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HomeMy WebLinkAbout10-05 DeedGrantors, and RALPH M. of whom may act, being March 16, 1992, known as address is 1106 East 81(1/5r 11535 THIS DEED OF GIFT, made this 16th day of March C. WAKEMAN, his wife, 1992, between RALPH M. Ma= and MAE WA MI! and REX L. WAKEMAN, Trustees, either Trustees under a certain agreement dated Ay AND M_MNOR LASID TRUST, Grantees, whose Macedonia Church Road, Stephens City, Frederick County, Virginia. WITNESSETH: In consideration of love and affection, Grantor -grants and ..conveys, with..General..Warranty and English covenants of title, unto the said Ralph M. Wakeman and Rex L. Wakeman of Frederick County, Virginia, Trustees as aforesaid, all of the property, with appurtenances thereto belonging, set forth and described on the Schedule A attached hereto and by this reference made a part hereof. This conveyance is made to the said Trustees for the uses and purposes set forth herein and in the Wakeland Manor Land Trust Agreement dated March 16, 1992. A copy of said Agreement, and all amendments thereto, shall be kept and filed at 1106 East Macedonia Church Road, Stephens City, Frederick County, Virginia, and any other location designated by the Trustees The parties agree, and this conveyance is made upon the express condition, that the Trustees shall have, and are by this deed granted, full power and authority, without the joinder of any person whatsoever, to sell, exchange, lease, encumber, or otherwise dispose of the property interests transferred and conveyed herein above or any part thereof, at one time or from time to time, and no person dealing with the parties of the second part shall be required to make further inquiry as to the right of the Trustees so to act, nor shall such person be required to inquire as to the disposition of any proceeds. complied with; 2 exl7 6rc 0666 No party dealing with the Trustees, or their successors, in relation to the property in any manner whatsoever, and no party to whom the property or any part thereof or any interest therein shall be conveyed, contracted to be sold, leased, or encumbered by the Trustees shall be obliged to: (a) See to the application of any purchase money, rent, or money borrowed or otherwise advanced on the property; (b) See that the terms of the Trust have been (c) Inquire into the authority, necessity, or expediency of any act of the Trustees; and (d) Be privileged to inquire into any of the terms of the Wakeland Manor Land Trust Agreement dated March 16, 1992. Every deed, mortgage, lease, or other instrument executed by tha Trustees in relation to the property shall be conclusive evidence in favor of every person claiming any right, title, or interest thereunder: (a) that at the time of the delivery thereof the Wakeland Manor Land Trust Agreement was in full force and effect; (b) that such instrument was executed in accordance with the terms and conditions hereof and of the Wakeland Manor Land Trust Agreement and is binding upon all beneficiaries thereunder; (c) that the Trustees were duly authorized and empowered to execute and deliver every such instrument; and (d) if a conveyance has been made to a successor or successors in trust, or an appointment of a successor Trustee or successor Trustees has been made, that such successor Trustee or successor Trustees have been properly appointed and are fully vested with all the title, estate, rights, powers, duties, and i dealing with said property, 3 na776!c;0687 obligations of its, her, his, or their predecessors in trust. The Trustees shall have no individual liability or obligation whatsoever arising from their ownership, as Trustees, of the legal title to said property, or with respect to any act done or contract entered into or indebtedness incurred by them in or in otherwise acting Trustees, except only so far as said trust property and any trust funds in the actual possession of the Trustees shall be applicable to the payment and discharge tFereof The word °Trustee° or "Trustees° as used herein shall include the singular and the plural, as the case may be, and any successor Trustee or Trustees. This deed is governed by, and is to be read and construed with reference to, Section 55 -17.1 of the Code of Virginia, and pursuant to Section 55 -17.1 the trust created by this conveyance shall not fail, nor shall any use relating to the herein described property be defeated because no beneficiaries are specified by name heraih or because no a..iicn Are imposed upon the Trustees. This instrument is a deed of gift and is not to secure a debt or to indemnify a surety. IN WITNESS WHEREOF, the said parties have set their hands and seals, all as of the day and year first above written. as such (SEAL) /V .a. (SEAT+) MAE C. WAKEMAN 1 1 My Commission expires: STATE OF VIRGINI City/County of if l {.rri.i to-wit: B)(7 7 6 P6 O 6 ?l.