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HomeMy WebLinkAbout06-06 DeedIZ -21 -2005 07:56 From MICHAEL l BRYAN 5405454130 I c rn 1 8 o 'o 0 0 0 0 c rn I rn en r. ffl O F Michael L Bryan 9 Court Square 2^' Floor Winchester, VA 050029421. TAX MAP NO. 75 -A -106 T -643 P.007./053 F -024 0 cn (II 0 THIS DEED, made and dated this ea'b of December!, 2005, by and between DEREK BROCK KERNS, hereinafter called the Grantor; and SPARKS PROPERTY, L.L.C., a Virginia Limited Liability Company, hereinafter called the Grantee. WITNESSETH: That for and in consideration of the sum of Ten Dollars ($10.00), cash in hand paid, and other good and valuable consideration, the receipt of which is hereby acknowledged, the Grantor does hereby grant and convey, with general warranty of title, unto the Grantee, in fee simple, all of that certain lot or parcel of land, together with the improvements thereon and all rights, rights of way and appurtenances thereto belonging, lying and being Situate in Opequon Magisterial District, Frederick County, Virginia, situate West of White Oak Road (Virginia Route 636), about one mile North of the intersection of White Oak Road (Virginia Route 636) and Fairfax Pike (Virginia Route 277), containing 2.26 acres, more or less, and being more particularly described by that certain plat and survey drawn by Richard U. Goode, C.S., dated June 26, 1956, attached to and made a part of that certain Deed dated September 17, 1957, from T, S. Sparks, et ux to Clinton L. Ritter, which Deed is of record in the Clerk's Office of the Circuit Court of Frederick County, Virginia in Deed Book 248, at Page 585; and being the same lands acquired by Derek Brock Kerns by that certain Deed of Gift dated March 23, 2005, which Deed is of record in :the aforesaid Clerk's Office as Instrument No. 050005891., Reference is made to the aforesaid instruments for a more particular description of the property herein conveyed. This conveyance is made subject to all easements,, rights 12.212005 Michael L. Bryan 9 Court Square r"' Floor Winrhnler, VA 07:56 the From MICHAEL L BRYAN THIS INSTRUMENT PREPARED BY: Michael L. Bryan 9 Court Square Winchester, VA 22601 540 -545 -4130 Deeds \Kerns to sparks Property 5405454130 of way and restrictions of record affecting the STATE OF /i VIRGINIA AT LARGE, CITY /E rdifiY OF L(nU4ptc.f to -wit: NOTARY UBLIC 1 -643 003 subject Derk F -024 property; provided, however, that the foregoing shall not be deemed in any way to reinstitute or republish any restrictions of record that may have expired or lapsed. The Grantor does hereby covenant that he has the right to convey to the Grantee; that the Grantee shall have quiet and peaceable possession of the said property, free from all liens and encumbrances; and he will grant such further assurances of title as may be requisite. WITNESS the following signature and seal: DEREK BROCK KERNS J: J.7 The foregoing instrument was acknowledged before and trn. oil:th day of December, 2005, by Derek Brock Kerns, whose name is signed to the foregoing Deed dated the day of December, 2005. My commission expires VIRGINIA: FRBDT3RICK COUNTY. SCT. This instrument of xriting was produced to me on /2 20 2.00.5" at "a3 7 and with certi&ttc of aclmowfedgemeni thereto annt ed 2 was adrnittcd to recerd. 1' imposed by Sec. S8.1 -802 of 30O OD ann 36,1-501. have been paid, if assess. •lc before me on the 16th day of September, 1957, and executed the said power of attorney and then and there acknowledged the same to be his act and deed. j VIRGINIA FREDERICK COUNTY, (SOT. This instrument of writing was produced to me on the 17th day of September 1957 at 3:40 P. M. and with certificate of acknowledgment thereto 4 annexed was admitted to record. ..G.3/ Y: #1485 T. S. SPARKS, ET UX 4 TO DEED CLINTON L. RITTER "I This DEED made and dated this 17th., day of September, 1957, by and between T. S. Sparks anc Nannie E. Sparks, his wife, Grantors, parties of the first part, and Clinton L. Ritter, Grantee, party of the second part, W I T N E S S E T H That the said parties of the first part, for and in consideration of the cash sum of Ten Dollars, and other adequate considerations deemed valuable in lax, the receipt of all of which is hereby acknow- ledged, do hereby grant, sell and convey,. with General Warranty of Title, unto the said party of the second part, his heirs and assigns forever, all of the following described tract or parcel of land, lying and being situate in Opequon Magisterial District, Frederick County, Virginia, about two and one -half miles East of Stephens City, located just West of Road No. 636 about one mile North of the intersection of Road No. 636, with State Highway No. 277, and more particularly described as follows: "Beginning at (1) an iron peg on the North side of a 50 ft. right -of -way leading to Road No. 636 and at the Southwest corner of a tract of land 4 recently conveyed by T. S. Sparks to T. S. Sparks Jr., thence with the North line of said right -of -way N 49 deg. 57 min. W 100.0 feet to (2) an iron peg; thence with a new division line through the land of T. S. Sparks N 38 deg. 15 min. E 974.0 feet to (3) an iron peg in the South fence line of the Block farm; thence with said farm I S 61 deg. 52 min. E 101.5 feet to (4) a fence corner, a corner to Elmer Strosnider; B thence with Elmer Strosnider and then with T. S. Sparks Jr., S 38 deg. 15 min. W 995.0 feet to the point of beginning, containing 2.26 Acres, more or less. This is a portion of the land conveyed to the parties of the first part by Vive Shaw Kennedy i by deed bearing date the 5th., day of February, 1945, of record in the Office of the Clerk of the Circuit Court of Frederick County, Virgicla, in Deed Book No. 191, 4 page 313. Reference may be made to said deed and to the Plat recorded herewith for a further and more particular description of said real estate, said plat having V been made by Richard U. Goode, Certified Surveyor, June 26, 1956. It is also expressly understood that the parties of the second, their heirs and assigns are to have the right of Joint use of the 50 foot right-of- way leading to Roadway No. 636; and that the said party of the second part are to ';build a lawful fence between the land hereby conveyed and the other land of the My commission expires Dec. 29, 1959. Given under my hand this 16th day of September, 1957. EVELYN L. BALLARD Notary Public f good right to convey said real estate to the Grantee; that the same is free from r. all liens and encumbrances; and that they will grant such further assurances of title as may be requisite. Witness the following signatures and seals: B REVENUE STAMPS T. S. SPARKS (SEAL) $0.55 4, CANCELLED State of Virginia, i, County of Frederick, To -Wit: I ,I Frederick, in the State of Virginia, do hereby certify that T. S. Sparks and Nannie E. Sparks, his wife, whose names are signed to the foregoing and annexed writing, bearing date the 17th., day of Sept., 1957, have each personally appeared before I me in my County aforesaid and acknowledged the same. 1 parties of the first part. The said parties of the first part covenant that they have a I, Nancy W. Glover, a notary public in and for the County of My commission expires April 1, 1961. Given under my hand this 17th day of September, 19.7. NANCY W. GLOVER T. S. SPARKS OTHER LANO 2 N 38 15' E 3 3q ..1 SPARKS TO NEWLIN 2.26 AC. q 6 1 S 3B' 15 W 995.0 N T. 5. SPARKS JR. m m Notary Public 4 ELMER1 6T RO$Nf1 ER MAGNETICS 1958 SCALE 1" c 200' NANNIE E. SPARKS (SEAL) 3 S 61 52'E 101.5' The above tract of land, located just 'West of Road No, 636 8 L0CK FARM about 1 mile North of the intersection of Road No. 636 with State Highway No. 277 and situate In Opequon Magisterial District, Frederick