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HomeMy WebLinkAbout19-06 Proffers (2)kg-zso n erT C '2qW' 0 0 0 0 N m o f9 N a y P. 0 O. V] 1/40 Q O N N N o Q cki 0 zEO P. a3 n 11 '082870 11 1:0539044831: 00073L05L1242e FILE DOPY RECEIVED FROM ADDRESS TI O O Tim RENT O FOR AMT. OF ACCOUNT 4MT. PAID BALANCE DUE n 'u' Ya -'AT e 1 r DOLLAR 1 ,y)AccouNtfiteI OW4PAID, „TREASUREROF FREDERICK,COUNTY COUNTY OF FREDERICK'VIRGINIA P pipAyfociio,V.MX. e WINCH VA :22604 _BANK'OF =AMERI CA r_ x,S PARTANB U RGfSC E29304 wat 41U,i i0 h p i il€' I Date hr.k o N eek Amoun ,20'00tt00� '�Iwrl i #riW ilIy�� "�ylyl i� 4i 2`rei !tlli 4- ous 7 0010UD I oBai j O r l Iwll I VOID IF NOT� 18QDAYSIWITH O 1 F �IS 3S.pr..4 a+..4%Sx n:"'ylvc antrc.LN.ix. r.R*. .:..t v. +..a`tue+"°✓H -'et N" .1 ya Il i v l 1 L4 1 tl ie "l�Frll I# 1 �I V 4' 10l} 6 I' 1Ii it P I IN �T t''a )V OCT 1 8 2007 1286412 October 16, 2007 Dear Ms. Perkins: With kind regards, Mendy William /maw Enclosure 340 E MAIN ST. SUITE 500 SPARTANBURG. SC 29302 JOHNSON DEVELOPMENT ASSOCIATES, INC. INDUSTRIAL MULTI FAMILY REAL ESTATE DEVELOPERS Ms. Candice Perkins Frederick County Planning Department 107 North Kent Street Winchester, VA 22601 Re: Winchester Industrial Site Enclosed is the check for the proffers for the Winchester Industrial project. Please let me know if I can be of further assistance. PO Box 3524 SPARTANBURG, SC 29304 P 664.585.2000 F 854.594.5995 WWW. JOHNSONOEVELOPMENT. NET Canetaft 00-35.0201 NSN 10.2075 erica 1 FILE COPY BANK OF AMERICA CONFIDENTIAL DATE: JANUARY 10, 2007 IRREVOCABLE STANDBY LETTER OF CREDIT NUMBER: 2086177 BENEFICIARY TREASURER, COUNTY OF FREDERICK 107 NORTH KENT STREET WINCHESTER, VIRGINIA 22601 Hank el An,armn. N A. 1tade 0pe,a0 n5 C\9 7 05. 07.05 1000 W. Tnnplt SA.150 AOede,. CA 00012 ORIGINAL 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 EXPIRATION JANUARY 10, 2008 AT OUR COUNTERS 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 019 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 419 -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 17. NORTH FORT COLLIER ROUTE 7 EAST AREA. AND /OR A STATEMENT SIGNED BY THE ZONING /SUBDIVISION ADMINISTRATOR OF THE COUNTY OF FREDERICK THAT: "THE DRAWING IS FOR THE EXPLICIT PURPOSE OF PROVIDING FOR THE PROFFERED CASH CONTRIBUTION TOWARDS TRANSPORTATION IMPROVEMEN'T'S 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 419 -06 TO THE SATISFACT:FON 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 PRESENTATION AND DELIVERY OF THE ABOVE DOCUMENTS. MC15 -020I YSB m.'fo, BANK OF AMERICA CONFIDENTIAL PAGE: 2 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 HAS 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 SHALL BE TERMINATED PRIOR TO THE EXPIRY DATE UPON RECEIPT OF WRITTEN INSTR.UCTI:ONS 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 OS AT BANK OF AMERICA, N.A., 1000 W. TEMPLE STREET, MAIL CODE: CA9- 705- 07 -05, LOS ANGELES, CA 90012, AI'TN: 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 America J1 AU'I'If z SIGNATURE THIS DOCUMENT CONSISTS OF 2 PAGE(S). CHERYL. JEFFERSOIN Bank ofAmerica, N,A. Tsa< Operations C.A9- 'O5.O7.11£ 1000 AV.I LnJ SI.. IAN Anoeln, CA tone- Isl.:n ORIGINAL 1 ORIGINAL DATE OF PROFFERS: October 3, 2006 PROPOSED PROFFER STATEMENT REZONING: RZ. /i -0la Rural Areas (RA) and MIT-1 (Mobile Home Community) to Light Industrial (M1) PROPERTY: 75.38 acres Tax lvfap Parcels 54 -A -89 (portion), 54 -A -91 (portion) [the "Property"j 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 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, \Valter 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 fI to his surviving widow, Dellitt Elizabeth Lockhart. Dellitt Elizabeth Lockhart died, intestate, and by Affidavit recorded in Decd 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. 13rock, Donald Eugene Lockhart, Walter M. Lockhart, Robert S. Lockhart and Linda L. Wilson. Donald Eugene Lockhart died after Delitt 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 (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. 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. 2 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 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 (2) years from the date the aforesaid letter of credit or other instrument is provided to the County. 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. 79 Stormwater management pond facilities shall be lined with an impervious surface to avoid groundwater itnpacts. 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 -9213 within 120 days of rezoning approval. 3.2 The project entrance will be located on l3rooke Road 3.3 The Applicant shall construct a northbound right turn Zane 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'n-IE FOLLOWING PAGES 2 of 5 Seefried Property Proffer Statement Respectfully submitted, tic�,v William J. L ockhart, Jr Q 2Yi4c t i3 rdt Tamara Lockhart STATE OF VIRGINIA, AT LARGE FREDERICK COUNTY, To -wit: The foregoing instrument was acknowledged before me this day of :Der n n-i o or 2006, by William J. Lockhart, Jr. My commissio expireb 4L i9 t s-t 3i, e 0 0 Notary Public J Dre STATE OF VIRGINIA, AT LARGE FREDERICK COUNTY, To -wit: The foregoing instrument was acknowledged before me this /3 14- da y of )1er a m t.o., 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 exit 4uq us4 3 I job Notary Public 7.(a t as 3of5 Seefried Property L ZJ- Walter M. Lockhart Ws: 4S Robert S. Lockhart Linda L. Wilson Proffer Statement Arcadia Mobile Park, Inc. By: Date: 4 1 ediedi STATE OF VIRGINIA, AT LARGE FREDERICK COUNTY, To -wit: The foregoing instrument was acknowledged before me this 2006, by William]. Lockhart, Jr. My commission expires n /au Q f 3I 2 DD G Notary Public 4of5 Seefried Property 3 day of Proffer .Statement Seefried Properties, I. By: 'v"1 J g�.'diMN) Date: 11- 7 CU rat i0. S1:1TG or 1, A'[ LARGE iCKCOUNI'Y, To -wit: Cabb Cal) The foregoing instrument was acknowledged before me this 2006. by KOV1(r4 S 1241 My commission c Ji A t Notary Public J KG(I D.Vasf1 5 of 5 2// 9.00-7 /3K. dav of Pelmhrr 00 01 1 11 11 1 11 /1/ 1 1/2 EXPIRES GEORGIA AUG. ze. zee? ss 4 131- 1C tiii,„1(111‘11 Seefried Property l it SEEFRIED PROPERTY ZONING BOUNDARY FREDERICK COUNTY, V /RG //J /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 frederick.va. us www.co.frederick.va.us 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 r Edinburg Residency Land Development 14031 Old Valley Pike Edinburg, VA 22824 (540) 984-5611 (540) 984 -5607 (fax) 1 2/6/2006 HALL, MONAHAN, ENGLE, MAHAN MITCHELL A PARTNERSHIP OF PROFESSIONAL CORPORATIONS ATTORNEYS AT LAW WILBUR C. HALL (1892 -1972) s EAST eoscnw EN STREET 7 S 307 EAST MARKET STREET THOMAS V. MONAHAN (1924 -1999) WINCHESTER. VIRGINIA LEESBURG. VIRGINIA SAMUEL D. ENGLE TELEPHONE 703- 777 -1050 TELEPHONE 540-662 -3200 O. LELAND MAHAN FAX 549-662.4304 ROBERT T. MITCHELL, JR. E -MAIL lawyers @hallmonahan.com JAMES A. KLENKAR STEVEN F. JACKSON November 27, 2006 6 DENNIS J. MCLOUGHLIN, JR. 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: R 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 1 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 S. MITCHELL 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 T ight 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, 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 perrnit. 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 SIGNATURES APPEAR ON THE FOLLOWING PAGES 2of5 Seefried Property 2. Site Site De� ment 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 impery ious surface to avoid groundwater impacts. 2.3 The Applicant shall construct the future access r ad dt o of rgnetDepartment of minimum Transportation standards with a P a 2.4 future accessh oade k Said e streett trees shall be plot 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 n ortation 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 in the amount of $400 000 for the County's use for roadway oadway improvements. County o 3 A direct connection between the Property and Fort Collier Road shall be prohibited. 3.3 The thbo northbound right turn located on oke atdtheeproj construct project entrancepriorto occupancy of the first building. Proffer Statement Respectfully submitted, William J. Lockhart et als e By: Date: STATE OF VIRGINIA, AT LARGE FREDERICK COUNTY, To -wit: The foregoing instrument was acknowledged before me this day of :re 2006, by 1,J i h I Lh m cich J My c ommission en ire Notary Public ,3/ co C., 3 of 5 Seefried Property Proffer Statement Arcadia Mobile Park, LLC By: Date: STATE OF VIRGINIA, AT LARGE FREDERICK COUNTY To wit: .]mot, of )PCL✓It The foregoing instrument was acknowledged before 2006, by A J c asc My commission expires Notary Public 4 of 5 Z 5L 1 '7 Seefried Property Proffer Statement Seefried Properties, I 13y: Date: See fried Property 6 51A111 OF VIRQ °'L1, AT LARGE T E h COUNTY, To -wait: eAbb �1 day of _211.144- The foregoing instrument was acknowledged before me this 2006, by My commis Notary Public 5 015 1,11111t 11 rnlrrror Department of Planning Development, County of Frederick, Virginia, 107 North Kent Street, Winchester, Virginia 22601 Phone 540 -665 -5651 Facsimile 540465 -639 Know All Men By Those Present: That 1 (We) ('Phone) 703 354 699 (Name) See fried Pmenics. 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 deed recorded in the Clerk's Office of the Circuit Court of the County of Frederick. Virginia, by Deed Book 350 on Page 489. and is de- scribed as Tax Map Parcel 54 -A -91 Subdivision: do hereby make. constitute and appoint: (Name) Patton Harris Rust Associates IPhone) 540.667 1119 (Address) 117 E. Piccadilly Street. Suite 200. Winchester. Viroinia 22601 ower To act as my true and authority 1 (we) would have if acting personally to file planning applications cat place, ns for my (our) a Property, including R 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 die day it is signed. or until it is otherwise rescinded or If- I (we) ta' modified. day of P M.OU In witness ther hereto set my (our) hand and seal this Signature(s) V ��1 tl, y� S TO-wit N`� b S State of 1 .1 t Gl- City /County of IP if I 1 a Notary Public in and for the jurisdiction I, aforesaid, serti fy that the persons) who signed to the foregoing instrument perun ap d y of D for {�,(p.