HomeMy WebLinkAbout16-00 DeedQK855PC 171 1
THIS DEED OF CONFIRMATION OF RIGHT OF WAY, made and dated
this 21st day of March, 1996, by and be:w: ca JAMES e. SMELSER and ERMA
SMELSER, his wife. hereafter called Grantors, and SAUNDRA L. MARTIN, Individua!ly and
as Executor of the Estate of Francis M. Bayliss hereinafter called Grantee.
WHEREAS, for over twenty (20) years, a right of way has existed for egress
and ingress from Route 671 over the land of grantors for the benefit of the 105.379 acre tract
owned by the estate of Francis M. Bayliss and described by plai and survey of Thomas A.
Shockey of record in the Office of the Clerk of the Circuit Court of Frederick County, Virginia
in Deed 835 at Page 546.
WHEREAS, the parties wish to confirm in writing the existence of said right of
way:
NOW, THEREFORE, the Grantors do hereby grant and convey and confirm
a perpetual right of way for egress and ingress to the Grantee, her successors -in -interest and
assigns, over the tarsi of the grantors beginning at Route 671 and extending over the road leading
therefrom now designated Evening Lane to the land of Saundra L. Martin. Said existing right
of way hereby confirmed and conveyed has a width of the existing road designated Evening
Lane. Said right of way to be used in common by the grantors, their successors in interest and
assigns, and the grantee, her successors in interest and assigns, whether as executor of the
Francis M. Bayliss estate or individually.
s�
II
; I
�I
ISI
. ii
BK�55PG 17 12
W!TIYESS the following signature and sei•I:
/,��21HS
(SEAL)
. SME SER
jk,,.,.0„ . , (SEAL)
ERMA SMELSER
�l _(SEAL)
SAUNDRA L. MARTIN, Executor o the Estate
of Francis M. Bayliss, and Individually
STATE OF VIRGINIA:
CITY/COUNTY OF W 00Ae.5•#cr TO -WIT:
I, J A, ("'1i r ke ky a r4otary Public in and for the State and
jurisdiction aforesaid, do hereby certify that-JAMESSMELSER and ERMA SMELSER,
his wik whose names are signed to the foregoing Deed of Confirmation of Right of Way, dated
March 21, 1996, has personally appeared before •re and acknowledged the same in my State and
jurisdiction aforesaid.
Given under my hand this J r!!� day of 1996
My Commission expires_rQla 615Y
�PUBLIC "B
u_
tif,i
A No, ray
1111WII•-OF-WAY AG.iEENIENT I.ir
r, I I ) 3 4
I/wo, jAMFS F Sly l SFR AND ERNIA G St+1f l !&1 .
the undersigned Grantors, in consideration of One Dollar ($I.(X)) and other valuable conNideralion, receipt of which is
hereby actmowledged, grant unto THE POTOMAC EDISON COMP ANV, On succes7N)rx and asxigns, (the 'Company') a
right-of-way FORTY feet ( 40 ') wide fur tire. purixwe of constructing, recrmxlru:ling,
iripocting; operating and maintaining an overhead and/or underground electric and communication system including all
nocesaary poles, anchors, wires, trenches, conduits, c9bles and other facilities under, over and upon the property which 1/we
1/we own or in which I/we have any interest, situated in rxAINFSROIt0 District of FRFDFRICIC
County, State of _ VIRGINIA , acquired by me/us from �---YJ$Cr1F SMFFSFR
by deed dated the 12'TH —day of 11INF —, 1919_ -of of record in _ Wil -1. hook No. _ 79
Page Ylls of the lazxl records of FREDERICK County, Stale of VIRMIA
together with right of ingress to and egress from said right-of-way at all rimes over the Jandu of Grantors; said system to be
located as indicated on Company's Drawing No. WRIM226 , which is incorporated herein by reference
and is either attached hereto or filed in Company office, said right-of-wcy being more particularly descritw,d av follows:
ON I AND OFJAMFS F. SMFI SFR AND FRMA C; SMFI SER ON THE. WEST SIDF OF riRFFN SPRING
ROAD NORTH OF ORFFN SPRING RFGINNINO AT FXISTINO POLE N439111 AND FXTFNDING IN A
NORTHERLY DIRFCI'ION ALONG THE RAST SME OF GRAN'1.0115 LAND A DISTANCE OF 499 FEETTO
THE 71 CKFRMAN I -AND. THIS I WE MAY RF EXTENDED FOR FUTURE REQUIREMENTS OF
f,RA NTOR _
_ and to permit the installation of wires, cable, conduit or other facilities of any Company or persons. The Company shall
have the right to install, maintain, operate and replace its underground and overhead facilities without responsibility for any
damage caused thereby to trees, shrubs, flowers or any other obstruction grown, cocstructed or placed on said tight -of -way
and shall at all times have the right to clear and keep clear the right-of-way and to control, cut down, trim and remove trees,
limbs and brush under and alongside of said facilities sufficiently for the safe and proper operation and maintenance thereof;
said sum being in full payment therefor. No structures, except usual fences, may be placed on the right -0f --way.
The Company will relocatt: ovediead poles when necessary to conform to future building operations of the undersigned and
wO repair all ruts and pay for all damages to fences, crops, and livestock caused by the operation, maintenance, rebuilding
and removal of said line, if notice in writing is given within thirty days after such damages are suffered, otherwise it is
understood that such damages are waived.
Witness the following signatures and seals this day of in the year
GRANTORS:
(SEAL) (SEAL)
tl 1 LW (SEAL) (SEAL)
(SEAL) (SEAL)
(SEAL) (SEAL)
ERMA O. 316(12sE1t -
State of f� ery County of nP to -wit:
I hereby certify that on Chia ? _3 day of _ t a A.D.., 19 `r6 before me
Notary Public ifnl fur State apd County aforesaid, personally appeared
known to me to be Jho persoo(s) whose to e(aj i /are geed to the written instrument hereto annexed, bearing date the
_ ,; 3 iL` _ day of r , 19 ?e , and acknowledged before m; in my said
County that be/she/they executed the u.... for the purposes therein curtained, and that the actual cou.;ideration paid,
including amounts assumed by dre Grantee. is in the syn total of —0 --
Given
o --
Given under my hand and seal this 3_ day of , 19�
My Commission Expires air i /, l 9 9 'j a✓�
MO f ARY MBLIQ
FORM 13-059 REV. 6 (FRONT)
VIRGINIA: FREM CK COUNTY, SCE
Th19dnstrumen 1 wrlttn was roduc to a the
2daya.� �r ,�a3,at : I�C/1t.
and with certificate of acknowledgment thereto annexed
was Mad 10 record. Tax Imposed by Sec. 18.1.802 of
i ,and 68.1.601 have been paid, 1111411 atabla
�.�'�'✓ Clark I .j