Loading...
HomeMy WebLinkAbout19-06 Proffers4 9 —cj1p R U 4Q d� c ,Q 4∎ 1 RE CEIVED FROM ADDRESS ACCOUN AMT. OF ACCOUNT AMT. PAID BALANCE DUE CHECK MONEY ORDER y Pay to theorderof TREASURER OF EDERICKtiCOUN T" COUNTY OF 'FREDERICK "}VIRGINIA P O.BOX 220 z s =I'x' WINCHESTER, VA: 22604 mw.:l� I 'll aS} heck, Im4� i lu��li i i l4 a a,.lrv IIl II r n Rllry ll�ll�ll'�ill. 0/ ate /2007 C0828 x CFeck'Am 0 a ':-":2'0 6 66 1 110 t11 ilh1:Mr', ar "bli i Il f P 4 1,10 I 2 �il, tll°1 it lt pl jy$ "Ih' s t o 4� I 41 dh l l f 16>, i t i 4 G I.. u l 1 ouSand AND,OOM00` 1 i i w' �9 t3 11i l �.k i rl dill jl �'tl ll I'��II�>��� IV l ��lp IiU lilil �l�"�i11 'I 14 i 16 xi�VOID IF „=NOTICASHED' 180jDAYSIWRHIN)DATE OFII I «,v 4:, m�. ko�a,`>w��n- "082870 1:0 5 390448 31: 000?3LO5bL42” FILE UUPi October 16, 2007 Ms. Candice Perkins Frederick County Planning Department 107 North Kent Street Winchester, VA 22601 Dear Ms. Perkins: Enclosed is the check for the proffers for the Winchester Industrial project. Please let me know if I can be of further assistance. With kind regards, Mendy William /maw Enclosure OCT 1 8 2007 1286412 340 E MAIN ST, SUITE 5OO SPARTANBURG, SC 29302 JOHNSON DEVELOPMENT ASSOCIATES, INC. INDUSTRIAL MULTI REAL ESTATE DEVELOPERS Re: Winchester Industrial Site PO Box 3524 SPARTANBURG, SC 29304 P 964.585.2000 F 864.594.5998 WWW. JOHNSON DEVELOPMENT. NET Cankiifitinerica FILE COPY Bank Di N.A. Bade UL`nsium C 9 '113 07.0$ 1000 V. Temple Si.. Loa Aned:., CA 90012.15140 00 -3: 0201NS8 10.20115 BANK OF AMERICA CONFIDENTIAL DATE: JANUARY 10, 2007 IRREVOCABLE STANDBY LETTER OF CREDIT NUMBER:. 3086177 BENEFICIARY TREASURER, COUNTY OF FREDERICK 107 NORTH KENT STREET WINCHESTER, VIRGINIA 22601 WE HEREBY ISSUE OUR IRREVOCABLE LETTER OF CREDIT NO. 3086177 IN FAVOR OF THE TREASURER, COUNTY OF FREDERICK, VIRGINIA, FOR THE ACCOUNT OF WINCHESTER INDUSTRIAL PROPERTIES, LLC FOR A SUM NOT EXCEEDING FOUR HUNDRED THOUSAND AND 00 /100 U.S. DOLLARS ($400,000.00) AVAILABLE BY YOUR SIGHT DRAFT ON BANK OF AMERICA, N.A. AND ACCOMPANIED BY THE DOCUMENTS STATED BELOW: A CERTIFIED STATEMENT SIGNED BY THE ZONING ADMINISTRATOR OR AN AUTHORIZED OFFICIAL OF THE COUNTY OF FREDERICK STATING THAT WINCHESTER INDUSTRIAL PROPERTIES, LLC HAS NOT SATISFACTORILY COMPLETED THEIR PROFFERED OBLIGATION AS STATED IN REZONING #19 -06 SEEFRIED PROPERTY, ITEM 1.4. MORE SPECIFICALLY, THE PROFFER STATES THAT THE APPLICANT SHALL PAY THE COUNTY OF FREDERICK TO BE USED BY THE COUNTY FOR TRANSPORTATION IMPROVEMENTS IN THE ROUTE 11 NORTH FO1ZI' COLLIER ROUTE 7 EAST AREA. AND /OR A STATEMENT SIGNED BY THE ZONING /SUBDIVISIO:N ADMINISTRATOR OF THE COUNTY OF FREDERICK THAT: "THE DRAWING IS FOR THE EXPLICIT PURPOSE OF PROVIDING FOR THE PROFFERED CASH CONTRIBUTION TOWARDS TRANSPORTATION IMPROVEMENTS IN THE ROUTE 11 NORTH FORT COLLIER ROUTE 7 EAST AREA PURSUANT TO THE AGREEMENT OF THE APPLICANT, DEVELOPER, OR HIS AGENT TO COMPLY WITH SAID ORDINANCE AS A CONDITION OF THE APPROVAL OF REZONING #19 -06 TO THE SATISFACT:LON OF THE ZONING ADMINISTRATOR." WE HEREBY ENGAGE WITH BENEFICIARY, THAT ALL DRAFTS DRAWN IN COMPLIANCE WITH THE TERMS OF THIS CREDIT SHALL BE DULY HONORED UPON PRESEN'I'ACION AND DELIVERY OF THE ABOVE DOCUMENTS. ORIGINAL EXPIRATION JANUARY 10, 2008 AT OUR COUNTERS PAGE: 1 APPLICANT WINCHESTER INDUSTRIAL PROPERTIES, LLC 961 E. MAIN STREET SPARTANBURG, SC 29302 AMOUNT NOT EXCEEDING USD 400,000.00 NOT EXCEEDING FOUR HUNDRED THOUSAND AND 00 /100'S US DOLLARS BANK OF AMERICA CONFIDENTIAL THIS IS AN INTEGRAL PART OF LETTER OF CREDIT NUMBER: 3086177 THIS IRREVOCABLE LETTER OF CREDIT SHALL REMAIN IN FULL FORCE AND EFFECT FOR A MINIMUM OF ONE (1) YEAR FROM THE DATE HEREOF AND SHALL BE AUTOMATICALLY EXTENDED FOR ADDITIONAL TERMS OF SIX (6) MONTHS FROM THE PRESENT OR FUTURE EXPIRATION DATES, UNLESS AT LEAST SIXTY (60) DAYS PRIOR TO SUCH DATE OR DATES, WE SHALL NOTIFY THE COUNTY IN WRITING TO: "ZONING AND SUBDIVISION ADMINISTRATOR, FREDERICK COUNTY PLANNING DEPARTMENT, SUITE 202, 107 NORTH KENT STREET, WINCHESTER, VIRGINIA 22601 BY CERTIFIED MAIL, RETURN RECEIPT REQUESTED, THAT WE ELECT NOT TO EXTEND THE LETTER OF CREDIT FOR SUCH ADDITIONAL PERIOD. DURING THE LAST THIRTY (30) DAYS WHILE THIS LETTER. OF CREDIT IS IN FORCE AND EFFECT AFTER NOTICE OF TERMINATION I -LAS BEEN SENT, THE COUNTY MAY DRAW UP TO THE FULL AVAILABLE BALANCE WHEN ACCOMPANIED BY A CERTIFICATE STATING THAT WINCHESTER INDUSTRIAL PROPERTIES, LLC, HAS FAILED TO PROVIDE AN ACCEPTABLE SUBSTITUTE IRREVOCABLE LETTER OF CREDIT OR DEPOSIT IN ESCROW, AND A CERTIFICATE STATING THAT: "THE FUNDS WILL BE HELD BY THE COUNTY FOR THE SOLE PURPOSE OF PROVIDING FOR THE COMPLETION AND /OR MAINTENANCE OF THE SITE PLAN AND /OR SUBDIVISION REQUIREMENTS TO THE SATISFACTION OF THE ZONING /SUBDIVISION ADMINISTRATOR OR HIS AUTHORIZED OFFICIAL." THIS CREDIT SIIALL BE TERMINATED PRIOR TO THE EXPIRY DATE UPON RECEIPT OF WRITTEN INSTRUCTIONS FROM THE ZONING /SUBDIVISION ADMINISTRATOR OF THE COUNTY OF FREDERICK TO BANK OF AMERICA, N.A. STATING THAT WINCHESTER INDUSTRIAL PROPERTIES, LLC HAS SATISFACTORILY PERFORMED AND FULFILLED THE OBLIGATIONS AND REQUIREMENTS OF THE SUBJECT SITE PLAN OR SUBDIVISION, AND ACCOMPANIED BY THE ORIGINAL LETTER OF CREDIT AND AMENDMENTS THERETO. WE HEREBY AGREE WITH YOU THAT DOCUMENTS PRESENTED IN COMPLIANCE WITH THE TERMS OF THIS LETTER OF CREDIT WILL BE DULY HONORED UPON PRESENTATION TO U5 AT BANK OF AMERICA, N.A., 1000 W. TEMPLE STREET, MAIL CODE: CA9- 705- 07 -05, LOS ANGELES, CA 90012, ATTN: STANDBY LETTERS OF CREDIT DEPARTMENT ON OR BEFORE THE EXPIRY DATE AS SPECIFIED HEREIN. THIS LETTER OF CREDIT IS SUBJECT TO THE INTERNATIONAL STANDBY PRACTICES 1998, ICC PUBLICATION NO. 590. IF YOU REQUIRE ANY ASSISTANCE OR HAVE ANY QUESTIONS REGARDING THIS TRANSACTION, PLEASE CALL 213 -481 -7844. a CHERYL JEFFERSON .tuer@Ca SIGNATURE THIS DOCUMENT CONSISTS OF 2 PAGE(S). ORIGINAL 1 PAGE: 2 REZONING: PROPOSED PROFFER STATEMENT Rz. M-06 Rural Areas (RA) and MH -1 (Mobile Home Community to Light Industrial (M1) PROPERTY: 7538 acres Tax Map Parcels 54 -A -89 (portion), 54 -A -91 (portion) [the "Property" RECORD OWNER: William J. Lockhart et als (54 -A -89) Arcadia Mobile Park, Inc. (54 -A -91) APPLICANT: Seefried Properties, Inc. PROJECT NANLE: Seefried Property ORIGINAL DATE OF PROFFERS: October 3, 2006 REVISION DATE(S): 11/8/06; 11/9/06; 11/30/06; 12/5/06; 12/6/06; 12/12/06; 12/13/06 Arcadia Mobile Park, Inc. is the fee simple owner of Parcel 54 -A -91 by virtue of that certain Deed from William J. Lockhart and Dellitt J. Lockhart, as grantors, and Arcadia Mobile Park, Inc., as grantee, dated February 6, 1979, and recorded in Deed Book 350, Page 481 of the Frederick County, VA records. William J. Lockhart, Jr., Joan E. Brock, Donald Eugene Lockhart, Walter M. Lockhart, Robert S. Lockhart and Linda L. Wilson are the fee simple owners of Parcel 54 -A -89. William J. Lockhart, Sr. obtained title to the property by virtue of that certain Deed from E. B. Clevenger, et al, dated January 23, 1948, and recorded January 27, 1948 in Deed Book 204, Page 3, Frederick County, records. -William J. Lockhart, Sr. died and by his Last Will and Testament recorded in Will Book 75, Page 720, devised, without qualification, Parcel II to his surviving widow, Dellitt Elizabeth Lockhart. Dellitt Elizabeth Lockhart died, intestate, and by Affidavit recorded in Deed Book 934, Page 658 and documents filed as part of her Estate No. 98 -123 in Will Book 113, Page 94, her only heirs at law were established as William J. Lockhart, Jr., Joan E. Brock, Donald Eugene Lockhart, Walter M. Lockhart, Robert S. Lockhart and Linda L. Wilson. Donald Eugene Lockhart died after Delia Elizabeth Lockhart, and by will devised his interest in the property to his wife, Tamara Lockhart. The undersigned hereby proffers that the use and development of the subject property (`Property"), as described above, shall be in strict conformance with the following conditions. In the event that the above referenced M1 conditional rezoning is not granted as applied for by the applicant ("Applicant"), these proffers shall be deemed withdrawn and shall be null and void. Further, these proffers are contingent upon final rezoning of the Property with "final rezoning" defined as that rezoning which is in effect on the day following the last day upon which the Frederick County Board of County Supervisors (die "Board decision granting the rezoning may be contested in the appropriate court. If the Board's decision is contested, and the Applicant elects not to submit development plans until such contest is resolved, the term rezoning shall include the day following entry of a final court order affirming the decision of the Board which has not been appealed, or, if appealed, the day following which the decision has been affirmed on appeal. The headings of the proffers set forth below have been prepared for convenience or reference only and shall not control or affect the meaning or be taken as an interpretation of any provision of the proffers. The term "Applicant" as referenced herein shall include within its meaning all fume owners and successors in interest. 1 of5 Proffer Statement Seefried Property 1. Cash Proffers 1.1 The Applicant shall contribute to the County of Frederick the sum of $15,000.00 for fire and rescue purposes upon issuance of the first building permit. 1.2 The Applicant shall contribute to the County of Frederick the sum of $3,000.00 for Sheriff's office purposes upon issuance of the first building permit. 1.3 The Applicant shall contribute to the County of Frederick the sum of $2,000.00 for general government purposes upon issuance of the first building permit. 1.4 The Applicant shall pay to the County the total sum of Four Hundred Thousand Dollars ($400,000.00), to be used by the County, in its discretion, for transportation improvements in the Route 11 North Fort Collies Route 7 East area. Within five (5) business days of transfer of ownership by the Record Owner or Record Owners of all or any part of the Property, or upon approval of the first site plan on the Property, whichever first occurs, the Applicant shall provide to the County a letter of credit or other instrument, in a form satisfactory to the County, upon which the county may draw the funds, in full or in increments. Any unpaid portion of the $400,000.00 shall be paid to the County on a date (2) years from the date the aforesaid letter of credit or other instrument is provided to the County. 2. Site Development 2.1 Development of the Property shall not exceed 1,000,000 square feet of gross floor area. Furthermore, office use on the site shall only be permitted as an accessory to industrial uses. 2.2 Stormwater management pond facilities shall be lined groundwater impacts. h an impervious surface to avoid 2.3 The Applicant shall construct the future access road to Virginia Department of Transportation standards with a minimum pavement width of 26 feet. 2.4 Street trees shall be located a maximum of 50 feet apart along both sides of the future access road. Said street trees shall be planted prior to occupancy of any building on site. 2.5 A geotechnical analysis shall be prepared and submitted to Frederick County for any structures prior to site plan approval. 3. Transportation 3.1 A direct connection between the Property and Fort Collier Road shall be prohibited. Furthermore, the Applicant shall vacate by recorded document the existing access easement located on the property identified as Tax Map Parcel 54 -A -92B within 120 days of rezoning approval. 3.2 The project entrance 11 be located on Brooke Road. 3.3 The Applicant shall construct a northbound right turn lane on Brooke Road at the project entrance prior to the issuance of the first occupancy permit for any building on the Property. SIGNATURES APPEAR ON TFIE FOLLOWING PAGES 2 of 5 Proffer Statement Respectfully submitted, t Z c William J. Lockhart, Jr attermelz V an E. Brock Tamara Lockhart STATE OF VIRGINIA, AT LARGE FREDERICK COUNTY, To -wit: M y commissio expire ,4 1 e t j f' 31 Z D o r i Notary PublicJ n Notary Public My commission ex r s 4ccq 145,4 3 Zob 9 tr. 3 of 5 Walter M. Lockhart s, Robert S. Lockhart r The foregoing instrument was acknowledged before me this day of P oc 2006, by William J. Lockhart, Jr. STATE OF VIRGINIA, AT LARGE FREDERICK COUNTY, To -wit: The foregoing instrument was acknowledged before me this 13 lrk day of /her a m (LAC 2006, by Joan E. Brock, Tamara Lockhart, Walter M. Lockhart, Robert S. Lockhart, .and L nda L Wilson, by William J Lockhart, Jr., their attorney in fact. Seefried Property Proffer Statement Arcadia Mobile Park, Inc. By: Date: STATE OF VIRGINIA, AT LARGE FREDERICK COUNTY, To -wit: The foregoing instrument was acknowledged before me this 2 d ay of 2006, by William J Lockhart, Jr. My commission expires Notary Public /l1& M 21 3/ Zoo 4 of 5 Seefried Property 41 ProNI- Statement Seefiied Properties, In By: fear Date: 0- 7/3/a6 epr is STATE Or A, AT LARGE 4 D PJCKCOUN"l'Y, T'o -wit: Cobb T'he fo e €rain instrumem was acknowledged before me this j day of PIiY/(1fiir 2006. by b(( S PLY- 445ill a an u wun,,, Yly commission e r AL 21/ 7.00-7 �y OT 3, St 1. t Notary Public GEORGIA 4 ExpIREs I AUG. 25. 2007 KG(� (.Vas 5 of 5 Seefried Property 1 O Q ee O SEEFRIED PROPERTY ZONING BOUNDARY FREDERICK COUNTY, V /RG /N /A TOTAL AREA 75.38 AC. Patton, Harris, Rust Associates 117 E. Picadilly St. Winchester, Virginia 22601 VOICE (540) 667 -2139 FAX: (540) 665 -0493 Seefried Property VDOT Comments to Proposed Rezoning Frederick County Page 1 of 2 Candice Perkins Eric R. Lawrence, AICP Director, Department of Planning and Development Frederick County 107 N. Kent Street Winchester, VA 22601 540- 665 -5651 540 665 -6395 (fax) elawrenc va. us www.co.frederick.va.us 1 From: Eric Lawrence [elawrenc @co.frederick.va.us] Sent: Wednesday, December 06, 2006 11:00 AM To: 'Candice Perkins' Subject: FW: Seefried Property VDOT Comments to Proposed Rezoning Frederick County Original Message From: Funkhouser, Rhonda [mailto: Rhonda .Funkhouser @VDOT.Virginia.gov] On Behalf Of Ingram, Lloyd Sent: Wednesday, December 06, 2006 10:56 AM To: 'Patrick R. Sowers' Cc: 'CMaddox @shentel.net'; 'Eric Lawrence'; Copp, Jerry; Ingram, Lloyd; Alexander, Scott Subject: Seefried Property VDOT Comments to Proposed Rezoning Frederick County The documentation within the application to rezone this property appears to have significant measurable impact on Routes 1328, 1322, 1320, 1323, 1200 and 11. These route are the VDOT roadways which have been considered as the access to the property referenced. VDOT is satisfied that the transportation proffers offered in the Seefried Rezoning Application dated October 3, 2006, revised December 5, 2006 addresses transportation concerns associated with this request. VDOT strongly recommends and encourages the developer to pursue access from the proposed rezoned property to Route 1323 via the Winchester Pasta Property. Before development, this office will require a complete set of construction plans detailing entrance designs, drainage features, and traffic flow data from the I.T.E. Trip Generation Manual, Seventh Edition for review. VDOT reserves the right to comment on all right -of -way needs, including right -of -way dedications, traffic signalization, and off -site roadway improvements and drainage. Any work performed on the State's right -of -way must be covered under a land use permit. This permit is issued by this office and requires an inspection fee and surety bond coverage. Thank you for allowing us the opportunity to comment. 12/6/2006 Seefried Property VDOT Comments to Proposed Rezoning Frederick County Page 2 of 2 Lloyd A. Ingram Transportation Engineer VDOT Edinburg Residency Land Development 14031 Old Valley Pike Edinburg, VA 22824 (540) 984-5611 (540) 984 -5607 (fax) 12/6/2006 WILBUR C. HALL (1892 HALL, MONAHAN, ENGLE, MAHAN MITCHELL 7 8 307 EAST MARKET STREET THOMAS V. MONAHAN (1924 1999) LEESBURG, VIRGINIA SAMUEL D. ENGLE 0. LELAND MAHAN ROBERT T. MITCHELL, JR. JAMES A. KLENKAR STEVEN F. JACKSON DENNIS J. MCLOUGHLIN, JR. A PARTNERSHIP OF PROFESSIONAL CORPORATIONS TELEPHONE 7037721050 ATTORNEYS AT LAW November 27, 2006 B EAST OOSCAWEN STREET WINCHESTER, VIRGINIA TELEPHONE 540-662 -3200 FAX 540 862 4304 E Ia'wye,s @halIM011ahaR.COM HAND DELIVERED Candice E. Perkins Planner II Frederick County Department of Planning Development 107 North Kent Street Winchester, VA 22601 Re: Seefried Property (Seefried Properties, Inc.) Proposed Proffer Statement NOV 2 7 2006 PLEASE REPLY TO: P. 0. BOX 848 WINCHESTER, VIRGINIA 22604 0848 Dear Candice: I have reviewed the above referenced Proffer Statement. It is my opinion that the proposed Proffer Statement is generally in a form to meet the requirements of the Frederick County Zoning Ordinance and the Code of Virginia, subject to the following comments: 1. The proposed Proffer Statement should contain a paragraph setting forth the identity of the owner or owners of each parcel, and the source of title for their ownership. 2. The first paragraph of the proposed Proffer Statement states that the proffers "shall supersede all other proffers that may have been made prior hereto." If there has been a prior proffered rezoning on either of the properties, a copy of the previously approved proffers should be provided to me to supplement this review. If there has been no prior proffered rezoning, the above quoted language should be deleted. Candice E. Perkins November 27, 2006 Page 2 HALL, MONAHAN, ENGLE, MAHAN MITCHELL 3. In paragraph 1 of the proffers (Monetary Contribution), I would suggest that the word "industrial" be removed from each of the three proffers, so that the subject monetary contributions will be due upon the issuance of the first building permit on the property. Since the property is being zoned to an industrial category, the proffer should be due upon the issuance of the first building permit on the property, without having to make a determination as to whether the building being constructed is "industrial 4. Proffer 2.1, which states that "Site lighting shall be constructed in a manner that avoids any negative impacts to adjacent properties is unnecessarily vague. The proffer should either detail the specifics of the lighting, or add at the end of the sentence "as determined by the Zoning Administrator." 5. In Proffers 2.4 and 2.5, reference is made to a "future access road Since the proposed Proffer Statement makes no reference to a Generalized Development Plan, nor any reference to a plat to be made a part of the proffers showing the location of the future access road, staff needs to determine whether it can reasonably evaluate these two proffers. 