #43- ((A)) -99), hereby agree to prepare and execute a deed of dedication and a right -of -way dedication plat for the benefit of Frederick County within 90 days of request by the County for the land located within the 350 -foot wide Route 37 corridor on Tax Parcel #43- ((A)) -99 as demonstrated on the Frederick County Route 37 R.O.W. Map and further identified on Zoning Exhibit `B" prepared by Bury+Partners, dated January 2007. Additionally, the Record Owners, C. Robert Solenberger, John S. Scully, IV, and John B. Schroth (Tax Parcel #43- ((A)) -99), hereby agree to prepare and execute a deed of dedication and a right -of -way dedication plat for the benefit of Frederick County within 90 days of request by the County for the land located outside of the 350 -foot wide Route 37 corridor on Tax Parcel #43- ((A)) -99 as demonstrated on the Frederick County Route 37 R.O.W. Map and further identified on Zoning Exhibit `B" prepared by Bury+Partners, dated January 2007. Should the final location of the Route 37 corridor result in any portion of the land on Tax Parcel #43- ((A)) -99 proposed for dedication not being needed, then the land not needed shall be released in writing by the County from the dedication specified above. Greenway Engineering April 5, 2004 Revised September 5, 2006 Revised October 26, 2006 Revised November 7, 2006 Revised November 29, 2006 Revised December21, 2006 Revised January 17, 2007 4.) Comprehensive Plan Road Construction 6 Rutherford Crossing Rezoning d.) The Record Owner, Virginia Apple Storage, Inc., (Tax Parcel #43- ((A)) -98), hereby agrees to prepare and execute a deed of dedication and a right -of -way dedication plat for the benefit of Frederick County within 90 days of request by the County for the land located outside of the 350 -foot wide Route 37 corridor on Tax Parcel #43-((AD-98 as demonstrated on the Frederick County Route 37 R.O.W. Map as an Interstate 81 northbound off -ramp to Route 37 and further identified on Zoning Exhibit `B prepared by Bury +Partners, dated January 2007. Should the final location of the Route 37 corridor result in any portion of the land on Tax Parcel #43- ((A)) -98 proposed for dedication not being needed, then the land not needed shall be released in writing by the County from the dedication specified above. The Applicant, Rutherford Farm, LLC, (Tax Parcel #43 -((A)) -100), hereby agrees to coordinate, dedicate, and construct the major collector road between the primary entrance to the Property and the first intersection on Tax Parcel 43- ((A))- 99; as well as coordinate, dedicate, and construct the road section from this intersection to Tax Map Parcel 43 -((A)) -111 that will be located in substantial conformity with the internal road network identified on the Zoning Exhibit "B" prepared by Bury +Partners dated January 2007 and attached as a proffered exhibit. The location of the major collector road and the internal road network identified on Zoning Exhibit `B" prepared by Bury +Partners dated January 2007 shall replace the major collector road and the internal road network identified on the Rutherford's Farm Industrial Park Master Development Plan approved by Frederick County on November 22, 2002. The Applicant, Rutherford Farm, LLC, further agrees that it will use reasonable commercial effort and diligently pursue the construction of the road sections described in this paragraph to base pavement and made available for public access no later than December 31, 2007. The remaining portion of the major collector road system which intersects the major collector road system described in the above paragraph and proceeds in a west to northwest direction through the Property, as well as the internal street located to the south of the major collector road described in the above paragraph will be incorporated in and constructed with each site plan submission that is adjacent to or is part of the site plan. The location of these internal road systems will be located in substantial conformity with the internal road network identified on the Zoning Exhibit `B" prepared by Bury +Partners dated January 2007 and attached as a proffered exhibit. Greenway Engineering D.) Historic Resource 1.) Interpretative Signs April 5, 2004 Revised September 5, 2006 Revised October 26, 2006 Revised November 7, 2006 Revised November 29, 2006 Revised December 21, 2006 Revised January 17, 2007 5.) Route 11 and Interstate 81 Northbound On -Ramp Improvements The Applicant, Rutherford Farm, LLC, (Tax Parcel #43 -((A)) -100), hereby agrees to construct a third southbound lane on U.S. Route 11 from the primary entrance to the Property Located on Tax Parcel #43 -((A)) -100 to the Interstate 81 Exit 317 northbound on -ramp. These improvements will include a 12' wide lane of approximately 600 linear feet in length to serve as a continuous right turn lane for the Interstate 81 Exit 317 northbound on -ramp. Additionally, the Applicant, Rutherford Farm, LLC, will construct turning radius improvements at the Interstate 81 Exit 317 northbound on -ramp to ensure a smooth transition. The improvements shall be completed within one year following approval of the first site plan submitted within the B -2, Business General portion of the Property, and in any event, prior to the issuance of the first occupancy permit on the Property. 6.) Monetary Contributions for Route 11 Corridor The Applicant, Rutherford Farm, LLC, (Tax Parcel #43 -((A)) -100), hereby agrees to provide $250,000.00 to Frederick County within 18 months of final site plan approval for the first site plan submitted within the B -2, Business General portion of the Property to be utilized unconditionally for transportation studies or physical improvements within the Martinsburg Pike corridor. Additionally, the Applicant, Rutherford Farm, LLC, agrees to allow Frederick County to utilize this monetary contribution as matching funds for federal or state transportation improvement grants that will apply to the Martinsburg Pike corridor. The Applicant, Rutherford Farm, LLC, (Tax Parcel #43 -((A)) -100), hereby proffers to provide an interpretive area in the location of the old Rutherford's Farm House along Martinsburg Pike (U.S. Route 11 North) as identified on the Master Development Plan dated December 21, 2006 prepared by Bury +Partners. A public access easement will be provided for the interpretative sign viewing area, which shall be enhanced with picnic tables and landscaping. The public access easement will be prepared and the proposed improvements will be constructed in conjunction with the site plan that is approved adjacent to this area. Three interpretative plaques will be provided. They are as follows: 7 Rutherford Crossing Rezoning Greenway Engineering The Second Battle of Winchester The Battle of Rutherford's Farm The Rutherford's Farm House The interpretative signs will contain language and pictures acceptable to the Frederick County Historic Resources Advisory Board. The maintenance of the interpretative signs, picnic tables, landscaping and public parking for the interpretative sign viewing area shall be the responsibility of the Rutherford Crossing Association, Inc., a non -stock corporation to be established by the Applicant, Rutherford Farm, LLC, within 60 days of final rezoning approval. 2.) Landscaping The Applicant, Rutherford Farm, LLC, (Tax Parcel #43 -((A)) -100), hereby agrees to provide a transitional landscape buffer that will be provided along Martinsburg Pike (U.S. Route 11 North) as identified on the Master Development Plan dated December 21, 2006 prepared by Bury +Partners. This landscape easement will be 15' in width and will consist of a low earthen mound of 2 -3' in height with plantings of ground covers, flowers, grasses, shrubs and trees in general conformity with the landscape buffer typical section provided on the Master Development Plan. The landscape buffer will be installed during the construction of the first structure within the B -2 District portion of the Property, and will be maintained by the Rutherford Crossing Association. 3.) Property Name April 5, 2004 Revised September 5, 2006 Revised October 26, 2006 Revised November 7, 2006 Revised November 29, 2006 Revised December 21, 2006 Revised January 17, 2007 The Applicant, Rutherford Farm, LLC (Tax Parcel #43 4(A)) -100), and the Record Owners, Virginia Apple Storage, Inc., (Tax Parcel #43- ((A)) -98); C. Robert Solenberger, John S. Scully, IV, and John B. Schroth (Tax Parcel #43- ((A))-99), hereby proffer the naming of the Property to: "Rutherford Crossing" 8 Rutherford Crossing Rezoning Greenway Engineering F.) Signage G.) Recycling Proffer April 5, 2004 Revised September 5, 2006 Revised October 26, 2006 Revised November 7, 2006 Revised November 29, 2006 Revised December 21, 2006 Revised January 17, 2007 E.) Lighting The Applicant, Rutherford Farm, LLC, (Tax Parcel #43 -((A)) -100), hereby agrees that all building mounted lights and pole- mounted lights will be of a downcast nature, hooded and directed away from adjacent properties surrounding the proposed project. The Applicant, Rutherford Farm, LLC, will submit lighting plans as a separate attachment for review and approval by the Frederick County Planning Department prior to the installation of these lighting features. 1.) The Applicant, Rutherford Farm, LLC, (Tax Parcel #43 -((A)) -100), hereby proffers that all freestanding business signs located at the entrances to the Property along Martinsburg Pike shall be monument -style signs not to exceed 12' in height. 2.) Within the IA (Interstate Area Overlay) District located throughout the limits of the Property, the Applicant, Rutherford Farm, LLC, (Tax Parcel #43 -((A)) -100), and the Record Owners, Virginia Apple Storage, Inc., (Tax Parcel #43- ((A)) -98), C. Robert Solenberger, John S. Scully, IV, and John B. Schroth, (Tax Parcel #43- ((A))-99), hereby proffer to limit the total number of signs to three. The Record Owners, Virginia Apple Storage, Inc., (Tax Parcel #43- ((A)) -98), C. Robert Solenberger, John S. Scully, IV, and John B. Schroth, (Tax Parcel #43-((AD- 99), hereby agree to implement recycling programs with each industrial user to ensure appropriate waste reduction, disposal, and recycling of any waste or byproduct material. The program for each industrial user will be reviewed and subject to approval by the Frederick County Recycling Coordinator prior to the issuance of a final occupancy permit for each industrial user. 9 Rutherford Crossing Rezoning Oreenway Engineering Signatures The conditions proffered above shall be binding upon the heirs, executors, administrators, assigns and successors in the interest of the Applicant and Record Owner. In the event the Frederick County Board of Supervisors grants this rezoning and accepts the conditions, the proffered conditions shall apply to the land rezoned in addition to other requirements set forth in the Frederick County Code. Respectfully Submitted: By: Rutherford Farrn, LLC Tax Parcel #43 -((A)) -100 April 5, 2004 Revised September 5, 2006 Revised October 26, 2006 Revised November 7, 2006 Revised November 29, 2006 Revised December 21, 2006 Revised January 17, 2007 My Commission Expires ft24f112 2/, 2 b 10 \O Date Rutherford Crossing Rezoning Commonwealth of Virginia, City/County of c To Wit: The foregoing instrument was acknowledged before me this F day of l 200*'fiy 1Jit t.1.gp F%. I )t- Notary Public Greway Engineering April 5, 200.1 erford Crossing Rezoning m Revised September 5, 2006 Revised October 26, 2006 Revised November7, 2006 Revised November 29, 2006 Revisal December 21, 2006 Revised January 17, 2007 Signatures The conditions proffered above shall be binding upon the heirs, executors, administrators, assigns and successors in the interest of the Record Owner. In the event the Frederick County Board of Supervisors grants this rezoning and accepts the conditions, the proffered conditions shall apply to the land rezoned in addition to other requirements set forth in the Frederick County Code. Respectfully Submitted: B QUZ v., //9/6)- Virginia Apple Storage, Inc. Date Tax Parcel #43- ((A))-98 Commonwealth of Virginia, 1 City /eountyof \A )1ci1 P SI e VA To Wit: ih The foregoing instrument was acknowledged before me this 9 day of JA Y1 U G r‘( 2006by DiOCfl V'QTYIS My Commission Expires R Polo 11 Greenway Engineering Signatures The conditions proffered above shall be binding upon the heirs, executors, administrators, assigns and successors in the interest of the Record Owner. In the event the Frederick County Board of Supervisors grants this rezoning and accepts the conditions, the proffered conditions shall apply to the land rezoned in addition to other requirements set forth in the Frederick County Code. Respectfully Submitted: April 5, 2004 Rcvised September 5, 2006 Revised OCmbcr 26,2006 Revisal November 7, 2006 Revised November 29. 