HomeMy WebLinkAbout13-05 DeedHIS IS CERTIFY THAT ON DEC.`
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2, 2004 AT I MADE AN ACCURATE{
CURVEY .OF THE PREMISES SHOWN 40 Y. PERCENT RESERVE I''.RCEL
IEREON AND THAT THERE ARE NO GLENDO$81N RIDGE
CASEMENTS OR ENCROACHMENTS
/ISIBLE ON THE GROUND OTHER N 60 313.40'
CHAN THOSE S110'2IN HEREON. IRE POST
PHIS LOT IS LOCATED IN HUD FLOG
:ONE C, AREA OF MINIMAL FLOODING
43 SHOWN ON FIRM MAP 510063 01053
EFFECTIVE JULY 17, 1978
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FURSTENAU SURVEYING (540) 662 -9323
111 SOUTH LOUDOUN STREET
WINCHESTER, VIRGINIA 22601
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LINE TABLE
LI N 1838'54 "YY I■9.57'
LZ 5 74 "E. 39.02'
L3 N 16'13'16 E 472.21'
L4 N 90 39.95'
L5 N 15'38'29 E 373.55'
TAX MAP ID: 43- A- 15IPORTII
DEED REF. YYB 6 0 P. 7
110. 1435
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SURIC
BOUNDARY SURVEY
LAND OF
BETTY G. MCK01
STONEWALL DISTRICT
FREDERICK COUNTY. VIRG:
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VIRGINIA: FREDERICK COUNTY, WT.
This instrument of writing was produced to me on
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and with c&rti0cate of acknowledgement thereto annexed
was admitted to record. T imposed by Sec. 58.1 -&12 of
and 58.1 801 have been paid, If assessable
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THIS DEED OF DEDICATION AND DECLARATION OF RESTRICTIVE
COVENANTS, made and dated this rf T day ofJanuary, 2003 by and between Glen W.
Russell and Pamela L. Russell, of the first part, hereinafter called the Grantors and County of
Frederick, Virginia, of the second part, hereinafter called County.
WHEREAS, the Grantors, are the owners of the real estate shown on that certain Final
Subdivision Plat drawn by David M. Furstentiu, L.S., dated September 16, 2002 known as
Glendobbin Ridge, which Final Plat is attached hereto and incorporated herein by reference as
if set out in full. This is the same real estate previously conveyed to the Grantors by that certain
Deed and Deed of Release dated March 29, 2002 which deed is of record in the Clerk's Office
of the Circuit Court of Frederick County, Virginia, as lnstnunent Number 020005243; and,
WHEREAS, said real estate, as shown on the aforesaid attached Final Subdivision Plat,
has been subdivided into lots for the construction of single family homes thereon (Lots 1
through 17, inclusive), and the hereinabove Final Plat shows accurately the metes and bounds
of the subdivided land, together with the dimensions of each lot thereof and also shows certain
surrounding lands in said Subdivision to be used as maintenance, utility, ingress-egress, and
drainage easements, all of which shall constitute a portion of that development known as
Glendobbin Ridge.
WHEREAS, the Subdivision of Glendobbin Ridge as shown on the aforesaid attached
Final Subdivision Plat, is with the free consent and in accordance with the desires of the
undersigned Grantors, and the Grantors farther desires to subdivide the aforesaid real estate in
accordance with the provisions of "The Virginia Land Subdivision Act" as are applicable and in
force and effect as of the date of execution of this Deed of Dedication.
NOW THEREFORE, THIS DEED OF DEDICATION WITNESSETH: That for and in
consideration of the premises and the benefits which will accrue by reason of this Dedication,
the Grantors do hereby subdivide, all of that certain portion of land designated as Glendobbin
Ridge, located in Stonewall District, Frederick County, Virginia, and being more particularly
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described by that certain Final Subdivision Plat of Glendobbin Ridge, by David M. Furstenau,
L.S., dated September 16, 2002 containing Lots I through 17, inclusive, which Final
Subdivision Plat is attached hereto and incorporated herein as if set out in full. This is the same
real estate previously conveyed to the Grantors by Deed dated March 29, 2002 said deed is of
record in the aforesaid Clerk's Office as Instrument Number 020005243.
