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HomeMy WebLinkAbout04-05 DeedDC -t9 5416 COPE DES:RIFTION 301 DEEDS COMMONWEALTH OF VIRGINIA 'FFIEIA RECEIPT FREDERI_ LIRCOIT COURT DEED RECEIPT DATE: 11'16/62 TIME: 13:ON:49 ACCOUNT: O69CLRS303707 RECEIPT: 86000013363 CASHIER; RFH REn WN17 TYFE: DIPED PAYMENT: FULL BY PERS CHECK IN.TRUMEN+. 9908 BUDI: 699 PAGE: 269 RECORDED 11/16/88 AT 12;02 GRANTOR, NAME BOW INC GRANTEE NAME `cf3W INC. AND ADDRESS RECEIVE: OF DOW 1NE FINIi V, Ct E M N k 6 SHAWNEE DISTRICT CONSIDERATION ASSUMPTION: .00 R MA: CLERF PAID CODE DESCRIPTION PAID TOTAL TENDERED TOTAL AMOUNT PAID: TOTAL CHANGE AMT :L CPT. GEORGE B: WHITACRE 40.0 40,00: .LIERSO]. LARRICK I..,R R1CR +CIIICHTRR. VIRGINIA 1 BK6 98FG36 1 DEED OF SUBDIVISION AND DEDICATION THIS DEED OF SUBDIVISION AND DEDICATION, made and dated this 7 day of 1\1pv9,' 1)P4' 1988, by and between BGW, INC., a Virginia Corporation, its successors or assigns, party of the first part; COUNTY OF FREDERICK, VIRGINIA, party of the second part; JAMES R. LARRICK, JR., Trustee, party of the third part; and FARMERS AND MERCHANTS NATIONAL BANK, Benefici- ary, party of the fourth part. W I T N E S S E T H: WHEREAS, BGW, Inc. is the fee simple owner of the real estate shown on the attached subdivision plat drawn by Greenway Engineering and Surveying Co., Inc., dated M A[ch 3 I q 38 known as GLENMONT VILLAGE, SECTION SIX which real estate is a part of the development known as GLENMONT VILLAGE as described on the Master Development Plan for Glenmont Village on file in the Frederick County Depart- ment of Planning and Development. The real estate subdivided herein is a portion of the real estate conveyed to BGW, INC., by deed dated May 15, 1984, from William M. Battaile and Virginia B. Battaile, his wife, and Richard U. Goode and Joan N. Goode, his wife, which deed is of record in the office of the Clerk of the Circuit Court of Frederick County, Virginia, 1 a JEI{SON. LARI%ICK LARRICK ,CICUSTER. V11107,41/. 9 6K693PG370 in Deed Book 576 at Page 451 and, WHEREAS, James R. Larrick, Jr., Trustee, party of the third part; and FARMERS AND MERCHANTS NATIONAL BANK, Benefici- ary, party of the fourth part, desire to join in the sub- division and dedication of said property for the purpose of releasing their lien as to the property subdivided and as to the common or open areas as shown on the plat. NOW, THEREFORE, this Deed of Subdivision and Dedication WITNESSETH: THAT FOR AND IN CONSIDERATION of the sum of Ten ($10.00) Dollars and other good and valuable consideration, receipt of which is hereby acknowledged, the parties do hereby subdivide the said parcel of land into GLENMONT VILLAGE, SECTION SIX, containing twenty -eight (28) lots according to the subdivision plat dated M ngc/l 3 [ffl made by Greenway Engineering and Surveying Co., Inc., which is attached hereto and made a part hereof, and which plat is drawn in conformity with the Master Development Plan for Glenmont Village on file in the Frederick County Department of Planning and Development, the same to be known hereforth as GLENMONT VILLAGE, SECTION SIX and do hereby grant dedicate for public street purposes that land shown on said plat as public streets designated Glenridge Drive, declaring that said subdivision and dedication is made with their free consent and in accordance with the applicable state and county statutes and ordinances. This plat of [JERSON. LARRICIC LARRICIC rTO NNE'. V AT LAM .4CLIESTIEP, VIRGINIA subdivision and dedication has been duly approved by the proper authorities on the County of Frederick, Virginia, as is evidenced the signatures affixed hereunto. WHEREAS, said real estate has been subdivided into lots as shown on the plat which shows accurately the metes and bounds of the subdivided land, together with the dimensions of each lot thereof and this plat or a former plat also shows that certain common or open space area which is to become the property of the GLENMONT VILLAGE ASSOCIATION. BGW, INC., its successors or assigns, reserves the right to limit the use of the common or open space areas contiguous to Section Seven, Glenmont Village, as the same appears on the master plat of Glenmont Village on file with the Frederick County Department of Planning and Development, to those persons and their invitees and guests, occupying the housing constructed in that section. The party of the third part, and party of the fourth part hereby release and discharge from the lien of their deed of trust the land designated common or open space area on the plats of SECTION SIX, GLENMONT VILLAGE. Every person or entity who is now or who becomes the record owner of a fee simple interest, undivided or not, in any subdivided lot, in this or any present or future dedicated section of real property known as GLENMONT VILLAGE shall, by acceptance of the deed or otherwise, become a member of the GLENMONT VILLAGE ASSOCIATION. Excluded from membership and 30398PG371 3 CUERSON. LARRICK LARRICK •TTOR.E TS AT LAW a assessment are entities who hold an interest merely as security for an obligation and /or the Commonwealth of Vir- ginia, acting through any of its agencies or authorities; the County of Frederick, or any of its agencies or authorities, the United States of America, acting through the Farmers Home Administration, Veterans Administration or Federal Housing Administration or any other agency, administration or authority. Each member of the ASSOCIATION shall be entitled to one vote for each lot in which they hold the interest required for membership in the Association. When more than one