2006 Revised December 21, 2006 Revised January 17, 2007 By: U -l� C. Robert Solenberger Date Tax Parcel #43- ((A)) -99 Commonwealth of Virginia, City /enne4yof NA) \i‘ Pc, e -`4A To Wit: The foregoing instrument was acknowledged before me this day of IA a ri C. er So \erer 2006 by My Commission Expires A 3o -ao ∎0 12 �matmd Crossing Rezoning Granny Engineering Signatures Respectfully Submitted: By: to 'S: Scully, IV Tdk Parcel #434(A)) -99 April 5. 2004 Revised Septemba' 5, 2006 Revised October 26, 2006 Revised November 7, 2006 Revised Novcmhs 19, 2006 Revised December 21, 2006 Revised January 17, 2007 My Commission Expires C I 3 0 m9 01n 13 Date Rutafad Crossing Rezoning The conditions proffered above shall be binding upon the heirs, executors, administrators, assigns and successors in the interest of the Record Owner. In the event the Frederick County Board of Supervisors grants this rezoning and accepts the conditions, the proffered conditions shall apply to the land rezoned in addition to other requirements set forth in the Frederick County Code. Commonwealth of \•1• Virginia, City/Eetts of _Wits j e r A To Wit: The foregoing instrument was acknowledged before me this patt of `,a tt a ft r t 2006by Jo \In S Scul l Grcenwey Ggineesmg Signatures April 5,2004 Revised September 5, 2006 Revised October 26, 2106 Revisal November 7. 2C06 Revise0 November 29, 2006 Revised December 21, 2006 Revised January 17, 2007 The conditions proffered above shall be binding upon the heirs, executors, administrators, assigns and successors in the interest of the Record Owner. In the event the Frederick County Board of Supervisors grants this rezoning and accepts the conditions, the proffered conditions shall apply to the land rezoned in addition to other requirements set forth in the Frederick County Code. Respectfully Submitted: By: 2006 by 8 2_ /John B. Schroth Date Tax Parcel #43- ((A)) -99 Commonwealth of Virginia, City Duct of Nt t Yt r,1 P7\ Cr l VA To Wit: Rutherford Crossing Rezoning Th The foregoing instrument was acknowledged before me this 1q day of `'0 r U Q Yy 0\1 v\ 1 "J cl Yq� h My Commission Expires 30 -a on 14 1( LL J Notary Public 6 1 3. Ib.63.t55 1 1 L' f9t 3.0e,DC.IDS r 3.6S,CC ASS ,LL CZS (9S-99L 1 1 1 1 1 ILA 111' ^y N\ O O 1 0 7 CO 0 co N m D 0 0 (31 W 0 N z D SHEET 1 OF 2 sane. 1" 400' Dote: JANUARY 2007 Designed by: TP Drown by: RP Checked by: KP Project No. 20225 -01 RUTHERFORD'S FARM INDUSTRIAL PARK ZONING EXHIBIT EXISTING ZONING "Ae STONEWALL MAGISTRIAL DISTRICT FREDRICK COUNTY, VIRGINIA Bury +Partners ENGINEERING SOLUTIONS Consulting Engineers and Surveyors 3810 Concorde Parkway, Suite 1000 Chantilly,Virginia 20151 Tel 703/966 -9090 Fax 703/966 4066 Bury +Partnerre -VA. Inc. ®Copyright 2006 G:\ 20225- NVRetait\01 -W inchester\Exh\ZONING EXHIBIT A.dwg, Layoutl, 1/18/2007 9:22:37 AM, kpullen, 1:1 0 O N 0 Z G A m 0 0 0 N m rJ CP 0 CO 0 0 z to 0) 0 0 (1 N 00 cn no tO m u CA m 4- 0 w NJ CO CO 0 OD z O 0 m C.1 CO m 00 0] r) NJ N 0 W C 03 03 a 0 P1 0 z x 0 0 0 0 4 'o 0 SHEET CO 0 OF 2 0 0 (0 0 P score: 1" 400' Dote: JANUARY 2007 Designed by: KP Checked by: TP Drown by: RP B 3.04,ZC.LSS Project No 20225 -0 ZONING EXHIBIT "B" PROPOSED ZONING o a RUTHERFORD CROSSING A 0 STONEWALL MAGISTRIAL DISTRICT FREDRICK COUNTY, VIRGINIA F g. I 1 O n 64'106 1"1 1a1 11 ca oo gD 0 rr CO N n J 0 D ern arragg o a A a m On o Sr iyn i ~0 ZS -1 Bury +Partners E N G I N E E R I N G SOLUTIONS Consulting Engineers and Surveyors 3810 Concorde Parkway, Suite 1000 ChantiUy,Virginia 29151 Tel 703/968 -9090 Fax 703/968 -4668 Bury*Partners -VA, Inc. ®Copyright 2008 Greenway Engineering RECORD OWNER: APPLICANT: PROJECT NAME: ORIGINAL DATE OF PROFFERS: Recitals THIS AMENDED AND RESTATED L PROFFER STATEMENT MADE AS TO THE RUTHERFORD CROSSING PROJECT (formerly Rutherford's Farm Industrial Park) Rutherford Crossing April 5, 2004 Revised September 5, 2006 Revised October 26, 2006 Revised November 7, 2006 Revised November 29, 2006 Revised December 21, 2006 April 5, 2004 "the 2004 Proffer Statement REVISION DATE: December 21, 2006 "the 2006 Proffer Statement t Rutherford Crossing Rezoning Rutherford Farm, LLC; Virginia Apple Storage, Inc.; C. Robert Solenberger; John S. Scully, IV; John B. Schroth REZONING: RZ# 17 -06 B -3, Industrial Transition District (22.45± acres) and M -1, Light Industrial District (8.55± acres) to B -2, Business General District (31.0± acres) PROPERTY: 138.68± acres; Tax Parcels #43- ((A)) -98, 43- ((A)) -99, 43 -((A)) -100, (here -in after the "Property Rutherford Farm, LLC (Owner of 22.45± acres, being a portion of Tax Parcel 43- ((A)) -99 and Contract Purchaser for 8.55± acres, being a portion of Tax Parcel 43 -((A)) -100 (here -in after the "Applicant WHEREAS, C. Robert Solenberger, John S. Scully, IV, and John B. Schroth are the successors in interest to Rutherford, LLC, a Virginia limited liability company which originally made the Proffer Statement for Rutherford's Farm Industrial Park dated April 5, 2004 (the 2004 Proffer Statement); and, WHEREAS, the Monetary Contribution To Offset Impact Of Development in the amount of $10,000.00 has heretofore been paid pursuant to the 2004 Proffer Statement; and, u V• JAN 5 2007 Greenway Engineering WHEREAS, all other proffers contained in the 2004 Proffer Statement have agreed to be provided by the Applicant and the Record Owner of each tax parcel as set forth in this, the 2006 Proffer Statement, without further obligation to Tax Parcel #43 -((A)) -111. Preliminary Matters April 5, 2004 Revised September 5, 2006 Revised October 26, 2006 Revised November 7, 2006 Revised November 29, 2006 Revised December 21, 2006 Rutherford Crossing Rezoning A.) The 2004 Proffer Statement is hereby terminated and in lieu of the same, this 2006 Proffer Statement is made. B.) Pursuant to Section 15.2 -2296 Et. Seq. of the Code of Virginia, 1950, as amended, and the provisions of the Frederick County Zoning Ordinance with respect to conditional zoning, the undersigned Applicant and Record Owners hereby proffer that in the event the Board of Supervisors of Frederick County, Virginia, shall approve Rezoning Application 17 -06 for the rezoning of a 22.45± -acre portion of Tax Parcel 43 -((A)) -100 from B -3, Industrial Transition District to B -2, Business General District and a 8.55± -acre portion of Tax Parcel 43- ((A)) -99 from M -1, Light Industrial District to B -2 Business General District, and to reconfigure the M -1, Light Industrial District, and B -2, Business General District zoning boundaries for the remainder of the acreage to establish the following: Zoning Districts 79.03± -acres of M -1, Light Industrial District 59.65± -acres of B -2, Business General District Overlay District 138.68± acres of IA, Interstate Area Overlay District Development of the subject property shall be done in conformity with the terms and conditions set forth herein, except to the extent that such terms and conditions may be subsequently amended or revised by the Applicant and Record Owners and such be approved by the Frederick County Board of Supervisors in accordance with the said Code and Zoning Ordinance. In the event that such rezoning is not granted, then these proffers shall be deemed withdrawn and have no effect whatsoever. These proffers shall be binding upon this applicant and their legal successors, heirs, or assigns. The subject Property more particularly described as the lands owned by Virginia Apple Storage, Inc., being all of Tax Parcel 43- ((A)) -98; C. Robert Solenberger, John S. Scully, IV, and John B. Schroth being all of Tax Parcel 43- ((A)) -99; and Rutherford Farm, LLC, being all of Tax Parcel 43 -((A)) -100; and further described by Zoning Exhibit `B" prepared by Bury+Partners, dated December 2006 (see attached Zoning Exhibit `B 2 Greenway Engineering B.) Prohibited Land Uses C.) Transportation Enhancements 1.) Traffic Signalization Description Truck Stop April 5, 2004 Revised September 5, 2006 Revised October 26, 2006 Revised November 7, 2006 Revised November 29, 2006 Revised December 21, 2006 PROFFER STATEMENT A.) Maximum Building Structure Square Feet The Applicant, Rutherford Farm, LLC (Tax Parcel #43 -((A)) -100), and the Record Owners, Virginia Apple Storage, Inc., (Tax Parcel #43- ((A)) -98); C. Robert Solenberger, John S. Scully, IV, and John B. Schroth (Tax Parcel #43- ((A)) -99), hereby proffer to limit the total building structures to 1,245,000 square feet for the entire Property. The Applicant, Rutherford Farm, LLC (Tax Parcel #43 -((A)) -100), and the Record Owners, Virginia Apple Storage, Inc., (Tax Parcel #43- ((A)) -98); C. Robert Solenberger, John S. Scully, IV, and John B. Schroth (Tax Parcel #43- ((A))-99), hereby proffer that the following land uses shall not be permitted on the Property: 3 SIC 5541 Rutherford Crossing Rezoning (Excluding Truck Stops, all other uses within SIC Code 5541 are hereby acceptable and included) The Applicant, Rutherford Farm, LLC (Tax Parcel #43 -((A)) -100), hereby agrees to the following transportation enhancements: a.) A traffic signal will be installed by the Applicant when warranted by the Virginia Department of Transportation "VDOT at the intersection of Martinsburg Pike (U.S. Route 11 North) and the proposed primary entrance to the Property in the configuration and design as approved by VDOT. The Applicant shall enter into and execute a signalization agreement prior to the issuance of the first occupancy permit within the B -2, Business General District acreage on the Property. NQT C J? r PNT 4� Greenway Engineering April 5,2004 Revised September 5, 2006 Revised October 26, 2006 Revised November 7, 2006 Revised November 29, 2006 Revised December 21, 2006 Rutherford Crossing Rezoning b.) A traffic signal will be installed by the Applicant when warranted by VDOT at the southbound on and off ramps of the Interstate 81 Exit 317 interchange and Martinsburg Pike (U.S. Route 11 North) in the configuration and design as approved by