FOR AND IN CONSIDERATION AS AFORESAID, the Grantors do further dedicate
Union View Lane to the County of Frederick, Virginia, for public use, which street dedicated
hereby is more particularly described by the hereinabove referenced Final Subdivision Plat of
Glendobbin Ridge.
All of the lots shown on the plat attached hereto shall be subject to the following
covenants, conditions, reservations, and restrictions, each and every one of which is, and all are,
for the benefit of each owner of land in Glendobbin Ridge, and shall pass with each and every
conveyance of land hereby dedicated and shall bind the respective successors in interest of the
Grantors herein and may be enforced by any owner of land in Glendobbin Ridge. Each and
every one of these covenants, conditions, reservations or restrictions is, and all are, for the
benefit of each owner of land in said subdivision, or any interest therein, and shall inure to and
pass with each and every conveyance of lots in said subdivision, and shall bind the respective
successors in interest of the present owner thereof. These covenants, conditions, reservations
and restrictions are intended to be and are hereby constituted covenants real running with the
land and each conveyance shall contain these restrictions, or incorporate them by reference, to-
wit:
1. LAND USE: No lot shall be used except for single family residential
purposes. No Home Occupation of any type shall be allowed on said lots.
2. BUILDING TYPES: No Building or structure of any kind whatsoever shall
be erected, altered, placed, or permitted to remain onany lot, other than a
permanent single family dwelling. No such dwelling shall exceed two stories
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above foundation line in height. No other building or improvements shall be
erected, altered, or placed or permitted to remain on any lot other than a carport
or garage, patio walls, swimming pool, wooden fences, as hereinafter described,
and other outbuilding for use and enjoyment of the lot for residential purposes.
Any gazebo, garden shed, other outbuilding, mailbox, newspaper box or
receptable of any type, shall not be placed on a lot unless approved by the
Architectural Committee hereinafter referred to. Any garage or carport as herein
before provided shall be homogeneous in design to the dwelling. No mobile
homes are permitted on any of said lots. No recreational type camper or trailer
shall be parked on any of said lots until such time as a home is built on such lots
and thereinafter, such recreational camper trailer or recreational vehicle must be
stored within a garage area so that the same may not be visible from any
roadway.
3. BUILDING LOCATION: All buildings of any type, including porches,
verandas and garages, or any portion thereof, shall be located in compliance with
the requirements of the Frederick County, Virginia Ordinances. If two or more
adjoining lots are acquired by the same owner, a home may be built on more
than one lot and in such case, the restriction pertaining to niinimum side lot lines
shall not apply to the common boundary line of the two lots which have been
joined. The Grantor is to approve the location of the house on any of said lots.
4. TOTAL FINISHED SPACE: No two story dwelling is to be erected or
maintained on any of said lots to contain less than 3,000 square feet of finished
living space (outside foundation dimensions), and one story dwelling shall
contain at least 2,400 square feet, exclusive of open porches, carports, garages,
and basements.
5. BUILDING EXTERIOR CONSTRUCTION: No dwelling, garage or other
building shall be erected or placed on any lot which has an exterior construction
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other than brick, wood, stone, vinyl, dryvit, or combination thereof, unless
otherwise approved by the Architectural Committee. Any exterior solar design
or antennae, towers, transmitters for radio, television, microwave, or the like,
must be screened and approved by the Architectural Committee. In this respect,
the Architectural Committee may engage such professional services for review
of plans and each lot owner submitting said plans shall pay the reasonable
charges made for review by the professional services. Satellite dishes are
allowed.
6. TEMPO TRUCT RES: No structures of a temporary nature
including but not limited to, trailers, mobile homes, campers, basement, tents,
shacks, garages, barns, or other outbuildings, shall be used on any lot at any time
as a residence, either temporary or permanent.
7. FENCES. Fences located in the front or on the side of the house must be
constructed of wooden board or rail, or other material approved by the
Architectural Committee, and any such fence shall not exceed forty-eight inches
in heights. Fencing in the rear of the house may not exceed seventy-two inches
in height and the material and design be subject to the approval of the
Architectural Committee, but in no event shall chain link fences be used. All
fences contracted shall be kept and maintenance in good repair, including
painting and staining, if the same is required.