6. One of the record owners of the Property is shown to be "William J. Lockhart, et als This indicates more than one owner. However, the Proffer Statement is set up to be signed (on Page 3 of 5) by one person on behalf of "William J. Lockhart, et als The Frederick County tax parcel information references Deed Book 934 at Page 658. The document there recorded is a Affidavit showing the heirs of Delitt Elizabeth Lockhart. That affidavit indicates that Delitt Elizabeth Lockhart died intestate (without a will), leaving as her heirs the six persons listed on the affidavit. Presumably, Delitt Elizabeth Lockhart was the owner of the property, and upon her death the title to the property passed to her six heirs listed on the affidavit. If this is the case, then each of the owners of the property must sign the Rezoning Application and the Proffer Statement, unless there is produced a legally sufficient Candice E. Perkins November 27, 2006 Page 3 HALL, MONAHAN, ENGLE, MAHAN MITCHELL power of attorney for a person to sign these documents on behalf of one or more of the owners. I enclose a copy of the affidavit recorded in Deed Book 934 at Page 658. It should be noted that I have not reviewed the substance of the proffers as to whether the proffers are suitable and appropriate for the rezoning of this specific property, or whether other proffers would be appropriate, as it is my understanding that that review will be done by the staff and the Planning Commission. me. RTM/ks Enclosure If there are any questions concerning the foregoing comments, please contact 1 of 5 PROPOSED PROFFER STATEMENT REZONING: RZ. Rural Areas (RA) and MH -1 (Mobile Home Community) to Tight Industrial (M1) PROPERTY: 75.38 acres Tax Map Parcels 54 -A -89 (portion), 54 -A -91 (portion) the "Property "1 RECORD OWNER: William J. Lockhart et als (54 -A -89) Arcadia Mobile Park, LLC (54 -A -91) APPLICANT: Seefried Properties, Inc. PROJECT NAME: Seefried Property ORIGINAL DATE OF PROFFERS: October 3, 2006 REVISION DATE(S): November 8, 2006 November 9, 2006 November 30, 2006 December 5, 2006 The undersigned hereby proffers that the use and development of the subject property (`Property'), as described above, shall be in strict conformance with the following c onditions. In the event that the above referenced M1 conditional rezoning is not granted as applied for by the applicant ("Applicant"), these proffers shall be deemed withdrawn and shall be null and void. Further, these proffers are contingent upon final rezoning of the Property with "final rezoning" defined as that rezoning which is in effect on the day following the last day upon which the Frederick County Board of County Supervisors (the `Board decision granting the rezoning may be contested in the appropriate court. If the Board's decision is contested, and the Applicant elects not to submit development plans until such contest is resolved, the term rezoning shall include the day following entry of a final court order affirming the decision of the Board which has not been appealed, or, if appealed, the day following which the decision has been affirmed on appeal. The headings of the proffers set forth below have been prepared for convenience or reference only and shall not control or affect the meaning or be taken as an interpretation of any provision of the proffers. The term "Applicant" as referenced herein shall include within its meaning all future owners and successors in interest. 1. Moneta Co ntribution 1.1 The Applicant shall contribute to the County of Frederick the sum of $15,000.00 for fire and rescue purposes upon issuance of the first building permit. 1.2 The Applicant shall contribute to the County of Frederick the sum of $3,000.00 for Sheriff's office purposes upon issuance of the first building permit. 1.3 The Applicant shall contribute to the County of Frederick the sum of $2,000.00 for general government purposes upon issuance of the first building permit. Proffer Statement 2 of 5 Seefried Property 2. Site De ve��t 2.1 Development of the Property shall not exceed 1,000,000 square feet of gross floor area. Furthermore, office use on the site shall only be permitted as an accessory to industrial uses. 2.2 Stormwater management pond facilities shall be lined with an impervious surface to avoid groundwater impacts. 2.3 The Applicant shall construct the future access road t of 2g fiat Department of Transportation standards with a minim p a 2.4 future access h road. lSaidestreet1tree maximum b 0 feet l along planted prior to occupancy of any building on site. 2.5 A geotechnical analysis shall be prepared and submitted to Frederick County for any structures prior to site plan approval. 3. Trans oortation 3.1 Within m yin of aggregate approval, mount of Applicant shall his funding is available for Frederick County to utilize for local roadway improvements at the County's sole discretion. If at the end of two years from rezoning approval this funding has not been requested then the bond shall cease and a cash payment made to Frederick County in the amount of $400,000 for the County's use for roadway improvements. 3. A direct connection between the Property and Fort Collier Road shall be prohibited. 3.3 The project entrance will be located on Brooke Road, the Applicant shall construct a northbound right turn lane on Brooke Road at the project entrance prior to occupancy of the first building. SIGNATURES APPEAR ON THE. FOLLOWING PAGES Proffer Statement Respectfully submitted, William J. Lockhart et als By: Date: STATE OF VIRGINIA, AT LARGE FREDERICK COUNTY, To -wit: The foregoing instrument was acknowledged before me this T IL day of l 2006, by 1 'hm L OCld Art J My commission expire/ Notary Public 1 3/ Zooe, 3 of 5 Seefried Property Proffer Statement Arcadia Mobile Park, LLC By: Date: STATE OF VIRGINIA, AT LARGE FREDERICK COUNTY, To -wit: f The foregoing instrument was acknowledged before me this day of PC1 2006, by i I 4 0 J Lac ntc My c ommission expires Notary Public 3 2 0 7 4 of 5 Scefried Property Proffer Statement Seefried Properties, Inc. 2 By: /141.11 (4421. h Date: 2006, by ly corrunis Notary Public (0) r. 5 of 5 tt‘ STATE OF AT LARGE 1-RESERR4K- COUNTY", To-wit: babb The foregoing instrument was acknowledged before me this illitclay of Teldithaf Seen Property Special Limited Power of Attorney County of Frederick, Virginia Frederick Planning Web Site: www.co.frederick.va.ns Department of Planning Development, County of Frederick, Virginia, 107 North Kent Street, Winchester, Virginia 22601 Phone 540-665-5651 Facsimile 540- 665 -639 Know All Men By Those Present: Thal I (We) (Phone) 703.354.�- (Name.) See fried Pro ernes, Inc (Address) 5350 Shawnee Road Suite, 350 Alexandria..VA 22312 the owner(s) of all those tracts or parcels of land "Property conveyed to me (us), by decd recorded in the Clerk's Office of the Circuit Court of the County of Frederick. Virginia, by on Page 481. and is described as Deed Book 350 Tax Map Parcel 54 -A -91 Subdivision: do hereby make, constitute and appoint: (Name) Patton Harris Rust Associates (Phone) 540 667.2139 (Address) 117 E. Piccadilly Street, Suite 200. Winchester, Viroinia 22601 To act authority I (we) would have if actting to file planning r appl applications s ons for my (modabove el and described Property, including 3i Rezoning (including proffers) Conditional Use Permits Master Development Plan (Preliminary and Final) Subdivision Site Plan My attorney -in -fact shall have the authority to offer proffered conditions and to make amendments «t previously approved proffered conditions except as follows: This authorization shall expire one year from the day it is sinned, or until it is otherwise rescinded or modified. day of In witness Cher if. I (we) av hereto set my (our) hand and seal this Signature,(') 1 Ars, Or in State of 1 .3 I. 1 Gl- City /County of P f .a Notary Public in and for the jurisdiction 1, certify thin the person(') who signed to the foregoing instrmnent personally appeared before me nd has aforesaid, w (it& day of D{-U- l-42p0 Q_. and has uck� .vlerl the same before me in ih \z, !k)id 1t�resaid this Mj Commission Expires: /i 20 _I x074-..:." ^y l c nt r':; Notary Publ Special Limited Power of Attorney County of Frederick, Virginia Frederick Planning Web Site: www.co.frederick.va.us Department of Planning Development, County of Frederick, Virginia, 107 North Kent Street, Winchester, Virginia 22601 Phone 540- 665-5651 Facsimile 540 -665439 Know All Men By Those Present: That 1 (We) (Phone) 701/54699 (Name) Sec(Yied Pro cities. Inc (Address) 5350 Shawnee Road. Suite 350 Alexandria. VA 2271 the owner(s) of all those tracts or parcels of land "Property conveyed to me (us). by decd recorded in the Clerk's Office of the Circuit Court of the County of Frederick, Virginia., by and is dcsciihed as Deed Book 934 on Page 658 Tax Map Parcel 54 -A -89 Subdivision: do hereby make. constitute and appoint: (Name) Patton Harris Rust Associates (Phone) 540.667? 139 (Address) 117 E. Piccadill Street. Suite 200. Winchester. Virginia 22601 To act as my tNe and lawful attorney -in -fact for and in my (our) name. place, and stead with full power and authority I (we) would have if acting personally to file planning applications for my (our) above described Property. including X Rezoning (including proffers) Conditional Use Permits Master Development Plan (Preliminary and Final) Subdivision Site Plan My attorney -in -fact shall have the authority to offer proffered conditions and to make amendments to previously approved proffered conditions except as follows: This authorization shall expire one year from the day it is signed. or until it is otherwise rescinded or In witness the modified. Dlr��20t1 nf, 1 f w�l v hereto set my (our) hand and seal this day of Signaturetsl ..�r,iJ Lo.) G6 City /County of bb State 01 1 Q .a Notary Public in and for the jurisdiction aforesaid. -citify that the person(s) who signed to the furegoin instrument personally appeared before nie 1 A and has ackn: 'le ih same before me in Ihc,jwitz}ici49n aforesaid this Jay of V` J un 1- l/ ,o -.1cly Commission Expires EXP.'ES GEORGIA AUG- 25 2c To -wit: PDh?Ff' S. ry r' Si t P ConotArE: Chantilly y@GINIA OFFICES: Bridgewater Chantilly Charlottesville Fredericksburg Leesburg Newport News Virginia Beoch Winchester Woodbridge LABORATORIES'. Chantilly Fredericksburg MARYLAND OFFICES: Baltimore Columbia Frederick Germantown Hollywood PENNSYLVANIA OFFICE: Allentown WEST VIRGINIA OFFICE: Martinsburg T 540.667.2 F 540.665.0 117 East Piccadilly Street Suite 200 Winchester, VA 22601 Patton Harris Rust Associates Engineers. Surveyors. Planners. Londscope Architects. December 5, 2006 HAND DELIVERED Mr. Robert T. Mitchell, Jr. P.O. Box 848 Winchester, VA 22604 RE: Seefried Rezoning Application Required Signatures Dear Mr. Mitchell: I have h rt, Jr. e w executed c w °Mr Lockhart to sign on behalf of his gsiblings smatters Lockhart, J a_ I am providing you related to Tax Map Parcel 54 -A -91 in Frederick County, Virginia_ P these documents in response to your comment letter dated November e 27, 2 ga re rding the Seefried Property rezoning application. In particular, s intended to address comment 6 of your letter, wherein you note th e tax r cu ecord ents indicate multiple owners for the subject property. hope in response to you comment Also, please note that a signature has not been provided by Mr. Donald Eugene Lockhart as he is.deceased. A signature from his surviving wife, Tamara I.Dckhart, has been provided. Please feel free to call me with any questions or comments you may have regarding this matter. Sincerely, Patton Harris Rust Ass« ates Patrick It Sowers Enclosure CC: Candice Perkins Jov 30 06 D4:17p 11 Cot NYY JO; L9 L1 Vl •J JIf Ll_ I MC. 1.0YYL 0100V 540-662 p.2 WIWN 1 T. JR 2OCIW LIIParnED POWIER OF AZTORtaEY KNOW Arritecinr SEN ®a by .044 atslargoiztcd. tat ee l��- R, ins ma ma al '_r p}arc �Y died oC a�ccr dac��s saa .s' 4 La6t Pr-4�Rb` dccsCn' Linker- EF7'r receive °°ooda at mler ptiveW t17c said ot- .with nli .e ,;ma.m* W��- Li o Z n n ,ddD;.gs. ��d ><u1. cemse as 1 aaig� norms tl ongsbnatmtaa a tbatt 'T said oat to could 4 CD P Y ticZCbyeand_a aILiaY!° a data by m miowb��sfOta" or osala y.�a betcot ThisLmLoe3P �t,�aio�• sr �e e�zooi oesctaid- Maas tataa iis7 --a> ta' _4 aF a+T- STATE OF a_a Las C'i1Y' s�1at i rsiry turiiF sob Ern 'go aa� -t Al It 1 nn n cer bcreby dill __n1 AtcniseY,.. vf- k. 1231:1N a y tare= rat arta e 2006 bcsp??ooaltY sPP�°d NOTARY PUBQC_ MF55Wntif galinatltslt &x654 My Commlanior Efiaint Jatwaty ZT. 4WF STATE OF UTAH Dec 01 QS 10: 3 a 14 0,44A tvo tft t 2 1340W BY TBESEPRESENTS: bevesmelMamstitated am§ erliso‘staand by. raplore, ec.00= .11117" my t rue tax Ibtaarandln-easdireerraalir offset Saenemrsti bed j i i c p e t e d s er sae rebtaktOt Salida CiataWnern taerPid areeben4 y =sant:oral *meat, whit An t 077 zoo Le o =cm tatorztrothaesces,agss arani;151-101=Slimalinil: d' real east! es 1 ariglA er4 ;;Irt eutraularaRy. sag L itcrtlY =615 and oettAini alt lastcd DY aia Nene lanai This lizeilzot pevwc w i thet t- see etsbRiry ant= h_latIttlaa gist-al-ha-AN aretay Rail= tiretd for at Sins nen efflowatclabsti2.i 7-1-Citia an" IS tb /53"Win IdnAte5ed;iiiar4inVP:14:dialn reeMitnna-ISCSUC-laidatOWSZdatd SI;ere Bad 1 ,16d;Ctian b;r 1 11 51.7121.30U6. :1 CaTereniall ilPtata 11!23 /2006 16:14 FAX S40 567 5176 VVILLIMIVI J. WI RI, JR Robert L. Aces III 21002 --Lacirsirrawrit OF ATTOOl<Y S370%11 A7I MEN- S FSSENTS YbsiM fller-44 4 f.RLnr.foT Tverrede oomxi �7 ef� d and Y end fa!'. Ott pnn,�s, da mt a canta S 7 .L! j4* d Lc CA'04-4 .,c my true sad -snisli fbe_maaadcm Fl sod atc rU sign say_dend_gr otter Cnwm ad. -t ezie tyy pnrcctds•afeelt nth :rive is Mathis" of tbei ecrtaiss as s a t Lthrt mild ittall Lce. u4th fl _T,ce- wa.�s�f:-i19 m exSoen .ese�• 11 mt. with faceicaser C __a-- t;eres f a sjj LseilLaCkrc+ enddaliw :ficred afl.Ynea other sab-maps and Mien m thirties w tbcule ore id real there as f aught otceer 6-ds theber P" 31 r. eruLd t net aseFurn ail la-W! ac done by thy said cwn erby.pirt,e bet of _mat= =Potws of Attsrrry than Sat ternjaalt m diability of the 'R`IFYJESSISe fatkawittd and td.i- J- j —darof /1 (SEAL) oLI -11 9 4 STATE op ecl 14 L Y Z L 4 c r y a T i rubic sod the the Stet Asa jerbtherien dbteaitd 3aebg .li 1Y-i N t I S�: YY>t f !+.bone .mac J m we �^�mc air. 6aed �acir 1 r 2006 boa pa.cir vppaxAd- bdoicirEaact ae Sate sad jariadictae efo.sa get Gioea Aer�dr5i g s LV 7D06 My-cvraaee+oca ft o�IJIV d 66G1 cir 1 4, ERIta GI9BS p7�Re Sgveoi lcendo ar 121VHNOOI r NroIEM p.2 IL /V4 /CVVO IO. IO fflh OV4DM00 WILLIAM J. LO KHART, JR WC TOWER OF ATTORNEY 10tpwrdthJ» 7Tn1. LJAt- 1K. �scl tfkrtl and Wirsc Jo ma*. nontellutoia ..wt ar+.+ to-" aqZ" deed,a[ ocher d lawful s� :t2 area and in csmLDteN ca m prdmcSbod Y -:s u e ygvm m thc- Belo -af tat c Aar A•aepm*y recetvn f, strip •Teed m> ®ke a T P< M ra off transmit eesc+mlces.mawa�.��� r it TO mC nCadd zc$ ns Lcfet and to do m11. such Qeh�aea. -mew auid -C and oases *111ansEd man dans my sad of wtsld doYLaadc8a slara 21 aaz rzy of dr �Jty v�sm s-1w°°[' Tills T�m+md.Pas�.��a Scion/Wit WITNESS tbctgondnC_sip aeaLthlr L nmcncvnncvvnvw v STATE OE CITY/COUtTrJOF E f�• eo -.+ir_ -r Y ice+ adisbarroToira nw,c y ear, d -1 l� _dagkol= 8tane amd 2066 Isms ply S eibreseid. t~y day of 't `OSS. Ginnw ROTARY Piauc CARMAN N, pALLips ''Pirtt i7ational Brnk j O:By:-0y7 Rbncr +en,. wv anr4 1 A*Fa nmae3n EjpveaFpM 1,imrJ flad 1799 P. and by. tut sod and Stift ad. itmme is ---LablITEOPOWaCIF ATTORNEY jOOW ALL. MEN Sy Tc SP2RESENT ?bat b. -PC9Fi l 5 Z.4GK -after re c, of nod eppointed. and by. liras prei[s ,.tlaaL•Ise. .sf=o,"ad 1r iii -r -h ray true noel -st to Sig aay deal ar�o c documcsS- lawful aautae7: fi,..,... a.�7 i.� name- pk� LL i *rte'' sayrttyavricTkrc eade_oftl5 Pt°PenY °B Lo cKNwcr P* =pet S t and to mate 41 >rzsaY tzaosfres is an &c�n`Wts ib rcnf. with en Mx a*, S'! B5a c m.dS= Ii.ruCa:an�: p .rests ca f might Rad to do all iileb'othCaciS"taavetsai d- ri w or coo]d do U =tine {tsoar3:y: wt& f hereby .atih and coearobtILlawEd rots den= by my said s:n -„�.,r t sn,imtc on disability onto ..+...m.. tyvktutlehawl�•EhoSF.iaffied root afR�a� principal. ��P� VC��06. WirN: SStbe,t,em i�ae .a se><id Vier p 'e VVL STATE OF r r ti to-aid: CLTiClCO F. f,r n„ Stare cud F e y �'n'Ltir a Notary Radio 1 s I. ._C Cl lit whose a is i ,.n,u w to 7 Pas of Attorney_ day o£ 22006 a efiixe6PiaL ytc sad ineinAiction 006 hsa 6 Ga4a nrr:VS4zr° „l arrites- IF 1 CORPORATE: Chantilly VIRGINIA OrFICES: Bridgewater Chantilly Charlottesville Fredericksburg Leesburg Newport News Virginia Beach Winchester Woodbridge LABORATORIES: Chantilly Fredericksburg MARYLAND OFFICES: Baltimore Columbia Frederick Germantown Hollywood PENNSYLVANIA OFFICE: Allentown WEST VIRGINIA OFFICE: Martinsburg 1 540.667.2139 F 540.665.049 117 East Picco Suite 200 Winchester, VA 22601 Patton Harris Rust Associates Engineers. Surveyors. Planners. Londscope Architects. 1 December 2006 Members of the Planning Commission Frederick County, Virginia RE: Seefried Industrial Rezoning Madam Chair Wilmot Gentlemen: Thcrc are 4 reasons why the subject rezoning should receive your approval_ Wednesday night. (1) The timing is important to the industrial partners interest (2) The rezoning will erase 27.24 acres of Residential Zoning (mobile home) which projects into the-existing developed industrial area and is a `By Right" use that is in conflict with the established uses. (3) The proposed user intends a major investment which will provide balance in. the local economy through creation of jobs and tax base. (4) The site is in conformance with the Comprehensive Policy Plan. For your inf otinn CnnF' l PIopexties, Inc- w ill transf r this property,- when rezoned, to the Johnson Development Assoc., Inc. of Spartanburg, South Carolina. Johnson is also intending to purchase the undeveloped land adjacent to World. Pasta, which is currently zoned M -1. The Johnson Group since 1987 has developed over 9,000,000 SF of industrial buildings for use by numerous manufacturing and distribution related industries. Johanson is also the principal developer of the Honnna Industrial Park in Isle of Wight County, Virginia with plans for over a million square feet of speculative industrial space by 2008_ They are recommended by the Virginia Economic- Partnership. The site will support 3 buildings totaling 1,000,000 SF_ Once the fnrst building is occupied, they will begin the next. Each building represents a $12,000,000 investment and once occupied will normally provide another $12,000,000 in- machinery, tools and properties. Many jobs will be created in this complex. 3 Johnson looked at a number of different sites before choosing Frederick County. dilly streetAll of the wise planning decisions made over time by the EDC, Planning Commission and Board of Supervisors have made this possible. 5 9006 P Please accept the revised proffer statement which addresses certain VDOT concerns. We will be in contact with you before the meeting to see if you have any questions. Sincerely yours, PATTON HARRIS RUST ASSOCIATES C. E. Maddox, a Jr., E c s CEM /kf Enclosure cc. Steve Cloud, Seeftied Properties, Inc Copeland Rhea, Johnson Development Board of Supervisors Eric Lawrence Patrick Barker 12/12/2006 TUE 10:29 FAX VtlU IL VV VC.JVd VV ILLIMIVI J. L'AanMK 1 Jr( Know all men by these presents That la r in tit .oc A lbanemade,caasituedandappointed aud these pteseats make; constitute and appfliat Williasa Lacichart, Jr my true and lawful attorney, forme and inmy- name, plentiMead, to "sign any deed -or dbettrnemsandreceive any proceeds'afs relative to Me sale of ptopv,ry described on attacled Schedule s'Aind, to make alt assign teem, and tameyanccstl.e. uf, with all necessary covenants, warranties, and assuraaces,'and =to 4'gr, =.eai, sd acknowr: gc,-aedt eiiVCt the same: and to do alllseeirother mattes, and things nirelatioa•ta -the sale of said real l mi$bt- oeFOn}dt+f acting perstaragy; iaclurrmg specifically to apply forsemr ingrrfthesaid property, and to agree tr aad to submit a*tymni ngpreffets far ti said `property, ,u3d hereby ratify and caulrm all lawful atts=done-by ray -said attorney by-virtue tbertef -This Power of Atmmeysbarllaot mimte -on -disability of the ptim4Jl thr- followingai da of ,2006 v_ STATE OF CITY/COUNTY OF ,_te -wit: I, K ULCL.- ihGA+t71 a Notary Public in -and for the State anti jurisdiction afosesaid hereby ccrtify-that__ W a l Y OC �fLr whose name is signed to -the :..foregoing pavement Attorney, dated -1 21Aday,of CC 2006 has personally appeared befon-myandacknowledged the carne in my State_andj d ii. Wider uty haacithis 12 aayui._ 1 LOC.r 2-006. A AA POWER OF ATTORNEY J4U -661 -1 lyy STATE Of MEET VIRG/MA R*Oae We 00172m1yM0ue SadbCA EN-25303 By Commlealen Esping May 10.30.11 0002/003 p2 G VVa TOTAL AREA 75 38 AC. SEEFRIED PROPERTY ZONING BOUNDARY FREDERICK COUNTY, VIRGINIA Patton, Harris, Rust Associates 117 E. Picodilly St. Winchester, Virginia 22601 VOICE: (540) 667 -2139 FAX: (540) 665 -0493 Dec 12 06 01:390 WILLIAM J. LOCKHART. JR 12/12/2006 10:08 FAX. 54-0 667 5176 Rcutrc L. Juuee wean iwel.arat -POWER OF ATTORNEY 540 -6S2 -1799 Know all men liythese presents: That 1 have made,- conshtutedana appointed and by thesa make; eotsticute and:-appointt William I. Lockhart- as my truemand lawful attorney, =for-nte and inmy.