County, Virginia, is bounded 1 as follows: Beginning at (1) an iron peg on the North side of a 50 ft. ight -of -way leading to Road No. 636 and at the Southwest corner of a tract of land recently conveyed by T. S. Sparks to T. S. Sparks Jr., thence with the North line of said right -of -way N 49 deg. 57 min. W 100.0 feet to (2) an iron peg; thence with a new division line through the land of T. S. Sparks N 38 deg. 15 min. E 974.0 feet to (3) an iron peg in the South fence line of the Block farm; thence with said farm S 61 deg. 52 min. 6 101.5 feet to (4) a fence corner, a corner to Elmer Strosnider; thence with Elmer Strosnider and then with T. S. Sparks Jr., S 38 deg. 15 min. W 995.0 feet to the point of beginning, containing 2.26 Acres more or less. RICHARD U. GOODE Certified Surveyor, 04 -15 -2005 07:18 Michael L. Bryan 9 Court Square 2'a Floor Winchester, VA From-MICHAEL L BRYAN 050007167 5405454130 T -538 P. 002/003 *j 2005, by and between THIS DEED, made and dated this 5 day of TASBO INC., a Virginia corporation, hereinafter called the Grantor; and SPA c _PROPERTY L.L.C.. a Virginia limited liability company, hereinafter called the Grantee. NOW, THEREFORE WITNESSETH: That for and in consideration of the premises and the sum of Ten Dollars ($10.00), cash in hand paid, receipt of which is hereby acknowledged, the Grantor does hereby grant, bargain, sell and convey, with general warranty of title, unto the Grantee, in fee simple, the following described property, to -wit: All of that certain lot or parcel of land, together with the improvements thereon and all rights, rights of way and appurtenances thereto belonging, lying and being situate on the Western side of White Oak Road (RL 636), in Opequon Magisterial District, Frederick County, Virginia, containing 4.931.1 acres, more or less, and being more particularly described by that certain "Boundary Survey of the Land of Chloe Juanita Sparks" dated June 7, 2001, ma material part of that Smith, eertain Deed dated o 1 June 21,2004, a w hich Deed is of record in the aforesaid Clerk's Office as Insmunent #040011523; and being the same property conveyed to Jasbo, Inc. a Virginia Corporation by Deed dated November 1, 2004 of record in the aforesaid Clerk's Office as Instrument No. 040022470. Reference is hereby made to the aforesaid instruments and the references therein contained for a more particular description of the property conveyed hereby. TAX MAP NO. 86 -A -153 This conveyance is made subject to all easements, rights of way and restrictions of record affecting the subject property; provided, however, that the foregoing shall not be deemed in any way to reinstitute or republish any restrictions of record that may have expired or lapsed. The Grantor does hereby covenant that it has the right to convey to the Grantee; that the Grantee shall have quiet and peaceable possession of the said property, free from all liens and encumbrances; and it will grant such further assurances of title as may be requisite. WITNESS the following signature and seal: JASBO, INC. BY: Lthgli4 4m 3i`L2 /�en. (SEAL) Beverley Shoemaker, President STATE OF VIRGINIA, AT LARGE, City of Winchester, to -wit: The foregoing instrument was acknowledged before me, a Notary Public in and for 04-151005 01:15 Michael L. Bryan 9 Court Squire I Floor Winchester, VA From-MICHAEL L BRYAN t 2005 by Beverley the Slate and Jurisdiction aforesaid, this .5 day of Yr B. Shoemaker, as President of lasbo, Inc. My Commission expires: 1 /31 /OC THIS INSTRUMENT PREPARED BY: Michael L. Bryan, Esquire Bryan Coleman, P.L.C. 9 Court Square, 2" Floor Winchester, Virginia 22601 MLEVpmn a ..UASho to SpWS P.opaq' VIRGINIA: FREDERICK r S towe on This Instrument of writing a d �I It n w f a �o jedg m n Sec 58.1-802 annexed of was "I and 58.1.80 have been paid, it assessable 5405454130 T-538 P.003/003 F -564 N Michael L. Bryan 9 Court Square 2n Floor Winchester, VA 04002247 THIS DEED IN DISTRIBUTION, made and dated this 1st of November, 2004, by and between BOWMAN AND GLAIZE, L.C., a Virginia Limited Liability Company, hereinafter called the Grantor; and JASBO, INC., a Virginia Corporation, hereinafter called the Grantee. RECITAL The Grantor desires to convey the described property to Grantee, in distribution of its membership in Grantor. There is no consideration for this conveyance and this conveyance is exempt from recording tax in accordance with Virginia Code Section 58.1- 811(11). NOW THEREFORE, WITNESSETH: In consideration of the foregoing, the Grantor hereby grants and conveys unto the Grantee, in fee simple, all of those certain five lots or parcels of land, together with the improvements thereon and all rights, rights of way and appurtenances thereto belonging, lying and being situate on the Western side of White Oak Road (Rt. 636), in Opequon Magisterial District, Frederick County, Virginia, and being more particularly described as follows: PARCEL NO. ONE: All of that certain lot or parcel of land, containing 0.9768 acres, more or less, and being more particularly described by that certain "Boundary Survey of the Land of Chloe Juanita Sparks" dated June 7, 2004, drawn by Mark D. Smith, L.S., a copy of which is attached to and made a material part of that certain Deed June 21, 2004, which Deed is of record in the Clerk's Office of the Circuit Court of Frederick County, Va. as Instrument #040011523 and incorporated herein by reference as if set out in full. TAX MAP NO. 75-A-114 PARCEL NO. TWO: All of that certain lot or parcel of land, containing 1.5297 acres, more or less, and being more particularly described by that certain "Boundary Survey of the Michael L. Bryan 9 Court Square 2n Floor Winchester, VA C7 PC: Land of Chloe Juanita Sparks" dated June 7, 2004, drawn by Mark D. Smith, L.S., a copy of which is attached to and made a material part of that certain Deed dated June 21, 2004, which Deed is of record in the aforesaid Clerk's Office as Instrument #040011523 and incorporated herein by reference as if set out in full. TAX MAP NO. 75 -A -115 PARCEL NO. THREE: All of that certain lot or parcel of land, containing 4.9311 acres, more or less, and being more particularly described by that certain "Boundary Survey of the Land of Chloe Juanita Sparks" dated June 7, 2004, drawn by Mark D. Smith, L.S., a copy of which is attached to and made a material part of that certain Deed dated June 21, 2004, which Deed is of record in the aforesaid Clerk's Office as Instrument #040011523 and incorporated herein by reference as if set out in full. TAX MAP NO. 86 -A -153 PARCEL NO. FOUR: All of that certain lot or parcel of land, containing 9.6338 acres, more or less, and more particularly described by that certain `Boundary Survey of the Land of Chloe Juanita Sparks" dated June 7, 2004, drawn by Mark D. Smith, L.S., a copy of which is attached to and made a material part of that certain Deed dated June 21, 2004, which Deed is of record in the aforesaid Clerk's Office as Instrument #040011523 and incorporated herein by reference as if set out in full. TAX MAP NO. 75 -A -107 PARCEL NO. FIVE: All of that certain lot or parcel of land, containing 10.3729 acres, more or less, as more particularly described particularly described by that certain "Boundary Survey of the Land of Chloe Juanita Sparks" dated June 7, 2004, drawn by Mark D. Smith, L.S., a copy of which is Michael L. Bryan 9 Court Square 2n Floor Winchester, VA cia attached to and made a material part of that certain Deed dated June 21, 2004, which Deed is of record in the aforesaid Clerk's Office as Instrument #040011523 and incorporated herein by reference as if set out in full TAX MAP NO. 75 -A -116 And being the same lots or parcels of land conveyed to Bowman and Glaize, L.C., a Virginia Limited Liability Company, by the hereinabove described Deed dates June 21, 2004, of record in the aforesaic Clerk's Office as Instrument No. 040011523. Reference is hereby made to the aforesaid instruments for a more particular description of the property herein conveyed. This conveyance is made subject to all easements, rights of way and restrictions of record affecting the subject property; provided, however, that the foregoing shall not be deemed in any way to reinstitute or republish any restrictions of record that may have expired or lapsed. The Grantor does hereby covenant that it has the right to convey to the Grantee; that the Grantee shall have quiet and peaceable possession of the said property, free from all liens and encumbrances; and it will grant such further assurances of title as may be requisite. WITNESS the following signature and seal: BOWMAN AND GLAIZE, L.C. By: C C `(SEAL) Fred L. Glaize, III, Manager /Member By: _l f1�;a1WIL' Il��.