VDOT. The Applicant shall enter into and execute a signalization agreement prior to the issuance of the first occupancy permit within the B -2, Business General District acreage on the Property. c.) A traffic signal will be installed by the Applicant when warranted by VDOT at the intersection of Martinsburg Pike with the northbound on -ramp of the Interstate 81 Exit 317 interchange and Redbud Road (Route 661) in the configuration and design as approved by VDOT. This traffic signal shall be designed to accommodate the relocation of the Interstate 81 northbound off ramp at a cross intersection with the existing Interstate 81 northbound on- ramp. The Applicant shall enter into and execute a signalization agreement prior to the issuance of the first occupancy permit within the B -2, Business General District acreage on the Property. d.) Prior to the installation of the traffic signals provided for in this section, the Applicant hereby agree to prepare a signalization timing analysis for all existing and proposed traffic signals located along Martinsburg Pike between the proposed primary entrance to the Property and Crown Lane. The Applicant will provide this analysis to VDOT and will incur the cost required to reconfigure the signalization timing for each traffic signal identified in the section if warranted by VDOT. 2.) Site Access Improvements The Applicant, Rutherford Farm, LLC (Tax Parcel #43 -((A)) -100) hereby agrees to limit the total number of entrances for site access along Martinsburg Pike to one full entrance and two right in/right -out entrances. The spacing between the centerline of all proposed entrances along Martinsburg Pike shall be a minimum of 500 feet. Additionally, the Applicant agrees to fully fund and construct travel lane and turn lane improvements along northbound and southbound Martinsburg Pike in substantial conformity to the transportation improvement exhibit identified on the Master Development Plan dated December 21, 2006 prepared by Bury +Partners no later than December 31, 2007. 4 Greenway Engineering 3.) Right of Way Reservation April 5, 2004 Revised September 5, 2006 Revised October 26, 2006 Revised November 7, 2006 Revised November 29, 2006 Revised December 21, 2006 Rutherford Crossing Rezoning a.) The Applicant, Rutherford Farm, LLC (Tax Parcel #43 4(A)) -100) hereby agrees to reserve right of way without financial compensation for the benefit of the Commonwealth of Virginia along Martinsburg Pike (U.S. Route 11 North) to implement the Rutherford's Farm Route 11 Public Improvements Plan approved by VDOT on February 17, 2004. In the event the Commonwealth of Virginia requests the reservation to be dedicated, the Applicant, Rutherford Farm, LLC, shall prepare a right -of -way dedication plat to be provided to VDOT for signature within 90 days of said request. b.) The Applicant, Rutherford Farm, LLC (Tax Parcel #43 -((A)) -100, and the Record Owner, Virginia Apple Storage, Inc., (Tax Parcel #43- ((A)) -98) hereby agree to reserve right of way without financial compensation for the benefit of the Commonwealth of Virginia along Interstate 81 as shown on Interstate 81 Improvement Study VDOT Project No. 0081 968 -F11, PE -100 MP 305 to West Virginia State Line Frederick County, dated November 1998 (specifically noted on Sheet 24 of said study). In the event the Commonwealth of Virginia requests the reservation to be dedicated, the Applicant, Rutherford Farm, LLC and the Record Owner, Virginia Apple Storage, Inc.,. shall prepare a right -of -way dedication plat to be provided to VDOT for signature within 90 days of said request. c.) The Record Owners, C. Robert Solenberger, John S. Scully, IV, and John B. Schroth (Tax Parcel #43- ((A)) -99), hereby agree to dedicate for the benefit of Frederick County the land located within the 350 -foot wide Route 37 corridor on Tax Parcel #43-((AD-99 as demonstrated on the Frederick County Route 37 R.O.W. Map and further identified on Zoning Exhibit `B" prepared by Bury +Partners, dated December 2006. Additionally, the Record Owners, C. Robert Solenberger, John S. Scully, IV, and John B. Schroth (Tax Parcel #43- ((A))-99), hereby agree to reserve for the benefit of Frederick County the land located outside of the 350 -foot wide Route 37 corridor on Tax Parcel #43- ((A))-99 as demonstrated on the Frederick County Route 37 R.O.W. Map and further identified on Zoning Exhibit `B" prepared by Bury +Partners, dated December 2006 for future financial compensation. Should the final location of the Route 37 corridor result in any portion of the land on Tax Parcel #43- ((A))-99 proposed for dedication and/or reservation not being needed, then the land not needed shall be released from the dedication and/or reservation specified above. 5 NQ QUri t Greenway Engineering April 5,2004 Revised September 5, 2006 Revised October 26, 2006 Revised November 7, 2006 Revised November 29, 2006 Revised December 21, 2006 4.) Comprehensive Plan Road Construction Rutherford Crossing Rezoning The Applicant, Rutherford Farm, LLC, (Tax Parcel #43 -((A)) -100), hereby agrees to coordinate, dedicate, and construct the major collector road between the primary entrance to the Property and the first intersection on Tax Parcel 43- ((A))- 99; as well as coordinate, dedicate, and construct the road section from this intersection to Tax Map Parcel 43 -((A)) -111 that will be located in substantial conformity with the internal road network identified on the Zoning Exhibit "B" prepared by Bury +Partners dated December 2006 and attached as a proffered exhibit. The Applicant, Rutherford Farm, LLC, further agrees that it will use reasonable commercial effort and diligently pursue the construction of the road sections described in this paragraph to base pavement and made available for public access no later than December 31, 2007. The remaining portion of the major collector road system which intersects the major collector road system described in the above paragraph and proceeds in a west to northwest direction through the Property, as well as the internal street located to the south of the major collector road described in the above paragraph will be incorporated in and constructed with each site plan submission that is adjacent to or is part of the site plan. The location of these internal road systems will be located in substantial conformity with the internal road network identified on the Zoning Exhibit `B" prepared by Bury +Partners dated December 2006 and attached as a proffered exhibit. 5.) Route 11 and Interstate 81 Northbound On -Ramp Improvements The Applicant, Rutherford Farm, LLC, (Tax Parcel #43 -((A)) -100), hereby agrees to construct a third southbound lane on U.S. Route 11 from the primary entrance to the Property to the Interstate 81 Exit 317 northbound on -ramp. These improvements will include a 12' wide lane of approximately 600 linear feet in length to serve as a continuous right turn lane for the Interstate 81 Exit 317 northbound on -ramp. Additionally, the Applicant, Rutherford Farm, LLC, will construct turning radius improvements at the Interstate 81 Exit 317 northbound on -ramp to ensure a smooth transition. The improvements shall be completed within one year following approval of the first site plan submitted within the B -2, Business General portion of the Property, and in any event, prior to the issuance of the first occupancy permit on the Property. 6 NOT CURRENT Greenway Engineering D.) Historic Resource 1.) Interpretative Signs April 5, 2004 Revised September 5, 2006 Revised October 26, 2006 Revised November 7, 2006 Revised November 29, 2006 Revised December 21, 2006 6.) Monetary Contributions for Route 11 Corridor The Applicant, Rutherford Farm, LLC, (Tax Parcel #43 -((A)) -100), hereby agrees to provide $250,000.00 to Frederick County within 18 months of final site plan approval for the first site plan submitted within the B -2, Business General portion of the Property to be utilized unconditionally for transportation studies or physical improvements within the Martinsburg Pike corridor. Additionally, the Applicant, Rutherford Farm, LLC, agrees to allow Frederick County to utilize this monetary contribution as matching funds for federal or state transportation improvement grants that will apply to the Martinsburg Pike corridor. The Applicant, Rutherford Farm, LLC, (Tax Parcel #43 -((A)) -100), hereby proffers to provide an interpretive area in the location of the old Rutherford's Farm House along Martinsburg Pike (U.S. Route 11 North) as identified on the Master Development Plan dated December 21, 2006 prepared by Bury+Partners. A public access easement will be provided for the interpretative sign viewing area, which shall be enhanced with picnic tables and landscaping.. The public access easement will be prepared and the proposed improvements will be constructed in conjunction with the site plan that is approved adjacent to this area. Three interpretative plaques will be provided. They are as follows: The Second Battle of Winchester The Battle of Rutherford's Farm The Rutherford's Farm House The interpretative signs will contain language and pictures acceptable to the Frederick County Historic Resources Advisory Board. The maintenance of the interpretative signs, picnic tables, landscaping and public parking for the interpretative sign viewing area shall be the responsibility of the Rutherford Crossing Association, Inc., a non -stock corporation to be established by the Applicant, Rutherford Farm, LLC, within 60 days of final rezoning approval. 7 Rutherford Crossing Rezoning ,R02" cattecrspr Greenway Engineering 2.) Landscaping 3.) Property Name E.) Li htin F.) Signage April 5, 2004 Revised September 5, 2006 Revised October 26, 2006 Revised November 7, 2006 Revised November 29, 2006 Revised December 21, 2006 Rutherford Crossing Rezoning The Applicant, Rutherford Farm, LLC, (Tax Parcel #43 -((A)) -100), hereby agrees to provide a transitional landscape buffer that will be provided along Martinsburg Pike (U.S. Route 11 North) as identified on the Master Development Plan dated December 21, 2006 prepared by Bury +Partners. This landscape easement will be 15' in width and will consist of a low earthen mound of 2 -3' in height with plantings of ground covers, flowers, grasses, shrubs and trees in general conformity with the landscape buffer typical section provided on the Master Development Plan. The landscape buffer will be installed during the construction of the first structure within the B -2 District portion of the Property, and will be maintained by the Rutherford Crossing Association. The Applicant, Rutherford Farm, LLC (Tax Parcel #43 -((A)) -100), and the Record Owners, Virginia Apple Storage, Inc., (Tax Parcel #43- ((A)) -98); C. Robert Solenberger, John S. Scully, IV, and John B. Schroth (Tax Parcel #43- ((A))-99), hereby proffer the naming of the Property to: "Rutherford Crossing" The Applicant, Rutherford Farm, LLC, (Tax Parcel #43 -((A)) -100), hereby agrees that all building mounted lights and pole- mounted lights will be of a downcast nature, hooded and directed away from adjacent properties surrounding the proposed project. The Applicant, Rutherford Farm, LLC, will submit lighting plans as a separate attachment for review and approval by the Frederick County Planning Department prior to the installation of these lighting features. 