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HomeMy WebLinkAbout16-05 DeedM if 034 61 ;918PG1139 THIS DOCUMENT PREPARED WITHOUT TITLE EXAMINATION. EXEMPT FROM RECORDATION TAXES UNDER THE PROVISIONS OF SECTION 58.1 -811 A(10) OF THE 1950 CODE OF VIRGINIA, AS AMENDED THIS DEED made and entered into this L day of Z-ia z 1998, by and between, C. Ridgely White and Eleanor S. White, his wife, both individuals and residents of Frederick County, Virginia, hereinafter referred to as Grantors, and 740, LLC, a Virginia limited liability company, hereinafter referred to as Grantee. WITNESSETH: �s> b wk. letlim, n. ftd y, P.C. THAT FOR good and valuable consideration, the receipt of which is hereby acknowledged, each of the Grantors does hereby grant and convey, with General Warranty of Title, unto the Grantee, all of his and her right, title, and interest in the following described property with all improvements, privileges, and appurtenances therewith connected, to -wit: ALL that certain parcel of land containing 25 acres, more or less, in Back Creek District, Frederick County, Virginia and being the same property conveyed to C. Ridgely White from Lucy M. Hack by deed dated May 9, 1967, of record in the Clerk's Office of the Circuit Court of Frederick County, Virginia in Deed Book 330, at page 414. BEING that same property in which Eleanor S. White received a two percent (2 %) property ownership interest, as tenants in common, in fee simple absolute conveyed from C. Ridgely White by Deed dated Tu L, 1998, of record in the Clerk's Office of the Circuit Court of Frederick County, Virginia in Deed Book gob. at page SG / . Reference is hereby made to the aforesaid deeds and to the references contained therein for a more complete and particular description of the tract or parcel of land conveyed by this Deed. This deed is made subject to the conditions, restrictions and easements set forth in deeds of record conveying the land and constituting constructive notice, insofar as • he same may now be in force and effect, but this deed shall not be construed as :xtending or reimposing said restrictions. WITNESS the following signatures and seals: C. Ridgely White By. (Seal) M. Willis White, as attomey -in -fact for C. Ridgely White Eleanor S. White By: _ / - -- mac- (Seal) M. Willis White, as attomey -in -Fact for Eleanor S. White LOW Mes JeArev A. tM V. PC COMMONWEALTH OF VIRGINIA CITY/ COUNTY OF ivn rrr &V iJ , to -wit: The foregoing instrument was acknowle / dged before me in the jurisdiction aforesaid this 11Y4 day of S?� 1995, by M. Willis White, attomey-in- fact for C. Ridgely White and Eleanor S. White, on their behalf. , / µU11 Given under my hand this day of r,! . , 199$'•: ?� ice; 6 �i yt , OI Public My Commission expires: J VIAG884: FRELEFICKCOUNT% BCC Thl IneU l B ument o wr twrA e yduced to me on Ih� =days b^ ,19 r � and with ceNlicete of ackndwledement thereto a exec was qqd!P hied Ic record. Tea ImPaeed by bac. 58.1 -802 01 j �YyL , and 68.1.801 have been Palo. 11 assysae0la. M CD NO C-) 030024683 THIS DEED is made this 17th day of October 2003, by and between PEMBROKE COVE PROPERTIES. L.L.C., a Virginia limited liability company, and Kenneth F. MARSHALL. Grantors, and GREYSTONE PROPERTIES, LLC, a Virginia limited liability company, Grantee. W ITNESSETH: That for and in consideration of the sum of Ten Dollars ($10.00) cash in hand paid by the o Grantee to the Grantors, and other good and valuable consideration, the receipt whereof is hereby N acknowledged at and before the sealing and delivery of this deed, Grantors do hereby grant and j convey with Special Warranty, subject to easements, restrictions and reservations of record, unto y� Greystone Properties, LLC, a Virginia limited liability company, all that certain parcel of land F containing 112,1850 acres, more or less, and that certain parcel of land containing 7.082 acres, more or less, both situate in Frederick County, Virginia, together with the improvements thereon, M D and all rights, privileges, appurtenances, easements and rights of way thereunto belonging or in anywise appertaining, more particularly described as follows: Tract One: 112.185 Acre Parcel All that certain lot, piece or parcel of land, with all improvements thereon, lying and situated in Frederick County, Virginia, consisting of approximately 112.185 acres (more or less) and is more particularly described in that survey prepared by Marsh & Legge Land Surveyors, P.L.C. dated August 10, 1995, with such survey being attached to the Deed of Confirmation/Correction dated August 26, 1997, recorded in the Clerk's Office of the Circuit Court of Frederick County in Deed Book 886, page 445. Being the same property acquired by Pembroke Cove Properties, L.L.C., a one -half interest, by Deed dated February 17, 1995, of record in the aforesaid Clerk's Office in Deed Book 834, page 1176, and by Deed of Confirmation/Correction from Clyde Lee Marshall, which deed is dated August 26, 1997 and recorded in the aforesaid Clerk's Office in Deed Book 886, page 445; and the remaining one -half interest, by Deed from Kenneth F. Marshall, as Trustee under the Francis J. Marshall, Jr. Residual Trust U/W, dated February 17, 1995, and recorded in the aforesaid Clerk's Office in Deed Book 834, page 1178, and by Deed of Confirmation/Correction from Kenneth F. Marshall, As Trustee Under the Francis J. Marshall, Jr. Residual rhii da men' war prepared by Keeler Obauhain PC P.O. B. IM7,, Barrkmbv g. V4,;W. 22803 E 0 N b ry Trust UlW, dated August 26, 1997, recorded in the aforesaid Clerk's Office in Deed Book 886, page 449. Tract Two: 7.082 Acre Parcel All of that certain lot or parcel of land, containing 7.082 acres, more or less, lying and being situate in Back Creek Magisterial District, Frederick County, Virginia, located on the North side of Route 622 also known as Cedar Creek Grade for a length of approximately 402', having approximately 724' on its Eastern boundary, having approximately 295' on its Northern boundary and having approximately 1005' on its Western boundary and containing 7.082 acres, as per plat and survey of Lee A. Ebert, C.L.S., dated November 2, 1981, recorded in the aforesaid Clerk's Office at Deed Book 543, page 247. Being the same property acquired by Kenneth F. Marshall by Deed from Kenneth F. Marshall and Mary L. Marshall, his wife, which deed is dated September 11, 1997 and recorded in the Clerk's Office of the Circuit Court of Frederick County, Virginia, in Deed Book 887, page 893. This conveyance is expressly subject to easements, conditions, restrictions and reservations contained in duly recorded deeds, plats and other instruments constituting constructive notice in the chain of title to the property hereby conveyed, which have not expired by limitation of time contained therein or otherwise become ineffective. WITNESS the following signature and seal. and F. Marshall IN WITNESS WHEREOF, PEMBROKE COVE PROPERTIES, L.L.C. has caused this deed to be executed in its name and on its behalf by the undersigned on due authority. PEMBRO {E COVE PROP S, L.L.C. By: (SEAL) Name: �CF r r Title: M..