$P a Beverle B. Shoemaker, Member COMMONWEALTH OF VIRGINIA, AT LARGE, CITY OF WINCHESTER, to -wit: The foregoing instrument was acknowledged before me on the 1' day of November, 2004, by Fred L. Glaize, III as Michael L. Bryan 9 Court Square 2 Floor Winchester, VA D Manager /Member of Bowman and Glaize, L.C., whose name is signed to the foregoing Deed dated the 1" day of November, 2009. My commission expires COMMONWEALTH OF VIRGINIA, AT LARGE, CITY OF WINCHESTER, to -wit: The foregoing instrument was acknowledged before me on the 1 day of November, 2004, by Beverley B. Shoemaker as Member of Bowman and Glaize, L.C., whose name is signed to the foregoing Deed dated the 1 day of November, 2004. My commission expires x/ 31)06 THIS INSTRUMENT PREPARED BY: Michael L. Bryan 9 Court Square Winchester, VA 22601 540/545-4130 MLB /pmn c: \Deeds \Bownan and Glaize to 2asbo mrzaw VIRGINIA: FREDERICK COUNTY, SCr. This instrument of writing was produced to me on /14/ z, 0299 rh ai a _1i. -i uw w_ i 1. alrio d 'n t wm i u p i- p l f,. Sec Sd. t -30? of g Et2M f a: d Ste 1301 have been paid, if assessable :k heea b/y:p2-v Clerk '\\3v \o' NOTARY PUBLIC 2 1 NOTARY PUBLIC 1 DC-1611/901 COMMONWEALTH OF VIRGINIA EED ii•D'ELLFC'22470 C.411CtOKLar pAH E r zT ;•:7_ FIN: :C•CIER=•:C;N: I;! VEL' .1 1J• 7 r-ER:' :2:• REBELIn r22.41‘ MOE at N 0 a Michael L. Bryan 9 Court Square 2n' Floor Winchester, VA 04001152 TAX MAP NO. 75 -A -114 THIS DEED, made and dated this 871 of June, 2004, by and between CHLOE JUANITA SPARKS, widow, hereinafter called the Grantor; and BOWMAN AND GLAIZ$. L.C. a Virginia Limited Liability Company, hereinafter called the Grantee. WITNESSETH: That for and in consideration of the sum of Ten Dollars ($10.00), cash in hand paid, and other good and valuable consideration, the receipt of which is hereby acknowledged, the Grantor does hereby grant and convey, with general warranty of title, unto the Grantee, in fee simple, all of those certain five lots or parcels of land, together with the improvements thereon and all rights, rights of way and appurtenances thereto belonging, lying and being situate on the Western side of White Oak Road (Rt. 636), in Opequon Magisterial District, Frederick County, Virginia, and being more particularly described as follows: PARCEL NO. ONE: All of that certain lot or parcel of land, containing 0.9768 acres, more or less, and being more particularly described by that certain "Boundary Survey of the Land of chloe Juanita Sparks" dated June 7, 2004, drawn by Mark D. Smith, L.S., a copy of which is attached hereto and incorporated herein by reference as if set out in full; and being the same lands conveyed to T. S. Sparks, Jr. and Chloe Juanita Sparks, his wife, jointly for life, with remainder to the survivor in fee simple, by that certain Deed dated May 27, 1947, which Deed is of record in the Clerk's Office of the Circuit Court of Frederick County, Virginia in Deed Book 204, at Page 235. Reference is hereby made to the aforesaid instruments for a more particular description of the property herein conveyed. Michael L. Bryan 9 Court Square 2i Floor Winchester, VA PARCEL NO. TWO: All of that certain lot or parcel of land, containing 1.5297 acres, more or less, and being more particularly described by that certain "Boundary Survey of the Land of Chloe Juanita Sparks" dated June 7, 2004, drawn by Mark D. Smith, L.S., a copy of which is attached hereto and incorporated herein by reference as if set out in full; and being the same lands conveyed to T. S. Sparks, Jr. and Chloe Juanita Sparks, his wife, for their joint lives upon the death of either to the survivor in fee simple, absolute, by that certain Deed dated August 26, 1955, which Deed is of record in the aforesaid Clerk's Office in Deed Book 238, at Page 55. Reference is hereby made to the aforesaid instruments for a more particular description of the property herein conveyed. TAX MAP NO. 75 -A -115 PARCEL NO. TERRE: All of that certain lot or parcel of land, containing 4.9311 acres, more or less, and being more particularly described by that certain "Boundary Survey of the Land of Chloe Juanita Sparks" dated June 7, 2004, drawn by Mark D. Smith, L.S., a copy of which is attached hereto and incorporated herein by reference as if set out in full; and being the same lands conveyed to George H. Sparks by that certain Deed dated May 27, 1947, of record in the aforesaid Clerk's Office in Deed Book 200, at Page 409. George H. Sparks died intestate on January 3, 1997, survived by his wife, Chloe J. Sparks, to whom title to the hereinabove described tract or parcel of land passed under the laws of intestate succession, as more fully set forth in that certain Affidavit dated January 17, 1997, of record in the aforesaid Clerk's Office in Deed Book 873, at Page 128. Reference is Michael L. Bryan 9 Court Square T' Floor Winchester, VA hereby made to the aforesaid instruments for a more particular description of the property herein conveyed. TAX MAP NO. 86 -A -153 PARCEL NO. FOUR: All of that certain lot or parcel of land, containing 9.6338 acres, more or leas, and more particularly described by that certain "Boundary Survey of the Land of Chloe Juanita Sparks" dated June 7, 2004, drawn by Mark D. Smith, L.S., a copy of which is attached hereto and incorporated herein by reference as if set out in full; and being the same lands conveyed to T. S. Sparks, Jr and Chloe Juanita Sparks, his wife, for their joint lives and upon the death of either to the survivor in fee simple absolute, by that certain Deed dated July 6, 1956, of record in the aforesaid Clerk's Office in Deed Book 246, at Page 525. Reference is hereby made to the aforesaid instruments for a more particular description of the property herein conveyed. TAX MAP NO. 75 -A -107 PARCEL NO. FIVE: All of that certain lot or parcel of land, containing 10.3729 acres, more or less, as more particularly described particularly described by that certain "Boundary Survey of the Land of Chloe Juanita Sparks" dated June 7, 2004, drawn by Mark D. Smith, L.S., a copy of which is attached hereto and incorporated herein by reference as if set out in full; and being the same lands conveyed to George H. Sparks by that certain Deed dated September 21, 1960, of record in the aforesaid Clerk's Office in Deed Book 266, at Page 119. George H. Sparks died intestate on January 3, 1997, survived by his wife, Chloe J. Sparks, to whom title to the hereinabove described tract or parcel of land passed under the Mitbeet L. Bryan 9 Court Square 2° Floor Winchester, VA laws of intestate succession, as more fully set forth in that certain Affidavit dated January 17, 1997, of record in the aforesaid Clerk's Office in Deed Book 873, at Page 128. Reference is hereby made to the aforesaid instruments for a more particular description of the property herein conveyed. TAX MAP NO. 75 -A -116 The Grantor hereby covenants and warrants that T. S. Sparks, Jr. died on January 18, 1960, and that subsequent to the death of T. S. Sparks, Jr., on June 8, 1962, the Grantor married George H. Sparks, who died intestate on January 3, 1997, as referenced hereinabove. This conveyance is made subject to all easements, rights of way and restrictions of record affecting the subject property; provided, however, that the foregoing shall not be deemed in any way to reinstitute or republish any restrictions of record that may have expired or lapsed. The Grantor does hereby covenant that she has the right to convey to the Grantee; that the Grantee shall have quiet and peaceable possession of the said property, free from all liens and encumbrances; and she will grant such further assurances of title as may be requisite. WITNESS the following signature and seal: CHLOE JD' ^ITA SPAR STATE OF VIRGINIA, AT LARGE, f CITY/COBIITi' OF (.