HomeMy WebLinkAbout15-06 DeedPrepared by:
McCandlish Holton
1111 East Main Street, Suite 1500
Richmond, VA 23219
Tax Parcel No. 86 -A -10
Tax Parcel No. 86 -A -10A
Tax Parcel No. 86 -A -10B
522740v1
DEED OF SUBDIVISION
THIS DEED OF SUBDIVISION (this "Deed is made as of the 18th day of October,
2006, by STEPHENS CITY GF, LLC, a Virginia limited liability company "Company as
grantor and grantee for indexing purposes.
RECITALS
A. Company is the owner of a parcel of land located in Frederick County, Virginia,
said parcel being designated as T.M. 86 -A -10 containing 19.1920± acres (the "Property as
shown on the plat entitled "Final Plat for Lot Consolidation and Right -of -Way Dedication of the
land of Stephens City GF, LLC" dated September 20, 2005, of record in the Clerk's Office of the
Circuit Court of Frederick County, Virginia, as Instrument No. 050021915.
B. Company wishes to subdivide the Property into three (3) parcels.
AGREEMENT
NOW, THEREFORE, for and in consideration of the premises, the sum of One Dollar
($1.00) cash in hand paid, and other good and valuable consideration, the receipt of which is
acknowledged, it is agreed as follows.
1. Subdivision. Company declares that the Property is hereby subdivided into three (3)
parcels, as shown on the plat entitled "Final Subdivision Plat of the Land of Stephens City GF,
LLC" made by Greenway Engineering, Mark D. Smith, Land Surveyor, dated August 17, 2006,
which plat is attached hereto as Exhibit A and made a part hereof (the "Plat The Property shall
be and hereby is subdivided into three (3) parcels, the first parcel containing the residue of Tax
Parcel 86 -A -10 in the amount of 16.0765± acres, said parcel being shown on the Plat as "Residue
of Tax Parcel 86 -A -10, 16.0765 Acres," the second parcel containing 2.0111± acres, said parcel
being shown on the Plat as "New Tax Parcel 86- A -10A," and the third parcel containing 1.1044±
acres, said parcel being shown on the Plat as "New Tax Parcel 86- A -10B," reference to which
Plat is made for a more particular description of the subdivided parcels.
2. Consents and Approvals. This Deed is made with the free consent and in
accordance with the desire of the Company, and with the approval of Frederick County and the
Virginia Department of Transportation, as evidenced by the approvals set forth on the Plat of the
Frederick County Subdivision Administrator, the Frederick County Sanitation Authority and the
Virginia Department of Transportation.
3. Subject to Easements. This Deed is further made subject to all matters shown on
the Plat attached hereto as Exhibit A, including but not limited to the variable width
ingress /egress easement shown thereon and hereby created with the recording of this Deed and
the Plat, and to all easements, restrictions, reservations and other matters contained in duly
recorded deeds, plats and other instruments affecting the Property hereby subdivided which have
not expired by limitation of time contained therein or have not otherwise become ineffective.
522740v1
[SIGNATURE APPEARS ON FOLLOWING PAGE]
2
522740v1
WITNESS the following signature pursuant to due authority:
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND
My Commission expires:
3
STEPHENS CITY GF, LLC,
a Virginia limited liability company
By:
Dennis J. Schmidt
Authorized Member
To wit:
The foregoing instrument was acknowledged before me on this day of October,
2006, by Dennis J. Schmidt, Authorized Member of Stephens City GF, LLC, a Virginia limited
liability company, on behalf of the company.
Notary Public
163
:1110AttS.cio; dPlet and 1 Distances Courses and Diss deem
8001 531 t „ion, made
SAcifill,Lee.A. Ebert, 'Certified Land Surve;or, Winchester.. Virginia, dated
Foliruary 21i" 1980, is a Survey of tl a Land conveyed to Stuart N. Perry,
ncorporated-bi Five Deeds Leas the Small Portion conveyed to the
Commonvealth.of Virginia (Route 654), The said Improved Land fronts
the Southern Doundary Lines of Virginia Route 803, and fronts the
Eastern Poundary'Lind and Center Lines of Route 654, in Pack Creek
District, Frederick County, Virginia."'
given under our handl, this set _day of
cssAL)
that:
••,:e to .the foregoing Certificate of Confirmation
tearinO.date.of the Z/ PA day of f
s ktijo-:••• have aCknOCledgecl the BAIrli before Me in my count r
Hy CeemisalehS notary expires—.
v
crypt UNDER(till:HAND" this 2 of -2)e-t e'vlae/•-,1
CLOVERDALE /AAM,
0.0. 213 !'R'304
C. L. ROSINSON •ICE. A
CV.0 s STORAGE CORR
0.0. 157 R
u
i
instrument /of IT
with .Eertificat
VIRGINIA
DERICK COY, (SCT.
"this
:35X. M. an
d.
#531
HOLMES E. YEARLEY, ET UX
TO DEED
STUART M. PERRY, INC.
a
A
a
THIS DEED made and dated this 7th day of May, 1954, by and between
Holmes E. Yeakley and Lois R. Yeakley, his wife, parties of the first part, and Stuart
M. Perry, Incorporated, of Winchester, Virginia, party of the second part.
WITNESSETH: That for and in consideration of the sum of Ten Dolls
($10.00) cash in hand paid, and other good and valuable consideration, the receipt of
all of which is hereby acknowledged, the said parties of the first part do hereby grant,
sell, and convey, with general warranty of title, unto the party of the second part,
its successors or assigns, all of that certain tract or parcel of land containing 19.86
acres, more or leas, together with all rights, rights of way, privileges, improvements
and appurtenances thereto belonging, lying and being situate about three miles West of
Winchester on the Southern side of U. S. Highway No. 50 in Shawnee District, Frederick
County, Virginia, and being the sans land that was conveyed to the said parties of the
first part by L. Jackson et ux, by deed dated May 20, 1943, of record in the Clerk's
Office of the Circuit Court of Frederick County, Virginia, in Deed Book No. 187, page
166. A plat and survey of said land made by Walker McC. Bond, Surveyor, is attached to
this deed, and this reference incorporated herein.