8. CLQTIIES LINES: No outdoor clothes lines shall be allowed.
9. SIGNS: No sign of any kind shall be displayed to the public on said lots,
except for signs not larger than 5 square feet advertising the property for sale,
provided, however, that the Grantor may erect two signs of any size in order to
display the property for sale. Signs indicating the name of the residence not
larger than 5 square feet may be permitted with the approval of the Architectural
Committee.
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10. GARBAGE AND REFUSE DISPOSAL: No lot shall be used or maintained
as a dumping ground for rubbish. Trash, garbage, or other waste, shall not be
kept except in sanitary containers with tops, said containers to have a capacity of
not more than fifty gallons.
11. ANIMALS: No animal, livestock, or poultry of any kind shall be maintained
on any lot for commercial purposes. Household pets, domestic dogs and cats
shall be allowed. Notwithstanding this provision, the maintenance of animals
for 4 -H projects and personal use shall be allowed so long as they do not exceed
2 in number and no goats, hogs, and fowl. All dogs and cats shall be restricted
to the lot(s) of their owner and shall not be allowed to roam the subdivision of
Glendobbin Ridge.
12. WATER SUPPLY; No individual water supply system shall be permitted on
any lot unless located, constructed, and equipped in accordance with the
requirements, standards, and regulations of the Frederick County Health
Department and State and Local ordinances, and unless approval for said system
is obtained from the Frederick County Health Department.
13. SEWAGE DISPOSAL: No individual sewage disposal system shall be
permitted on any lot unless such system is designed, located, and constructed in
accordance with the requirements, standards, and regulations of the Frederick
County Health Department and State and Local ordinances, and unless approval
for said system is obtained from the Frederick County Health Department.
14. OFF STREET PARKING: After a residence is built on any of said lots, the
lot owner shall provide in connection therewith off street parking space of at
least 12' x 50'.
15. TRUCKS; No lot shall be used for the parking of trucks of a load capacity of
more than one ton, or tractor/trailers, and no such trucks or tractor /trailer shall be
parked on any street in this subdivision. No lot shall be used for manufacturing
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purposes or for the sale, parking, or storage of new or second -hand automobiles
or other motion vehicles. No abandoned motor vehicles will be permitted on
any Tots or parking area. (For this purpose, an abandoned motor vehicle is
defined as one which bears no or expired license plates and has not been within
six months on a public street or highway).
16. RESUBDIVISION AND EASEMENTS: None of the lots shall at any time
be subdivided, conveyed or sold except as a whole unless the sale or conveyance
results in a lot larger than the lot size as shown on the aforesaid attached survey.
No easement or right of way shall be granted, over any of sail lots except for the
purposes of public utility, (water, sewer, electric, gas, telephone, cable
television, etc). If two or more adjoining lots are acquired by the same owner,
none of said lots shall be conveyed by said owner unless the lot being sold and
each lot being retained by that owner are in compliance with all of these
covenants and restrictions. This does not apply to the Reserve Lot..
17. NUISANCES: No noxious or offensive activity shall be carried on any lot,
nor shall anything be done thereon which may be or may become an annoyance
or nuisance to the neighborhood. Each lot shall be kept mown and free from
weeds and debris at all times, and shall be kept cleared in accordance with State
Laws and local ordinances. No unlicenced motorcycles, trail bikes, snow
mobiles, or the like, shall be operated on the roadways or common passageways,
as indicated on the survey of Glenndobbin Ridge.
18. HOUSE PLANS: The Grantor reserves the right for itself, its successors and
assigns, or an Architectural Committee being itself or appointed by it, its
successors or assigns, to reject any and all plans for houses or other structures
proposed to be constructed on any lot. The Grantor retains the majority vote on
the Architectural Committee.
19. WAIVER: The Grantor shall reserve the right to waive any and all of the
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restrictive covenants contained herein except restriction No. 1 as pertains to
LAND USE, and restriction No. 4 as pertains to TOTAL FINISHED SPACE of
dwellings. This right of waiver shall not affect the binding effect of the
covenants and conditions upon any lot
20. RESERVATIONS: The grantor reserves unto itself, its successors and
assigns, the right to erect, maintain, operate and replace underground and above
ground telephone and electric light conduits, related equipment, and other
facility, sewer, gas, water, and television lines and related equipment, and other
utility equipment where such utility lines and equipment are now located and
along the strip 10 feet along the front and rear of each lot and a 10 foot strip
centered on the side line of each adjoining lot, and a 10 foot strip along the
boundary of all nonadjoining Tots.