(�in� a./ to -wit: The foregoing instrument was acknowledged before me on 4 Michel L. Bryan 9 Court Square 2i Floor Winchester, VA the al day of June, 2004, by Chloe Juanita Sparks, whose name is signed to the foregoing Deed dated the cDI day of June, 2004. My commission expires 1 31101 NOT PUBLIC IR I' y THIS INSTRUMENT PREPARED BY: r Michael L. Bryan 9 Court Square Winchester, VA 22601 540 -545 -4130 Deeds \Sparks to Bowman and Glaize 5 NOTES IRF IRS VD 0 G 7M 75 -((A)) -115 CHLOE J SPARKS DB. 238 38 PC. 55 I FGFND IRS= 1/r IRON REBAR W1771 CAP SET IRF IRON REE4R FOUND R/W RICHT OF WAY -X- FENCE N 32'1331" E 264.00' TM 75 -((A1) -114 0.9768 ACRES S 31'52 W 264.00' WHITE OAK ROAD 40' VW (DB. 330 PG. 300) IRS RS o IRF N 31'52'54' 47.03' 1. NO TIRE REPORT FURNISHED. EASEMENTS 07HER THAN SHOWN MAY EXIST. 2. 7HE BOUNDARY INFORM4770N SHOWN HEREON I5 BASED ON A CURRENT FIELD SURVEY BY THIS FIRM. 3. CURRENT OWNER OF RECORD: 7741 75 -((A)) -114 CHLOE JUANITA SPARKS 60 0 DB. 204 PC. 235 •Mglaat Jetta ova 4. NOT ALL IMPROVEMENTS ARE SHOWN. GRAPHIC SCALE ON FEE° 80 BOUNDARY SURVEY OF THE LAND OF CHLOE JUANITA SPARKS OPEQUON MAGAItHL4L DISTRICT, FREDERICK COUNTY, VIRGI SCALE: 1" 60' Founded In 1971 Engineers Surveyors 1 DATE: 06/07/04 GREENWAY ENGINEERING 161 WINDY HILL LANE WINCHESTER VA. 22602 TELEPHONE: (540) 682 -4186 FAX (640) 722 -9626 wwWgrearomyemg.00m 4074 SHEET 1 OF 1 IRS N 32'02'18' 31 7.80 a NOTE.• SEE SHEET 2 FOR LEGEND AND NOTES. 5 5 TM 75 —((A)) -116 CHLOE JUANITA SPARKS DB. 873 PG. 128 SEE ALSO: DB. 200 PG. 409 TM 75 -((A)) -115 1.5297 ACRES S 371..7 W 264.00' 7M 75 —((A)) -114 CHLOE JUANITA SPARKS DB. 238 PG. 55 S 31•254' W 47.03' BOUNDARY SURVEY OF THE LAND OF CHLOE JUANITA SPARKS OPEOUON MAGISTERIAL DISTRICT, FREDERICK COUNTY, VIRGINIA 60' I DATE: 06/07/04 GREENWAY ENGINEERING 151 WINDY HILL LA NZ wuiciaasrra, VA. 22802 TELEPHONE: (540) 882 -4156 FAX: (640) 722 -8528 www.greeawayeng.com SCALE: 1' Engineers Surveyors Founded in 1071 60 IRS a E IRF IRF WHITE OAK ROAD 40' R/Y (D8. 330 PC. 300) 0 GRAPHIC SCALE (IN FEET) 0 N 66'%. .23' Z 4074 SHEET 1 OF 2 I FGEND IRS 1/2' IRON REB4R WITH CAP SET !RF IRON REBAR FOUND RAY a RIGHT OF WAY —X— FENCE NOTES: 1. NO TITLE REPORT FURNISHED. EASEMENTS OTHER 7HAN SHOWN MAY EXIST. 2. THE BOUNDARY INFORMATION SHOWN HEREON 1S BASED ON A CURRENT FIELD SURVEY BY THIS FIRM. 3. CURRENT OWNER OF RECORD: TM 75 —((0-115 CHLOE JUANffA SPARKS DB. 238 PG 55 4. NOT ALL IMPROVEMENTS ARE SHOWN. BOUNDARY SURVEY OF THE LAND OF CHLOE JUANITA SPARKS OPEQUON MAGISTERIAL DISTRICT, FREDERICK COUNTY, VIRGINIA SCALE: 1' s N/A 1 DATE: 06/07/04 GREENWAY ENGINEERING r.ww.4 Engineers Surveyors in 1071 151 WINDY ELL LANE WINCHESTER, VA. 22602 TELEPHONE: (540) 882 -4188 PAX: (640) 722-9528 www.gr..nwsyeng•com 4074 SH EET 2 OF 2 7M 75— (01)) -117A COUNTY OF FREDERICK DB. 441 PG. 97 IRF N J2' 5'18' E 2 1.30' Engineers Surveyors Founded in 1921 IRF TM 86 —((A)) -151 EDGAR P. CHAPMAN, ET UX 08. 954 PG 885 TM 86-((A)) -153 4.9311 ACRES S 31'52'54' W 613.25' WHITE OAK ROAD 40' R/W (DB. 330 PG. 300) 1FGEN() IRS= 1/2' IRON REBAR WITH CAP SET IRF a IRON REBAR FOUND R/W RIGHT OF WAY —X— FENCE TM 75 —(('A)) -116 CHLOE JUANITA SPARKS DB. 873 PC. 128 SEE ALSO: DB. 200 PG. 409 BOUNDARY SURVEY OF THE LAND OF CHLOE JUANITA SPARKS OPEQUON MAGISTERIAL DISTRICT, FREDERICK COUNTY, VIRGINIA SCALE: i 150' 1 DATE: 06/07/04 N 32'02'1 E IRS 377. m TM 75—((.4))-115 tit CHLOE JUANA SPARKS t D8. 238 PC. 55 GREENWAY ENGINEERING 161 WINDY HILL LANE WINCHESTER, VA. 22602 TEIZPHONE: (540) 662 -4166 FAB: (540) 722 -9626 mrn.sraannycug.com TM 86—((0-152 EDGAR P. CHAPMAN, ET UX O8. 954 PC 885 1 150 IRS 0 GRAPHIC 75 —((0-114 CHLOE JUANITA SPARKS DB. 238 PG. 55 N 31 E IRF 311.04' NOTES: 1. NO TITLE REPORT FURNISHED. EASEMENTS OTHER lh4N SHOWN MAY EXIST. 2. 771E BOUNDARY INFORMATION SHOWN HEREON IS BASED ON A CURRENT FIELD SURVEY BY 77-1/S h7RM. 3. CURRENT OWNER OF RECORD: TM 86 —((A)) -153 CHLOE JUANITA SPARKS DB. 873 PG.128 SEE ALSO: DB. 200 PG. 409 4. NOT ALL IMPROVEMENTS ARE SHOWN. enEla —,lideNa .MO M 4074 SHEET 1 OF 1 150 IRF /RF N 56'29'01 W 100.42' WHITE OAK ROAD 40' P/W (D8. 330 PG. .300) LEGEND IRS= 1/2 IRON REBAR WITH CAP SET /RF IRON REBAR FOUND RAY RIGHT OF WAY —X— FENCE TM 75 —((4)) -106 BAYLIS INVESTMENTS DB. 806 PC. 136 N702'02 E )1 K X 857.47' TM 75 -8A)) -107 9.6338 ACRES S 31'51'03' W 1RF 1RF 451.67 FE E FOUND 1M 75 —(('A) -108 GROVER ELWOOD BURACKER DB. 414 PC. 589 7M 75 ((4)) 117 JAS, INC D8. 456 PG 32 IRS S 32'02'02' W 526.4t 4 .V &9 Oz 1 1 A rn 4 1 1 L e FENCE POST ND K o NOTES: 1. NO 777LE REPORT FURNISHED. EASEMENTS OTHER 7H4N SHOWN MAY EXIST. 2. 774E BOUNDARY INFORMATION SHOWN HEREON IS BASED ON A CURRENT F7ELD SURVEY BY THIS F7RM. 3. CURRENT OWNER OF RECORD: 771 75 —((A)) -107 CHLOE JUANITA SPARKS 150 0 DB. 246 PC. 525 4. NOT ALL IMPROVEMENTS ARE SHOWN. Us kyr S GRAPHIC SCALE (IN FEET) 150 BOUNDARY SURVEY OF 774E LAND OF CHLOE JUANITA SPARKS OPEQUON MAGISTERIAL DISTRICT, FREDERICK COUNTY, VIRGINIA SCALE: 1 a 150' DATE: 06/07/04 Engineers Surveyors rounded in 1971 GREENWAY ENGINEERING 151 WINDY HILL LAN2 WINCHESTER, VA. 8260E TELEPHONE: (640) 662 -4166 FAX (540) 722 -9626 www.gr eenwereng.00nl 4074 SHEET 1 OF 1 G /RF N 32'4127' E IM 75- ((A)) -117A COUNTY OF FREDERICK DB. 441 PG. 97 IRP m N '5 PENCE POST FOND 4' S 32'02'18' W TM 86 -((0-153 CHLOE JUANITA SPARKS DB. 873 PG. 128 SEE ALSO: D8. 200 PG. 409 150 0 150 UM mm mm m Lam WM mar. GRAPHIC SCALE ON FEET) TM 75 -((A)) -117 JA58O, INO DB. 456 PC. 32 POND TM 75-((M -11O 10.3729 ACRES NOTE.• SEE SHEET 2 FOR LEGEND AND NOTES. 