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HomeMy WebLinkAbout05-16 DeedMichael L. Bryan 9 Court Square 2" Floor Winchester, VA 060022304 THIS DEED OF DEDICATION, made and dated this C�Aay of November, 2006, by and between JASBO. INC., a Virginia Corporation, party of the first part, hereinafter called "Declarant"; and THE COUNTY OF FREDERICK, VIRGINIA, party of the second part. RECITALS A. The Declarant is the owner in fee simple of that certain tract of land containing 27.1899 acres, more or less, lying and being situate in Opequon Magisterial District, Frederick County, Virginia (the "Property"), as more particularly described on that certain plat titled "Final Subdivision Plat Old Dominion Greens Phase I" drawn by Jason G. Bly, L.S., dated August 4, 2006 (the "Subdivision Plat"), a copy of which is attached hereto and incorporated herein by reference as if set out in full. B. The Property is a portion of the real estate previously conveyed to the Declarant by that certain Deed dated March 18, 1976, of record in the Office of the Clerk of the Circuit Court of Frederick County, Virginia (the "Clerk's Office"), in Deed Book 456, at Page 32. Tax Map No. 75-A-117 (Parent Tract) C. The Property has been subdivided into Lots 1 through 68, inclusive, of Old Dominion Greens, Phase I, Outlot "A" and certain streets, as set forth on the attached Subdivision Plat. The attached Subdivision Plat accurately shows the metes and bounds of the subdivided lands, together with the dimensions of each Lot thereof. D. The Subdivision Plat also sets forth the location of building restriction lines, drainage easements, gas pipe line easements, sanitary sewer easements, waterline easements, ingress/egress easement, storm sewer easements, Shenandoah Gas Co. easements, a temporary grading easement, temporary turnaround easement, and other matters, as more fully set forth on the Subdivision Plat. E. The Declarant now desires to subdivide the Property into Iots to be known as Old Dominion Greens, Phase I. The subdivision of the Property, as it appears on the attached Subdivision Plat, is with the free consent and in accordance with the desires of the Michael L. Bryan 9 Court Square 2id Floor Winchester, VA CD c� - Instrument No. 040022470), Tax Map No. 75-A-116 (Jasbo, Inc. - Instrument No. 040022470) and Tax Map No. 86-A-153 (Sparks Property, L.L.C. - Instrument No. 050007167) (which parcels are hereinafter collectively referred to as the "Future Residential Subdivision') for purposes of the installation, construction, re -construction, maintenance, repair and/or removal of a pedestrian and bicycle trail and landscaping in connection with and as part of a residential development to be located upon the aforementioned adjacent Future Residential Subdivision, or any portion thereof, together with rights of ingress/egress over and upon the Trail/Landscaping Easement by residents, family members, guests and/or other invitees of residents of the aforesaid Future Residential Subdivision. The Trail/Landscaping Easement created hereby shall be a permanent, perpetual and appurtenant right of way or easement running with the title to the Common Area for the benefit of the Future Residential Subdivision. Section 3. Additional Easements: Designated upon the Subdivision Plat are the location of building restriction lines, drainage easements, gas pipeline easements, sanitary sewer easements, waterline easements, a temporary grading easement and other matters as more fully set forth on the attached Subdivision Plat, which easements and other matters as set forth thereon are hereby impressed upon and shall run with the title to the Lots and Common Area, as applicable. Section 4. Reservations: (a) The Declarant reserves unto itself, its successors and/or assigns, the right to erect, maintain, operate and replace underground telephone and electrical conduits, related equipment, and other facilities, sewer, gas, water and television lines and related equipment, and other utility equipment (which may be installed above ground) where such utility lines and equipment are located within the utility easements set forth on the Subdivision Plat. (b) The Declarant further reserves unto itself, its successors and/or assigns, for a period of five (5) years from the date of conveyance of the first Lot in Old Dominion Greens Phase I, a blanket easement and right on, over and under the ground within the Subdivision (including, but not limited to, the Lots and the Common Area) to maintain and correct 18 G CD DEED �' THIS