person holds such interest in any lot, all such persons shall be members. The vote for such lot shall be exercised as they among themselves determine, but in no event shall more than one vote be case with respect to any lot. In the event of a dispute as to the ownership of any lot, the Frederick County real estate tax roll shall control. The affairs of the ASSOCIATION shall be managed by a board of three directors who are elected by the members of the ASSOCIATION. So long as BGW, INC., owns any lot or land shown on the master development plan for GLENMONT VILLAGE, its directors shall be eligible to serve as directors of GLENMONT VILLAGE ASSOCIATION. The initial board of directors of the ASSOCIATION shall be the directs of BGW, INC., who shall serve until they resign or until their successors are elected at an annual meeting of the a 698°c372 ASSOCIATION. 4 :IiERSON. LARRICIC LARRICK INOHOPTER. VIROINL\ i BGW, INC., covenants for each lot it then owns in any present or future dedicated section of GLENMONT VILLAGE to pay to the ASSOCIATION the annual assessment fixed by the ASSOCIA- TION's Board of Directors for that year only. By the accep- tance of the deed or other form of conveyance (will, intes- tacy, or otherwise) each lot owner of any lot within any present or future section of GLENMONT VILLAGE shall become a member of the GLENMONT VILLAGE ASSOCIATION, or its successors or assigns, and shall be deemed to covenant with the ASSOCIA- TION to pay to the ASSOCIATION the annual assessment fixed by the ASSOCIATION when it is due. Membership in the ASSOCIATION shall be appurtenant to any may not be separated from the ownership of any lot subject to assessment. The initial and subsequent assessments provided for herein shall be at a uniform rate for each lot. The initial assessment is $30 per lot per calendar year beginning January 1, 1989, due and payable March 31 of each year for the year in which the assessment is made and shall continue in that amount until changed by the Board of Direc- tors as set forth herein. It is due from the record owner(s) of each lot as of December 31 of the year preceding the assessment and shall be the personal obligation of the lot owner(s). From and after January 1 of the year immediately follow- ing the conveyance of the first Lot to an Owner, the maximum annual assessment per lot may be increased above that set DK 533°G373 5 OERSON. LARRICK LARRICK VoH :EVS AT LAW 4cHL WIND. VILUIHIA J forth hereinabove by a vote of the members, for the next succeeding year, provided that any such change shall have the assent of two- thirds (2/3) of the votes of members who are voting in person or by proxy, at a meeting duly called for this purpose by the Board of Directors. Written notice of the meeting shall be mailed to the lot owners at their addresses on record with the ASSOCIATION not less than thirty (30) days nor more than sixty (60) days in advance of the meeting, which notice shall set forth the purpose of the meeting. After consideration of current maintenance costs and any special needs of the ASSOCIATION, the Board of Directors shall fix the annual assessments in an amount not in excess of the maximum annual assessment as fixed by the members. The initial annual meeting shall be called upon request of 50% of the members of the ASSOCIATION or within one (1) year of the date of recordation of the Deed of Dedication, whichever shall first occur, and upon thirty (30) days notice. Presence at the meeting of members or of proxies entitled to cast sixty -seven percent (67 of all votes shall constitute a quorum. If the required quorum is not forthcoming at any meeting, another meeting may be called, subject to the notice requirement set forth herein and the required quorum at any such subsequent meeting shall be two thirds (2/3) of the required quorum of the preceding meeting. No such subsequent meeting shall be held more than sixty (60) days following the preceding meeting. BK698PG37 ►E 6 a1)ERSON. LARRICK LARRICK ..iTOM1YKT9 AT LAW INCHEATK R. V.IIOIWZA BK698Pc37• The ASSOCIATION will, upon request at any time, furnish a written certificate signed by an officer of the ASSOCIATION, setting forth whether or not the assessments on a specified lot have been paid. A reasonable charge may be made by the Board for the issuance of the certificates. Any assessments which are not paid when due shall be delinquent. If the assessment is not paid within thirty (30) days after the due date, the assessment shall bear interest from the date of delinquency at the rate of ten percent (10 per annum, and the ASSOCIATION may bring an action at law for judgment against any owner personally obligated to pay the same and recover interests, costs and reasonable attorney's fees on any such action which shall be added to the amount of the assessment. No owner may waive or otherwise avoid liability for the assessments provided for herein by non -use of the common or open space area or abandonment of his lot. The lien of the assessments provided for herein shall be subordinate to the lien of any mortgage or deed of trust now or hereafter encumbering any lot. The sale or transfer of nay lot shall not affect the assessment lien. However, the sale or transfer of any lot which is subject to any deed of trust, pursuant to a foreclosure thereof, shall extinguish the lien of such assessments as to payments thereof which became due prior to such sale or transfer. No sale or transfer shall relieve such lot from liability for any assessments thereafter becoming due from the lien thereof. 