� 200 k. and has ackr� vledged the same hefore me in the r p �Uwtfklih�inn,afnresaid this bf; Commission Expires: 20 7,/ 4- 1 Special Limited Power of Attorney County of Frederick, Virginia Frederick Planning Web Site: www.co.frederick.va.us Notary Publi ;of, /i /((,'wet vj i"" Signaturels) State of City /County of 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 665634 Know All Men By Those Present That 1 (We) (Name) Scull Pro.crtics.Inc (Phone) 70 ;.354.7699 (Address) 5350 Shawnee Road. Suite 350 Alexandria. VA 22312 the owners) 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, Virnin a, by Decd Book 93-1 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. Piccadill 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 expi modified. in witness the e one year from the day it is signed. or until it is otherwise rescinded or L hereto set my (our) hand and seal this JIL day of Dlr1 200 it Lk 1 1 1 I Q ,a Notary Public in and for the jurisdiction aforesaid. till that the person(s) who signed to the foregoing instrument personally ap day od(be�e i n c �C and has ackn ie_gcJ th same before me in Ihc, Wiadlicia9n aforesaid this -,5 Commission P.xnves: PHIS CORPORATE: Chantilly VIRGINIA OFFICES: Bridgewater Chantilly Charlottesville Fredericksburg Leesburg Newport News Virginio Beach Winchester Woodbridge LAsovm ORIES'. Chantilly Fredericksburg MARTLANO OFFICES: Baltimore Columbia Frederick Germantown Hollywood PENNSTNANIA 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. 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 h art, which allow Mr. Lockhart to documents ign on behalf of his g siblings in William J Lockhart, Jr. J a. I am providing you related to Tax Map Parcel 54 -A -91 in Frederick County, Vrrguu p these documents in response to your comment letter dated November 27, 2006 regarding the Seefried Property rezoning a pplication. In particular, records I hope to address comment 6 of your letter, wherein you you o th e documents indicate multiple owners for the subject property. p e y satisfactory in response to you comment. Also, please note that a signature has not been provided by Mr. D na has Lockhart as he is. deceased. A signature from Es surviving 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 R. Sowers Enclosure CC: Candice Perkins •u ..vw Ie. Inn I+ ✓✓eo. oov dov 30 06 04:17p WILLIAIZ UTICART, JR Ltl :ar coos co:>_+ r^° "v vv. nay Ai'J' onv.L1_ eay 54o 66209 V P UtvwrEU POWEit OF ATTORNEY ESE TS: SQ�OW )SE tSY r .ty and WP 1. 534 by" rf;act �ksad.. r ut l uc and r`"�s" a�orQ�1� ana a tffi &Jo of pc>at=r 7 dcsaribed!I9 Z[xm` Xn.YY ed z fl si Paoccodt att cto�v°t? all h arttla `C I to rexsam* rb�= -Zan r tom l n -,�v ewtr cants as t oug'.� a Nonp-fasclada °w dap-mT°° {a-Cad cz "ai_Mtr =9CCb gpl s ll tawEUI ass do t said oc could do-s- I -Y M of aa:uaey by tram bacoot:Etas a p rtt pnearS- 5 r G2fr'i e {"20� STATE OF may ff }5� a t r y ;sr eyed* i ra4 ARDNd te r{ [tinn 2 m• s-yem8` _patµetrirt racc_Ted J�°d� 2006 bus P pcata dt'oce sae awl acmes_ NOTARY PUBCJC MFTZFCRAttr: --a }65wastM&fl a/5%0Ust H4654 My Commiaaion PI Januay 27, 2W7 STATE OF UTAH Dec DI EIS 10:3 a P a =HOW BY IMEESliPRESIThrit: te baverPaft-gamstitatookand wPfdanta• and bi- de make. CgOL"Mt r:PFa:Cab L21 Wat Sad anst4lactizczona& ear docIstoara$ and ar watt ralattve.ta 'oho tatba OsitosajmnseflY tateraset siasaletsd Loc.SPAOpercv asattninfrs SlroxianviatC wit all -Z-beart= LaZ;,...cgtasysopt_ o-eJ, 4?crit ZOo sdrosailS:aats, 'wee= sasitigictPlatuterasaleaSt real este as I raisbz iiogitfr s aa Lbaitor =rnitr told Cast& nil lawful acre ilantiay t said viltat Isesect this Iimittron sof Ascruelf :bet vat rrosissese dienby ants. 9a1owillitaezonmesigroa 2006_ t-hi=g Intfr•-= 04-4-1i4- airobei W-Tbrl fat to Saga most efor=atabzgranixi as Es the ftsiegolnIdstedettPa penatzdanenctcsamaasi adzooed;ilacd Oac zazatialrOi Sate ROO atl•al=fion 'Is— igegdAt2fare ,ni.r ,,c 1. rt 3tIA 14094 P. 2 YYILLIHIVI J. LlJ 11/24/2606 16:14 FAX S40 667 5176 Robert L" acmes III ®602 -3fl T OWIR OF ATTORNEY 36a0W7ALLMEN -0X-27, ENTS: tbatt McRR h .f —ate wmseniot and oppvmzd. e/ Tay Ohm= inert de mekg comci ±11eytTdmc 1 157 4 T7c G KI Rsa. m raw Arad 6.rELE .moae.-7. far _bar .Seer =cut prates and arcart Tia slap min elead..4r otter debvm, >a4 PsuoccsiaCfnLe sr-lariat tar 4r eala of ttu= =rain p.np a�- mar mnrt mmo all ro with P t xe sayl�mT asei) end oen.cyesca thamf, with M y aA meliarammRS,a=brarsL4 mldalieer_ar _saaclier-ejelticuchiirber sembseeerres and Things la relation- Te1becatraf oia =alienate seal ai6bx c scnctd'do irettng P' -'1 artdd rayeM ens eat all invi acv d by ,:,Tyria mtasareybi eircaeheseotirre T'^a Of Attorney •fedivc ternAalarb m disability afdae t> IVEENEITErEe and .realitia -,14/—Elz� -c.-�* -epos" :-?rn C 7' t (SEAL) e icer zckc'i r Aa�l•- PtaLl� h�r fix Ctc Star s� ivi..dicdm dtrtrail 6blae' tig--. dz_'- i t 1 k S t S F�}i ace iv t t sieaed else Fo c= of {v,A \)en b ?y 2906 ban p.scu.tdly elppvr¢LdBsctgESad sc Smote Arad jatiadieliso Given creI r ewyitS gy }]J f t M ix-K 7096. STATE OP d 66C1 ar '1.8VHMOO1 r VN ?TlM IL /V41 LUUD ID -IJ fAA JL4D130 WILLIAM J. LO KHPRT, JR LOC= POWER OF ATTORNEY KNOW Afi2:4 TMa L afittl ad I A... J LocK ,...n to-" dada ocher d 1xn'ful s'1� fat ma earl ea �mE_D� >acti'c 1:. ie.5!+?!v®m Thee dis-rif dud ceanym¢siy B° LCC and ha ama nE[ L s>EddrIn d• cc i pr nap :fa A- saa sad mines irdnlzd meaawts of add zaal and m do nil such uchec� and eDaSE alt l Sil aces ddam oc oon3S 0o "1i_ocr3:+8�a�i� red I �ceclry� �Y Simi by �E This UUmd im-Fdna- ASSOMa viatax ValestpaL y gs thstRanaudgesiipatase m araL3dx STATE of cTCYICO -13F f Sues mad 2066 bma Terr sfatcsairL A.Lnlunnc vunuoouut ..r Lr�tirnr NDTAAY Pone t ST t PB LL I P& ki� PHILLIPS- 2 CARMAtl ,t. 'fintfialional Bank ._.p, Runcenna, WV aunt 2 amy..Gmmws�'ati Ep4cakpM f 2, OmrYpiad A p.t and by. wad sad and we/ Ps? ser wlh ski tr uisms: es mitten ray said icy ntdx _te a for Sae Suds aaad m®o is —Se Bat-ev Arinw KNOW ALL MEN SY THESE-1" RESENTS.; That I; -RteFirr 5 /..vaig-bier ;bate mite, onoatirnted and appointed. and by. these Tanaanya snake. ceractta-mainPPatitit id c i ir ,,,i -3 utle true and Invert,/ arnanaeyrfor-warallle Mania. Plate-Sad-Stald. in Sign Sr* ana 7Si titteutu neeebrepaY ...I ,...1.i.i•.; artiec satenflbat prove:sty cboieraate as saa.daawdasti. 1 LOckiMpr &Warty Saadonbont and to suds all =curt tranonaassiZaticts andwoorcyancts tanwor, with all sowreancovanatztarta .astanadecaraadtoS-scil,-anknowtodigtoodgr=lianstacsamc; nx gap al-,a‘Ter and to do all suzahlaaa-actastostawl-rh,o-to ett-;:iii•,_oTalid =I ovate ns 1 tnigint or coold do f :.---llai lartzonany4. wad I hereby zstih• and confirtaalewful 1= dnv by orry said cnmrbyviflttbSCt Thistiorded POW= of 2 tomicorle a n din-1"W of the J„,... ---4c• virrylEsSibeikentrountaien=Eaio soll-tWuc---ilety-of 4 Q- C- e II l STATE OF CITTICOrEFE Ate twat: a i4tanty.Thahlic.-lamad_for-tlan Sudo end l ill )N--- kth-saLaka lagaliniiiilezCeteatinat 6 IL aAA- whose name is signed to the inaagoing_Lindhal Power of Attorrey_dae-±±da;ni e 2006 halt pdowensfiltolettellarca-altdacciaiter-iwatittetc and jurisdi colon aforosalL C --1 GI-istuarrte=tur Srlillifi-- Crnif 11‘)Er 2°Q6- 9A1 art L CORPORATE: Chantilly VIRGINIA OFNDES: Bridgewoler Chantilly Charlottesville Fredericksburg Leesburg Newport News Virginio Beach Winchester Woodbridge LABORATORIES: Chontilly Fredericksburg MARYLAND OFFICES: Baltimore Columbia Frederick Germantown Hollywood PENNSYLVANIA OFFICE: Allentown Suite 200 Winchester, VA 22601 Patton Harris Rust Associates Engineers. Surveyors. Plonners. Landscape Architects. 1 December 2006 Members of the Planning Commission Frederick County, Virginia RE: Seefried Industrial Rezoning Madam Chair Wilmot Gentlemen: subjec rezoning should receive your approval- There are 4 reasons why the Wednesday night. (1) The riming 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. F+nr y nllr in CPP♦- v-iPrl Properbjees, T wl. M s 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 building for use by numerous manufacturing and distribution related industries. Johnson is also the principal developer of the Holland Tndustrial Park in IH]a o£ 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. WEST VIRGINIA OFFICE: Mortinsbeig F 5 540.665.0 E65 0 493 J ohnson looked at a number of different sites before choosing Frederick County. 39 F 117 East Piccadilly SlreetAll of the wise planning decisions made over time by the EDC, Planning Commission and Board of Supervisors have made this possible. 5 2006 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, ddoA, Jr., 1' E c smTa'c CEM /kf Enclosure cc Steve Cloud, Seefded Properties, Inc- Copeland Rhea, Johnson Development Board of Supervisors Eric Lawrence Patrick Barker 12/12/2006 TUE 10:29 FAX LibiL IL 01) 0.5.00e1 VV ILLIMIVI J. Lt/L Jr( Know all men by these presents: Thar frt. 2"v vemade; onstinnedandsppainted and by these pcesencsdaznakke; and appoint Witham t= tacichart, Jr. my true and laWTu1 attorney; forme and in my- name; stead, to "sign any dccd'orothcr docameAtsantirsceive any pmcecdrofsal: reitaive to the safe orthat attached Sthedule to mnke altttceessarrnansfe s, assagnmen's, and tanveyancesthereof, v6th alt necessdzy Luv..nants, Warr9Rties, an dssuta ,Etea,-andto-sign,sal,aus>-' ar&sswredgt,- aad-8diver the same; ant lt➢ de att strcirotheratts, matters, and things in relation the sale Of said teal LSmtear F might- arsan}d- Y3o-if acting personally; inAncio- specificaily to apptf d proem, and to agree-to to-submit anyatdaitzrwaiffgpraffas fnrriaaaaid: piepertyandtttacby ratify and confirm all law fatacts-dooe by ray-said attorney by' virtue- tbseof_ -Thin Power of Atmrney-shalinottuakevn disa' STATE OF $rofoltowiag si 2005. POWER OF ATTORNEY J4U -1 lyy CITY/COUNTY O F ,i, WV& -11&- ,to-wit 1, 2C bl2( Y'4M. f a Notary Public in-and -for -the State aad}urisdietieaaforesaid, do hereby cernfy.3hat_ I& Per hose ame signedtothe Q _.