The Grantor further reserves the right along to impose additional restrictive
covenants and restrictions as to the sale and transfer of any lot or Tots owned by
it and such imposition shall not effect the binding effect of these provisions upon
any other lot. Invalidation of any one of the covenants or restrictions contained
herein by judgement or court order shall in no way affect any of the other
provisions, which shall remain in full force and effect. The failure of the lot
owners or the Grantor/Developer to enforce any covenant or restriction shall not
be deemed to be a waiver of the right to do so thereafter as to a default occurring
prior or subsequent thereto.
Any or all of the rights, powers, duties and obligations which, in this instrument,
are assumed by, reserved, or given to the Grantor, its successors or assigns, for
the said Architectural Committee, may be assigned or transferred to any one or
more corporations or associations which will agree to assume said rights,
powers, duties, and obligations and carry out and perform the same. Any such
assignment or transfer shall be made by appropriate instrument in writing in
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which the assignee or transferee shall join for the purpose of evidencing its
acceptance of such rights, powers, duties, and obligations, which instrument
shall be recorded; and such assignee or transferee shall thereupon have the same
rights and powers and be subject to the same obligations and duties as are herein
given to and assumed by the Grantor, its successors or assigns, or the said
Architectural Committee, In the event of such assignment or transfer, the
Grantor, its successors or assigns, or said Architectural Committee, shall
thereupon be released from all of the rights, powers, duties and obligations in
this instrument reserved or given to and assumed by the Grantor, its successors
or assigns, or the said Architectural Committee. The right of assignment hereby
reserved to the Grantor, its successors or assigns, and the said Architectural
Committee, is so reserved to the end that the rights, powers, duties, and
obligations reserved and given to them may be assigned to an association or
corporation formed by the owners of lots in said subdivision for the purpose of
accepting said assignment; and such assignment may be made at such time as the
Grantor, its successors or assigns, and the said Architectural Committee shall
jointly determine.
21. ARCHITECTURAL COMMITTEE; The Grantor shall constitute the
Architectural Committee and shall have the power to appoint its successor in
interest, and such Architectural Committee shall have no liability whatsoever,
either direct or indirect, on the approval or disapproval of matters as set for the
hereinabove, but such power in the Architectural Committee shall be solely
discretionary. The size of the Architectural Committee shall be determined by
the Grantor, or its duly nominated successors in interest.
If the said Architectural Committee, or its duly authorized representative, shall
fail to approve or disapprove any proposed plans, specifications, or locations
within thirty days after the same shall have been submitted to the Grantor for
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approval, such plans specifications, and locations shall be deemed to have
received the approval of said Committee, or its duly authorized representative.
In the event that the Grantor fails to appoint an Architectural Committee, or if
such Architectural Committee has formed but is later disbanded, then approval
for plans may be obtained by The lot owner submitting plans drawn and signed
by a licensed architect in the State of Virginia, and in addition, if the plans are
for an allowed outbuilding, then such architect shall further certify that the
design is homogeneous with the existing structure on said lot.
22. TERMS: These restrictions are covenants real which shall run with the land
and shall be binding upon all future lot owners, and those claiming under them,
for a period of seven (7) years from date of recordation of the Deed of
Dedication. Thereafter, these restrictions shall be automatically extended for
successive periods, of seven (7) years, unless an instrument signed by a majority
of the then owners of the lots agreeing to amend the restrictions in whole or in
part is recorded in the land records of Frederick County, Virginia, prior to the
commencements of one of the said seven (7) year terms.
23. ENFORCEMENT: The Grantor and any and every person hereafter having
any right, title, or interest in any lot shall have the right to prevent or stop
violation of any of these restrictions, by injunction or other lawful procedure,
and to recover any damages resulting from such violation, subject to the
reservations of the Grantor set forth in paragraphs 20 and 21 above.
24. SEVERABILITY; Invalidation of any one of these covenants by judgement
or court order of in any other manner, shall in no way affect any of the other
provisions, which shall remain in full force and effect.
The above and foregoing subdivision of Glendobbin Ridge, more particularly described
by the aforesaid attached survey of David M. Furstenau, L. S., dated September 16, 2002, is
with the free consent and in accordance with the desire of the undersigned Owners.