DEED, made this 18th day of December, 2015, by and between RICHMOND AMERICAN HOMES OF VIRGINIA, INC., Grantor, and PLEASANT RICH and LAWRENCE RICH, wife and husband, Grantees. WITNESSETH: That for and in consideration of the sum of Ten Dollars ($10.00) cash in hand paid, and other good and valuable consideration, receipt of which is hereby acknowledged, the Grantor does, subject to the matters described herein, hereby grant, bargain, sell and convey, in fee simple, with SPECIAL WARRANTY OF TITLE, unto the Grantees, as tenants by the entirety with common law right of survivorship, all of that certain lot or parcel of land together with improvements thereon, situate, lying and being in the County of Frederick, State of Virginia, and more particularly described as follows:. See Schedule "A" attached hereto AND BEING the same, or a portion of the same, property conveyed to RICHMOND AMERICAN HOMES OF VIRGINIA, INC., a Virginia corporation, by virtue of Deed from OLD DOMINION GREENS, LLC, a Virginia limited liability company,, dated 1/20/15 and recorded 1/27/15 in the Clerk's Office of the Circuit Court of Frederick County, Virginia in Inst. No. 150000680. OLD DOMINION GREENS, LLC, a Virginia limited liability company, by virtue of Deed dated 10/9/1:2 and recordedin Instl No. 120010979 among the land records of Frederick County, Virginia. This conveyance is made expressly subject to the easements, conditions, restrictions, and rights of way of record contained in the instruments forming a chain of title to' this property. Assessed Value is land only. Improvements not assessed by County as of date of recording. Title Insurance Undewriter: FILE NO. CONSIDERATION TAX MAP NO. GRANTEES' ADDRESS $435,170.00 114 PARIS COURT 66101 ASSESSED VALUE 75P 1 132 STEPHENS CITY, VA 22655 $70,000.00 PREPARED BY: Tramonte, Yeonas, Roberts & Martin, PLLC VSB#: 08136 RETURN TO: PREMIER TITLE, INC., 8245 BOONE BLVD., SUITE 410, VIENNA, VA 22182 IN WITNESS WHEREOF, the Grantor has caused this Deed to be executed on its behalf by its duly authorized representative. RICHMOND AMERICAN HOMES OF VIRGINIA, Inc., a Virginia Corporation JACK GALLAGHER, Division President COMMONWEALTH OF VIRGINIA COUNTY OF FAIRFAX, to -wit: The foregoing instrument was acknowledged before me this 30' day of +� �Zw 2015, by JACK GALLAGHER, Division President, on behalf of said corporation. Given under my hand this 3�_/'kday of A �e�. �&M '2015. Commonwealth t3€'+ tOo Sharon M. Matanse - Nate NiAft Commission No, 3507 My Commission Expires 100 017 EXHIBIT A �.n All of that certain lot or parcel of land, together with all improvements thereon and all rights of way and appurtenances thereunto belonging, lying and being situate in Opequon Magisterial District, Frederick County, Virginia and being more particularly described as: Lot 32, on that certain plat titled "Final Subdivision Plat Old Dominion Greens Phase I", drawn by Jason G. Bly, L.S., dated August 4, 2006, which subdivision Plat is attached to and made a part of that certain Deed of Dedication dated November 20, 2006, of record in the Office of the Clerk of the Circuit Court of Frederick County, Virginia as Inst. No. 060022304. VIRGINIA:. FR DERiCK COUNTY.SC-t, This instrument of writing was produced to me on �. - - ©15at ...�;�3 and with certificate acknowledgement thereto annexed was admitted to record. Tax imposed by Sec, 58,1-802 of 3 and 58.1-801 have been Ecoid, if assessabb,, Michael L. Bryan VSB 415737 116 S. Braddock St. Winchester, VA "400005'76 THIS DEED OF GIFT, made and dated this 31st day of December, 2013, by and between OLD DOMINION GREENS LLC, a Virginia limited liability company, party of the first part, hereinafter called the Grantor; and OLD DOMINION GREENS HOMEOWNERS ASSOCIATION, INC a Virginia non -stock corporation, party of the second part, hereinafter called the Grantee. The Grantor desires to convey the described property to the Grantee. There is no consideration for this conveyance, and this conveyance is exempt from the recording tax in accordance with Virginia Code Section 58,1-811. NOW, THEREFORE WITNESSETH: In consideration of the foregoing, the Grantor does hereby grant, bargain, sell and convey, with special warranty of title, unto the Grantee, in fee simple, all of that certain lot or parcel of land, together together with all improvements thereon and all rights, rights of way and appurtenances thereunto belonging, lying and being situate in Opequon Magisterial District, Frederick County, Virginia, constituting the Common Area in Old