32 %.81' FENCE POST FOUND to ,RF 5:0 695.25' 1.0 SHED O, H TM 75 -((A)) -115 CHLOE JUANITA SPARKS a e a DB. 238 PG. 55 N WHITE OAK ROAD 40' RAY (OR. 330 PG. 300) BOUNDARY SURVEY OF THE LAND OF CHLOE JUANITA SPARKS OPEQUON MAGISTERIAL DISTRICT, FREDERICK COUNTY, VIRGIN SCALE: 1' s 160' DATE: 06/07/04 Engineers Surveyors Pounded in 1971 GREENWAY ENGINEERING 161 WINDY HEE LANE WINCHESTER. VA. 22002 TELEPHONE: (640) 662 -4186 FAX: (540) 722 -9628 www.9recawsyong.com 4074 SHEET 1 OF 2 LEGFNQ IRS= 1/2" IRON R£BAR WITH CAP SET IRF IRON REBAR FOUND R/W RIGHT OF WAY —X— FENCE NOTES; 1. NO 77TLE REPORT FURNISHED. EASEMENTS OTHER THAN SHOWN MAY EXIST 2. THE BOUNDARY INFORMA77ON SHOWN HEREON IS BASED ON A CURRENT FIELD SURVEY BY THIS F7RM. 3. CURRENT OWNER OF RECORD: TM 75 —((A)) -116 CHLOE JUANITA SPARKS DB. 873 PC.128 SEE ALSO: DB. 200 PG. 409 4. NOT ALL IMPROVEMENTS ARE SHOWN. VIRUINLA: FREDERICK COUNTY, SCE instrument of writing waa produced to me on A—I '1at 1: I r,T, with certificate of adcnowlcdgement thereto annexed was admitted to record. T imposed by Sea 58.1 -802 of and 58.1-801 have been paid. if assemble r ,Clerk BOUNDARY SURVEY OF ME LAND OF CHLOE JUANITA SPARKS OPEQUON MAGISTERIAL DISTRICT, FREDERICK COUNTY, VIRGINIA SCALE: 1' N/A 1 DATE: 06/07/04 Engineers Surveyors Founded 4n 1971 GREENWAY ENGINEERING 151 WINDY HILL LANE WINCHESTER, VA. 22602 TELEPHONE: (840) 862 -4185 FAR: (540) 722-9528 www.graanwaysng.cont 4074 SHEET 2 OF 2 F 03- 23-2006 16:52 Michael 1.. Bryan 9 Court Square 1" Fluor Winchester, VA From MICHAEL L BRYAN 060005623 5405454130 T -530 P. 002/00T F-451 C0 THIS DEED OF EASEMENTS, made and dated this ola� of March, 2006, by and between SPARKS PROPERTY, L.L.C., a Virginia limited liability company, hereinafter "Sparks JASBO, INC., a Virginia corporation, hereinafter "Jasbo and the COUNTY OF FREDERICK VIRGO 1�IA, hereinafter "Frederick County". RECITALS: A. Frederick County is vested with fee simple title to that certain tract of land containing 68.180 acres, more or less, situate north of Fairfax Pike (Route 277) ;in Opequon Magisterial District, Frederick County, Virginia; having acquired said tract by that certain Deed of record in the Clerk's Office of the Circuit Court of Frederick County, Va. in Deed Book 441, at Page 97 and by that certain Boundary Line Adjustment Agreement dated February 11, 1999, of record in the aforesaid Clerk's Office as Instrument No.990004249 (Deed Book', 933, at Page 1718). Tax Map No. 75- A -117A (the "Park Lands B. Sparks is vested with fee simple title to that certain parcel of land containing 4.9311 acres, more or less, fronting on the western side of White Oak Road (Va. Route 636) in Opequon Magisterial District, Frederick County, Virginia; having acquired said parcel of land by that certain Deed of record in the aforesaid Clerk's Office as Instnunent No.050007167. Tax Map No. 86 -A -153 (the "Sparks Parcel C. Jasbo is vested with fee simple title to that certain parcel of land containing 10.3729 acres, more or less located northwest of White Oak Road (Va. Route 636) in Opequon Magisterial District, Frederick County, Virginia; having acquired said parcel of land by that certain Deed of record in the aforesaid Clerk's Office as Instrument No.040022470. Tax Map No. 75 -A -116 (the "Jasbo Parcel D. Frederick County has agreed to grant and convey unto Jasbo and Sparks, and unto each of them, a temporary grading easement over a portion of the Park Lands (the "Temporary Grading Easement") designated as "100' Temporary Grading Easement Between Parcels 75 -((A)) -116 of Jasbo, Inc., 86 -((A)) -153 of Sparks Property, L.L.C. 75- ((A)) -117A of the County of Frederick "on the attached plat titled "Exhibit Plat Utility Temporary Grading 03 -23 -2005 16:52 anon., Bryan Court Square 2" Floor linchester, VA From MICHAEL L BRYAN 5405454130 T-530 P.003 /00? F -451 Easements Between Parcels 75- ((A)) -117A; 75 -((A)) -116 86 -((A)) -153" dated March 16, 2006, drawn by Greenway Engineering (the "Easement Plat a copy if which is attached hereto and made a material part hereof, as more fully set forth hereinafter. E. In exchange for the grant of the Temporary Grading Easement set forth above, Jasbo has agreed to grant and convey unto Frederick County a utility easement over a portion of the Jasbo Parcel (the "Utility Easement designated as "20' Utility Easement Between Parcels 75 -((A)) -116 of Jasbo Inc. 75- ((A)) -117A of the County of Frederick" on the attached Easement Plat to allow for the connection by Frederick County to water and sewer lines which are to be hereafter installed by Jasbo within the Utility Easement as part of the !residential development of the Jasbo Parcel and thereby extend public water and sewer service ;to the Park Lands, as more fully set forth hereinafter. Dollars ($10.00), cash in hand paid by each of the parties hereto unto the other, the receipt and sufficiency of which is hereby acknowledged, and other consideration deemed adequate at law, the parties do hereby agree as follows: 1. The Recitals are incorporated herein and made a material part hereof as if set out in full. NOW THEREFOREWITNESSETH: That for and in consideration of the sum of Ten 2. The County hereby grants and conveys unto Jasbo and Sparks, and each of them, the Temporary Grading Easement as more particularly described on the attached Easement Plat. Jasbo and Sparks, and each of them, shall have the reasonable right of entry upon the Park Lands for purposes of grading within the confines of Temporary Grading Easement. 3. Jasbo hereby grants and conveys unto Frederick County the Utility Easement as more particularly described on the attached Easement Plat for the sole purpose of allowing Frederick County to connect to such water and sewer lines as are hereafter installed by Jasbo within the confines of the Utility Easement so as to allow for the extension of public water and sewer service to the Park Lands. Frederick County shall have the reasonable right of!enuy upon the Jasbo Parcel in order to make such utility connections. The costs of such utility connections 03 2006' 16:52 From MICHAEL L BRYAN 5405454130 T -530 P.004/007 F -451 GI Michael L Bryan 9 Court Square 2i Floor Winchester, VA and the extension of utility service to the Park Lands, together with the repair of any and disturbance caused by the installation of such utility connections, shall be at the sole cost and expense of Frederick County. 4. Frederick County retains the right to the use of the lands subject to 'the Temporary Grading Easement hereby conveyed in any manner which shall not interfere with the use and enjoyment of said Temporary Grading F.aseinent by Jasbo and Sparks. Frederick County shall, at all times, have the right to cross over and upon the Temporary Grading Easement and to use the surface of the Temporary Grading Easement in such manner as will neither injure nor interfere with the use and enjoyment of the Temporary Grading Easement, except that no building or other structure shall be erected over said Temporary Grading Easement unless by mutual consent of the parties hereto, 5. Jasbo retains the right to the use of the lands subject to the Utility Easement hereby conveyed in any manner which shall not interfere with the use and enjoyment of said Utility Easement by Frederick County. Jasbo shall, at all times, have the right to cross over and upon the Utility Easement and to use the surface of the Utility Easement in such manner as will neither injure nor interfere with the use and enjoyment of the Utility Easement, except that no building or other structure shall be erected over said Utility Easement unless by Mutual consent of the parties hereto. WITNESS the following signatures and seals: THE COUNTY F FRE C K, WIRGINIA By: ant. a '(SEAL) Its: m.< STATE OF VIRGINIA, AT LARGE, CITY /COUNTY OF aedec c to -wit: The foregoing instrument was acknowledged before me on the 423rd day of Nla.cb, 2006 by .7R.,.ctkT t;tr Z- asCn i d n u ni.F,aaofTheCounty ofFredelrick ,Virginia. My commission expires 11 -30- nova No 03 -23 -2006 16:52 lehpel L. Bryan Court Square 2 Floor Viochealar, VA From MICHAEL L BRYAN STATE OF VIRGINIA ,IAT L GL, CITY /E',t313'1V'YY OF r to -wit: h1LB /pmn c:\DeedstSparks Properties Deed of Easement 3/1S/06 S 5405454130 SPARKS PROPERTY, L.L.C. T-530 P.005/00T F -451 0 By: Beverle JASBO, INC. By: Beverley B 0 c J a Shoemaker, Member/Manag r hoemaker, President STATE OF VIRGINIA, ,AT LAVE, CITY /GOLIDLTY OF W, rr_ir to -wit: The foregoing instrument was acknowledged before me onth day of ma.ed 200 by Beverley B. Shoemaker as Member //Manager of Sparks Property, L L C My commission expires 1311ait The foregoing instrument was acknowledged before me on thea) of by Beverley B. Shoemaker as President of Jasbo, Inc. My commission expires 1 13 JU.e Not Public 200 03 -23 -2006 16:53 Founded in 1971 From MICHAEL L BRYAN 150 _0 GRAPHIC SCALE SCALE: 1" 150' Engineers Surveyors TM: 15- C(AD -II1A COUNTY OF FREDERICK D5: 441, PAGE: 91 ZONED: RA USE: FUBLIC PARK 0 100' TEMPORARY GRADRJG EASEMENT BETWEEN PARCELS 15 -((4))-116 OF JASBO INC. 86 -((A »-153 OF se*MCS PROPERTY, LLC '15- ((A)) -111A OF THE COUNTY OF FREDERICK /TM 86 -((A)) -151 EDGAR P. CI- 4APMAN, ET UX DE. 954 PG. 885 x TM 86 -((A)1 -152 EDGAR P. CHAPMAN, ET U S. 954 PG. 885 0 5405454130 0 41 0 0 This 56 -((A)) -153 SPARKS PROPERTY LLC INSTS 050001161 ZONED: RA USE: RESIDENTIAL 0 VA ROUTE WFIITTE-b56TC'RO- j X• EXHIBIT PLAT UTILITY TEMPORARY GRADING EASEMENTS BETWEEN PARCELS' 75— ((A)) -117A; 75 —((A)) -116 86 —((A)) -153 OPEOUON DISTRICT FREDERICK COUNTY, VIRGINIA DATE: MARCH 16,2006 GREENWAY ENGINEERING 151 Wendy Hill Lane Winchester, Virginia 22602 Telephone: (510) 662 -0185 FAX.