HomeMy WebLinkAbout12-04 DeedSURVEY PLAT DEED
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B 337, COMPANY, COMPA. INC. 8. IRS, 11
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400 BOUNDARY SURVEY
OF THE PROPERTY OF
JAMES E. ARDEYTH 0. BUTCHER
D.B. 810, PG. 1279
RED BUD MAGISTERIAL DISTRICT
FREDERICK COUNTY, VIRGINIA
SCALE: 1" 200' DATE: FEBRUARY 2, 2004
gilbert w. clifford associates
A DIVISION OF
PATTON HARRIS RUST ASSOCIATES
A PROFESSIONAL CORPORATION
CONSULTING ENGINEERING LAND SURVEYING PLANNING
117 E. PICCADILLY STREET, WINCHESTER, VIRGINIA 22601
(540) 667 -2139 SHEET '2 OF 2
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o RANDY A. STOIPERS y
No. 002342
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This Dood to made and data this "AD. day of
1492, by CAROL N. SWOOP, lens sofa, party of the first pert,
Grantor heroin, and JAMBS E. BUTCHER and ARDEYTH O. BUTCHER, his
wife, portloc of the second part, Grantees heroin.
WIT%ESSETNt That for and In consideration of the sum of
Ton Dollars (110.00), cash In hand paid, and other good and
valuable -onaideratlon, the rocoipt of all of which to hereby
acknowledged, the Grantor dons hereby grant and convoy, with
gemorol warranty of title, unto the Grantees, In tee simple, as
tenant° by the entirety, with right of ourvivorship as it common
law, all of thoes tea (2) certain tracts of land, together with the
rights, privilege*, improvements and appurtenances thereunto
belonging, located about three (3) odes oast of Winchester, in
621awnoo Magisterial Oiotrlct, Frederick County, Virginia, lying a
short way north of SOnsony Rood and oast of Groonwood Road,
dsacrlbed ao follomt
erect I woe deccrlbad by Mod of R000rd in the
Mice of the Clerk of the Circuit Court of
Frederick County, Virginia, In Coed Book 129
et Pogo 160 as containing twenty -nlna (27)
acme, two (2) roods and eighteen (10) poles
and described by Deed record in the Aforesaid dCllarki.°OfficelinyDaod
Book 117 at Page 366 es adjoining the lands, of
Eboroola,.Potor Seeman, and Jame Ferguson.
Trost II to described by Deed dated July 26,
1902, of mooed in the aforesaid Clerk's
0ffloo in Deed hook 122 at Pogo 517 as
beginning at 0 point in a road loading from
the Oorryvlllo Turnpike to Sansony Rood in the
llm ot the land ot Jame Ferguson, thonco in
Foramen'° lino east amen hundred eighty
l 1/2)
above, theme inline of Tract o
ract1tabove north
twelve (12) feet to tho lino of the land of
Sara J. Eboroolo, thence west in °ald
Ebaroole's line seven hundred eighty -elven and
one -hell (707 1/2) feet to mid road, thence
in lino with said road south twolvo (12) toot
to tho place of beginning (serving ao a moans
on ingraaa. and ogress from the afor000ld road
to Tract I).
4
Tho aforesaid tracts of land aro the some land cnrweye4
to tho Grantor as 11 4111216, by Deed dated October 13, 1•, tram
la3vetd T. Shoup, et us, of record in the aforesaid Clark's Office
to Deed Book 401 at Pape 650, and It is also the ammo land that waa
the °object of tho Contract of Sale from the Orent,,it to the
Grantees, data November 21, 1977, and recorded in the aforesaid
Clerk's Ottlea In Doed nook 534, Page 353. Reference is made to
all of the aforesaid records for a further and nova particular
description of the property hereby convoyed and a further
derivation of the title thereof.
Thls.conveyance is node subject to all easements, rights
of soy, end restrictions of rocotd affecting the subject property
and spoclfloally to that certain dood of trust Iron Edward T.
Shoup, to the Bank of Clarko County, S! at Trustees, datod
August 4, 1976, and recorded to tho aforesaid Clerk's Office in
Deed Book 442, Pogo 153.
This conveyance la foods in groom and not by tbo scro.
Tho Grantor covenants that she has the right to convoy
to mubjoct real estate to tho Greatcoat that the Grantees shall
have quiet and peaceable p00000elon of tho said property, Iroo from
all Llano and oncumbroncess and that sho will grant such further
aaauranosa of title ao nay bo roqulolto.
tt1Ttrall the following olgnaturo and meal.
OVA= OF VImmIVIA
CITY OF amalgam, to out
I, -MN ...C .1. a Notary Public In
and for tho State of Virginia at Largo, due horoby oortlfy that
CAROL, N. SUMP, whoa* nano to signed to the foregoing Deed boating
data onaftsa has acknowledged the sane before
se in lay State and City aforesaid.