1.) The Applicant, Rutherford Farm, LLC, (Tax Parcel #43 -((A)) -100), hereby proffers that all freestanding business signs located at the entrances to the Property along Martinsburg Pike shall be monument -style signs not to exceed 12' in height. 8 NOT CURRENT Greenway Engineering April 5, 2004 Revised September 5, 2006 Revised October 26, 2006 Revised November 7, 2006 Revised November 29, 2006 Revised December 21, 2006 Rutherford Crossing Rezoning 2.) Within the IA (Interstate Area Overlay) District located throughout the limits of the Property, the Applicant, Rutherford Farm, LLC, (Tax Parcel #43 -((A)) -100), and the Record Owners, Virginia Apple Storage, Inc., (Tax Parcel #43- ((A)) -98), C. Robert Solenberger, John S. Scully, IV, and John B. Schroth, (Tax Parcel #43- ((A)) -99), hereby proffer to limit the total number of signs to three. G.) Recycling Proffer The Record Owners, Virginia Apple Storage, Inc., (Tax Parcel #43- ((A)) -98), C. Robert Solenberger, John S. Scully, IV, and John B. Schroth, (Tax Parcel #43- ((A))- 99), hereby agree to implement recycling programs with each industrial user to ensure appropriate waste reduction, disposal, and recycling of any waste or byproduct material. The program for each industrial user will be reviewed and subject to approval by the Frederick County Recycling Coordinator prior to the issuance of a final occupancy permit for each industrial user. 9 N(41 CCRREA'T Greenrvay Engineering Signatures The conditions proffered above shall be binding upon the heirs, executors, administrators, assigns and successors in the interest of the Applicant and Record Owner. In the event the Frederick County Board of Supervisors grants this rezoning and accepts the conditions, the proffered conditions shall apply to the land rezoned in addition to other requirements set forth in the Frederick County Code. Respectfully Submitted: By: April 5, 2004 Revisal September 5, 2006 Revised October 26, 2006 Revised November 7, 2006 Revised November 29, 2006 Revised December 21, 2006 arcel #43 4(A) 100 Commonwealth of Virginia, Cit Coun of V ate To Wit: Rutherford Crossing Rezoning The foregoing instrument Z rument was acknowledged before me this day of $ZrxuZ.r% by 52c, l�Ja�n�S f My Commission ExpireschITAX.5 3D, o1" 10 Notary Public NOT CUT w, ENI Greenway Engineering Signatures The conditions proffered above shall be binding upon the heirs, executors, administrators, assigns and successors in the interest of the Record Owner. In the event the Frederick County Board of Supervisors grants this rezoning and accepts the conditions, the proffered conditions shall apply to the land rezoned in addition to other requirements set forth in the Frederick County Code. Respectfully Submitted: B y C7ro« --SW", Virginia Apple Storage, Inc. Tax Parcel #43- ((A)) -98 My Commission Expires April 5, 2004 Revised September 5, 2006 Revised October 26, 2006 Revised November 7, 2006 Revised November 29, 2006 Revised December 21, 2006 Commonwealth of Virginia, Gity/County of To Wit: The foregoing instrument was acknowledged before me thisr of 3 3 0 8' la A9 /ob Date Rutherford Crossing Rezoning j.� CURRENT Greenuay Engineering Signatures The conditions proffered above shall be binding upon the heirs, executors, administrators, assigns and successors in the interest of the Record Owner. In the event the Frederick County Board of Supervisors grants this rezoning and accepts the conditions, the proffered conditions shall apply to the land rezoned in addition to other requirements set forth in the Frederick County Code. Respectfully Submitted: B C JV'° 'G✓11l�f✓ C. Robert Solenberger Tax Parcel #43- ((A)) -99 Commonwealth of Virginia, City/Eevty n of 12 mt., y�l s i/G. The foregoing instrument was acknowledged e. /eo� A c Ce 2006 by My Commission Expires April 5, 2004 Rutherford Crossing Rezoning Revised September 5, 2006 Revised October 26, 2006 Revised November 7. 2006 Revised November 29, 2006 Revised December 21, 2006 3- 3 /-Or 12 .a /fl /OCR Date To Wit: before me this day of Notary Public NOT CU F NT Greenway Engineering Signatures April 5, 2004 Revised September 5, 2006 Revised October 26, 2006 Revised November 7, 2006 Revised November 29, 2006 Revised December 21, 2006 The conditions proffered above shall be binding upon the heirs, executors, administrators, assigns and successors in the interest of the Record Owner. In the event the Frederick County Board of Supervisors grants this rezoning and accepts the conditions, the proffered conditions shall apply to the land rezoned in addition to other requirements set forth in the Frederick County Code. Respectfully Submitted: By: 2 f /i Cv y Jo S. Scully, IV Date ax Parcel #43- ((A)) -99 Commonwealth of Virginia, City /County of (.41-c The foregoing instrument was acknowledged before me this day of 2006 by C az- cSt.cAZ T V NIy Commission Expires 3-31 13 To Wit: Rutherford Crossing Rezoning NOT CURRENT Greenway Engineering Signatures The conditions proffered above shall be binding upon the heirs, executors, administrators, assigns and successors in the interest of the Record Owner. In the event the Frederick County Board of Supervisors grants this rezoning and accepts the conditions, the proffered conditions shall apply to the land rezoned in addition to other requirements set forth in the Frederick County Code. Respectfully Submitted: April 5, 2004 Revised September 5, 2006 Revised October 26, 2006 Revised November 7, 2006 Revised November 29, 2006 Revised December 21, 2006 By: /2- 2006 by Nly'Commission Expires 3 ohn B. Schroth Date ax Parcel #43- ((A)) -99 Commonwealth of Virginia, City /C -ennty of (cam c 4-1-47 Gc To Wit: The foregoing instrument was acknowledged before me thisa 9 day of R O7c 14 Rutherford Crossing Rezoning NOT CURRENT IL �i m N N NN N. CC9f 3.06 Zf.I SS L CCZS 3.65,Lf.l SS 95'95 3.SS,SO.SS 0) 0 CO 0 0 N 0 z z 0 9 D II a m vc rico 2 .ecss9 3. Ce, 6s 105 vim SHEET 1 OF 2 stole: 1" 430' note: NOVEMBER 2006 Designed by: TP Drawn by: RP Checked by: KP Project No. 20225 -01 RUTHERFORD'S FARM INDUSTRIAL PARK ZONING EXHIBIT EXISTING ZONING STONEWALL MAGISTRIAL DISTRICT FREDRICK COUNTY, VIRGINIA Bury-f-Partners ENGINEERING SOLUTIONS Consulting Engineers and Surveyors 3810 Concorde Parkway. Suite 1000 Chaatilly,Virginia 20151 Tel 703/988 -9090 Fax 703/968 -4968 Bury+Partnen -YA. Inc. ®Copyright 2008 ValV 1V101 C 05 1 C4 C3 1 C2 1 Cl [N ER 12'53'54' 6'15'12' 17 94'51'02' I 1'28'32' I 29'18'43' 1. 20'57'23' DELTA 562958' 5629.58' 1000.00' 380.00' 5629,58' 1321.72' 2252.00' RADIUS 1267,32 614.43 307.29 629.07 144.97 676.18 1 823.69 ARC LENGTH' 636.35' 307.52' 154.87' 413.61'1 72.49' 345.66'' 416.50'' 'TANGENT' 1264.65' 614.12' 306.08' 1 559.66' I 144.97' 668.83' I 019.11' I CHORD LENGTH' 1 S 18'33'51' W' S 04'13'45' W N 50'17'00' E S 11'39'40' W' S 00'33'13' E' S 15'56'51' E CHORD BEARING N 50'20'03' E IL �i m N N NN N. CC9f 3.06 Zf.I SS L CCZS 3.65,Lf.l SS 95'95 3.SS,SO.SS 0) 0 CO 0 0 N 0 z z 0 9 D II a m vc rico 2 .ecss9 3. Ce, 6s 105 vim SHEET 1 OF 2 stole: 1" 430' note: NOVEMBER 2006 Designed by: TP Drawn by: RP Checked by: KP Project No. 20225 -01 RUTHERFORD'S FARM INDUSTRIAL PARK ZONING EXHIBIT EXISTING ZONING STONEWALL MAGISTRIAL DISTRICT FREDRICK COUNTY, VIRGINIA Bury-f-Partners ENGINEERING SOLUTIONS Consulting Engineers and Surveyors 3810 Concorde Parkway. Suite 1000 Chaatilly,Virginia 20151 Tel 703/988 -9090 Fax 703/968 -4968 Bury+Partnen -YA. Inc. ®Copyright 2008 ValV 1V101 Ne O Z b 0 en (44 4 cn O 1 0) N 0) N [1 eu N N T CR 4 N 4 N J 4 CO N O co Z O 0 en N he m 4 N ea C3 cn co m OD N V N n 0 N U N O u 4 O O N z O rn 0 CO O son SHEET scale: 1 400' Dote: DECEMBER 2006 2 Designed by: KP Drown by: RP Checked by: TP OF 2 Project No. 20225 -01 ZONING EXHIBIT 'Bs PROPOSED ZONING STONEWALL MAGISTRIAL DISTRICT FREDRICK COUNTY, VIRGINIA RUTHERFORD CROSSING F 01 0 01 CO 0) N C N O P1 0 D era o mY mZ n y J i ir DAm �2 0y II II 0 or glArd y0a z' Bury +Partners NOINEERING SOLUTIONS Consulting Engineers and Surveyors 9810 Concorde Parkway, Suite 1000 Chantily,Virgiaia 20151 Tel 709/968 -9090 Fax 707/968 -4866 Bury+Partnen -VA, Inc. 0 Copyright 2006 Greenway Engineering April 5, 2004 Revised September 5, 2006 Revised October 26, 2006 Revised November 7, 2006 Revised November 29, 2006 Revised December 21, 2006 Revised January 17, 2007 3.) Right of Way Dedication and Reservation 5 Rutherford Crossing Rezoning a.) The Applicant, Rutherford Farm, LLC (Tax Parcel #43 -((A)) -100) hereby agrees to reserve right of way without financial compensation for the benefit of the Commonwealth of Virginia along Martinsburg Pike (U.S. Route 11 North) to implement the Rutherford's Farm Route 11 Public Improvements Plan approved by VDOT on February 17, 2004. In the event the Commonwealth of Virginia requests the reservation to be dedicated, the Applicant, Rutherford Farm, LLC, shall prepare and execute a deed of dedication and a right -of -way dedication plat to be provided to VDOT for signature within 90 days of said request. b.) The Applicant, Rutherford Farm, LLC (Tax Parcel #43 -((A)) -100, and the Record Owner, Virginia Apple Storage, Inc., (Tax Parcel #43- ((A)) -98) hereby agree to reserve right of way without financial compensation for the benefit of the Commonwealth of Virginia along Interstate 81 as shown on Interstate 81 Improvement Study VDOT Project No. 0081 968 -F11, PE -100 MP 305 to West Virginia State Line Frederick County, dated November 1998 (specifically noted on Sheet 24 of said study). In the event the Commonwealth of Virginia requests the reservation to be dedicated, the Applicant, Rutherford Farm, LLC and the Record Owner, Virginia Apple Storage, Inc., shall prepare and execute a deed of dedication and a right -of- way dedication plat to be provided to VDOT for signature within 90 days of said request. c.) The Record Owners, C. Robert Solenberger, John S. Scully, IV, and John B. Schroth (Tax Parcel #43- ((A)) -99), hereby agree to dedicate for the benefit of Frederick County within 90 days of request by the County the land located within the 350 -foot wide Route 37 corridor on Tax Parcel #43- ((A)) -99 as demonstrated on the Frederick County Route 37 R.O.W. Map and further identified on Zoning Exhibit "B" prepared by Bury+Partners, dated January 2007. Additionally, the Record Owners, C. Robert Solenberger, John S. Scully, IV, and John B. Schroth (Tax Parcel #434(A)) -99), hereby agree to dedicate for the benefit of Frederick County within 90 days of request by the County the land located outside of the 350 -foot wide Route 37 corridor on Tax Parcel #43- ((A)) -99 as demonstrated on the Frederick County Route 37 R.O.W. Map and further identified on Zoning Exhibit "B" prepared by Bury +Partners, dated January 2007. Should the final location of the Route 37 corridor result in any portion of the land on Tax Parcel #43- ((A)) -99 proposed for dedication not being needed, then the land not needed shall be released in writing by the County from the dedication specified above. Greenway Engineering April 5,2004 Revised September 5, 2006 Revised October 26, 2006 Revised November 7, 2006 Revised November 29, 2006 Revised December 21, 2006 Revised January 17, 2007 4.) Comprehensive Plan Road Construction 6 Rutherford Crossing Rezoning d.) The Record Owner, Virginia Apple Storage, Inc., (Tax Parcel #43- ((A)) -98), hereby agrees to dedicate for the benefit of Frederick County within 90 days of request by the County the land located outside