HomeMy WebLinkAbout05-15 DeedMLB/t
4/12/90
6495-F
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BK750�G0717
THIS DEED OF EXCHANGE, made and dated this 12th day of
April, 1990, by and between FLOYD I. BAKER, JR. and DONNA V.
BAKER, his wife, parties of the first part, and GREGORY A.
CVDZI and MARY E. cupZZIi, his wife, parties of the second
part.
WHEREAS, the parties of the first part are vested with
fee simple title in and to that certain lot or parcel of land,
lying and being situate on the Northeastern side of Senseny
Road, in Shawnee Magisterial District, Frederick County,
Virginia, designated as Lot 4, Braithwaite Subdivision, as
shown on the original Subdivision plat thereof, drawn by
Walker Mc. C. Bond, C.E., dated November 2, 1940, of record in
the Clerk's Office of the Circuit Court of Frederick County,
Virginia, in Deed Book 181, at Page 377, and being the same
property previously conveyed to the parties of the first part
by Deed dated May 31, 1974, of record in the Clerk's Office of
the Circuit Court of Frederick County, Virginia, in Deed Book
430,at Page 238; and
WHEREAS, the parties of the second part are vested with
fee simple title in and to that certain lot or parcel of land,
lying and being situate on the Northeastern side of Senseny
Road, in Shawnee Magisterial District, Frederick County,
Virginia, designated as Lot 5, Braithwaite Subdivision, as
shown on the original Subdivision plat thereof, drawn by
Walker Mc. C. Bond, C.E., dated November 2, 1940, of record in
the Clerk's office of the Circuit Court of Frederick County,
Virginia, in Deed Book 181, at Page 377; and further, being
more particularly described by that certain plat and survey
drawn by Thomas A. Shockpy; L.S., dated September 11, 1978, of
record in the Clerk's office of the Circuit court of Frederick
County, Virginia, in Deed Book 498, at Page 258, et seg.; and
being the same property previously conveyed to the peirties of
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the second part, by that certain Deed dated January 16, 1989,
which Deed is of record in the Clerk's Office of the Circuit
Court of Frederick County, Virginia, in Deed Book 703, at Page
854; and
WHEREAS, the parties hereto have agreed to adjust the
common boundary line between said Lot 4 and Lot 5 of
Braithwaite Subdivision and in connection therewith, to convey
each ur to the other parcels of land each containing 7,498
s,m3are feet, which parcels of land to be exchanged hereunder
are more particularly described on that certain plat and
survey entitled "Boundary Line Adjustment: Lot 4 & Lot 5,
Braithwaite Subdivision," drawn by L. Allen Ebert, L.S., dated
February 27, 1990+ attached hereto and incorporated herein by
reference as if set out in full.
WITNESSETH: That for and in -r Of
the
sI
m of
Ten Dollars ($10.00), cash in hand paid by each of the parties
hereto unto the other, receipt of which is hereby
acknowledged, and other consideration deemed adequate at law,
and further, in consideration of the exchange of parcels of
land as set forth hereinafter, tiie parties of the first part
do hereby grant and convey, unto the parties of the second
part, in fee simple absolute, with general warranty of title,
as tenants by the entirety; all of that certain triangular
parcel of land, lying and being situate in Shawnee Magisterii=
District, Frederick County, Virginia, containing 7,498 square
feet., described as 117,498 sq. ft. Portion, Lot 4,1+ as more
fully set forth on that certain plat and survey entitled
"Boundary Line Adjustment: Lot 4 A Lot 5, Braithwaite
Subdivision," drawn by L. Allen Ebert, L.S., dated February
27, 1990, a copy of which is attached hereto and incorporated
herein by reference as if set out in full; and being a portion
2
8K75U�GO71 U
of Lot 4, Braithwaite Subdivision, previously conveyed to the
parties of the first part by Deed dated May 31, 1974, of
record in the Clerk's office of the Circuit Court of Frederick
county, in Deed Book 430, at Page 238_ Reference is hereby
made to the aforesaid instruments and references contained
therein for a more particular description of the property
conveyed hereby.
