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HomeMy WebLinkAbout16-16 Deed-A 00A Q tp 04';02A 0 33 THIS DEED, made this ot`fT11 day of 5c 2004, by and between Mildred S. Neff, widowed, Susan K. Newton, unmarried, and Charles Edward Newton, III, married, Grantors, parties of the first part, and Charles Edward Newton, III and Carolyn G. Newton, husband and wife, Grantees, parties of the second part. WITNESSETH: That, for and Inconsideration of the sum of Ten ($10.00) Dollars, receipt ofwhich is hereby acknowledged, Susan K. Newton, unmarried, Mildred S. Neff, widowed, and Charles Edward Newton, III, married, Grantors, parties the first part, do hereby grant and convey to the parties ofthe second part, Charles Edward Newton, III, and Carolyn G. Newton, husband and wife, as tenants by the entrretywith the common law right of survivorship, with Special Warranty of Title, all oftheir right, title and interest in those nine certain lots or parcels of land situate, lying, and being in Frederick County, Virginia, more particularly described as follows: Lots 31, 32. 35 ,39 , 40 and 41 Lone Oak subdivision, Block A Section 4 and further identified as Tax Map #'s 86B -4-A-31, 32, 35, 39,40 and 41; and Lots 1, 30 and 31, Lone Oak subdivision, Block B Section 4 and further identified as Tax Map #'s 86B4 -B-1, 30 and 31. Each lot wtiveyedhercia is more particularly described on that Plat recorded in Deed Book 376, at Page 678 among the land records of Frederick County, Virginia, EACH LOT BEING a portion of the same property that Arthur J. Webster and Virginia C. Webster, husband and wife, acquired by Deed dated 20 April 1962 and recorded among the land records ofFrederick County, Virginia in Deed Book 278, at Page 196. Arthur.}. Webster died intestate January 11, 1977 leaving only Elmo Ray Neff(a/ltla E. R. Neff) and GeorginaN. Newton, his half brother and halfsister, as his heirs at law, as shown on the List ofHeirs recorded in Will Book 76 at Page 624 among the land records of Frederick County, Virginia. E. R. Neffdied testate October 11, 2002 and left his interest in this property to his wife, Mildred S. Neff, per his will found in Will File 02-216 of the Circuit Court of Frederick County, Virginia. GeorgianaN. Newton died testate August 29, 2000 leaving her interest in the property to her children, Susan K. Newton and Charles Edward Newton III, as evidenced byherwill recorded in Will Book 127 at Page 1449 among the land records ofL oudoun County, Virginia- This irginia This conveyance is made expressly subject to any and all easements, conditions, restrictions and C) GI) agreements of record insofar as they :may be lawfully applicable to the property hereby conveyed - The saidparties ofthe first partwarrantspeciall_ythat have the right to conveythe said landto said Grantees; that the Grantees shall have quiet possession ofthe said land, free from all encumbrances, except as hereinabove set forth; and that the said parties of the first part will execute such further assurances of the ownership of said land as may be requisite. WITTNESU the fvxlo ing sigi"A�ia}',ire i and Seals: jxQuL'iA(SEAL) Charles Edward Newton III (SEAL} Susan K. Newton Mildred S. Neff Da STATE OF VIRGINIA �, t" COUNTY OF ilk 46k^ -to -wit: The foregoing deed was acknowledged before me this 6-V day of 1t' 2004 by Susan K. Newton Notary Public My Commission Expires: C% STATE OF VIRGINIA. COUNTY OF LA-L"L- to -wit: The foregoing deed was acknowledged before me this acday of 2004 by Charles Edward Newton, III. Notary Public '.. My Commission Expires: d f3 a120, G t ; D Q c.n STA.TF• OF'VIRCTINMA COUNTY OF o -wit: The foregoing deed was acknowledged before me this day o i yam, 2004 by Mildred S. Neff Notary Public ,moi ►t % f s My Commission Expires: VIRGINIA: FREDERICK COUNTY, SC% Ibis instrument of wnting was produced too rase on 0? and with ceruheate of ackrrowledgernem thereto annexed was admitteddto r rd. I' imposed by Sec. 58.1-802 of $ 1 ! 