( WAKF ;N TRUSTEE (SEAL) /S (SEAL) REX' L. WAKEMAN, TRUSTEE STATE OF VIRGINI City /County of .4/�(,4i1,6� to -wit: The (f�p�ri,ego ng instrument was acknowledged before me this capacityyas of Graf:tor and in his c as capacit ro tee. N, in his 30, MV NOT PUBLIC The foregoing instrument was acknowledged before me this ijyday of apA<4 1992, by MAE C. WAREMAM, in her capacity as Gran My Commission expires: STATE OF VIRGINI city /county of to -wit: X11 The fo,Fega g instrument was acknowledged before me this d-y y'h day of U 1992, by REX L. WAXEMAN, in his capacity as True ee. My Commission expires: 7 I 'i 7 /22 s /Clam T NOT Y PURL C SCHEDULE A Property D e s 16th Descriptions f of 1992 Dated the day of Tax Map #75 A 100: All of that certain tract or parcel of land containing 134 acres, more or lees, together with the improvements thereon and the appurtenances, rights, rights of way and privileges thereunto belonging, lying and being situate in Shawnee Magisterial District (formerly located in opequon Magisterial District), Frederick county, Virginia, (previous Deeds recite Shawnee District), on the North side of but not abutting Virginia Secondary Highway Route No.. 642, about one mile West of Macedonia Church, and more particularly described by a survey of S.M. Boyd, Jr., C.L.S., dated January 20, 1962, as follows: "BEGINNING at an iron pin in line of Smoot, corner of Owens and Lots of Walter M. Shade, said point being located 479.0 feet northeasterly from post in north boundary of Route #642; running thence with Smoot N 34 deg. 50 min. 20 sec. E 2118.96 feet to iron pin at post of cross fence, thence still with Smoot N 33 deg. 59 min. 30 sec. E 1648.10 feet to iron pin in line of shoo knr, thence with feet iron pin at Shoemaker g3 fenca corner in line of Wakeman, thence with Wakeman S 52 deg. 50 min. 20 sec. E 1013.71 feet to iron pin at stump, south side of Branch, thence S 48 deg. 43 min. 30 sec. W 3033.84 feet to iron pin, corner of Walter M. ghade thence 72 with Shade `L Lots S 75 deg. beginning;" and being the same land conveyed to Ralph M. Wakeman by Deed dated January 26, 1962, from Rebecca J. Owens, widow, of record in the Clerk's Office of the Circuit Court of Frederick County, Virginia, in Deed Book 275 at Page 620. G$9 SCHEDULE A Property Descriptions for Deed of Gift Dated the 16th day of March 1992 Tax Map 175D 4 1 110 175D 4 1 114 #750 4 1 117 1750 4 1 120 1750 4 1 123 1750 4 1 126 1750 4 1 129 1750 4 1 132 1750 4 1 135 #750 4 1 139 81( i EiGO690 1750 4 1 111 #750 4 1 115 175D 4 1 118 #75D 4 1 121 #75D 4 1 124 #750 4 1 127 1750 4 1 130 175D 4 1 133 #750 4 1 136 #75D 4 1 141 175D 4 1 U2 1750 4 1 116 1750 4 1 119 1750 4 1 122 1750 4 1 125 #750 4 1 128 1750 4 1 131 1750 4 1 134 #750 4 1 138 #75 A 101 All of those certain lots or parcels of land, together with the improvements thereon and the appurtenances thereunto belonging, containing a total of 240 acres, more or less, lying and being situate about seven miles Southwest of Winchester, in Shawnee Magisterial District (formerly located in Opequon Magisterial District), Frederick County, Virginia, INCLUDING Lot Numbers 110 141 as shown on the plat and survey of Phase 1, Wakeland Manor, attached to the Deed of Dedication of Wakeland Manor Phase I, dated February 12, 1991, of record in the Clerk's Office of the Circuit Court of Frederick County, Virginia, in Deed Book 756 at Page 482, et. seq.; AND BEING the same property conveyed to Ralph M. Wakeman and Mae C. Wakeman, his wife, by Deed dated March 11, 1952, from Maurice S. Vincent and Oneita M. Vincent, his wife, of record in the aforesaid Clerk's Office in Deed Book 222 at Page 565; LESS AND EXCEPT the following conveyances: Lot 