Handbook › Proffers & Dedication
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Section divider tab reading: Proffers, Dedication With Plat
Proffers Dedication With Plat
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REVISED SUBMISSION
RECEIVED
OCT 4  '89

Proffer Statement

RZ 89-10

RCH LAND SALES, INC.

Revised 10/03/89

  1. 1. Applicant agrees that 308.5012 acres which is the subject of RZ 89-10 will only be developed as 5-acre lots under the R-1-5 zoning category.
  2. 2. Applicant agrees to establish a conservation easement (non-disturbance area) 25 feet along each side of Chestnut Lick on the property. The conservation easement areas shall remain undisturbed, except for construction activities relating to the construction of utilities, and those required by Prince William County.
  3. 3. Applicant agrees to notify the County Archaeologist at least ninety (90) days prior to the commencement of any construction to permit a full archaeological and photographic survey of the existing structure known as the "Shelter." Applicant further agrees to permit the County or County approved archaeology teams to conduct an "archaeological dig" in the area surrounding the Shelter for a period of six months following the conclusion of rezoning of the project. An interpretive historical site, including diagrams, artifacts and a brief history will be constructed on the site at the area noted "gravesite," as approved by the County Archaeologist.
  4. 4. Applicant agrees to preserve the existing graveyard as a separate parcel and provide pedestrian ingress and egress with the graveyard area to be fenced.
  5. 5. Applicant agrees to provide frontage improvements along Shelter Lane in front of the site to provide for a left-hand turn lane into the site and right-hand deceleration lane for entering the site.
  6. 6. Applicant agrees to make contribution to Prince William County School Board of $1,042.50 per approved building lot, payable on a per lot basis as subdivision plat or plats are released for recordation.
  7. 7. If requested by Woolsey Associates, Inc. and approved by Prince William County, Applicant agrees to dedicate and construct a stub street to connect the Applicant's property with the property of Woolsey Associates for interparcel access.

PROFFER/DEVELOPMENT PLAN

Signed    Oct. 4, 1989

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Proffer Statement
RZ 89-10
Revised 10/03/89
Page Two
  1. 8. Applicant agrees that all development will be in keeping with the requirements and standards of the Chesapeake Bay Preservation Act and will use best management practices as required.

RCH LAND SALES, INC.

By: [Signature]

John B. Connor, Attorney
and Authorized Agent

APPROVED

PROFFER DEVELOPMENT PLAN

Signed    Oct. 4, 1989

OFFICE OF PLANNING

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Deed of Dedication and Easement

THIS DEED OF DEDICATION AND EASEMENT made this 30th day of September, 1992, by RAYMOND C. HAWKINS CONSTRUCTION CO., INC., a Virginia corporation, successor in interest by merger to RCH LAND SALES, INC., a Virginia corporation, pursuant to a Certificate of Merger effective as of August 28, 1990, issued by the State Corporation Commission of the Commonwealth of Virginia ("Grantor"), party of the first part; THE BOARD OF COUNTY SUPERVISORS OF PRINCE WILLIAM COUNTY, VIRGINIA, a body corporate and politic ("County" or "Board"), party of the second part; PRINCE WILLIAM COUNTY PARK AUTHORITY, a body corporate ("Authority"), party of the third part; and, SHELTER LAKES, INC., a Virginia not-for-profit corporation ("Association"), party of the fourth part.

WHEREAS, Grantor is the owner of a certain tract or parcel of land situate on Shelter Lane, Route 601, in Prince William County, Virginia, containing 171.51576 acres, more or less (the "Property") more particularly described by metes and bounds on Schedule "A" attached hereto and expressly made a part hereof, and further more particularly shown on the attached plat; said Property being a portion of the land acquired by Deeds recorded in Deed Book No. 1412, at page 174, and in Deed Book No. 1375, at page 1850, of the land records of Prince William County, Virginia.

WHEREAS, Grantor desires to grant and convey certain property to the County and to dedicate same for public street purposes, to create lots and parcels and to grant certain easements to the County, all as more particularly described and shown on the attached plat entitled "Plat Showing Subdivision and Easements, Section 1, SHELTER LAKES, Gainesville Magisterial District, Prince William County, Virginia" dated Feb. 10, 1992, rev. Sept. 15, 1992, rev. Sept. 30, 1992, and rev. Oct. 9, 1992, and prepared by Dewberry & Davis, Engineers/Planners/Surveyors (the "Plat"), further identified as #92-00271-SDF.

WHEREAS, Grantor further desires to grant and convey certain property to the Association and to grant certain easements to the Authority as set forth hereinafter and as shown on the Plat.

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Now, Therefore, This Deed of Dedication and Easement.