-- name..place,and stead, to sign any dcelizarnther documerfisacd .seceiveaay.proceeds- °£'file relaove to the sale of tft :certain property described on attached- ScheduSL_' and to make all necessary_ transfers, and_cuuveyanceS.thereof, with all necessary covenants, warranties, a ci ssuranees, andjo -sib, s'a and ackn..owled and deliver the same ana_tu do- allsuch o her -acts, matters, and things in matron to the sale- afsaid- real-estate as Lmighte cn1dd do if acting personally, including taspply forrezoning.of said property, and. to agree to and t o- subtaitarty -undall.rezonin�`_prbffats for the said property, and.I hetrbyzatifyfan ennfrrm all lawf:l.acis done my said attorney by virtue. therce£ .T -hi s.Powe oEAttorneyshalLnoi terminate on disability cite principaL,- Wt?1E55- the,follor4ng signati.2eand seal dais jday of 7)p e. erg kb j ed" 2006 STATE OF 1r.. -J^"l: CITY /COU Y -/1 to -wit: T 1 7 LYO NQ a Notary Public in and f or the State ana juruafctic aforesaid, do hereby ccitify that L kiOPt whose na�te'issigsed foregoing Power ofAttorney, dated J kj0.117°,711011X 2006 has personally appeared before my and acknowledged the my State and aforesaid I Given /under wy hand this Jd dayof K��' c 2006 NOTARY PURI IC MITZI CRANE 1St sClwIlit, 64654 My CooMMmfiefon Expires January 27,2007 STATE OF UTAH Myc "omission expires f a =O9 -I3ota.ry Public 02 TOTAL AREA 75.38 AC. 111 SEEFRIED PROPERTY ZONING BOUNDARY FREDERICK COUNTY, V/RG /N /A Patton, Harris, Rust Associates 117 E. Picedilly St. Winchester, Virginia 22601 VOICE (540) 667 -2139 FAX: (540) 665 -0493 Dec 12 06 02:46p WILLIAM J. LOCKHART, JR POWER OF ATTORNEY 540 1799 Know all men by these presents: That rPoL cr S-. L w aye made; constituted appointed -and by these presents, do make, constitute mid appoint Wi fliasn-lAnckhart, T as true and Lawful attorney, for me and in my name, place -and stead, to -sign any deed Of other doemmts enandisceive any proceeds of-sake to tie sale oftti t certain property descnz. ed on attached S clied rde C aid to make ail necessary transfers, u Zi and c onveyances th .2 oA tth all necessary covenants, warranties;- ancrassurances, and to siga, sca1- acknowledge; and deliver the same aml-todo all such other art- matters, and things in',I tier to the sale of soh- real estate -a —1 might or coaldd- do if,acting personally, including specificallyto ayply fvrrnzoning of the said-property, and-to-agree to and to submit and -ail rezoning proffers for the-salt. property; and ratify anctconfitmall lawful done bymysa d awn ..y by thereof. Tin s Puwcr of Attorney shall termiaate-on disability ofThe principal_ WITNESS the following sign a atidsea'this tf ay of STATEOF u Y /CUUNl_Y OF` to-wit: r a Nitary Public in and for the Stfre and jurisdiction aforesaid, do hereby certify ttiat whosc.name 's signed to the fnrrgoingj'owcr of Attorney, dated 1 d a y ofd-.:....- 2006Tras personally: appeared before myind. acknowledgcdihe same in my State and jnrisdirtinn aforesaid Given-under my hand this day- 2006 My eonmossign cxpir r 1uo 1 Notary,P -ublic c TOTAL AREA 75.38 AC. SEEFRIED PROPERTY ZONING BOUNDARY FREDERICK COUNTY, 'ORGMIA Patton, Harris, Rust Associates 117 E Flaccidly St. Winchester, Virginia 22601 VOICE: (540) 667 -2139 FAX: (540) 665 -0493 yy �'�.�����,�55�� OF A a 121 Y F Jt Y, c. t m tuna ay 7 tJU2 1 .4a SYt ro- t anY.sik cg. 69 se+lc to s; ia etdE 'Y f aadt i' c7 t2colti Atit r apgt "csvCL W eti 61E'�,tD y„"; IItr, .4 .r n t eselao#5:7ads l Est lig oictiosdos7 sod wi is end to t cat tt.ty :td all t> Af° fnitkis s p atiy xa4t r dtxnfi sa8iaadiifi. &is w tts d y t (Ids -fbc�a 4At ?y;s#�i mot 2amm�aan 8'._hab4 riPt'!_is;1tZ t .t Stirs OF i'LA.. Ili ik fi ,k, I tt ‘B., 1,- p twined *the andluttE u f i L U di. y JS tbaegos fmvara[Atetsnby.dt1t8:i viayo IQ46 ham pwtwnu y atifolieti tSiart my ant s ttt nan_effi act Stalls and ju i:I icticn afofn5 4 Dec 12 2006 8:42PM sr /13/200 te.azo Els n0 t1TB .Htt?rt t .nstt8 iz Brack Cabinet Inc. 9104297625 Oast P. c TOTAL AREA 75.38 AC. SEEFRIED PROPERTY ZONING BOUNDARY FREDERICK COU /AY, /RG /N /A Patton, Harris, Rust Associates 117 E. Picaailly St. Winchester, Virginia 22601 VOICE: (540) 667 -2139 FAX: (540) 665 -0493 12/12/2006 23:20 FAX 9104810585 CANNON STATE OF -.tvC F\CT. [Li h-C�- ROWER OF ATTORNEY L Kli J r Know all men by these presents: That I a nn a T have made, constituted and appointed 3611l! tbesa.preacr ta, do constionemidappoint Willimo J L- acichact. Jr_as:my.cue aml lawfidmmmey,_forme and in my mane, place and stead, to sigpmydador other documents receive -any proceeds of- sale relative to ttcardeoFthat certain- propeny-dsaeribcd on attached Schedule :47, and to meke-ai- necessary transfers assitments,and<ouveyancenduseotWith all necessary covenants, .wsrrent e_s,-aod assurances, and to sign,. seal. and acknowtedge,mddeliva:the same;.and in do all such other aas,.martera, and things in relation to the sale if said teal Sate as I might or rcld_do if acting personally, Shading spcci ITy t6;apply foe tearniag ofdu said rodeo agree to and to submit any all rearming profasforthewt'tl pmpertrultl hereby ratify ant! whrm all lawful ems donr attorney thereof. This of Attn,scj shai on —disability Ety oft*e principal- ,i WJTNESS the fellonicg-sigrattae and realthis• -Z3 day of 1.11. t 11 2006. (Scsi) CTIY/CDQNTYOFk tk-e a to -wit: r• 1� 16.-i:0. T Et•f 11f rf(aciry public in and for the f 4tate raidMisdi aforesaid, th0 hereb7 atifythat rrt- 14-14-fe i -..J 10 I v r rrho9 is signed to the foregoing PawernffAtmntey,dared]j -dayo CC-f++ /L 20a6-Gas paewaalty appeared befeceAratfranatainowkaiged the same in my State and jetisdtt>mn aforesaid Sdveauodermy-handens t3_- day of, 2006:- My commissiaa lig 001 /001 46 C EX RA ZONE 48.14 AC. 2 F 9`� d'FF? n EX v1H -1 ZONE 27.24 AC. F r 4 c 0 a u V et 4, TOTAL AREA 75.38 AC. SEEFRIED PROPERTY ZONING BOUNDARY FREDERICK COUNT); VIRGINIA Patton, Harris, Rust Associates 117 E. Picadilly St. Winchester, Virginia 22601 VOICE: (540) 667 -2139 FAX: (540) 665 -0493 11 vb• tQE TS 6.NF (Fw ..iw• Donald a 228' 48.6795 -4.n E rne' Y Locther si a�amm.,s .:a'a r♦. sEA [Male Is 1 OAte of DEA!I 1•a:.. oE, w.t A •rll 172006 •....<e..•I Cledr.il VA C. 17 w Plev w• M. ♦•XL OMER: 0 .rr•ED.d•CFE fn•rvWl aa.' 1033 Screeeh{3•IIThive le Married Mt n w•[•n I Jtwow•e.•. A ,r_Tamarn Tip. w HOPE_MILLS DM' rem sue mrsa.rninz g.SuperintendmR •y♦, y/ Re 0 mu zo ma um Wm 1 pee t$..oM11 CUMBERLAND mgyupl Syrlem yA21 %sec. BOWE North Carolina 1 V to t. 01w4, VW 1.15Un ._.aILUMBERLAND Ia..71o, -Milts- OAEET NVMNail .n 4051 Willi ll Lusher Drive usu. Na of. 29341 .ry2•m♦wr161r1 Cups 11Y 11.1 is tit' I! rte,.••- -.nr... n Ctiumirli tdckhan Willie -Bill Luther se. Dellin Elizabeth- Jenkins wn. ,'•n Oriv, Hi+pe Milh Row h Carolina w ...Pace o. 1 s n wJI I" C r: it CE 1 **TIP DUE TO (OR AEA CONSEQUENCE Oq L AUSE:(Wei 4 LERI.IFEa'! Selur.iv•Aa...n,• o. SY't 4 E g'C.T'R -kS-t 6 ec 4ro lo. a K !r Out To io, AAA CONaEdIEKE 00): r♦.Aefrl..w. W+. ee. a Pee woke. a.rtw �..r•.+•w. .wm..eew Wu, /k� Iv:. t•.. No b. N. -..E- .:nn :T .n y.. 1 n 1 1 n.+ i. BE AEPOIZD '0. EMU CERTRIEO aY Au MICA F }u•INEa 0 NEpCM ITS 0 0eA OS_At••. N .r pUM•gEUNOIM O •1SEE GTfO0RitEIS W NI .ab 7 �[I f VS) iTiefttA11L IS a OrL I1- r- a RitAtfl+'•-er'iD N -;ate ss� 3 y¢s- a 1'(,�a,, F 1Tk 4aC 29981 sun is If eucoos a.•. 7S IT n a/ r e u 71` 7S sr. Terry Johnson n. 3 496 0 00:53 ,r `4th: Volume 24 Page -1 1_ 3 3 This is to certify Lbw This in true :.nd emeeel re pl.tdeo ion of ubstraa ut 1114: 00 h ci 11 record filed in this office. 16 .v:i11 ,9•rrTo 9104841487 t7 -�ORTH CARoUNAnEPARTbENTbf.BEAlT14AN0 )*!M+ftRV,cES 5 STATE CENTERAOR11EAiTSTStAlls ni,S- N,t VITAE RECORD$ a.lon CERTIFICATE OF DEATH UIE N o. ✓+E WiIltess lny and Official. ths'lh[ day of Wm a. 1.I (4 RVIS't' ;11x.1 yr vrt--i• u 0 ar:•rama ni STATE OF NORTH CAROLINA CUMBERLAND COUNTY OFFICE OF REGISTER OF DEEDS JOY BALLARD TT u vit J. Lee Warren, Jr. fLyistCr of Deeds Cumberland County f,q.•".tinl. Relives. of 247PJG*43. PAGE 01 V VI Jly �I: eUnuM\ a.• Ka��iAAC3i� :Eiu "'Mp�i�u�T�Ow�J�;'Sk•a�i. l���:a �'��:.���.a 'E'�: }'��Fn C•W���y.�aD11" LE L V4.1l4... a. y:d:4•w¢ c,•107+uS corvn 04/22/2006 00:53 9104841487 LAST WILL AND TESTAMENT OF DONALD EUGENE LOCKHART- JOY BALLARD PAGE 02 I, Donald Eugene Lockhart, of Hope Mills, NC, revoke my former Wills and Codicils and declare this to be my Last Will and Testament. ARTICLE PAYMENT OF DEBTS AND EXPENSES A. 1 direct that my just debts, funeral expenses and expenses of last illness be first paid front my estate. ARTICLE_. II DISPOSITION OF PROPERTY A. Residuary. I direct that estate be- distribuhrFto my spouse, Tamara Tippets Lockhart. If my spouse does not survive- me, --my- residuary estate sliiill- .:be -4istribuled to my= child(ren) -equal shares. If a child df=inine does not survive -me ssreh=-deceased child's share-- shalt be distributed in equal s to the children of 'such--deceased child who survive:. me;: by right`of resentatimt__1f a chifd mine does of survive me and has ntrchildren who survive -ntr- such- deceased child's -share shelf be distributed in equar shares to my other cfiild(rert), if any, ur to their •respective childrennby=rrght Of-- representation. •3f=wo ciiitd- &••mine survives me, and ifntme'of my de eissed=cbildfren) are surviveif by ckitd(ien), my residuary -estate shalnic distributed to The Church Jesus' Christ attar- day Saints, :Rerpetaal>. Education furcd;r-Saltitalte-Cilyilli. If such beneficiary does not survive me, my residuary estate shall be distributed to my heirs -at -law as determined under the laws of the State of NC. L. ARTICLE 111 NOMINATION OF EXECUTOR A. I nominate Standford•Eugene= Lockhart,- 61Yrovo.- Utah =atid Jill Lockhart-tea, Of Okatoks, Alberta, Canada, as Co- Executors. withourbond.— If one of the above nominees does not serve for any reason, the remaining nominee shall serve as sole Executor without bond. ARTICLE IV EXECUTOR POWERS A. My Executor, in addition to other powers and- autbority_-granted" by law or necessary or- appropriate for proper administration, shall have the riglrand power to lease; sell mortgage, or otherwise —.iwmber any real or personal property that may be included in my estate, without order of coun and without notice to anyone. 04/22/2006 00 :53 9104841487 30Y BALLARD ARTICLE .V MISCELLANEOUS PROVISIONS A. Paragraph and The titles given =to-- thr.paragraphs of this Will are inserted for reference :purposes are norta be considered as :-forming- a•• part wFtmis Will in interpretitig-its provisions. All .used in this.- Wif6- in gender shall +extend ta- aud"inchide all genders and i numbers when the context -or Sams :se require,- and. any pronouns% shall betaken:. to person or persons' intended regardless of gender or number. R. '_Thirty 'Day Requirement. for the purposes ef•;determining the appropriate 'distributions under this Will; no person-nor-organization shall be deemed `to balk survived me, unless such person or entity is also surviving on the thirtieth day after the date of my death. C. Spouse." i am- rnarried m- Tamara -Tippets- Loekhart and all refererica, in this Will to "my spouse" are refrences to Tamara Tippets Lockhart. D. Children. The names of my children are: Stanford Eugene Lockhart Jill Lockhart Rea Mark Tippets Lockhart Jeanette Lockhart (tales Joy Lockhart Biltard Matthew Don Lockhart All references in this Will lo a my• child'=- or th■Idr‘,r include the above chill or children) and any other children born to me or adopted by me after the signing of this Will IN. WITNESS WHEREOF, I have subscribed my name below, this OCTOPIER terc2OC*4 „el! Donald Eugene Loc art We, the undersigned, hereby certify that the above instrument, which consists of '7 pages, including the page(s) w contain the witness signatures, was signed' in our' sight and pre by Donald Eugene Lockhart (the "Testator who declared this instrument to be his/her Last Will and Testament and we, at the Testator's request and in the Testator's sight and and in the sight and presence of each other, do -2 P; day of PAGE 03 04/22/2006 00:53 9104841487 Witness Name: Witness -Address: Witness Signature' Witness. Name: W itn.ss- Address: Witness Signature: Witness -Name: Witness .Address: JOY BALLARD hereby subscribe. our names and addresses as witnesses on the date shown above. Witness Si iianire: .4"" f41. /i9)/ J Rift r ,O RQ -'e ID 2 effev,rle, Lc �3D�/ i 7cdIQ CJ`c L-t- •erUre, 11�� r�5c FF 4� .tnki F n l IttramAp R to iu119a ■1@ 4.51304- PAGE 04 04/22/2006 00:53 9104841487 JOY BALLARD E) ST-AT -E -:0 1\I01 I- ARAI -_J A)A COUNTY OF NI Donald Eugene Lockhart, Testator Subscribed, sworn to and -acknowledgert beforrme -by swop before me by S't':nnt 4 Pi nitro h� 4 klkccurrf P 1SeR 4 AFFIDAVIT ss: .:Before the undersigned; =on day personally appeared Donald Eugene Lockhart, and knaxa to me to be the Testator and the witnesses. respectively, whose .names. ace signed to the foregoing- instrument. All of these persons were first duly sworn by. .the.. Donald .Eugcne_Luckhart, -the Testator.- declared- to -me- and -lo the witnesses. in my presence, that the toregoing_instrument is the Testators Will and that the. Testator willingly signed and executed such instrument Or e■pressly directed another person_ to..iign the _instrument_lor_the..Testator in the Testator's presence) in the presence of the witnesses, as the Testator's free and voluntary act.for.the purposes expressed in the instrument. Eie of'the witnesses'dcctaied in the presence and..hearing. of.thi- Testator that the foregoing instrument was executed and acknowledged .hy the Testator as the Testator's Will in their presence and that they. in the Testat?rpresence; hearing and sight and et the Testator's request, and in theyresence of each other. did subscribe their names to the instrument as arresting witnesses on the date Of Ihe instrument. The Testator, at the time of the execution -=of -such instrument;' wasof -fitt age. of sounrinind;'and the witnesses were sixteen years of -age or older and •otherwise competent- to =be- witnesses.- Witness Donald Eugenc:Lockhart, the=Tes and subscribed and Eli! d Cs witnesses, this day of E�i`tr> -kf�z AtrCld f 0 Notary P"ht;rar -other c et °authir. ;serf tot a and certify acknowledgement and administer- oaths Witness PAGE 05 my P oPLMIS;I cLU ekmges 7 c f 3o09 Action: PLANNING COMMISSION: December 6, 2006 Recommended Approval BOARD OF SUPERVISORS: December 13, 2006 APPROVED DENIED PDRes. #40 -06 AN ORDINANCE AMENDING THE ZONING DISTRICT MAP REZONING #19 -06 OF SEEFRIED PROPERTY WHEREAS, Rezoning #19 -06 of Seefried Property, submitted by Patton Harris Rust Associates, to rezone 27.24 acres from MH1 (Mobile Home Community) District to Ml (Light Industrial) District and 48.14 acres from RA (Rural Areas) District to M1, totaling 75.38 acres, with proffers, for industrial use. The properties are located west of Interstate 81 adjacent to Fort Collier Industrial Park and Arcadia Mobile Horne Park, approximately 1,000 feet east of the intersection of Fort Collier Road (Route 1322) and Brooke Road (Route 1328), in the Stonewall Magisterial District, and are identified by Property Identification Numbers 54 -A -89 and 54 -A -91. 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 December 13, 2006; 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 27.24 acres from MH1 (Mobile Horne Community) District to M1 (Light Industrial) District and 48.14 acres from RA (Rural Areas) District to Ml, totaling 75.38 acres, with proffers, subject to the attached conditions voluntarily proffered in writing by the applicant and the property owner. This ordinance shall be in effect on the date of adoption. Passed this 13th day of December, 2006 by the following recorded vote: Richard C. Shickle, Chairman Gary Dove Gene E. Fisher Philip A. Lemieux PDRcs. #40 -06 Aye Aye Aye Aye Barbara E. Van Osten Bill M. Ewing Charles S. DeHaven, Jr. A COPY ATTEST Aye Aye Aye Joh ,V. 'iley, Jr. Frederick County Administrator REZONING: 1. Monetary Contribution PROPOSED PROFFER STATEMENT RZ. L 66 Rural Areas (RA) and MH -1 (Mobile Home Community) to Light Industrial (Ml) PROPERTY: 75.38 acres Tax Map Parcels 54 -A -89 (portion), 54 -A -91 (portion) (the "Property" l RECORD OWNER: William J. Lockhart et als (54 -A -89) Arcadia Mobile Park, L1:.0 (54 -A -91) APPLICANT: Secfried Properties, Inc. PROJECT NAME: Secfried Property ORIGINAL DATE OF PROFFERS: October 3, 2006 REVISION DATE(S): November 8, 2006 November 9, 2006 November 30, 2006 December 5, 2006 The undersigned hereby proffers that the use and development of the subject property "Property as described above, shall be in strict conformance with the following conditions. In the event that the above referenced M1 conditional rezoning is not granted as applied for by the applicant (`Applicant these proffers shall be deemed withdrawn and shall be null and void. Further, these proffers are contingent upon final rezoning of the Property with "final rezoning" defined as that rezoning which is in effect on the day following the last day upon which the Frederick County Board of County Supervisors (the "Board decision granting the rezoning may be contested in the appropriate court. If the Board's decision is contested, and the Applicant elects not to submit development plans until such contest is resolved, the term rezoning shall include the day following entry of a final court order affirming the decision of the Board which has not been appealed, or, if appealed, the day following which the decision has been affirmed on appeal. The headings of the proffers set forth below have been prepared for convenience or reference only and shall nor control or affect the meaning or be taken as an interpretation of any provision of the proffers. "fhe term "Applicant" as referenced herein shall include within its meaning all future owners and successors in interest. 1.1 The Applicant shall contribute to the County of Frederick the sum of $15,000.00 for fire and rescue purposes upon issuance of the first building permit. 1.2 The Applicant shall contribute to the County of Frederick the sum of $3,000.00 for Sheriffs office purposes upon issuance of the first building permit. 1.3 The Applicant shall contribute to the County of Frederick the sum of $2,000.00 for general government purposes upon issuance of the first building permit. 1 of 5 Proffer Statement 2. Site Development 3. Transportation Seefried Property 2.1 Development of the Property shall not exceed 1,000,000 square feet of gross floor arca. Furthermore, office use on the site shall only be permitted as an accessory to industrial uses. 7.9 Stormwater management pond facilities shall be lined with an impervious surface to avoid groundwater impacts. 2.3 The Applicant shall construct the future access road to Virginia Department of Transportation standards with a minimum pavement width of 26 feet. 2.4 Street trees shall be located a maximum of 50 feet apart along both sides of the future access road. Said street trees shall be planted prior to occupancy of any building on site. 2.5 A geotechnical analysis shall be prepared and submitted to Frederick County for any structures prior to site plan approval. 3.1 Within 120 days of rezoning approval, the Applicant shall bond for off site road improvements in the aggregate amount of $400,000. This funding is available for Frederick County to utilize for local roadway improvements at the County's sole discretion. If at the end of two years from rezoning approval this funding has not been requested then the bond shall cease and a cash payment made to Frederick County in the amount of $400,000 for the County's use for roadway improvements. 3.2 A direct connection between the Property and Fort Collier Road shall be prohibited. 3.3 The project entrance will be located on Brooke Road, the Applicant shall construct a northbound right turn lane on Brooke Road at the project entrance prior to occupancy of the first building. SIGNATURES APPEAR ON THIS FOLLOWING PAGES 2 of 5 Proffer Statement Respectfully submitted, William J. Lockhart et als By: Date: la/,L/./, /g STATE OF VIRGINIA, AT LARGE FREDERICK COUNTY, To -wit: k The foreg=oing instrument was acknowledged before me this 6 day of ,le ceno%Q.r 2006,by Lk) il1 iAm 17 /.2ncickarl Sc /r_cguSf ,3/, Notary My commission 27 Public� deiLdsc 06 3 3 of 5 Zoo Co Seefried Property Proffer Statement Arcadia Mobile Park, LLC By: Date: STATE OF VIRGINIA, AT LARGE FREDERICK COUN'T'Y, To -wit: The foregoing instrument was acknowledged before me this day of )PCa-rnhet 2006, by i I `∎A S`c c 4c t -Jc. My commission expires Notary Public Hu C1 .