2
114,41 m. (SEAL)
CAROL N.
Given under ■y
hand
this �11�L dny of
3
My Coati pp Ion ex pl rant �t' (,r„'
%:11r4rrn. Ffi aCII -7.; C0'./NtY,:Cr,
m4 imdru :1^, ^t cQ
1 *dronaon the E S O `oyt. .IGVraA.t 1. C:
OQ 9844 have beta
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12/93/93
1379 -NE
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MIS DEED or ThUST Is made and dnted this Ard dny of
December, 1993, by and between JAMES E. UUTClllil+ and AI PETI11 0.
BUTCHER, his wife, parties of the first part, hereinafter called
the Grantors, and E. EUGENE GUNTER, of Winchester, Virginia, pnrty
of the second part, hereinafter called the Truntna.
wI771ESSETII: That for and in consideration of ttia eua of
ONE DOL.IJIR ($1.00), O/ cash in hand paid by the wild Trustee to the
Grantors; on or before the delivery of this Deed of Trust, the
receipt Of which is hereby acknowlodgod, the Grantors do hereby
grant and convoy with general warranty of title unto the said
Truateo, in Yee pimple, together with all rights, privileges, and
improvements and appurtenances thereunto belonging, the following
described property:
All of those two certain tracts of land,
locatod about three miles Cast of wincheater,
In Shawnee Nagioterial District, Frederick
County, Virginia, lying a abort way North of
Sonaeny Road and teat of the Grosnway Road.
TRACT 1 was descrlbod by a deed of rocord in
tho office of the Clerk of the Circuit Court
ot Frederick County, Virginia In Died hook 129
at Pago 140 as containing 29 Acres, 2 roods
and 10 poloo and doscribod by dood dated March
6, 1919 of record in the aforesaid Clerk's
Office in Dood Soak 137 at Pago 364 as
Adjoining the lends of Ebecaole, Peter Naanan
and James Forguaon.
TRACT 11 described by deed dated July 26. 1902
of record in too aforesaid Clerks::: Office in
Deed Book 122 at Pago 517 an beginning at a
point in a rood loading from tho Berryville
Turnpike to Sonsony Rood in the line of the
lend of Jame Ferguson, thence In Forquaon's
lino Last 787S toot to (Tract 1 above), thence
in lino of (Tract 'I above) North 12 foot to
too lino of the land of Sara J. Ebersole,
then= Soot in paid Eborsolo'a lino 7$7, feet
to sold road, thane in lino said road South
12 foot to the ;deco of beginning (serving as
e moan of ingress and ogress trop the
aforesaid road to Tract I).
The foregoing two treats of land being the
sago land oonvoyed to the Grantors heroin by
Dead dated D000mbar 3, 1993, from Carol M.
1f1, of record in the aforesaid
Clerk's Ott co lnaodlotoly preceding this Deed
of Trust. Reforenoo is sado to the said Deed
for the s noro partiuular description of the
property heroin convoyed.
This conveyance to rondo subject: to all ennementn, rltht.a
of •way, and ro ictiono of record attactirtq the slat property.
1N TRUST HOWEVER, to secure payment to tho hoiden; of a.
certain bond of oven data herewith, in the principal cum of TWEt
FIV6 THOUSAND DOLLARS ($23,000.00), together with interest thereon
et the rata of tan percent (iO4) per annum. Internet will ho
payable monthly on the third (Ird) day of each month beginning on
January 1, 1994, and the principal of this bond, plus accrued
interest will tre and
payable one (1) your from date on
Docaab.r I, 1994.
Renewals and extensions of the foregoing debt aro
permitted.
2
This Deed of Truot Is executed and is to be construed in
accordance with all the provisions of S55-59 and 355-60 of the Code
of Virginia, and all amendments thereto, except as otherwise
provided herein.
Advertisements required: A single publication of notice
of oalo at leant fourteen (14) dsyo before the date of sale in any
newspaper of general circulation or published where the property is
located. Camaisslon of two and ono -half percent (211) of
Indebtedness due Trustoo If property advertised but indebtedness
paid before solo.
Starters shall have right of anticipation without
penalty. Exemptions valved subject to all upon default. Insurance
required against fire and other calanity in the amount of the
original l+a sae:urod hereby.
The holders of the indebtedness secured by thla Deed of
Trvot are hereby granted the power to appoint a aubatltuto Trustee,
or Trustee°, in accordance with the provisions of 326 of the
Code of Virginia in the event of tho resignation, death,
incapacity, disability, removal or aboonoe from tha state of a
Trustoei such substitute Trustee, or Trustees, obeli be designated
by inotrummnt duly oxooutod, acknowledged and recorded anong the
lai reco de where the
powers •if arlglnnl.ly nnmed kern
Tho property secured by thl nnod of Tronl- may not. La
conveyed to any other portion, fl rm or oorpornt 1011, wiUic,uU thsr
prior written consent of the honor l el nri en nod any (web convayancr.
shall be construed na n dofnult of the trust.
