HomeMy WebLinkAbout05-13 Tax Verification(00 : t1,Q- 1W9') 'W"Z : 0 L '£ 4 & '90/6,0;
Ln
THIS DEED"1S EXEMPT' rom the state recordation taxes:iinposed by Virginia Code , §5s.1 -801, pursuant.
to Virgi'niaCode, X5'.8.1- 8.1`1(A)(3) °
is made "this -14th day of January, 2009; by and
between CARPERS V AL EY DEVELOPMENT, Q L L.C., a. Virginia lirriited 'liability; company, and
GOVERNOR'S HILL, ,L.L.,C., A ` zginia:liinited liability company'(co11 ctively „°the "'Grantor ") and
THE WINCHESTER REGIONAL _4IRP0RT AUTHORITY a political, subdivision of the
Common- wealth of Virginia,( "G antee: ' ,
WHEREAS; :the Grantee is tl e°<owner of, the DVinchester Regional .Airport ( ";Airport "), located within
Frederick' County; Virginia;
WHEREAS! the Grantor 'i& the:6 e'riof .certain real: property, described to Exhibit A "
` l ERFAS' the zoriirib or-di'nance, 'of the County of Frederick requires `an aviga €ion, easement for any
properties that :are subdivided that lie; w��ith'in the airport support. area as shown in she zoning maps of the
County.; :and
WHEREAS, the - parties de-sire-to, set out the rights and responsil it lies of each relafed to the Airport.
NATITNESSETf :
Definitions.
As used herein:
' n Title ,14 orspace" means airspace iVcvz the minimum attitudes, of flight prescribed
The by regulations d navigable .at£ the Code of Federal Regulations {"CS'A. ') Part 77, including airspace
needed to ensure safety iii the iakeo`ff and, landing of aircraft.:
T40 .term "Property" shallyrz can tYie real. property' tocated ,in. Frederick County, Virginia, and more
p"articularly'described in.Ekhib'it'A, which -is attached hereto °and incorporated,herein'by this reference,.,
The.term "structure "° shall. mean ariy 'object, including a mobile object; constructed 'or. erected by
man;: including butnot lzn3teci to' buildings; °fotivers, communications towers; radio andytelev- i_sioii antennae,
cranes, smokestacks; earth,formations, overhead.,transmission lines.,and fl'agpol'es.-.
THAT' for and in consideration of the mutual benefits to the :panties hereto, the 'Grantor hereby
grants to the. Grantee a_ pernianent `avigation. easement across the Property, subject to 'the and
c.brditioris set forth herein .belb'w, aril ":in. accordance with the regulations established pursuant to Title 14„
C:F R. Part 77, to iXd
Z'd qS'M ZZ ;0b9 u}1ws 4E)IM 6 t :60 £.L 90 des
(00:- h0 -1W9) WV+Z n 21 90/60
C=)
�. N
cn
1. THAT the Grantor,, for itself, its heirs; successors and assigns, b ans unto Grantee for the benefit
of the public in the use and operation of the Airport, a right of the public and specifically, «�ithout.
limitation, owners, operators and occupants of aircraft to use the .navigable airspace over the Property and
for all said persons and entities to cause in the navigable airspace above the Property such light, sound;
.noise, smoke and vibration as may be:inherent in orrelated.to the operation of aircraft using said navigable
airspace for landing at, taking off from; or otherwise operating at or about the Airport.
2. THAT Grantor, for tself,,'its successors and assigns, and f6f, the benefit of the public in the use
and operation of the Airport and the airspace above the Airport; covenants and agrees that it will not use
the Properly; or permit any use of the Property; in a'manner that would constitute an obstruction to the
passage of aircraft using the navigable airspace above the Property for landing at, taking off from, or
otherwise operating at or about.the Airport, and that they will not use the, Property., or permit any use of the
Woperty, in a- manner, including casting of light into the airspace above the Property, which would present
a hazard to any aircraft using the navigable airspace above the Property for landing at, taking off from, or
otlierw se operating at or about the Airport.
I THAT Grantor for itself, its successors and assigns, covenants and agrees with the Grantee that
for the benefit or the public in the use and operation of 'the Airport, they will not hereafrer establish,
construct, erect or grow; or permit the establishment, construction, erection or growth of; any structure or
vegetation, whether natural or man -made, which would penetrate into or through the airspace of the Airport,
Further, Grantor acknowledges that no permit shall be obtained that -ould allow 'the establishment of or
creation of an airport hazard or a hazard to air navigation.. The issuance of a constriction permit shall be
deemed `to confirm that any improvements shown or refiected on the plans, associated with the permit do
not eonstitute;a hazard to either the airport or to air navigation.
4. THAT Grantor ntee that Grantor shall provide noise
Attenuation treatment for all residential structures its constructs within the Property.