£seagoing Pow- Attorney, dared K t of E rg lacipir 2-006 has Personally appeared before my-and aclwnwledged the <ar„r in my State.andj %sb4iz n Give m under y l� .this I t v 4ay, cif 2006. MEMCIALIMALMOT rail or WESTmoan Ridge We try Ementalen Expires May 19. ]019 1 002 /003 02 V` WAS c r TOTAL AREA 75.35 AC. w O SEEFRIED PROPERTY ZONING BOUNDARY FREDERICK COUNTY, /R6 /MA Patton, Harris, Rust Associates. 117 E. Picadilly St. Winchester, Virginia 22601 VOICE: (540) 667 -2139 FAX: (540) 665 -0493 Dec 12 06 01.39p WILLIAM J. LOCKHART_ JR 12.12/2006 10:08 FAS. 510 607 517 acoesc L. Juuea 11± 2006 My c'6rnmis siaa expires NOTPR V.PUHLIC MI La CRANE IS ''WenfMaln &all Omlin h 84654 C My n,laekn Express Aantieny27,2007 STATE OF UTAH TOWER Of ATTORNEY E40 -602 -1799 Know an me'ttythese presents: Chat liave made,,consh6ueedand appointed and by thesersents„_do_wak constitute and appoint.Wilfiarn 1. Lockhart, J.. as my true and lawful attoruey,-focnte and inny..nante- Elate°" and stead, to sign any dcetl ntlier,documettts_a¢d.receiveaay praeccds.afsale relative to the sale of tHSrerta in-property described on attached Schedlrhr: 1" and to make all necessauy_tiansfe sssignmeats, and_conveyastea thereof, with all necessary coweaants, wart ntiesi andassuranees, and to stag„ an:1 acknowled and d.elivet:the.same; andto do-disuch.othcr..acs, matters, and things in z to the saleofsaid.zeakestate as Linigbt-nr round d6 if acting personally, includiawspecifical y.taappiy for_rezcn a of the said property, and. to agree to and to- submit lay- andal- rezoni n_prnffers Mr the said property, ands bendy ratify nd confm all lawfu l acis done. by my said attorney by ;Arnie thereeL This Power oFAtmrneysha'd_Lot.termitiate on disability a f.the principal— WI NESSthe signahae_ar r seal this_haday of Pp err ,2006 STATE OF CITY/Cou LTYOF bti Vt to cult: Aa Yom'_ allotary Public in and for the State an. Jurisdietan aforesaid, do hereby certify tlaat Mregomg Power of Attorney, dated a day of 100,1 ?Mgt' 2006 has personally gipeared har my and acknowledged die samcurmy State and Jurisdiction aforesaid Giver; under my hand this daY crf p 2 1 L_X Mu-1 ZONE 27.24 AC. TOTAL AREA 75.38 AC. SEEFRIED PROPERTY ZONING BOUNDARY FREDERICK COUNTY, V /RC /N /A Patton, Harris, Rust Associates 117 E. Picadilly St. Winchester, Virginia 22601 VOICE: (540) 667 -2139 FAX: (540) 665 -0493 Dec 12 06 02:46p WILLIAM J. LOCKHART, JR 540 -662 -1799 POWER OF ATTORNEY Know all men by these presents: That i RQL«r s.LcealietCre made; constitute and appointed -and by these presents, do make, constitute and appointWiiiiezn- hInekhart, as- mytrue and !awful attorney, fir me and in my name, place.and_slead, to -sign any deed or other documents and receive any proceeds ofseieveidtive to the sale Of-diat certain property-described on attached Schedolc"C mid to make ail necessary transfers, assisn neats, and conveyances the oo vnth all necessary covenants, warranties;- azrctasstuances, and to sign, sear, aniz acknowledge;-and deliver the saime;and -to do all such other acts, matters, and things in ..latiou to the sale of said rear- estate -as I might or could-dial-fatting personally, including specifically to apply forrezoning of the said-property, and- to-agree to and to submit-ally arid-all xezonipg proffers for the said propeny,andI hereby ratify and duuc by ..q a tw,ucy by virtue thereof. ThfsPvwca of Attorney shall disability ofhe principal. WITNESS the following signature and this 12'day of STATE to-wit: T t L- 0%J- ate �tarY Public in and for the State and jurisdiction aforesaid, do hereby cetzify. that %'c 4- `1 t sJ .r.a» whesdname issigned to the foregoing Power. of Attorney, dated 13 day of 2006- 5aspeisomll y: appeared before .my_and:acknowledged.thesame in my State arld Aforesaid Given under my hand this 57 day of 2006 My-commission Notary Public p.1 W. Vit c r TOTAL AREA 75.38 AC. SEEFRIED PROPERTY ZONING BOUNDARY FREDERICK COUNTY, ✓/RC /MA Patton, Harris, Rust Associates 117 E. Picadilly St. Winchester, Virginia 22601 VOICE: (540) 667 -2139 FAX: (540) 665 -0493 i On 2 OF A� 7-"N• g best ;ittcci. s by lea i> w 0 t'cl�}irm k c. terik Jr.. as faY'ucats lw4ii. Y+ dscrsa mrrd intyfl!; &6 aatilt aanv deminr' 4 4av a. t 5* s fri a tlia pa}r $iu9 S d a &rbad ti A 0001 t6mim*ea .zif tf6fii rn'&0 44Di a:t ®ei� cdQ ��tP• niOlat.eat00454 CALtt ta C y the e: irS t 40-44. lr sdl i acs+ =hart eud ,r ate .Y>t"i s' v(t.J 124 a grt aad 10-atAgk Sgtailitiacktit etz' mc3 a!i lX$ASf1 tik the na aOli xcb ataafitr.: iailkir m t my att t, lrby r I P o! c ofAfaa rtery l as termimre SF4''3OF 1 L &k,vl.yiti G'T 'llic YOF,tt k* i lC t Llyi bf. Jet L KL tvv?P eittrayiNkilit itepittlie 1 Gig "l whist smell a d** tS gaintfi iarrof XlmmPy, did 3CJd�t petranZy t'eart�i tray ath 7rdtS 'ximrffi mpg StS• end is xraaiea ain&nd CriVerttLiOrr Jay haucbtats clay td a r Dec 12 2006 8:42PM SIJ h:J.2p5Q I0:4a- ^AL.R;C /711 Brock Cabinet Inc. _04&ort: t- .ii>ue6 9104297625 Stei p.2 FX MH--1 ZONE 27.24 AC. EX RA ZONE 48.14 AC. TOTAL AREA 75.38 AC. TI a 0 SEEFRIED PROPERTY ZONING BOUNDARY FREDERICK COUNTY, VIRGIN /A Patton, Harris, Rust Associates 117 E. Picadilly St. Winchester, Virginia 22601 VOICE: (540) 667 -2139 FAX: (540) 665 -0493 12/12/2006 23:20 FAX 9104810585 CANNON STATE Of. _Kkt4 CC POWER OF ATTORNEY Know all men by these presents: That 1 71770 have nude, constituted mid appointed .astllytheso- prcacuts, do make,.canstiturand_appuvd Wiliimn*_ Inckhart, it sat ray tote and lawful.: atmmeyj ormc and in my inc. ay plate and stead, to amytkal or other dot reeeiveany proceeds of-sale relative to cbrauleofthat catsizteropettyciescribed on anaehed Schedule`C and to make-allaecassary transfers, asaigtmea -and cooveyances-Ihercot\with all necessary cavmanss, rra^t+cc,-aodasawaners, and to sign- seatoaad _acknowledge,mddelivert:same;and to doall su h otha aas,.matten, and things in relation to the sale of said real Sane as f might or co 14 doff acting personally, including spcciScaRY to.apply for rezoning ofii'id said andto agme to and to submit any anidal17ezonieg proft;etsforthe "aai ty property, wti hereby rati2y lam ffmn all lawful acadonr attorney-by-virtue principal. f T1nSPOwarof Attorney Man not ua.uuw �n On e WITNESS the follovritig-sigrwnae and icat this -t day of 'C t 1 L ;2006. (Seal) CITY/COUNTY ry be r ter i t- rtiff-01, etr a Notary Public in and for the ____Stnte and tmisdi aformaidFda erebecarify tt K kr4 is sigpad to the brawling Pear Of Attorney, dated 1; -day of C It 24126.haapessonatly appeared beformyeamitnowledged the same in my State and#arisdicaon aforesaid airo:under my hand tins /3_ :day of t Ci !).1 t f� 2006: a l r my_commissioa t>'r G 1 d i. t to -wit: Notary Public .,y .v. ft /001 EX RA ZONE 48.14 AC. y 9� 4 g s y 4� tT t O 4 y 0 EX MH -1 ZONE 27.24 AC. V (i t AA l7 4° A• TOTAL AREA 75.38 AC. rA t 0 Q. SEEFRIED PROPERTY ZONING BOUNDARY FREDERICK COUN7Y, VIRGINIA Patton, Harris, Rust Associates 117 E.Picadilly St. Winchester, Virginia 22601 VOICE: (540) 667 -2139 FAX: (540) 665 -0493 to 04/ 00:53 .Y �Ie1 ��y NmM�F�C YO.M Volume .,;.'a.i 0 UROLIWtDE NEAMIANDtWµAN 111044N CE3 S6 ID�.C99 STATE C EN!£RtOA'NFAL'TN51A 1(3 ILS N, VITAL RECORDS a CERTIFICATE OF DEATH OII Idc I Na. I Nn 9104841487 4 Page This is 10 eertity Lial thin in true 028— I080S Wilae56IPy jpk a+xd VffiLisL thi the ch 7 S Mala(an 1 (I(1!\f IN( 1J 21(61 YY Vera 1M if any dl.m.i,,a ..r a,c.v• •.ri.b IE...,.r,1r na. 33 •reel feproda nP"rrrr;!� \Tnnvnn STATE OF NORTH CAROLINA CUMBERLAND COUNTY OFFICE OF REGFSTER OF DEEDS vnL nr obstiaci or du; off record filed in this office. J. Lee Warren, Jr. Rcpisicr of Deeds Cumberland County ..-0,a, Vlrnl Il ,oertl[ nxtf.t'r c,Mr -..4 R•n cornet 4 .1.._ w ww.. Z ,.......w.....a'dr.L' nti z47Pa 431 PAGE 01 LE .5 r mf -'1 OELEL01TS IW4€ (F.. -JAMI Moak' 228146-6395 MYfD L.$ r" Lockhart" t. SEA 1 Male OAP! Or DEATH (Now w n .T 3 A •ell 12 2006 yN Cadarvil VA s YQq[FE I Dr....w Cvuo....wn. 0Dlks 0 oa. Yes y ..n. rot M. 1033 Screech Owl Dnee is Ma ied d�waua a, Marrie ,,...'et Y a HOPE/tat-5 n Tamara 7 01NER', 0 N.n W gun. y •r ISpoor) CtiNIR BLAND 94nuat 5 nun .in -North Carolina ntMDERLAND_ u. 4051 Witham-001 Luther Drive J ....r WI r e rid No" wrowR01 (Sl fl M 15 1 1 P- 10 Ono iI}ei•■ i r 'f YM !r, W illiam James. Lockhart r,-,: w—... i.i. Tamar.k toe-khan III newt "..-4051 William -13i{I LUIS 1 n M Delliml Elizabeth Jenkins v wry `.M1 they, Hope M llyiNerrth Camlma v,l••c a• PAR( L Insanan, wn• sWaa.a* wdm 4.See.••■••4 u•• vr.. r... a o-r. ,•r•w:'w.vr.. Pint a met- rYY@PAT! [AERIE 1 Ir TR;,um- 1 sc. LccasL. ctbt7 Gi'tl Al 41.4'0 PID rD(QP MA �L 8.:er vrt L =YT VQ,N EQVENCE OO .t ST S J S f Sonom.MUI drew. 'e; t S'i'd El E -64 1 Maerotw•.B ACONSEOUF,CEO7.— ww.Er.N u.L A- A-'i3/£ cdL.Ifi)S ••wE TO law MACaNxo4ExcE O<k: Ie.. i P•5 OR.N •1lr••∎• men" Ar,4EMI .u .n l ✓ua n. No •AT.. ak REPO TEO TO, NIl NiNE'ME• s..44.Y^a ro tin/t3.41monsid.oktila ..esdwusr.s. A a'r^ Jr. .:r au •a:a MOCERn FWD l Au fpCAl EAAMIW(l OxA.EpCAI$ 1MEa'a 4 R' JYII:• TI, a r as d l.Nr...1..m..kmkal o thy r SA.N. n ..1 Y14. r•l E LERTIEILAtE OF DeA D€ATN. ANT MA M A0.,nOIN7O "y.., •...n.:. •...'4... w. IT Y .r N IVES CaT A,ES THES E CATEOO A PCI) "1c1E }t+fuL is i» d d erg r.. RI C.N.4.adD n AEli IIIj -44C-28901 aaE nrE ra¢ RECOnDI •,dy;'. 7 rE, n.. 2496 to 04/ 00:53 .Y �Ie1 ��y NmM�F�C YO.M Volume .,;.'a.i 0 UROLIWtDE NEAMIANDtWµAN 111044N CE3 S6 ID�.C99 STATE C EN!£RtOA'NFAL'TN51A 1(3 ILS N, VITAL RECORDS a CERTIFICATE OF DEATH OII Idc I Na. I Nn 9104841487 4 Page This is 10 eertity Lial thin in true 028— I080S Wilae56IPy jpk a+xd VffiLisL thi the ch 7 S Mala(an 1 (I(1!\f IN( 1J 21(61 YY Vera 1M if any dl.m.i,,a ..r a,c.v• •.ri.b IE...,.r,1r na. 33 •reel feproda nP"rrrr;!� \Tnnvnn STATE OF NORTH CAROLINA CUMBERLAND COUNTY OFFICE OF REGFSTER OF DEEDS vnL nr obstiaci or du; off record filed in this office. J. Lee Warren, Jr. Rcpisicr of Deeds Cumberland County ..