N9TICii1_T11E-17ED7• S REILLJERFIlY_ .12,iU
-iGJL'(:.1'._TU.S.'GLL_111
ruu.s -n1F TFUN 21EREQ mitt cnatiEiLin_rniLiztut.f. _.:;ALG_)l:
cvlATI/AMCB OI TRR PROPERTY ,SECwRFp 11ERFHY,
WITNESS the followlnq signatures and seals:
STATE OF VIRGINIA,
City of Winchester, to -wit: 1
1 }-ray t Cr�- .&.0 R.,rty,..,,, a Notary Public in and
for the State and City aforossld, Jo hereby certify that JAMES E.
BUTCHER and ARDErTN 0. BUTCHER, hie wife, whose names are signed to
the foregoing writing, dated Deccnbor 3, 1993, have porsonally
appeared before me and acknowledged the sane in my State and City
aforesaid.
Given order ay land this 3 day of 3ktrnw,2�, 1993.
NOTARY PUBLIC
Hy coaalaelon aspirant VAkr\;:.
fifiGIN7A:
IRE OCIUCKCOUNTY, XT.
Ih* a:wt.:1 Ord it bo wasi a$uced
Se ep '4' PIP
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[A ta'. 'r IIKI 0la 0nnlb.tld *OS
!XI d:..:nr v. r a.✓d.
CLERK j
p n. operty I;: lur:ntrnl 01111 :Th:11
n.
hn
AMES E. BUTCHE L)
AN YTIf 0. BUTCHER
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AI L DEED, made thin 10th day of Dac r, 1993, botwoun
C. C. LONGERBEAM, INC., a Virginia Corporation, of the ono
part, hereinafter called the Grantor, and CHHIu O. JENNINOD t/u
JENNIKIIS CONSTRUCTION, of the other pert, hereinafter called
the Granted.
Nl7'NE38ETH1 That in consideration of Ten Dollars (010.00)
and other valuable conaiddratlon,tha receipt of which is
hereby acknowlodgod, the Grantor does grant with general
warranty and, oxcopt as atatod below, English covenants of
title, unto the Grantee, in toe elnp10, the following described
property, to-wit:
All ot that certain lot or parcel of land, together
with tho improvondnts Uaroon and the ossoaento and other
appurtenances thereunto belonging, lying and being situate
in Shawnee naglstorlal District, Frederick County,
Virginia, and designated ea LOT 111, SECTION II, CARLISLE
HEIGHTS SGBDIViBIOM, as sham on the plat and survey of H.
Bnaco /Mona, C.1..8., dated January 19, 1909, attached to
and mode part of tho deed of dedication of said
eubdivlaioa, dated Juno 19, 1909, Bald deed of dedication
being ot record in the Office of the Clerk of the Circuit
Court of Frederick County, Virginia, in Deed Book 716, at
1ago 770, and the =untied deed of dedication of said
subdivlalon, dated. April 17, 1991 recorded in Dood Book
739, at Pago 3941 and being a portion of the oaao property
oonveyad to the Grantor heroin by deed of Charles' C.
1cngcrboam, at al, dated July 17, 1991, recorded in the
atoreoald Clork'o Ottloo in Dead Book 762, at Pogo 1307.
Reference to bore nada to the aforesaid plats, flood of
dedication, flood and the references contained tbdroin tor
a further and core particularly description of tho
praporty ooavoyd heroin.
This conveyance is made oubjoct to all duly recorded and
enforceable restrictions, reservations, eAtafl'mts and rights of
way.
OTTOMMO too following olgnaturo and pool:
C. C. I
y
OF VIRGINIA, AT LARGE,
City /&Bony of Vine •,lrr to
I, Ktlt Scr•navit a notary public in and for the State
and ttorosald, certify that r C{' bst j hmn, Ise whose
nape e� a 1 6h.,�1 A 1„ 1 of C. C. Longo rboao Inc., to oignod to
the foregoing fatting, dated Deoeaber 10, 1993, has
acknovlodgcd tho same before ma by and on behalf of said
corporation.
Givon under my hand this 10th day of Docdabor, 199L\
nyoearaisslonoxpiros .I,.h Ri. 1495
mon 1 Ote
w em=mast, sot
patl aNw w• to Ms hula M I NA O' I
101ht l y Cf Notary-1,031U
stl, ®aMMI ,e,aM�gyr Ny °�1 1
c�.1o• w a7N Awe Is 000 d a.ww4q:.
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