- (540) 722 9528 www-greenwayeng.cant T -530 P.005 /007 f -451 20' UTILITY EASEMENT BETWEEN PARCELS 18- ((A)) -II6 OF JASBO NC, l5- 0411-II1A OF THE COUNTY OF I9R EDERICK TM: 15- ((A)) -II6 JASSO INC. IN5T5 040022410 ZONED: RA USE: RESIDENTIAL IMP 4074 SHEET 1 OF 1 t 03 -23 -2006 16:53 From- IIICNAEL L BRYAN 5405454130 VIRGINIA: FREDERICK COUNTY. scr. matnm'ent was of writing was produced to roe on at and with certificate of accnoui d by Sec e -n of was admitted to record. T ',reposed S and 58.1461 ifav been paid, if assessable T-530 P.007 /007 F -451 0 •r Michael L. Bryan 9 Court Square 2 Floor Winchester, VA 050028552 THIS DEED OF LIMITED ACCESS EASEMENT, made and dated this /n 4- of Ckeel*+Eej, 2005, by and between SPARKS PROPERTY L L C a Virginia limited liability company, hereinafter "Sparks and THE COUNTY OF FREDERICK, VIRGINIA hereinafter "Frederick County". RECITALS: A. Frederick County is vested with fee simple title to that certain tract of land containing 61.150 acres, more or less, situate north of Fairfax Pike (Route 277) in Opequon Magisterial District, Frederick County, Virginia. Tax Map No. 75- A -117A (the "Park Lands B. Sparks is vested with fee simple title to that certain parcel of land containing 4.9311 acres, more or less, fronting on the western side of White Oak Road (Va. Route 636) in Opequon Magisterial District, Frederick County, Virginia. Tax Map No. 86 -A -153 (the "Sparks Lands C. Sparks has agreed to grant and convey unto Frederick County a limited right of way or easement for purposes of ingress /egress over a portion of the Jasbo Lands from White Oak Road to the Park Lands, as more fully set forth hereinafter. NOW THEREFORE WITNESSETH: That for and in consideration of the sum of Ten Dollars (S 10.00), cash in hand paid by each of the parties hereto unto the other, the receipt and sufficiency of which is hereby acknowledged, and other consideration deemed adequate at law, the parties do hereby agree as follows: 1. The Recitals are incorporated herein and made a material part hereof as if set out in full. 2. Sparks hereby grants and conveys unto Frederick County a limited right of way or easement for purposes of vehicular ingress /egress from White Oak Road to the Park Lands, described as "Private Ingress/Egress Easement To Provide Frederick County Parks And Recreation Department Maintenance Vehicle Access To Tax Map Parcel 75- ((A)) -I 17A" on that certain "Exhibit Plat Ingress /Egress Easement to TM Parcel 75-((A))-117A" dated May, 2005, prepared by Greenway Engineering, attached hereto and made a material part hereof as if set out Michael L. Bryan 9 Court Square 2i Floor Winchester, VA in full (the "Limited Ingress /Egress Easement"). 3. The Limited Ingress /Egress Easement granted herein shall be deemed an easement in gross in favor of the Grantee only, shall not be deemed perpetual or appurtenant and shall not run with the title to the Sparks Lands. 4. The Ingress/Egress Easement shall be for the sole and exclusive purpose of vehicular access by Frederick County, and only Frederick County, and shall not be used for purposes of public access to the Park Lands. 5. Frederick County shall be solely responsible for the maintenance of the Ingress/Egress Easement. WITNESS the following signatures and seals: SPARKS PROPERTY, L.L.C. STATE OF VIRGINIA, T LARGE, CITYFPOUNTY OF '�7 e to -wit: By: Beverle Ill► s Retry. F' 0 cn 0 (SEAL) Shoemaker, Membtr/Manager THE COUNTY OF FREDERICK, A!]RO1NI•A By: �F Its: ns The foregoing instrument was acknowledged before me on the 7 day Zemke; 2005 by Beverley B. Shoemaker as Member/Manager of Sparks Property, L.L.C. My commission expires 1 STATE OF VIRGINIA, AT LARGE, CITY /COUNTY OF rake. k. to -wit: J The foregoing instrument was acknowledged before meon the (o dayof'T);.c. 2005 by, ,,kr/ 7.12 f f as Co.iit Oank,o,P County of Frederick, Virginia. My commission expires A 1, e Q 001 J IPA/IAA. J Pf3 Notary Pub c MLB /pmn c Deeds Vasbo Cedar Meadows Deed of Easement 11/14/05 2 No Public TM: 86 -la 4)) -151 CHAPMAN, EDGAR 4 JENNIFER D. DB: 954, PAGE: 885 ZONED: RA USE: RESIDENTIAL TM: 86 -UAD -152 CHAPMAN, EDGAR 4 JENNIFER D. DB: 954, PAGE: 885 ZONED: RA USE: RESIDENTIAL TM: 15-(CA))-111A COUNTY OF FREDERICK DB: 441, PAGE: 91 ZONED: RA USE PUBLIC PARK 30 5 100 0 100 200 SCALE: 1 100' I M-51.FFER DISTANCE AREA 1 SCALE: 1" 700' PRIVATE ,INGRESS EGRESS EASEMNT TO PROVIDE FREDERICK COUNTY PARKS AND RECREATION DEPARTMENT /MAINTENANCE VEI-IICLE ACCESS TO TAX MAP PARCEL 15 -((A)) -IIIA 20' VA ROUTE 636 WHITE OAK ROAD TM: 15 -((A)) -116 JASBO INC. INSTs: ZONED: RA USE RESIDENTIAL TM: 86 A)) -153 JASBO INC. INST•: 040022410 ZONED: RA USE: RESIDENTIAL EXHIBIT PLAT INGRESS EGRESS EASMENT TO TM PARCEL 75- /A)) 7 7 7A OPEOUON DISTRICT FREDERICK COUNTY, VIRGINIA DATE: MAY 2005 Engineers Surveyors GREENWAY ENGINEERING 151 Windy Hill Lane Winchester, Virginia 22602 Telephone (540) 662 -4185 FAX (540) 722 -9528 www.greenwayeng.com 25248 SHEET 1 OF 7 %/PLUM)... FREDERICK WUNT1'. SCT. This haranunent o w Utica was produced to me on 3 :As P.M at and with certificate of acknowledgcattent thereto annexed was admitted to recmd. unposed by Sec. 58.1-802 of and 53.1-801 have been paid, if assessable 0 01 0 Chi ichael L. Bryan Court Square 2" Floor Vinchester, VA 050028553 c o n 0 CT) THIS DEED OF VACATION OF EASEMENT, made and dated this /(othday of uWernikg 2005, by and between JASBO, INC. a Virginia Corporation, hereinafter "Jasbo and THE COUNTY OF FREDERICK, VIRGINIA hereinafter "Frederick County". RECITALS: A. Frederick County is vested with fee simple title to that certain parcel of land containing 61.150 acres, more or less, situate northwest of White Oak Road (Va. Route 636) in Opequon Magisterial District, Frederick County, Virginia. Tax Map No. 75- A -117A (the "Park Lands B. Jasbo is vested with fee simple title to those certain parcels of land, situate northwest of White Oak Road (Va. Route 636) in Opequon Magisterial District, Frederick County, Virginia, containing 4.9311 acres, more or less, Tax Map No. 86 -A -153, 1.5297 acres, more or less, Tax Map No. 75 -A -115, 0.9768 acres, more or less, Tax Map No. 75 -A- 114, and 9.6338 acres, more or less, Tax Map No. 75 -A -107 (collectively, the "Jasbo Lands C. Baylis Investments, a Virginia Partnership "Baylis is vested with fee simple title to that certain lot or parcel of land containing 2.26 acres, more or less, situate on the Northeastern side of Pewter Lane, in Opequon Magisterial District, Frederick County, Virginia. Tax Map No. 75 -A -106 (the "Baylis Parcel D. Pewter Lane has been variously designated as a 30' right of way and a 50' right of way by various plats of record in the Clerk's Office of the Circuit Court of Frederick County, Virginia, including the following: 1. That certain plat dated June 26, 1956 drawn by Richard U. Goode, C.S., attached to that certain Deed dated September 17, 1957, which Deed is of record in the Clerk's Office of the Circuit Court of Frederick County, Virginia in Deed Book 248, at Page 585. 