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Home My WebLink About03-17 Deed040017164 0 M C-) THIS DEED IN DISTRIBUTION made and dated this 24' day of August, 2004, by and between RMILERF'€ R D. LLC, a Virginia limited liability company, party of the first part, hereinafter called the Grantor, and C. ROBERT SOL.ENBERP-ER,JOAN B. SCHROTH and JOHN S. SCULL,'. IV, parties of the second part, hereinafter called the Grantees. WHEREAS, Rutherford Farm, LLC is a Virginia limited liability company, and the sole members of said limited liability company are: C. Robert Solenberger, John B. Schroth and John S. Scully, IV, WHEREAS, it is the desire of the members to distribute the following real estate to each of the members in their percentage interest of the limited liability company. NOW,THEREFORE, inconsideration of the mutual benefits to be derived therefrom, the Grantor does hereby grant and convey with Special Warranty of Title unto C. Robert Solenberger an undivided one-third (1/3) interest, unto John B. Schroth an undivided one-third (1/3) interest and unto John S. Scully, IV an undivided one-third (1/3) interest in the following real estate: All that certain real estate lying and being situate in Stonewall Magisterial District, Frederick County, Virginia and more particularly on Schedules A-1, A-2, A-3 and A-4 attached hereto and by this reference made a part hereof as if set out in full. RUTHERFORD, LLC By:%•"/ C. Robert Solenberger, Member/Manager By: /Z 2 - ��'�--- J hn B. Schroth, Member/Manager-_ By: \ f r Jo;_S�Iulb ,IV, Member/Manager Page 1 of 2 CD Cot STATE OF VIRGINIA CITY OF WINCHESTER, TONT: Y I, 4 , a Notary Public in and for the State and jurisdicticWaforcsok do here certify that C. Robert Solenberger, John B. Sebroth , Jobn S. Scully, IV, personally appeared before me this day and acknowledged the foregoing irstrument, all in their capacity as its Members/Managers in and in the name and for and on behalf of Rutherford, LLC, a Virginia Limited Liability Company, organized under the laws of the State of Virginia Witness my hand and official seal, this the day of 12004 My Commission expires: NOT Y PU IC I 1 aetnwMfwe , A `LEED n L) v*ml ..pd Page 2 of 2 E•Y��1 TRACT ONE: All that certain tract of land containing 23 acres, more or less, in Stonewall Magisterial Di.ste;0, Frederick County, Virginia and being all the remainder tract of l= ? conveyed to Ray H. Duncan and Fmma Duncan, his wife, as tenants by the entirety with common law right of survivorship from William B. Casilear, et ux. dated February 1, 1945 of record in the Office of the Clerk of the Circuit Court of Frederick County, Virginia, in Deed Book 191 at Page 278. Ray H. Duncan died July 9, 1973 survived by Emma Duncan. Tax Map No. 43-A-111 TRACT TWO: All of those contiguous tracts of land lying and being situate in Stonewall Magisterial District of Frederick County Virginia, originally containing 124.8 acres and 17.8 acres, according to the survey of Walker Me C. Bond, C.E. dated May 1952 of record in the aforesaid Clerk's Office in Deed Book 224 at Page 292, Less And Exxcentine certain conveyance therefrom, leaving a balance of 115.30 acres, more or less, according to the Tax Books of Frederick County and being the remainder land conveyed to Ray H Duncan and Emma Duncan, his wife, as tenants by the entirety with common law right of survivorship, by Deed dated June 7, 1952 from Camilla R. Bardshar, widow et a1, ofrecord in the aforesaid Clerk's Office in Deed Book 224 at Page 292. Ray H. Duncan Deed as aforesaid. Tax Map No. 43-A-99 TRACT THREE. All that certain tract of land in Stonewall Magisterial District of Frederick County, Virginia, bounded on the Western side by I-81 for a distance of approximately 760 feet, on the South side by land formerly Burton Hoover for a distance of approximately 536 feet, on the Eastern side by the lands of Ray H. Duncan, et ur., for approximately 350 feet, and on the Northern side by the lands of Ray H. Duncan, et al. , for approximately 612 feet, said lot or parcel of land containing approximately 5'!a acres, more or less; AND BEING the same property conveyed to Ray H. Duncan and Emma Duncan, jointly