Dominion Greens, Phase I, containing 3.9501 acres, more or less, and being more particularly described as "Outlot A 3.9501 Acres", as more particularly set forth on that certain plat titled "Final Subdivision PIat, Old Dominion Greens Phase I" dated August 4, 2006, drawn by Jason G. Bly, L.S., which plat is attached to and made a part of that certain Deed of (Dedication dated November 20, 2006, of record in the Clerk's Office of the Circuit of Frederick County, Virginia as Instrument No. 060022304 (the "Phase I Common rea"). Reference is specifically made to Sheet 19 of 19 of the aforesaid plat; and being a portion of the same property previously was conveyed to the Grantor herein by deed dated 18, 1976, and recorded in the aforesaid Clerk's Office in Deed Book 456, at Page 32. e is hereby made to the aforesaid instruments and the references therein for a more particular description of the property conveyed hereby. The veyance of the Phase I Common Area is made subject to the Phase I Common Area hereinafter described. C .{ Michael L. Bryan VSB #15737 116 S. Braddock St. Winchester, VA PHASE I COMMON AREA EASEMENTS: (A) That certain appurtenant perpetual and permanent right of way or easement over a_portion of the Phase I Common Area for water, sewer, telephone cable internet and other utility lines together with the right of access thereto for purposes of installation construction.,, maintenance repair. reconstruction and/or removal of utility lines and anciltm equipment, The Grantee agrees upon request the right to grant utility easements over a portion of the Phase i Common Area to the utility providers for purposes of installation construction maintenance repairreconstruction and/or removal of utili lines and ancillga e ui ment. (B) That certain appurtenant perpetual and permanent right of way or easement over (C) The foregoing easements or rights of way shall benefit the lots or arcels of land This conveyance is made subject to all easements, rights of way (including, but not to, the Phase I Common Area Easements set forth hereinabove) and restrictions of affecting the subject property; provided, however, that the foregoing shall not be I in any way to reinstitute or republish any restrictions of record that may have expired lapsed. The Grantee joins herein to acknowledge the creation of the foregoing easements and ghts of way over a portion of the Phase I Common Area, and further to acknowledge and to its obligation to maintain the Storm Water Maintenance Facilities located upon a n of the Phase I Common Area, as evidenced by its execution of this instrument. This instrument is a Deed of Gift and is not to secure a debt or to indemnify a surety. [Signature appears on following page] C 1 R _....._:.,a.u:�+.ws�urw.�;��•_...�._ w �::�.... �N.sar—tiss�...._.F+�byS�_�� �.r �.v� L '"'•JR1'Ga•. 1 .• ._.._ 5�.� W WITNESS the following signature and seal: OLD DOMINION GREENS, LLC By:o {SEAL) Beverley B Shoemaker, Manager STATE OF VIRGINIA, AT LARGE, CITY/COttffY OF VJ4 n to -wit: The foregoing instrument was acknowledged before me, a Notary Public in and for I } ! the State and Jurisdiction aforesaid, this 31 s " day of ice. Le 201 3 , by Beverley B. Shoemaker, Manager of Old Dominion Greens, LLC, a Virginia limited liability company. My commission expires THIS INSTRUMENT PREPARED BY: Michael L, Bryan, Esquire VSB #15737 Bryan & Coleman, P.L.C. 116 South Braddock Street Winchester, Virginia 22601 MLs/smb Deedsl0ld Dominion Greens to Old Dominion Greens Homeowners Association 12/26/13 Michael L. Bryan VSB #15737 �! 116 S. Braddock St. Winchester, VA No j r NOTARY PUBLIC ", Michael L. Bryan VSB #15737 116 S. Braddock St. Winchester, VA WITNESS the following signature and seal: OLD DOMINION GREENS HOMEOWNERS ASSO%AXION, INC.�"SEAL) By: /t/Y Mark H. Shull, President STATE OF VIRGINIA, AT LARGE, CITY OF WINCHESTER, to -wit: The foregoing instrument was acknowledged before me, a Notary Public in and for the State and Jurisdiction aforesaid, this d 7 '"day of 3 0. u_o.r , 2014, by Mark H. Shull, President of Old Dominion Greens Homeowners AssociatioXInc., a Virginia corporation. My commission expires 31 1 �+.+` M; NF�;'•.,� NOTARY >a�l6LlC ` RE0. 136449 * ;y�p�4MISS1013 • - Ll y �4011010«►t��� v n -WI lA: Ek_—'DERICK COUNTY.SCI. Fhis instrument of writing was produced to me on ()1-25- 1 LI at W33 33 4- AA . and with certificate acknowledgement thereto annexed was admitted to record. Tax imposed by Sec. 58.1.-802 of S E Pmt, and 58.1-801 have been paid, if assessable 46,64 /1,---, Clerk 0