-0,a, Vlrnl Il ,oertl[ nxtf.t'r c,Mr -..4 R•n cornet 4 .1.._ w ww.. Z ,.......w.....a'dr.L' nti z47Pa 431 PAGE 01 LE .5 r mf -'1 04/22/2006 00:53 9104841487 LAST WILL AND TESTAMENT OF DONALD EUGENE LOCKH -ART 1, Donald Eugene Lockhart, of Hope Mills, NC, revoke my former Wills and Codicils and declare this to be my Last Will and Testament. ARTICLE I PAYMENT OF DEBTS AND EXPENSES A. I direct that my just debts, funeral expenses and expenses of last illness be first paid from ARTICLE, II DISPOSITION OF PROPERTY JOY BALLARD PAGE 02 my estate. A. Residuary. I direct that residuary estate be- drstributed my spouse, Tamara Tippets Lockhart. if my spouse does not survive nw, my residuary estate Tall -be- distributed to nry- zdn7d(rdn) in-equal shares- If a child Or-mine does not survive- mersaetr= deceased child's hare shall be distributed in equal s to the children of suchAeceased child who survive :ule; of representation If a chitd- trine does of survive me and has ne who sunhat m v =such- deceased chifd's =share- shalt be distributed in equal shares to my other child(ren), if any, or to their respective children by -righf of-representation. -31=wo cfiitd -oT mine survives me, and ii of my diZeamd- r.fiiFdrerr) "are survived "by- chifd(ren), my residuary estate shall distributed to The Church of Jesus Chnst of Latter day Saints. PerpeWat..Education fiand,_Satt_Lake-atyllaT. 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. ARTICLE 111 NOMINATION OF EXECUTOR A. I nominate Standfoed Eugene Lockhart, -of Provo,- heir grid Ji11 Lockhad -tea, oT Okatoks, Alberta, Canada, as Co- Executors. withourbon& tf: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 authority granted by law or necessary or appropriate for proper administration, shall have the right =and power to leasa or otherwise vnbmnber any real or personal property that may be included in my estate, without order of coup and without notice to anyone. 04/22/2006 00:53 9104841487 L ARTICE V MISCELLANEOUS PROVISIONS_ A. Paragraph Titles and Gender. The titles given Ito tlie.paragraphs of this Will are inserted for reference _purposes- only andra a mot considered as-forming -e part of Will in interpretiiirits provisions. All words inert in this_WiW -irr any gender shall exmod t -.and= include all genders and numbers when the context d -o facts -so- require, and taken. pronouns' shall be take.to :refer -to—The person or person intended regardless of gender or number. B. :Thirty Day Survival Requirement. For tht- purposes- uf the appropriate distributions under this Witt, no person-nor rorganization shall be dcenred'1 =have survived me, unless such person or entity is also surviving on the thirtieth day after the date of my death. C. Spouse.' l am- married-try -Tamara Tippets Lockhart and all references, in this Will to "my spouse" are references to Tamara Tippets Lockhart. D. Children. The names of my children are Stanford Eugene Lockhart Jill Lockhart Rea Mark Tippets Lockhart Jeanette Lockhart-Hales Joy Lockhart Ballard Matthew Don Lockhart All references in this 'Will •to "my child" or= rny-children include the above child tor 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 day of oe Igc7op4 h -�'�i^ -X Donald Eugene i,oc' ari We, the undersigned, hereby certify that the above instrument, which consists of pages, including the page(sJ which' contain tht witness signatures, was signed in our sight and presence by Donald Eugene Lockhart (the "Testator who declared this insfrument to be his/her Last Will and Testament and we, at the Testators request the Testators sight and presence, and in the sight and Presence of each other, do _2_ JOY BALLARD PAGE 03 4 04/22/2006 00:53 9104841487 JOY BALLARD hereby subscribe our names and addresses as witnesses on the date shown above. Witness Signature: .N- W, Y �1 �l Witness-Name:- .q 4LAC RAC j� r1 Cl Witness Address- 1 3 R`C: r 'r .1/ RQ�! SIC I D da tffe 1e; IOC ,1 36 Witness Signature: Witness-Name: Witpess- .Address: Witness Signature. 1 J 724.d 11Q Wiipess- Name: N-t T. c P i Wit, a s..Address: re— et. o Lc) n. S.-- 11119 Fr) [GPI' I -r i RA t it wt 2,<73t1-1- PAGE 04 04/22/2006 00:53 9104841487 JOY BALLARD _.STAT -E -OF- COUNTY OF .:Before me, the undersigned;- on=-this day personally appeared Donald Eugene Lockhart, and Iinsiwrtt to me to lye the Testator and the witnesses, respectively, whose_names_ -signed -to the foregoing- instrument. All of these persons were first duty sworn by rime.. Donald lugcne_Lockhart, the Testator. declared- to- me- andCto the witnesses, in my presence, that the toregoing_instrument is the Testator's Will and that the- Testatorsuiliingly signed and executed such instrument expressly directed another _persoty to. sign _the_instnrment lor_du.- Testator in the Testator's presence) in the presence of the witnesses, as the Testator's free and voluntary actfoe.the purposes expressed in the instrument, Ea the witnesses deefated in the. presence and... hearing- .of.tht. Testator that the foregoing instrument was executed and acknowledged .by the Testator as the Testator's Will in their presence and that they. in the Testatiirs hearing and sight and at the Testator's request, and in the presence of each other, did subscribe their names to the instrument as anesting witnesses on the date of The instrument The Testator, at the time of the execution- of-such instrument was of forage, of sounifin Ind; and the witnesses were sixteen years of -age' or older and otherwise competent -to =be witnesses.- €iY lti�l Donald Eu ene Iockhart, Testator AFFIDAVIT 5S' J CLLL L Ta Witness Witness PAGE 05 Subscribed, sworn to and aeknowkdged= beforcme =by Donald Eugene- Lockhart, tfie= Testator; and subscribed and sworn before me by Yf-Ant y i fll are and L2 tin f -c_ t- ttyCt�,,r,.+ J ¢;Tkt --ate witneSS2S, this day of Notary-Public—or other ftfcer authoti et taAe and certify acknowledgemen and adnsinister -oaths ri P gk&A1t I &Si +=x P t >e ES '7 oe,Ta°ek Dog AMENDMENT Action: PLANNING COMMISSION: December 6, 2006 Recommended Approval BOARD OF SUPERVISORS: December 13, 2006 El 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 MHl (Mobile Home Community) District to MI (Light Industrial) District and 48.14 acres from RA (Rural Areas) District to M I, 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 Home 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 Home Community) District to MI (Light Industrial) District and 48.14 acres from RA (Rural Areas) District to MI, totaling 75.38 acres, with proffers, subject to the attached conditions voluntarily proffered in writing by the applicant and the property owner. Richard C. Shickle, Chairman Gary Dove Gene E. Fisher Philip A. Lemieux PDRes. #40 -06 This ordinance shall be in effect on the date of adoption. Passed this 13th day of December, 2006 by the following recorded vote: Aye Aye Aye Aye Barbara E. Van Osten Bill M. Ewing Charles S. DeHaven, Jr. A COPY ATTEST Aye Aye Aye Joh ''iley, Jr. Frederick County Administrator REZONING: 1. Monetary Contribution PROPOSED PROFFER STATEMENT RZ. -O6 Rural Areas (RA) and 1v1H -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, 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. 1.1 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. 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 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 t\ 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 2 of 5 Proffer Statement Respectfully submitted, William J Lockhart et als 71-114114-44- J C% JC Date: By: STATE OF VIRGINIA, AT LARGE FREDERICK COUNTY, To -wit: The foregoing instrument was acknowledged before me this Y day of 1* 19 ,24 2006 by in T LOC. lc-kart Sr My commission x ire di s f 3/ ZOO C., Notary Public 3 of 5 Seefried Property Proffer Statement Arcadia Mobile Park, LLC By: SW II.zaz,. Date: la- SPATE OF VIRGINIA, AT LARGE: FREDERICK COUNTY, To -wit: The foregoing instrument was acknowledged before me this day of )eCarti be 2006,by Lai IiAevi Sthe +dc —Tea My commission expires Notary Public ijOa cJ 3/ 200 4 of 5 Seefried Property Proffer Sunement Sec(ried Property Seefried Properties, Inc. Date: Nir commis Notary Public Pt e a'n.b i ?.001 6Corgi 0. S1ArGOrl'IltO flA,ATLARGE IREDERICIC. COUNTY, To -wit: CAbb T he foregoing ins was acknowledged before me this �dae of D�(�( ev 2006 by ili) WXl 5. &K a C(Jl 5of5 Know All Men By Those Present: That I (We) (Name) Seefricd Properties Inc (Phone) 703.354.2699 (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 deed recorded in the Clerk's Office of the Circuit Court of the County of Frederick. Virginia, by Decd Book 350 on Page 481 and is described as 'Pax Map Parcel 54 -A -91 Subdivision: do hereby make, constitute and appoint: (Name) Patton Harris Rust Associates (Phone) 540.667.2139 (Address) 117 F. 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 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. /4 tic In witness thereof. 1 (we) pa h• hereto set my (our) hand :md seal this Signature(s) State of f City /County of 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 X Rezoning (including proffers) Conditional Use Permits Master Development Plan (Preliminary and Final) Subdivision Site Plan t/ 1. 