�a �r�� A,rl 0 0 0 :v c:Y STATE OF VIRGE UA CITY/e61�f OF Lm ion�>n , , to -wit: The for 'n in trument was acknowledged before me in the jurisdiction aforesaid this ,,? day of m / , 2003, by Kenneth F. Marshall as a member /manager of Pembroke Cove Properties, L.L.C., on its behalf. My commission expires OD (SEAL) . • T�ZH , = //x�1 l . �/ // /; u N aryPublic u,v„nr STATE OF VIRGEVIA ' CITY /9094T -KO � � ,to -wit: The to go'n instrument was acknowledged before me in the jurisdiction aforesaid this ay = 2003, by Kenneth F. Marshall. -?� of — , My commission expires: r (SEAL) Nota Public Grantee's Address: 13 South Loudoun Street Winchester, Virginia 22601 ,. `' :, o 'jn C .sj22979 V1RCr1N1A; FREDERICK COUNTY �SC - on to writin�g2 .., This instrnnteeqnt�o�f II qggg I with certificate of acknowledo d b t t� 58.1 802 of Y w � was adrtdt[ed to record. T hnP dd 58.1.80 have been Paid• °' S 3, Q a Clerk % J/�� 05- IT-2004 11:51am From-HARRISON 8 JOHNSTON 5406671312 T -682 P.002 F-W 1,3U11U6 1 Jn • • Tax Map :1-.4 -92 and Tax Map 53 -A -92A - this insnroment prepared by, Recording requested by, CM And when recorded rca m to: Philip Tenley Jones, Esq. Miller and Smith at Willow Run, L.L.C. no 8401 Greensboro Drive Store 300 McLean Virginia 22102 - DEED OF BOUNDARY LINE ADJUSTMENT. VACATION AND SPECIAL WARRANTY CONVEYANCE Between the lands of Willow Grove L.C. and Miller and Smith at Willow Run, L.L.C. Shawnee District Frederick County Virginia THIS DEED OF BOUNDARY LANE ADJUSTMENT, VACATION AND SPECIAL WARRANTY CONVEYANCE is entered into this IA; ° day of May, 2004, by and between WILLOW GROVE L.C. ( "Willow Grove ") a Virginia limited liability company, Grantor; and MILLER AND SMITH AT WILLOW RUN, L.L.C.. (UT% a Virginia limited liability company, Grantee; and; RECITALS A. Willow Grove is owner of 156.443 acres of land known as Tax Map 53 -A -92 ( "Willow Grove Property"), having acquired the land by a deed recorded in Deed Book 869 at Page 596, among the land records of Frederick County, Virginia ("Land Records'). B. MS is the owner of 1.444 acres of land known as Tax Map 53 -A -92A ( "MS Property'7, having acquired the land by deed recorded as Instrument Number Or/ 000 479 7 , among the Land Records. (Willow Grove and MS, collectively, "Owners'. C. It is the desire of Willow Grove and MS, their successors and assigns, to adjust the boundary line between Willow Grove Property and MS Property, conveyingto MS approximately 144.398 acres to form a Final MS Property, as defined herein, and more particularly described in Exhibit A, attached hereto and made a part hereof, all as shown on the plat attached hereto and made a part hereof. entitled "BOUNDARY LINE ADJUSTMENT, BETWEEN THE LANDS OF WILLOW GROVE L.C. AND MILLER AND SMITH AT WILLOW RUN, L.L.C. by Marsh & Legge Land Surveyors, P.L.C. and dated April 27, 2004 (the "Plat "). NOW. THEREFORE, W ITNESSETH- that for and inconsideration of the sum of NINE MILLION TWO HUNDRED FIFTY THOUSANDAND NO /100 DOLLARS ($ 250.000.00 cash in hand paid, the receipt and sufficiency of which ate hereby acknowledged, the Owners, do hereby adjust the boundary of the Willow Grove Property and the MS Property, in Frederick County, Virginia. as more particularly shown on the Plar, and do hereby declare that this boundary line adjustment is made with their free consent, in accordance with the desires of the Owners, and in accordance with the statutes of Virginia governing the platting of land. -I - 05 -17 -2004 11:57am From - HARRISON I JORNSTON 5405671312 T -652 P.003 F-337 • •t Final Willow Grove Property Tax Map 53 -A -92 . N li9.901 ACRES AND 4.497 ACRES ARE HEREBY SUBTRACTED FROM (Willow Grove Property) AND 139,901 ACRES AND 4.497 ACRES ARE HEREBY ADDED TO THE ADJOINING 1.444 ACRES (MS Properly) TO CREATE ONE PARCEL OF 16.542 ACRES (Final Willow Grove Property Tax Map 53 -A -92) AND DOES NOT CREATE A NEW BUILDING LOT. Final MS Property Tax Map 53 -A -92A 139.901 ACRES AND 4.497 ACRES ARE HEREBY ADDED TO (MS Property) AND 139.901 ACRES AND 4.397 ACRES ARE HEREBY SUBTRACTED FROM PART OF THE ADJOINING 156.443 ACRES (Willow Grove Property) TO CREATE ONE PARCEL OF 145.S42 ACRES (Final MS Propem Tax Map 53- A -92A) AND DOES NOT CREATE ANEW BUILDING LOT. Final Tax Map 53 -A -92A is now defined as the "Final MS Property" and is more particularly described in Exhibit .A, attached hereto and made a part hereof. Final Tax Map 53 -A -92 is now defined as the "Final Willow Grove Property' and is more particularly described in Exhibit B, attached hereto and made a part hereof. CONVEYANCE THIS DEED FURTHER WffNESSETH, That for and in consideration of the sum of Ten Dollars (S 10.00) cash in hand paid, the receipt and sufficiency of which are hereby acknowledged. Willow Grove does hereby grant, bargain, sell and convey, WITH SPECIAL WARRANTY OF TITLE, onto MS and their successors and assigns, in fee simple, all that certain land and premises situated in Shawnee District. Frederick County, Virginia, known as those former portions of Tax Map 53 -A -92 as listed above as 139.901 acres and 4.497 acres, that are now a part of Final Tax Map 53 -A -92A, all as more particularly described in the Plat ( "Willow Grove Conveyance "). TOGETHER WITH the any buildings thereupon, and all of the ways, easements, rights. alleys, waters, covenants. benefits, rights -of -way, agreements, privileges. and appurtenances and advantages to the same belonging, enjoyed by, or in any way benefiting or appertaining to the New MS Property. TO HAVE AND TO HOLD. the propertyand appurtenances unto and to the use of Grantcc. its