�1 206 4 of 5 Seefried Property Proffer S7tuentent Sce/i ied Property See Cried Properties Inc. By: t/' 1 L Cda Date: Pt cox b& l', �.00zl 6corq i0. STATE l'[. OP t te4?cf-A, AT LA RG I i"RCDI:RICK COUNTY, To-wit: Cobb The f,oregoing instrurnent was acknowledged before me this 2006. by 11,0/04 5. ear L4 C[✓l My connnts i x es Notary Public e_04( a 0 day of uttu�wurni n u 4E 21, O ��oc tXP,RES GEORGIA ,AUG. 26. 2007 j -"pew\ O r O aB COU 't tt t4tnmvito∎ e 5 of 5 Signature(s) Know All Men By Those Present: That 1 (We) Tax Map Parcel 54 -A -91 Subdivision: do hereby make. constitute and appoint: City /Counts tO Special Limited Power of Attorney County of Frederick, Virginia Frederick Planning Web Site: www.co.frederick.va.us Department of Planning Development, County of Frederick, Virginia, 107 North Kent Street, Winchester, Virginia 22601 Phone 540 -665 -5651 Facsimile 540 665 -6395 (Name) Secfricd Properties, Inc (Phone) 703.3542699 (Address) 5350 Shawnee Road, Suite 3.50 Alexandria, VA 22312 the owner(s) of all those tracts or parcels of land "Property conveyed to inc (us), by deed recorded in the Clerk's Office of the Circuit Court of the County of Frederick. Virginia, by Deed 13ook 350 on Page 481 and is descrihed as (Name) Patton Harris Rust Associates (Phone) 540.667.2139 (Address) 117 E. Piccadilly Street, Suite 200 Winchester Virginia 22601 To act as my true and lawful attorney- in-fact for and in my (our) name. place, and stead with full power and authority 1 (we) would have if acting personally to file planning applications for my (our) above described Property. including X Rezoning (including proffers) Conditional Use Permits Master Development Plan (Preliminary and Final) Subdivision Site Plan My attorney -in -fact shall have the authority to offer proffered conditions and to make amendments to previously approved proffered conditions except as follows: This authorization shall expire one year from the day it is signed. or until it is otherwise rescinded or modified. In witness them I (we))tas hereto set my (our) hand and seal this C JJ 4 day oftllt1200 (Q .'ITt -wit: ohf44 $.ectI Sit1 State of 1 .l i 1. '/&Sit Fa Notary Public in and for the jurisdiction aforesaid. ertify that the person(s) who signed to the foregoing instrument perso appeared heforc inc and has ack vledeed the same before nie in th`4,v ltliL'(ifln jforesaid this (.(f& day of DttUabb200 .Q. sp SF 20 1 2nn i- o (Ak j ry, m Comission Expires: cXPtogS' Know All Men By Those Present That 1 (We) Notary Publ 1 Special Limited Power of Attorney County of Frederick, Virginia Frederick Planning Web Site: www.co.frederick.va.us Department of Planning Development, County of Frederick, Virginia, 107 North Kent Street, Winchester, Virginia 22601 Phone 540 -665 -5651 Facsimile 540 665-6395 (Name) Seefried Properties, Inc (Phone) 703.354.2699 (Address) 5350 Shawnee Road. Suite. 350 Alexandria, VA 22312 the owner(%) of all those tracts or parcels of land "Property conveyed to me (us). by deed recorded in the Clerk's Office of the Circuit Court of the County of Frederick, Virginia, by Deed Book 934 on Page 658 and is described as Tax Map Parcel 54 -A -89 Subdivision: do hereby make. constitute and appoint: (Name) Patton Harris Rust Associates (Phone) 540.667.2139 (Address) 117 E. Piccadilly Street. Suite 200, Winchester, Virginia 22601 To act as my true and lawful attorney -in -fact for and in my (our) name. place, and stead with full power and authority I (we) would have if acting personally to file planning applications for my (our) above described Property. including C X Rezoning (including proffers) Conditional Use Permits Master Development Plan (Preliminary and Final) Subdivision Site Plan My attorney -in -fact shall have the authority to offer proffered conditions and to make amendments to previously approved proffered conditions except as follows: This authorization shall expire one year from the day it is signed, or until it is otherwise rescinded or modified. In witness the-u(, II�w svq hereto set my (our) hand and seal this O{' day of RC2(NI 0 City /County of ,abb :fo -wit: tobief S. eat-ALSR. .a Notary Public in and for the jurisdiciirm aforesaid. lrrtity that the person(%) who signed to the foregoing instrument pers maIIy appeared hefore me and has acknj 'k 'e(.1 ihf same before me in the4wiwiiga6q aforesaid this K. day ofQ- c ftJQQ(N) My Commission Expires: EXPIRES GEORGIA AUG. 25. 2207 r C ou va P HA CORPORATE: Chantilly VIRGINIA OFF ICES: Bridgewater Chantilly Charlottesville Fredericksburg Leesburg Newport News Virginia Beach Winchester Woodbridge LABORATORIES: Chantilly Fredericksburg MARYLAND OFF{CE5'. Baltimore Columbia Frederick Germantown Hollywood PENNSYLVANIA OFFICE: Allentown WEST VIRGINIA OFFICE: Martinsburg T 540.667.2139 F 540.665.0493 117 East Piccadilly Street Suite 200 Winchester, VA 22501 Patton Harris t Associates Engineers. Surveyors. Planners. Landscape Architects. December 13, 2006 HAND- DELIVERED Mr. Robert T. Mitchell, Jr. P.O. Box 848 Winchester, VA 22604 RE: Seefried Rezoning Application Proffer Amendments Dear Mr. Mitchell: lt' J 1. DEC 1 3 2006 J I have attached a revised proffer statement dated December 13, 2006 for the Seefried Rezoning application which I believe you will find satisfies all comments listed in your comment letter dated December 13, 2006. Additionally, I have also attached executed revised Power of Attorney forms for Joan Brock, Tamara Lockhart, Walter Lockhart, Robert Lockhart, and Linda Wilson. Lastly, please find attached the death certificate and last will and testament for Mr. Donald Lockhart which identifies Tamara Lockhart as beneficiary of his estate. Please feel free to call me with any questions or comments you may have regarding this matter. Sincerely, Patton Harris Rust Associ Enclosure Patrick R. Sowers CC: Candice Perkins WILBUR C. HALL (1892-1972) VIA FAX 665 -6395 AND U.S. MAIL HALL, MONAHAN, ENGLE, MAHAN MITCHELL A PARTNERSHIP OF PROFESSIONAL CORPORATIONS ATTORNEYS AT LAW THOMAS V. MONAHAN (1924 -1999) 7 N 307 EAST MARKET STREET B EAST BOSCAWEN STREET SAMUEL D. ENGLE LEESBURG, VIRGINIA WINCHESTER, VIRGINIA O. LELANO MAHAN TELEPHONE 703.777 -1050 TELEPHONE 540 ROBERT T. MITCHELL, JR. FAX 540.662.4304 .JAMES A. KLENKAR E lawyers @hallmonahan corn STEVEN F. JACKSON December 13, 2006 DENNIS J. MCLOUGHLIN, JR. Candice E. Perkins Planner 11 Frederick County Department of Planning Development 107 North Kent Street Winchester, VA 22601 Re: Seefried Property (Seefried Properties, Inc.) Revised Proposed Proffer Statement Dear Candice: DEC 1 4 2006 PLEASE REPLY TO: P. 0. Box 848 WINCHESTER, VIRGINIA 22604 -0848 By letter dated November 27, 2006, 1 provided you with my legal review of the Proposed Proffer Statement on the above property. The Proposed Proffer Statement which 1 reviewed in my November 27 letter was the Proposed Proffer Statement dated October 3, 2006. There have been a number of subsequent revisions to the original Proposed Proffer Statement. I have now received a Revised Proposed Proffer Statement dated December 12, 2006. Therefore, I submit the following comments, which supplement my comments set forth in my letter of November 27, 2006: 1. The following sentence needs to be added to the end of the second paragraph, which describes the source of title of the Lockhart property: "Walter M. Lockhart died after Delitt Elizabeth Lockhart, and by will devised his interest in the property to his wife, Tamara Lockhart." •0• Candice E. Perkins December 13, 2006 Page 2 HALL, MONAHAN, ENGLE, MAHAN MITCHELL 2. The Revised Proposed Proffer Statement has satisfactorily addressed Paragraphs 1, 2, and 3 of my November 27 proffer review letter. 3. Proffer 2.1 in the October 3 Proposed Proffer Statement has been deleted. Therefore, Paragraph 4 in my November 27 letter no longer applies. I would also note that Proffer 2.2 in the October 3 Proposed Proffer Statement, which provided that all utilities shall be located underground, has been deleted. 4. Paragraph 5 of my November 27 proffer review letter still applies, as to the now numbered Proffers 2.3 and 2.4. 5. The issue raised in Paragraph 6 of my November 27 proffer review letter, regarding the necessity of all owners of the property signing the Proffer Statement, has been, I believe, satisfactorily addressed. I have approved the form of a power of attorney to be signed by all owners of the property for whom William J. Lockhart is signing the Proffer Statement. A copy of the form of the power of attorney which I have approved is attached. The staff should be sure that the necessary powers of attorney are provided, and that there is attached to each power of attorney an Exhibit A containing the description of the Lockhart property included in the rezoning. I have advised the Applicant that faxed copies of executed powers of attorney could be provided for the Board of Supervisors' meeting, with the specific understanding that the originals of each of the executed powers of attorney would be promptly provided to nle. 6. There was no Section 3 (Transportation) in the October 3 Proposed Proffer Statement which I reviewed. 1 have the following comments with respect to the proffers contained in Section 3: (a) Proffer 3.1 is a cash proffer. Therefore, I would recommend that it be made Proffer 1.4 of Proffer Paragraph 1 (Monetary Contributions). (I would recommend that the heading of Paragraph 1 be changed to "Cash Proffers Furthermore, I would recommend that this cash proffer be reworded as set forth on attached Exhibit B. Candice E. Perkins December 13, 2006 Page 3 7. With respect to Proffer 3.2, I would recommend that in the second sentence the words "by recorded document" be inserted after the word "vacate 8. In Proffer 3.3 I would recommend that the proffer be stated in two separate sentences, with the first sentence ending with the words "Brooke Road 1 would also recommend that the words "prior to occupancy of the first building" at the end of the second sentence be revised to read "prior to the issuance of the first occupancy permit for any building on the property." 9. I would recommend that the signature page for the owners of the Lockhart property be as set forth on attached Exhibit C. me. RTM /ks Enclosures CC: Chuck Maddox via fax 665 -0493 HALL, MONAHAN, ENGLE, MAHAN MITCHELL If there are any questions concerning the foregoing comments, please contact Ver truly yours, Robert T. Mitchell, STATE OF 2006. Know all men by these presents: My commission expires POWER OF ATTORNEY That I have made, constituted and appointed and by these presents, do make, constitute and appoint William J. Lockhart, Jr. as my true and lawful attorney, for me and in my name, place and stead, to sign any deed or other documents and receive any proceeds of sale relative to the sale of that certain property described on attached Schedule "A" and to make all necessary transfers, assignments, and conveyances thereof, with all necessary covenants, warranties, and assurances, and to sign, seal, and acknowledge, and deliver the same; and to do all such other acts, matters, and things in relation to the sale of said real estate as I might or could do if acting personally, including specifically to apply for rezoning of the said property, and to agree to and to submit any and all rezoning proffers for the said property, and I hereby ratify and confirm all lawful acts done by my said attorney by virtue thereof. This Power of Attorney shall not terminate on disability of the principal. WITNESS the following signature and seal this day of 2006. (Seal) CITY /COUNTY OF to -wit: I, a Notary Public in and for the State and jurisdiction aforesaid, do hereby certify that whose name is signed to the foregoing Power of Attorney, dated day of 2006 has personally appeared before my and acknowledged the same in my State and jurisdiction aforesaid Given under my hand this day of Notary Public Exhibit A Exhibit B 1.4 The Applicant shall pay to the County the total sum of Four Hundred Thousand Dollars ($400,000.00), to be used by the County, in its discretion, for transportation improvements in the Route 1 1 North Fort Collier Route 7 East area. Within five (5) business days of transfer of ownership by the Record Owner or Record Owners of all or any part of the Property, or upon approval of the first site plan on the Property, whichever first occurs, the Applicant shall provide to the County a letter of credit or other instrument, in a form satisfactory to the County, upon which the county may draw the funds, in full or in increments. Any unpaid portion of the $400,000.00 shall be paid to the County on a date two (2) years from the date the aforesaid letter of credit or other instrument is provided to the County. William J. Lockhart, Jr. Walter M. Lockhart Joan E. Brock Robert S. Lockhart Tamara Lockhart Linda L. Wilson STATE OF VIRGINIA, AT LARGE FREDERICK COUNTY Exhibit C The foregoing Proposed Proffer Statement was acknowledged before me this day of 2006, by William J. Lockhart, Jr. My commission expires STATE OF VIRGINIA, AT LARGE FREDERICK COUNTY Notary Public The foregoing Proposed Proffer Statement was acknowledged before me this day of 2006, by Joan E. Brock, Tamara Lockhart, Walter M. Lockhart, Robert S. Lockhart, and Linda L. Wilson, by William J. Lockhart, Jr., their attorney -in -fact. My commission expires Notary Public 2'd REZONING: PROPERTY: RECORD OWN J :R: APPLICANT: PROJECT NAME.: ORIGINAL DATE OF PROFFERS: October 3, 2006 PROPOSED PROFFER STATEMENT RZ. Rural Areas (RA) and MI -I -1 (Mobile Home Co nasality) to Light Industrial (M1) 75.38 acres i/ 'l'ax Map Parcels 54-.A-89 (portion), 54 -A -91 (p srtion) (rhe "Property William J. Lockhart ct als (54 -A -89) ac .Arcadia Mobile Park, Inc. (54 -A -91) Seefried Properties, Inc. Seefried Property I Of5 REVISION 17.A'I'1'.(5): 11/8/05; 11/9/06;11/30/06: 12/5/06: 12/6/(^6; 12/12/06 Arcadia Mobile Park, Inc. is the fee simple owner of Parcel 54 -A -91 by virtue of rhat certain Deed from Willi:un J. Lockhart and DeIlitr J. Lockhart, as grantors, and Arcadia Mot ile Park, Inc., nc g,antee, dated February 6, 1979, and recordecl in Decd Book 350, Page 481 of the Frederick County, VA records. William J. Lockhart, Jr., Joan E. Druck, Donald Eugene 1.ucklrart, \Taller M. Lockhart, Robert 5. Lockhart and Linda L. Wilson are the fee simple owners of Parcel 54-A -89. William J. Lockhart, Sr. obtained tide CO the property by virtue of that certain Deed from E. B. Clevenger, et it, dated January 23, 1948, and recorded January 27, 1948 in Deed Book 204, Page 3, Frederick County, rccsrds. William J. Lockhart, Sr. dicd and by his Last Will and Testament recorded in Will Book 75, Page 720, devised, without qualification, Parcel II to his surviving widow, Dcllitt Elizabeth Lockhart. Dellitt Elizabeth Lockhart died, intestate, and by Affidavit recorded in Deed Book 934, Page 658 and documents filed as part of her Estate No. 98 -123 in Will Bonk 113, Page 94, her only heirs at law were established as William J, Lockh ¢t, Jr., Joan R. Brock, Donald Eu I x,nlrharl, Walter M. r.nr•khart, Robert S. Lockhart and Linda L. Wikor. The undersigned hereby proffers chat the use and development of the as described above, ahn0 be in ;tact conformance with the following cuncliuor referenced MI conditional rezoning is not granted as applied for by the proffers shall be deemed withdrawn and shall be null and void. Further, dies final rezoning of the Property with "final rezoning" defined as that rezoning following the last day upon which thc Frederick County Board of County Sup granting the rezoning may be contested in the apprapriale court. If the Board' Applicant elects not to submit development plans until such contest is rest include the day following entry of a Emil court order affirming the decision of appealed, or, if appealed. the day following which the decision has been aflirtn the proffers set forth below have been prepared for convenience or referent: affect the meaning or be taken as an interpretation of any provision of the pro: referenced herein ::hall include within ice mea nitre all Cu cure own crs and su secs: E6b0 S99 -017S a31S3HONIM HNHd subject property "Property s. In the event that thc abov applicant ("Applicant"), these proffers are contingent upon which is in effect en the day rrvisors (the "Board") decision decision is cnntesred, and the ,heed, rhe term rezoning shall the Board which has not been •d (11 1 appeal. "liar ftradings nF only and shall not control or fcr,. '1' he term "Applicant" as :',rs in intern'''. dSE:EO 90 2T OaQ E d Proffer Statement Monetary Contribution ].1 The Applicant shall contribute to the County of Frederick the sum of 515,000.00 for fire and rescue purposes upon issuance of the first building permit. l The Applicant shell contribute to the County of 1.reeicrick the sum of $3,000.00 for Sheriff's office purposes upon issuance of the first building permit. 1.3 The Applicant shall contribute to the County of Frederick th t sum of $2,000.00 for general government purposes upon issuance of the fast building permit. Site Deve,IQpment 2.1 Development of the Property shall not exceed L000,000 seluarc feet of gross floor area. Furthermore, office use on the site shall only be p. emitted as .n accessory ro industrial uses. 2.2 Stortnwsrcr mm,ngement pond fatuties shall be lined with an imperviaue r.urface to nvoid groundwater impacts. 2.3 The Applicant shall construct the furure access road to Virginia Department of Transportation standards with a minimum pavement width of 26 feet. Street trees shall be located a maximum of 50 feet apart along both sides of the Furarc access road. Said street trees shall be planted prior to occupancy of any building nn site. 2.5 A gcorcchnica] analysis shall he prepared and submitted :o Frederick County for any structures prior to sire plan approval. Transportation 3.1 Simultaneous with the Transfer of ownership of any or all land subject to this rezoning or upon site plan approval of the first use, whichever comes Ent, the Applicant shall bond for off site road improvements in the aggregate amount of $400 000. This funding is available for Frederick County to utilize for local roadway improtemcnts ar the Cnunry's sole discretion. IF after two years of posting the bond this fundirg has nor been requested then the bond shall erase and a cash payment made ro Freder ek County in the amount of $400,000 for the County's use for roadway improvements. See—plea Property 32 A direct connection between the Property and Fort Coll er Road :hall be prohibited. Furthermore, the Applicant shall vacate the existing access cat cmcnt located on the property identified as Tax Map Parcel 54 -A -9213 within 120 days of rez, ming approval. 