2 J &S tJ .a Notary Public in and for the jurisdiction aforesaid. crtify that the person(s) who signed to the foregoing instrument personally appeared before the and has ackl ledged the same before me in ihe llitoo., ore aid this L(a- day of DedAbe2 k F c ARP" "S6 Commission Expires: 26', 7tn 0.2- Iocs /1 GV o 7 AUG 2t. /4/II Iilov cp b6 tlav of2003Q .To -wit: .oht44 $.eadG.tc Know All Men By Those Present: That I (Wei (Name) Seefried Properties, Inc Stale of b<or a City /County of eab Notary Publi 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 (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 deed recorded in the Clerks 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: (Phone) 703.3542699 (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 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 snake 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 rtof(. we I vv hereto hereto set my (our) hand and seal this (e day o(n(`(/y� 2(N) Signamre(s) td LA.) fo -wic FA- S. ea --usi t 1 rti l D. Vase) .8 Notary Public in and for the jurisdiction aforesaid. edify that the person(s) who signed to the foregoing instrument pers malty appeared before me nd•has ackn I le th sane hefore me in 1 he� is pi aforesaid this day nf(� d00 te A LL D. I:' "o L y Q/- 1.. L „0 -A r OI y C omm i ss i on E xp i res: K(4az I t tP 260-a' EXPIRES GEORGIA P H IM CORPORATE: Chantilly VIRGINIA OFFICES: Bridgewater Chantilly Charlottesville Fredericksburg Leesburg Newport News Virginia Beach Winchester Woodbridge LABORATORIES: Chantilly Fredericksburg MARY.AND OFFICES: Baltimore Columbia Frederick Germantown Hollywood PENNSYLVANIA OFFICE: Allentown WEST VIRGINIA OFFICE: Martinsburg T 540.667.2139 540.665.0493 117 East Piccadilly Street Suite 200 Winchester, VA 22601 Patton Harris kt Associates Engireers. Surveyors. Planners. Landscape Architects. December 13, 2006 HAND DELIVERED Mr. Robert T. Mitchell, Jr. P.O. Box 848 Winchester, VA 22604 Dear Mr. Mitchell: RE: Seefried Rezoning Application Proffer Amendments DEC 1 3 2006 L 1 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 s Patrick R. Sowers Enclosure CC: Candice Perkins WILBUR C. HALL (1892 -1972) THOMAS V. MONAHAN (1924 SAMUEL D. ENGLE O. LELAND MAHAN ROBERT T. MITCHELL, JR. JAMES A. KLENKAR STEVEN F. JACKSON DENNIS J. MCLOUGHLIN, JR. VIA FAX 665 -6395 AND U.S. MAIL HALL, MONAHAN, ENGLE, MAHAN MITCHELL A PARTNERSHIP OF PROFESSIONAL CORPORATIONS 7 3 307 EAST MARKET STREET LEESBURG, VIRGINIA TELEPHONE 703-777-i 050 ATTORNEYS AT LAW December 13, 2006 Candice E. Perkins Planner II 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: 0 EAST BOSCAWEN STREET WINCHESTER, VIRGINIA TELEPHONE 540662 -3200 FAX 540.662.4304 E IaRye,S @h3IIm0f3han.CPfl 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 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. 1 have now received a Revised Proposed Proffer Statement dated December 12, 2006. Therefore, 1 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." 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. 1 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 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, 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, 1 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 1 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 continents, please contact Ve truly yours, Robert T. Mitchell, Know all men by these presents: POWER OF ATTORNEY Exhibit A 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. STATE OF CITY /COUNTY OF 2006. My commission expires (Seal) 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 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 11 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 OWNER: APPLICANT: PROJIECT NAIvE: ORIGINAL DATE OF PROFFERS: PROPOSED PROFFER STATEMENT RZ. Rural Areas (RA) and MI -I -1 (Mobile Home Co i munity) to Light Industrial (M1) 75.3E acres 1/ Tax Map Parcels 54 A 89 (portion), 54 A 91 (p )rdon) [rhe "Property "J William J. Lockhart et als (54 A 89) de .Arcadia Mobile Park, Inc. (54 -A -91) Seefried Properties, Inc. Seefried Property October 3, 2006 1 of 5 REVISION DATE(S): 11/8/06; 11/9/06: 11/311/06: 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 certain Deed from William J. Lockhart and Deihl Lockhart, as grantors, and Arcadia MoE ilc Park, Inc., na grantee, dated February 6, 1979, and recordecl in Deed Book 350, Page 481 of the Frederick County, VA records. 'X'illiam J. Lockhart, Jr'., Juan L. DLULL, Donald Eugene Lockhart, Walter M. Lockhart, Robert 5. Iockhart and Linda L. Wilson are the fee simple owners of Parcel 54 A 89. William J. Lockhart, Sr. obtained tide to the property by virtue of that certain Deed from E. B. Clevenger, et :l, dated January 23, 1948, and recorded January 27, 1948 in Deed Book 204, Page 3, Frederick County, reenrds. 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, 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 Book 113, Page 94, her only heirs at law were established as William J. Lockh trt, Jr., Joan R Brock, Donald Eugene Lockhart, Walter M. i.nrk-hart, Robert S. Lockhart and Linda L. WiLmr. The undersigned hereby proffers that the use and development of the ae. de.eribed above, shall be in ctnct conformance with the following concfitiot referenced M1 conditional rezoning is not granted as applied for by the proffers shall be deemed withdrawn and shall be null and void. Further, rhes. Final rezoning of the Property with "Final rezoning" defined as than rezoning following rhe last clay upon which the 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 plots until such contest is re.sc include the day following entry of a anal court order affirming rhe decision of appealed, or, if appealed. the day following which the decision has been Iirrn rhe proffers set firth below have been prepared for convenience or refcrenc a Hcet the reaming or be taken as an interpretation of :my provision of the pro: re (:retie ed herein rhadl include within ifs mcani2Lr all ruin:: owners and success E6470- 999 -0fS 213JS2H3WIf9 tddHd subject property (“Property"), s. In the event t.har die above applicant "Applicant"), these proffers are contingent upon which Is in effect un the day rvuors (the "Board decision decision is contested, and the Jived, the term rezoning shall the Board which has not been •d nn appeal. 'll tr hraclingc or only and shall not control or Fors. be rorm "Applicant" as -,rs in in tcrr :.i. d6E :Eo 90 2T oe E•d Proffer Statement .See /i Property 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 cunt_ -ibute to the County of I rcderick th< cum of $3,000.00 for Sheri office purposes upon issuance of the first building permit. 1.3 The Applicant shall contribute to the County of Frederick th sum of $2000.00 for general government purposes upon issuance of the first building permit. Site Development 2.1 Development of the Property shall not exceed 1,000.000 sipare feet of gross floor arca. Furthermore, office use on the site shall only be permitted as n accessory ro industrial uses. 2.2 Storrnwarer management pond f:teiliues shall be lined with an impervcuv surface ro ovoid groundwater impacts. .2.3 'file Applicant shall construct the furure access road to Virginia Dcparunent of Transportation standards with a minimum pavement width of 26 feet. 2.4 Strccr trees shall be located a maximums of 50 feet apart along both sides of the Furarc access road. .Said street trees shall be planted prior to occupancy of e ny building on site 2.5 A gcotechnical analysis shall be prepared and subnutted :o Frederick County for any structures prior to sire plan approval. Transport4tipn 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 f_rst, the Applicant shall boni3 for off site road improvements in the aggregate amount of $400 000. This finding is available for Frederick County to utilize for Local roadway improicmcnts at the County's sole discretion. If after Iwo years of posting the bond this funding has nor been requested then the bond shall cease and a cash payment made to Freder County in the amount of $400,000 for the County's use for roadway improvements. 3.2 A direct connection betw the Property and Fort Coll er Road r.hall be prohibited. Furthermore, the Applicant shall vacate the existing access ca: cmcnr located on nce property identified as Tax Map Parcel 54 -A -92B within 120 days of rezi ming approval. 3.3 The project entrance will he located on Brooke Road, dr: Applicant shall construct a northbound right turn lane on Brooke Road at the project cntrance prior rn occupancy OF the first building. SIC;NAT'URr:s Al >PIiAR ON 'full( 1: i1.1.C) \VIN(; I :\(;ICS 2ofi E6.60 —S99 -045 a31S3H31JIn HelHd d6E :E0 90 31 oaQ Proj, r Seaicmcat Respectfully submitted, William Lockhart et als By: Date: STATE OF VIRGINIA, AT LARGE FREDERICK COUNTY, '1'o -wit: The foregoing instrument was acknowledged before me this day of 2006, by My commission expires Notary Public 3 of 5 Scefried Property b'd E6170- S99 -O7S el3IS3HOWIf9 b Hd d6E:E0 90 21 oeG Proffer Statement .SeeJried Properly Arcadia Mobile Park, Inc. By: Date: SPATE OF VIRGINIA, AT LARGE': FR EDlsRICK COUNTY, To -wit: The foregoing instrument was acknowledged before me this day of 2006, by My commission expires Notary Public S'd E640 S99 017S 4of5 NDISBHOIJIl U Hd d0.6:90 90 21 oaQ Proffer Statement Seefricd Properties, Inc. 13y: Date: STA'1l; OF VIKCi1N1A, Al' LARGE FREDERICK COUNTY, To -wit My commission expires Nui.:uy Public The foregoing instrument was acknowledged before me this day of 2006, by 5of5 Seejried Property 9'd EEI'0- 599 -0bS 2131S3HONIM Y Hd d0i7 :E0 90 2T oaG Patton Harris Rust Asso ciates Engineers. Surveyors. Planners. Landscape Architects. P HRA Comments: To: Organization /Company: Fax Number: From: Date: 'Project Name /Subject: I'S 117 East Piccadilly Street Winchester, Vlrginio 22 T 540,667.2139 F 540.665.0493 I'd ESb0- S99 -DfS J yi0 6 C2 C Ls p Lf r we CC: Total Pages Inc uding cover: A hard copy of this fax will will not be mailed to you. Fax Transmittal 3. ,1, A1; Je L 1 1 2 I/ Q -41 i �A Prc 1 a/ N -i'_ r e pr. v /e. r 4) Ni7T'E: T;is mrsagc is intended far the rise of the aclthesscc and may contain information that is privileged and aorfident d. If you RTC' not the intended recipient, you It hereby notified that any LISECCL of this ec tomunication .r. st;ctly prohibited. 1{ you racc this facsimile in error, plcaee: notify us immediately n; the numbs: ahovc. Tha ilc you. 31S3HO14?M HdHd dsE :E0 90 ET CORPORATE: Chantilly VIRGINIA OFFICES: Bridgewater Chantilly Charlottesville Fredericksburg Leesburg Newport News Virginia Beach Winchester Woodbridge LABORATORIES: Chantilly Fredericksburg M *RYtAND OFFICES: Baltimore Columbia Frederick Germantown Hollywood PENNSYLVANIA OFFICE: Allentown WEST VIRGINIA OFFICE: Martinsburg T 540.667.2139 F 540.665.0493 117 East Piccadilly Sireel Suite 200 Winchester, VA 22601 Patton HorriWst Associates Encineers. Surveyors. Planners. Landscape Architects. December 8, 2006 HAND- DEL.n7FRED 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 Attomey 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 Endosure cc: Candice Perkins REZONING: 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 DA1E OF PROFFERS: October 3, 2006 PROPOSED PROFFER STATEMENT RZ.