successors and assigns in fee simple, forever- AND the Grantor hereby covenants to and with Grantee and its successors and assigns that they have not done or suffered to be done any act. matter nr thing wharsoever. to encumher the -2- 05-17-2004 11:57am From- HARRISON I JOHNSTON 5406671312 T -662 P.004 F-337 W property hereby conveyed; that they will warrant specially the properry hereby granted; and that they will execute such further assurances of the same as maybe requisite. VACATIONS THIS DEED FURTHER WITNESSETH That for and inconsideration of the premises and the sum of One Dollar ($1.00), cash in hand paid, the receipt and sufficiency of which are hereby acknowledged, MS does hereby vacate all of its right, title and interest in and to those portions of easements recorded in Deed Book 550, at Page 256 shown as "Existing 20' R/W (Hereby Vacated)" on the Plat. The Owners agree that the agreements and covenants stated in this Deed are not covenants personal to the Owners but are covenants running with the land which are and shall be binding upon the Owners, their successors and assigns. The Owners agree that the Recitals are incorporated as if set forth herein. This document may be executed in counterparts, each of which shall be an original but which, taken together, shall constitute one and the same instrument. The provisions of this Deed are severable and the invalidity of one or more of the provisions or the termination of any easement or covenant granted hereunder shall not affect the validity or enforceability of any provision. This Deed shall be governed by and construed and enforced according to the laws of the Commonwealth of Virginia WITNESS the following signatures and seals: WILLOW GROVE: Willow Grove, LC, a Virginia limited liability company By: It�. W� White, Manager State of Virginia Countyof Tlc e"ll I, the undersigned Notary Public, in and for the State and County aforesaid, do hereby certify that M. Willis White whose name is signed to the foregoing document as Manager on behalf of the Willow Grove. LC, appeared before me and personally acknowledged the same in my jurisdiction aforesaid. Given under my hand and seal this 13 day of May, 200 My commission expires: S j1 �CO6 L ) ` J . 4 05- 17-2004 11:57am From- HARRISON 4 JOHNSTON� 5406671312 T -662 P 00 F -337 •O MS: Miller and Smith at Willow Run, L.L.C.. a Virginia limited liability company r By: A arles F. Si an;,hr. Manager State of Virginia County of Fairfax I, the undersigned Notary Public, in and forthe State and County aforesaid, do herebycenify that Charles F Stuart. Jr., whose name is signed to the foregoing document as Manager, on behalf of the Miller and Smith at Willow Run, L.L.C., appeared before me and personally acknowledged the same in my jurisdiction aforesaid. Given under my hand and seal this �z day of May, 2004. 11 My commission expires: 3C • eL otary _ v. �` j � � I mu. L 1 /a/ Tlublic ' { Lei :•�rq �4; :O O -4- 05 -12 -2004 11 :57am From - HARRISON I JOHNSTO� 5406671312 T-682 P.006/016 F -33T • EXHIBIT A To DEED OF BOUNDARY LINE ADJUSTMENT. VACATION AND SPECIAL WARRANTY CONVEYANCE METES AND BOUNDS DESCRIPTION OF THE LAND OF C MILLER AND SMITH AT WILLOW RUN, L.L.C. PIN 53 -A 92A rn SHAWNEE MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA Area on East Side of Merriman's Lane "Beginning at a point in the center of Merriman's Lane at the most westerly corner of the Willow Grove L.C. land (PIN 53- A -92); thence with the said Willow Grove L.C. land for the four following courses: S 38'49'23" E - 1,070.22 feet to a point; thence N 80° 23' 26" E - 952.35 feet to a point; thence S 53 46' 18" E - 1,366.24 feet to a point in the southerly line of the 740 LLC land (PIN 53- A -90); thence with the said line of the land of 740 LLC, S 44° 32' S1" E - 207.19 feet to a point in the westerly line of the land Greystone Properties, LLC (PIN 53- A -91); thence with the said line of the land of Greystone Properties, LLC, S 35 09" W-2,403.40 feet to the most westerly comer of the said Greystone Properties, LLC land and the northerly line of the land of Java Properties, LLC (PIN 63 -A -1); thence with the said Jova Properties, LLC land for the two following courses: N 44 37' 34" W - 1,195.84 feet to the most northerly comer of The said Jova Properties, LLC land; thence continuing with another line ofthe land of7ovaProperdes, LLC, S 40° 31' 36" W - 241.55 feet to the most easterly comer of the Willow Grove L.C. land (PIN 53 -3 -A); thence with the northerly line of the said Willow Grove L.C. land, N 40 50'71" W - 571.97 feet to the most easterly comer of the Melco, Inc. land (PIN 53- A -94); thence with the northerly line of the said Melco, Inc. land, N 40 48' 27" W - 365.07 feet to the most northerly comer of the said Melco, Inc. land, a comer to the aforementioned Willow Grove L.C. land; thence continuing with another line of the Willow Grove L.C. land, N 41° 01' 53" W - 658.63 feet to a concrete monument found in easterly right of way line of Virginia Secondary Route 621 (Merriman's Lane); thence with the said easterly right of way line ofMerriman's Lane for the 13 following courses: N 14'22'45"W- 78.16 feet to a concrete monument found at the P.C. ofacurve to the right; thence with the Arc of the said curve 93.78 feet (Radius = 50.00 feet; Chord = N 13° 26' 54'E - 80.62 feet) to the P.T.; thence N 75 20' 52" E- 228.61 feet to a concrete monument found; thence N 59° 10'51"E - 109.08 feet to a concrete monument found; thence N 26 05' 28" E - 98.77 feet to a concrete monument found; thence N 22 35' 16" W - 150.77 feet to a concrete monument found; thence N 31° 54' 53" E - 138.70 feet to a concrete monument found; thenceN 09'48' 02" E- 275.47 feet; thence N 07° 05' 21" W - 198.96 feet to the P.C. of a curve to the right; thence with the Arc of the said curve 481.58 feet (Radius = 624.07 feet; Chord = N 13'51' 17"E-469.72 feet) to the P.T.; thence N 11 58' 27" E - 73.79 feet to a point; thence N 54' 02' 19" W - 20.00 feet to a point in the centerline of Merriman's Lane; thence with the said centerline ofMerriman's Lane with the Arc of a curve to the right 117.84 feet (Radius = 477.47 feet; Chord =N 43 01' 54" E - 117.54 feet) to the point of beginning." Containing ........ 