with remainder to the survivor by Deed dated October t,1963 from J.S. Hoover, widower of record in the aforesaid Clerk's Office in Deed Book 293 at Page 359. Ray H. Duncan died as aforesaid. Tax Map No. 43-A-% Page 1 of 2 0 CD C7 C.1-1 TRACT FOUR: All that certain tract of land in Stonewall Magisterial District, Frederick County, Virginia, containing 2.66 acres , more or less, and described in the Deed hereinafter mentioned; AND BEING the same property conveyed to Ray H. Duncan and Emma Duncan, jointly with the remainder to the survivor by Deed daied November 15, 1963 from A. N. Hampton, divorced, of record in the aforesaid Clerk's Office in Deed Book 294 at Page 656. Ray H, Duncan died as aforesaid. Tax Map No. 43-A-98 Emma S. Duncan (being one and the same as Emma Duncan) died testate on July 26, 1996 and by her Last will and Testament dated June 9, 1983, probated August 2, 1996, devised her property in equal shares, to her children, Richard Ray Duncan and Janet D. Riddick. AND BEING the same real estate conveyed to Rutherford, LLC by deed dated July 10, 2002 from Richard R. Duncan and Janet D. Riddick, of record in the Clerk's Office of the Circuit Court offrederick County as Instrument No. 020011418, LESS AND EXCFPTING that portion conveyed to Virginia Apple Storage, Inc. by deed dated June 16, 2004 from Rutherford, LLC, of record in the aforesaid Clerk's Office as Instrument No. 040011262_ I �9Y4Auihofad'.A 5<naWk A-1 Apd Page 2 of 2 CD SCHEDULE All that certain lot or parcel of land, together with all rights, rights-of-way and appurtenances thereunto belonging to, lying and being situate on the Martinsburg Pike, U.S. Route 11, about two (2) miles Northeast of the City of Winchester, in Stonewall Magisterial District, Frederick County, Virginia, containing 1.310 acnes, more or less, and more particularly described by plat and survey of Lee A. Ebert, C.L.S., dated April 11, 1983 of record in the Office of the Clerk of the Circuit Court of Frederick County, Virginia, in Deed Hook 563 at Pages 340 and 341 and by this reference made a part hereof as if set out in full; AND BEING the same land conveyed to Rutherford, LLC by deed dated July 10, 2002 from Richard R. Duncan, of record in the Office ofthe Clerk ofthe Circuit Court of Frederick County, Virginia as Instrument No. 020011419. Tax Map No. 43-A-100 1II%R.R ,I rd 5 A Sch,E..k A-? wpd CD M U1 CZ) SCHEDULE A-3 All that certain lot or parcel of land, together with the improvements thereon, located about three (3) miles North of the City of Winchester, in the County of Frederick, Virginia, along Welitown Pike, containing 8.92600 acres, more or less, as more fully set forth on that certain plat and survey prepared by David M. Furstenau, L.S., dated the 13' day of March, 2001 attached to the Deed dated August 7, 2001 and recorded as Instrument No. 01-0010398 in the Office of the Clerk of the Circuit Court of Frederick County, Virginia; AND BEING, the same property conveyed to Rutherford, LLC, a Virginia limited liability company, by Deed from Turner Enterprises, L.L.C., a Virginia limited liability company, July 10, 2002, of record in the aforesaid Clerk's Office as Instrument No. 020011420. Tax Map No. 43-A-97 114UR.*"fL ,d %A ISck l k A.1 wpd a G -i C,�1 KHEDULF A-4 All of that certain tract or parcel of land ling and 'being situate in Stonewall Magisterial District, Frederick County, Virginia, along the Western boundary of U.S. Route 1 i (Martinsburg Pike) containing 32,064 square feet, more or less, as shown by survey drawn by Richard U. Good, Certified Land Surveyor, dated November 13, 1964, of record in the Clerk's Office of the Circuit Court of Frederick County, Virginia, in Deed Book 307 at Page 496; AND BEING the same land conveyed to Rutherford, LLC, by Deed dated October 6, 2003 from Mary M. Taylor, widow, of record in the aforesaid Clerk's Office as instrument No. 030023107. Tax Map No. 43-A-101 vIRGItiIA: FREDERICK COUNTY, SC -r. This instrument of uritiu.g Ww produced to�meDon and wdfh c w:,atc of cknrnkledeemcatt there o :titnex :d was adm,aled q, rccrrd. T impkI.,z;d by See. in. L rr1,, of $ ! and 59.1-901 have hien paid, if :uuss,blc 44r— - Clerk