of the 350 -foot wide Route 37 corridor on Tax Parcel #43- ((A)) -98 as demonstrated on the Frederick County Route 37 R.O.W. Map as an Interstate 81 northbound off -ramp to Route 37 and further identified on Zoning Exhibit `B" prepared by Bury +Partners, dated January 2007. Should the final location of the Route 37 corridor result in any portion of the land on Tax Parcel #43- ((A)) -98 proposed for dedication not being needed, then the land not needed shall be released in writing by the County from the dedication specified above. The Applicant, Rutherford Farm, LLC, (Tax Parcel #43 -((A)) -100), hereby agrees to coordinate, dedicate, and construct the major collector road between the primary entrance to the Property and the first intersection on Tax Parcel 43- ((A))- 99; as well as coordinate, dedicate, and construct the road section from this intersection to Tax Map Parcel 43 -((A)) -111 that will be located in substantial conformity with the internal road network identified on the Zoning Exhibit `B" prepared by Bury +Partners dated January 2007 and attached as a proffered exhibit. The location of the major collector road and the internal road network identified on Zoning Exhibit "B" prepared by Bury +Partners dated January 2007 shall replace the major collector road and the internal road network identified on the Rutherford's Farm Industrial Park Master Development Plan approved by Frederick County on November 22, 2002. The Applicant, Rutherford Farm, LLC, further agrees that it will use reasonable commercial effort and diligently pursue the construction of the road sections described in this paragraph to base pavement and made available for public access no later than December 31, 2007. The remaining portion of the major collector road system which intersects the major collector road system described in the above paragraph and proceeds in a west to northwest direction through the Property, as well as the internal street located to the south of the major collector road described in the above paragraph will be incorporated in and constructed with each site plan submission that is adjacent to or is part of the site plan. The location of these internal road systems will be located in substantial conformity with the internal road network identified on the Zoning Exhibit `B" prepared by Bury +Partners dated January 2007 and attached as a proffered exhibit. Greenway Engineering O April 5, 2004 Revised September 5, 2006 Revised October 26, 2006 Revised November 7, 2006 Revised November 29, 2006 THIS AMENDED AND RESTATED PROFFER STATEMENT MADE AS TO THE RUTHERFORD CROSSING PROJECT (formerly Rutherford's Farm Industrial Park) Rutherford Crossing Rezoning NOT CUR REZONING: RZ# 17 -06 B -3, Industrial Transition District (22.45± acres) and M -1, Light Industrial District (8.55± acres) to B -2, Business General District (31.0± acres) PROPERTY: 138.68± acres; Tax Parcels #43- ((A)) -98, 43- ((A)) -99, 43 -((A)) -100, (here -in after the "Property RECORD OWNER: APPLICANT: PROJECT NAME: ORIGINAL DATE OF PROFFERS: Recitals Rutherford Farm, LLC; Virginia Apple Storage, Inc.; C. Robert Solenberger; John S. Scully, IV; John B. Schroth Rutherford Farm, LLC (Owner of 22.45± acres, being a portion of Tax Parcel 43- ((A)) -99 and Contract Purchaser for 8.55± acres. being a portion of Tax Parcel 43 -((A)) -100 (here -in after the "Applicant Rutherford Crossing April 5, 2004 REVISION DATE: November 29, 2006 WHEREAS, C. Robert Solenberger, John S. Scully, IV, and John B. Schroth are the successors in interest to Rutherford, LLC, a Virginia limited liability company which originally made the Proffer Statement for Rutherford's Farm Industrial Park dated April 5, 2004 (the "Proffer Statement and, WHEREAS, the Monetary Contribution To Offset Impact Of Development in the amount of $10,000.00 has heretofore been paid pursuant to the Proffer Statement, the Applicant and Record Owner and the applicant herein desire to change the name of Rutherford's Farm Industrial Park to "Rutherford Crossing" and the Applicant and Record Owner have agreed to reduce the Maximum Building Structure Square Feet for the Property as hereinafter set forth. it Greenway Engineering WHEREAS, all other proffers contained in the Proffer Statement have agreed to be provided by the Applicant and the Record Owner of each tax parcel as set forth hereinafter. NOW THEREFORE, in consideration of the benefits to accrue thereby, it is agreed as follows: Preliminary Matters A.) The Proffer Statement dated April 5, 2004 is hereby terminated and in lieu of the same, this Proffer Statement is made. B.) Pursuant to Section 15.2 -2296 Et. Seq. of the Code of Virginia, 1950, as amended, and the provisions of the Frederick County Zoning Ordinance with respect to conditional zoning, the undersigned Applicant and Record Owners hereby proffer that in the event the Board of Supervisors of Frederick County, Virginia, shall approve Rezoning Application 17 -06 for the rezoning of a 22.45± -acre portion of Tax Parcel 43- ((A)) -99 and a 8.55± -acre portion of Tax Parcel 43 -((A)) -100, and to reconfigure the M Light Industrial District, and B -2, Business General District zoning boundaries for the remainder of the acreage to establish the following: Zoning Districts 79.03± -acres of M -1, Light Industrial District 59.65± -acres of B -2, Business General District Overlay District April 5, 2004 Revised September 5, 2006 Revised October 26, 2006 Revised November 7, 2006 Revised November 29, 2006 138.68± acres of IA, Interstate Area Overlay District Rutherford Crossing Rezoning LO T Guit• r� Development of the subject property shall be done in conformity with the terms and conditions set forth herein, except to the extent that such terms and conditions may be subsequently amended or revised by the Applicant and Record Owners and such be approved by the Frederick County Board of Supervisors in accordance with the said Code and Zoning Ordinance. In the event that such rezoning is not granted, then these proffers shall be deemed withdrawn and have no effect whatsoever. These proffers shall be binding upon this applicant and their legal successors, heirs, or assigns. The subject Property more particularly described as the lands owned by Virginia Apple Storage, Inc., being all of Tax Parcel 43- ((A)) -98; C. Robert Solenberger, John S. Scully, IV, and John B. Schroth being all of Tax Parcel 43- ((A)) -99; and Rutherford Farm, LLC, being all of Tax Parcel 43 -((A)) -100; and further described by Rezoning Plat Exhibit prepared by Bury +Partners, dated November 2006 (see attached Rezoning Exhibit Plat). 2 Greenway Engineering B.) Prohibited Land Uses 1.) Traffic Signalization April 5, 2004 Revised September 5, 2006 Revised October 26, 2006 Revised November 7, 2006 Revised November 29, 2006 A.) Maximum Building Structure Square Feet The Applicant, Rutherford Farm, LLC (Tax Parcel #43 -((A)) -100), and the Record Owners, Virginia Apple Storage, Inc., (Tax Parcel #43- ((A)) -98); C. Robert Solenberger (Tax Parcel #43- ((A)) -99), John S. Scully, IV (Tax Parcel #43- ((A)) -99), and John B. Schroth (Tax Parcel #43- ((A)) -99), hereby proffer to limit the total building structures to 1,245,000 square feet for the entire Property. The Applicant, Rutherford Farm, LLC (Tax Parcel #43-((AD-100), and the Record Owners, Virginia Apple Storage, Inc., (Tax Parcel #43- ((A)) -98); C. Robert Solenberger (Tax Parcel #43- ((A)) -99), John S. Scully, IV (Tax Parcel #43- ((A)) -99), and John B. Schroth (Tax Parcel #43- ((A)) -99), hereby proffer that the following land uses shall not be permitted on the Property: Description Truck Stop PROFFER STATEMENT (Excluding Truck Stops, all other uses within SIC Code 5541 are hereby acceptable and included) C.) Transportation Enhancements The Applicant, Rutherford Farm, LLC (Tax Parcel #43 -((A)) -100), hereby agrees to the following transportation enhancements: a.) A traffic signal will be installed by the Applicant when warranted by the Virginia Department of Transportation "VDOT at the intersection of Martinsburg Pike (U.S. Route 11 North) and the proposed primary entrance to the Property in the configuration and design as approved by VDOT. The Applicant shall enter into and execute a signalization agreement prior to the issuance of the first occupancy permit within the B -2, Business General District acreage on the Property. 3 SIC 5541 Rutherford Crossing Rezoning N ur CURREN Greenway Engineering 2.) Site Access Improvements April 5, 2004 Revised September 5, 2006 Revised October 26, 2006 Revised November 7, 2006 Revised November 29, 2006 Rutherford Crossing Rezoning b.) A traffic signal will be installed by the Applicant when warranted by VDOT at the southbound ramps of the Interstate 81 Exit 317 interchange and Martinsburg Pike (U.S. Route 11 North) in the configuration and design as approved by VDOT. The Applicant shall enter into and execute a signalization agreement prior to the issuance of the first occupancy permit within the B -2, Business General District acreage on the Property. c.) A traffic signal will be installed by the Applicant when warranted by VDOT at the intersection of Martinsburg Pike with the northbound on -ramp of the Interstate 81 Exit 317 interchange and Redbud Road (Route 661) in the configuration and design as approved by VDOT. This traffic signal shall be designed to accommodate the relocation of the Interstate 81 northbound off ramp at a cross intersection with the existing Interstate 81 northbound on- ramp. The Applicant shall enter into and execute a signalization agreement prior to the issuance of the first occupancy permit within the B -2, Business General District acreage on the Property. d.) Prior to the installation of the traffic signals provided for in this section, the Applicant hereby agree to prepare a signalization timing analysis for all existing and proposed traffic signals located along Martinsburg Pike between the proposed primary entrance to the Property and Crown Lane. The Applicant will provide this analysis to VDOT and will incur the cost required to reconfigure the signalization timing for each traffic signal identified in the section if warranted by VDOT. The Applicant, Rutherford Farm, LLC (Tax Parcel #43 -((A)) -100) hereby agrees to limit the total number of entrances for site access along Martinsburg Pike to one full entrance and two right in/right -out entrances. The spacing between the centerline of all proposed entrances along Martinsburg Pike shall be a minimum of 500 feet. Additionally, the Applicant agrees to fully fund and construct travel lane and turn lane improvements along northbound and southbound Martinsburg Pike in substantial conformity to the transportation improvement exhibit identified on the Master Development Plan prepared by Bury +Partners no later than December 31, 2007. 