W I T N E S S E T H,

that for and in consideration of the premises and the sum of One Dollar ($1.00), cash in hand paid, the receipt and sufficiency of which are hereby acknowledged, Grantor does hereby convey in fee simple, with General Warranty of Title to the County, its successors and assigns, that portion of the land containing and described as 420,177 square feet (HEREBY DEDICATED TO PUBLIC STREET PURPOSES) as shown on the Plat, attached hereto and made a part hereof, and does hereby dedicate same for public street purposes, and does further subdivide and dedicate into lots and parcels all the remainder of that certain tract or parcel of land containing 171.51576 acres described on Schedule "A" attached hereto, located in Gainesville Magisterial District, Prince William County, Virginia, and does now designate the same as Section 1, SHELTER LAKES, in accordance with the Plat approved by the proper authorities of Prince William County, Virginia, as evidenced by their endorsements and signatures thereto and to this deed of dedication and easement. The aforesaid lots and parcels are dedicated subject to the Notes numbered 1 through 18, both inclusive, as shown on said Plat, as applicable.

The Grantor further grants, establishes and creates (i) the Ingress-Egress Easement shown on Parcel B and Lot 3, (ii) the 50' Ingress-Egress Easement shown on Lot 6, (iii) the 50' Ingress-Egress Easement shown on Lot 7, and (iv) the 40' Ingress-Egress Easement shown on Lots 8 and 9. The Ingress-Egress Easements are made subject to the applicable Notes on the Plat and are for the non-exclusive benefit of the Grantor, its successors and assigns. The Ingress-Egress Easements identified as (i), (ii) and (iii) are further subject to the following condition which shall be a covenant real and run with the title to each of the properties (Lots 3, 6, 7, 8, 9 and Parcel B) affected thereby and shall be binding upon all parties, including mortgagees, having or acquiring any right, title or interest therein:

Upon the request of Prince William County, Virginia, the owner of the burdened and affected property shall dedicate such Ingress-Egress Easement as a public street and grant such temporary and/or permanent

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construction, slope, drainage, line-of-sight or access easements as may be required for the efficient and proper construction of such public street, without any payment or compensation to such owner, and further without any obligation by the owner to pay for such improvement or the construction thereof. For purposes of this covenant, the term "owner" shall include the owner or owner(s) of the fee simple title, any mortgagee(s), lessee(s) or other party having an interest in such burdened and affected property.

The Grantor further establishes and creates the RPA (Resource Protection Area) Buffer Areas delineated on said Plat, subject to Note 8 thereon. All RPA Buffer Area(s) shall be subject to and maintained pursuant to the applicable provisions, rules and regulations promulgated under the Chesapeake Bay Preservation Act (Section 10.1-2100, et seq., of the 1950 Code of Virginia, as amended) and Section 750.04.2 of the Prince William County Design and Construction Standards Manual.

The Grantor further grants and conveys to the Association non-exclusive easements for a) parking on Lot 19, b) 10' Access Easement on Lot 20, and c) 20' Ingress-Egress Easement on Lot 25, all as shown on said Plat, subject to Note 5, as applicable. The 20' Ingress-Egress Easement on Lot 25 shall be further subject to the rights of the lineal descendants of those interred in the cemetery to visit the gravesites. The Grantor agrees to indemnify and hold the County harmless for any and all liability resulting from the presence of hazardous materials in the land so conveyed and dedicated, including any liability under the Comprehensive Environmental Response and Liability Act as amended at the time the County is charged with such liability.

This Deed, Further,

W I T N E S S E T H,

that for and in consideration of the premises and the sum of One Dollar ($1.00), cash in hand paid, the receipt of which is hereby acknowledged, Grantor does hereby grant and convey unto the County, its successors and assigns, with General Warranty of Title the easements as set forth below:

Easements and rights-of-way for the purpose of constructing, operating, maintaining, adding to, or altering present or future storm drainage lines, or other drainage facilities, plus necessary

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inlet structures including other appurtenant facilities for the transmission and distribution of storm waters through, upon, and across the property of the Grantor; said property and easements (storm drainage easements) being more particularly bounded and described on the Plat attached hereto. The owner of any property on which there is located an easement for storm drainage or stormwater management purpose shall be responsible for the following items of maintenance, where applicable: grass mowing with reasonable frequency and the removal of debris and other matter to the best of the owner's ability where such debris or matter has impeded or threatens to impede the free flow of storm water. The owner's responsibility shall include notification of the Prince William County Department of Public Works of (i) any defects with the structures, pipes, if applicable, and fencing within the easement; (ii) any debris or other matter which is beyond the owner's ability to remove; and (iii) any excessive flooding, sedimentation or soil erosion within the area of the easement; and subject to the following conditions:

