HomeMy WebLinkAbout05-18 DeedTHIS AMENDED DEED OF DEDICATION, made and dated this /3"Nay of
&2V6Vz 2017, by and between RINKER PROPERTIES, LC, a Virginia limited
liability company, party of the first part ("Grantor"), and NED M. CLELAND and BETTY
F. CLELAND, husband and wife, party of the second part (index as "Grantor"), and
COUNTY OF FREDERICK, VIRGINIA, party of the third part ("Grantee").
WHEREAS, Rinker Properties, LC by Deed of Dedication dated November 8,
2005, of record in the Clerk's Office of the Circuit Court of Frederick County, Virginia, as
Instrument 050026850, established certain covenants, conditions, reservations and
restrictions for APPLE BANKS SOUTH, located in Back Creek Magisterial District,
Frederick County, Virginia, and more particularly described by plat prepared by Gary R.
Oates, L.S., and dated February 27, 2004, entitled "A Rural Preservation Subdivision to be
Known as Apple Banks South a Portion of the Lands of Rinker Properties, LC", and
WHEREAS, Ned M. Cleland and Betty F. Cleland own Lot 9, containing 2.130
acres as further described by the aforesaid Plat;
WHEREAS, Rinker Properties, LC, owns Lots I though 8 and 10 and 11 of
Apple Banks South.
NOW, THEREFORE, WITNESSETH: That for and in consideration of the
premises and other valuable consideration, the receipt whereof is hereby acknowledged, the
parties hereto agree to amend the covenants, conditions, reservations and restrictions for
APPLE BANKS SOUTH as follows:
1. Paragraphs 16 and 21 of the Deed of Dedication contain a prohibition of rights
of way across any lot of Apple Banks South, including rights of way to provide vehicular
access to Nittany South Way or Abigail Way from properties outside the dedicated lots of
Apple Banks South, but with this amendment, those paragraphs are hereby made subject
the following exception:
Notwithstanding any restrictions contained herein, a 50' ingress -egress easement
for vehicular use centered on the line of division between lots 4 and 5 and extending from
Abigail Way to the adjoining parcel 73-(A)-104 shall be permitted for the benefit of tax
parcels 73-(A)-103, 73-(A)-1O3A and the existing dwelling on tax parcel 73-(A)-104.
GREGORY F.
HUTCHINSON
ATTORNEY AT LAW
124 S. ORAOOOCK ST.
WINCHESTER,V 22601
2. That until VDOT accepts Abigail Way and Nittany South Way for state
maintenance, the owner of Lot 6 shall provide snow plowing on said roads and shall be
responsible for the repair of any damage done to Abigail Way or Nittany South Way
resulting from its snow plowing operations.
DEED OF DEDICATION: That for and in consideration of the premises and
other valuable consideration, the receipt whereof is hereby acknowledged, Rinker
Properties, LC, does hereby dedicate a 50' access easement over a portion of Lots 4 and 5,
as shown as the cross hatched area between Abigail Way and the boundary with Parcel 73-
(A)-104 on the attached plat dated September 20, 2017, prepared by Gary R. Oates, L.S.,
entitled "Final Plat for a 50' Access easement on Lots 4 & 5 of Apple Banks South" for the
benefit of tax parcels 73-(A)-103, 73 -(A) -103A and for the existing dwelling on tax parcel
73-(A)-104.
WITNESS the following signatures and seals:
RINKER PROPERTIES, LC
y: (SEAL)
DLEY H. RINKER, MANAGER
STATE OF VIRGINIA
CITY OF WINCHESTER, To -wit:
The foregoing instrument was acknowledged before me this L39 day of
1O(�tZ 2017, by DUDLEY H. RINKER, who is the Manager of RINKER
PROPERTIES, LC.
My Commission expires
Zge,ic�i
:Q •.,
Notary Public
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OREOORYF.
MUTCMINSON
ATTORNEYATL W
124 S. BRADOOCK ST.
WINCHESTER, VA22B01
GREGORY F.
HUTCHINSON
ATTORNEY AT LAW
124 S. BRAOOOCK ST.
WINCHESTER, VA 22609
(SEAL)
NED M. CLELAND
(SEAL)
BETTY F. CLELAND
STATE OF VIRGINIA
CITY OF WINCHESTER, To -wit:
The foregoing instrument was acknowledged before me this day of
, 2017, by NED M. CLELAND and BETTY F. CLELAND.
My Commission expires
3
Notary Public
73-((14))-(1)-4
LOT 4
RINKER PROPERTIES, LC
#050026850
4.327 AC.
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HATCHED AREA DENOTES A 50'A CCESS
EASEMENT OVER LOTS 4 & 5 FOR THE BENEFIT
OF TAX PARCELS 73-(A)-103, 73 -(A) -103A, AND
ONLY TRAFFIC TO AND FROM THE EXISTING
DWELLING ON 73-(A)-104. THE ENTRANCE ONTO
p ABIGAIL WAY MUST BE BUILT TO VDOT
STANDARDS. THE EXISTING ENTRANCE ONTO
MARLBORO ROAD - ROUTE 631 MUST BE
PERMANENTLY REMOVED ASA CONDITION OF
GRANTING THIS EASEMENT.
EX. DWELLING
o �
o�
N
ABIGAIL WAY p p 73-(A)-104
4, WINCHESTER
WAREHOUSING, INC.
O #060009539
ZONED: RA
p USE., ORCHARD
AREA: 1104 AC.
1
1
73-((14))-(1)-5
LOT 5
RINKER PROPERTIES, LC
#050026850 73-(A)-103
2.170 AC. PARCEL C
(30' WIDE STRIP)
JAMES Q. HVEY, ET UX
DB 3561 PG 374
ZONED: RA
USE: DRIVEWAY
J AREA: 11.6 AC.
.501 o' 501
GRAPHIC SCALE
FINAL PLAT FOR
A 50' ACCESS EASEMENT
p,LTH op
ON LOTS 4 & 5 OF
A PPL E BANKS SOUTH
RINKER PROPERTIES, LC
R R. OATES
BACK CREEK MAGISTERIAL DISTRICT, FREDERICK COUNTY, VIRGINIA
LiC. o. 1518-B
1073 Redbud Road
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�� GreyWolfe, Inc. Winchester, VA 22603
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i i Land Surveying and Consulting GreyWolfelnc@aol.com
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540-667-2001 OFC
540-545-4001 FAX
1 --FILE NO: 0089
IDATE: SEPTEMBER 20, 2017 SCALE: 1'.'= 50' SHEET 1 OF 1