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Home My WebLink About14-04 Deed04 sr Prepared By. Walsh, Colucci, LobeIcy, Emrich Terpak, P.C. 4310 Prince William Parkway, Suite 300 Prince W,Iliam, Va. 21'91 Grantee's Address: PO Box 3276, Winchester, VA 22604 Consideration. s1,400,000.00 Tax Map No' 3S 212.0 ._55/'217- -A AND BEING part of the property conveyed to John J. Haggerty and Alice S. Haggerty, his wife, as tenants by the entirety, by Deed from Leonard C. Ellis and Esther P. Ellis, his wife, dated November 23, 1966, recorded February 26, 1968, in Deed Book 328, at page 16; John S. Haggerty died as evidenced by recital in Deed recorded in Deed Book 448, at page 131, leaving Alice S. Haggerty as the surviving tenant; Alice S. Haggerty conveyed an undivided one -forth (1/4) interest to John S. Haggerty and an undivided one -forth (1/4) interest to Edward D. Haggerty by Deed dated August 15, 1975, recorded August 18, 1975 in Deed Book 448, at page 131; Alice S. Haggerty died testate on January 5, 1993 and devised her interest in the subject property to John S. Haggerty and Edward D. Haggerty by her Last Will and Testament recorded in Will Book 1:05, at page 463; John S. Haggerty conveyed his interest in the subject property to John S. I- Iaggerty, SPECIAL WARRANTY DEED THIS DEED is made this t7 day of J'vla 2004, by and between Edward D. Haggerty and John S. Haggerty, as Trustee of the John S. Haggerty Revocable Trust and in his individual capacity, hereinafter, GRANTORS; and The Canyon, LC, a Virginia limited liability company, hereinafter, GRANTEE; WITNESSETH: That for and in consideration of the sum of Ten Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the said Grantors do hereby grant, bargain, sell and convey, with Special Warranty of Title, unto the Grantee as all that certain lot or parcel of land situate, lying and being in Frederick County, Virginia, and more particularly described as follows: See Exhibit "A" 0 crt CD Trustee of the John S. Haggerty Revocable Trust by Deed dated December 8, 2003, recorded January 13, 2004 in Instrument No. 04000543, all among the land records of Frederick County, Virginia. (AS TO PARCELS 1 AND 2) AND BEING the a portion of same property conveyed to Alice S. Haggerty, widow, as to a one -half (1/2) undivided interest, Edward D. Haggerty, as to a one -forth (1/4) undivided interest and John S. Haggerty, as to a one -forth (1/4) undivided interest; Alice S. Haggerty died testate on January 5, 1993 and devised her interest in the subject property to John S. Haggerty and Edward D. Haggerty by her Last Will and Testament recorded in Will Book 105, at page 463; John S. Haggerty conveyed his interest in the subject property to John S. Haggerty, Trustee of the John S. Haggerty Revocable Trust by Deed dated December 8, 2003, recorded January 13, 2004 in Instrument No. 04000543, all among the land records of Frederick County, Virginia. (AS TO PARCEL 3) AND BEING the same property conveyed to Alice S. Haggerty, John H. Haggerty and Edward D. Haggerty, as tenants in common, each as to a one -third (1/3) undivided interest, by Deed dated October 3, 1979, recorded October 3, 1979 in Deed Book 514, at page 601; Alice S. Haggerty died testate on January 5,1993 and devised her interest in the subject property to John S. Haggerty and Edward D. Haggerty by her Last Will and Testament recorded in Will Book 105, at page 463; John S. Haggerty conveyed his interest in the subject property to John S. Haggerty, Trustee of the John S. Haggerty Revocable Trust by Deed dated December 8, 2003, recorded January 13, 2004 in Instrument No. 04000543, all among the land records of Frederick County, Virginia. (AS TO PARCEL 4) Grantors do hereby reserve