FURTHER, WITNESSETH: That for and in consideration as
aforesaid, the parties of the second part do hereby grant and
convey unto the parties of the first part, in fee simple
absolute, with general warranty of title, as tenants by the
entirety, all of that certain triangular parcel of land, lying
ai,d `ueing situate in Shawnee Magisterial District, Frederick
county, Virginia, fronting on Senseny Road, designated as
117,498 sq. ft. Portion, Lot 5," as more fully set forth on
that certaip plat and survey entitled "Boundary Line
Adjustment: Lot 4 & Lot 5, Braithwaite Subdivision, drawn by
L. Allen Ebert; L.S., dated February 27, 1990, a copy of which
is attached hereto and incorporated herein by reference as if
set out in full; and being a portion of Lot 5, Braithwaite
Subdivision, previously conveyed unto the parties of the first
part by that certain Deed dated January 16, 1989, of record in
the Clerk's Office of the Circuit Court of Frederick County,
Virginia, in Deed Book 703, at Page 854. reference is hereby
made to the aforesaid instruments and references contained
therein for a more particular description of the property
conveyed hereby.
These conveyances are made subject to all easements,
rights of way and restrictions of record affecting the subject
properties.
For and in consideration as aforesaid, the parties of the
3
BK7501G0720
first part do hereby covenant and agree that the 7,498 square
foot triangular parcel of land acquired hereunder shall be
merged into and henceforth shall be a portion of that certain
lot or parcel of band designated as Lot 4-A, Braithwaite
Subdivision, containing 67,411 square feet, as more fully set
forth on the attached plat and survey drawn by L. Allen Ebert,
L.S., dated February 27, 1990.
For and in consideration as aforesaid, the parties of the
second Dart do hereby covenant and agree that the 7,498 square
foot triangular parcel of land acquired hereunder shall be
merged into and henceforth shall be a portion of that certain
lot or parcel of land designated as Lot 5-A, Braithwaite
Subdivision, containing 67,648 square feet; as more fully set
forth on the attached plat and survey drawn by L. Allen Ebert,
L.S., dated February 27, 1990.
Phis boundary line adjustment and the conveyances
incident thereto are made with the consent and approval of the
county of Frederick, Virginia, as evidenced by the execution
of the attached plat of L. Allen Ebert, L.S., dated February
27, 1990, entitled "Boundary Line Adjustment: Lot 4 & Lot 5,
Braithwaite Subdivision."
in their capacity as Grantors hereunder, the said parties
hereto do hereby covenant that they have the right to convey
the lots or parcels of land conveyed hereinabove; that the
Grantees of said lots or parcels of land shall have quiet and
peaceable possession of said property, free from all liens and
encumbrances; and that as Grantors hereunder, the said parties
will grant such further assurances of title as may be
requisite.
4
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OK7So�G0721
WITNESS the folling signatures and seals:
—, (SEAL)
FYD�K`.�
(SEAL)
(SEAL)
(SEAL)
- I _
^r.,�r•.n
S T/� OF VIRGIN7t, At -
of , to -wit:
The foregoing instrument was acknowledged before me on
a day of June, 1990, by FLOYD 1. BAKER, JR., whose
is signed to the foregoing Deed of Exchange dated April
V"'990.
My conMti-SOM Expires June 30,1993
+iy Commission expires: /f
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„• The foregoing instrument was acknowledged before me on
e � day of June, 1990, by DONNA J. BAKER, chose ^ame is
"'ned to the foregoing Deed of Exchange dated April 1z, 1990.