# Rural Areas (RA) and MI I 1 (Mobile Home Community) to Light Industrial (M1) REVISIONDATE(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 survey) 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). Wlliam 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 hens 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 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 petuut. 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 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. 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: STAI 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: STAI 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: STA'1 h 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 Wirchester Woodbridge LABORATORIES: Chantilly Fredericksburg MARYLAND OFFICES: 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 22601 Patton Harris•st Associates Engineers. Surveyors. Planners. landscape 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: 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: PROPOSED PROFFER STATEMENT RZ. Rural Areas (RA) and MI-I 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 DAZE OF PROFFERS: October 3, 2006 RE VISION DAIE(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 survey) 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 1.1 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. 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. 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 2 Seefried Property 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 5400,000. 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, William J. Lockhart et als By Date: STAI h 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 of5 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 WI I.BUR C. HALL (1892-1972) THOMAS V. MONAHAN (1924 -1999) SAMUEL D. ENGLE 0. LELAND MAHAN ROBERT T. MITCHELL, JR. JAMES A. KLENKAR STEVEN F', JACKSON DENNIS .1. McI.Ol1GHLIN, JR. Candice E. Perkins 665 -6395 dated December 12, 2006. ATTORNEYS AT LAW 7 307 EAST MARKET STREET LEESBURG, VIRGINIA TELEPHONE: 703 -777 -1050 FAX: 703-771 -4113 DATE: 12/13/06 HALL, MONAHAN, ENGLE, MAHAN MITCHELL A PARTNERSHIP OF PROFESSIONAL C:ORPORA'I'IONS FAX TRANSMITTAL SHEET PERSONAL AND CONFIDENTIAL 9 EAST BOSCAWEN STREET WINCHESTER, VIRGINIA TELEPHONE: 540 -C62 -3200 FAX: 540 -662 -4304 E -MAIL: la wyers@,ha Ilmonahan.com TRANSMIT TO: Name: Location: Fax No.: FROM: Name: Robert T. Mitchell, Jr. Location: Winchester, Virginia Fax No.: (540) 662 -4304 MESSAGE: See letter attached dated 12/13/06. 1 am also TOTAL NUMBER OF PAGES (INCLUDING THIS PAGE): 13 No.3490 P. 1 PLEASE REPLY TO: P.O. BOX 848 WINCHESTER, VIRGINIA 22604 -0848 enclosing a copy of the Revised Proposed Proffer Statement Dec.13. 2006 9:28AM No.3490 P. 2 HALL, MONAHAN, ENGLE, MAHAN bb MITCHELL WILBUR C. HALL (1692-1972) THOMAS V. MONAHAN (1924 1999) 7 b307 FIST MARKET STREET SAMUEL D. ENGLE LEE.Snunc. VrnclnN 0. LELAND MAHAN ROBERT T, MITCHELL, JR. JAMES A. KLENKAR STEVEN F. JACKSON DENNIS J. MCLOUGHLIN, JR. TELEPHONE POO- )TT -IOSO VIA FAX 665 -6395 AND U.S. MAIL Dear Candice: A PARTNERSHIP OF PROFESSIONAL CORPORATIONS ATTORNEYS AT LAW December 13, 2006 Candice E. Perkins Planner II Frederick County Depai tnient of Planning Development 107 North Kent Street Winchester, VA 22601 4 EAST BOSCAWEN STREET WINCHESTER, VIRGINIA TELEPHONE serr nn nf :r FAx sao EMAIL Iawyarsehallmon9han Cam Re: Seefried Property (Seefried Properties, Inc.) Revised Proposed Proffer Statement PLEASE REPLY TO: P. 0. BOX 649 WINCHESTER, VIRGINIA 22504-0548 By letter dated November 27, 2006, T provided 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 0 po)d paragraph, which describes the source of title of the Lockhart property: "W Kr M. Lockhart died after Dclitt Elizabeth Lockhart, and by will devised his interest in the property to his wife, Tamara Lockhart" Dec•13. 2006 9:2BAM Candice E. Perkins December 13, 2006 Page 2 HALL, MONAHAN, ENGLE, MAHAN MITCHELL No.34490 P. 3 2. The Revised Proposed Proffer Statement has satisfactorily addressed Paragraphs 1, 2, and 3 of my November 27 proffer review letter. 3. Pro ffer 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 o f 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, 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 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 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 l 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 1 HALL, MONAHAN, ENGLE, MAHAN MITCHELL 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. mc. If there are any questions concerning the foregoing comments, please contact RTM/ks Enclosures CC: Chuck Maddox via fax 665 -0493 truly yours, Robert T. Mitchell, Dec.13. 200 9 28AM Know all men by these presents: That I have made, constituted and appointed and by these presents, do make, constitute and appoint William 1. 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. STATE OF CITY /COUNTY OF 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 2006. 1 POWER OF ATTORNEY WITNESS the following signature and seal this day of 2006. (Seal) to -wit: 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 11 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 Linda L. Wilson STATE OF VIRGINIA, AT LARGE FREDERICK COUNTY My commission expires STATE OF VIRGINIA, AT LARGE FREDERICK COUNTY Notary Public My commission expires Notary Public Exhibit C The foregoing Proposed Proffer Statement was acknowledged before me this day of 2006, by William J. Lockhart, Jr. The foregoing Proposed Proffer Statement was acknowledged before nee 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. Dec.13. 2006 9 :29AM REZONING; PROPERTY: PROPOSED PROFFER STATEMENT RZ. 4 Rural Areas (RA) and Iv1H -1 (Mobile Home Co nmunity) to Light Industrial (M1) 75.1R acres lax Map Parcels 54 -A -89 (portion), 54 -A -91 (p )flrion) [the "I'roperry") RECORD OWNER: William J. Lockhart et is (54 -A.89) az Arcadia Mobile Paris Inc. (54 -A -91) APPLICANT; Seefried Properties, Inc. PROJECT NAME: Seefried Iroperty ORIGINAL DATE OF PROFFERS: October 3, 2006 1 of5 Z'd ESto- 699 -01>S No.3490 P. 8 REVISION DA1'k:(5); 11/8/06; 11/9/06: 11/30/06; 12/5/06; 12 /G /(•6; 12/12/06 Arcadia Mobile Park, Inc. is the Fee simple owner or Parcel 54 -A -91 by viruc of that cerrain I>eed from Williarnl. Lacklrart and Dellitr J. Lockhart, as grantors, and Arcadia .'vfok ilc Park, Inc.. nr. Rrantec, dnted February 6, 1979, and recorded in Deed Book 350, Pagc 481 of the Frederick County, VA records. William J. 1ackhaart, b... Joao E. 13 uck, Duuald Rugene 1.uckbart, VYalter M. Lockhart, Robert 5. I.nckharr and I.inda L. Wilson are the fee simple owners of I'arcel 54 -A -89. William j. Lockhart, Sr obtained title to the property by virtue of that certain Deed from E. E. Clevenger, cc if, dated January 23, 1948, and recorded January Z/, 1946 in Deed Rook 204, Page 3, Frederick County, rec)rds. William J. Lockhart, Sr. died and b his Last Will and Testament recorded in Will Book 75, Page 720, devised, without qualification, Parcel I1 to his surviving widow, Delia Flivabctb Lockhart. Dellitt Elizabeth Lockhart died. intestate, and by Affidavit recorded in Deed Book 934, Pagc 658 and documents filed as part oi' her Estate Nu. 98 -123 in Will Book 113, Page 94, her only heirs at law were established as William J. Lockh at, Jr., Joan 11 Brock, Donald Eugene Inc11mM. Walter M. T.nrkhnrt, Robert S. Lockhart and Linda L, 'Xilsor. The undersigned hereby proffers that the use and development or the subject property "Property nr. described above, :hall be in strict conformance with the following conditivr s. In the event that the above referenced M1 conditional rezoning is not granted as applied for by thc tpplicant "Applicant these proffers shall be deemed withdrawn and shall be null and void. further, thes. proffers are contingent upon Final rezoning of rhe. Property with "final rezoning" defined as that rezoning which is in enact un the day following the last day upon which the Frederick County Board of County Sup•tvisors (the Board') decision granting the mooning may be contested in the appropriate court. If the Board': decision is contested, and rho Applicant elects not to suhmir development plans until such contest is resolved, the n•rm rezoning ;hall include thc day following entry ofa final court order affirming the decision of the Board which has not been appealed. or. if appealed the day following which the decision ha. berm :il nn 91 on appeal. The 'starlings of rho proffers set Corti( below have been prepared for convenience or rerumnet only and shall not control or 9 Creel dtc rncming or be taken as an interpretation of any provision of the pro:fcrs. The rent "Applicant" as referenced herein ;hnll indudc within its meaning, all fuLurc owncts and success :ors in inter, :,l. 2131S3HDIJIr'I HNHd d6E rE0 90 21 oad E •el Dec•13. 2006 9 :29AM Proffer S /ntenten: 1. Monetary Contribution 1.1 Site Development No.3400 P. 9 S'ecfr Property The Applicant ;hall contribute to the County of Frederick the sum of $15,000,00 for fire and rescue purposes upon issuance. of the fast building permit. 1.2 The Appliomt hall eon tabutc to the C.ounty of Uredcrick the :A 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 th sum of $2,000.00 for general govcrnmenr pu :poses upon issuance of the fiat building pc, 2.1 Development of the Property shall not exceed 1.000.000 sttuarc feet of gross floor area. Furthermore, office use on the site shall only be permitted as in accessory to industrial uses. 2.2 Stnrmtvarcr management pond facilities a hall be lined with an impercnne curFace r nvoiel groundwater impacts. 