5. Except as specifically provided herein, Grantor, for itself; its successors and assigns, hereby
releases Grantee from :anv and, all claims, liability or causes of action that they have or will have against
Grantee on account of noise emanating upon the Airport. now' or hereafter'tncidnt to the operation of aircraft
landing at, or, taking off from, the Airport.
'THE GRANTEE, TO HAVE- AND TO HOLD such easernent andL al ri "gl?ts appertaining thereto
under .he Grantee, its successors and. assigns, with the understanding and agreement that the covenants,
restrictions -arid agreements set forth.herein shall be biriding upon the successors iii interest and assigns of
the Grantee and Grantor, .:and that these covenants and agreements shall run with-the, land, unless and until
the Airport is,aliandoned- In the event,the Airport is abandoned this easernent'shall automatically teiminate;
and title to the Property, unencumbered by this easement and, the restrictions set forth' herein, shall
automatically revert to the Grantor or its successors in interest, as applicable, without the need of any
further action by the parties or their- successors.
2
£'d 9906'ZZL Otis ul!wsaewN e6� :60 £L 90 deS
Sep 061 H9:19a Miller Smith
0722 9655 p.4
[S9OVd -0I1?IAW-TIOd NO SaTrIIVKDIS1
:seas pUB sa -Tnjs4ts 5urAnoll0j auj SSHK.LIA'
N ^�
C
09/0:6/2013 10. :24AM (GMT- 04:00)
— .,(o0:,-h0-1w9) wu , 41Z 01. 2 l /90/60
R
L -A
C)
C-n
ME
CARPERS VALLEY DE'VTLOPfvlENTT- L.L.C.
By: MS Carpers Investors, L.L.C., Member Manager
By: Miller and Smiil►, Inc., Manager
By:
Narne, Charles F. St, Jr.
Title: Senior Vice President:
STATE OF VIRGINIA
COUNTTY'OF FAIRFAX
The 6rpgoi-ng instrument w.a& duly acknowledged beforf, me,thi& IL� � day of January, 2009, by
17 as 5&171-611- L/P of-Miller and Smith, Inc., Manager of IMS
Carpers 'Investors, L.L.C., Member Manager of Carpets Valley Development, L.•.C, on behalf of the:
company.
Nogry Public.
'My Commission Expires:, �/z
My Notary Re-istrationNurnber, is:
4
9`d 999&zZz ot's
ql!ws 'all! N eoZ: 60,C 1 go deS
(01 O:flo-iwo) Wuilz:OL 2 6 /90/'60
(G)VERNOWS HILL, L.L.C.
By: MS Carpers VAlley Investors., L.L.C., Member Manager
B Y, M Miller and --th, aiiaoer
,Bv:
Name: Charles.F. Sta Jr.
Title: Senior Vice.President
STATE OF VIRGINIA
COUNTY OF FAIRFAX
Cn
X-
The fOTegoing instrument was ,duly acknowledged before, mu, this: day of January, 2009, by
J as L/P of Miller and Smith,, Inc., Manager of MS Carpers Investors, L.L.C., the Manager 1 Of G01VCMOT'S Hill, - ' L.L.C., on behalf of the company.
, V
N(:Wary RubIllc
My �Commission Expires:
7CW4Gk Z,
'Pvly Notary Registration Number is.: - -
9'd 99968ZL Ot's qIPS)eIM 8OZ: 60 9.6 go deS
(0a.:t10 -1W9) wv -+hz:n 2If/90/60
O
N
C.JI
EXHIBIT A PROPERTY DESCRIPTION Cn
To the Deed of Easement and Restrictions between. Carpers Valley Development L.L' :C,., and
Governor's Hill L.L.Q. . (Grantor) and The Winchester Regional Airport-Authority (Grantee).
Property b'e'longing•to the, Grantor:
Tax Mqp Parcel 64 -A -83 consisting of 116.2509 acres established by instrument 406.0007880
Tax Map Parcel 64 -A -83A consisting of 14.242 acres established by instrument 4050027203
Tax Map Parcel 64 -A -84, consisting of 24.47:9 acres acquired on. February 13, 2008 from the
Mary K. Hochman Trust..
Tax Map Parcel 64 =A -85. consisting of .9183 acres acquired on February 13, 2008 from the Mary
K. Hockman Trust..
Tax.Map Parcel 647A -86 consisting of 107.4389 acres established by instrument #060003761
Tax Map Parcel 64 -A =87` consisting of 17:9745 acres established by instrument Y 070009451
This 1,vas °prcx1uccd to me oja
and �t i[i C r! 1; a , tc'no�Iclgemci�t thereto annexed
w<<s ad iiib;d tg. rccord. 1 ax imposed by sec. X8.1.802 of
S
and 8. ] -3Q1 Kaye been,padif assessable.