7 1)ENSON. LARRICK LARKICK TORN': TS AT LAW 1`i CHRRTISR. VIRGINIA a The ASSOCIATION shall have the right to suspend the voting rights and the right to the use of the open or common area by a member or his relatives for any period duting which any assessment against his lot remains unpaid; and for a period not to exceed thirty (30) days for any infraction of its published rules and regulations. Lot ownership shall be the sole qualification for membership in the ASSOCIATION. The ASSOCIATION shall have the right to dedicate or transfer all or part of the common or open space area to any public agency, authority, or utility for public purposes. BGW, INC., reserves unto itself, its heirs and assigns the right to create future easements in the cOmmon or open areas and the right to erect and maintain electric and telephone poles or facilities and sewer, gas, water, drainage or television lines or cables along existing roadways or rights of way or to grant similar easements or rights of way there- for, with the right of ingress and egress for the purpose of erection or maintenance on, over or under a strip of land fifteen (.15) feet wide at any point along the side, rear or front property lines of any lot or tract in the subdivision, including the right to grant such easements to others. The ASSOCIATION, its successors or assigns shall have the right to enforce, by any proceeding at law or in equity, all restrictions, conditions, covenants, reservations, liens and charges, now, or hereafter, imposed by the provisions of this document. Failure by the ASSOCIATION, its successors or 1 or G38FC37 1 8 tOERSON. LARRICK LARRICK rTONNCtw AT LAW I.NCILEBTRB. VIRGINIA assigns, to enforce any covenant or restriction herein contained shall in no event be deemed a waiver of the right to do so thereafter. Invalidation of any one of these covenants or restric- tions by judgment or court order shall in no way affect any other provision which shall remain in full force and effect. The above covenants are to run with the land and shall be binding on all parties and all persons claiming under them for a period of ten (10) years from the date of the Deed of Subdivision and Dedication and these covenants shall be automatically extended for successive periods of ten (10) years unless an instrument signed by seventy -five percent (75 of the then owners of the lots is recorded changing these covenants in whole or in part. BGW, INC., reserves unto itself, with the consent of the Frederick County Department of Planning and Development or its director, the right to modify, alter or amend its master development plan for GLENMONT VILLAGE as now on file with the Frederick County Department of Planning and Development. WITNESS the following signatures and seals: 1 1 6X698PG377S By: 9 BGW, INC. l i� `LL eet r j rY //{'6 SEAL) William R. Ward, Jr. Vice President COUNTY OF FREDERICK By: "It Gwc =cZu (SEAL) rERSON. LARRICR LARRICK RURNNTY AT L■W INCH RHTRR, VIRGINIA 4 BX693PB378 STATE OF VIRGINIA, AT- LARGE, CITY /COUNTY -OF (�i y ;s to -wit: The foregoing instrument was acknowledged before me this /Q)/)day of 'y 6712- ry 19E8, by William R. Ward, Jr. Vice President of BGW, Inc. My commission expires q`) c h 7 4 I'M Notary Public STATE OF VIRGINIA, AT-LARGE, CITY /COUNTY OF.•_(4('.,"/ Q!\' to -wit: this 1 FARMERS MERCHANTS NATIONAL BANK By: 1/..--/ i.._ (SEAL) M. Leh" Bgppe, Execuive Vice President The foregoing instrument was acknowledged before me day of (U 1988, by (Ski 1 1 1 -1; k /L Executive for the County of Frederick. My commission expires •f/7p 'TEL l Notary Public 10 (SEAL) Jame R. Larrick, Jr., Tutee 1)ERSON. LARRICK LARRICK .•ITOHNEYN AT LAW INCIIFNTNR. VIRGINIA this /0 day of 4 BK698F6379 STATE OF VIRGINIA, AT- LARGE, CITY /C- OUN4 ---Y- OF i'!lai te to -wit: The foregoing instrument was acknowledged before me this /OYfj day of ZE2tit /Lt t' 1988, by James R. Larrick, Jr., Trustee. My commission expires 747/. q, 196 Not Public/ STATE OF VIRGINIA, AT- LARGE, et Y /COUNTY D_D_�%� to -wit: The foregoing instrument was acknowledged before me 1988, by M. Lee Boppe, Executive Vice President, Farmers 070/1-Lt Merchants National Bank. My commission expires /0 /990 11 Notary Public :PERSON. LARRICIC LARRICK t'TORNEYS AT SAW INCIIESTKP. VIROISIA WHEREAS, by Deed of Dedication recorded in the Clerk's Office of the Circuit Court of Frederick County, Virginia, the subdivision known as was duly dedicated, platted and recorded, and WHEREAS, it is the desire and intention of the owners of said land, BGW, INC., to impose certain covenants, reserva- tions, restrictions and easements upon Section Six, Glenmont Village, NOW, THEREFORE, the declarant, BGW, INC., does hereby impose upon the said subdivision the following covenants, reservations, restrictions and easements, all of which shall run with the land, as follows: No house, building, fence, wall, structure, or addition thereto shall be commenced, erected or maintained upon any lot within the subdivision, nor shall any addition be made until the plans and specifications showing the nature, kind, shape, height, materials, and location of the same shall have been submitted to and approved in writing by BGW, INC. After the lot has been conveyed to an owner by BGW, INC. and the initial home has been approved by BGW, INC. and built as approved, then by the Board of Directors of the Glenmont Village Association, or the architectural committee thereof shall have the approval- authority. The entity to whom the plans and specifications are submitted shall either approve or disapprove the same within 30 days from receipt. If not disapproved within 30 days from date of receipt they shall be deemed approved. 