3.3 The project entrance will he located on Brooke Road, the Applicant shall construct a northbound right turn lane on Brooke Road at the project entrance prior rn occupancy of the first building. i l(;NA ruRP.S APPfAI2 ON 'I'611C No; .L<')WIN( I Ac i(Is of 5 E6b0— S99 -0fS ?J31S3HONIM 1=11 des :E0 90 21 OaG Profrr Statement Respeccfiilly submitted, William J. 1.ockhart et als By: Dace: STATE OF VIRGINIA, AT LARGE FREDERICK COUNTY, To-wit: The Foregoing instrument was acknowledged before me this day of 2006, -by My commission expires Notary Public 3of5 Sccfried Property 17'd E640 -S99 -045 H31SEHDNIfl HdHd d6E :ED 90 21 OeG Proffer Statement .Secfried Propery Arcadia Mobile Park, Inc. B Date: STATE: OE VIRGINIA, AT LARGE? FRF:1)13RlCK COUNTY, To -wit: The foregoing instrument was acknowledged before me this day of 2006, by My commission expires Notary Public 4 of 5 S'd ESvO -S99 -017s b3IS3H01JI('I UaHd dov :EO 90 ET oaQ Proffer Statement Seef_icd Properties, Inc. Date: 51A 01 V IILGINIA, AT LARGE FREDERICK COUNTY, To -wit My commission expires Notary Public The foregoing instrument was acknowledged before me this day of 2006, by 5 of 5 Seefiied Property 9'd E6170- S99 -04S 83IS3H3NIM UL'Hd d0 .6:E0 90 21 oaj Patton Harris Rust Asso ciates Engineers. Surveyors. Planners. Landscape Architects. P Rn Comments: To: Organization /Company: Fax Number: From: Dale: 'Project Name /Subject: e-Vi'1 J 117 East Piccadilly Street Winchester, Virginia 22601 T 540.667.2139 F 540.665.0493 Fax transmittal 2 1. Al t )1 Z 2C o6 'Cr IrrA PP cP`fe( CC: Total Pages inc uding cover: A hard copy of this fax will will not be mailed to you. J e E e s ec/ Pro g r 4 I .1 -e NOTE: This mc^,a is intended for the rise of the acicir ssec Zd May contain infOrlration than IS privileged ;Mc! :oriIider; ;;;d, It you arc• :VA the intended recipient, yen.' :ire hereby notified that anydissenination 01 this CSnmIniezt;nn iS sr:i,;tlyprcihibitrd. if ypu rncr.i+'c this facsi -ulc in error, ple se notify us irnricdin..cly at 'Inc rjmbcr above. Tha Lk you. I'd E6b0- S99 -01,S a31S3HOIJIIl U Hd dBE:E0 90 21 CORPORATE. Chantilly VIRGINIA OFFICES: Bridgewater Chantilly Charlottesville Fredericksburg Leesburg Newport News Virginia Beach Winchester Woodbridge LABORATORIES: Chantilly Fredericksburg MARYLAND OFFICES: Baltimore Columbia Frederick Germantown Hollywood PENNSYLVANIA OFFICE: Allentown WEST VIRGINIA OFFICE: Martinsburg i 540.667.2139 F 540.665.0493 117 East Piccadilly Street Suite 200 Winchester, VA 22601 Patton HarriWst Associates Engineers. Surveyors. Planners. Lasdscope Architects. December 8, 2006 HAND DELIVERED Mr. Robert T. Mitchell, Jr. P.O. Box 848 Winchester, VA 22604 RE: Seefried Rezoning Application Proffer Amendments Dear Mr. Mitchell: D S 8:_'006 I have attached a revised proffer statement dated December 6, 2006 for the Seefried Rezoning application which I believe you will find satisfies all comments listed in your comment letter dated November 27, 2006. Additionally, per your previous discussions with Chuck Maddox, we are in the process of obtaining revised Power of Attorney documents from each of the surviving siblings of William J. Lockhart, Jr. for your review. Lastly, we are also in the process obtaining the documents that verify the beneficiary of Mr. Donald Eugene Lockhart. Please feel free to call me with any questions or comments you may have regarding this matter. Sincerely, Patton Harris Rust Associates Patrick R. Sowers Enclosure cc Candice Perkins REZONING: PROPOSED PROFFER STATEMENT RZ.# Rural Areas (RA) and MH 1 (Mobile Home Community to Light Industrial (M1) PROPERTY: 75.38 acres Tax Map Parcels 54-A-89 (portion), 54 -A -91 (portion) [the "Property"] RECORD OWNER William J. Lockhart et als (54 -A -89) Arcadia Mobile Park, Inc. (54-A-91) APPLICANT: Seefried Properties, Inc. PROJECT NAME: Seefried Property ORIGINAL DA I L OF PROFFERS: October 3, 2006 REVISION DAI h(S): 11/8/06; 11/9/06; 11/30/06; 12/5/06; 12/6/06 Arcadia Mobile Park, Inc. is the fee simple owner of Parcel 54 -A -91 (as delineated on the surve).) by virtue of that certain Deed from William J Lockhart and Dellitt J Lockhart, as grantors, and Arcadia Mobile Park, Inc., as grantee, dated February 6, 1979, and recorded in Deed Book 350, Page 481 of the Frederick County, VA records. William J Lockhart, Jr., Joan E. Brock, Donald Eugene Lockhart, Walter M. Lockhart, Robert S. Lockhart and Linda L Wilson are the fee simple owners of Parcel 54-A-89 (as delineated on the survey. William J. Lockhart, Sr. obtained title to the property by virtue of that certain Deed from E. B. Clevenger, et al, dated January 23, 1948, and recorded January 27, 1948 in Deed Book 204, Page 3, Frederick County, records. William J. Lockhart, Sr. died and by his Last Will and Testament recorded in Will Book 75, Page 720, devised, without qualification, Parcel II to his surviving widow, Dellitt Elizabeth Lockhart. Dellitt Elizabeth Lockhart died, intestate, and by Affidavit recorded in Deed Book 934, Page 658 and documents filed as part of her Estate No. 98 -123 in Will Book 113, Page 94, her only heirs at law were established as William J Lockhart, Jr., Joan E. Brock, Donald Eugene Lockhart, Walter M. Lockhart, Robert S. Lockhart and Linda L. Wilson. The undersigned hereby proffers that the use and development of the subject property "Property/ as described above, shall be in strict conformance with the following conditions. In the event that the above referenced M1 conditional rezoning is not granted as applied for by the applicant "Applicant these proffers shall be deemed withdrawn and shall be null and void. Further, these proffers are contingent upon final rezoning of the Property with "final rezoning" defined as that rezoning which is in effect on the day following the last day upon which the Frederick County Board of County Supervisors (the "Board decision granting the rezoning may be contested in the appropriate court. If the Board's decision is contested, and the Applicant elects not to submit development plans until such contest is resolved, the term rezoning shall include the day following entry of a final court order affirming the decision of the Board which has not been appealed, or, if appealed, the day following which the decision has been affirmed on appeal. The headings of the proffers set forth below have been prepared for convenience or reference only and shall not control or affect the meaning or be taken as an interpretation of any provision of the proffers. The term "Applicant" as referenced herein shall include within its meaning all future owners and successors in interest. 1 of 5 Proffer Statement 1. Monetary Contribution Seefried Property 1.1 The Applicant shall contribute to the County of Frederick the sum of $15,000.00 for fire and rescue purposes upon issuance of the first building permit. 1.2 The Applicant shall contribute to the County of Frederick the sum of $3,000.00 for Sheriff's office purposes upon issuance of the first building permit. 1.3 The Applicant shall contribute to the County of Frederick the sum of $2,000.00 for general government purposes upon issuance of the first building permit. 2. Site Development 2.1 Development of the Property shall not exceed 1,000,000 square feet of gross floor area. Furthermore, office use on the site shall only be permitted as an accessory to industrial uses. 2.2 Stormwater management pond facilities shall be lined with an impervious surface to avoid groundwater impacts. 2.3 The Applicant shall construct the future access road to Virginia Department of Transportation standards with a minimum pavement width of 26 feet. 2.4 Street trees shall be located a maximum of 50 feet apart along both sides of the future access road. Said street trees shall be planted prior to occupancy of anybuilding on site. 2.5 A geotechnical analysis shall be prepared and submitted to Frederick County for any structures prior to site plan approval. 3. Transportation 3.1 Within 120 days of rezoning approval, the Applicant shall bond for off site road improvements in the aggregate amount of $400,000. This funding is available for Frederick County to utilize for local roadway improvements at the County's sole discretion. If at the end of two years from rezoning approval this funding has not been requested then the bond shall cease and a cash payment made to Frederick County in the amount of $400,000 for the County's use for roadway improvements. 3.2 A direct connection between the Property and Fort Collier Road shall be prohibited. Furthermore, the Applicant shall vacate the existing access easement located on the property identified as Tax Map Parcel 54-A-92B within 120 days of rezoning approval. 3.3 The project entrance will be located on Brooke Road, the Applicant shall construct a northbound right turn lane on Brooke Road at the project entrance prior to occupancy of the first building SIGNATURES APPEAR ON THE FOLLOWING PAGES 2 of 5 Proffer Statement Respectfully submitted, William J. Lockhart et als By Date: STATE OF VIRGINIA, AT LARGE FREDERICK COUNTY, To -wit: The foregoing instrument was acknowledged before me this day of 2006, by My commission expires Notary Public 3 of 5 Seefried Property Proffer Statement Arcadia Mobile Park, Inc. By Date: STAIb OF VIRGINIA, AT LARGE FREDERICK COUNTY, To -wit: The foregoing instrument was acknowledged before me this day of 2006, by My commission expires Notary Public 4 of 5 Seefried Property Proffer Statement Seefried Properties, Inc. By Date: STA1L OF VIRGINIA, AT LARGE FREDERICK COUNTY, To -wit: The foregoing instrument was acknowledged before me this day of 2006, by My commission expires Notary Public 5 of 5 Seefried Property CORPORATE. Chantilly VIRGINIA OFFICES: Bridgewater Chantilly Charlottesville Fredericksburg Leesburg Newport News Virginia Beach Winchester Woodbridge LABORATORIES: Chonnlly Fredericksburg MARYLAND OFFICES: Baltimore Columbia Frederick Germanrown Hollywood PENNSYLVANIA OFFICE: Allentown WEST VIRGINIA OFFICE: Mc rti ns'burg T 540.667.2139 F 540.665.0493 117 East Piccadilly Street Suite 200 Winchester, VA 22601 Patton Harris•st Associates Engineers. Surveyors. Planners. Landscape Architects. December 8, 2006 H AND DELIVERED Mr. Robert T. Mitchell, Jr. P.O. Box 848 Winchester, VA 22604 RE: Seefried Rezoning Application Proffer Amendments Dear Mr. Mitchell: I have attached a revised proffer statement dated December 6, 2006 for the Seefried Rezoning application which I believe you will find satisfies all comments listed in your comment letter dated November 27, 2006. Additionally, per your previous discussions with Chuck Maddox, we are in the process of obtaining revised Power of Attorney documents from each of the surviving siblings of William J. Lockhart, Jr. for your review. Lastly, we are also in the process obtaining the documents that verify the beneficiary of Mr. Donald Eugene Lockhart. Please feel free to call me with any questions or comments you may have regarding this matter. Sincerely, Patton Harris Rust Associates Patrick R. Sowers Enclosure cc: Candice Perkins DEC 8 2006 REZONING: PROPERTY: 75.38 acres Tax Map Parcels 54-A-89 (portion), 54 -A -91 (portion) [the "Property'] RECORD O'NER William J Lockhart et als (54-A-89) Arcadia Mobile Park, Inc. (54 -A -91) APPLICANT: Seefried Properties, Inc. PROJECT NAME: Seefried Property ORIGINAL DAIS OF PROFFERS: October 3, 2006 PROPOSED PROFFER STATEMENT RZ. Rural Areas (RA) and MH -1 (Mobile Home Community) to Light Industrial (M1) REVISION DAlh(S): 11/8/06; 11/9/06; 11/30/06; 12/5/06; 12/6/06 Arcadia Mobile Park, Inc. is the fee simple owner of Parcel 54 -A -91 (as delineated on the surve by virtue of that certain Deed from William J Lockhart and Dellitt J Lockhart, as grantors, and Arcadia Mobile Park, Inc., as grantee, dated February 6, 1979, and recorded in Deed Book 350, Page 481 of the Frederick County, VA records. William J. Lockhart, Jr., Joan E. Brock, Donald Eugene Lockhart, Walter M. Lockhart, Robert S. Lockhart and Linda L Wilson are the fee simple owners of Parcel 54 -A -89 (as delineated on the survey). William J Lockhart, Sr. obtained title to the property by virtue of that certain Deed from E. B. Clevenger, et al, dated January 23, 1948, and recorded January 27, 1948 in Deed Book 204, Page 3, Frederick County, records. William J Lockhart, Sr. died and by his Last Will and Testament recorded in Will Book 75, Page 720, devised, without qualification, Parcel II to his surviving widow, Dellitt Elizabeth Lockhart. Dellitt Elizabeth Lockhart died, intestate, and by Affidavit recorded in Deed Book 934, Page 658 and documents filed as part of her Estate No. 98- 123 in W.11 Book 113, Page 94, her only heirs at law were established as William J Lockhart, Jr., Joan E. Brock, Donald Eugene Lockhart, Walter M. Lockhart, Robert S Lockhart and Linda L. Wilson. The undersigned hereby proffers that the use and development of the subject property "Property as described above, shall be in strict conformance with the following conditions. In the event that the above referenced M1 conditional rezoning is not granted as applied for by the applicant "Applicant these proffers shall be deemed withdrawn and shall be mill and void. Further, these proffers are contingent upon final rezoning of the Property with "final rezoning" defined as that rezoning which is in effect on the day following the last day upon which the Frederick County Board of County Supervisors (the "Board decision granting the rezoning maybe contested in the appropriate court. If the Board's decision is contested, and the Applicant elects not to submit development plans until such contest is resolved, the term rezoning shall include the day following entry of a final court order affirming the decision of the Board which has not been appealed, or, if appealed, the day following which the decision has been affirmed on appeal. The headings of the proffers set forth below have been prepared for convenience or reference only and shall not control or affect the meaning or be taken as an interpretation of anyprovision of the proffers. The term "Applicant" as referenced herein shall include within its meaning all future owners and successors in interest. 1 of 5 Proffer Statement 1. Monetary Contribution Seefried Property 1.1 The Applicant shall contribute to the County of Frederick the sum of $15,000.00 for fire and rescue purposes upon issuance of the first building permit. 1.2 The Applicant shall contribute to the County of Frederick the sum of 53,000.00 for Sheriff's office purposes upon issuance of the first building permit. 1.3 The Applicant shall contribute to the County of Frederick the sum of 52,000.00 for general government purposes upon issuance of the first building permit. 2. Site Development 2.1 Development of the Property shall not exceed 1,000,000 square feet of gross floor area. Furthermore, office use on the site shall only be permitted as an accessory to industrial uses. 2.2 Stormwater management pond facilities shall be lined with an impervious surface to avoid groundwater impacts. 2.3 The Applicant shall construct the future access road to Virginia Department of Transportation standards with a minimum pavement width of 26 feet. 2.4 Street trees shall be located a maximum of 50 feet apart along both sides of the future access road. Said street trees shall be planted prior to occupancy of any building on site. 2.5 A geotechnical analysis shall be prepared and submitted to Frederick County for any structures prior to site plan approval. 3. Transportation 3.1 Within 120 days of rezoning approval, the Applicant shall bond for off site road improvements in the aggregate amount of $400,000. This funding is available for Frederick County to utilize for local roadway improvements at the County's sole discretion. If at the end of two years from rezoning approval this funding has not been requested then the bond shall cease and a cash payment made to Frederick County in the amount of $400,000 for the County's use for roadway improvements. 32 A direct connection between the Property and Fort Collier Road shall be prohibited. Furthermore, the Applicant shall vacate the existing access easement located on the property identified as Tax Map Parcel 54 -A -92B within 120 days of rezoning approval. 3.3 The project entrance will be located on Brooke Road, the Applicant shall construct a northbound right turn lane on Brooke Road at the project entrance prior to occupancy of the first building SIGNATURES APPEAR ON THE FOLLOWING PAGES 2 of 5 Proffer Statement Respectfully submitted, Wiliam J Lockhart et als By Date: STATE OF VIRGINIA, AT LARGE FREDERICK COUNTY, To -wit: The foregoing instrument was acknowledged before me this day of 2006, by My commission expires Notary Public 3 of 5 Seefried Property Proffer Statement Arcadia Mobile Park, Inc. By Date: STATE OF VIRGINIA, AT LARGE FREDERICK COUNTY, To -wit: The foregoing instrument was acknowledged before me this day of 2006, by My commission expires Notary Public 4 of 5 Seefried Property Proffer Statement Seefried Properties, Inc. By Date: STATE OF VIRGINIA, AT LARGE FREDERICK COUNTY, To -wit: The foregoing instrument was acknowledged before me this day of 2006, by My commission expires Notary Public 5 of 5 Seefried Property Dec•13. 2006 9 :28AM No.3490 P. 1 WILBUR C. HALL (1892-1972) THOMAS V. MONAHAN (1924 -1999) SAMUEL D. ENGLE O. LELAND MAILAN ROBERT T. MITCHELL, JR. JAMES A. KLENKAR STEVEN P. JACKSON DENNIS J. MCLOUGH!.IN, JR. dated December 12, 2006. HALL, MONAHA.N, ENGLE, MAHAN MITCHELL A PARTNERSHIP OF PROFESSIONAL CORPORATIONS ATTORNEYS AT LAW 7 307 EAST MARKET STREET LEESBURG, VIRGINIA TELEPHONE: 703 777 -1050 FAX: 703 771 -4113 FAX TRANSMITTAL SHEET DATE: 12/13/06 PERSONAL AND CONFIDENTIAL 9 EAST BOSCAWEN STREET WINCHESTER, VIRGINIA TELEPHONE: 540 -662 -3 200 FAX 540 662 -4304 E -MAi,: la wyers@hallmonahan.com TRANSMIT TO: Name: Location: Fax No.: 665 -6395 Candice E. Perkins FROM: Name: Robert T. Mitchell, Jr. Location: Winchester, Virginia Fax No.: (540) 662 -4304 MESSAGE: See letter attached dated 12/13/06. I am also PLEASE REPI,Y TO: P.O. BOX 848 WINCHESTER, VIRGINIA 22604 -0848 enclosing a copy of the Revised Proposed Proffer Statement TOTAL NUMBER OF PAGES (INCLUDING THIS PAGE): 13 Dec•13. 2006 9:28AM No•3490 P. 2 WILBUR C. HALL (1892-1972) THOMAS V. MONAHAN (1924 -1999) SAMUEL 0. ENGLE 0. LELAND MAHAN ROBERT T, MITCHELL, JR. JAMES A, KLENKAR STEVEN F. JACKSON DENNIS J. MCLOUGHLIN, JR. Dear Candice: HALL, MONAHAN, ENGLE, MAHAN MITCHELL VIA FAX 665 -6395 AND U.S. MAIL A PARTNERSHIP OF PROFESSIONAL CORPORATIONS 7 E 307 EAST MARKET STREET LLESSaUNO, VIRGINIA TELEPHONE 703- 777 -1050 ATTORNEYS AT LAW December 13, 2006 Candice E. Perkins Planner II Frederick County Department of Platming Development 107 North Kent Street Winchester, VA 22601 u EAST BOSCAWEN ST.EEi WINCHESTER. VIRGINIA TELEPHONE Na<I HHP:1T0n FA)( 5a0-He 3u. E -MAIL LaW)'ors h TVMafP,.CN Re: Seefried Property (Seefri ed Properties, Inc.) Revised Proposed Proffer Statement "KALE REPLY 70: P. 0. BOX 84a WINCMESTER, VIRGINIA 22804-0848 By letter dated November 27, 2006, T provi ded you with my legal review of the Proposed Proffer Statement on the above property. The Proposed Proffer Statement which I reviewed in my November 27 letter was the Proposed Proffer Statement dated October 3, 2006. There have been a number of subsequent revisions to the original Proposed Proffer Statement. I have now received a Revised Proposed Proffer Statement dated December 12, 2006. Therefore, I submit the following comments, which supplement my comments set forth in my letter of November 27, 2006: 1. The following sentence needs to be added to the end of the second op°�d paragraph, which describes the source of title of the Lockhart property: "W4r M. Lockhart died after Dclitt Elizabeth Lockhart, and by will devised his interest in the property to his wife, Tamara Lockhart." Dec.13. 2006 9 :28AM No.3490 P. 3 Candice E. Perkins December 13, 2006 Page 2 1 HALL, MONAHAN, ENGLE, MAHAN S. MITCHELL 2. The Revised Proposed Proffer Statement has satisfactorily addressed Paragraphs 1, 2, and 3 of my November 27 proffer review letter. 3. Proffer 2.1 in the October 3 Proposed Proffer Statement has been deleted. Therefore, Paragraph 4 in my November 27 letter no longer applies. I would also note that Proffer 2.2 in the October 3 Proposed Proffer Statement, which provided that all utilities shall be located underground, has been deleted. 4. Paragraph 5 of my November 27 proffer revi ew letter still applies, as to the now numbered Proffers 2.3 and 2.4. 5. The issue raised in Paragraph 6 of my November 27 proffer review letter, regarding the necessity of all owners of the property signing the Proffer Statement, has been, I believe, satisfactorily addressed. I have approved the form of a power of attorney to be signed by all owners of the property for whom William J. Lockhart is signing the Proffer Statement. A copy of the form of the power of attorney which I have approved is attached. The staff should be sure that the necessary powers of attorney are provided, and that there is attached to each power of attorney an Exhibit A containing the description of the Lockhart property included in the rezoning. 1 have advised the Applicant that faxed copies of executed powers of attorney could he provided for the Board of Supervisors' meeting, with the specific understanding that the originals of each of the exccuted powers of attorney would be promptly provided to me. 6. There was no Section 3 (Transportation) in the October 3 Proposed Proffer Statement which I reviewed. 1 have the following comments with respect to the proffers contained in Section 3: (a) Proffer 3.1 is a cash proffer. Therefore, 1 would recommend that it be made Proffer 1.4 of Proffer Paragraph 1 (Monetary Contributions). (I would recommend that the heading of Paragraph 1 he changed to "Cash Proffers Furthermore, I would recommend that this cash proffer be reworded as set forth on attached Exhibit B. Dec.13. 