022-00
BOARD OF SUPERVISORS
RESOLUTION
LAKESIDE PROPERTY - LAKESIDE HOMEOWNER'S ASSOCIATION
On motion duly made by
, and on the votes hereafter recorded,
and seconded by
BE IT HEREBY RESOLVED, that the Frederick County Board of Supervisors hereby
approves the sale to Frederick County of that certain parcel of real estate described as certain
portions of Open Spaces "M", "L", "I", "G", and "J" consisting of 8,5724 acres of the Lakeside
Subdivision from the Lakeside Homeowner's Association, The Board hereby authorizes John R.
Riley, Jr., County Administrator, to accept said Deed by his signature on behalf of the Board of
Supervisors of Frederick County, Virginia.
ADOPTED, this 13th day of December 2000.
Richard C. Shickle
Robert M. Sager
Charles W, Orndoff, Sr.
Margaret B. Douglas
W, Harrington Smith, Jr.
Sidney A, Reyes
A COpy TESTE:
John R. Riley Jr.
Clerk, Board of Supervisors
RESOLUTION NO. 022-00
:M.ary L. C. (j)anie[
Attorney at Law
rrJiroinia 0 West rrJiroinia
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101 Sout/i Loudoun Street
'Wincliester, <Virginia 22601
540-678-4731
CPost Office CBoJ( 12
'Wincliester, <Viroinia 22604
Pa:(540-678-1819
November 30, 2000
HAND DELIVERY
John Riley
County Administrator
107 N. Kent 8t.
Winchester, VA 22601
RE: Deed from Lakeside Homeowners Association, Inc. to Frederick County, Virginia
Open Space "M," Open Spacc "L," Open Space "I," Portion ofOpcn Space "G,"
and Portion of Open Space "}"
Dear Mr. Riley:
Enclosed is the updated Deed for the above referenced matter. Please have the Board of
Supervisors review the Deed at their meeting in December, 2000. Larry Ambrogi and Jay Cooke
of the Frederick County Commonwealth Attorney's Office are drafting a rcsolution authorizing
you to accept the Deed on Frederick County's behalf. The resolution will be attached to the
Deed. The Frederick County Commonwcalth Attorney's Office has the plat which will be
attached to the Deed.
If anything else is needed or if you have any questions, please do not hesitate to contact
me. I remain,
Sincerely,
~~
Mary L. C. Daniel
Attorney at Law
MLCD/lf
Enclosures: Deed
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THIS DEED dated this __ day of
, 2000, by and
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8 between the LAKESIDE HOMEOWNERS ASSOCIATION, INC., a Virginia
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WHEREAS, the Grantor is an Association of Residential
Property owners, organized pursuant to the Code of Virginia,
~55-508 et seq; and
WHEREAS, the Grantor is the owner in fee simple of certain
real property described below and held as "common area" for the
members of the Association; and
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WHEREAS, the drantee'desires to obtain said real property
for the use and enjoyment of the residents of Frederick County,
Virginia, including but not limited to the members of the
Grantor association; and
WHEREAS, the Grantee has the right. through its powers of
eminent domain, to obtain use and title to the real estate; and
WHEREAS, in lieu of financial compensation. the Grantor
desires to voluntarily convey said property; and
WHEREAS, such conveyance has been approved by the members
of the Grantor Association as required by its Bylaws and by
This instrument was prepared WITHOUT BENEFIT OF TITLE SEARCH by Mary L. C. Daniel,
Attorney at Law, P.O. Box 12, Winchester, Virginia, 22604-0012.
Resolution duly adopted on
, a copy of which
is attached hereto and by this reference made a part hereof;
and
WHEREAS, the Grantor is expressly permitted to transfer
such common property to the Grantee as aforesaid, pursuant to
the Code of Virginia, ~55-516.2, upon signature of the
President of the Association; THEREFORE
WIT NESS E T H
That for and in consideration of the sum of Ten Dollars
($10.00), cash in hand paid, and other good and valuable
consideration, the receipt of which is hereby acknowledged, the
Grantors do hereby grant and convey, with General Warranty and
English Covenants of Title, unto the Grantee the following
described property located in Shawnee District, Frederick
County, Virginia (the "Property"):
All of that certain lot or parcel of real
estate described as a Portion of Open Space
"M," Open Space "L,", Open Space "I,"
Portion of Open Space "G," and Portion of
Open Space "J," consisting of 8.5742 acres,
as shown on that certain plat dated January
3, 2000, prepared by Marsh & Legge, Land
Surveyors, P.L.C., attached hereto and
incorporated herein by reference.
AND BEING a portion of the same real estate conveyed to the
Grantor herein by Deed dated the 15th day of November, 1996,
and recorded in the Office of the Clerk of the Circuit Court of
Frederick County, Virginia, in Deed Book 869 at page 1134.
This conveyance is made subject to easements, conditions
and restrictions of record insofar as they may lawfully affect
the Property.
'.
The County Attorney for Frederick County, Lawrence R.
Ambrogi, has seen and approved the format of the Deed and the
Resolution dated December
, 2000 by the Frederick County
Board of Supervisors authorizing John Riley, County
Administrator, to accept the Deed on their behalf, a copy of
which is attached hereto and by this reference made a part
hereof.
WITNESS the following signatures. and seals:
LAKi'lSIDE HOMEOWNERS
By
Michael T. Wilson
Its President
ASSOCIATION, INC.
(SEAL)
FREDERICK COUNTY, VIRGINIA
By
John Riley
Its County Administrator
(SEAL)
By (SEAL)
Lawrence'R. Ambrogi
County Attorne,y for Frederick County
STATE OF
CITY/COUNTY OF
The foregoing instrument was acknowledged before me' this
day of , 2000, by Michael T. Wilson, as
President on behalf of Lakeside Homeowners Association, Inc.
NOTARY PUBLIC
My commission expires:
STATE OF
CITY/COUNTY OF
The foregoing instrument was acknowledged before me this
day of , 2000, by John Riley, as County
Administrator on behalf of Frederick County, Virginia.
i:
NOTARY PUBLIC
My commission expires:
STATE OF
CITY/COUNTY OF
The foregoing instrument was acknowledged before me this
day of , 2000, by Lawrence R. Ambrogi, as
County Attorney for Frederick County.
NOTARY PUBLIC
My commission expires:
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