  1. 1. All appurtenant facilities which shall be installed in the easements and rights-of-way shall be and remain the property of the Board, its successors and assigns.
  2. 2. The Board and its agents shall have full and free use of the said easements, and rights-of-way for the purposes named, and shall have all rights and privileges reasonably necessary to the exercise of the easements and rights-of-way including the right of access to and from the rights-of-way and right to use adjoining land where necessary; provided, however, that this right to use adjoining land shall be exercised only during periods of actual construction or maintenance, and further, this right shall not be construed to allow the County to erect any building or structure of a permanent nature on such adjoining land.
  3. 3. The Board shall have the right to trim, cut and remove trees, shrubbery, fences, structures or other obstructions or facilities in or near the easements being conveyed, deemed by it
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to interfere with the proper and efficient construction, operation and maintenance of said storm drainage facility; provided, however, that the Board, at its own expense, shall restore as nearly as possible, the premises to their original condition; such restoration to include the backfilling of trenches, the replacement of fences and shrubbery, the reseeding and resodding of lawn and pasture areas, but not the replacement of structures, trees, or other obstructions.

  1. 4. The Grantor reserves the right to make any use of the easements herein granted, provided this use does not interfere with the flows of the natural storm drainage or adversely affect other properties, or interfere with the use of the storm easement(s) by the County for the purposes named or be inconsistent with any other right herein conveyed; also provided, that the Grantor shall not erect any building, fence or other structure in the easement(s) without obtaining the prior written approval of the Board.
  2. 5. The owner of the fee title to the property shall be responsible for maintenance of any other easements granted to the County, including, but not limited to, 100 year flood plain easements and RPA buffers.
  3. 6. The temporary turn-around easement at the present terminus of Shelter Manor Drive and the adjacent land, which is hereby granted, and the 20 foot temporary storm drainage easement on Lot 25 shall both become null and void at such time Shelter Manor Drive is extended.

The Grantor agrees to indemnify and hold the County harmless for any and all liability resulting from the presence of any hazardous substance in the easements, including any liability under the Comprehensive Environmental Response and Liability Act of 1980, as amended, at the time the County is charged with such liability.

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This Deed, Further,

W I T N E S S E T H,

that for and in consideration of the premises and the sum of One Dollar ($1.00), cash in hand paid, receipt of which is hereby acknowledged, the Grantor, party of the first part, does hereby grant, bargain, sell and convey unto SHELTER LAKES, INC., a Virginia not-for-profit corporation, party of the fourth part hereto, with General Warranty and English Covenants of Title, in fee simple all those certain tracts or parcels of land more particularly described as Parcel A (Cemetery), containing 27,164 square feet, Parcel B, containing 0.50569 acre, and Parcel C, containing 0.67383 acre, Section 1, SHELTER LAKES, as shown on the Plat attached hereto and made a part hereof.

This conveyance is further made subject to conditions, restrictive covenants, rights of way and easements contained in the deeds forming the chain of title to these properties.

This Deed, Further,

W I T N E S S E T H,

that for and in consideration of sum of One Dollar ($1.00), the receipt and sufficiency of which is hereby acknowledged, Grantor does hereby grant unto the Authority, its successors and assigns, Trail Easement(s) for the purpose of constructing, operating and maintaining public trail(s) through and across the Property of Owner, said Property and Easement(s) being more particularly bounded and described on the Plat attached hereto and incorporated herein. The easement(s) are subject to the following terms and conditions:

  1. A. All facilities installed in the easement(s) and right(s)-of-way shall be and remain the property of the Authority, its successors and assigns.
  2. B. The Authority and its agents shall have full and free use of the said easement(s) and right(s)-of-way for the purposes named, and shall have all rights and privileges reasonably
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necessary to the enjoyment and exercise of the easement(s) and right(s)-of-way including the right of reasonable access to and from the right(s)-of-way and right to use adjoining land where necessary; provided, however, that this right to use adjoining land shall be exercised only during periods of actual surveying, construction, reconstruction or maintenance, and further, this right shall not be construed to allow the Authority to erect any building or structure of a permanent nature on such adjoining land.

  1. C. The Authority shall have the right to trim, cut and remove trees, shrubbery, fences, structures or other obstructions or facilities in or near the easement(s) being conveyed, deemed by it to interfere with the proper and efficient construction, operation, maintenance or enjoyment of said trail(s); provided, however, that the Authority, at its own expense, shall restore, as nearly as possible, the premises to their original condition, such restoration to include the backfilling of trenches, the replacement of shrubbery, and the seeding or sodding of lawns or pasture areas, but not the replacement of structures, trees or other obstructions.
  2. D. The Grantor reserves the right to construct and maintain roadways over said easement(s) and to make any use of the easement(s) herein granted which may not be inconsistent with the rights herein conveyed, or interfere with the use of the easement(s) by the Authority for the purposes named, provided, however, that Grantor shall not erect any building or other structure, excepting a fence running parallel to the easement(s), on the easement(s), without obtaining the prior written approval of the Authority.