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pies Jans 30, 9993,My Commission expires:BL C(
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4p �V ST T$ OF VIRGIN , At -Largs,
of / , to -wit:
l The oregoing instrument was acknowledged before me an
the day of June, 1990, by GREGORY A. CUDZILO, whose name
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.d�ena3 to the Foregoing Deed of Exchange dated April 12,
r �7�Y�4rr.• • M Egkes J M 30,1983
rP�c�h qo�N "e, Commission expires:
Of
NO RY PUBLIC
STATE OF VIRGIN , At-Lar,ge,
Of , to -Wit:
The Pg{q^ing instrument was ack.^oe:'-edSpa before me on
a.
the -f Zune, 1990, by MARY E. CUDZILO, Whose name is
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tiP S]JO.nfrd',to`tha fcrayoing Deed of Exchange dated April 12, 1
990-
Expires dune 30.19�e
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LOT 4 eY LOT 5 B050pG0723
IBRAI THWAI TE
SUB®I VISIO1V
SHAWNEE DISTRICT
FREDERICK COUNTY
VIRGINIA
LOCATION
1".2.000,
SITE
THIS BOUNDApy LINE ADJUSTMENT. AS SHOWN ON�T� TART, S WITH FREE CONSENT AND N ACCORDANCE
WITH THE DESIRES OF THE UIUERaVNED
SUHVEHoH'� Lt1'c I v'""" �'
I CERT�'Y THAT THE LANA IN THIS DIVISION IS ALL OF THE REMAINING PORTION OF LOT 4. SRAITHWAITC
BOOK 3PAGE 8, AND ALL ED TO YOF T REhiAP18iG PORTION Or OBS. BD RADITHWAFTE SUBDiVI50K,31 MAY 1%74 �CON
�
VEYED TO GREGORY A. CUDZILO b MARY E. CUDZILO BY DEED DATED fG JANUARY 1989 IN DEED BOOK
703, PAGE 854.
ALI
BOUNDARY Linz ADJSUTMENT APPROVED:
FREDERICK COUNTY PLANNING DEPARTMENT
(tet✓ .c�� �- ��_ � ��
TER 18, ARTICLE 4 SECTION 1-4
�f� L. ALL& E307
c PROFESSIONAL LAND SURVEYOR
L ALIEN ESEyyT'' �
.Cady. rU 35 W. 80SCAWOV ST.
;>_ICEfIs�No. ,0KOWST&, VA 22601
14913
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The accompanying Plat represents a BOUNDARY LINE ADJUSTMENT
SURVEY of two tracts of Land. LOT 4-A is the 59,913 Sq. Ft.
Northwestern Portion of the remaining Northeastern FortiVn Of
Lot 4, Braithwaite Subdivision (a matter of Record in Deed Book :-i
181, Page 377) conveyed to Floyd I. Baker, Jr. and Donna V.
Faker by Deed dated 31 May 1974 in Deed Book 430, Page 238 8VP
the 7,498 Sq. Ft. Northwestern Portion of the remaining
i
Northeastern Pori.iv.-i Of Lo` 5, Braithwaite Subdivision conveyed
to Gregory A. Cudailo and Mary E. cudziio by Deed dated 16
January 1989 in Deed Book 703, Page 854. LOT 5-A is the 60,150
. c
Sq. Ft. Southeastern Portion of the said Lot 5 AV the 7,498
Sq. Ft. Southeastern Portion of the said Lot 4. The said Land
fronts the Northeastern Boundary Line of Senseny Road, Va.
Route 657, and lies in Shawnee District, Frederick County, _
Virginia:
-(fou--Id)
iaa tut a
LOT 4-A: Beginning at as iron •pin '(=c=_ � '�•,
North, --astern Line of Va. Route 657, a corner to Lot 3; thence
with =he said Line, S 69' 43' 40" E - 165.85 ft. to an iron x
pin, a corner to Lot 5 -A; -thence with the Northwestern Line of
the said Land, N 35' 05' 55" E - 546.00 ft. to an iron pin in
the Southwestern Line of the Elliott Delivery Service, Inc.
Land; thence with the said Line, N 70' 33' 18" W - 70.21 ft. to
an iron pin (found), a corner to the said Lot 3; thence with
the Southeastern Line of the said Land, S 46' 08' 03" W -- 585.44
ft. to the beginning.
Containing: 67,411 Sq. Ft.