141.345 Acres AND 5- 05- IT-2004 11:57am From- HARRISON I JOHNSTON 5406671312 T-632 P.007 /013 F-337 • • EXHIBIT A (continued) To DEED OF BOUNDARY LINE ADJUSTMENT. VACATION AND SPECIAL WARRANTY CONVEYANCE m METES AND BOUNDS DESCRIPTION OF THE LAND OF MILLER AND SMITH AT WILLOW RUN, L.L.C. PIN 53 -A -92A SHAWNEE MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA Area on West Side of Merriman's Lane "Beginning at a point at the intersection ofthe easterly right of way line of Route 37 and the westerly right ofway line of Route 621 (Merriman's Lane); thence with the said line of Route 37, N 10 52' 08" E — 466.39 feet to an iron rod at the most southerly comer of Merriman's Chase Subdivision Open Space; thence with the southerly line of the said Open Space, N 36° 50' 22" E — 482.63 feet to a railroad spike found in the westerly right of way line of Route 621 (Merriman's Lane); thence with the said line of Route 621 (Meniman's Lane) for the five following courses: S 04 47' 26" E- 259.5D feet to a point; thence S 00° 58' 28" W- 272.68 feet to a concrete monument found; thence S 29° 38' 24" W — 271.73 feet to a point; thence S 54 18' 52" W — 726.78 feet to a concrete monument found; thence N 53 49' 29" W — 93.87 feet to the point of beginning." Containing ........ 4.497 Acres M 05 -17 -2004 11:58am From- NARRISON 8 JOHNSTON 6408071312 T-682 P.008 /018 F -337 EXHIBIT B C To _ DEED OF BOUNDARY LINE ADJUSTMENT, Aa VACATION AND SPECIAL WARRANTY CONVEYANCE v METES AND BOUNDS DESCRIPTION OF THE LAND OF WILLOW GROVE L.C. AFTER THE GRANT TO MILLER AND SMITH AT WILLOW RUN, L.L.C. PIN 53 -A -92 SHAWNEE MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA "Beginning at a point in the center of Merriman's lane at the most westerly comer of the Miller and Smith at Willow Run, L.L.C. land (PIN 53- A -92A); thence with the centerline ofMerriman's Lane for the two following courses, with the Arc of a curve to the right 60.60 feet (Radius = 477.47 feet; Chord = N 53' 44' 17" E - 60.56 feet) to a point; thence N 57' 22' 27" E - 105.00 feet to a point, a comer to the 750 LLC land; thence with the southwesterly line of the 750 LLC land for the seven following courses: S 50' 25' 30" E - 742.86 feet to a point; thence S 68' 26' 13" E - 169.25 feet to an iron rod found; thence N 34' 04'34" E - 97.74 feet to an iron rod found; thence with the Are of a curve to the left 96.97 feet (Radius = 213.23 feet; Chord =N 21' 02'50" E - 96.14 feet) to a point; thence N 08' 01' 06" P - 65.70 feet to an iron rod found; thence S 63' 32' 51 ", E - 1,075.48 feet to a point; thence S 44' 32'51"E-1,1 16.79 feet to a point, a comer to the Miller and Smith at Willow Run, L.L.C. land; thence with the northerly line ofthe Millerand Smith at Willow Run, L.L.C. land for the three following courses: N 53' 46' 18" W - 1,366.24 feet to a point; thence S 80' 23' 26" W - 952.35 feet to a point; thence N 38' 49' 23" W - 1,070.22 feet to the point of beginning-" Containing 16.542 Acres .7- 05-17 -2004 11:58am From- HARRISON 6 JOHNSTON 8406fi71312 T -682 P.009 /018 F -337 a O ROUTE 37 '��f< r, . MERRIMAN'S;. m °.;" LANF RADIUS ARC LENGTH TANGENT CHORD LENGTH CHORD BEA C7 707'2733" 50.00' 9378' ORCHARD 80.62' N 13'2 E LANE 447249" p h ( 253.49' 469.72' .i S E c al C 14'08'25" 477.47' 117.84' 4� .. VICINITY MAP • SCALE. I"=2 N 43'01'54" E ! A P P �" VED SUBDIVISION ADMINISTRATOR ( "' (; = ? ^' /', Y DATEO'' CURVE DELTA ANGLE RADIUS ARC LENGTH TANGENT CHORD LENGTH CHORD BEA C7 707'2733" 50.00' 9378' 66.14' 80.62' N 13'2 E C2 447249" 624.07' 481.58' 253.49' 469.72' N 13'51'17" E C3 14'08'25" 477.47' 117.84' 59.22' 11754' N 43'01'54" E C4 0776'20" 477.47' 60.60' 30.34' 60.56' N 53'44'77" E C5 26'03'27" 213.23' 96.97' 49.34' 96.14' S 21'02'50" W BLE L6 SURVEYOR'S CERTIFICA TE I HEREBY CERTIFY THAT THE LAND CONTAINED IN THIS BOUNDARY LINE ADJUSTMENT IS A PORTION OF THE LAND CONVEYED TO WILLOW GROVE L.C., [ TM-5J—A-92] BY DEED DATED 20 SEPTEMBER. 7996, AS RECORDED IN DEED BOOK 869 PACE 596 IN 7HE OFFICE OF THE CIRCUIT COURT OF THE COUNTY OF FREDERICK, VIRGINIA, AND ALL OF THE L ND CONVE D TO MILLER AND SMITH AT WILLOW RUN, L.L.C.[7M-53— A-92AJ BY DEED DATEDZ7A' A AJO 2004, AS RECORDED IN INSTRUMENT NUMB 79 IN THE OFFICEv OF THE CLERK OF THE CIRCUIT COURT OF THE COUNTY OF FREDERICK, VIRGINIA. THE CURRENT ZONING FOR THESE PROPER77ES IS RA. BETWEEN THE [ANDS OF WILLOW GROVE L.C. TAX MAP 53 —A -92 AND MILLER AND SMITH AT WILLOW RUN, L.L.C. TAX MAP 53 A -924 O 0412710 I SCALE.- N/A I SHEET I OF 8 Marsh & Le Land Surve P.L.C. 560 NORTH LOUDOUN STREET - WINCHESTER, VIRGINIA 22601 PHONE (540) 667 -0468 — FAX (540) 667 -0469 - EMAIL aMce0marshanelegge.cam D. 001197 4v�*664 4 DRAWN B7: DWG NAME: 5464- 8LA.dwg 05-17-2004 11:58w Fro-HARRISON 6 JOHNSTO� 540667131Z T -532 P.010/013 F -337 n OWNER'S CERTIFICA TE I_n THE ABOVE AND FOREGOING BOUNDARY LINE ADJUSTMENT OF THE LANDS OF WILLOW GROVE L.C. [TM- 53- A -92], AS APPEARS IN THE ACCOMPANYING PLAT, IS WITH THE FREE CONSENT AND IN ACCORDANCE WITH THE DESIRES OF THE UNDERSIGNED OWNERS, PROPRIETORS, AND TRUSTEES, IF ANY. BY. ON BEHALF OF WILLOW GRO L. NOTARY PUBLIC STATE OF tip' lam i CITY /COUNTY OF l %i I' -'• �< i THE FOREGOING INSTRUMENT WAS ACKNOWLEGED BEFORE ME O AS' /' Z ' /�•' I BY // (DA TE) ON BEHALF OF WILLOW GROVE L.C. +r ) {_ MY COMMISSION EXPIRES V' /r. (NOTARY PUBLIC OWNER'S CERTIFICA TE THE ABOVE AND FOREGOING BOUNDARY LINE ADJUSTMENT OF THE LANDS OF MILLER AND SMITH AT WILLOW RUN, L.L.C. [TM- 53- A -92A], AS APPEARS IN THE ACCOMPANYING PLAT, IS WITH THE FREE CONSENT AND IN ACCORDANCE WITH THE DESIRES OF THE UNDERSIGNED OWNERS, PROPRIETORS, AND T� TEES, I Y. 7 BY. '/ Vi' jz ON BEHALF OF MYLLER do SMITH AT WILLOW RUN, L.L.C. NOTARY PUBLIC \, STATE of CITY / ®OF ij•�. THE FOREGOING INSTRUMENT WAS ACKNOWLEGED BEFORE ME ON An 1 g _BY (DA TE) _I W.Y1e5 • F_S kt3r+.- i,�'bC'• ON BEHALF OF MILLER AND SMITH AT WILLOW RUN, L.L.C. -�j0 J: r i +�. MY COMMISSION EXPIR£S�' NOTARY PUBLIC) NOTES: 7. NO 777LE REPORT FURNISHED; THEREFORE, THERE MAY BE ENCUMBRANCES AFFECTING THE PROPERTY BY THIS SURVEY AND PLAT THAT ARE NOT SHOWN HEREIN, 2. BOUNDARY INFORMATION SHOWN HEREIN IS BASED ON AN ACTUAL FIELD SURVEY COMPLETED JULY 2003. BOUNDARY LINE ADJUSTMENT BETWEEN THE LANDS OF TH OP / WILLOW GROVE L.C. rp TAX MAP 5J-A-92 AND o Gr2 M /LLER AND SMITH AT WILLOW RUN, L.L.C. X MAP 53 -A -92A TAX o gg a� DISTRICT No. 001197 FREDERICK COUNTY VIRGINIA l/ 1D gURN Ey 404N1N ►Nt OATE.• 04127104 SCALE NIA SHEET.