2006 9:28AM No.3490 P. 4 Candice E. Perkins December 13, 2006 Page 3 7. With respect to Proffer 3.2, I would recommend that in the second sentence the words "by recorded document" be inserted after the word "vacate 8. In Proffer 3.3 I would rccommend that the proffer be stated in two separate sentences, with the first sentence ending with the words "Brooke Road I would also recommend that the words "prior to occupancy of the first building" at the end of the second sentence be revised to read "prior to the issuance of the first occupancy permit for any building on the property." 9. I would recommend that the signature page for the owners of the Lockhart property be as set forth on attached Exhibit C. me. HALL, MONAHAN, ENGLE, MALIAN MITCHELL RTM/ks Enclosures CC: Chuck Maddox via fax 665 -0493 If there are any questions concerning the foregoing comments, please contact truly yours, Robert T. Mitchell, Dec.13. 200 9 28AM 2006. POWER OF ATTORNEY Know all men by these presents: That I have made, constituted and appointed and by these presents, do make, constitute and appoint William 7. Lockhart, Jr. as my true and lawful attorney, for me and in my name, place and stead, to sign any deed or other documents and receive any proceeds of sale relative to the sale of that certain property described on attached Schedule "A" and to make all necessary transfers, assignments, and conveyances thereof, with all necessary covenants, warranties, and assurances, and to sign, seal, and acknowledge, and deliver the same; and to do all such other acts, matters, and things in relation to the sale of said real estate as I might or could do if acting personally, including specifically to apply for rezoning of the said property, and to agree to and to submit any and all rezoning proffers for the said property, and I hereby ratify and confirm all lawful acts done by my said attorney by virtue thereof. This Power of Attorney shall not terminate on disability of the principal. WITNESS the following signature and seal this day of 2006. STATE OF CITY /COUNTY OF (Seal) t wit: I, a Notary Public in and for the State and ju isdic ion aforesaid, do hereby certify that whose name is signed to the foregoing Power of Attorney, dated day of 2006 has personally appeared before my and acknowledged the same in my State and jurisdiction aforesaid Given under my hand this day of My commission expires Notary Public No.3490 P. 5 Exhibit A Dec.13. 2006 9 :29AM No.3490 P. 6 Exhibit B 1.4 The Applicant shall pay to the County the total sum of Four Hundred Thousand Dollars ($400,000.00), to be used by the County, in its discretion, for transportation improvements in the Route 1 1 North Fort Collier Route 7 East area. Within five (5) business days of transfer of ownership by the Record Owner or Record Owners of all or any part of the Property, or upon approval of the first site plan on the Property, whichever first occurs, the Applicant shall provide to the County a letter of credit or other instrument, in a form satisfactory to the County, upon which the county may draw the funds, in full or in increments. Any unpaid portion of the $400,000.00 shall be paid to the County on a date two (2) years from the date the aforesaid letter of credit or other instrument is provided to the County. Dec.13. 2006 9 :29AM No•3490 P. 7 William J. Lockhart, Jr. Walter M. Lockhart Joan E. Brock Robert S. Lockhart Tamara Lockhart l.,inda L. Wilson STATE OF VIRGINIA, AT LARGE FREDERICK COUNTY The foregoing Proposed Proffer Statement was acknowledged before me this day of 2006, by William J. Lockhart Jr. My commission expires STATE OF VIRGINIA, AT LARGE FREDERICK COUNTY Notary Public The foregoing Proposed Proffer Statement was acknowledged before me this day of 2006, by Joan E. Brock, Tamara Lockhart, Walter M. Lockhart, Robert S. Lockhart, and Linda L. Wilson, by William J. Lockhart, Jr., their attorney -in -fact. My commission expires Notary Public Exhibit C 'd Dec.13. 2006 9 :29AM REZONING; PROPERTY: RECORD OWNER: APPLICANT; PRO _I ELT NAME: ORIGINAL DATE OF PROFFERS: PROPOSED PROFFER STATEMENT RZ. Rural Areas (RA) and IvfI4 -1 (Mobile Home Co »maniry) to Light Industrial (M1) 75.3R acres 'i'ax Map Parcels 54 -A -89 (portion), 54 -A -91 (p nnnn) [rhe "Property'') William j. Lockhart ct as (54 -A -89) Arcadia Mobile Park, Inc. (54 -A -91) Seefried Properties, Inc. Seefried Property October 3, 2006 The undersigned hereby proffers that the use and development of the an described above, shall be in strict conformance with the following condiuvr referenced Ml conditional rezoning is not granted as applied for by thc proffers shall be deemed withdrawn and shall be null and void. Further, dies. final rezoning of rhe Property with "final rezoning" defined as rhar rezoning following the last day upon which thc Frederick County Board of County Sup. granting the rezoning may be contested in the appropriate court. If the Board' Applicant elects not to submit development plans until such contest is rest include the day following entry of a final curt order affirming rhe decision of appealed. or. if appealed. the day following which the decision ha., horn affirm rhe proffers set ■rth below have been prepared for convenience or referent a (feet the meaning, or be taken as an interpretation of any provision of the pro: referenced herein ::halt include, within its mcaniuy, ill future owners And xucecee 1 of5 EStrO- S99 -Ob5 2131S3H0NI S Hd No.3490 P. 8 REVISION DA'1'1-;(S): 11/8/06; 11/9/06: 11/30/06: 12/5/06: 12/6/(6; 12/12/06 Arcadia Mobile Park, Inc. is the Fee simple owner of Parcel 54-A-91 by virtue of that cerrain Deed from William J. Lockhart and Dellirr j. Lockhart, as grantors, and Arcadia Mak ilc Park, Inc_, nt Rrantec, doted February 6, 1979, and recorded in Deed Book 350, Pagc 481 of the Frederick C ounty, VA records. William J. Lockhart, Jr., jcrw E. DLVIK, Donald P.ugeic Ia,ckhan, Walter M. Lockhart, Robert 3. Lockhart and I rnda L. Wilson are the fee simple owners of Parcel 54 -A -89, W illiam j. Lockhart, Sr. obtained title to the property by virtue of that certain Deed from E, B. Clevenger, et 21, dated January 23, 1948, and recorded January 27, 1948 nn teed Book 204, Page 3, Frederick County, rce ads. William J. Lockhart, Sr. died and by his Last Will and'I'e<cament recorded in Will Book 75, Page 720, devised, without qualification, Parcel I1 to his surviving widow, Dcllitt Flizabeth Lockhart. Dellirr Elizabeth Lockhart died. intestate, and by Affidavit recorded in Deed Book 934, Page 658 and documents filed as part oi' hcr Estate No. 98 -123 in Will Book 113, Page 94, her only heirs at law were established as William J. Lockh ¢t, Jr., Joan E. Brock, Donald Eugene i nckharl. Walter M. T.nckhart, Robert S. Lockhart and Linda L Wilsor. subject property "Property s. In the event that the abrne tpplicanr "Applicant"), these proffer are contingent upon which is in elute un the day tvisors (the "Board decision decision is cnntcsrcd, and rhe dived, th tern rezoning shall the Board which has not been on appeal. 'Ihr hrnrlings nF only and shall not control or fcrs. The corm "Applicant" as my in inten-A. d62;20 90 21 oea E•el Dec l3. 2006 9 :29AM Proffer Statement 1.1 I. Monetary Contribution No•3490 P. 9 Seefiled Property. The Applicant shall contribute to the County of Fredtziek the sum of 515,000.00 for fire and rescue purposes upon issuance of the first buiicling permit. 1.2 The Applicant shall eontdbute to the County of Frederick th< sum of $3,000.00 for Shc iff% office purposes upon issuance of the first building permit. 1.3 The Applicant shall contribute to the County of Frederick th r sum of $2.000,00 for general government purpose; upon issuance of the first building permit. 2. Site Development 2.1 Development of the Property shall not exceed 1.000.000 st luarc feet of gross floor area. Furthermore, office use on the site shall only be permitted as in accessory ro industrial uses. 2.2 Srnrmrvarcr management pond facilities shell be lined with an imperc innn surface ro avoid grnundwarer impacts. 23 The Applicant shall construct chc Ftrurc access road re Virginia Department of Transportation standards with a minimum pavement width of 26 feet. 2.1 Street trees shall be located n maximum of 50 feet apart along both sides of The Future access road. tiaid street tree:; shall be planted prior to occupancy ofany building on site_ 2.5 A geotechnical analysis shall be prepared and submitted :o Frederick County for any structures prior to sire plan approval. 3. Transportation 3.1 Simulutnevus with the transfer of ownership of any or all Land subject to this rezoning 'or upon site plan approval of the first use, whichever comes fist, the Applicant shall bond for off site road improvements in the aggregate Amount of $400 000. This Finding is available for Frederick County to utilize for lord roadway impros einem% at the Cnunry's sole discretion. If nfter two yean of posting chc bond this fundirg has nor been rerprestccl then the bond shall cease and a cash payment made ro Preder ck County in the amount of 5400,000 for the County's use for roadway improvements. 32 A direct connocrinn between the Property and Fort Coll cr Road shall be prohibired- Furrhermore, the A pplicant shall vacate the existing access ca: amen( located on the properry identified as Tax Map Parcel 54 -A -9213 within 120 days of rezoning approval. 3.3 The project entrance will he Incarcd on Brooke Road, th_ Applicant shall constrict a northbound right turn Inns on Brooke Road at the project <ntrance prior ro occupancy OF th first building1. SI APPEAR ON '1 1•0I.L<> \C'IN(; 1 A(:I 2 of 5 ES'0- 599 -0fS el3153H01.1In U Hd d6E:ED 90 21 oe Dec.13. 2006 9 :29AM Pmffcr Stctcmcnt Respectfully submitted, William J. Lockhart et als By: Date: STATE OF VIRGINL&, AT LARGE FREDERICK COUNTY, 'I'o -wic The foregoing instrument was acknowledged before me this _day of 2006, by My commission expires Notary Public b'd E6170 599 -045 3 of 5 No•3490 P. 10 Seefricd Property 831S3H314It7 HtIHd dsc :EO 90 21 oea Dec•)3. 2006 9 :29AM Proffer Statement' Arcadia Mobile Park, Inc. >3 Date: SPATE OF VIRGINIA, AT LARGE FRED I;RICK COUNIY, To -wit. The foregoing instrument was acknowledged before me this day of 2006, by My commission expires Notary Public 4 of 5 No.3490 P 11 .Seefried Property S'd EG O- S99 -ObS H31S3HONI11 HaHd dOb:E0 90 2i oej Dec•13. 2006 9:29AM No.3490 P• 12 Proffer Statement Seefricd Properties, Inc By: Date: STATE OF V II((*IN1A, Al' LARGE FREDERICK COUNTY, To -wit 'The foregoing instrument was acknowledged before me this day of 2006, by My commission expires Notary Public 9'd E64D- S99 -01,S 5 of 5 Secfried Property d31S3HfNIt7 U81-la d04 :E0 90 21 oar! Dec 13. 2006 9 :29AM Patton Harris Rust A•ciates Engineer.. Surveyors. Planners. Landscape Architects. PH A t.( l Comments: I'd To: 3-, /'I:L LJJ Organization/Company: Fax Number: From: L 41. A a X Date: Project Name/Subject: CC: 117 East Piccadilly Street Winches er. Virginia 22501 7 5x0.667.2139 F 540.665.0493 No.3490 P. 13 Fax Transmittal 1 e_c e -I a. 24,06, c ,J ea r j r el PP- u `f il Total Pages Inc uding cover: A hard copy of this fax will will nol be mailed to you. I S e J i 2U NOTE: This mcr atc is intended for the use of ;Ire eddreesec ad may contain Inforinazion that s privileged and tOntidrnuaL if yoe are nw the inu•ndcd recipient, you are notified that any dissemination of this co nnlunication is a :-icnly prwhibii.ed• If lx: r..e;ci.•c t facsimile in error, pieua notify lei irnmcdiately at the number aoovc. 7h: ilc you. ES40- S99 -0bS 2131S3HO1.4IFI tiaHd r•11t f�e dsE :E0 90 at oaaY PROPOSED PROFFER STATEMENT REZONING: RZ. Rural Areas (RA) and MH -1 (Mobile Home Community) to Light Industrial (MI) PROPERTY: 75.38 acres Tax Map Parcels 54 -A -89 (portion), 54 -A -91 (portion) [the "Property RECORD OWNER: William J Lockhart et als (54 -A -89) Arcadia Mobile Park, LLC (54 -A -91) APPLICANT: Seefried Properties, Inc. PROJECT NAME: Seefried Property ORIGINAL DATE OF PROFFERS: October 3, 2006 REVISION DATE(S): November 8, 2006 November 9, 2006 November 30, 2006 December 5, 2006 The undersigned hereby proffers that the use and development of the subject property "Property"), as described above, shall be in strict conformance with the following conditions. In the event that the above referenced M1 conditional rezoning is not granted as applied for by the applicant ("Applicant"), these proffers shall be deemed withdrawn and shall be null and void. Further, these proffers are contingent upon final rezoning of the Property with "final rezoning" defined as that rezoning which is in effect on the day following the last day upon which the Frederick County Board of County Supervisors (the "Board decision granting the rezoning may be contested in the appropriate court. If the Board's decision is contested, and the Applicant elects not to submit development plans until such contest is resolved, the term rezoning shall include the day following entry of a final court order affirming the decision of the Board which has not been appealed, or, if appealed, the day following which the decision has been affirmed on appeal. The headings of the proffers set forth below have been prepared for convenience or reference only and shall not control or affect the meaning or be taken as an interpretation of any provision of the proffers. The term "Applicant" as referenced herein shall include within its meaning all future owners and successors in interest. 1. Monetary Contribution 1.1 The Applicant shall contribute to the County of Frederick the sum of $15,000.00 for fire and rescue purposes upon issuance of the first building permit. 1.2 The Applicant shall contribute to the County of Frederick the sum of $3,000.00 for Sheriff's office purposes upon issuance of the first building permit. 1.3 The Applicant shall contribute to the County of Frederick the sum of $2,000.00 for general government purposes upon issuance of the first building permit. 1 of 5 Proffer Statement 2 of 5 2. Site Development 2.1 Development of the Property shall not exceed 1,000,000 square feet of gross floor area. Furthermore, office use on the site shall only be permitted as an accessory to industrial uses. 2.2 Stormwater management pond facilities shall be lined with an impervious surface to avoid groundwater impacts. 2.3 The Applicant shall construct the future access road to Virginia Department of Transportation standards with a minimum pavement width of 26 feet. 2.4 Street trees shall be located a maximum of 50 feet apart along both sides of the future access road. Said street trees shall be planted prior to occupancy of any building on site. 2.5 A geotechnical analysis shall be prepared and submitted to Frederick County for any structures prior to site plan approval. 3. Transportation 3.1 Within 120 days of rezoning approval, the Applicant shall bond for off site road improvements in the aggregate amount of $400,000. This funding is available for Frederick County to utilize for local roadway improvements at the County's sole discretion. If at the end of two years from rezoning approval this funding has not been requested then the bond shall cease and a cash payment made to Frederick County in the amount of $400,000 for the County's use for roadway improvements. 3.2 A direct connection between the Property and Fort Collier Road shall be prohibited. 3.3 The project entrance will be located on Brooke Road, the Applicant shall construct a northbound right turn lane on Brooke Road at the project entrance prior to occupancy of the first building. SIGNATURES APPEAR ON THE FOLLOWING PAGES Seefried Property Proffer Statement Respectfully submitted, William J Lockhart et als By: Date: /1//�7- 6 C' L��rvV Seefried Property 0 6 STATE OF VIRGINIA, AT LARGE FREDERICK COUNTY, To -wit: <L The foregoing instrument was acknowledged before me this G Y day of e_ c-n r 2006, by 1, I 1 n (r) J (zx {churl J c My commission �irep Notary Public r us 3/. .La 3 of 5 Zoo Proffer Statement Arcadia Mobile Park, LLC By: Date: r STATE OF VIRGINIA, AT LARGE FREDERICK COUNTY, To -wit: /0.a."--__ Seefried Property The foregoing instrument was acknowledged before me this day of PCnAni bet 2006, by IA); I■A prt J ttmc` t -yc My commission expires Notary Public 4 of 5 2 Proffer Statement Co bb Scefried Pr Bv: I`" 41 L° Date: P, bra r), 71)0"q 6eor�ia Sl'ATL OF \'1RC3 NL1, AT LARGE 1 RLDERICIC COLIMY, 'Co -wit: The foregoing instrument was acknowledged before me this L0 of 17/1,0 3006, by t o e s '1c commis. t c c Notary Public lj l _OA/ My commI 5of5 o�nuvuunr� i ES GEORGIA AUG. 26. 200' bL� B CGL' Seefi-iul Property Tax Map Parcel 54 -A -91 Subdivision: do hereby make. constitute and appoint: Notary Publi k t o� V J Sienature(s))) State of g (hrOa l hl- City/County of 0.0 119 Special Limited Power of Attorney County of Frederick, Virginia Frederick Planning Web Site: www.co.frederick.va.ns Department of Planning Development, County of Frederick, Virginia, 107 North Kent Street, Winchester, Virginia 22601 Phone 540- 665 -5651 Facsimile 540 -665 -6395 Know Al! Men By Those Present: That 1 (We) (Name) Scefricd Properties. Inc (Phone) 703.3542699 (Address) 5350 Shawnee Road, Suite 35(1 Alexandria, VA 2231 the owner(s) of all those tracts or parcels of land "Property conveyed to me (us), by deed recorded in the Clerk's Office of the Circuit Court of the County of Frederick. V irginia, by Deed Ronk 350 on Page 481 and is described as (Name) Parton Harris Rust Associates (Phone) 540.667.2139 (Address) 117 E. Piccadilly Street. Suite 200, Winchester, Virginia 22601 To act as my true and lawful attorney -in -fact for and in my (our) name, place, and stead with full power and authority I (we) would have if acting personally to file planning applications for my (our) above described Property, including K Rezoning (including proffers) Conditional Use Permits Master Development Plan (Preliminary and Final) Subdivision Site Plan My attorney -in -fact shall have the authority to offer proffered conditions and to make amendments to previously approved proffered conditions except as follows: This authorization shall expire one year from the day it is signed, or until it is otherwise rescinded or modified. {?Oo In witness them af. 1 (we) av t hereto set my (our) hand and seal this �d day of i fo wic ILA ij S.CU .jL- 1.