4 NOT CURRENT Greenway Engineering 3.) Right of Way Reservation O April 5, 2004 Revised September 5, 2006 Revised October 26, 2006 Revised November 7, 2006 Revised November 29, 2006 4.) Comprehensive Plan Road Construction 5 Rutherford Crossing Rezoning NOT CURRENT a.) The Applicant, Rutherford Farm, LLC (Tax Parcel #43 -((A)) -100) hereby agrees to reserve right of way without financial compensation for the benefit of the Commonwealth of Virginia along Martinsburg Pike (U.S. Route 11 North) to implement the Rutherford's Farm Route 11 Public Improvements Plan approved by VDOT on February 17, 2004. This right of way reservation plat shall be prepared by the Applicant and provided to VDOT for signature within 90 days of VDOT permit approval for this improvement. b.) The Applicant, Rutherford Farm, LLC (Tax Parcel #43 -((A)) -100, and the Record Owner, Virginia Apple Storage, Inc., (Tax Parcel #43- ((A)) -98) hereby agree to reserve right of way without financial compensation for the benefit of the Commonwealth of Virginia along Interstate 81 as shown on Interstate 81 Improvement Study VDOT Project No. 0081 968 -F11, PE -100 MP 305 to West Virginia State Line Frederick County, dated November 1998 (specifically noted on Sheet 24 of said study). The right of way reservation plat shall be prepared by the Applicant, Rutherford Farm, LLC, and by the Record Owner, Virginia Apple Storage, Inc., and provided to VDOT for signature within 90 days of written request by VDOT for said right of way reservation. c.) The Record Owners, C. Robert Solenberger (Tax Parcel #43- ((A)) -99), John S. Scully, IV (Tax Parcel #434(A)) -99), and John B. Schroth (Tax Parcel #43- ((A))-99), hereby agree that for a period of ten (10) years from the date of the approval of the rezoning, that they will not build upon the tract of land containing 14 acres, more or less, and proposed to be used as part of the construction of the Route 37 bypass in Frederick County; however, any taking of the property will be compensated at fair market value. The Applicant, Rutherford Farm, LLC, (Tax Parcel #43 -((A)) -100), hereby agrees to coordinate, dedicate, and construct the portion of the major collector road between the primary entrance to the property and the cul -de -sac adjacent to Tax Map Parcel 43 -((A)) -111 that will be located in substantial conformity with the internal road network identified on the Rutherford Crossing Zoning Exhibit prepared by Bury +Partners dated November 2006 and attached as a proffered exhibit. The Applicant, Rutherford Farm, LLC, further agrees that it will use reasonable commercial effort and diligently pursue the construction to base pavement and made available for public access no later than December 31, 2007. Greenway Engineering The remaining portion of the major collector road system which intersects the major collector road system described in the above paragraph and proceeds in a west to northwest direction through the Property, as well as the internal street located to the south of the major collector road described in the above paragraph will be incorporated in and constructed with each site plan submission that is adjacent to or is part of the site plan. The location of these internal road systems will be located in substantial conformity with the internal road network identified on the Rutherford Crossing Zoning Exhibit prepared by Bury +Partners dated November 7, 2006 and attached as a proffered exhibit. 5.) Route 11 and Interstate 81 Northbound On -Ramp Improvements The Applicant, Rutherford Farm, LLC, (Tax Parcel #43 -((A)) -100), hereby agrees to construct a third southbound lane on U.S. Route 11 from the primary entrance to the Property to the Interstate 81 Exit 317 northbound on -ramp. These improvements will include a 12' wide lane of approximately 600 linear feet in length to serve as a continuous right turn lane for the Interstate 81 Exit 317 northbound on -ramp. Additionally, the Applicant, Rutherford Farm, LLC, will construct turning radius improvements at the Interstate 81 Exit 317 northbound on -ramp to ensure a smooth transition. The improvements shall be completed within one year following approval of the first site plan submitted within the B -2, Business General portion of the Property. 6.) Monetary Contributions for Route 11 Corridor The Applicant, Rutherford Farm, LLC, (Tax Parcel #43 -((A)) -100), hereby agrees to provide $250,000.00 to Frederick County within 18 months of final site plan approval for the first site plan submitted within the B -2, Business General portion of the Property to be utilized unconditionally for transportation studies or physical improvements within the Martinsburg Pike corridor. Additionally, the Applicant, Rutherford Farm, LLC, agrees to allow Frederick County to utilize this monetary contribution as matching funds for federal or state transportation improvement grants that will apply to the Martinsburg Pike corridor. D.) Historic Resource 1.) interpretative Signs O April 5, 2004 Revised September 5, 2006 Revised October 26, 2006 Revised November 7, 2006 Revised November 29, 2006 The Applicant, Rutherford Farm, LLC, (Tax Parcel #43 -((A)) -100), hereby proffers to provide an interpretive area in the location of the old Rutherford's Farm House along Martinsburg Pike (U.S. Route 11 North) as identified on the 6 Rutherford Crossing Rezoning NOT CURRENT Greenway Engineering 2.) Landscaping 3.) Property Name April 5, 2004 Revised September 5, 2006 Revised October 26, 2006 Revised November 7, 2006 Revised November 29, 2006 Rutherford Crossing Rezoning ,NOT CURRENT Master Development Plan prepared by Bury +Partners. A public access easement will be provided for the interpretative sign viewing area which shall be enhanced with picnic tables and landscaping. The public access easement will be prepared and the proposed improvements will be constructed in conjunction with the site plan that is approved adjacent to this area. Three interpretative plaques will be provided. They are as follows: The Second Battle of Winchester The Battle of Rutherford's Farm The Rutherford's Farm House The interpretative signs will contain language and pictures acceptable to the Frederick County Historic Resources Advisory Board. The maintenance of the interpretative signs, picnic tables, landscaping and public parking for the interpretative sign viewing area shall be the responsibility of the Rutherford Crossing Association. The Applicant, Rutherford Farm, LLC, (Tax Parcel #43 -((A)) -100), hereby agrees to provide a transitional landscape buffer that will be provided along Martinsburg Pike (U.S. Route 11 North) as identified on the Master Development Plan prepared by Bury +Partners. This landscape easement will be 15' in width and will consist of a low earthen mound of 2 -3' in height with plantings of ground covers, flowers, grasses, shrubs and trees in general conformity with the landscape buffer typical section provided on the Master Development Plan. The landscape buffer will be installed during the construction of the first structure within the B -2 District portion of the Property, and will be maintained by the Rutherford Crossing Association. The Applicant, Rutherford Farm, LLC (Tax Parcel #43 -((A)) -100), and the Record Owners, Virginia Apple Storage, Inc., (Tax Parcel #43- ((A)) -98); C. Robert Solenberger (Tax Parcel #43- ((A)) -99), John S. Scully, IV (Tax Parcel #43- ((A)) -99), and John B. Schroth (Tax Parcel #43- ((A)) -99), hereby proffer the naming of the Property to: "Rutherford Crossing" 7 Greenway Engineering E.) Lighting F.) Signage G.) Recycling Proffer O April S, 2004 Revised September 5.2006 Revised October 26, 2006 Revised November 7, 2006 Revised November 29, 2006 8 Rutherford Crossing Rezoning NOT CURRENT The Applicant, Rutherford Farm, LLC, (Tax Parcel #43 -((A)) -100), hereby agrees that all building mounted lights and pole- mounted lights will be of a downcast nature, hooded and directed away from adjacent properties surrounding the proposed project. The Applicant, Rutherford Farm, LLC, will submit lighting plans as a separate attachment for review and approval by the Frederick County Planning Department prior to the installation of these lighting features. 1.) The Applicant, Rutherford Farm, LLC, (Tax Parcel #43 -((A)) -100), hereby proffers that all freestanding business signs located at the entrances to the Property along Martinsburg Pike shall be monument -style signs not to exceed 12' in height. 2.) Within the IA (Interstate Area Overlay) District located throughout the limits of the Property, the Applicant, Rutherford Farm, LLC, (Tax Parcel #43 -((A)) -100), and the Record Owners, Virginia Apple Storage, Inc., (Tax Parcel #43- ((A)) -98), C. Robert Solenberger, (Tax Parcel #43-RA))-99), John S. Scully, IV (Tax Parcel #43- ((A)) -99), and John B. Schroth, (Tax Parcel #43- ((A)) -99), hereby proffer to limit the total number of signs to three. The Record Owners, Virginia Apple Storage, Inc., (Tax Parcel #43- ((A)) -98). C. Robert Solenberger, (Tax Parcel #43- ((A)) -99), John S. Scully, IV (Tax Parcel #43- ((A))-99), and John B. Schroth, (Tax Parcel #43- ((A)) -99), hereby agree to implement recycling programs with each industrial user to ensure appropriate waste reduction, disposal, and recycling of any waste or byproduct material. The program for each industrial user will be reviewed and subject to approval by the Frederick County Recycling Coordinator prior to the issuance of a final occupancy permit for each industrial user. Greenway Engineering Signatures The conditions proffered above shall be binding upon the heirs, executors, administrators, assigns and successors in the interest of the applicant and owner. In the event the Frederick County Board of Supervisors grants this rezoning and accepts the conditions, the proffered conditions shall apply to the land rezoned in addition to other requirements set forth in the Frederick County Code. Respectfully Submitted: By: Rutherford Farm, LLC Tax Parcel #43 -((A)) -100 April s, 2004 Revised September 5, 2006 Revised October 26, 2006 Revised November 7, 2006 Revised November 29, 2006 Commonwealth of Virginia, City /County of To Wit: The foregoing instrument was acknowledged before me this3 r of 430 flinitLPY 2006 by AJ'%Cc4 -n∎-) N. .trp A My Commission Expires natal, A J oo f 9 Date Notary Public Rutherford Crossing Rezoning 4.4.4 -0, NOT CURRENT NT Greenway Engineering Respectfully Submitted: By: gA y l iil/i /✓vymHic/ Virginia Apple Storage, Inc. Date Tax Parcel #43- ((A)) -98 Commonwealth of Virginia, 2006 by April 5, 2004 Revised September 5, 2006 Revised October 26, 2006 Revised November 7, 2006 Revised November 29, 2006 My Commission Expires 3 31— O F 1 0 Notary Public Rutherford Crossing Rezoning NOT CURRENT fr Signatures The conditions proffered above shall be binding upon the heirs, executors, administrators, assigns and successors in the interest of the applicant and owner. In the event the Frederick County Board of Supervisors grants this rezoning and accepts the conditions, the proffered conditions shall apply to the land rezoned in addition to other requirements set forth in the Frederick County Code City/County of lailLtkci To Wit: The foregoing instrument was aknowledged before me this d y of d LA-ii Greenway Engineering Signatures The conditions proffered above shall be binding upon the heirs, executors, administrators, assigns and successors in the interest of the applicant and owner. In the event the Frederick County Board of Supervisors grants this rezoning and accepts the conditions, the proffered conditions shall apply to the land rezoned in addition to other requirements set forth in the Frederick County Code. Respectfully Submitted: By: Li Aft, F% frj C. Robert Solenberger Date Tax Parcel #43 ((A)) 99 Commonwealth of Virginia, City /Fn of Winc 'he5 \cr vA The foregoing instrument was acknowledged before me this 1 6+ day of IJ €Cember 2006 by C My Commission Expires April 5, 2004 