Clerk
L° d 8596 ZZL ovs ut!ws Jaim 8OZ:60 £ L 90 deS
(00;,+ 0 -1W9) WVi1Z :0 6 £ 6 90/60 •
C3
Cil
N
THIS, DEED IS EXEMPT from'the store recordation taxes imposed by Virginia Code §58.1 -801, pursuant
to Virginia Code §5:8.1- 8.1.1(A)(3).
THIS DEED OF EASENIENT ANTD RESTRICTIONS is made this 1.46 day of January, 1-009, by and
between CARDERS 'VALLEY DE'V'ELOPMENT, L.L.C., a Virginia limited liability company, and
GOVERNOR'S HILL, LL,C., A Virginia limited liability company (collectively, the "Grantor ") and
THE WINCHESTER- REGIONAL, AIRPORT AUTHORITY a political subdivision of the
Commonwealth of Virginia, ( "Grantee "),
WHEREAS, the Grantee i's the,,,owner of the Winchester Regional Airport (';Airport "), located within
Frederick County, Virginia;
WHEREAS the Grantor is .the °owner of certain real property, described to Exhibit A;
WHEREAS the zoning ordinance of the County of Frederick requires an avigation easement for any
properties that are subdivided that lie within the airport support' area as shown in the zoning maps of the
County; and
WHEREAS, the parties desire to set out the rights and responsibilities of each related to the Airport..
WITNESSETH:
Defies
As used herein:
The tern "navigable 'airspace" means airspace above the minimum altitudes of flight prescribed
by regulations under Title 1.4 of the Code of Federal Regulations ( "C.F.R. ") Part 77, including airspace
needed to ensure safety in the takeoff and landing of 'aircraft.
The term "Property" shall mean the real property, located_ in Frederic!: County, Virginia, and more
particularly 'described in Exhibit A, which is attached hereto and incorporated herein by this, reference.
The term "structure shall' mean' any objectt including a mobile 'object; constructed or erected by
man, inc luding.but not lire ited`to: buildings, towers,, communications towers':, radio and television antennae,
cranes,; smokestacks, earth .formations, overhead'transmission lines; and flag poles:
THAT for .and in consideration. of the mutual, benefits to the parties, hereto, the Grantor .hereby
grants to the.. Grantee a permanent avigation easement across the Property., subject to the terms and
conditions set forth herein below,, and in:accordance with the regulations established pursuant to Title 14,
C.F.R..Part 77.; to"Aiit;
Z'd 9996 Zu,ov9 4LUS J -9111W e6�:60 E190 deS
r
(00:tI0 -1W9) W" -Z; :Ot £/90/60
c�
N N
ch
1.. THAT the. Grantor,. for itself; 'its heirs, successors and assigns, grants unto Grantee for the benefit
of the public in the use and operation of the. Airport, a right of the public and specifically, without
limitation, owners, operators and occupants of aircraft to use the navi',& airspace over the Property and
for all said persons: and entities to cause in the navigable airspace above the Property such light, sound,
noise, smoke and vibration as maybe inherent in, or related to the operation of aircraft using said navigable
airspace `for landing at, taking off from, or otheruvi'se operating at or about - the Airport.
2. THAT Grantor, for itself, its successors: and assigns; and for the benefit of the •public in the use
and operation of the Airport and the airspace alcove the Airport, covenants and agrees that it will not use.
the Property, or permit any use of the Property, in a manner that would constitute an obstraction to the
passage of aircraft using the navigable airspace above the Property .for landing at,, taking off from; or
otherwise operating at or about the Airport, and that they will not use the Property, or permit any use of the
Property, in a manner, including _casting of light into the airspace above tlie.Property, rA'hich would present
a hazard to any aircraft using the navigable airspace above the Property for banding at, taking oft from; or
otherwise operating.at,or'about the Airport.
3. THAT Grantor foritself,..'its successors `and assigns, covenants and agrees with the Grantee that
for-the benefit of the public in'the .use:and operation of the. Airport, the- will not hereafter establish,
construct, erect or grow, or permit the establishment, construction; erection or growth of, any structure or
vegetation, whether natural or rnan -made, which. would penetrate irto or through the airspace of the ;4irport,
Further; Grantor acknowled ges that no permit shall be obtaine4 that would allow the establishment of or
creation of an airport hazardor a hazard to air navigation. The issuance of a construction permit shall be
deemed to confirm that any improvements shown or reflected on the plans associated with the permit do
not constitute a hazard to either, the airport or to air navigation.
4, THAT Grantor covenants :and agrees with the Grantee that Gratitor shall provide noise
attenuation treatment for all residential structures its constructs within the Property.