1. No lot, other than open space lots, shall be used except for residential purposes incidental or accessory thereto. The declarant, a builder, developer or realtor may maintain a model home or sales office within any section of 1 B G98PG380 DECLARATIONS OF COVENANTS AND RESERVATIONS GLENMONT VILLAGE SECTION SIX GLENMONT VILLAGE, SECTION SIX ARTICLE I ARCHITECTURAL CONTROL ARTICLE II PROTECTIVE COVENANTS AND RESTRICTIONS 12 ✓RRSON. LARRICK LARRICK ZTORNKI'6 AT LAW :�C1169T6 R. \IROINIA 0- Bx693PG3d I 1 Glenmont Village for sales of homes being constructed in Glenmont Village. Any home occupation approved as an accessory use by the appropriate Frederick County ordinances and duly authorized by the appropriate County agency is a permitted use on any lot. 2. No clothing, laundry or wash shall be aired or dried on any lot in any area other than in the rear yards of a lot. 3. No tree, hedge or shrub planting shall be maintained in such manner as to obstruct sight lines for vehicular traffic. 4. No noxious or offensive activity shall be carried on upon any lot, nor shall anything be done thereon or permitted to remain on any lot which is or may become a nuisance or annoyance to the neighborhood. No exterior lighting shall be directed outside the boundaries of a lot. 5. No sign of any kind larger than one foot square shall be displayed to the public view on any lot, except temporary signs not nor than five feet square in area advertising the property for sale or rent and except for temporary signs erected by BGW, INC., or any builder or developer in connection with the construction, lease, or sale of homes or lots. Subdivision identification signs are permitted. 6. No horse, pony, cow, chicken, pig, hog, sheep, goat or other domestic or wild animal shall be kept or maintained on any lot other than common household pets. No commercial kennels are permitted. 7. No trash, garbage or other waste material or refuse shall be placed or stored on any lot except in covered sanitary containers placed to the rear of the lot at least five (5) feet from any lot line. All waste containers shall be kept in a clean and sanitary condition and emptied regularly. 8. The Glenmont Village Association shall have the right, (upon 20 days notice by mail to the owner of the property involved, setting forth the action intended to be taken, if at the end of such time such action has not been taken by the Owner) to enter upon the property involved and to repair, restore, or maintain the lot or the exterior of any building erected thereon; and to cut or remove grass, weeds and rubbish from any lot so as to keep all lots neat, in good order and in comparable condition with the appearance of other lots and improvements within Glenmont Village, all at the cost and expense of the owner. The costs and expenses are to be paid to the Association upon demand and if not paid within ten (10) days thereof, then shall become a lien upon the property affected, equal in priority and enforceable in the same manner as the assessment lien provided in the recorded Deed of Dedication and inferior to the liens of any deeds of trust. 9. No abandoned motor vehicles will be permitted on any 1 13 UERSON. LARRICK LARRICK .NCIIBNTNN. \INGZNrA 0 1 EX698PG lot or in any street or parking area. For this purpose, an abandoned motor vehicle is defined as one which either bears an expired license plate or none at all. 10. No structure of a temporary character, trailer, basement, tent, garage, or other outbuilding shall be used at any time as a residence, either temporarily or permanently. All exterior construction of any dwelling, outbuilding, or other structure must be completed within twelve (12) months after construction is commenced unless extended by the Association. 11. No owner shall erect any structure within, or otherwise obstruct, any easement across his lot, nor divert or otherwise interfere with the natural flow of surface water, nor obstruct any drainage ditch. 12. Declarant reserves easements for installation and maintenance of public utilities within the building restric- tion lines of all lots in addition to easements reserved by any other instrument duly recorded. 13. The covenants, restrictions, and other provisions of this Declaration shall run with and bind the land for a term of twenty (20) years from the date this Declaration is recorded, after which they shall be automatically extended for successive period of ten (10) years. This Declaration may be amended by an instrument signed by not less than seventy -five percent (75 of the lot owners of any par- ticular section of Glenmont Village. IN WITNESS WHEREOF, the said BGW, INC., being the Declarant herein, has caused this Declaration to be signed by its Vice President, this /C fi day of >L(Zvi&x &e 1988. STATE OF VIRGINIA, AT- LARGE, CITY /CGUNTY- OF M-,k ic,- 1 to -wit: The foregoing instrument was acknowledged before me this AfA6 day of jLaZ .:.