140 was conveyed to Rex Lane Wakeman and Deborah L. Wakeman, his wife, by Deed of Gift dated March 6, 1991, of record in the aforesaid Clerk's Office in Deed Book 757 at Page 886; Lot 137 was conveyed to Wakeland Manor, Inc. a Virginia Corporation, by Deed of Gift dated September 18, 1991, of record in the aforesaid Clerk's Office in Deed Bock 765 at Page 1502; and Lot 113 was conveyed to Wakeland Manor, Inc., a Virginia Corporation by Deed of Gift dated March 4, 1992, of record in the aforesaid Clerk's Office in Deed Book 773 at Page 611. a BO J 01 SCHEDULE A Property De .6triptions for r Deed of 1992 Dated the day of Tax Map #64 A 29: Tax Map #64 A 30: All of that certain real estate, together with the improvements thereon and all rights, privileges, appurtenances, easements and rights of way thereunto belonging or in anywise appertaining, containing seven (7)_acres, more or less, and lying and being situate on the East side of U.S. Route 522, in Shawnee Magisterial District, Frederick County, Virginia; and being the same property conveyed to Ralph M. Wakeman by Deed dated May 26, 1983, from David S. Whitacre, Substitute Trustee, of record in the Clerk's Office of the Circuit Court of F-ederick County, Virginia, in Deed Book 560 at Page 43. EK 7c 63692 SCHEDULE A Property Descriptions for Deed of Gi e scr Dated the day of March Tax Map $74A03A 101: All of that certain parcel of land, containing approximately one (1) acre, less and excepting that certain portion of land conveyed to J. Paul Kauffman, improved by a frame dwelling, and located on the West side of the Valley Turnpike, or U.S. Route 11, in the Town of Stephens City, Frederick County, Virginia, adjoining said Turnpike on the East, a roadway on the South, the lands now or formerly owned by Adams on the West, and the lands now or formerly owned by Frank Barley on the North: and being all of that remaining portion of land conveyed to Ralph M. Wakeman and Mae C. Wakeman, his wife, by Deed dated March 15, 1958, from Ernest E. Painter and Ruth S. Painter, his wife, Fred E. Painter and Margaret F. Painter, his wife, Rene R. Painter, single, and Virginia H. Painter, Single, by Robert E. Painter, their Attorney-in-Fact, of record in the Clerk's Office of the circuit Court of r' County, Virginia, in Deed Book 255 at Page 23. El; SCHEDULE A Property Doc,siytiofo for Deed of Ca ft Dated the 16th day of March 1992 Tax Map #75C 1 11: Tax Map #75C 1 12: Tax Map #75C 1 13: All of those three certain lots or parcels of land designated as Lots 11, 12 and 13 in Macedonia Acres, lying and being situate on the North side of Virginia Secondary Road No. 642, in Shawnee Magisterial District (formerly located in Opequon Magisterial District, Frederick County, Virginia, Lot No. 11 being bounded on the East by a right of way and having a frontage on said road of 90 feet and a depth between parallel lines of 487.2 feat; Lot No. 12 having a frontage of 95 feet and a depth between parallel lines of 437.2 feet; and Lot No. 13 having a frontage of 100 feet and a depth between parallel lines of 487.2 feet, the plat of which, made by Lee A. Ebert, Certified Surveyor, is recorded with the Deed of Dedication dated December 13, 1955, in the Clerk's Office of the Circuit Court of Frederick County, Virginia, in Deed Hook 239 at Page 215, made by Walter M. Shade, and the Deed of Correction dated September 24, 1955, recorded in said Clerk's Office in Deed Book 238 at Page 294, wherein his wife, Elsie D. Shade, joins in said Deed of Dedication; and being the same property conveyed to Ralph M. Wakeman by Deed dated March 3, 1964, from Mabel L. Jones and Paul L. Jones, her husband, of record in the aforesaid Clerk's Office in Deed Book 298 at Page 488. to n the 1 3s7 0 and with c44tiflcste a led8ment theta annexed was adm to recut. 