- 2 OF B Marsh & Le Land Sury e yors , P.L.C. 560 NORTH LOUDOUN STREET - WINCHESTER, VIRGINIA 22601 DRAWN BY: DJF PHONE (540) 667 -0466 - FAX (540) 667 -0469 � EMAIL olfce&narshandlegge.mm DWG NAME: 5454- &A.dw9 05-17-2004 11:58am From- HARRISON 4 JOHNSTON 5406671312 T -682 P.011 /018 F -337 O G i lP SHEET 3 OF 8 \ -� o SHEET 5 OF 8 \ c p � I SHEET 4 OF 8 SHEET 6 OF 8' c' I 0 cp KEYMAP _ 0' 400' I 800' GRAPHIC SCALE: 7 " =400' BOUNDARY LINE ADJUSTMENT BETWEEN THE LANDS OF TH OF WILLOW GROVE L.C. yi AX MAP 5J -A -92 0 AMD MILLER AND SMITH AT WILLOW RUN, L.G.C. TAX MAP 53-A-92,4 0 Iaa SHAWNEE DISTRICT o. 001197 FREDERICK COUNTY Ul 6IN61 DATE- 04127104 SCALE 1" =400' 1 SHEET- 2A OF 8 �qN .0 � SURVS � Marsh & Le Land Surve P.L.C. 560 NORTH LOUDOUN STREET ti WINCHESTER, VIRGINIA 22601 DRAWN BY: D✓F PHONE (540) 667 -0468 - FAX (540) 567 -0469 - EMAIL officeftershandlegge.com DWG NAME: 5464- 5L4.dwg 05 -17 -2004 11:58am From- HARRISON 8 JOHNSTON 5406671312 T-882 P.01�8 F -331 N 0' 200' 400' MERRIMAN O CHASE SUBDIVISION OPEN SPACE INST. 1 030007014 GRAPHIC SCALE- 1" =200' ZONED: RP 48 8,E USE RESIDENTIAL(OPEN SP �E), E 366 v nRI 0 i 5 -A -92A , p5ti �i 4.497 ACRES y ieVt� (WEST SIDE OF/ ����yr i 60 RTE. 621)' S /7 S 54 78'52" W S 293$ 13 W MF Q ,��, �QG MF 226.78' 2 Nw ` U VA. SEC. ROUTE 621 r N � ¢ a K C M If 4i PI) Zj V O�mN y) OB 431 PG 203 v N $ ' O y O \ r F CMF/ a z m l� 53 —A -94 Pi MELCO, INC. ° 08 565 PC 763' ZONED;RA USE: RESIDENTIAL MILLER AND � Fx LEGEND: to HFRFey -4 '* IRF -IRON ROD FOUND MENT FOUND co �p SEE SHEET 1 OF 8 FOR ' la LINE AND CURVE DATA MAIL LINF: SEC 1 fET 4 OF 8 8ETWEEN THE LANDS OF WILLOW GROVE L.C. TAX MAP 53 A -92 AND SMITH AT WILLOW TAX MAP 53 A -92A SHAWNEE DLSTRLCT RUN, L. L. C. D4Tt 04127104 1 SCALE- l" =200" I SHEET.• 3 OF 8 1 Marsh & Le Land Su rveyors P.L.C. 560 NORTH LOUDOUN STREET — WINCHESTER, VIRGINIA 22601 PHONE (540) 667 -0466 r FAX (540) 667 -0469 � EMAIL alficaftw3hondleggacom C maA'D s DRAWN BY: OWG NAME: 5464- &A.dwg VA. SEC. ROUTE 621 x613 MERRIMAN'S LANE IMF U5 MF i MF (VARIABLE WIDTH R /W) - y) OB 431 PG 203 v l ^��867• F CMF/ ( CM L2 F3 I I E MF ~ / � J I I I , A 53 —A -92A I; 1.444 ACRES ORIG. AREA + 139.901 ACRES (EAST SIDE RTE. 621) + 4.497 ACRES (WEST SIDE RTE. 6211 I I 145.842 ACRES TOTAL ADJ STED AR I I � Fx LEGEND: to HFRFey -4 '* IRF -IRON ROD FOUND MENT FOUND co �p SEE SHEET 1 OF 8 FOR ' la LINE AND CURVE DATA MAIL LINF: SEC 1 fET 4 OF 8 8ETWEEN THE LANDS OF WILLOW GROVE L.C. TAX MAP 53 A -92 AND SMITH AT WILLOW TAX MAP 53 A -92A SHAWNEE DLSTRLCT RUN, L. L. C. D4Tt 04127104 1 SCALE- l" =200" I SHEET.• 3 OF 8 1 Marsh & Le Land Su rveyors P.L.C. 560 NORTH LOUDOUN STREET — WINCHESTER, VIRGINIA 22601 PHONE (540) 667 -0466 r FAX (540) 667 -0469 � EMAIL alficaftw3hondleggacom C maA'D s DRAWN BY: OWG NAME: 5464- &A.dwg 05 -17 -2004 11:58am From- HARRISON I JOHNSTO� 5406671312 T -682 P.018 F -337 O tQ 0 I4. w I P$h I I 53 -A -92A 1.4441*CRES ORIG. AREA + 139.901I (EAST SIDE RTE. 621) 63 -A -1 + 4.4971 CRES (WEST SIDE RTE 621) JOVA PROPERTIES, LLC 145.842 WCR�S TOTAL ADJUSTED AREA INST # 040000377 ZONED: RA 1 USE: AGRICULTURAL i I I� I LEGEND: m CMF- CONCRETE MONUMENT FOUND 1 IRF -IRON ROD FOUND I — 1 _ - SEE SHEET 1 OF 8 FOR I LINE AND CURVE DATA I � 0 200' 400' GRAPHIC SCALEr 1 " =200' BOUNDARY LINE ADJUSTME, BETWEEN THE LANDS OF WILLOW GROVE L.0 TAX MAP 53 -A -92 AND MILLER AND SMITH AT WILLOW TAX MAP 53 -A-92A SHAWNEE DISTRICT 53-A-91 'YSTONE PROPERTIES, LLC INSTR. # 030024683 ZONED: RA USE: AGRICULTURAL RUN, L. L. C. 0011 1 DATE.- 04127104 1 SCALE.• 1 =200' I SHEET. 4 OF B 1 Marsh & Le Land Surve P.L.C. 560 NORTH LOODOON STREET - WINCHESTER, VIRGINIA 22501 DRAWN BY: PHONE (540) 667 -0468 � FAX (540) 667 -0469 EMAIL a18ce6marshandlegge.cam I DWG NAME: 5464- 8LA.dwg L L HFQFa y D z I lgCgT<� 53 - A - 94 MELCO, INC. $ to j OB 565 PG 783 ZONED: RA 0 III \ USE:RESIUENTIAL (\ 1 00' BRL� - �' -� GROVE L.C. I DENOTES EXISTING I PROPERTY LINE WILLOW 53 - - A o Y I HEREBY VACATED 08 871 PG 32 (TYPICAL) ZONED' RA USE: AGRI� 41,55' W I S 40'3116" I I tQ 0 I4. w I P$h I I 53 -A -92A 1.4441*CRES ORIG. AREA + 139.901I (EAST SIDE RTE. 621) 63 -A -1 + 4.4971 CRES (WEST SIDE RTE 621) JOVA PROPERTIES, LLC 145.842 WCR�S TOTAL ADJUSTED AREA INST # 040000377 ZONED: RA 1 USE: AGRICULTURAL i I I� I LEGEND: m CMF- CONCRETE MONUMENT FOUND 1 IRF -IRON ROD FOUND I — 1 _ - SEE SHEET 1 OF 8 FOR I LINE AND CURVE DATA I � 0 200' 400' GRAPHIC SCALEr 1 " =200' BOUNDARY LINE ADJUSTME, BETWEEN THE LANDS OF WILLOW GROVE L.0 TAX MAP 53 -A -92 AND MILLER AND SMITH AT WILLOW TAX MAP 53 -A-92A SHAWNEE DISTRICT 53-A-91 'YSTONE PROPERTIES, LLC INSTR. # 030024683 ZONED: RA USE: AGRICULTURAL RUN, L. L. C. 0011 1 DATE.- 04127104 1 SCALE.• 1 =200' I SHEET. 4 OF B 1 Marsh & Le Land Surve P.L.C. 560 NORTH LOODOON STREET - WINCHESTER, VIRGINIA 22501 DRAWN BY: PHONE (540) 667 -0468 � FAX (540) 667 -0469 EMAIL a18ce6marshandlegge.cam I DWG NAME: 5464- 8LA.dwg 05 -17 -2004 ' From-HARRISON S JOHNSTON 5406671312 T-632 P.014/016 F-337 r VA. SEC. ry ROUTE 627 c:) OJoF, M£RRIMANS LANE �G � Qty C3 30 P RESCRIPT /VE 0 C4 CB EASEMENT � G 6 750 LLC 482• JP 9 � � / I I 1 .. 53 -A -92B o OR 918 PG 1147 ZONED: RA USE: RESIDENTIAL Im COMM. OF v3 LA 0 : •! , :, I PG 20,E ? NI 5�PA 6 All- L 0 , /1 RF w I 416- 6 3 DRAINFIELD 4 JP� 4 4 W R EASEMENT , S 3 OJE I S g 3'(ilE 60' 53 -A -92A 1.444 ACRES ORIG. AREA �3 �/ . YEllS + 139.901 ACRES (EAST SIDE RTE. 621) t_ 4.497 ACRES WEST SIDE RTE. 621) 76 4q�� c 143.642 ACRES OT ADJUST D AREA LE—cENO: S CMF- CONCRETE MONUMENT FOUND IRF -IRON ROD FOUND 200' 400' SEE SHEET 7 OF 8 FOR LINE AND CURVE DATA GRAPHIC SCALE: Y• =200' M ATCHLI.ME: MA TCHLIN SEE S HEET 6 OF 8 A7A iCl'li 7P!E: SEF -IE T Sk r ;rc t i •1 OF 3 � -/: o BOUNDARY LINE ADJUSTMENT BETWEEN THE L1NDS OF WILLOW GROVE L.C. TAX MAP 53-A-192 AND MILLER AND SM /TH� 3 WILLOW RUN, L.L.C. SHAWNEE DISTRICT QATE. 04127104 1 SCALE: 1" -200' 1 SHEET.• 5 OF 8 1 Marsh & Le Land Surve P.L.C. 1 °►N1141 560 NORTH LOUDOUN STREET WINCHESTER, VIRGINIA 22601 DRAWN Fa D✓F PHONE (540) 667 -0466 - FAX (540) 667 -0469 - EMAIL offiaegnarshandlegge.aom I DWG NAME: 5464- 81A.dwq 05 -17 -2004 11:59am From- HARRISON d 5406671312 T -662 P.015 /016 F-337 Am IV S� JP lb 53 -A -92A 1.444 ACRES ORIG. AREA + 139.901 ACRES (EAST SIDE RTE. 621) + 4.497 ACRES (WEST SIDE RTE. 621) h;l 14 .842 ACRES TOTAL ADJUSTED AREA ..I CMF- CONCRETE MONUMENT FOUND IRF -IRON ROD FOUND SEE SHEET 1 OF 8 FOR LINE AND CURVE DATA 0' 200' 400' 100' BF?L I r GRAPHIC SCALE: 1" =200', . ZF p3.40'I _ 24 5 2p� GRE INSTR. 