unto themselves and their successors in interest an ingress /egress easement across the said property hereby conveyed ("Property") serving all of that remaining property in Clarke County, ownership of' which is being retained by the Grantors. Such easement shall be an easement in gross across the Property until such time as a specific access is provided by the Grantee, as set forth herein, below. Such easement shall be sufficient to allow for vehicular access to the property in Clarke County retained by Grantors from any 9 0 cn 3 public street serving the Property, provided, however, that the inability of the Grantors to obtain permission to cross Opequon Creek shall in no way affect the conveyance made herein. In the event that Grantee develops the Property, Grantee shall provide public access easement over the Property from the property retained by Grantor in Clarke County, Virginia, to the street network, as the network may be approved by the appropriate governmental authority, and then over said streets to a public street or road serving the Property. If possible, such access shall not be located within any floodplain associated with Opequon Creek or within any wetland that may be subject to state or federal regulation. The exact location of such connection shall be mutually agreeable to both Grantors and Grantee, or their successors in title, and neither party's consent thereto will be unreasonably withheld, conditioned or delayed. In no event shall Grantee be required to construct any crossing of Opequon Creek or any public improvements on the Property in Clarke County retained by the Grantors. The Grantors shall bear the cost of constructing any access road over the easement hereby granted up to the point where it joins the street network of the Grantee mentioned herein. The reservations set forth above shall be construed as covenants running with the land, and shall continue in force and effect until access satisfying the conditions set forth above have been fully and completely satisfied. Upon full and complete satisfaction of the conditions set forth herein, Grantor or its successors in title shall execute such documents as are necessary to evidence the satisfaction of the covenants set forth herein. The above- described Property is conveyed subject to all rights of ways, easements and restrictions of record that legally affect the title to said Property. The Grantors covenant that it has the right to convey the property described herein and that the Grantors will execute such further assurances of the said land as may be requisite. 0 m 0 Witness the following signatures and seals: Edward D. Haggerty Commonwealth of Virginia M4sS.cM s4 //S County/C -it-of /H. o C)Iasex ,to -wit: cri op The foregoing Deed was acknowledged before me in my aforesaid jurisdiction by Ed Haggerty, Grantor, this ??r of TuJy 2004. My Commission expires: b/ 7 Pk Notary Public Lav/imre S. gen kir t John S. Haggerty, as Trustee of the John S. Haggerty Revocable Trust and in his individual capacity Commonwealth of-Virginia 45 A 11 Se#5 County/eisy of ,))!e5-ex to -wit: The foregoing Deed was acknowledged before me in my aforesaid jurisdiction by John S. Haggerty as Trustee of the John S. Haggerty Revocable Trust and in his individual capac Grantor, this A 7 Nay of J\.t I 2004. My Commission expires: It/, /U$ Notary Public c .