-,„Cwv, 1988, by William R. Ward, Jr., Vice President of BGW, INC. My commission expires t ri N pv Ix (2(k.)L. Li E- 7i <i 7 Nota PubliC 14 BGW, INC. f� �j By: 21 LGG� t //L °/4&' (SEAL William R. Ward, Jr. Vice President ;.'O/NM 0// ,PE 4 N I. V k kJ 71 C0.7'IMOZ' ti',PCA F_'J C/,° DATE: FEBRUARY 26, 19861 SCALE I GLENMONT VILLAGE SECTION SIX GREENWAY ENGINEERING AND SURVEYING CO.,INC. ROUTE 6 BOX 152 C WINCHESTER, VIRGINIA 2 2 601 103 S,S c N 8/ 83 74( DO" ,N 7 N .02'3000 DL 1 8K6 98[ ,/t.: CO.i; m O;L 4 4 ii S 2 0c) W 22'782 8; Lt7S 102 0, 36✓ N /✓02'.30 22982' 7u 00' 101 /0 360 0 O t N 2S 2/' 4 C 4 S,',P /CT /ON L /4/E 7U 00' G ENS 6`£ 2 58 00 /20 00 25 BU /LO /NG ,PES,274/CT /0/1/ L /01/E` 9, <'32 0 c714,22,PT L/aNO 77 84 0 0 +LTH OF c H. BRUCE EDENS CERTIFICATE No. Y 54.173 (a)965 c' 54.173 (b)162 f A U LAND J` S //EST 3 OF 7 1 68 78 /O 3 /f St 1 0( 28 BS /v: 97 8 6 9 2 0 fn o a 6,S3 96 S39 0 0 /4: 00 COh1M0/04,PEAS /X BX698PG ZS c -41 BED'. Z :vo 74' 00 74 00 S 2 '30'oo-w 222 00 6- &74/47-'66- z9 P/lit S 02'300o -"W /78 nay 6 6 /C D/i /6 1 P EST PicTio1 6/ Y6' V2 V N N 80 'o /0,597 2 DATE FEBRUARY 26, 1986 I SCALE h N /NE CJ GLENMONT VILLAGE SECTION SIX 60- 1 -42/ 14,1 C B G. N/. /NC 2,4 /VD 0 GREENWAY ENGINEERING AND SURVEYING CQ,INC. ROUTE 6 BOX 152 C WINCHESTER, VIRGINIA 2 2601 S ,4 76. 63 0 r 4: Sy. 60 o .P fair 5�8. S8 99 ZS ff r--- o q /S a SS N W 81 /2, 932 SWEET 4 OE 7 80 S 2. 57 iy.1c W N L #1# u N BRUCE i CERTIFICATE No. 54.17 -3 (a)965 re'. 5417.3 (P)162 A' ,Y V i� LAND ,I W 70 00 0 0 95 9800 9 M ZS eU /L� s r I We, E�SEM 900 70. 00 /B3. /8 N /°30'0 GL ENRIDO 40" 800 2S' 811 82 9520 a GLENMONT VILLAGE SECTION SIX Ila 6 B 00 s O0 "E 70.00 2 /7D 690 I 4D/A/6.., pe -srp/ T /ON L /NE I W o \x ‘nkrA 3. \'';-.44(n W to Z\ 8 4 m O 83 0 o W 9520 0 I c. fn 0 9800 9.. 0 �I Z Kb a O J o I I c Q o 00 289./7 1 COMMON A ,e64 S /All BK698 PG 38.5) 94 p (7 /98 7S q /PCS7 -P /C T/0 7000 N//03 ca //°30' W S8. 7 3 I 5 93 W� 8 667 4 I o Q I m mo o k NL /NE T «3 /0 S °30 100..E 700 4 3 B. G W /NC. LAND DATE FEBRUARY 26,1986 1 SCALE :I 50 g 9/ t// 09 GREENWAY ENGINEERING AND SURVEYING CO., INC. ROUTE 6 BOX 15 2 C WINCHESTER VIRGINIA 2 2601 C 92 /7S u 91 0/8 4 Alt Pi)B A `Sl £S M SEWE R 86 Vaall Op 'off y� u° H. BRUCE a S CERTIFICATE No. 54-173 0)965 E 54173 (b)162 T' F� e V LAND SNEE T S Or 7 91 a 4 S\ cpu 4 6 9 0 fb0, 'h /2, 002 0, o 19 -57/7' qa 29 NNg GLENMONT VILLAGE SECTION SIX DATE: FEBRUARY 26,1986 I SCALE 1 50 BK698PG386 OAV /s LAND 89 22. /69 •B R�� �'6 s 5' s� r l dal p °I` c o -o� o eASE o p r q �QC E 6 sFi1g 2 frkip 1I l 3 i R o q 2 50 iv p 6 /6 2� 7° 9Q 8 8 6s� p b q�B b n� eN Z '5 Se a/ w 4 i 8 87 O. e 797 A �1 8 86 CA 6 r. m Tarn. 69 0 N 8. G. W /NC L ANO GREENWAY ENGINEERING AND SURVEYING CO.,INC- ROUTE 6 BOX 152- C WINCHESTER VIRGINIA 22601 /VOA°TN pLTI Op o BRUCE 1I 3' CERTIFICATE No. 5 54-17.3 0)965 0 54 -17.3 (b)162 0 3f, 4ta LAS0 6 SL/EE T 6. 7 1 '1 L a' r_ •K b 98 pc 387 J a P N '4 a A G K A ,i ti m 4 iCt CO �O a o 0 Q 0 hi J. O \\o ti v ,D 5 7 887'30 00C 296.70 0 0. D 0 0 h :1 o V /00 00 rn o) m O' O O N O (s 87.30=00"E— ---t GLENMONT VILLAGE SECTION SIX COMMON AREA DATE: FEBRUARY 26,19861 SCALE= I 100 GREENWAY ENGINEERING AND SURVEYING CO, INC. ROUTE 6 B 0 X 152 C WINCHESTER, VIRGINIA 22 601 E�Til `f Yr RUC 1. CERTIFICATE No. Y 5417 -3 (a)965 C.. 54.1,7,3,0)162 c ,y4. /4't• LAND ;v� .5%-/EE T 7 OF 7 fn O ,.LO'IV4 TEC C /N• EA-/ EA/EX/7" 1 BK698PG388 CZ/F1/4" ANGLE ,94D ///.P ,4,PC TANG, 7/ /Z. /4 /8 0• /9' 00"00" /6 20'27 /7 //'0000" //'92 2. 82 3. 05 f/ '/8 /O'4/ 93 S 0/ 6 54 "45" 7 96 8 6 5'30 23 9 52 44 10 68 93 46 44' /a ye" 2,‘'S,9 /3 O /0 '33 09'95'99" 07 /6 07 2/58" /7 95 53 92"/6' /9 /9 96 "52' 20 83 2830 GLENMONT VILLAGE SECTION SIX DATE: FEBRUARY 2 61198 I CURVE DATA 1 G.POPC.PTY L /NE CU,PVE 373 00 37500 42500 42,5 37500' 37500 37500' 37500 375700' 20.00' SO 00 SO. 50 00' so. CO 5000' 20 00' 92500' 92500' 42.580' 92500' 2 500 9/63' /06. 95 /2769' /03.85 LOT CaPVE 96.09' 53.89 6933' 52. /8' 76463' /500 29 9/ 70.00' /2.05' /8.92' 40/7 .3 96.02 6000' «879' /6.2/' 858 8.72' 6.>✓00 53.96 59 60 4'0 99' 38 4 750 /2 96 35/0' 6.02 /0 23 2/.24' 32./7 2979 39 2/ 2/60 436' 32.37' 2702' 2739 26.77 /4500' /3379/ 73.9/' /9500 6732' 3900' 2500' 3492' 22,30 GREENWAY ENGINEERING AND SURVEYING CO.,INC• ROUTE 6 BOX 152 -C WINCHESTER VIRGINIA 22601 Cf/04 BEAFP /NG D /J' S 04 °3000 "E S/9 S 20 06 '25 "E S ow' ao '00" E /1/03'Z /%S W 76.50 N /0'2 /S W /500' N/3 29 2990' N20 39%O' W 6990' N26 5S /9 W /2.05 N 59'S6'20"W /8.22 NS90 /'0 "W 39./0 N 03'/4:5/ 5 /0 N 55 "1 4992 S 63'22'9/ "5 3 SOS 3966' S 03 /577' S 28'07:93'6 8.72' S 23'09'22'6- 6499' S /5'08'/4'6 53.92' 5 07' 99 "C S4. S6 S S 0557 E 36, S4 N35 033 4 E /30 99' S 76 OS OS'W 66. 99' S 99'/9'/5 kV 33.29' O B Op N BRUCE m CTIFIC No. Y 54 ATE 0) (4). (b)162 ��a- °y 40 LAND S-3. SNEET 9/90' /06.59' /27 2/ /03 S9 2 OF 7 F /NAL PLAT BK698PG389 SECT /ON 9 /,Y GLENMONT V /LLAGE SHAWNEE D /ST,P /CT, FWEDE,P /Cfl COUNTY /,PG /N /A FEB.PL/AFY 26, /986 ,PF/' /SEO D/77E 3 73/ -88 nth.; Wt. I il-:uckCR Coun rv. SCt. V flit Instrument of vatting x.K ryulu ed p nY cc the ia.� d. ".a L�'� vW with Certificate of acknowledgment [buret° Allgvpl Wag admitted 1° mUi°. ket SENSE NL Y R040 .20U76 t 57 A'67 rs aU r 6 LOCAT/ON SC;: C I 1 GLL:GONT V/L c AGE I' 1 I I� AW. SECT /O roes SIX MAP 2'000' 4!L PROPER77 OWNERS /N 6LENA10N7 V/LL466 APE REQU/REO TO BELONG (TO 7HE GLENMONT /LL16E //0ME OW/VCRS 4550C/a7 /DNS. THE 45501747704715 77/E OWNED OF42 Z AREAS 5HOIV4 4S COMMON 4R54 ON T.4E ATTACHED P1475 IiV/2 /5 RESPONS /816 FOR: THE M4/4'7E4'4 ✓CE OF TNOSE 4RE45 411 OTHER RULES OF THE 4Ssac /AT /ON 4 PE` 557 FOR TH i4' THE P557R /C7 /04'5 44/0 C01. 47740HE0 HERE TO. 4 )CORY OF 77/E F /4'41 4457E4 DEVELOPMENT P14N FOR 6CENMONT V /LLIGE /5 ON A7C5 47 THE FREOER /CK COUNTY OEP4RTMENT OF PLANK //✓G 4410 OEVEL OPME/✓7 4 tg Br F,PEDE,P /Cr CO S'A4/ /TA N ALIT// BO/JPD or s' U°EPWSOPS .0." DATE y:// eB D4TE -2 1 -2742e O4TE4 t7,:e S D4TE 04TE _y _f3a A44N4//N6 COMM /55 /ON SUBD /V /S /ON 40M /N /5r 4To at VA.