WITNESS the following signature and seal:
STATE OF VIRGINIA AT LARGE
CITY /COUNTY of �/Zei-ee7c L'
The foregoing instrument was acknowledged be
2003 by Glen W. Russell and Pamela L. Russell
My commission expires C7u.,,.e. 3*1° O e
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To -wit:
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me 7" day of January.
I, David M. Furstenau, a duly authorized Land Surveyor, do hereby certify that the land In this subdivision Is In the
names of Glen W. and Pamela L. Russell and Is all of the land conveyed to them by deed dated March 29, 2002
and recorded among the records of the Clerk of the Circuit Court of Frederick County a3 Instrument number
020005243.
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Above and foregoing subdivision of the land of Glen W. end Pamela L. Russell as appears In the accompanying
plat is with the free consent and In accordance with the desires of the undersigned owners, proprietors or
trustrees, If any.
Glen W. Russell
FINAL PLAT
RURAL PRESERVATION SUBDIVISION
GLENDOBBIN RIDGE
STONEWALL DISTRICT
FREDERICK COUNTY, VIRGINIA
TAX MAP 43- A- 15A,16,17 ZONE: RA USE: AGRICULTURAL
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SURVEYOR'S CERTIFICATE
OWNER'S CERTIFICATE
State of V
notary public In and for the Stale of Virginia and the CIty /County of
do hereby certify that this day personalty appeared before me, Glen W. Russell and
Pamela L. Russell whose names are signed to the above Owner's Certificate dated September 11. 2002 and
ackn• to 0 ame re me In my state and city/county as aforesaid.
9
Sir9 Notary Public
Given under my hand this day of, 2002
My commission expires c 30"'" -r X.
APPROVALS
P�1�fi
FREDERICK Cl2 SUED SION ADMINISTRATOR
FURSTENAU SURVEYING (540) 662 -9323
111 SOUTH LOUDOUN STREET
WINCHESTER, VIRGINIA 22601
David Ls.
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Date
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�'�F SPORTATION Date
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RICK Ol7NTY HEALTH DEPARTMENT Date
41/ vrIt? I41ADEPAR ra
WINCHES 7- REDE
DATE SEPT: 16, 2002
SCALE
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lot 73
43 -9 -73
RA VACANT
SPRING
MCKOWN
43 -A -15
RA VACANT
40 RESERVE LOT
36.5387 AC.
(CANNOT BE FURTHER SUBDIVIDED
PER SECTION 165 -54D OF THE
FREDERICK COUNTY ZONING ORDINANCE)
5 68 °09'59 "E 1220420'
FUItSTENAU SURVEYING (540) 662 9323
111 SOUTH LOUDOUN STREET
WINCHESTER, VIRGINIA 22601
The proposed private drhwvey /rood b not built according to
sheet specifications of end WI not be maintained by. the Virginia
Department of Ttanapottedon or Frederick County. The improve-
ment end maintenance of add driveway /road shall be the sole
responsibility of Ilro camas o1 Iota which ere provided with access
vie- the driveway /road. Sold driveway /roads will not be
considered for inclusion Into the state secondary system until they
meet the epplicsble compaction standard, of the Virgin's
Department of Trensportatlon. The cost of bringing said
driveway /road to accegable aondsrds shell not be borne by the
Virginia Department of TtensportatIoa not by Frederick County.
FINAL PLAT
RURAL PRESERVATION SUBDIVISION
GLENDOBBIN RIDGE
STONEWALL DISTRICT
FREDERICK COUNTY, VIRGINIA
VALLEY SUED. SECTION 4
ALL LOTS IN THE NAME OF MA SHALL MILLS INC.
lot 72 RA i lot 71 RA lot 70 RA 1
43.9 -72 VACANT 43 -9 -71 VACANTT VACANT
i N 68 °01'07 "W 1519.94' 143 -9 -70
SD' RRL
FIELD
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LOT 16 I LOT 15
rev IO /10.'02
DATE: SEPT. 16, 2002
!SCALE: I" 250'
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7563 -6743
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THIS DEED IS BEING RERECORDED, TO RECORD THE ATTACHED SURVEY.