2. That certain plat dated June 16, 1956 drawn by Richard U. Goode, C.S. attached to that certain Deed dated July 6, 1956, which Deed is of record in the aforesaid ichael L. Bryan Court Square 2 Floor Winchester, VA o Crl 0 Clerk's Office in Deed Book 246, at Page 525. 3. That certain plat dated September 7, 1960 drawn by Richard U. Goode, C.S., attached to that certain Deed dated September 21, 1960, which Deed is of record in the aforesaid Clerk's Office in Deed Book 266, at Page 119. The Baylis Parcel is a portion of the lands acquired by Baylis Investments by that certain Deed dated October 7, 1993, of record in the aforesaid Clerk's Office in Deed Book 806, at Page 136 (Parcel Four). Tax Map No. 75- A -I06. E. Frederick County has agreed to forever release, waive, terminate and extinguish any right of way or easement (if any in fact exists), whether acquired by deed, by prescription, or otherwise, extending from the northwestern boundary of the Baylis Parcel to the Park Lands, including, but not limited to, a portion of Pewter Lane designated as "EX. Pewter Lane 50' R/W to be Vacated from this Point to Hatch Limits" (collectively, the "Extinguished R/W as more particularly described on that certain "Exhibit Plat Vacation of Right of Way for Portion of Pewter Lane" dated May, 2005 drawn by Greenway Engineering (the "Plat a copy of which is attached hereto and made a material part hereof as if set out in full. NOW THEREFORE WITNESSETH: That for and in consideration of the sum of Ten Dollars ($10 00) cash in hand paid by each of the parties hereto unto the other, the receipt and sufficiency of which is hereby acknowledged, and other consideration deemed adequate at law, the parties hereby agree as follows: 1. The Recitals are incorporated herein and made a material part hereof as if set out in full. 2. Frederick County hereby forever waives, terminates and extinguishes all right, title, and interest, of whatsoever nature and howsoever held, in and to the Extinguished R/W. 3. The waiver, termination and extinguishment of the Extinguished R/W, as set forth herein, shall extend to and be binding upon the respective successors and assigns of Jasbo and Frederick County. ichael L. Bryan Court Square 2" Floor Vinchester, VA MLB /pmn c:\DeedsUasbo Deed of Vacation WITNESS these signatures and seals: JASBO, INC. By ei(tJ14 NOTARY 11 1 'awl lido 'I Beverley THE COUNTY OF FREDERICK, VIRGINIA STATE OF VIRGINIA, T LARGE, CITY/COUNTY OF ;r ,,ff11 The foregoing instrument was acknowledged before me on the Q day of °tarn bc./, 2005, by Beverley B. Shoemaker, President ofJasbo, Inc. My commission expires '7 13I IoL NOTA Y PUBLIC Shoemaker, President (SEAL) STATE OF VIRGINIA, AT LARGE, CITY /COUNTY OF4vt( v,i I< The foregoing instrument was acknowledged before me on the k( day of w n a; 2005, by n �c? L as Cnv.✓r11 f County of Frederick, Vi a. U U My commission expires c 1 cb 0 TM: 15- ((A)) -II1A COUNTY OF FREDERICK DB: 441, PAGE: 91 ZONED: RA USE-,.PUBLIC PARK r TM: 86 -((A)) -153 JASB0 INC. INSP.: 040022410 ZONED: RA USE: RESIDENTIAL TM: 15 -((A))-116 JA550 INC. INST': 040021410 ZONED: RA USE RESIDENTIAL 15 -l(A)) -114 A550 INC. b40QT2410 ED: RA I p U RESIDENTIAL 7 -vim b T 0 111 1 0 9 JASBO INC. !NISI": 040022410 ZONED: RA USE: RESIDENTIAL I L s Z LII5 DB: 806, PAGE: 136 ZONED: ROUSE: RESIDENTIAL j i J1 1 J t J i L9• L..d! 0 uT 0 TM: 15- ((4)) -II1 JASBO INC. DB: 456 PG: 32 ZONED: RP USE: RESIDENTIAL EX. FEIUTER LANE 50' RN) TO BE VACATED FROM THIS POINT TO HATCH LIMITS TM: 15 -KAE -101 JA550 INC. INST": 040022410 ZONED: RA USE- RESIDENTIAL —r' I I 150 0 150 I I I GRAPHIC SCALE I 44*r EXHIBIT PLAT VACATION OF RIGHT OF WAY FOR PORTION OF PEWTER LANE OPEOUON DISTRICT FREDERICK COUNTY, VIRGINIA 50 I DATE: MAY 2005 SCALE: 1" 1 Founded in 1971 Engineers Surveyors GREENWAY ENGINEERING 151 Windy Hill Lane Winchester, Virginia 22602 Telephone: (540) 662 -4185 FAX: (540) 722 -9528 www.greenwayeng.com j 25248 SHEET 1 OF 1 z VIP.C4INIA.: FRI COUNTY. SCT. This instrument of writing was produced to me cm /4-7- a5 at :/9 PA• and with certificate of acknowledgement thereto annexed was admitted to record. r uposed by Sec. 58.1-802 of aliii 58,1-2101 helve been paid, if assessable 14/44a4 _di 4 e ,4'./ 7 .Cork 0'. f ?Loft 0 (31 1 Q ichael L. Bryan 9 Court Square 2id Floor Winchester, VA 060000713 THIS DEED OF VACATION OF EASEMENT, made and dated this '1 thday of January, 2006, by and between JASBO. INC., a Virginia Corporation, hereinafter "Jasbo THE COUNTY OF FREDERICK VIRGINIA, hereinafter "Frederick County and SPARKS PROPERTY, L.L.C., a Virginia Limited Liability Company, hereinafter "Sparks REC ITALS: A. Frederick County is vested with fee simple title to that certain parcel of land containing 61.150 acres, more or less, situate northwest of White Oak Road (Va. Route 636) in Opequon Magisterial District, Frederick County, Virginia. Tax Map No. 75 -Ar 117A (the "Park Lands B. Jasbo is vested with fee simple title to those certain parcels of land, situate northwest of White Oak Road (Va. Route 636) in Opequon Magisterial District, Frederick County, Virginia, containing 4.9311acres, more or less, Tax Map No. 86 -A -153, '13297 acres, more or less, Tax Map No. 75 -A -115, 0.9768 acres, more or less, Tax Map No. 75 -A- 114, and 9.6338 acres, more or less, Tax Map No. 75 -A -107 (collectively, the "Jasbo Lands C. Sparks is vested with fee simple title to that certain lot or parcel of land containing 2.26 acres, more or less, situate on the Northeastern side of Pewter Lane, in Opequon Magisterial District, Frederick County, Virginia. Tax Map No. 75 -A -106 (the "Sparks Parcel The Sparks Parcel is the same lands acquired by Sparks by that certain Deed dated December 20, 2005, of record in the aforesaid Clerk's Office as Instrilment No. 050029421. D. Pewter Lane has been variously designated as a 30' right of way and a 50' right of way by various plats of record in the Clerk's Office of the Circuit Court of Frederick County, Virginia, including the following: 1. That certain plat dated June 26, 1956 drawn by Richard U. attached to that certain Deed dated September 17, 1957, which Deed is of record in the node, C.S., t ichacl L. Bryan 9 Court Square 2" Floor Winchester, VA 585. I. The Recitals are incorporated herein and made a material part hereof as if set out in full. 2. Jasbo, Sparks and Frederick County, jointly and severally, hereby forever waive, terminate and extinguish all right, title, and interest, of whatsoever nature land howsoever held, in and to the Extinguished R/W 3. The waiver, termination and extinguishment of the Extinguished R/W, as set forth herein, shall extend to and be binding upon the respective successors and assigns of Jasbo, Sparks and Frederick County. 0 w 0 Clerk's Office of the Circuit Court of Frederick County, Virginia in Deed Book 248, at Page 2. That certain plat dated June 16, 1956 drawn by Richard U. Goode, C.S. attached to that certain Deed dated July 6, 1956, which Deed is of record in the aforesaid Clerk's Office in Deed Book 246, at Page 525. 