-DEPARTME41T OF 7 /ON,V G iVo-t- -4 i JLn n OWNERS THE 4BOVE 4A/0 FOREGO /4'G SUBD 45 4PEAPS /N THE ACCOMP4NY /NC /N 4 CCORDANCE W/TH THE Oz P,POPR /ETOR NO TRUSTEES, /F 2 F� Fie l CERT/FICATE /S /ON OF THE LANO, PLATS /S W /TH THE CONSENT OF THE UNOEPS /GNED Y. 8:6 W /NC. 44'0 OW EP, ;Se' r« pr -r E610-7,... Tn J,. r -p I SURVEYORS CERT /F /CATE r T HEPE BY ;CERT /FY THAT THE LAND. CONTA /NE0 /N TH /5 51/80/1//5/0/V /1 4 °OPT /ON OF THE LAND CONVEYED TO S G W //VCJ BY DEED DATED MAY /1/984 4/110 RECORDED /N THE FREDEP /c w COUNTY COURT CLEPKS OFF /CE /N DEE 800*' 576 4T 946E 45/ BPL/C E �EDENS n O S 7 CU RBB iCATl NO 51.17.3 (a)%5 54173 (b)162 rrf �EU41, ANU"` t N. CG,S. GREENWAP ENG /NEER /NO 4A/0 SURVEY /4'G (0, INC ,POLITE 6 BOX /52 -C W /NCHESTER ?ZOO/ SHEET-1. ;Jr 7 F /NAL PLAT BK698PG389 SECT /ON 9 /,Y GLENMONT V /LLAGE SHAWNEE D /ST,P /CT, FWEDE,P /Cfl COUNTY /,PG /N /A FEB.PL/AFY 26, /986 ,PF/' /SEO D/77E 3 73/ -88 nth.; Wt. I il-:uckCR Coun rv. SCt. V flit Instrument of vatting x.K ryulu ed p nY cc the ia.� d. ".a L�'� vW with Certificate of acknowledgment [buret° Allgvpl Wag admitted 1° mUi°. ket 1/2" IRF 0 81 a /Sn, 0 1/2" IRF WITH CAP 0 236.66' FROM CONC MOW. T.M. 65-A-72 EFG INVESTMENTS LLC 08 955 PG 724 LEQE7VD; IRF IRON WEAR FOUND o 1/2' IRON REBAR CAP SET UNLESS OTHERWISE NOTED TM. 65-A-55 HAZEL C. LAMBERT WB. 115 PG. 1563 4, EXISTING WIRE FENCE 0 66' CONC. MON FND 1.5' /PF 0 7.03' 1/2' IRF TAX PARCEL 65 -A -49E 24.0924 ACRES EXISTING WIRE FDNCE 200. TM. 65A -186J N 85 07'54 W 781.22 GLOM C. CORB /N T.M. 65 -A -1868 DB 818 PG 1831 RONALD WERDE9AUGH, ET UX DB 969 PG 1563 m IRF 0 N 0 1/2' IRF O O 4 b y TAI. 65 -A -190 WILMER R. CAS, ET UX DB 757 PG 923 SCALE: 1" 200' 200 CURVE RADIUS ARC LENGTH DELTA ANGLE TANGENT CHORD BEARING CHORD LENGTH C1 195.00' 67.32' 19'46'51' 34.00' N 76'05'16' E 66.99' C2 25.00' J6.42' 8T28'JO' 22.30' N 4414'26' E 33.29' C3 425.00' 49.25' 06 24.65' S 01749'00' E 49.22' C4 25.00' 40.98' 9Y54 56' 26.77' N 51'05'39' W 36.54' C5 145.00' 135.91' 53'42'16' 7.41' S 55'05'45' W 130.99' LINE BEARING DISTANCE L 1 S 23'48'10" E 187.71' L2 S 0230'11' W 48.57' LJ S 63'36'25 E 266.18' LINE DATA CURVE DATA VIRGINIA: FREDERICK COUNTY, SCT. This instrument of writing was produced to me on 1 0 0g o t 0 ,6,4its.no Cie& NOTE$ 1. THE BOUNDARY INFORA41VON SHOWN HEREON IS BASED ON A CURRENT FIELD SURVEY BY THIS FIRM, COMPLETED ON DECEMBER 30, 2004. 2. NO 7777E REPORT FURNISHED, THEREFORE EASEMENTS MAY EXIST WHICH ARE NOT SHOWN. 3. CURRENT OWNER OF RECORD STANDS IN THE NAME OF BOW, INC OF RECORD IN DEED BOOK 576 AT PAGE 451 /N THE FREDERICK COUNTY CIRCUIT COURT CLERK'S OFFICE. 4. 1/2" IRON REAR WITH CAP 1O BE SET AT ALL CORNERS UNLESS OTHERWISE NOTED. 10' 4 J PIPN and with certificate of acknowledgement thereto annexe' was admitted to record. T imposed by Sec 5S.1 -802 of $9ZTI 60 and 58.1 -801 have been paid, if assessable 0 11 1 1 J1131 .1 U.. OF GEORGE E. LAMBERT I, GEORGS E. LAMBERT, of Frederick County, Virginia, being of sound and disposing mind and memory, do hareby make, publish and declare this to be my Last Will and Testament, hereby revoking any and all wills and Codicils by me at any time heretofore made. FIRST: I direct that all of my just debts and funeral expenses be paid. SECOND: I give and bequeath to my children, Edwin L. Lambert, George W. Lambert and James L. Lambert, the sum of One Hundred Dollars (8100.00) each. THIRD: I give and devise my interest in the real estate located in Brunswick and Mochlinberg Counties, Virginia, to Cora L. Clemmer, Stephen J. Lambert and Andrew J. Lambert, share and share alike. Ali the balance, residue and remainder of my property real, personal and mixed, and wheresoever located, I give, devise and bequeath to my wife, Hazel C. Lambert. FOURTH: I nominate Hazel C. Lambert, as my Executrix. In the event she is unable or unwilling to serve as Exacutrix,of my estate, then I nominate and appoint Andrew J. Lambert as 1 4 KI15F6156k Executor: of this my Last Will and Testament. No suretTon any bond shall be required of any fiduciary nominated in this M_11. FIFTH: In addition to the powers now or hereafter granted by law, every fiduciary serving hereunder shall have all the powers listed in Section 64.1 -57, Code of Virginia, as in effect on the dare of my death.. IN WITNESS WHEREOF, I have hereunto set my hand thin day of and The foregoing instrument, subscribed at the end thereof by GEORGE E. LAMBERT, the above named Testator, end by him signed, published and declared to be his Last Will end Testament in the presence of us and each of us who in his presence end at his request and in the presence of each other subscribe our names as attesting witnesses upon the day of the date of said Will. ats_,._,d reel ie_s_o •Ilt I I L ige a tat., 1992. H. Zyet a_ residing at 6'ed i r rla. L Before me, the undersigned authority, on thiu day personally appeared GEORGE E. LAMBERT, 4 b. gt,/J ,d. Qc.cci 2 w residing and the witnesses, respectively, whose names are signed to the attached or foregoing instrument, and all these persons being ,by me first duly sworn, GEORGE E. LAMBERT, the Testator, declared 2 ks' A •,'T (/tom to eFfh3 i GEORGE LAMBERT known to me to be the Testator lt /16. 77/ ..54 BKII 5FGIJn3 to me and to the witnesses in my presence that saiWinstrument is his Last Will and Testament and that he had willingly signed the same and executed it in the presence of said witnesses as his free and voluntary act for the purposes therein expressed: that said witnesses stated before me that the. foregoing Will was executed and acknowledged by the Testator as his Last Will and Testament in the presence of said witnesses, who, in his presence and at his request, and in the presence of each other, did subscribe their names as attesting witnesses on the day of the date of said Will and that the Testator, at the time of the execution of said Will, was over the age of eighteen (18) years, and of sound and disposing mind and memory. 