LOT 5-A: Beginning at an iron pin in the Northeastern Line
of Va. Route 657, a corner to Lot 4-A; thence with the said
Line, S 69' 43' 40" E - 72.30 ft. to an iron pin, a corner to
Lot 6; thence with the Northwestern Line of the said Land,
',}ism%-�� �:�'.....-.i_``.`....._. .'{_..: r :'ice •:'t•:�i.�ifl::+:;
8056FG0726
Description Page -2
M 45. 39' 48" E -
587.21 ft. to an iron pin in the the
Southwestern Line
of the Elliott Delivery Service, Inc. Land;
M,
thence with the said
Line. N 70' 33' 16" W - 184.39 ft. to an
iron pin, a corner
to the said Lot 4-A; thence with the
Lille
of the said Land, S 35' 05' 55" W - 546.00 ft.
4�
Southeastern,
to the beginning.
Containing: 67,648 Sq. Ft.
�1.---r•
surveyed: 27
' $ Oy,
Februaury 1990 $Oy
L EBEBT.
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149
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VIRGINIA: FREDERICK COUNTY, SCT.
• , t'�.
This instrument of wiling was preduced
_•'
t4
�y of 111
to me on the 1Ns'
`
19 a `��Krth t�iaifica e
of acknowledgment thereto anncxod was
I
admitted to record.
a, , .
CLERK
=$}
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ru`
day of Nov. 1940, at 11:10 A. M. and with certificate of acknowledgment thereto annexed
was admitted to r ecord.
#759
a° GEORGE C. BRAIThWAITE ET UX "
TO PLAT
THE ANNEXED PLAT represents a Sub -division of a portion of
George C. Braith_waite's land, lying and being situate about four miles East of Winchester
on the North side of the Senseney Road, in Shawnee District, Frederick County, Virginia,
and being a portion of that certain larger tract or parcel of land, which was conveyed
to the said George C. Braithwaite by the Federal Land Bank of Baltimore, by deed dated
September 9, 1940, which is of record in the Clerk's Office of the Circuit court of
Frederick County, Virginia, in Deed Book No. 181, page 349, and the said sub -division
as it appears on said plat is made with the free consent, and in accordance With the
desire of, the undersigned owner of said land, George C. Braithwaite and Mary Braithwaite,
his wife.
Witness the following signatures and seals, this 6th, day of
November, 1940.
Geo. C. Braithwaite (Seal)
Mrs Mary Braithwaite (Seal)
State of Virginia
County of Frederica, to-vrit:
I, Virginia Ritter, a notary public in and for the County of
Frederick, in the State of Virginia, do hereby certify that George C. Braithwaite and
Mary Braithwaite, his wife, whose names are signed to the foregoing writing, bearing
date of November 6, 1940, have this day personally appeared before me in my jurisdiction
aforesaid and acknowledged the same.
Given under my hand this 6th, day of November, 1940.
M,p commission expires March 28, 1944.
VIRGINIA RITTER
Notary Public.
377
Vji"T_,.` I
COMITY SCT:
This Instmment of meriting was predvoed to Two on the 71-1, de, OP
..ov. 1940 at 12 l.'. and with of acknoviledr—ent thereto annexed ras nc '"Ilu-c';
to encore.
CM i2K.
8K805Pcf 2V
THIS DEED, made and dated this 30th day of September,
1993, by and between MARY E. CODZIL0, party of the first part,
hereinafter called the Grantor; and ROBERT J. BYER and LINDA S.
Z=, his wife, parties of the second part, hereinafter called
the Grantees..
WITHESSETH: That for and in consideration of the sum of
Ten Dollars ($10.00), cash in hand paid and other good and
valuable consideration, receipt whereof is hereby acknowledged,
the Grantor does grant and convey, with General Warranty and with
English Covenants of Title, unto the Grantees, as tenants by the
entirety in fee simple, with right of survivorship as at common
law, together with all rights, rights of way, privileges,
improvements thereon and appurtenances thereto belonging, all of
the following realty:
All of that certain lot or parcel of land, lying
and being situate in Shawnee Magisterial District,
Frederick County, Virginia, together with all
improvementp and appurtenances thereto belonging,
more particularly described and designated as Lot
3-A. Braithwaite Subdivision, containing 67,648
square feet, more or less, by plat prepared by L.