Revised September 5, 2006 Revised October 26, 2006 Revised November 7, 2006 Revised November 29, 2006 To Wit: er+ Sol \b e 'Cyr 3 el? 30,a010 11 Rutherford Crossing Rezoning NOT CURRENT Notary Public Greenway Engineering Signatures The conditions proffered above shall be binding upon the heirs, executors, administrators, assigns and successors in the interest of the applicant and owner. In the event the Frederick County Board of Supervisors grants this rezoning and accepts the conditions, the proffered conditions shall apply to the land rezoned in addition to other requirements set forth in the Frederick County Code. Respectfully Submitted: C B j y: f f 1 Scully, IV Tax Parcel #43- ((A)) -99 April 5, 2004 Revised September 5, 2006 Revised October 26, 2006 Revised November 7, 2006 Revised November 29, 2006 II. /06 Date Rutherford Crossing Rezoning NOT CLIERENT Commonwealth of Virginia, City /Pof Wint,hee1 To Wit: The foregoing instrument was acknowledged before me this 1 5.1- day of Dee e vn b e r 2006 by t> N1 S• Jc��l V My Commission Expires Seyi'• 30 a0117 12 JJ Notary Public U Greenway Engineering Signatures Respectfully Submitted: By: `yVZ U o felg ohn B. Schroth Tax Parcel #43 ((A)) 99 2006 by April 5, 2004 Revised September 5, 2006 Revised October 26, 2006 Revised November 7, 2006 Revised November 29, 2006 The conditions proffered above shall be binding upon the heirs, executors, administrators, assigns and successors in the interest of the applicant and owner. In the event the Frederick County Board of Supervisors grants this rezoning and accepts the conditions, the proffered conditions shall apply to the land rezoned in addition to other requirements set forth in the Frederick County Code. Commonwealth of Virginia, City of Wi he es7 rC VA To Wit: The foregoing instrument was acknowledged before me this 1st day of Dec ember 30\,r 13. Sc1'\Yo+AN My Commission Expires 30 a010 13 I j" 30 nlv Date Rutherford Crossing Rezoning JJJ Notary Public VU_1 `Vj�1�,DI1 Greenway Engineering RUTHERFORD CROSSING PROFFER STATEMENT REZONING: RZ# B -3, Industrial Transition District (22.45± acres) and M -1, Light Industrial District (8.55± acres) to B -2, Business General District (31.0± acres) PROPERTY: RECORD OWNER: Rutherford Farm. LLC; Virginia Apple Storage, Inc.; C. Robert Solenberger; John S. Scully, IV; John B. Schroth APPLICANT: Rutherford Farni, LLC (Owner of 22.45± acres, being a portion of Tax Parcel 43- ((A)) -99 and Contract Purchaser for 8.55± acres, being a portion of Tax Parcel 43 -((A)) -100 (here -in after the "Applicant PROJECT NAME: Rutherford Crossing ORIGINAL DATE OF PROFFERS: April 5, 2004 April 5. 2004 S Revised September 5. 2006 Revised October 26, 2006 Revised November 7, 2006 REVISION DATE: November 7. 2006 Rutherford Crossing Rezoning 138.68± acres: Tax Parcels 43- ((A)) -98, 43- ((A)) -99, 43 -((A)) -100, (here -in after the "Property Preliminary Matters Pursuant to Section 15.2 -2296 Et. Seq. of the Code of Virginia, 1950, as amended, and the provisions of the Frederick County Zoning Ordinance with respect to conditional zoning, the undersigned applicant hereby proffers that in the event the Board of Supervisors of Frederick County. Virginia, shall approve Rezoning Application for the rezoning of a 22.45± -acre portion of Tax Parcel 43- ((A)) -99 and a 8.55± -acre portion of Tax Parcel 43 -((A)) -100, and to reconfigure the M -1, Light Industrial District, and B -2, Business General District zoning boundaries for the remainder of the acreage to establish the following: Zoning Districts 79.03± -acres of M -1, Light Industrial District 59.65± -acres of B -2, Business General District 1\101 C;LITZTIPITT Greenway Engineering Overlay District 0 April 5,2004 Revised September 5. 2006 Revised October 26, 2006 Revised November 7, 2006 9 138.68± acres of IA. Interstate Area Overlay District Development of the subject property shall be done in conformity with the terms and conditions set forth herein, except to the extent that such terms and conditions may be subsequently amended or revised by the applicant and such be approved by the Frederick County Board of Supervisors in accordance with the said Code and Zoning Ordinance. In the event that such rezoning is not granted, then these proffers shall be deemed withdrawn and have no effect whatsoever. These proffers shall be binding upon this applicant and their legal successors, heirs, or assigns. The subject Property more particularly described as the lands owned by Virginia Apple Storage, Inc., being all of Tax Parcel 43- ((A)) -98; C. Robert Solenberger, John S. Scully. IV, and John B. Schroth being all of Tax Parcel 43- ((A)) -99; and Rutherford Farm, LLC, being all of Tax Parcel 43 -((A)) -100; and further described by Rezoning Plat Exhibit prepared by Bury+Partners, dated November 2006 (see attached Rezoning Exhibit Plat). B.) Prohibited Land Uses PROFFER STATEMENT A.) Maximum Building Structure Square Feet Rutherford Crossing Rezoning The Applicant, Rutherford Farm. LLC and the record owners, Virginia Apple Storage, Inc; C. Robert Solenberger: John S. Scully, IV: and John B. Schroth, hereby proffer to limit the total building structures to 1,400,000 square feet for the entire Property. The Applicant, Rutherford Farm, LLC and the Record Owners, Virginia Apple Storage, Inc; C. Robert Solenberger: John S. Scully, IV: and John B. Schroth, hereby proffer that the following land uses shall not be permitted on the Property: Description SIC Truck Stop 5541 (Excluding Truck Stops, all other uses within SIC Code 5541 are hereby acceptable and included) 2 \O T. LTFsiz dT i Grecnway Engineering C.) Transportation Enhancements April 5, 2004 Revised September 5. 2006 Revised October 26, 2006 Revised November 7, 2006 Rutherford Crossing Rezoning The Applicant, Rutherford Farm, LLC, hereby agrees to the following transportation enhancements: 1.) Traffic Signalization a.) A traffic signal will be installed by the Applicant when warranted by the Virginia Department of Transportation "VDOT at the intersection of Martinsburg Pike (U.S. Route 11 North) and the proposed primary entrance to the Property in the configuration and design as approved by VDOT. The Applicant shall enter into and execute a signalization agreement prior to the issuance of the first occupancy permit within the B -2, Business General District acreage on the Property. b.) A traffic signal will be installed by the Applicant when warranted by VDOT at the southbound ramps of the Interstate 81 Exit 317 interchange and Martinsburg Pike (U.S. Route 11 North) in the configuration and design as approved by VDOT. The Applicant shall enter into and execute a signalization agreement prior to the issuance of the first occupancy permit within the B -2, Business General District acreage on the Property. c.) A traffic signal will be installed by the Applicant when warranted by VDOT at the intersection of Martinsburg Pike with the northbound on -ramp of the Interstate 81 Exit 317 interchange and Redbud Road (Route 661) in the configuration and design as approved by VDOT. This traffic signal shall be designed to accommodate the relocation of the Interstate 81 northbound off ramp at a cross intersection with the existing Interstate 81 northbound on- ramp. The Applicant shall enter into and execute a signalization agreement prior to the issuance of the first occupancy permit within the B -2, Business General District acreage on the Property. d.) Prior to the installation of the traffic signals provided for in this section, the Applicant hereby agrees to prepare a signalization timing analysis for all existing and proposed traffic signals located along Martinsburg Pike between the proposed primary entrance to the Property and Crown Lane. The Applicant will provide this analysis to VDOT and will incur the cost required to reconfigure the signalization timing for each traffic signal identified in the section if warranted by VDOT. 3 NOT CURRENT Oreenway Engineering 2.) Site Access Improvements April 5. 2004 1 Revised September 5, 2006 Revised October 26, 2006 Revised November 7. 2006 The Applicant, Rutherford Farm, LLC, hereby agrees to limit the total number of entrances for site access along Martinsburg Pike to one full entrance and two right in/right -out entrances. The spacing between the centerline of all proposed entrances along Martinsburg Pike shall be a minimum of 500 feet. Additionally, the Applicant agrees to fully fund and construct travel lane and turn lane improvements along northbound and southbound Martinsburg Pike in substantial conformity to the transportation improvement exhibit identified on the Master Development Plan prepared by Bury +Partners dated October 24, 2006 no later than December 31, 2007. 3.) Right of Way Reservation a.) The Applicant, Rutherford Farm, LLC hereby agrees to reserve right of way without financial compensation for the benefit of the Commonwealth of Virginia along Martinsburg Pike (U.S. Route 11 North) to implement the Rutherford's Farm Route 11 Public Improvements Plan approved by VDOT on February 17, 2004. This right of way reservation plat shall be prepared by the Applicant and provided to VDOT for signature within 90 days of VDOT permit approval for this improvement. b.) The record owner, Virginia Apple Storage, Inc., hereby agrees to reserve right of way without financial compensation for the benefit of the Commonwealth of Virginia along Interstate 81 as shown on Interstate 81 Improvement Study VDOT Project No. 0081-968-F II, PE -100 MP 305 to West Virginia State Line Frederick County, dated November 1998 (specifically noted on Sheet 24 of said study). The right of way reservation plat shall be prepared by the record owner, Virginia Apple Storage, Inc., and provided to VDOT for signature within 90 days of written request by VDOT for said right of way reservation. c.) The record owners, C. Robert Solenberger, John S. Scully, IV and John B. Schroth hereby agree that for a period of five (5) years from the date of the approval of the rezoning, that they will not build upon the tract of land containing 14 acres, more or less, and proposed to be used as part of the construction of the Route 37 bypass in Frederick County; however, any taking of the property will be compensated at fair market value. 4 Rutherford Crossing Rezoning N OT cU RR D 'TT Greenway Engineering 9 April 5, 2004 1 Revised September 5, 2006 Revised October 26, 2006 Revised Novemher 7, 2006 4.) Comprehensive Plan Road Construction 5 Rutherford Crossing Rezoning NOT C The Applicant, Rutherford Farm, LLC, hereby agrees to coordinate, dedicate, and construct the portion of the major collector road between the primary entrance to the property and the cul -de -sac adjacent to Tax Map Parcel 43-((A))-111 that will be located in substantial conformity with the internal road network identified on the Rutherford Crossing Zoning Exhibit prepared by Bury +Partners dated November 2006 and attached as a proffered exhibit. The Applicant, Rutherford Farm, LLC, agrees that it will use reasonable commercial effort and diligently pursue the construction to base pavement and made available for public access no later than December 31, 2007. The remaining portion of the major collector road system which intersects the major collector road system described in the above paragraph and proceeds in a west to northwest direction through the Property, as well as the internal street located to the south of the major collector road described in the above paragraph will be incorporated in and constructed with each site plan submission that is adjacent to or is part of the site plan. The location of these internal road systems will be located in substantial conformity with the internal road network identified on the Rutherford Crossing Zoning Exhibit prepared by Bury +Partners dated November 2006 and attached as a proffered exhibit. 