461,7 S.,;� c Testator Witness STATE OF VIRGINIA, AT- LARGE, CITY OF WINCHESTER, to -wit: Subscribed, sworn and acknowledged before me by GEORGE E. LAMBERT, the Testator, and subscribed and sworn to before mei by f.Lb44 a.1.' ylla44&4 and 9a1A -t.J 0 04.47 L 1,f witnesses, this I day of 44/.1. rY 1992- 3 ,/7,7/,‘ OKI 15/'615 My commission expires L�(A.tel -lttt� Note. Pub110 4 5 /5e. 3 99rI65 BKII IN THE CIRCUIT CLERK'S OFFICE OF FREDERICK COUNT:, VIRGINIA: On this 7th day of September 19 a writing bearing date of 8 th day of. September 92 19 Purporting to be the true, last will and testament of George E. Lambert deceased, was produced before Um Clark and having been executed as a self proved will, pursuant tc and inconformity with the provisicns of Section 64.1 -87.1 of the Code of Virginia. All of the said facts being duly proved, and on the motion of Hazel C. Lambert the said writing was admitted to probate as and for the true, last will and testament of George E. Lambert deceased. and it is ordered to be recorded. On motion of Hazel C. Lambert Zxecntri therein named, she is h• the hereby a pA+inted Executrix of said v1111 whereupon she qualified by entering into and ackwowledg}ag bond in the penalty of 8 1 ,000,000.00 no aural required with squired per will hdd The said H azel rt wing the prescribed oath to faithfully diachazc _bey duties as said Executrix On the further motion of the. said Hazel C. Lambert be filed on his estate. an inventory is to LIST OF HEIRS ex 1 1 5 PG 1 5 6 8 Cue No.: 97 -165 COMMONWEALTH OF VIRGINIA FrePerlck County CircuitCourt George E. Lampert 8 -26 -99 MAI.e Of DIC/Wer oar or orAr>t 1/We, the undersigned, hereby sate under oath that the following are all of the heirs of the Decedent; NAMES OF HEIRS ADDRE&SES RELATIONSHIP ACE Hazel C. Lambert 223 Ronsum Lane, Wino. Widow 73 Edwin L. Lambert Sulphur 6prings dd.,.J:nC. Son 5d" .Ge. ;gq W. ),gmbert Martinsburg Wen', va. Son 52 James L. Lambert. Berryville, Va. Son 50" Vweam//an (please cheek one): p •cpcccnt(s) of the will (co qualification) C pe+saoel reprgeamive(s) of the deeedecfs estate 0 Her- at•Icw of Intestate decadent (oo gtu(ifcation within 30 days following death) Given under my s thi 7th o f September 1999 HAZEL. C. LAMBERT thi 1 mew avant aroma Rrrmwaa a eaosn Iare1>m aYantrlalaa Virginia Sete of I touatyof grader Ica Subsatbed and sworn to before me by biymmaintitttatYMgthQSII lcea CC-1611 MASTER) IC rM vA COOL 64 1.04 day of ,irw Q e a r,,,4 4 mAawa ar van Wwlt Hazel C. Lambert September, 1419 tOwm Of aroavn oa..atA' OF aravaea QflL Ct*&T nave Y p rsoaa appeared and oo'IRGINIA 'F,REDERICK COUNTY, (SCT. This instrument of writing was produced to me on the 21st day of April 1951 at 11:30 A. M. and with certificate of acknowledgment thereto annexed was admitted to record. acknowledged the same before me my State and County aforesaid. My commission expires on the 14th day of July, 1953. Given under my hand this 20th day. of April, 1951. DOROTHY G. BARRETT Notary Public ,CLERK =-f ......Eifi'- ;eiF:i?b;fifs: iriFfi: -.ter =iF;: iEifiFiEN #194 C. M. LOCKHART, ET UX is TO DEED 7 GEORGE E. LAMBERT i if tEiF1E% Nt#%.± f:F;1-1E:fiEati:iriFiFiiiY.FiF:F:f :fifi'r:Fif This D E E D made and dated this 21st day of April, 1951, by and between C. Y. Lockhart and Delcie P. Lockhart, his wife, Grantors, parties of the first part, and George E Lambert, Grantee, party of the second part, W I T N E S S E T H:- That the said parties of the first part for and in consideration of the cash sum of Ten Dollars and other adequate considen tions deemed valuable in law, the receipt of all of which is hereby acknowledged, do hereby grant, sell and convey, with General Warranty of Title, unto the said party of the second part, his heirs and assigns forever, all of that certain tract of land with the improvements thereon and appurtenances thereto belonging located about three and one- half miles East of Winchester containing FIFTY (50A) re or less, adjoining the land of John F. Carper and others and being the same real estate described and conveyed in the deed dated the 30th., day of April, 1948, to C. M. Lockhart from W. D. Humphrey and wife, recorded in the Office of the Clerk of the Circuit Court for Frederick County, Virginia, in Deed Book No. 205, page 305, and the right -of -way described in said afore- mentioned deed is also made a part of this conveyance. Reference may be made to said deed and the records therein contained for a further and more particular description of said real estate, which is located in Frederick County, Virginia. The said parties of the first part covenant that they have a good right to convey said real estate to the Grantee; that the same is free from all liens and encumbrances; and that they will grant such further assurances of title as may be requisite. Witness the following signatures and seals: '.HHfi.Pkinfil- 3H8Eii -k: Vn”HF REVENUE STAMPS C. M. LOCKHART $4.40 r CANCELLED r. DELCIE P. LOCKHART ifi2iF-)fiF* if**1:**•fii*** State of Virginia, County of Frederick, To-Wit:. (SEA (SEA, I, Nancy W. Glover, a notary public in and for the County of Frederick, in the State of Virginia, do hereby certify that C. M. Lockhart and Delcie P. Lockhart, his wife, whose names are signed to the foregoing and annexed writing, bear- ing date the.2lst.day of April, 1951, have each personally appeared before me in n a y County GS -,d1 ss VIRGINIA FREDERICK COUNTY, (SCT. aforesaid and acknowledged the same. Pray commission expires April 11, 1953. Given under my hand this 21st day of April, 1951. NANCY W. GLOVER ivotary Public This instrument of writing was produced to me on the 21st day of April 1951 at 11:50 A. Y. and with certificate of acknowledgment thereto annexed was admitted to record. 