1 This 41146iNtIc instrument HYDE 9 orad� This of w W' "77 .tJ. 23, CLERK BKI i H 61,4 ,4 SCHEDULE A Property D script for of 1992 Dated the day n Tax Map #75D 4 F1 77: Tax Map #75D 4 F1 89: Tax Map #75D 4 F1 90: Tax Map #75D 4 Fl 91: Tax Map #75D 4 F1 92: Tax Map #75D 4 Fl 104: Tax Map #75D 4 F1 107: Tax Map #75D 4 F1 108: Tax Map #75D 4 F1 109: All of those certain lots or parcels of land, together with the improvements thereon and the appurtenances thereunto belonging, lying and being situate in Shawnee Magisterial District, Frederick County, Virginia, designated ae Lot Numbers 77, 89, 90, 91, 92, 104, 107, 108 and 109 on the plat and survey of Section F- 1, Wakeland Manor, attached to the Deed of Dedication of Wakeland Manor dated March 12, 1987, of record in the Clerk's Office of the Circuit Court of Frederick county, Virginia, in Deed Hook 641 at Page 394, et. seq.; and being a portion of the same property conveyed to Ralph M. Wakeman and Mae C. Wakeman, his wife, by Deed dated March 11, 1952, of record in the aforesaid Clerk's Office in Deed Book 222 at Page 565. d I '11P E t a PAO <y,cn.r•, 82287 QRIH g RITZER DBED e TOt-.. ti, PAOli'gAUpf'MAN, ET AL r s 491 rrn 47 THIS DEED, made this e. day of 1978, between Orin H. Ritter, Divorced, of the a part, hereinafter called the Grantor and Paul Kauffman and Linwood D. Ritter„ Pattaars,- trading as It R Properties, of the other part, haroinafter.called the Grantees. WITNESSETH:. That for and in consideration of the sus of on'Dollaro,(410.00), cash in hand paid and other valuable conoidsretion,:rscsipt whereof is hereby acknowledged,, the Grantor doss grant and convey, with General Warranty and with English Covenants of Title, unto the Grantee; in fee simple, together With all rights, righto of way, privileges and appurtenan theisto.bolongingi:.a11 that certain tract or parcel of land containing 7 Acres, more or loss, lying and being gituate on tboZait sida,of'U; 8: Route 322 in Shawnee Magisterial District, deii0C Cointy,.Virglnia, and one (1) piece of property being aims property conveyed to Harry L. Ritter and Dovie Ritter by} „deed of D. :C. :Harrison, et us, dated June 12, 1931, of record .the.aforaoaid Clsrk's.Office in Deed Book 162, at Page 76, ths-.othet_beingthe,aame piece of property conveyed to 1i':. Rittei Ritter by deed of 8usannah Solenbsrger, ?,datod April 2,;1954 ,of. record in the aforesaid Clark's fieoin'Dsod::look 231,. at. Page 154, LE88 AND EXCEPT a conveyaneo 1 :,tcjiBmi,3. Prye._of.a parcel of land 55 feet by 200 feet, f; record in ..'.tbe:,aforeaaid Clark's Office in Deed Book 256, r:Paga;3851.'a parcel of land retained by Davie Ritter 58 feet y .,200 fear;adjoining;,the. pry. tract more particularly described daad'reeorded in the aforaa Clerk's Office in -Deed Book Sl;,,ar Paga:.lht and a small strip of land conveyed to the ith.of Virginia for the widening of U. 8. Route 5228 further being the same property conveyed to Orin H. Ritter BMX 494 int 98 d Colleen V. Ritter, his wife„ by deed dated February 20, 1969, from Dovie Ritter, widow, et al, of record in the aforesaid Clark's Office in Deed Book 351, at Page 18, and by devise to Orin H. Ritter under Article III of the Last Will and Testament of his father ,,Harry L. Ritter, who died testate November 27, 1958, a resident of Frederick County, Virginia. The Laet 11 and Testament of the said Harry L. Ritter is dated September 10, 1949, probated December 12, 1958, and duly recorded in tha aforesaid Clerk's.Offiao in Will Book 63, at Page 125; and further being the same property in which Colleen V. Rathel (formerly Colloan'V. Ritter) conveyed all her right, title and-interest in. and to the Grantor herein by that certain Deed of.Exchange, dated June 16, 1978, of record in the aforesaid Clerk's Office in Dead Book 493, at Page 379. •A reference to the aforesaid deeds and will and to the references contained therein is here made for a further and more particular description of the property. This conveyaecs is made subject to all legally enforceable restrictive covenants and easements of record affecting the aforesaid realty. It understood and. agreed by all parties hereto (as evidenced by their signatures hereto) that the subject property L ,being conveyed to the Grantees subject to the right of the Grantor to exclusively use and p from the date hereof, to July 1, 1986, the three (3) storage building'. (such buildings formerly being used as it barn, corn crib and chicken house) that a ...situate on such property.. The-Grantor shallenot be obligated to pay any costs, including rent, for the use of such buildings and shall have free and unlimited access between such buildings and Route 522. The Grantor °hall be allowed to make any such repair° and improvements to such property