The Grantor agrees to indemnify and hold the Authority harmless for any and all liability resulting from the presence of any hazardous substance in the Trail Easements, including any liability under the Comprehensive Environmental Response and

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Liability Act of 1980, as amended, at the time the Authority is charged with such liability.

This conveyance and dedication is made with the Grantor's free consent and in accordance with its desire, and in accordance with the statutes of Virginia governing the platting of the land; the plat having been duly approved by the proper authorities of Prince William County, Virginia, as evidenced by their endorsement thereon.

REFERENCE is hereby made to said deeds, schedule and Plat, for a further and more particular description of the land hereby dedicated and subdivided.

WITNESS the following signatures and seals:

RAYMOND C. HAWKINS CONSTRUCTION CO., INC., a Virginia corporation, successor in interest by merger to RCH LAND SALES, INC., a Virginia corporation,

By: [Signature]    (SEAL)

Raymond C. Hawkins
Its President

SHELTER LAKES, INC., a Virginia not-for-profit corporation

By: [Signature]    (SEAL)

Stephen M. Pratt
Its Vice President

PRINCE WILLIAM COUNTY PARK AUTHORITY, a body corporate

By: [Signature]    (SEAL)

Charles F. McDade
Its Deputy Director of Administration

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COMMONWEALTH OF VIRGINIA, AT LARGE,
COUNTY OF FAUQUIER, to wit:

I, the undersigned Notary Public, in and for the jurisdiction aforesaid, whose Commission expires on the 31st day of May, 1996, do hereby certify that RAYMOND C. HAWKINS, President of RAYMOND C. HAWKINS CONSTRUCTION CO., INC., a Virginia corporation, successor in interest by merger to RCH LAND SALES, INC., a Virginia corporation, whose name is signed to the foregoing Deed dated September 30, 1992, has this date appeared before me and acknowledged the same in my jurisdiction aforesaid, for and on behalf of said corporation.

GIVEN under my hand and seal this 30th day of September, 1992.

Notary Public

My commission expires:   May 31, 1996

COMMONWEALTH OF VIRGINIA, AT LARGE,
COUNTY OF FAUQUIER, to wit:

I, the undersigned Notary Public, in and for the jurisdiction aforesaid, whose Commission expires on the 31st day of May, 1996, do hereby certify that STEPHEN M. PRATT, Vice President of SHELTER LAKES, INC., a Virginia not-for-profit corporation, whose name is signed to the foregoing Deed dated September 30, 1992, has this date appeared before me and acknowledged the same in my jurisdiction aforesaid, for and on behalf of said corporation.

GIVEN under my hand and seal this 30th day of September, 1992.

Notary Public

My commission expires:   May 31, 1996

COMMONWEALTH OF VIRGINIA, AT LARGE,
COUNTY OF PRINCE WILLIAM, to wit:

I, the undersigned Notary Public, in and for the jurisdiction aforesaid, whose Commission expires on the 19 day of May, 1993, do hereby certify that Charles F. McDade, Deputy Director of Administration of PRINCE WILLIAM COUNTY PARK AUTHORITY, a body corporate, whose name is signed to the foregoing Deed dated September 30, 1992, has this date appeared before me and acknowledged the same in my jurisdiction aforesaid, for and on behalf of said Authority.

GIVEN under my hand and seal this 15 day of October, 1992.

Notary Public

My commission expires:   May 19, 1993

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ACCEPTED PER VIRGINIA CODE SECTION 15.1-286
BOARD OF COUNTY SUPERVISORS OF PRINCE WILLIAM COUNTY

BY: [Signature]

Chief of Division of Land Permitting Services,
Designee Director of Planning, its authorized agent.

COMMONWEALTH OF VIRGINIA, AT LARGE,
COUNTY OF PRINCE WILLIAM, to-wit:

I, the undersigned Notary Public of and for the jurisdiction aforesaid, do hereby certify that [Chief of Division of Land Permitting Services], whose name is signed to the foregoing Deed dated September 30, 1992, has this date appeared before me, and acknowledged the same in my jurisdiction aforesaid.

GIVEN under my hand and seal this 3rd day of October, 1992.

Notary Public

My commission expires:   September 30, 1996

FORM APPROVED PER VIRGINIA CODE SECTION 15.1-286

10/9/92
Date

(Assistant) County Attorney