1 030024663 LLC ZONED: RA USE: AGRICULTURAL 8E7W£EN 7H£ LANDS OF WILLOW GROVE L.C. TAX AMP 5J-A-.92 AND MILLER AND SMITH AT WILLOW RUN, L.L.C. TAX MAP 5J -A-92A SHAWNEE DWR /CT DATE.- 04127104 I SCALE.• 1=200' I SHEET 6 OF 8 3UgvE .t,, w e Marsh & Le Land S urveyors , P.L.C. 560 NORTH LOUDOUN STREET - WINCHESTER, VIRGINIA 22601 DRAWN BY: DJF PHONE (540) 667 -0466 - FAX (540) 667 -0469 r EMAIL offica0morshcnoleggeoom DWG NAME: 5464— &A.dwg 05 -17 -2004 11:58am From-HARRISON 8 JOHNSTON 5406871312 T -682 P.016/018 F-337 • v IV VA. SEC. ROUTE 62 MMAN'S LANE 30' PZ=nC� ERR / E BASEMENT 750 LLC 53 -A -92B DB 918 PG 1141 ZONED: RA USE: RESIDENTIAL EXISTING WILLOW / GROVE LANE VC za� 50' R/W LEGEND: CMF- CONCRETE MONUMENT FOUND IRF -IRON ROD FOUND SEE SHEET 1 OF 8 FOR LINE AND CURVE DATA EXISTING WILLOW GROVE LANE Fq 50' RIW 5� " 740 LLC '\ 53 -A -90 V DB 918 PG 1139 ZONED: RA N USE: AGRICULTURAL v� \ 7� ro r o 07 � . ^ P P 0 ' 200' 400' A \ ^ A o a ° ' - GRAPHIC SCALE: I"= 200 x a' ?\ ,MATCHLINE: SEE stiff-r,,; JF 8 BOUNDARY LINE ADJUSTMENT BE71f'EEN 7HE LANDS OF WILLOW GROVE L.C. TAX MAP 53-A-.92 ANO MILLER AND SMITH AT WILLOW RUN, L.L.C. DATE.• 04127104 I SCALE. 1" =200' I SHEET T OF 8 Marsh & Le Land Surve P.L.C. 560 NORTH LOUDOUN STREET - WINCHESTER, VIRGINIA 22601 PHONE (540) 667 -0488 . FAX (540) 667 -0469 - EMAIL of8ce0mor3handlegge.com 3UR N_ DWG NAME: 5464- BLA.dw9 05 -17 -2004 11:58am From- HARRISON 8 JOHNSTON 6406671312 T-682 P.017/018 F-337 1 _ 1 1 0 1 w1 1 m U,N \ a \ m N cd to A �1 m V I rn � 1 A \ �1 1 1 1 1 1 'I I I ° I °.I 53 —A -92A ml li. 444 ACRES ORIG. AREA A + 139.901 ACRES (EAST SIDE RTE. 6 1) + t.497 ACRES WEST SIDE RTE. 621 4 .842 ACRES TOTAL DJ A llplk I c J v 53 —A -91 GREYSTONE PROPERTIES, LLC INSTR. # 030024683 ZONED: RA USE: AGRICULTURAL &7WEEN W' [ANDS OF WILLOW GROVE L. C. TAX AMP 53—A—.92 AND 0 5'� 740 LLC \ 53 —A -90 DB 918 PG 1139 ZONED: RA USE: AGRICULTURAL LEGEND: CMF— CONCRETE MONUMENT FOUND IRF —IRON ROD FOUND SEE SHEET 1 OF 8 FOR LINE AND CURVE DATA m m• mm I/ MILLER AND SMITH AT WILLOW RUN, L.L.C. TAX MAP 53 —A-92A 9 DATE• 04127104 1 SCALE.• 1" =200' I SHEET.- 8 OF 8 1 Marsh & Le Land Surve P.L.C. 560 NORTH LOUDOUN STREET , WINCHESTER, VIRGINIA 22601 PHONE (540) 667 -0468 , FAX (540) 667 -0469 - EMAIL aNlce6morahanalegge.com 04 Tu DWG NAME: 5464- 8L4.dwg BK 9 I B PG 1 141 11 THIS DOCUMENT PREPARED WITHOUT TITLE EXAMINATION- EXEMPT FROM RECORDATION TAXES UNDER THE PROVISIONS OF SECTION 58.1 -811 A(10) OF THE 1950 CODE OF VIRGINIA, AS AMENDED 0 [74 THIS DEED made and entered into this !L day of >f. oµ 192p„ by and between, C. Ridgely White and Eleanor S. White, his wife, both of Frederick County, Virginia, hereinafter referred to as Grantors, and 750, LLC, a Virginia limited liability company, hereinafter referred to as Grantee. WITNESSETH: 0 r3 � M" earoy R HoNey, PC THAT FOR good and valuable consideration, the receipt of which is hereby acknowledged, the Grantors do hereby grant and convey, with General Warranty of Title, unto the Grantee, all of their right, title, and interest in the following described property, with all improvements, privileges, and appurtenances therewith connected, to -wit: All that certain parcel of land containing 11.008 acres in Back Creek District, Frederick County, Virginia, as described by metes and bounds on plat of survey by L. Allen Ebert, L.S. dated July 5, 1995, of record in the Clerk's Office of the Circuit Court of Frederick County, Virginia in Deed Book 843-at page 1817. <<� AND all that certain parcel of land containing 0.867 acre in the City of Winchester, Virginia, as described by metes and bounds on plat of survey by L. Allen Ebert, L.S. dated July 5, 1995,. of record of the Clerk's Office of the Circuit Court of Frederick County, Virginia in Deed Book 843 at page 1816. These two parcels are portions of the same property conveyed to C. Ridgely White and Eleanor S. White by deed dated July 26, 1948 from William D. Taylor or us, of record in the Clerk's Office of the Circuit Court of Frederick County in Deed Book 206 at page 287. Reference is hereby made to the aforesaid deeds and to the references contained therein for a more complete and particular description of the tract or parcel of land conveyed by this Deed. P BK91 8PG 1 142 0 This deed is made subject to the conditions, restrictions and easements set forth in deeds of record conveying the land and constituting constructive notice, insofar as the same may now be in force and effect, but this deed shall not be construed as extending or reimposing setd restrictions. WITNESS the following signatures and seals: C. Ridgely White By: /s�l�/� (Seal) M. Willis White, as attorney-in-fact for C. Ridgely White Eleanor S. White By: (Seal) M. Willis White, as attomey -in -fact for Eleanor S. White COMMONWEALTH OF VIRGINIA CITY /COUNTY OF . to-wit: The foregoing instrument was acknowledged before me in the jurisdiction aforesaid thisday o� 19y(? by M. Willis White, attomey -in -fact for C. Ridgely White and Eleanor S. White, on their behalf. _ .... _ .._ Given under my hand this 11' day of �J t9�! r„ '• u ui 7: lour enter _ otary Public•�•;> Jem v R. thn16V. PC My Commission expires: � 2S o , t : •• Vw(taa4.t C Ktt� T aced f ine on th. hl @bU a et deY and with certiflceta Of acm0wledament Nerel0 na:ntl � 9 e � s o fia.t•aai have boon paid. be c U eea able ' a `K /• Clerk II- 14-2005 10:20 5 - A - 9+ 8 m rr N a 0 9� o� v S B From L BRYAN 5405454130 T -350 P.002 F -555 t� 040017302 O 0 d This DEED made and dated this a7 day of _ 2004, by and d� . between MELCO. INC a Virginia Corporation, hereinafter called the Grantor; and MILLER and SMITH at WILLOW RAN, LLC a Virginia Limited Liability Company, hereinafter called the Grantee. WITNESSETH: That for and in consideration of this sum of Ten Dollars ($10.00) in hand paid, and other good and valuable consideration, receipt whereof is hereby acknowledged. Grantor does hereby grant, bargain, sell and convey unto the Grantee, with SPECIAL WARRANTY. all that certain land being situate in Frederick County, Virginia, and being more particularly described as follows: See attached Exhibit A This conveyance is