8.1 -$OI have been paid, if assessable 1n/`/U-'� , Clerk LAW OFFICES LARRICK AND WHITE 1 WINCHESTER, VIRGINIA II Fq / c—rt b'&— Vt7A j 1108 LOBE OAK - SECT10214 FOUR � DEM) OF DEDICATION 6G0 375 y'A,CF 678 The attached subdivision to be known as Lone Oak - Section Four, situate approximately two miles northeast of Stephens City, in Opequon Magisterial District, Frederick County, Virginia, and more particularly described on the attached plat and survey, is with the free consent and in accordance with the cesire of the undersigned owners and proprietors; and being a pertion of the realty conveyed to Arthur J. Webster, et ux, by deed of Arthur J. Webster, et ux, dated April 20, 1962, and recorded in the Office of the Clerk of the Circuit Court of Frederick County, Virginia, in Deed Book 278, at Page 196. This subdivision shall be subject to the fc•llowing restrictions, which are constituted covenants real- to run with land: 1. Said lots shall be used for residentia. purposes only; however, this restriction shall not preclude the use of a room or rooms in a dwelling by a hairdresser or seamstress providing there is off-street parking and no outside signs. I ,2. No fence shall be erected on the front of said lots higher than five (5) feet and kept in good repair 3. No horses, ponies, cows, hogs, dog kennels, chicken houses or the like shall be maintained upon said :_ots at any time,i and no occupant of any lot shall keep more than two (2) dogs at any one time. 4. If sewer is not available, then a sewaile disposal system shall be installed in accordance with the _-equirements of ;the Winchester -Frederick County Health Department. 5. No dwelling shall be erected on any of said lots with a floor area of less than 1100 square feet or wits a frontage on i Virginia Drive of less.than 45 feet nor in excess of 55 feet, and all foundations shall be brick to finished grade. BOOK 37G PAGE 679 6. No wrecked or junked cars and trucks or trucks heavier than a pick-up shall be permitted on any of said lots. Any vehicle not in running.order or that has -been unlicensed for more than three (3) months shall for the purposes of this restriction. .be deemed a junked car. 7. No mechanical or repair work on :rotor vehicles shall be performed on any of said lots. - 8. No waste water shall be disposed of on top of the ground. 9. No manufactured house shall be erected on'any of said 11' lots. A manufactured house is one that is built in two or more 1 sections off the premises and assembled on premises. 10. No frame outbuildings shall be erected on any of said lots to cost less than Two Hundred Dollars ($200.00). i I i i I I i I i i 680 11. No trailers P '�mb+]ii"gW4[omkQ0of anj kind shall be erected, stored or maintained on any of said lots at any time. 12. No dwelling shall be erected on ary of said lots withi 15 feet of either of the side property lines. For the purposes o determining the side propertylline.s,•the frontage on Virginia 4 . Drive shall be considered the front property line. 13. No dwelling shall be erected on amy of said lots with exposed cinder block construction above the finished grade level. WITNESS the following signatures and steals this akt�j, day of �a,� 1971. iG%1 (SEAL) Arthur J. Webs er �.CC , ff�; C// (SEAL) J Vi r inia C. Webster I LAW OFFICE5 I� LARRICK AND 19NITE WINCIHSTER. VIRGINIA f I i! t' E' 376 STATE OF VIRGINIA, --OUN! Tt OF FREDERICK, to -Wit: I: r t� 2 %?,.:� C t _, a A3ot_ary Public in and for the State ane County aforesaid, certify that. Arthur j. t7ebster an Vi-ainia C. Webster, his wife, whose names ire signed to 11the foregoing instrument, bearing date on the _ �� day of %d:{tt;,j 19711, ,lave acknowledge.d the same before me in ny State and County aforesaid. I Given under my hand this .:t;`:.J• day of my c;omunission expires ?'7 .J _ t /v � �.3t..il:_ 1111 �i>t,.G�•.C�.L Notary Public n 682 ,t t{ e i 2 t; °y 7 ^.i ..,i f Ti �• 'Ci ir:.t � dY '•� :y C0�lt4TY HG l : ,; r. � rOEaICK LOTS PPRO ED ON .. it O1VtDUAL F,ASIS OtrLY ,F