3. That certain plat dated September 7, 1960 drawn by Richard U. Goode, C.S., attached to that certain Deed dated September 21, 1960, which Deed is of record in the aforesaid Clerk's Office in Deed Book 266, at Page 119. E. Jasbo, Sparks and Frederick County has agreed to forever release, 'waive, terminate and extinguish any right of way or easement (if any in fact exists), whether acquired by deed, by prescription, or otherwise, over that portion of Pewter Lane; designated as "Pewter Lane 50' R/W to be Vacated" collectively, the "Extinguished R/W on the attached plat entitled "Exhibit Plat Vacation of Right of Way for Remainder of Pewter Lane" dated January, 2006, prepared by Greenway Engineering (the "Plat a copy of which is attached hereto and made a material part hereof as if set out in full. NOW THEREFORE WITNESSETH: That for and in consideration of the sum of Ten Dollars ($10.00), cash in hand paid by each of the parties hereto unto the other, the receipt and sufficiency of which is hereby acknowledged, and other consideration deemed adequate at law, the parties hereby agree as follows: �Ichael L Bryan 9 Court Square 1" Floor Winchester, VA WITNESS these signatures and seals: My commission expires JASBO, INC. By SEAL) 1 P t si e j t(�XSEAL) Beverley Shoemaker, President: tii i ii THE COUNTY OF FREDERIO*UMTh. G n 191 m o f ItS: CmnJ,l Ad nn, n .}ra d rii• "a SPARKS PROPERTY, L.L.C. By: L) Beverley Shoemaker, Manager STATE OF VIRGINIA, AT LARGE, CITY/COUNT-1 W,b The foregoing instrument was acknowledged before me on the 1/ M daffy of .Trn.n n 2006, by Beverley B. Shoemaker, President of bo, Inc. NO ARY PUBLIC STATE OF VIRGINIA, AT LARGE, CITY /COUNTY OF `Ayr ;cK M J The foregoing instrument was acknowledged before me on the C) day of 2006, by r :1Z \T as CCw.,,l. Aar& ifc laafThe County of Frederick, Virginia. My commission expires �,t 2 i.001 q r al H l9 r. a, �iR? F ea NOTARY LIC lichael L. Bryan 9 Court Square 2" Floor Winchester, VA MLB/pnn c:LLleedsVasbo Deed of Vacation H2 o 0 o-. STATE OF VIRGINIA AT LARGE, CITY/G9U? fY OF ia at aJ The foregoing instrument was acknowledged before me on the I al day of 2006, by Beverley B. Shoemaker, Manager of Sp Property, L.L,C. My commission expires 7 3 NOTA UBLIC TM: 15- ((A)) -IIIA COUNTY OF FREDERICK 08: 441, PAGE: 91 ZONED: RA US,E:.PUBLIC PARK AREA TO BE VACATED TM: 15 -((Ai) -101 JA580 IPJC. INST.; 040022410 ZONED: RA USE: RESIDENTIAL 150 0 150 'nial GRAPHIC SCALE TM: 86 -1 (A)) -153 SPARKS PROPERTY LLC INST': 050001161 ZONED: RA USE: RESIDENTIAL Founded in 1971 war Engineers Surveyors 171: 151(A)) -116 JA58O INC. INST': 040022410 ZONED: R4 USE: RESIDENTIAL rs w 0 I TM: 15 -((A)) -115 JA5B0 INC. INSP 040022410 ZONED: RA U5E: RESIDENTIAL TM: 15 -((A)) -114 "JA5B0 INC. IIV6T!b 040022410 USE RESIDENTIAL YA ROUTE 63 6_UJNITE OAK .RO417 SCALE: 1 150' DATE: JANUARY 2006 GREENWAY ENGINEERING 152 Windy Hill Lane Winchester, Virginia 22602 TT/xphnnn: (.510) 667 -d]RS FAX: (540) 722 -9523 www.greenwayeng.com AREA VACATED AND RECORDED I.NDER IN5T4050025553 TM: 15 -((A)) -111 JA5S0 INC. 08: 456 PG: 32 ZONED: RP USE. RESIDENTIAL '4 it 1S1(1AV'106 `RK5 PROPERTY LLC IN5T':050029421 ZONED: RA' %USE: RESIDE TIAL EXHIBIT PLAT VACATION OF RIGHT OF WAY FOR REMAINDER OF PEWTER LANE OPEOUON DISTRICT FREDERICK COUNTY VIRGINIA 25246 SHEET 1 OF 1 VIRGINIA: FREDERICK COUNTY. SCr. Rib instrument of writing was produced to me an at and with certiliaue of acknowledgement thereto a 'taxed was admitted to record. T ;reposed by Sec. 58.1 -8 of /CI- 1 1r," and 58..1 -801 have been paid, if assessable Qerk 0 CO w O #376 H. C. PANOIE ET AIE PC• GEED COMMONWEALTH OF VIHIINIA t BOOK 330 PAGE THIS DEED, trade this 16 'day of April by and between H. C. Pangle, Divorced Elizabeth J. Sargent, Widow James M. Shockley and Lucie M. Shockley, Husband Wife, Co-tenants Holmes P. Strosnider and Cathern J. Strosnider, Hushand Wife, Co- tenants Chloe J. Sparks and George H. Sparks, Her Hushand Mrs. Mary Trenary Widow Erma E. Trenary, Single Richard D. Trenary, Sr. and Vesta H. Trenary, His wife Homer W. Goiliday, Widower Frank L. Sparks and Florins D. Sparks, Hushand Wife, Co- tenants Roy S. Dodson and Mrs. Anna J. Sparks Dodson, Husband Wife, Co- tenants Acrey Nicholson and Effie N. Nicholson, Husband Wife, Co tenants Charles W. Coates•ard Juanita Stotler Coates, Husband Wife, Co- tenants Charles B. Thweatt, Jr. and Oneda E. Thweatt, Husband Wife, Co- tenants E. N. Stotler and Maud A. Stotler, Hushand Wife, Co- tenants Mrs. Cathleen 5. Guffey, Widow Joseph F. Bayliss, Jr. and Stella 5. Bayliss, Husband E. C. ?runback. Widower Lois Lee Lewis, Widow e, Co- tenants hereinafter designated as grantor', and the COIAI9}HIEALTH OF VIIRGINIA, Grantee; NITNESSETH, In consideration of the benefit' accruing or to accrue to the said grantors, by reason of the location and construction, or other iaeprovament of part of Route No. 636 between Rte. 277 19 65 and Rte. 642 along, through, or over the lands of the grantors, and for further consideration paid to the grantors, receipt of which is hereby acknowledged, the said grantors hereby grant and convey unto the said grantee with general warranty, each ae to the land owned by him hereby conveyed, a strip or parcel of land over the lands of the grantors needed for the location and construction or other improvement of said road, 'o ae to make a total width of right of way, including the present road, of 40 feet, same being located as staked on the ground, said L.— 1R 201 (Page 2) location and stakes having been shown to and approved by the grantors at or before the execution and delivery of these presents, all the said strip or parcel of land being in Opoquon SCgisterial District of Frederick County, Virginia. Together with the right and easement to construct, improve and maintain any drain. ditchaa or other drainage facilities that may be needed for the proper and adequate drainage of said Route. The said grantors covenant that they have the right to convey the said land to the grantee; that they have done no act to encumber the said land; that the grantee shall have quiet possession of the land, free from all encumbrances, and that they will execute such further assurance of the said land as may be requisite. The said grantors covenant and agree for themselves, their heirs, and assigns and successors, that the considerations hereinabove mentioned and paid to them shall be in lieu of any and all claims to compensation and damages by reason of the location, construction and maintenance of said road; including ouch drainage facilities as may be necessary. WITNESS the following signatures and seals; SEAL) //ltn��in YlV r ip >`1 &L AX (SEAL) ,9y'/ 4 (SFaL) SEAL) L. (SEAL) (SEAL) I t (S EAL) (SEAL) i (SEAL) ..a. MEAL) (SEAL) L) (SEAL) ,i t 1 Ji (SEAL) (SEAL) a (SEAL) (SEAL) A (SEAL) (SEAL) a./ i,AI•IA .:.I. I .L) (SEAL 4 tL66 I t 'm/ii .t. (5 aJ L fL�//.. FAL) �7 /fi firm (5:. l_. 1 S (SEAL) .T-PT A .Yla, 4,,t) (SEAL) (SEAL) ,g,_ ....k, X 4 ...Y./, (SEAL) (SEAL) 14 -�i II _d 1 y BOON 330 PACE 301 RW 201'(Page 7) STATE OF VIR 1Wederick County of To -wit: R. C. Ring a Notary Public in and for the State of Virginia at large, do certify that H. C. Pane., Juanita Stotler Coates Elizabeth J. Sargent James M. Shockley Lucie M. Shockley Cathern J. Strosnider Holmes P. Strosnider George H. Sparks Chloe J. Sparks Mrs. Mary Trenary Emma E. Trenary Richard D. Trenary, Sr. Vesta H. Trenary Homer W. Golliday Florins D. Sparks Frank. L. `.marks Mrs. Anna J. Sharks Dodson Roy S. Dodson Acrey Nicholson Effie N. Nicholson BOOK 330 eau 302 whose names are signed to the foregoing and annexed writing, bearing date on the 16 day of April 19 65 have this day acknowledged the same before me 1n the County aforesaid. Given under my hand this 16 day of April 19 65 Id Commission expires July 27, 1966 10 fewr4 L Charles W. Coates Charles B. Thweatt, Jr. Oneda E. Thweatt Maud A. Stotler E. R. Stotler Mrs. Cathleen S. Duffey Joseph F. Bayliss, Jr. Stella S. Bayliss E. C. Rrumhaek Lois Lee Lewis Not VIRGINIA q fg ED f ERIGRc COUNTY, SGT. SI TM Y.'./L. r g was produced so me on *e the dvf of and n !I m 1 °°ff�E know..,rem nqy hpraw a. ened was adminad '.r n I.)� .1(1 SA AA (1 O& 96,