made subject to the restrictions and conditions contained in the deeds forming the chain of title to the above - described property. Grantor, hereby covenants with Grantee, its successors and assigns, that Grantor is lawfully scised in fee simple of the above - described premises; that it has a good right to convey; that the premises are free from all encumbrances; that the Grantor will forever warrant and defend all of the above- described property to Grantee, its successors and assigns, against every person lawfully claiming the same or any parr thereof through the Grantor; that the Grantor will guarantee the quiet enjoyment of the above - described property to the Grantee, is successors and assigns, against every person lawfully claiming the same or any part thereof through the Grantor; and that the Grantor will, on demand of Grantee or its successors or assigns . execute any instrument necessary for the further assurance of the title to the premises that may be reasonably required. The following action is by corporate resolution and the undersigned has full authority to ur Qr a.. , rMMM J. cHASM mrwreornvarmrsr iwnra: -i>o� act on behalf of the corporation and this transfer does not constitute a transfer of substantially all the assets of the corporation. 11 -14 -2005 10:20 From - MICHAEL L BRYAN 5405454130 II • T -350 P, 003 F -555 • O tT J WITNESS the following signatures and seal: MELC , INC. S CHRS*STUElt . O DEN,Presi t STATE OF CITY /off yof A Lk__ , to - wit I /,tr rya I • /+ , jurisdiction a Notary Public in and for the Stare of and jd �n do hereby certify that MELCO, INC, a Virginia Corporation by CHRISTPHER A. MOLDFN, President, whose name is signed the foregoing Deed, bearing date of the 2 day of _. 2004, have personally appeared before me and acknowledged the same. �'" Given under my hand this day ofZL 2004. ` J My Commission Expires: 16-3j-n( dam/ of 6ic �: �tiits'�yt -•• 3 ;'x 0 W • � �n sue'• ! •�"F yr��r• "J 11-14 -200fi 10:20 From - MICHAEL L BRYAN 5405454130 T -350 P.004 F-555 Ch v EXHIBIT A ~ All that certain tract of land, including the twenty foot easement of ingress and egress, lying and being situate in Back Creek Magisterial District (formerly Shawnee Magisterial District). Frederick County. Virginia. southeast of Merriman Lane, containing 7.15 acres, more particularly described by that certain plat and survey of Lee A. Ebert, C.L.S., dated June 12, 1956 attached to that certain Deed of Conveyance by which Boyd J. Harriman acquired Raid property from J. Kenneth Robinson, et ux, dated June 25, 1956 of record in the Office of the Clerk of the Circuit Court of Frederick County. Virginia, in Deed Book 243, at Page 341 to which deed and plat reference is hereto made for a more particular description of the property easement refereed to. This is also the same property referred to in a quitclaim deed of Winifred S. Brown dated January 23, 1963 of record in the aforesaid Clerk's Office in Deed Book 285, at Page 326 and I-lorace C. Brown by Deed dated May 21. 1963 of recorded ir the aforesaid Clerk's Office in Deed Book 288. at Page 515. Less and except 1.40 acres, more or less conveyed out in Deed Book 329, at Page 38. Southeast of Merriman's Lane, including a 20' easement for ingressregress to be used in common with other and more particularly described in the Metes and & Bounds description attached hereto. AND BEING the same property acquired by virtue of instrument recorded in Deed Book 565, at Page 783. 11-14 -2D05 10:20 From - MICHAEL L BRYAN 5405454130 T -350 P 005 F -555 0 • O c. METES a BOUNDS DESCRIPTION B =WUCK COUNTY TAX PARCEL 53A -94 The accompanying plat entitled "Bouttdmy and Howse Location Survey of the land of Melon, Inc." dated Augost 25, 2004 repraeam a boundary survey of all of the laird conveyed to Meloo, Inc, by deed dated September 15, 1980 of record in the office of the Clerk of the Circuit Court of Frederick County, Vbginia in Deed Hook 565 at Page 793. The said land fronts the wmheastem z=mh us of a 20' private tight -of -way now known as Orchard Lave about 1400 feet southeast of its ianetsection with Meaimans Lawn (Va. Pure 621) in Shawnee Ma&crial District, Frederick County, Virginia end is more particularly bounded as follows: Heenning at a W' iron rebsr &cap $et at the sotuheastem tetmiaav of a 20' Pdvata righr- of way now known as tarchard Lax (see Deed Book 243 at Page 344), comer to Willow Grove L.C. and in a line of Miller and Smith at willow Run, L.L.C.; thence with IAMar and Smith at Willow Rum, I—L.C. S 40 E — 365.07' to a'e ima tabor & cap sob wroe to Willow Gmvc L.C.; thence with willow Grove LC. S 30o08'37m W — 68181r to a fi bon rebar found, cornet to James C. Gordon, Jr., at tix thence with Gordon N 53 W — 350.75' to a nail set in a comer fmce post, in a live of Willow Grove L.C.; theore with Willow Grove L C. N 30°25'08" E — 763.49' to the beginnin8. Combdng........ :---- .................................................... S758SAcres, Surveyed.............. .......................................... ... Augnst 25 VIR(JINTA: FREDERICK COUNTY, SCI: This instrument ofnriting Was produced to roe on — — O a1 - 3 r•. and wilb ceuiii.:�;r of a owleAgemem thereto anncacU Was admitted to record. T imposed by Sec Sa.1.802 of ti J V and 58.1 -Sol haw been paid, if auessabte 4 W.W4 444z - , perk 9 PJCWD A. EDENS No.002WO 0 Jpsn 09871 PGO032 Ural* u.l -tl ll I 611 S. */r fillkllUr. LA 11611 0 THIS DEED, made and dated this �eJ _z day of December, 1996, by and between C. RIDGELY j1HI and ELEANOR S. Y,7=, husband and wife, by M. WILLIS WHI , their Attorney -in -Fact, hereinafter called the Grantors, and WILLOW GROVE L.C. a Virginia limited liability company, hereinafter called the Grantee. WITNESSETH: That for and in consideration of the sum of Ten Dollars and other good and valuable consideration, the receipt of which is hereby acknowledged, the Grantors grant and convey, with General Warranty and English covenants of title unto the Grantee, in fee simple, all the following described real estate, together with all rights of ways thereunto belonging: All that certain tract of land on Merriman's Lane, originally containing 88.4 acres, in Back Creek District, dacjck County, Virginia, bearing tax map number 93--I-A.