5.) Route 11 and Interstate 81 Northbound On -Ramp Improvements The Applicant, Rutherford Farm, LLC, hereby agrees to construct a third southbound lane on U.S. Route 11 from the primary entrance to the Property to the Interstate 81 Exit 317 northbound on -ramp. These improvements will include a 12' wide lane of approximately 600 linear feet in length to serve as a continuous right turn lane for the Interstate 81 Exit 317 northbound on -ramp. Additionally, the Applicant, Rutherford Farm, LLC, will construct turning radius improvements at the Interstate 81 Exit 317 northbound on -ramp to ensure a smooth transition. The improvements shall be completed within one year following approval of the first site plan submitted within the B -2, Business General portion of the Property. 6.) Monetary Contributions for Route 11 Corridor The Applicant, Rutherford Farm, LLC, hereby agrees to provide $250,000.00 to Frederick County within 18 months of final site plan approval for the first site plan submitted within the B -2, Business General portion of the Property to be utilized unconditionally for transportation studies or physical improvements within the Martinsburg Pike corridor. Additionally, the Applicant, Rutherford farm, LLC, agrees to allow Frederick County to utilize this monetary contribution as matching funds for federal or state transportation improvement grants that will apply to the Martinsburg Pike corridor. Greenway Engineering D.) Historic Resource 1.) Interpretative Signs The Applicant, Rutherford Farm, LLC, hereby proffers to provide an interpretive area in the location of the old Rutherford's Farm House along Martinsburg Pike (U.S. Route 11 North) as identified on the Master Development Plan prepared by Bury +Partners. A public access easement will be provided for the interpretative sign viewing area which shall be enhanced with picnic tables and landscaping. The public access easement will be prepared and the proposed improvements will be constructed in conjunction with the site plan that is approved adjacent to this area. Three interpretative plaques will be provided. They are as follows: The Second Battle of Winchester The Battle of Rutherford's Farm The Rutherford's Farm House The interpretative signs will contain language and pictures acceptable to the Frederick County Historic Resources Advisory Board. The maintenance of the interpretative signs, picnic tables, landscaping and public parking for the interpretative sign viewing area shall be the responsibility of the Rutherford Crossing Association. 2.) Landscaping 41 April 5, 2004 1 Revised September 5, 2006 Revised October 26. 2006 Revised November 7, 2006 The Applicant, Rutherford Farm, LLC, hereby agrees to provide a transitional landscape buffer will be provided along Martinsburg Pike (U.S. Route 11 North) as identified on the Master Development Plan prepared by Bury +Partners. This landscape easement will be 15' in width and will consist of a low earthen mound of 2 -3' in height with plantings of ground covers, flowers, grasses, shrubs and trees in general conformity with the landscape buffer typical section provided on the Master Development Plan. The landscape buffer will be installed during the construction of the first structure within the B -2 District portion of the Property, and will be maintained by the Rutherford Crossing Association. 3.) Property Name The Applicant, Rutherford Farm, LLC, hereby proffer the naming of their property to: "Rutherford Crossing" 6 Rutherford Crossing Rezoning NOT CUB Grecnway Engineering E.) Lighting The Applicant, Rutherford Farm, LLC, hereby agrees that all building mounted lights and pole- mounted lights will be of a downcast nature, hooded and directed away from adjacent properties surrounding the proposed project. The Applicant, Rutherford Farm, LLC, will submit lighting plans as a separate attachment for review and approval by the Frederick County Planning Department prior to the installation of these lighting features. F.) Signage April 5, 2004 Revised September 5, 2006 Revised October 26, 2006 Revised November 7, 2006 1.) The Applicant, Rutherford Farm, LLC, hereby proffers that all freestanding business signs located at the entrances to the Property along Martinsburg Pike shall be monument -style signs not to exceed 12' in height. 2.) Within the IA (Interstate Area Overlay) District located throughout the limits of the Property, the Applicant, Rutherford Farm, LLC, and the record owners, Virginia Apple Storage, Inc., C. Robert Solenberger, John S. Scully, IV and John B. Schroth, hereby proffer to limit the total number of signs to three. G.) Recycling Proffer The record owners, Virginia Apple Storage, Inc., C. Robert Solenberger, John S. Scully, IV and John B. Schroth, hereby agree to implement recycling programs with each industrial user to ensure appropriate waste reduction, disposal, and recycling of any waste or byproduct material. The program for each industrial user will be reviewed and will be subject to approval by the Frederick County Recycling Coordinator prior to the issuance of a final occupancy permit for each industrial user. 7 Rutherford Crossing Rezoning Greenway Engineering Signatures April 5, 2004 Revised September 5, 2006 Revised October 26, 2006 Revised November 7, 2006 The conditions proffered above shall be binding upon the heirs, executors, administrators, assigns and successors in the interest of the applicant and owner. In the event the Frederick County Board of Supervisors grants this rezoning and accepts the conditions, the proffered conditions shall apply to the land rezoned in addition to other requirements set forth in the Frederick County Code. Respectfully Submitted: OL or. arm, LLC Date Commonwealth of Virginia, Cit county .f FrerJ��i�k The foregoing instrument was acknowledged before me thisel6 day of PLo Joey" 2006 by Will Calm L- aver(, aresicfeuti- My Commission Expires R'.toYllav I ZQ, ��8 8 To Wit: Notary Public Rutherford Crossing Rezoning NOT CURRENT Grecnway Engineering Signatures April 5, 2004 1 Revised September 5, 2006 Revised October 26, 2006 Revised November 7, 2006 The conditions proffered above shall be binding upon the heirs, executors, administrators, assigns and successors in the interest of the applicant and owner. In the event the Frederick County Board of Supervisors grants this rezoning and accepts the conditions, the proffered conditions shall apply to the land rezoned in addition to other requirements set forth in the Frederick County Code. Respectfully Submitted: A By: e /LF �/ki J�-�/ e-a-7" fi /lk Virginia Apple forage, Inc. Date Commonwealth of Virginia, Cit County" gf Peck la cx. To Wit: The foregoing instrument was acknowledged before me this 2006 by C. rA— My Commission Expires 9 9 Notary ublic Rutherford Crossing Rezoning day of Noelern Pss(C4 M. wiil Greenway Engineering Signatures The conditions proffered above shall be binding upon the heirs, executors, administrators, assigns and successors in the interest of the applicant and owner. In the event the Frederick County Board of Supervisors grants this rezoning and accepts the conditions, the proffered conditions shall apply to the land rezoned in addition to other requirements set forth in the Frederick County Code. Respectfully Submitted: By: r //d ii4.‘2 C. Robert Solenberger Commonwealth of Virginia, City/ ount of VreAervCX The foregoing instrument was acknowledged before me this 9 day of Wptlemb f 2006 by 0. 3ol a.f- SD\fxtgli f My Commission Expires April 5. 2004 Revised September 5, 2006 Revised October 26, 2006 Revised November 7, 2006 10 V /O6 Date To Wit: Rutherford Crossing Rezoning NOT UURRLI 0 Q1 (',ii)nin54inntrl cSStca, M. [AL I) Notary Ptb1ic Greenway Engineering Signatures O April s, 2004 Revised September 5, 2006 Revised October 26, 2006 Revised November 7, 2006 The conditions proffered above shall be binding upon the heirs, executors, administrators, assigns and successors in the interest of the applicant and owner. In the event the Frederick County Board of Supervisors grants this rezoning and accepts the conditions, the proffered conditions shall apply to the land rezoned in addition to other requirements set forth in the Frederick County Code. Respectfully Submitted: By: John cully, IV My Commission Expires rebrivr, 2.q, 2468 k 74 Date //78 Date Commonwealth of Virginia, Cit Count of Fredert To Wit: The foregoing instrument was acknowledged before me this al-h day of NINe.tai bt r 2006 by JO hr, S So) ilj l Notary Public Rutherford Crossing Rezoning NOT CURRENT Greenway Engineering Signatures The conditions proffered above shall be binding upon the heirs, executors, administrators, assigns and successors in the interest of the applicant and owner. In the event the Frederick County Board of Supervisors grants this rezoning and accepts the conditions, the proffered conditions shall apply to the land rezoned in addition to other requirements set forth in the Frederick County Code. Respectfully Submitted: Commonwealth of Virginia, City/ Aptil 5, 2004 Revised September 5, 2006 Revised October 26, 2006 Revised November 7, 2006 11 /8/bCa Date To Wit: Rutherford Crossing Rezoning The foregoing instrument was acknowledged before me this QMn day of Nlove doer 2006 by Jo hn t3 Schro -14n My Commission Expires Fe lorva.�r Zq, 2608 12 Notary Public NOT CURREN N LA N In u 01 m V) Ul 0 iv 0 N s 0) O 0 z 01 0 0 a V) KO ro IJ CO O 0' N 0 01 N m N w u N ru Ln ru N 0 LO N ui ru O 0 re re N 0' n) m N to to rl re re O Cn re re re 3 O f1 D N 0 z 0 0 Kt d o o1 1 a w rn 01 d 4 /L r-. �7 3..Dt TT.ISS J u•0 Jk f .ttr 3,6gSLl SS to co 131 b" to N co co to 3.10.63.1 GS tic 95 .et sse 3,f9,66.t4S SHEET 1 OF 2 same: 1" 400' Dale: NOVEMBER 2006 Designed by: TP Drown by: RP Checced KP Project No. 20225 -01 RUTHERFORD'S FARM INDUSTRIAL PARK ZONING EXHIBIT EXISTING ZONING STONEWALL MAGISTRIAL DISTRICT FREDRICK COUNTY, VIRGINIA Bury +Partners ENGINEERING SOLUTIONS Consulting Engineers and Surveyors 3010 Concorde Parkway, Suitt 1000 Chontilly,Virginia 20151 Tel 703/988 9090 Fox 703 /988 4806 Dury +Partner, -VA. Inc. 0 Copyright 2006 0 0 O Cn CP A 0 0 O 0 n n 0 0 0 0 -o 0 on on 0 0 r1 m 0 O 0 N m 0) z 0 cn m N u 0' 0) 0 CC NJ 0) NJ cn 'u 01 0 to O U v on O z 0 N 0 0 b m A (.1 N 00 CJI m A CP 0) on m m m 01 m 0 r1 0 01 OD s 0 ti D 01 0 0 Z 0 0 z 0 m A O 0 CO 00 0 0 ti ti b r w w I u IL CSC 3,09,2C.1 SS 1d LO6 0 ig I i- ia'r_— D O 0 to cn N g 0 m0 0 aU 0 1 1 1 1 1 1 0 CO CO CO CO C) ca N N (0 01 0 J r0 0 4l CD 0 Z \k I\ \n 1 i\?Tor CURREN I I II SHEET 2 OF 2 sane: 1" 400' Dote: NOVEMBER 2006 Designed by: KP Brown by: RP Checked by: TP Project No. 20225 -01 RUTHERFORD CROSSING ZONING EXHIBIT PROPOSED ZONING STONEWALL MAGISTRIAL DISTRICT FREDRICK COUNTY, VIRGINIA Bury +Partners ENGINEERING SOLUTIONS Consulting Engineers and Surveyors 3010 Concorde Parkway. Suite 1000 Chentilly,Virginia 20151 Tel 703/968-9090 Fax 703/966 -4066 Bury *Partners -VA, Inc. C Copyright 2006