Allen Ebert, L.S., dated September 25, 1993,
attached hereto and by this reference made a part
hereof as if set out in full; AND BEING the same
property conveyed to the Grantor herein by Deed
from Gregory A. Cudwilo and Mary E. Cudsilo dated
October 21, 1992, of record in the Office of the
Clerk of the Circuit Court of Frederick county,
Virginia, in Deed Book 786, at Page 1219.
Reference is here made to the aforesaid
instruments, the attachments thereto and the
references therein contained for a further and
more particular description of the property hereby
• conveyed•.
This conveyance is made subject to all legally enforceable
restrictive covenants and easements of record affecting the
SCALLY.
TNROCKNORTON
C
GLASS
ATTORNEYSATLAW
] SOU'f.0 1GENT STREET
,ZME I, VIRGINIA
a=l
6K865`C,12vlk'�
aforesaid realty.
WITNESS tht following signature and seal:
a
�_ ( S'3i1L )
MARY E. , DZILO
i
STATE OF VIRGT_NIA
COUNTY/G?-'fY OF "aA �� to -wit:
I,Ao�11�_ (_ a Notary Public in and
For the State and jurisdiction aforesaid, do hereby certify that
MARY E. CUDZILO, whose name is signed to the foregoing Deed,
bearing date of the 30th day of September, 1993, has this da
personally appeared before me and acknowledged the same in my
State and jurisdiction aforesaid.
Given under my hand this 30th day of September, 1993.
NOTARY PUBLIC
My commission expires:
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67,645
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ND 2159 m
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0—IRON PIN (FOUND)
H. U. D. FLOOD ZONE C.
AREA OF MINIMAL FLOODINC.
TF—IS15 TO CERT4FY THAT O)'l SEPTEMBER
25.1993, 1 MADE AN ACCURATE SURVEY OF
THE PREMISES SHOWN HEREON AND THAT
THERE ARE NO EA5EWVri, S C;:
MENTS VISIBLE ON THE OROUN D OTHER
THAN THOSE SHOWN HEREON.
TITLE REPORT KOT FURNISHED. THIS
SURVEY IS SUBJECT TO ANY FACTS THAT
&UGW BE DLSCLosED BY A FULL. AND
ACCURATE TITLE SEARCK
t Al t FN EBEPY
pcENsE7 No.
1498
LOT 5-A
BRAE THWAI T16
SUBDIVISION
SHAWNEE DISTRICT
FREDERICK COUNTY
VIRGINIA
8K8rl5rc128%
The accompanying Plat represents a Boundary Survey of LOT
5-a; RRAITHWAITE SUBDIVISION (a matter of Record in Deed Book
181, Page 377 and, Deed Book 750, Page 717), conveyed to Mary
E. Cudziio by Deed dated 21 October 1992 in Deed Book 786,
Page 1219, The said improved Land; designated as No. 2159,
fronts the Northeastern Boundary Line of Senseny Road, Va.
Route 657, and lies in Shawnee District, Frederick County,
Virginia:
Beginning at an iron pin (found) in the Northeastern Line
of Va. Route 657, a corner to Lot 4-A; thence with the said
Line, S 69' 43' 40" E - 72.30 ft. to an iron pin (found), a
corner to Lot 6; thence with the Northwestern Line of the said
Land; N 45' 39' 46" E - 537.21 it. to an iron pin (found) in
to southwestern Line of the Elliott Delivery Service, Inc.
Land; thence with the said Line, N 70' 33' 18" W - 184.39 ft.
to an iron pin (found), a corner to the said Lot 4-A; thence
with the Southeastern Line of the said Land. S 35" 05' 55" W -
546.00 ft. to the beginning.
Containing: 67,648 Sq. Ft.
V
Surveyed:- 25 September 1993
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This i"s ument of u�ritirvg 3.9-� a%Jl--- `
e — day Of, — -_ -� Ofi n
sed by Sec. 5F 5U.1 of +
a u rh certlticate oI ackrawtedgmQnt there4o anTlexe
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gas admit :r Assassable.
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1498
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