{ s t'l I It' of v-t[ Y P \fa S t I .a Notary Public in and for the jurisdiction aforesaid miry that the personls) who signed to the foregoing Instrument personally appeared before me and has actin vledged the same before me in the lun1Vt11Nfhtnaforesatd this Ufa- day of Pdiud4200 ltt ''14y. Commission Expires: AIL. 21/ 7004 a Know All Men By Those Present: That 1 (We) (Name) See /tied Properties. Inc (Phone) 703.354.2699 (Address) 5350 Shawnee Road. Suite 350 Alexandria VA 27312 the owner(s) of all those tracts or parcels of land "Property conveyed to me (us), by deed recorded in the Clerk's Office of the Circuit Court of the County of Frederick. Virginia, by Deed Book 934 Tax Map Parcel 54 -A -89 Subdivision: do hereby make. constitute and appoint: (Name) Patton Harris Rust Associates (Phone) 540.667.2139 (Address) 1 E. Piccadilly Street. Suite 200. Winchester. Virginia 22601 To act as my true and lawful attorney -in -fact for and in my (our) name. place. and stead with full power and authority 1 (we) would have if acting personally to file planning applications for my (our) above described Property. including X Rezoning (including proffers) Conditional Use Permits Master Development Plan (Preliminary and Final) Subdivision Site Plan My attorney -in -fact shall have the authority to offer proffered conditions and to make amendments to previously approved proffered conditions except as follows_ This authorization shall expire one year from the day it is signed. or until it is otherwise rescinded or modified. In witness the oil I we v hereto set my (our) hand and seal this ait it t L °J t Signaturets) �J Notary Publi Department of Planning Development, County of Frederick, Virginia, 107 North Kent Street, Winchester, Virginia 22601 Phone 540 -665 -5651 Facsimile 540 -665 -6395 City /County of on Page 658 and is described as (',nhh Special Limited Power of Attorney County of Frederick, Virginia Frederick Planning Web Site: www.co.frederick.va.us IV y� i �/7 vase) ,a Notary Public in and for the jurisdiction aforesaid. T errify that the personas) who signed to the foregoing instrument personally appeared before me and has ackn gad th' game before me in t hcjuxiithe.Xj6n aforesaid this Lfikk- day of(2�- 11AlC0 s)4 t 9 1 00 q LL C e ri 0 EX? =Ea AUG 25. L 8 coo 01- To-wit J'✓)y Commission Expires: day of JJ (200 (1 eDhe s CORPORATE: Chantilly VIRGINIA OFFICES: Bridgewater Chantilly Charlottesville Fredericksburg Leesburg Newport News Virginia Beach Winchester Woodbridge LABORATORIES: Chantilly Fredericksburg MARVInNO OFFICES: Baltimore Columbia Frederick Germantown Hollywood PENNSYSVANIA OFFICE: Allentown WEST VIRGINIA O rrCR: Martinsburg i 540.667.2139 F 540.665.0493 117 East Piccadilly Street Suite 200 Winchester, VA 22601 Patton Harris Rust Associates Engineers. Surveyors. Planners. Landscape Architects. December 5, 2006 HAND DELIVERED Mr. Robert T. Mitchell, Jr. P.O. Box 848 Winchester, VA 22604 RE: Seefried Rezoning Application Required Signatures Dear Mr. Mitchell: I have enclosed executed power of attorney documents for the siblings of Mr. William J. Lockhart, Jr. which allow Mr. Lockhart to sign on behalf of his siblings in matters related to Tax Map Parcel 54 -A -91 in Frederick County, Virginia. I am providing you these documents in response to your comment letter dated November 27, 2006 regarding the Seefried Property rezoning application. In particular, the documents are intended to address comment 6 of your letter, wherein you note that tax records indicate multiple owners for the subject property. I hope that you find these documents satisfactory in response to you comment Also, please note that a signature has not been provided by Mr. Donald Eugene Lockhart as he is deceased. A signature from his surviving wife, Tamara Lockhart, has been provided. Please feel free to call me with any questions or comments you may have regarding this matter. Sincerely, Patton Harris Rust Ass fates Patrick R. Sowers Enclosure CC: Candice Perkins 'Joy 3d 06 0417p WILLIA1 J. LOCAT. JR iiiab /Null SO; L, -m J *u VIP u♦ u NOTARY PUESCIC MIT2 CRANE 165wan rasa+. $g ina�tltah a4*4 My COMMIEMOTI January 27, 20117 STATE OF UTAH LiWPIJ Jl.L.LOM 540 -6629 p -2 LINITIY POWER OF ATTORNEY KNOW AT.L a2413Y flialETRESENTS; That -NSA L. Air IScYi ,isnvna4 and aprPsmtcd, mod by. listscrentardla sad appoint i.n esv a� J LnraaA� R., °q true sad ,modal ca®i.p intd stcoavto s rry doad or adze= (Ian/Loan aoa seGdse ate` -p f OfMataalCi ve VI sale ofihstCMMMO priztalN dcflibal `s G(,r t`rofarr. of -mils alt mm*1a =all .owl b (,t� J* 11 zo n f nq f l ea /St/ �s smc: uvvcsws>n v� as t rs.:g3ia -rad m do s]L.a at hacsea. mizzen =A tbinp-tr`sat�oa,n swreoryle —�I bctcb0`�>� -mod. nflJaw. nest's= M my said o= cnotd..r;a+ an cGsab4IitYefdx by virtue bacot this f m• Pcrotcrotiabat piiauaFal• ii lh f o r 2 wt 2006- 2. STATE OF crnr aiL -os rz.- g fo is Ss L iL $0 whose came is ssered p Atsosoey_.,dn?r� jarzisd:etuca 2006 has Pess°oaFLY� °PP°ffi°d.�� mn and aeivsowTed����� temesid- my cacrualaa. a. t_GJ 0 04 Dec 05 2006 1:32PM Br ck Cabaret Inc. Dec 01 03 10;3a fabtallanOWERerr Al e rtaNEY 1:2413 ay THESORESENTS: SO.*/ 4e epoeA wadi:Matra amanita& and by cull" =Ste thml :wt.-40114a I kariribter nay tem and ibtrea vIscantlbemanispnary. onion documents rad 3We jecuoteM of Sans: onstreentrnic sudu sieuMptostesty &swat a2 LocialserAppeory tbesnot Mt ell -411 n a r nm anta rt Q zoo awitoina -61 10= anninalaelld. MWM4 ananintinnellir =Ea= Inerde;gtbantarlitatellialriaa tnal mom as 1 w4." ijilat macksir,..ianomsers wan harsby =die end conami Imitun min amain ay min viensolosetet Thb LinsitenrcemrscrAttouney shell oat p endlembIlity Unite tlapt STATE 1444k-eatOrIV,L ccrx fira2k1Atd ELaztittt-- ax.25;Tharei- 9104297625 ___adisre any Put torn a Su Sum me SkaccosiCacarsabsccrigribm ne" is "Apm& tbeentsitteunertestewei-Otenaricthitiat __ie_inn_ Pe-or poricePlirapPaarad atbeteekdirsd tbc soune_bast ate and icadadicaion e-CP/M* titaingamt handl* &rat .2036, :SGOrticnte aims p a P. 1 1/26/zee6 1e:14 Fax 540 667 5176 Robert L. lanes III VVILLIftIVI J. LV 1-THR I,;r% Yown OF AtTORA cY IO.OW AT 2 41674-E— PENIS: MAIL a6tac :The do '°Oral y_. 7 ��dga�ovpa� r by. sad Severn} semrs 7'. r0rnan icr Trace and atr+ce"fo sign may ae°d caber decuseemsts mod. zaceiessir Enuetcnseleade reiciwc the nab of that tam as }rase .aarmmr e.0 �3 eosKU..r dry ce-e oat+ t wish ail -si Stimat aaa: and things fa *cniaa 'ones or era] estate a f Islas ecowTQ4n Sae#izigp g aaa4S r xt and tart= atl tart ate does by nay sad emseamby. tat bl a olt .1:— tisio;a= cro'wtz arAnow rr then be ma:> bauy eFthc ate. iirrnaeszversc fotte'uixtesianaaavaod daybf_- �[}06. --t c./f s (SEAL) STALE OF `.fit r Ctir1COU2tTY OF t 1 n II`r t•••;t z•.. a.,c ot; .na fire The star red petadawm.fOtWjd„ &g n -a td 66L1. riS3ed m Et �n t hese eases s y ���f rdard c �azoFic wi t 1 nab? V' 2' 6 bap pa ar4- •.pmere4-ber ad ee Sate sad off Jut*td+clioa Gina ■an8tsMT_ bared 'his 2006. ids ie� Efi J4V VUL-1 I vu cud", SS ar '1WHN3o T r vlro+11M 002 N. p. 2 1L(V4(LVVD ID. i D rnn JVYD4JJJYD A ame LARC U LnU U U JLU lo- -wit_ -ia Fd s far 5 WILLIAM J. LlCICHART, JR CIW POWER OF ATTORNEY KNQWAsZRffii That L14 t 1» L /IL t rt>" and tiaac _do:ms s. assusitatcai d a e i/ /ia a .f LocKi A44 saz lauded shcttcy,- fait aria and in n ct&.diaoe wtal tea-siga ally- dates other d to sins any Pei d a :s= rolsas®fa lac-rata cif esra f that ceepropery QoaibOd as Le an c had ac soaks a aga tteay' °i a tie awy Te A -Pr noomosatioroosolid 7assam pent, sadta PAM had to do all such inhere acasesseces sad man nit m tar'aalauf aced zeal Shea: 1might ot meat dO °sae isesos ny. au T y;'iSreSf al i sad lawful sea dans my said any by vi:mo_hnoL .'Lora LimaosdRassa -••s a••• °•e' s eQE "wry cease WITNESS ths-SalandareSiRnasuge a d Ofaitit STATE OE crreico F3P ,�I a L. iitri.dianositr.rwrifflar sivas et. ai..r..,e.,e J 1.ntwet Posst=atRt:7 ceey, dated /,14�.,a»Lo 2006 has gPorsanally St t amd -^s. F EF 4 /1 a eV a: 4. 5006. 0131- 001saasiaa- u L Zr� Zi_ Nu iARY PIfBllC STATEDF- WESTq *©i CARMAMX RHILLIPS' i "FTMpO t Roncevene, WY 2497a 1_ ms,CDmmiss'3n EipicntpMP. entry Public p.i .wit Pxap.oiry 4 vale afi State had vu 1! uu i STATE OF U III 14 city/cowry-op ---LINSTED-PS-VaSF ATTORNEY KNOW AIL S4 Sy TFrus•Yitgzsacrs: That L. PretTer 5 ivcobter have .ma otraitatod it einisott- and IrY these rasemons do =at, eseitelft= EWA °Wean ish if I fkhi my to sad laI artortscyrfortne-and-in name, plactradrsteed to sign any deal other reetintiay-peateeahatalsale reistivdierthn et of thalercalts property as taragasatelatat Sellseethndtge, aind to as A m nectury: ttairtinim_assigrim=3 anitrarveyan ihorec C)(244eeit with ar Mx Air -A- rierrersaryeentenantn,-IatautorteSigtascal.-aniana.-Ja.-mattr=isertbraaosc; and to do ea such •other atm zmpaas mand-ger-M sedzsionazuttiraki-otaint'l mai, estate nsight or =odd do f =dog itersonall Wit 1 hereby 210b end confine oll_hostrtul az= dm= try my said antomey by vistrazatat Thierrainited Pint of AZIOri*F torniaate w disability refuse IT prioricat WHESStbe ll rt ntoowigaigrartu=asa ±)---dety-of- a CS -14 .04 /2%zHN- dto to-adt: 1 ,=t firk:re, a Notary Roblin _in_ratd fra tbr State jaulidiction afeestaahy‘da_henetty-eernify•dats signed to the foragetingLiaitet5 Power of Atconsey )n day issntyette and jurisdiction 2006 has 6 aforesaid_ GThnItescrerwayharat thin tray or k entter 2006 My onatusinstirto cirpires LLD.-- '3 Oct SAL) end CORPORATE: Chantilly VIRGINIA OFFICES: Bridgewater Chantilly Charlottesville Fredericksburg Leesburg Newport News Virginia Beach Winchester Woodbridge LABORATORIES: Chantilly Fredericksburg MARYLAND OFFICES: Baltimore Columbia Frederick Germantown Hollywood PENNSYLVANIA OFFICE: Allentown WEST VIRGINIA OFFICE: Martinsburg Patton Harris Rust Associates Engineers. Surveyors. Planners. Landscape Architects. 1 December 2006 Members of the Planning Commission Frederick County, Virginia RE: Seefried Industrial Rezoning Madam Chair Wilmot Gentlemen: Tbcrc are 4 reasons why the subject rezoning should receive your approval. Wednesday night. (1) The tinting is important to the industrial partners interest. (2) The rezoning will erase 27.24 acres of Residential Zoning (mobile home) which projects into the existing developed industrial area and is a "By Right" use that is in conflict with the established uses. (3). The proposed user intends a major investment which will provide balance in, the local economy through creation of jobs and tax base. (4) The site is in conformance with the Comprehensive Policy Plan. For your inform,tion, Cn. filed Pr^p°''fes, T rc w ill 2 r efe r this property, when_ rezoned, to the Johnson Development Assoc., Inc. of Spartanburg, South Carolina. Johnson is also intending to purchase the. undeveloped land adjacent to World Pasta, which is currently zoned M -1. The Johnson Group since 1987 has developed over 9,00000 SF of industrial buildings for use by numerous manufacturing and distribution related industries. Johnson_ is also the principal developer of the Holland Industrial Park i Isle of Wight County, Virginia with plans for over a million square feet of speculative industrial space by 2008_ They are recommended by the Virginia Economic Partnership. The site will. support 3 buildings totaling 1,000,000 SF. Once the first building is occupied, they will begin the next. Each building represents a $12,000,000 investment and once occupied will normally provide another $12,000,000 in- machinery, tools and properties. Many jobs will be created in this complex. 7 540.667.2139 5ao.665 0493 Johnson looked at a number of different sites before choosing Frederick County. 117 East Piccadilly streetAll of the wise planning decisions made over time by the EDC, Planning Suite 200 Commission and Board of Supervisors have made this possible. Winchester, VA 22601 P Please accept the revised proffer statement which addresses certain VDOT concerns. We will be in contact with you before the meeting to see if you have any questions. Sincerely yours, PATTON HARRIS RUST ASSOCIATES ffi C. E. Maddox, Jr., P.E., Consultant/ CEM /kf Enclosure cc Steve Cloud, Seefried Properties, Tnr Copeland Rhea, Johnson Development Board of Supervisors Eric Lawrence Patrick Barker WILBUR C. HALL (1892 -1972) HALL, MONAHAN, ENGLE, MAHAN MITCHELL NOV 2 2006 7 307 EAST MARKET STREET THOMAS V. MONAHAN (1924 1999) LEESBURG. VIRGINIA SAMUEL D. ENGLE TELEPHONE 703077 O. LELAND MAHAN ROBERT T. MITCHELL, JR. JAMES A. KLENKAR STEVEN F. JACKSON DENNIS J. MCLOUGHLIN, JR. A PARTNERSHIP OF PROFESSIONAL CORPORATIONS ATTORNEYS AT LAW November 27, 2006 9 EAST BOSCAWEN STREET WINCHESTER. VIRGINIA TELEPHONE 540 002-3200 FAX 5406024304 E MAIL lawyers@halImonahao.com HAND- DELIVERED Candice E. Perkins Planner II Frederick County Department of Planning Development 107 North Kent Street Winchester, VA 22601 Re: Seefried Property (Seefried Properties, Inc.) Proposed Proffer Statement PLEASE REPLY TO: P. 0. BOX 848 WINCHESTER, VIRGINIA 22604 Dear Candice: I have reviewed the above referenced Proffer Statement. It is my opinion that the proposed Proffer Statement is generally in a form to meet the requirements of the Frederick County Zoning Ordinance and the Code of Virginia, subject to the following comments: 1. The proposed Proffer Statement should contain a paragraph setting forth the identity of the owner or owners of each parcel, and the source of title for their ownership. 2. The first paragraph of the proposed Proffer Statement states that the proffers "shall supersede all other proffers that may have been made prior hereto." If there has been a prior proffered rezoning on either of the properties, a copy of the previously approved proffers should be provided to me to supplement this review. If there has been no prior proffered rezoning, the above quoted language should be deleted. Candice E. Perkins November 27, 2006 Page 2 HALL, MONAHAN, ENGLE, MAHAN MITCHELL 3. In paragraph 1 of the proffers (Monetary Contribution), I would suggest that the word "industrial" be removed from each of the three proffers, so that the subject monetary contributions will be due upon the issuance of the first building permit on the property. Since the property is being zoned to an industrial category, the proffer should be due upon the issuance of the first building permit on the property, without having to make a determination as to whether the building being constructed is "industrial 4. Proffer 2.1, which states that "Site lighting shall be constructed in a manner that avoids any negative impacts to adjacent properties is unnecessarily vague. The proffer should either detail the specifics of the lighting, or add at the end of the sentence "as determined by the Zoning Administrator." 5. In Proffers 2.4 and 2.5, reference is made to a "future access road Since the proposed Proffer Statement makes no reference to a Generalized Development Plan, nor any reference to a plat to be made a part of the proffers showing the location of the future access road, staff needs to determine whether it can reasonably evaluate these two proffers. 6. One of the record owners of the Property is shown to be "William J. Lockhart, et als This indicates more than one owner. However, the Proffer Statement is set up to be signed (on Page 3 of 5) by one person on behalf of "William J. Lockhart, et als The Frederick County tax parcel information references Deed Book 934 at Page 658. The document there recorded is a Affidavit showing the heirs of Delitt Elizabeth Lockhart. That affidavit indicates that Delitt Elizabeth Lockhart died intestate (without a will), leaving as her heirs the six persons listed on the affidavit. Presumably, Delitt Elizabeth Lockhart was the owner of the property, and upon her death the title to the property passed to her six heirs listed on the affidavit. If this is the case, then each of the owners of the property must sign the Rezoning Application and the Proffer Statement, unless there is produced a legally sufficient Candice E. Perkins November 27, 2006 Page 3 power of attorney for a person to sign these documents on behalf of one or more of the owners. I enclose a copy of the affidavit recorded in Deed Book 934 at Page 658. It should be noted that I have not reviewed the substance of the proffers as to whether the proffers are suitable and appropriate for the rezoning of this specific property, or whether other proffers would be appropriate, as it is my understanding that that review will be done by the staff and the Planning Commission. me. RTM/ks Enclosure HALL, MONAHAN, ENGLE, MAHAN MITCHELL If there are any questions concerning the foregoing comments, please contact ly yours, Robert T. Mitchell, Jr. EX RA ZONE 48.14 AC. d cre q p7 f' A 4 M t 9 6 4 EX MH -1 ZONE 27.24 AC. 2 SEEFRIED PROPERTY ZONING BOUNDARY FREDERICK COUNTY, V/RG /N /A TOTAL AREA 75.38 AC. Patton, Harris, Rust Associates 117 E. Picadilly St. Winchester, Virginia 22601 VOICE (540) 667 -2139 FAX: (540) 665 -0493 REZONING: PROPOSED PROFFER STATEMENT RZ_.# Rural Areas (RA) and MH -1 (Mobile Home Community) to Light Industrial (M1) DEC 5 2006 PROPERTY: 75.38 acres Tax Map Parcels 54 -A -89 (portion), 54 -A -91 (portion) [the "Property RECORD OWNER: William J. Lockhart et als (54 -A -89) Arcadia Mobile Park, LLC (54 -A -91) APPLICANT: Seefried Properties, Inc. PROJECT NAME: Seefried Property ORIGINAL DATE OF PROFFERS: October 3, 2006 REVISION DATE(S): November 8, 2006 November 9, 2006 November 30, 2006 December 5, 2006 The undersigned hereby proffers that the use and development of the subject property "Property'), as described above, shall be in strict conformance with the following conditions. In the event that the above referenced M1 conditional rezoning is not granted as applied for by the applicant "Applicant"), these proffers shall be deemed withdrawn and shall be null and void. Further, these proffers are contingent upon final rezoning of the Property with "final rezoning" defined as that rezoning which is in effect on the day following the last day upon which the Frederick County Board of County Supervisors (the "Board decision granting the rezoning may be contested in the appropriate court. If the Board's decision is contested, and the Applicant elects not to submit development plans until such contest is resolved, the term rezoning shall include the day following entry of a final court order affirming the decision of the Board which has not been appealed, or, if appealed, the day following which the decision has been affirmed on appeal. The headings of the proffers set forth below have been prepared for convenience or reference only and shall not control or affect the meaning or be taken as an interpretation of any provision of the proffers. The term "Applicant" as referenced herein shall include within its meaning all future owners and successors in interest. 1. Monetary Contribution 1.1 The Applicant shall contribute to the Countv of Frederick the sum of $15,000.00 for fire and rescue purposes upon issuance of the first building permit. 1.2 The Applicant shall contribute to the County of Frederick the sum of $3,000.00 for Sheriff's office purposes upon issuance of the first building permit. 1.3 The Applicant shall contribute to the County of Frederick the sum of $2,000.00 for general government purposes upon issuance of the first building permit. 1 of 5 J Proffer Statement 2. Site Development Seefried Property 2.1 Development of the Property shall not exceed 1,000,000 square feet of gross floor area. Furthermore, office use on the site shall only be permitted as an accessory to industrial uses. 2.2 Stormwater management pond facilities shall be Tined with an impervious surface to avoid groundwater impacts. 2.3 The Applicant shall construct the future access road to Virginia Department of Transportation standards with a minimum pavement width of 26 feet. 2.4 Street trees shall be located a maximum of 50 feet apart along both sides of the future access road. Said street trees shall be planted prior to occupancy of any building on site. 2.5 A gcotechnical analysis shall be prepared and submitted to Frederick County for any structures prior to site plan approval. 3. Transportation 3.1 Within 120 days of rezoning approval, the Applicant shall bond for off site road improvements in the aggregate amount of $400,000. This funding is available for Frederick County to utilize for local roadway improvements at the County's sole discretion. If at the end of two years from rezoning approval this funding has not been requested then the bond shall cease and a cash payment made to Frederick County in the amount of $400,000 for the County's use for roadway improvements. 3.2 A direct connection between the Property and Fort Collier Road shall be prohibited. 