2.3 Tire Applicant shall construct the future access road to Virginia Department of Transportation standards with a minimum pavement width of 26 feet. 2.1 Street trees shall be located a tunximum of 50 fvct apart along both sides of nce furore access road. Said street trees shall be piloted prior to occupancy of a ny building on site 2.5 .A geutechnical analysis shall be prepared and submitted :o Frederick County for any structures prior to site plan approval. 3. Transportation 3.1 Simultaneous with the cansfcr of ownership of any cr all land subject to this reroning or upon site plan approval of the first use, whichever comes fr:,t, the Applicant shall bond for off site road improvements in rhe aggregate amount of $400 000. This funding is available for frcdcrick County to utilize for local roadway improtcmcnts ar the County's sole discretion. If after two years of posting the bond this fundin has nor been recjoested then the bond shall cease and a cash payment made rn frederck County in the amount of $400.000 for the County's use for roadway improvements. 3.2 A direct connecrinn between the Property and Fert Coll L.A. Road shall be pmhibired Furthermore, rhe Applicant shall vacate the existing, access ca: cmenr located on rhe property identified ns Tax Map Parcel 54 -A -92B within 120 days of re:i ming approval. 3.3 The protect entrance will he located on Brooke Road, th_ Applicant shall construct a northbound right tune laue on Brooke Road at the project entrance prior rn occupancy of the first building. SIGN,\TURFS APPEAR ON'I'N1;1$ u.fl\VINt{ 1A(;ICS 2 of 5 E6170 -S99 -0179 el31S3HOF1Itil HdHd d6E :E0 so 21 oeo Dec.13. 2006 9 :29AM Proffer Statonene Respectfully submitted, William J. 1.ockhart ct als By: Da te: STATE OF VIRGINIA, AT LARGE FREDERICK COUNTY, To -wit: The foregoing instrument was acknowledged before me this 20%, by My commission expires Notary Public E6170 -S99 -0172 3 of5 No.3490 P. 10 See/tied Property day of 6131S3HDWIt9 H8Hd d6E :E0 SO ET oaa Dec.13. 2006 9:29AM No.3490 P. 11 Proffer Statement Arcadia Mobile Park, Inc. 13y: Date: STA E OF VIRGINIA, AT LARGE FREI)IiRICK COUN'IY, To -wit. The foregoing instrument was acknowledged before me this day of 2006, by My commission expires Notary Public 4 of 5 Seefried Property S'd E6b0- S99 -0b9 N31S3H0NIP H2JHd d0s:90 90 2T Oea Dec.13. 2006 9:29AM No.3490 P. 12 Proffer Statement Seefricd Properties, Inc }3v: Date: S 1'A'1'IL 01' VIRGINIA, Al LARGE FREDERICK COUNTY, Tv -wit The Foregoing instrument was acknowledged before me this day of 2006, by My commission expires Notary Public 5 of 5 Seefried Properry 9'd E640- S99 -0fS eI31S3H0NIRI HlHd d017:E0 90 2T van Dec.13. 2006 9:29AM Patton Harris Rust A•ciates Engineer., Surveyors. Planner;. Landscape Arch tects. P Comments: To: Organization /Company: Fax Number: From: Date: Project Name/Subject: CC: 117 East Piccadilly Street Winchester, Virginia 22601 T 540.667.2139 F 5CO3665.04T3 t•d Esb0- S99 -obS No.3490 P. 13 Fax Transmittal M :4 L)I 6 C G L L L t /mac- e- ro�r /J 2, -2.°0A i Pru -v/ Total Pages Inc uding cover: A hard copy of this lax will will not be mailed to you. e ir r ej Pro 5e 4e. r 4 1 2 j N()TE: Thi> mct agc is intended for the use of Tim aJdr_xsee az1 may contain infnrn. ation that is privLile ed and :orfidenu:tl. if )au an nut the iniCndcd recipient yrru are hen notifird that any disseninasion of this cc 1111wticau071 i< .rattly pru6ibii.trl. if )x:nJ rr:.zrvC thiS I dcsir1Ic L7 cntr, rlt.ts nntify as immediately aL the numbs acovc. 1 I:: tic you. a31S3HO14Il9 HT'Hd dsEteo 90 FT 1 of 5 PROPOSED PROFFER STATEMENT 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 (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 MI 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. 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: Seefried Property STATE OF VIRGINIA, AT LARGE FREDERICK COUNTY, To -wit: The foregoing instrument was acknowledged before me this 6 r k day of 1 cfrobar. 2006, by 1 i I 1 n J Loc Icl varl J My Comm ssion e irL ri Notary Public L D Z 3 of 5 Proffer Statement Arcadia Mobile Park, LLC r By: [jl Cha ?•/l Date: STATE OF VIRGINIA, AT LARGE FREDERICK COUNTY, To -wit: My commission expires Notary Public 4of5 2 06 Seefried Property The foregoing instrument was acknowledged before me this �P fk day of Deco-0 i b2 2006, by L5 I A w Proffer Statement Seefried Properties Inc. Bv: 142/14A-7„. Date: Pt Ce WO'? STA OF \TI. AT LARGE REDER1C1C COUNTY, b:lbb 'the foregoing instrument was acknowledged before me this 0 16- day of 2006, by frolotri S. QQI L4 S ivfl NEN. commis Notary Public (0) 5 of 5 D. It ilet i4/1 L 24 7.-O SPIRES CI C ORG I A AUG LE. t Seefriecl Property 17i,eJ4a901 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 Know All Men By Those Present: That I (We) (Name) Seefricd Properties. Inc (Phone) 703.35 2699 (Address) 5350 Shawnee Road. Suite 350 Alexandria. VA 22 312 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 :he Circuit Court of the County of Frederick. Virginia, by Deed Book 350 on Page 481 and is described as 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. 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 -fain 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. �?�I/,kyn00 (Q In witness there d. I k r av +hereto set my (our) hand and seal this day of Signature(s) I a /v'`, State of gar la City /County of CO 0? .To-wit: VD b 1, MI �r P Vasil .a Notary Public in and for the jurisdiction aforesaid. ertify that the person(s) who signed to the foregoing instrument personally appeared before the and has ack vledged the same before me in theskun)9dlltt(loo,,tforesaid this (if& day of Ne.,0,{4200 g 0..•.. �i41SF r `r 4t Commission Expires: AIL! 20 2.on 1f n Notary Puhli z P UB` oeBC nmmwa' Know All Men By Those Present: Thal 1 (We) State u 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 540-6654395 (Phone) 703.354 2699 (Name) Seefried Properties. 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 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 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 10 previously approved proffered conditions except as follows: This authorization shall expire one year from the day it is signed. or until i1 is otherwise rescinded or M. modified. In witness the •of. 1 wet v hereto set my (our) hand and seal this OR day of D/r�2 (l Signature's) �.11Ail i J i 1 ,aJ I,, r City /County of (J)hh .To -wit: epbe,4 L S. Q0..,. i7 St'1- I. IVl \aSf) ,a Notary Public in and for the jurisdiction aforesaid. crtify that the person's) who signed to the foregoing instrument personally appeared before me Q m�e and has ackn�w•Icylcud ill' same before me in j4uiwlE 1/ (AR- d ay of aforesaid this /n� y ivly Commission Expires: K' UA{ U, 2(1O?' EXP tr; GEORGIA AUG 25. 22 PH- co1FORAIE: Channuy VIRGINIA OFFICES: Bridgewater Chantilly Charlottesville Fredericksburg Leesburg Newport News Virginia Beach Winchester Woodbridge LABORATORIES: Chantilly Fredericksburg MARYLAND OFFICES: Baltimore Columbia Frederick Germantown Hollywood PENNSYWANIA OFFICE: Allentown VJES1 VIRGINIA OFFICE: Martinsburg 540.667.213 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 y ates Patrick R. Sowers Enclosure CC: Candice Perkins 'Joy 30 06 D4:17p WILLIAM LDCK JR la co /clout' so ;La ca. •P V a Vt V LtLawn.) JaYAPIn I.a•wrt POWER OF ATrDRXEY KNOW ATS HY T T 'n+ecL jaw; L.- �zksar+ tasva+e#6.- tent pr' by. .a w...maLm; aid appoint my we and �eeANF car pint° :fa- aee3 or whir docut c� mad d cocain e see ad0`P of ssiralsifse;?o for rile oGthae¢cta+n Pb0r dcicribc l .!'cX /,`v a r y .,.�d.rooaelxsUneora y £.orida all SaSigiSat II /V d s nom.' 9 Z o n 1=Q-a- 1 r acla a rena l' same: gad to do n sv2m athgl HcW d tl mit ae ungaia TaW w the e Saiao retl e'mm as alien Or CODICI fnd I ttatbY aA d tsl a1Ll tta.i;► dome key my said anoraey ...tJa° O am disability oftbc by virtue a bcoi This Iimtie4Ys+ts' otR��........s d.dl w prmaP�• U. th 02 ee x 2006. STATE OF :1 Ilia ira ate "T /l.I:a ldt CITY' fo s sa. and (1A I i TiowaY o-i anb _I. �'go where =Me is j r =r s; d 6hcxbYoxihS 7 d&i'� -I v, ,...�rni Atrosmey .d edr� sienna as2Qa'fa[c[f°�!F �sdictio.t 2006 has P ••rt hdpce sae n u n fm afinesaicL Let —J Crr 1=15- NOTARY PUBLIC MITZUCRAPIr Issuintatain. 4s6na.11tah 84644 My Commbeiof& O'°' Jaauay 27, 2033I STATE OF UTAH 544 -6620 p2 ty) LW' Dec 05 2006 1:32PM Br ck Cabinet Inc. 9104297625 P Dec Oht26 10c 3a P JOW 3Y PRESENTS= Jcsrwr L; 3Ra .1( lmvrmadwooaseltnedmd trolsOtused. and bi de nude, e..: ...t.. thd raththilai :Am- f oc*wnir yR my that and YOCat ht t 6ocasnazats sad LecXM.#CT epeoO sad ta�cralt w...v th t la dl zra 2.4 ZOO iweee soda Sign ter$ =dna oII-aalsaebs:sas..msesra ddirtbistidVadidenadall teat mete as t agistlit cc add isstiaseassrsonsay, nod I hostsus* ®d muCvd lawful sae dtme_ n my "'d tdsme Snot This IasdsatI's of AUaY stall tat I as aabmmity ante a 2006. strat t `SOY fik -0Ltra aye. ..ri`L•4' to-wit G T.2111+4414- a itr o t ga ry istaa va- ;®d for ttao graft and daha oo t rot .w6avt name 6 meet:iagmbit paraseprzand balroscharamd anowisdavd tic aataemal tats and jm.d.mas Imlay fib? dW CR r ,.3006. STATE OP VV ILL 1/11V1 J. LL'fl. 1 1, Jf 1 1f24/2006 16:14 FAX 540 667 5170 F'ZY OF. rjt. ..[zF.lrr VyVVUL 1IJJ JOJOW AZL1dFN- S]FYtt SENT$: Tati .ad,t4 'fe_eatr{oT thee b.+rmade. neaati'tl .md� ml M. tomi do enek9- neenneasta ya 1 a M 1#arar tells gad 6"'ful sinty.,be mnaasit ascot Cate and aunt ro a:1a_ deal r a acd rimy ln°°uds' °£aft rotative m the 'sale °rem ca p y I_ as O'l�l1C a riammeakl.,. .slam mb mad can.cymca °c �P- with all eacessa`F aanT azsdceaELseat. tb taad -ro ett -rarbetter ast e s mad tbiaga m n clzdo .o+nc- =state saIe „d real es a 1tniglax 71lis. andStoyn tact .le [070Thf ash dote by my said nS WirMe bereoc= Trani Pinvcr a/ Attorney slue! net k+mnmc art disability a£dac e o t a di -w. and3eoL ni. 24 —d:�• ot__�Yi606. i .7 c f c 4 <7-Mt (SEAL) Z'd 6641 017S Robert L. -lanes III 002 Stele end j*c sdicam dltcaid zFO L?¢C ti; Ft &3. ii. f steed la aye fae Y ne.e o i. a�a d,r t \>e ifh P» y am- 2906 has pesnt b4bte ad sec- y Seca aad j t sdieeoo LFaraid Gt m.s,.a tea ..ar (AXMLtj 7006. arm. N• 7 4 4 S 9 4 p, 2 2i!' 