—'and being the remaining portion of a parcel of land devised to C. Ridgely White (being the same as Charles Ridgely White) by will of Lucy M. Hack, which is of record in the Clerk's Office of the Circuit Court of Frederick County in Will Book 73 at page 23, an interest in which was conveyed by deed dated July 31, 1973 to Eleanor S. White, of record in said clerk's office in Deed Book 415 at page 220. Reference is hereby made to the aforesaid instruments and the references therein contained for a more Particular description of the property hereby conveyed. This conveyance is made subject to all easements, rights of way and restrictions of record affecting the subject property. WITNESS the following signatures and seals: gbov /o5 9 BK87 I PGO033 0 j�f��J�l /�,tr Nr) fliioR G� ri, %Ac [ SEAL J C. RIDGELY WHITE by M. Willis White, his Attorney -in -Fact �f= slll�ir / / ISEALI ELEANOR S, WHITE by M. Willis white, her Attorney -in -Fact Ielile.IR STATE OF VIRGINIA CITY OF WINCHESTER, to -wit: Acknowledged before me this / Q )V— day of December, 1996 by M. WILLIS WHITE, Attorney -in -Fact for C. RIDGELY WHITE and ELEANOR S. WHITE, on their behalf. My commission expires: n NOTA�Y p IC VIRGINIA; FREDERICK COUNTY. SCT. This 0101MMeM of writing Wee Produced to me on the - ay of �/G .10tf.bt 10'11�� end with cenlfleete of acknowledgment therotn enneaed eu admitted W record. Tea Imgwed by Sec. 55.1 -002 0l SO 1 end 56.1.601 hove been paid, a eleeeubie � K Ckwk 'J601;) R?S /i • • o N CD 030024683 THIS DEED is made this 17th day of October 2003, by and between PEMBROKE COVE PROPERTIES. L.L.C. a Virginia limited liability company, and Kenneth F. MARSHALL Grantors, and GREYSTONE PROPERTIES, LLC, a Virginia limited liability company, Grantee. WITNESSETH: That for and in consideration of the sum of Ten Dollars ($10.00) cash in hand paid by the o Grantee to the Grantors, and other good and valuable consideration, the receipt whereof is hereby N acknowledged at and before the sealing and delivery of this deed, Grantors do hereby grant and a convey with Special Warranty, subject to easements, restrictions and reservations of record, unto Greystone Properties, LLC, a Virginia limited liability company, all that certain parcel of land containing 112.1850 acres, more or less, and that certain parcel of land containing 7.082 acres, 3 more or less, both situate in Frederick County, Virginia, together with the improvements thereon, f 1 1 and all rights, privileges, appurtenances, easements and rights of way thereunto belonging or in anywise appertaining, more particularly described as follows: Tract One: 112.185 Acre Parcel 3 3 i e i All that certain lot, piece or parcel of land, with all improvements thereon, lying and situated in Frederick County, Virginia, consisting of approximately 112.185 acres (more or less) and is more particularly described in that survey prepared by Marsh & Legge Land Surveyors, P.L.C. dated August 10, 1995, with such survey being attached to the Deed of Confirmation/Correction dated August 26, 1997, recorded in the Clerk's Office of the Circuit Court of Frederick County in Deed Book 886, page 445. Being the same property acquired by Pembroke Cove Properties, L.L.C., a one -half interest, by Deed dated February 17, 1995, of record in the aforesaid Clerk's Office in Deed Book 834, page 1 176, and by Deed of Confirmation/Correction from Clyde Lee Marshall, which deed is dated August 26, 1997 and recorded in the aforesaid Clerk's Office in Deed Book 886, page 445; and the remaining one -half interest, by Deed from Kenneth F. Marshall, as Trustee under the Francis J. Marshall, Jr. Residual Trust UAW, dated February 17, 1995, and recorded in the aforesaid Clerk's Office in Deed Book 934, page 1178, and by Deed of Confirmation/Correction from Kenneth F. Marshall, As Trustee Under the Francis J. Marshall, Jr. Residual Thu d..m w p,r ,dbyK k, Oharbain PC P.O. Ror 1281, Harruanbu . VLglnla 21803 J 9 0 0 N b N Trust U /W, dated August 26, 1997, recorded in the aforesaid Clerk's Office in Deed B ook 886, page 449. Tract Two: 7.082 Ac Parcel All of that certain lot or parcel of land, containing 7.082 acres, more or less, lying and being situate in Back Creek Magisterial District, Frederick County, Virginia, located on the North side of Route 622 also known as Cedar Creek Grade for a length of approximately 402', having approximately 724' on its Eastern boundary, having approximately 295' on its Northern boundary and having approximately 1005' on its Western boundary and containing 7.082 acres, as per plat and survey of 'Lee A. Ebert, C.L.S., dated November 2, 1981, recorded in the aforesaid Clerk's Office at Deed Book 543, page 247. Being the same property acquired by Kenneth F. Marshall by Deed from Kenneth F. Marshall and Mary L. Marshall, his wife, which deed is dated September 11, 1997 and recorded in the Clerk's Office of the Circuit Court of Frederick County, Virginia, in Deed Book 887, page 893. This conveyance is expressly subject to easements, conditions, restrictions and reservations contained in duly recorded deeds, plats and other instruments constituting constructive notice in the chain of title to the property hereby conveyed, which have not expired by limitation of time contained therein or otherwise become ineffective. WITNESS the following signature and seal. and F. Marshall IN WITNESS WHEREOF, PEMBROKE COVE PROPERTIES, L.L.C. has caused this deed to be executed in its name and on its behalf by the undersigned on due authority. PEMBRO CE COVE PROP S, L.L.C. By: (SEAL) Name: , y ,W Title: M,�s =fit 0 0 0 iv STATE OF VIRGIIZA l' i c The flo 'n in trument was acknowledged before me in the jurisdiction aforesaid this „?day of (l - ,/ 2003, by Kenneth F. Marshall as a member /manager of Pembroke Cove Properties, L.L.C., on its behalf. n My commission expires: 30 OD w � t H (SEAL) � A , ` , Noliiry Public STATE OF VIRGINIA CITY /GO>NTY-O a J . to -wit: The fo go n instrument was acknowledged before me in the jurisdiction aforesaid this ,? ay of ,yeti , 2003, by Kenneth F. Marshall. My commission expires: (SEAL) Grantee's Address: 13 South Loudoun Street Winchester, Virginia 22601 .sj22919 (/ Nota�Public v vv VIRGINIA: FREIDF.RIC° COUNTY. SCT• This instrument of writing was produced to me on I o �7 3. at 1 Lb .tn. wu drt�u dfia eee d,rTla2o Posed by t heretO x ec. 58.1- 502of $ 3, 100-00 , a ad 56.1.301 have been paid, if aa1e11abW ' X v., A�0 , Clerk