#rent a S Bin's ✓a 4 -s EXHIBIT "A" PARCEL 1: All of that certain tract or parcel of land, together with the improvements thereon and appurtenances thereunto belonging, containing 111.505 acres, more or less, lying and being situate in Redbud (formerly Shawnee) Magisterial District, Frederick County, Virginia and being more particularly described on that certain plat and survey made by Thomas A. Shockey, L.S., dated October 20, 1978 and recorded in the Office of the Circuit Court of Frederick County, Virginia, in Deed Book 505 at Page 280. LESS AND EXCEPT that 5.000 acres, more or less as shown on plat attached to confirmation of plat and survey recorded in Deed Book 754, at page 1101, among the land records of Frederick County, Virginia. PARCEL 2: All that certain tract or parcel of land, together with the improvements thereon and appurtenance thereunto belonging, containing 5.000 acres, more or less as shown on plat attached to Confirmation of Plat and Survey recorded in Deed Book 754, at page 1101, among the land records of Frederick County, Virginia. PARCEL 3: All of that certain lot of parcel of land, together with the improvements thereon and the appurtenances thereunto belonging, containing 1,813 square feet, more or less, lying and being situate in Redbud (formerly Shawnee) Magisterial District, Frederick County, Virginia, and more particularly described as Parcel "B" on that certain plat of survey drawn by Thomas A. Shockey, C.L.C., dated January 11, 1979, and recorded in the Office of the Clerk of that C Court of Frederick County, Virginia, in Deed Book 506 at page 376. PARCEL 4: All of that certain lot or parcel of land, together with all rights, rights of way, privileges, improvements thereon and appurtenances thereunto belonging, lying and being situate on the eastern side of Route 820 in Redbud (formerly Shawnee) Magisterial District, Frederick County, Virginia containing 1,974 square feet, as shown on the plat and survey of Thomas A. Shockey, C.L.S., dated October 1, 1979, and recorded in the Office of the Clerk of the Circuit Court of Frederick County, Virginia in Deed Book 514, at page 601. 1:W'n4796%OD2\ Spec ial Warranty Dccd.aoc VIRGINIA: FREDERICK COUNTY, SCT. This instrument of uriting produced to me on o2CF'o and with certitutr ,d a: knoul:rl,em, ut I barch) .n na cJ was a dmitted is record. 1 militi ad ay Sec. 5a.1 -dot $li !Oo '�o and SS. I -N01 have been paid, if assessable de /9b/7'9r --v Ckrk 5 0 00 NJ 55((4))4A Alicia F. Lewis et ale DB 510 is 512 445'39'04 "E 64.54' N22'43'26 "W 71.78' co 55((A))210 Linden 0. Goldin L Adams DB 230 P9. 458 Zoning: RA in P. iz (o/ 55 ((A))211 Farm Partnership DB 789 Pg. 1022 Zoning: RA h, M Zoning: RA 4)0 8' SF ))P u—sn.p Farm Partnership DB 789 Pg. 1022 Zoning: RA -4 Co 0 0 89'01' 1 300.0 T COI c J r �f PROPOSED ROUTE 37 R/W 12.4888 Ac. T z 0 0 01 Co CO 889'011 "E e• m HAGGERTY PROPERTY PRELIM /NARY PLAT FREDERICK COUNTY, (9RC/MA 55((4))3 Michael E. McKee DB 691 Pg. 727 Zoning: RA 55 ((A))212A Jahn 5. Haggerty Edward 0. Haggerty OB 754 P9q. 1 01 we 105 rig. 1 Zoning: 5 000 RES co co 1 06.5573 55 ((4) 212 John 5. Haggerty Edward 0. Haggerty DB 754 Pg. 1101 WB 5 P 481 Zon RA 55((4))2 Aubrey T. Chodwell 08 823 Pg. 171 Zoning: RA e /A /15 N70'03'58 "E 1' 79.64' N56'28'47" 251.68 N29'18'41 "E 81.76' 'Q Q Ac. o AREA TABULATION 55((A))212 106.5573 Ac. 55((A))212A 5.0000 Ac. TOTAL 111.5573 Ac. orset d• 404(1)) con rz �)29bn, an i k— Winchester Nice Authority 'DB 600 Pg. 69 Zoning: RA N80'59'45"E 233.11' N19'38'38 "E 185.98' N74'S1'10 "E 316.84' N23'04'27 "E 138.09' N12'26'25 "W 349.23' 12((A))2 Wilbur M. Helen B. Feltner 08 112 Pg. 348 N09'20'10 "W 316.29' Zoning: RA 56((A))19 2 Frederick Winchester cp S\ DB 564 Pg. 414 6' A F N 09'30'54 "E 272.17' OTHER LANDS OF HAGGERTY CLARKE COUNTY, VIRGINIA N5621'S5 "W 132.63' 9 AQ. \A7• 2 cP. 0 �6, NS A._ 6 f� a j o r J 3 m gilbert w. difford associates, inc. Engineers Surveyors Land Planners Water Duality a division of Patton, Harris, Rust Associates, pc 117 E. Picadilly St. Winchester, Virginia 22601 VOICE (540) 667 -2139 FAX: (540) 665 -0493