5. Except as specifically provided hereir., Grantor, for itself, .its successors and assigns, hereby
releases Grantee from any and all Claims; liability or causes of action that they have or will have aeainst
Grantee' on account of noise emanating upon the Airport now or hereafter incident to the operation of aircraft
landing at, or taking off from, the Airport:
THE °GRANTEE TO 14AVE AND TO HOLD such easement and all rights appertaining thereto
under, the Grantee, its ,successors and assigns, with the understanding and agreement that, the coven<nts;
restrictions and agreements set forth Herein shall be binding upon the successors in,interest and assigns of
the. Grantee and Grantor, and that these covenants and agreements shall run with, the land, unless and until
the Airport is abandoned. Ii2theevent the Airport is abandoned this easement shall'autornatically terminate, -
and title to Ahe. Property; unencumbered by this easement and the restrictions set forth herein, shall
automatically revert to the Grantor or its successors ,in interest, as app.ljcable, without the need of any
.further action byth'e parties or their successors.
2
£'d 9996 ZZL OV9 gw—js aelllW a6 � :60 0 L go deS
C:00:fi0' -1WE)) wu fiZ:0L Z/90/60
m
L�
C)
N
v7
N)
`'VITNESS the following signatures and,scals:
[SIGNATURES ON FOLLOWING PAGES]
t,'d 9996ZZL,Otf9 RwsJ91M e6 L:60'£'L90deS
u I 0.:.ii10-11Ww WV-hz:OL '20/90/60
CAMPERS VALLEY DEVELOPMENT, L.L.C.
By: MS C4rpers Investors, L.L.C., . Member Manager
By Miller and Smith; Inc., Manager.
By:
Nat
Title: Senior Vice President
C-n
W
STATE OF VIRGINIA
COUNTY OF FAIRF AX.
1q' day of January; 2009, by
'go 'edged before, me this January; The for "duly acknowl Inc., Manager of MS
as (,P of Miller and STnitb,
Carpers Valley De,%,,elopment, L.L.C, on behalf of the
Carpers Investors, L.L.C., Member Manager of
company.
T14ofkry Public
My Commission Expires:
My Notary Registration Number is:
4
9'd 9996 ZZL M
q1!wS J01HIN cOZ:60 C l 90 deS
E00:'+ 071WW Wd+tz : 0 6 £/90/60
�.,
CD
PO
U't
GOVERNOR'$' HILL, L.L.C.
By MS Carpers Valley Investors, L.L.C:;.Member Manager
By: Millyandq h, Nlanagei
Bv:
Name: Charles F. Stu Jr.
Title: Senior V.ice.President
STATE OF VIRGINIA
COUNTY OF FAIRFAX
The forgoing instrument was duly acknowledged before me `this f °f day of January, 2009, by
as VP �of Miller and Smith, .Inc., Manager of MS
Carpets Investors, L.L.C., the Manager of Governor's Hill, L.L.C., on behalf of the company.
u.c, 4 s--
NcVary Public
my Commission Expires:
My Notary,Registration Nuinbevist' 7011(ok Z,
5
9'd 9596 ZZL OtG
4i0S aelm eoZ:60 £ 6 90 deS
co0::-h0--L!w0) 'Iwl +,Z': n
£4f/90/60
EXHIBIT A PROPERTY DESCRIPTION
O
cn
To the Deed of Easerntat and Rest6ctions between Carpets, Valley Development L.L.C., and
Governor's -Hill L.L-.,,C. (Grantor) and The Winchester Regional AitpqrtAuthority (Grantee).
Property belonging to the Grantor:
Tax Map I Parcel 047A-83 consisting of 11-6.25 09 acres eslablis hed by, instrument #060007880
I 64-A43A consisting' of 14.242 Acres est,�-blishcd by instrument 9050027203
Tax Map Parce -
Tax Map Parcel 64TA--.84 donsisting-; of 24.4739 acres acquired on February 13., 2008 from the
Mary K. Hoclunan Trust.
Tax Map Parcel 64-A-85 -consisting 6f.91 83 acres acquired on February 13 ), 2008 from the Mary
K. Hockman Trust.
Tax Map Parcel 64-A-86 consisting of 1,07.4'389 acres established by instrument 060003761
Tax Map Parcel 64-A-87 consisting of 17.9745 45 acres established by instrument * 070009451
was PrLvj uccd to me on
at
cLo!l,'cate ac�nj)A-jcjg, keto annexed:
d'
LI(i fni fti�d Tu imposed 6y Sec. 5&1-8 1 02 of
aad"158.-L-801.have beenpaid, ifassessable.
ceQ t" Clerk
Lld 9996 Zzi OV9 Ows jelim s0Z:60 C l 90 deS