-040026114
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THIS DEED made and dated this 15 day of December, 2004 by and between BETTY
G. McKO WN, by her Attorney -in -Fact Charles A. Taylor, hereinafter called the Grantor, and
GLEN W. RUSSELL and PAMELA C. RIISSEL husband and wife, hereinafter called the
Grantees.
WITNESSETH: That for and in consideration of the sum of Ten Dollars ($10.00), cash
in hand paid and other valuable consideration, receipt whereof is hereby acknowledged, the
Grantor does grant and convey, with General Warranty and with English Covenants of Title, unto
the Grantees, as tenants by the entirety in fee simple, with survivorship as at common law,
together with all rights, rights of way, privileges improvements thereon and appurtenances
thereto belonging, all of the following realty:
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All of that certain lot or parcel of land, lying and being situate in Stonewall
District, Frederick County, Virginia, designated as containing 31.1851 acres, more
ce o or less, and more particularly described by Boundary Survey Land of Betty G.
McKown, drawn by David M. Fursteanu, L.S., dated December 2, 2004 attached
hereto and made a part hereof as if set out in full. AND BEING a portion of the
property conveyed to Floyd T. McKown and Betty G. McKown, his wife, as
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o vi I tenants by the entireties, with right of survivorship as at common law, by Deed
I a x from James R. Lowry and Ruth Lowry, his wife, dated March 31, 1956 of record
m I o z in the.Office of the Clerk of the Circuit Court of Frederick County, Virginia, in
Ate w 3 Deed Book 240, at Page 546. The said Floyd T. McKown died January 19, 1981
and the aforesaid subject property passed to his wife, Betty G. McKown by the
m aforementioned survivorship provision. Reference is hereby made to the aforesaid
o z instruments and the references contained therein for a further and more particular
z z o description of the property conveyed herein.
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F a This conveyance is made subject to all legally enforceable restrictive covenants and
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F9 easements of record affecting the aforesaid realty.
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8 H g I The Grantor does hereby covenant that she has the right to convey to the Grantees; that
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the Grantees shall have quiet and peaceable possession of the said property, free from all lien
and encumbrances; and she will grant such further assurances of title as may be requisite.
WITNESS the following signature and seal: p
(SEAL)
BETTY G. McKOWN, by her Attorney -in -Fact
Charles A. Talyor
STATE OF VIRGINIA
COUNTY OF FREDERICK, To -wit:
1, Bonita H. Brill, a Notary Public in and for the State and jurisdiction aforesaid, do
hereby certify that Betty G. McKown, by her Attorney -in -Fact Charles A. Taylor, whose name is
signed to the foregoing Deed, dated this 15" day of December, 2004 has personally appeared
before me and acknowledged the same in my State and jurisdiction aforesaid.
Given under my hand this 15`" of December, 2004.
My commission expires 11/30/2005.
Notary Public
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STATE OF VIRGINIA
COUNTY OF FREDERICK, to -wit:
This day personally appeared before me the undersigned, a Notary Public in and for the
State and jurisdiction aforesaid, Charles A. Taylor (the "Affiant"), who, after being first duly
sworn, deposed and said as follows:
1. That the Affiant is Attorney -in -Fact for Betty G. McKown under Power of
Attorney dated June 2, 2004.
2. That at the time of executing and delivering the deed dated December 15, 2004 to
Glen W. Russell, the Affiant has not received actual knowledge or actual notice of the revocation
of termination of said Power of Attorney by death, disability or otherwise, or notice of any facts
indicating same.
3. That the property is one and the same as that parcel known as containing 31.1851
acres as shown on the Boundary Survey Land of Betty G. McKown, Stonewall District, Frederick
County, Virginia.
Executed upon oath this 15" day of December, 2004. ^7
p Q A A 9O4 Q, (SEAL)
CHARLES A. TAYLOR, omey -in -fact for Betty
G. McKown
Subscribed and sworn to before me this 15" day of December, 2004.
My commission expires 11/30/05.
N1.`.; FR, OFR Inc COCNTY, SCr.
o(wri[ing wy5 produced to me on
Rent l hcrLR, 'annexed
ngwse. Sc. e 58. t -802 of
csktlE Ds%ru.a.1131. 1r.c r••.vpa
and 56.1.801 have been paid, t able
O Clerk
AFFIDAVIT
(Pursuant to Section 11 -9.2 of the Code of Virginia)
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