11. J( CLERK an A. (OaOnq, -u 4Ht#4 S*` Ht;4H :***ie** **:(44**1HFi'r**** #495 GEORGE E. LAli3ERT, ET UX TO DEED OF TRUST 64 /'i JOSEPH B. NEWLIN, TR. 1�' italtitlHiHtiHH't i 4Htit4WHE 1 W� #iF:H ilHHHt This D E E D OF TRUST made and dated this 21st day tAtA;R of of April, 1951, by and between George E. Lambert and Elsie W. Lambert, his wife, parties of the first part, Joseph B. Newlin, Trustee, party of the second part, and C. M. Lockha t, tl i party of the third part, W I T N E S S E T H:- That for and in consideration of the cash sum of One Dollar, the receipt of which is hereby acknowledged, the said pa of the first part do hereby grant and convey, with General Warranty of Title, unto hey' said Joseph B. Newlin, Trustee, party of the second part, all of that certain tract o land with the improvements thereon and appurtenances thereto belonging, located about three and one -half miles East of Winchester, containing F I F T Y (50A) A C R 5 S, mo or less, adjoining the land of John F. Carper and others, and being the same real est conveyed to the said George E. Lambert from C. M. Lockhart and wife, dated the 21st., of April, 1951, and said deed shall be recorded in advance of this instrument. Refe may be made to said deed and the references therein contained for a further and more particular description of said real estate, which is located in Frederick County, Vir INi TRUST NEVERTHELESS:- To secure the prompt and full pay- ment, both principal and interest of a B 0 N D for the principal sum of THREE THOUSAND ($3,000.00) DOLLARS, drawn by George E. Lambert and Elsie 't V. Lambert, and payable to C. M. Lockhart, or order. Said bend shall be paid in monthly installments of Fifty ($50.0 Dollars, plus interest at the rate of six per cent, to be computed and paid monthly on the basis of the unpaid balance. The first of said installments shall begin on the 21st day of May, 1951, and subsequent installments to be due and payable on the 21st., day of each and every month thereafter until the principal and interest has been paid in ful And to this end to secure the debt evidenced by said bond in its present form, or in any form it may hereafter assume by renewal or extension, in whole or in part, by change of parties or otherwise, until said debt is finally and full y r paid and discharged. If default be made in the payment of any part of said debt or any installment of interest thereon, or any fire insurance premium when due, or if th c' /g y7S 47 050002909 THIS DEED made and dated this 11'" day ofFebruary, 2005, by and between BGW. INC., a Virginia corporation, party of the first part, hereinafter called the Grantor, and TAYLOR GRACE. LLC, a Virginia limited liability company, party of the second part, hereinafter called the Grantee. WITNESSETH: That for and in consideration of the sum of Ten ($10.00) Dollars, cash in hand paid, and other good and valuable consideration, the receipt of which is hereby acknowledged, the Grantor does hereby grant and convey unto the Grantee, in fee simple absolute, with Special Warranty of Title, all of the following described tract or parcel of land: All that certain tract or parcel of land lying and being situate in Red Bud Magisterial District, Frederick County, Virginia, containing 24.0924 acres, more or less, and fronting on the west side of Glen Ridge Drive, as shown on the portion of the plat of survey of Glenmont Village, Section Six, of record in the Clerk's Office of the Circuit Court of Frederick County, Virginia, in Deed Book 698, at Page 384, and more particularly described by survey drawn by Greenway Engineering, dated the 8 day of February, 2005, and by this reference made a part hereof as if set out in full; AND BEING all of the remainder land conveyed to BGW, Inc., a Virginia corporation, by Deed dated May 15, 1984, of record in the Clerk's Office of the Circuit Court of Frederick County, Virginia, in Deed Book 576, at Page 451. This conveyance is made subject to all rights of way and restrictions of record affecting the subject property. The Grantor hereby covenants that it has the right to convey to the Grantee; that the Grantee shall have quiet and peaceable possession of the said property, free from all liens and encumbrances; and it will grant such further assurances of title as may be requisite. Page 1 of 2 stockholders to convey a part of the corporate real property. WITNESS the following signature and seal. 12163 TgbAum 1 &Tad BGW 1. Taylor-mm vpd BGW, INC. By: Page 2 of 2 The execution of this Deed has been duly authorized by the Directors of the Grantor Corporation and nothing in the Articles of Corporation or Bylaws reserves the power unto the r'` William R. Ward, Jr., Presid 0 0 J Nish STATE OF VIRGINIA, CITY OF Ai CHESTER, T WIT: I,. a Notary Public in and for the State and jurisdiction aforesai• !o here r/ certi that William R. Ward, Jr., President of BGW, Inc., a Virginia corporation, whose name is signed to the foregoing Deed, dated the 1 l h day of February, 2005, has personally appeared before me on behalf of BGW, Inc and acknowledged the same in my State and jurisdiction aforesaid. Given under my hand this 'day of 2005. My Commission expires