3.3 The project entrance will be located on Brooke Road, the Applicant shall construct a northbound right turn lane on Brooke Road at the project entrance prior to occupancy of the first building. SIGNATURES APPEAR ON THE FOLLOWING PAGES 2 of5 Proffer Statement Respectfully submitted, William J. Lockhart et als By: Date: STATE OF VIRGINIA, AT LARGE FREDERICK COUNTY, To -wit: The foregoing instrument was acknowledged before me this day of 2006, by My commission expires Notary Public 3 of 5 Seefried Property Proffer Statement Arcadia Mobile Park, LLC By: Date: STATE OF VIRGINIA, AT LARGE FREDERICK COUNTY, To -wit: The foregoing instrument was acknowledged before me this day of 2006, by My commission expires Notary Public 4 of 5 Seefried Property Proffer Statement Seefried Properties, Inc. By: Date: STATE OF VIRGINIA, AT LARGE FREDERICK COUNTY, To -wit: The foregoing instrument was acknowledged before me this day of 2006, by My commission expires Notary Public 5 of 5 Seefried Property PROPOSED PROFFER STATEMENT NOT CURRENT REZONING: RZ. Rural Areas (RA) and MH -1 (Mobile Home Community) to Light Industrial (M1) PROPERTY: 75.38 acres Tax Map Parcels 54 -A -89 (portion), 54 -A -91 (portion) [the "Property RECORD OWNER William J. Lockhart et als Arcadia Mobile Park, LLC APPLICANT: Seefried Properties, Inc. PROJECT NAME: Seefried Property ORIGINAL DAI OF PROFFERS: October 3, 2006 REVISION DAIL(S): November 8, 2006 November 9, 2006 November 30, 2006 The undersigned hereby proffers that the use and development of the subject property "Property as described above, shall be in strict conformance with the following conditions, which shall supersede all other proffers that may have been made prior hereto. In the event that the above referenced M1 conditional rezoning is not granted as applied for by the applicant "Applicant these proffers shall be deemed withdrawn and shall be null and void. Further, these proffers are contingent upon final rezoning of the Property with "final rezoning" defined as that rezoning which is in effect on the day following the last day upon which the Frederick County Board of County Supervisors (the "Board decision granting the rezoning may be contested in the appropriate court. If the Board's decision is contested, and the Applicant elects not to submit development plans until such contest is resolved, the term rezoning shall include the day following entry of a final court order affirming the decision of the Board which has not been appealed, or, if appealed, the day following which the decision has been affirmed on appeal. The headings of the proffers set forth below have been prepared for convenience or reference only and shall not control or affect the meaning or be taken as an interpretation of any provision of the proffers. The term "Applicant" as referenced herein shall include within its meaning all future owners and successors in interest. 1. Monetary Contribution 1.1 The Applicant shall contribute to the County of Frederick the sum of $15,000.00 for fire and rescue purposes upon issuance of the first industrial building permit. 1.2 The Applicant shall contribute to the County of Frederick the sum of $3,000.00 for Sheriff's office purposes upon issuance of the first industrial building permit. 1.3 The Applicant shall contribute to the County of Frederick the sum of $2,000.00 for general government purposes upon issuance of the first industrial building permit. 1 of 5 5 2006 Proffer Statement 2. Site Development •T CUBBE Tried Property 2.1 Development of the Property shall not exceed 1,000,000 square feet of gross floor area. Furthermore, office use on the site shall only be permitted as an accessory to industrial uses. 2.2 Stormwater management pond facilities shall be lined with an impervious surface to avoid groundwater impacts. 2.3 The Applicant shall construct the future access road to Virginia Department of Transportation standards with a minimum pavement width of 26 feet. 2.4 Street trees shall be located a maximum of 50 feet apart along both sides of the future access road. Said street trees shall be planted prior to occupancy of any building on site. 2.5 A geotechnical analysis shall be prepared and submitted to Frederick County for any industrial structures prior to site plan approval. 3. Transportation 3.1 Within 120 days of rezoning approval, the Applicant shall bond for off site road improvements in the aggregate amount of $200,000. This funding is available for Frederick County to utilize for local roadway improvements at the County's sole discretion. If at the end of two years from rezoning approval this funding has not been requested then the bond shall cease and a cash payment made to Frederick County in the amount of $200,000 for the County's use for roadway improvements. 3.2 A direct connection between the Property and Fort Collier Road shall be prohibited. 3.3 If the project entrance is located on Brooke Road, the Applicant shall construct a northbound right turn lane on Brooke Road at the project entrance prior to occupancy of the first industrial building. SIGNATURES APPEAR ON THE FOLLOWING PAGES 2of5 REZONING: PROPERTY: 76.00 acres Tax Map Parcels 54 -A -89 (portion), 54 -A -91 (portion) [the "Property"] RECORD OWNER: William J Lockhart et als Arcadia Mobile Park, I I C APPLICANT: Seefried Properties, Inc. PROJECT NAME Seefried Property ORIGINAL DATE OF PROFFERS: October 3, 2006 1. Monetary Contribution PROPOSED PROFFER STATEMENT RZ. /9 06 Rural Areas (RA) and MH -1 (Mobile Home Community) to Light Industrial (M1) 1 of 5 NQ REVISION DATE(S): November 8, 2006 November 9, 2006 The undersigned hereby proffers that the use and development of the subject property ("Property"), as described above, shall be in strict conformance with the following conditions, which shall supersede all other proffers that may have been made prior hereto. In the event that the above referenced M1 conditional rezoning is not granted as applied for by the applicant (`Applicant these proffers shall be deemed withdrawn and shall be null and void. Further, these proffers are contingent upon final rezoning of the Property with "final rezoning" defined as that rezoning which is in effect on the day following the last day upon which the Frederick County Board of County Supervisors (the `Board decision granting the rezoning may be contested in the appropriate court. If the Board's decision is contested, and the Applicant elects not to submit development plans until such contest is resolved, the term rezoning shall include the day following entry of a final court order affirming the decision of the Board which has not been appealed, or, if appealed, the day following which the decision has been affirmed on appeal. The headings of the proffers set forth below have been prepared for convenience or reference only and shall not control or affect the meaning or be taken as an interpretation of any provision of the proffers. The term "Applicant" as referenced herein shall include within its meaning all future owners and successors in interest. 1.1 The Applicant shall contribute to the County of Frederick the sum of $15,000.00 for fire and rescue purposes upon issuance of the first industrial building permit. 1.2 The Applicant shall contribute to the County of Frederick the sum of $3,000.00 for Sheriff's office purposes upon issuance of the first industrial building permit. 1.3 The Applicant shall contribute to the County of Frederick the sum of $2,000.00 for general government purposes upon issuance of the first industrial building permit. NT Proffer Statement Seefried Property 2. Site Development 2. Development of the Property shall not exceed 1,000,000 square feet of gross floor area. Furthermore, office use on the site shall only be permitted as an accessory to industrial uses. 2.2 Stormwater management pond facilities shall be lined with an impervious surface to avoid groundwater impacts. 2.3 The Applicant shall construct the future access road to Virginia Department of Transportation standards with a minimum pavement width of 26 feet. 2.4 Street trees shall be located a maximum of 50 feet apart along both sides of the future access road. Said street trees shall be planted prior to occupancy of any building on site. 2.5 A geotechnical analysis shall be prepared and submitted to Frederick County for any industrial structures prior to site plan approval. 3. Transportation 3.1 Within 120 days of rezoning approval, the Applicant shall bond a westbound left turn lane at the intersection of Brooke Road and Fort Collier Road. The Applicant shall construct said improvement within 180 days of receiving written notice from the County and /or VDOT. If formal request for improvement is not made within 2 years of issuance of the first certificate of occupancy for the Property, the Applicant shall be released from the bond and shall not be liable for said improvement. 3.2 Within 120 days of rezoning approval, the Applicant shall post a bond in the amount of $75,000 for partial funding of a signal at the intersection of Brooke Road and Fort Collier Road. If said traffic signal is not constructed within 2 years of issuance of the first certificate of occupancy for the Property, the Applicant shall be released from the bond and shall not be liable for said improvement. 3.3 A direct connection between the Property and Fort Collier Road shall be prohibited. 3.4 If the project entrance is located on Brooke Road, the Applicant shall construct a northbound right turn lane on Brooke Road at the project entrance prior to occupancy of the first industrial building. SIGNATURES APPEAR ON THE FOLLOWING PAGES 2 of 5 4\1021c SENT Proffer Statement Respectfully submitted, William J. Lockhart et als By: r /�f�a zst Date: STATE OF VIRGINIA, AT LARGE FREDERICK COUNTY, To -wit: y-k The foregoing instrument was acknowledged before me this day of 2006,by )A LEi tic OE $iasT ,j t My commission Notary Public es �FTrs 4 Zoo`1 3 of5 Seefried Property Notary Public Proffer Statement Seefried Property Arcadia Mobile Park, L[ C Gt By: vr.� /--e t Date: STATE OF \TIRGINL4, AT LARGE FREDERICK COUNTY, To -wit: The foregoing instrument was acknowledged before me this f day of kf \°frets U 2006, by Pic) I i l M Lv a_ ci ar"t (',!c My commission expires Is 4t 200i 4 of 5 NOT CURRENT Proffer Statement Seefried Properties, In By: �D L �1 Date: 11/ q /iL Cm I1�T7 STAIF.OF\ IRG �,AE To -wit My commissi� Notary Public 5 of 5 NOT CURRENT Seefried Property C01019. j �y1}1� t /,�Y( Y/ The foregoing instrument was acknowledged before me this f 6 t& day of tr 2006, by Qof .Y{ S 441144.$cn+ \\`0co- D. 0�w°unpq� O lid 1 O T 1-t" E XPhRES sf I i GEORGIA AUG. 26, 2007 j E. O F,JBLl 0 ae CO REZONING: RZ. n PROPOSED PROFFER STATEMENT Rural Areas (RA) and MH -1 (Mobile Home Community) to Light Industrial (M1) PROPERTY: 76.00 acres Tax Map Parcels 54 -A -89 (portion), 54 -A -91 (portion) [the "Property" RECORD OWNER: William J. Lockhart et als Arcadia Mobile Park, LLC APPLICANT: Secfried Properties, Inc. PROJECT NAME: Seefried Property ORIGINAL DATE OF PROFFERS: October 3, 2006 REVISION DATE(S): November 8, 2006 The undersigned hereby proffers that the use and development of the subject property "Property as described above, shall be in strict conformance with the following conditions, which shall supersede all other proffers that may have been made prior hereto. In the event that the above referenced M1 conditional rezoning is not granted as applied for by the applicant "Applicant these proffers shall be deemed withdrawn and shall be null and void. Further, these proffers are contingent upon final rezoning of the Property with "final rezoning" defined as that rezoning which is in effect on the day following the last day upon which the Frederick County Board of County Supervisors (the "Board decision granting the rezoning may be contested in the appropriate court. If the Board's decision is contested, and the Applicant elects not to submit development plans until such contest is resolved, the term rezoning shall include the day following entry of a final court order affirming the decision of the Board which has not been appealed, or, if appealed, the day following which the decision has been affirmed on appeal. The headings of the proffers set forth below have been prepared for convenience or reference only and shall not control or affect the meaning or be taken as an interpretation of any provision of the proffers. The term "Applicant" as referenced herein shall include within its meaning all future owners and successors in interest. 1. Monetary Contribution 1.1 The Applicant shall contribute to the County of Frederick the sum of $15,000.00 for fire and rescue purposes upon issuance of the first industrial building permit. 1.2 The Applicant shall contribute to the County of Frederick the sum of $3,000.00 for Sheriff's office purposes upon issuance of the first industrial building permit. 1.3 The Applicant shall contribute to the County of Frederick the sum of $2,000.00 for general government purposes upon issuance of the first industrial building permit. 2. Site Development 2.1 Site lighting shall be constructed in a manner that avoids any negative impacts to adjacent properties. 1 of 5 Proffer Statement 2.2 All utilities shall be located underground. 2.3 Stormwater management pond facilities shall be lined with an unpervious surface to avoid groundwater impacts. 2.4 The Applicant shall construct the future access road to Virginia Department of Transportation standards with a minimum pavement width of 26 feet. 2.5 Street trees shall be located a maximum of 50 feet apart along both sides of the future access road. Said street trees shall be planted prior to occupancy of any building on site. 2.6 A geotechnical analysis shall be prepared and submitted to Frederick County for any industrial structures prior to site plan approval. 3. Transportation 3.1 Prior to issuance of the first industrial building permit, the Applicant shall bond a westbound left turn lane at the intersection of Brooke Road and Fort Collier Road. The Applicant shall construct said improvement within 180 days of receiving written notice from the County and /or VDOT. If formal request for improvement is not made within 2 years of posting bond, the Applicant shall be released from the bond and shall not be liable for said improvement. 3.2 Prior to issuance of the first industrial building permit, the Applicant shall post a bond in the amount of $75,000 for partial funding of a signal at the intersection of Brooke Road and Fort Collier Road. If said traffic signal is not constructed within 2 years of posting bond, the Applicant shall be released from the bond and shall not be liable for said improvement. 3.3 A direct connection between the Property and Fort Collier Road shall be prohibited. 3.4 If the project entrance is located on Brooke Road, the Applicant shall construct a northbound right turn lane on Brooke Road at the project entrance prior to occupancy of the first industrial building. SIGNATURES APPEAR ON THE FOLLOWING PAGES 2 of 5 Seefried Property YP` Ji�y w';l Proffer Statement Respectfully submitted, William J Lockhart et als By: Date: Ai/24;4g -idlif/ STATE OF VIRGINIA, AT LARGE FREDERICK COUNTY, To -wit: 2006, by 1,0 l k; A J Loc S b (ITT 1 3 of 5 Seefried Property k The foregoing instrument was acknowledged before me this day of My commission xpires 3 1 et /1 6, 451 zoo Notary Public /Y /L� 44cOtar Lfl M I c i p���9 ENT Proffer Statement Arcadia V.�! �.L 1 Mobile Park, TIC By: 4-- Date: deiz STATE OF VIRGINIA, AT LARGE FREDERICK COUNTY, To -wit: Q The foregoing instrument was acknowledged before me this 1 d of 2006, by ?,);I T L9ckh,o- -fi «c Notary Public My commission expires 3I 2ctri M o tetr 4 of5 Seefi Property tNQT CURRENT. Proffer Statement Seefried Properties, IIn By: a Ca) Date: ti /pb OF S 6 �IltGI T'ASTATE GI AT LARGE To -wit: CAbb The foregoing instrument was acknowledged before me this )b t `day of �rAVtvn 2006, by lohlet 5 rtalCust N My commissiotl pxp Notary Public �V{Y6,(/V ill-e< D. va.5G1 5of5 Seefried Property 00111111111%, EXPIRES I GEORGIA I E AUG. 26. 2007 /1 4 3 0, 41 61160 :‘,49T "UEBEN r RECORD OWNER: APPLICANT: PROJECT NAME: ORIGINAL DATE OF PROFFERS: 1. Monetary Contribution REVISION DATE(S): November 8, 2006 2. Site Development it PROPOSED PROFFER STATEMENT REZONING: RZ. /9 —L6 Rural Areas (RA) and MH -1 (Mobile Home Community) to Light Industrial (M1) PROPERTY: 76.00 acres Tax Map Parcels 54 -A -89 (portion), 54-A-91 (portion) the "Property"J William J. Lockhart et als Arcadia Mobile Park, I..LC Seefried Properties, Inc. Seefried Property October 3, 2006 The undersigned hereby proffers that the use and development of the subject property "Property"), as described above, shall be in strict conformance with the following conditions, which shall supersede all other proffers that may have been made prior hereto. In the event that the above referenced Ml conditional rezoning is not granted as applied for by the applicant "Applicant these proffers shall be deemed withdrawn and shall be null and void. Further, these proffers are contingent upon final rezoning of the Property with "final rezoning" defined as that rezoning which is in effect on the day following the last day upon which the Frederick County Board of County Supervisors (the "Board decision granting the rezoning may be contested in the appropriate court. If the Board's decision is contested, and the Applicant elects not to submit development plans until such contest is resolved, the term rezoning shall include the day following entry of a final court order affirming the decision of the Board which has not been appealed, or, if appealed, the day following which the decision has been affirmed on appeal. The headings of the proffers set forth below have been prepared for convenience or reference only and shall not control or affect the meaning or be taken as an interpretation of any provision of the proffers. The term "Applicant" as referenced herein shall include within its meaning all future owners and successors in interest. 1.1 The Applicant shall contribute to the County of Frederick the sum of $15,000.00 for fire and rescue purposes upon issuance of the first industrial building permit. 1.2 The Applicant shall contribute to the County of Frederick the sum of $3,000.00 for Sheriff's office purposes upon issuance of the first industrial building permit. 1.3 The Applicant shall contribute to the County of Frederick the sum of $2,000.00 for general government purposes upon issuance of the first industrial building permit. 2.1 Site lighting shall be constructed in a manner that avoids any negative impacts to adjacent properties. 1 of 5 NOT CURRENT Proffer Statement 2.2 All utilities shall be located underground. Seefried Property 2.3 Stormwater management pond facilities shall be lined with an impervious surface to avoid groundwater impacts. 2.4 The Applicant shall construct the future access road to Virginia Department of Transportation standards with a minimum pavement width of 26 feet. 2.5 Street trees shall be located a maximum of 50 feet apart along both sides of the future access road. Said street trees shall be planted prior to occupancy of any building on site. 2.6 A gcotechnical analysis shall be prepared and submitted to Frederick County for any industrial structures prior to site plan approval. 3. Transportation 3.1 Prior to issuance of the first industrial building permit, the Applicant shall bond a westbound left turn lane at the intersection of Brooke Road and Fort Collier Road. The Applicant shall construct said improvement within 180 days of receiving written notice from the County and /or VDOT. 1f formal request for improvement is not made within 2 years of posting bond, the Applicant shall be released from the bond and shall not be liable for said improvement. 3.2 Prior to issuance of the first industrial building permit, the Applicant shall post a bond in the amount of $75,000 for partial funding of a signal at the intersection of Brooke Road and Fort Collier Road. If said traffic signal is not constructed within 2 years of posting bond, the Applicant shall be released from the bond and shall not be liable for said improvement. 3.3 A direct connection between the Property and Fort Collier Road shall be prohibited. 3.4 If the project entrance is located on Brooke Road, the Applicant shall construct a northbound right turn lane on Brooke Road at the project entrance prior to occupancy of the first industrial building. SIGNATURES APPEAR ON THE FOLLOWING PAGES 2 of 5 NT CURRENT Proffer Statement Respectfully submitted, William J. Lockhart et als By: Date fl6 STATE OF VIRGINIA, AT LARGE FREDERICK COUNTY, To -wit: The foregoing instrument was acknowledged before me this day of 2006, by My commission expires Notary Public 3 of 5 Seefried Property CLJRRE2 ,r Proffer Statement Arcadia Mobile Park, LLC BY' taiLSaz Date: l -g-eD STATE OF VIRGINIA, AT LARGE FREDERICK COUNTY, To -wit: The foregoing instrument was acknowledged before me this day of 2006, by My commission expires Notary Public 4 of 5 Seefried Property NOT CURRENT Proffer Statement Seefried Properties, Inn B (u S4 Co Date: (l/ �pb �cGY, STATE OF �'IRCI 1, AT FARCE To -wit: Cobb The foregoing instrument was acknowledged before me this of WfWV /n 19 tY 2006, by S teIILKSt My commissio�,pxp' Notary Public i P. v4.561 5 of 5 a� a \Il \11111 IIIII/ v l o 0 y dcf EXPIRES GEORGIA I AuG. 26, zoo? j el j"66"6 I 4 0` Seefried Property NT CURRENT