'thVHNocf r I W?TUM ILI UM/ LVVD I0. IJ l1/, JVVDVJJJYD WILLIAM J. *CHART, JR =CM POWER OF ATTORNEY KNOW RILL ENITIF HPN PSLESETPS: 7z.nt L LJA L`.7t Mt. ro ak #4a r r havenado r cceasekteS sad wad by. wcsc ez7_d@rnuko. oosatitain.ailigla m.c sad lawful a sit acy tot v,4 and is mmL.FacLc seal s e t to -sign Atm das&oc other d and t000lvc aPq ASS ic iPItvi m fhc- aaie-of that ccraiiii-ompcny nu Lee ear P.sepmer'. and m smlx a6[ 1 a •IT• 1 f, wail di Tar Nap sit-A -nr smevmtcs,aodta idEe. cad dramas: and to do as web ocLocarb a ns sad stings ia.,atadcn m tiap.ralr 0Laad rad as 1 taiga ac ddle -r"dacta° dd- ['bc+c .ern`$• and crestani ag lawful aces don. my said Sony by viewaeeliercif` Thos t 3...•- PnolQ ae ldt 1 ...s an ice' arise r WrLNF.3S ther_t2Sksvitagailipaatass aud.ssHLthc STATE OE. f (Lg L armor G :..,ryn- a far 5s'Sems marl jacisilictidotawatroirity User mine is d. -en 7lw,issit Peareco dmnd. -44 d ot= .t•J 2006 has posmenlly efbtcsad. Grim ==y e'. s cf tom': Q -ivy/ i.FFS. S oo-ca* fi. Q.- ra._ IOTARYPU4 STAIR CAR MAM 21, ?eRLLIFS• i "F1rattiati°Rai Bank T 1 RuS�er09:13n00:41/417a y l ^..._!4.,naT C FPM P.h16JF ?nrn1UflM1LULM1UJJUUJLU Dory Public fiZza p,1 IP) VU 1 /001 AZTORNEY KNOW ALL MEN SY THFCPDRESENTS That RNFlir 5 Z.ocKfiger have ma canscaaed mad eispointcd. and by. tbex pracca,.do make. cotra la -.3d' appoint' t (116 wi r- �"CC zrY nay hue and lawful attomcy foi-me md in name. plscC'md to sign any deed 'en c docurnats -nod toceismany ploccininanf salcielativeic em r ata offfi"akcectain property as Mioranatiented SSA", and to make all Lo ,f nil oaopEery nnxs�cy>sae� atad_c�cyaoaxs thecm� with an 'Mx Air sy_� =gg� neoessarycommatatanal may ,a socigt iredBem.drfrlivertbeaamc; and to do all swb oehc- ans-mmaca ems- ga `3'wLIa'- a ate- o t a real cst to as 1 asigin or amid do a sting personally. and J hereby races and coafntd nll tewf,l acts done by my said attorney by-vinnetsa me ThiestiMited Pow cff A3gcS5' trsminate disability of the pi.aeipal WSiblESSthea2}11m _ale seal -sus c C3�- LRn" her'--20045. SPATE OF U.1fJ7t +mc, QTy /couba Y OF y i1L'XAfL".Rti. toswat �11 rX 5/ rnt °n a Notary. PUblic.-aSnd fv ,t» gn end _u..a._.4 a ti b -v z ifj=.hat 1 r ;f C t C. whose is ta signed to the negpingLimited Power of Attoraey..daled_..' �da;y_of f t -e na dr._ 2006 has aforesaid_ o C:e`vi:n la iftis off ip "ce 2006. e i pomaciaionami a 3 Ot. 4 EAL) in nsy ?Store and jurisdiction CORPORATE: Chantilly VIRGINIA OFFICES: Bridgewaler 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 O,FICE: 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: ';here are 4 reasons why the subject rezoning should receive your approval. Wednesday night. (1) The tinning 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 in-formation, Seefried Properties, lac- will transfer 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. Johnson. is also the principal developer of the Holland lid gtrial Park in Isle o£ 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. F 540 F Johnson looked at number of different sites before choosing Frederic County. 540.665.0493 a. 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 Hit 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 cam., -4. ffi C. E. Maddox, Jr., P.E., Consultant/ CEM /kf Enclosure cc Steve Cloud, Seefded Properties, Inc Copeland Rhea, Johnson Development Board of Supervisors Eric Lawrence Patrick Barker HALL, MONAHAN, ENGLE, MAHAN MITCHELL NOV Z 2006 WILBUR C. HALL (1892 -1972) 7 E. 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 703.777`1050 ATTORNEYS AT LAW November 27, 2006 9 EAST BOSOAWEN STREET WINCHESTER, VIRGINIA TELEPHONE 540.662 FAX 540-562 E IasyerS05aIImOIIahaf.Con 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 22604-0848 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 me. RTM /ks Enclosure HALL, MONAHAN, ENGLE, MAHAN MITCHELL power of attorney for a person to sign these documents on behalf of one or more of the owners. 1 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. If there are any questions concerning the foregoing comments, please contact ly yours, Robert T. Mitchell, Jr. SEEFRIED PROPERTY ZONING BOUNDARY FREDERICK CO /VTY, V /RCIN /A TOTAL AREA 75.38 AC. Patton, Harris, Rust Associates 117 E. Picadilly St. Winchester, Yrginia 22601 VOICE: (540) 667 -2139 FAX: (540) 665 -0493 PROPOSED PROFFER STATEMENT REZONING: RZ. Rural Areas (RA) and MI-1 -1 (Mobile Home Community) t Light Industrial (tyll) 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: Scefried Properties, Inc. PROJ ECT 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 DEC 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 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 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 THl3 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, 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 Seefricd 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 REZONING: PROPERTY: RECORD OWNER APPLICANT: PROJECT NAME ORIGINAL DA 1 E OF PROFFERS: REVISION DATE (S): 1. Monetary Contribution PROPOSED PROFFER STATEMENT L NQT CURRENT RZ.if Rural Areas (RA) and MH -1 (Mobile Home Community) to Light Industrial (M1) 75.38 acres Tax Map Parcels 54 -A -89 (portion), 54 -A -91 (portion) [the "Property"] William J. Lockhart et als Arcadia Mobile Park, LLC Seefried Properties, Inc. Seefried Property October 3, 2006 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. 1.1 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 �T cuRRENT fried Property 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 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 2 of 5 REZONING: RZ. 19 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, TLC APPLICANT: Seefried Properties, Inc. PROJECT NAME: Seefried Property ORIGINAL DATE OF PROFFERS: October 3, 2006 1. Monetary Contribution PROPOSED PROFFER STATEMENT 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. 1 of 5 Proffer Statement Seefried Property 2. Site Development NQ T 0 R ENT 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 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 die 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 Proffer Statement Respectfully submitted, William J Lockhart et als By: Date: STA I E OF V fGIIvIA, AT LARGE FREDERICK COUNTY, To -wit: The foregoing instrument was acknowledged before me this 2006, by 1n) t A n‘• J L6^ g arr 1 s My commission exp ires 3 4 t. ks Zip 61 Notary Public :AZT L-14 N\ 'lam.' 3 of 5 Seefried Property Proffer Statement Arcadia Mobile Park, LT C By: G e,,..t- Date: STATE OF V 1RGIN LS, AT LARGE FREDERICK COUNTY, To -unit: The foregoing instrument was admowledged before me this l f day of fVCe 6 2006, by ?,D i A M to :Cc My commission expires 3 Notary Public (to. 200 ce LHJ, M '17, ia 4of5 Seefried Property NOT CURRENT Proffer Statement Seefried Properties By: Date: b ST9IEOF ,11TL CE f f ak, co 1 l/ CA L To -wit: Cobb •w 7 I The foregoing instrument was acknowledged before me this O day of Voya r1 Y/ tY 2006, by 4/4 S e.4K4(ScN My commissio en /7 Notary Public (y/,/ D. VkSG( 5of5 3o Seefried Property o. 1,.4 EXPIRES a n GEORGIA ,AUG. 26, 2007 coU NOT CURRENT REZONING: RZ. /9 -06 ORIGINAL DATE OF PROFFERS: October 3, 2006 1. Monetary Contribution 2. Site Development 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, I.LC A PPLICANT: Sccfried Properties, Inc. PROJECT NAME: Seefried Property 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 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 rezonng 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 Proffer Statement 2.2 All utilities shall be located underground. 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 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 ZIPT Proffer Statement Respectfully submitted, William J. Lockhart et als By: Date: (S/ L /44_,/ STATE OF VIRGINIA, AT LARGE FREDERICK COUNTY, To -wit: The foregoing instrument was acknowledged before me this 2006, by IA) ;l1:A J, L•ocf ,Is My commission xpires Notary Public 3 r 4cco L451 zoo4 L; l A PA f e-44- Seefried Property 3 of 5 a. J cuRazipr Proffer Statement Arcadia Mobile �Park, LLC By: /�(/�LGLLrx Date: STATE OF VIRGINIA, AT LARGE FREDERICK COUNTY, To -wit: Notary Public r The foregoing instrument was acknowledged before me this f day of` /V- Olen+ f 2006, by I 1 A 0 Lo ck My commission expires 3 I ctri ff ree 20C`1 1,>W L: iv\ T o t eL tr 4 of5 Seefried Property tNOT CURRENT. a__ Proffer Statement Seefried Properties, In �J By: �1g7" Ca) Date: f l 9bL 6c STATE OF VllZGI A T 1RCE F D To -wit: The fo egoing instrument was acknowledged before me this )6 t `day of tiAYtO .19 O' 2006, by gOkitt S It4iCt4SL N My commissio itisp Notary Public 7,� <al N f! Y�1 j ID.ASO 5 of 5 Seefried Property 0 11111lllll11/1/ 20 o EXPIRES 5 GEORGIA 2 AUG. 26. 2007 1 t OpfIBL2 7 ICIO J I\\` j _OT CURRENT PROPOSED PROFFER STATEMENT REZONING: R%. /T —C6 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: Scefried Properties, Inc. PROJECT NAME: Scefried 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 1\11 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 suns 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 of5 NQT CURRENT Proffer Statement 2.2 All utilities shill be located underground. 3. Transportation 2 of 5 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 apait 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. 3.1 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 J LNOT CURRENT 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 CURREN?, Proffer Statement Arcadia Mob ile Park, EEC By: �//.Lzr -re citrj, 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 NOT CURRENT V Proffer Statement Seefried Properties, By: Date: i l n /1 STATE OF AT FARCE To -wit: Ca) C-oL* "7 The foregoing instrument was acknowledged before me this 16 ti day of M)1(0/Y1 X/ tY 2006, by loljfl S IZAKKS� N My commissiorzen Notary Public (D. (74/ vt'tI au 5 of 5 b 4l .00111111111111/14, oT: 4 EXPIRES GEORGIA AUG. 26. 2007 t C, 1"1/4„88 COU`r1``\.c Seefried Property NT CURRENT