The aforesaid grantors covenant that they have the right to convey
said land to the aforesaid grantee; that the said grantee shall have quiet possession
of said land, free from all encumbrances; that they have done no act to encumber said
land; and that they will execute such further assurances of said land as may be requisite.
Witness the following signatures and seals.
REVENUE HOLMES E. YEAKLEY (SEAL)
$4.40
CANCELLED n LOIS R. YEAKLEY (SEMI)
4HHHHHHt1H1-114-a,•eueer
2. 1n, urG,Psf..
CLERK
State of Virginia
County of Frederick, to -wit:
I, Virginia Ritter, a Notary Public in and for the County of
Frederick, in the State of Virginia, do hereby certify that Holmes E Yeakley and Lois
R. Yeakley, his wife, whose names are signed to the foregoing writing bearing date of
May 7th, 1954, have personally appeared before me in my county aforesaid, and acknoledged
the same.
Given under n6' hand this 8th day of May, 1954.
My commission expires March 17, 1956.
VIRGINIA RITTER
Notary Public
Q5 a t
Stuart M. Perry, Inc. is about to purchase the Holmes E. Yeakley
land situated and lying in Shawnee District, Frederick County, State of Virginia, two
miles west of Winchester fronting on the south side of Primary Highway U. S. No. 50
lying west of and adjacent to the other land of Stuart M. Perry, Inc. and is more parti-
cular described aa:
Beginning at (1) a post in the Southern Highway boundary line of
Primary Highway U. S. No. 50 about two miles west of Winchester, State of Virginia,
Shawnee District, a corner to Perry's former purchase, running with said highway boundar
line N 68 Deg. E 20.18 rods to (2) a post corner to the Wilkins lot; thence with a line
of said lot S 50} Deg. W 27.77 rods to a poet corner (3) thence S 54 Deg. W 72.0 rode
with a line of the Gather land to a post corner to said Lather land in the northern
boundary line of Woodchuck Lane; (4) thence S 35} Deg. E 39.45 rods to a poet corner
in a line of the Roy Bageant lend and a corner to Perry's former purchase; (5) thence
with the following seven lines, Perry land N 51 3/4 Deg. E 31 rode; (6) Thence N 43 Deg.
E 44.72 rods to (7) a post corner; thence N 41} Deg. W 12.26 rode to (8) a post corner;
thence N 46} Deg. E 23.57 rods to (9) a locust tree in the fence line; N 57 Deg. E 3.09
rods to (10) thence N 754 Deg. E 6.24 rods to (11) a post corner; thence finally N 33}
Deg. E 4.6 rods to the point of beginning containing 19.86 acres or 19 acres 3 rods 17
Square poles. Surveyed April 1954 By: Walker Mc. Bond
WALKER McC. BOND
VIRGINIA
FREDERICK COUNTY, (SCT.
This instrument of writing was produced to me on the 10th day of
May 1954 at 1:40 P. M. and with certificate of acknowledgment thereto annexed was
admitted to record.
1as h• k.y4.ite.toe ,CLERK
a? 7/47
dmitted te record.
#1276
STUART M. PERRY, ET DX
TO DEED
STUART M. PERRY, INCORPORATED
THIS DEED, made this 16th day of October, 1951, between Stuar
M. Perry and Leona M. Perry, his wife, of the one part, hereinafter called the Grantors,
and Stuart M. Perry, Incorporated, of the other part, hereinafter called the Grantee.
WITNESSETH: That for valuable considerations the Grantors do
grant unto the Grantee, with general warranty of title, all of the following described
tracts of land, all situate in the County of Frederick, Virginia, and more particularly
described as follows:
Tract 1. All of that certain parcel of land that was conveye
to Stuart M. Perry by deed of T. Newton Cather, dated March 10, 1936, and of record in
the office of the Clerk of the Circuit Court of Frederick County, Virginia, in Deed Boo
171, at page 186, this being part of the Grantors' quarry property, and being located
about three miles from Winchester, Virginia. The said property is described in said dee
as follows:
"Beginning at a stake in the line of the land of said parties
of the first part; thence North in their line six hundred and forty -one (641) feet to
a stake in their line and the line of Robinson; thence West in their line two hundred
and eighty -seven (287) feet to a stake in the line of said Lather and Robinson; thence
North in their line two hundred and ninety (290) feet, to a stake in their line; thence
West in their line two hundred and forty -eight (248) feet to the line of a joint drivew
twenty (20) feet wide; thence West from west side of said driveway one hundred and twent
two (122) feet to a stake in Cather's line; thence South in Gather's line eight hundred
and eighty -four (884) feet to a stake in the line of said Lather; thence East- in his lin
six hundred and twenty -seven (627) feet to the place of beginning, containing twelve (12
acres, be the same, however, more or lees." This lot includes a right of way for ingres
and egress to and from the land herein conveyed over a right of way leading from the
Northwestern Grade Sauth across the Winchester and Western Railroad to the land herein
conveyed, as more particularly set forth in the aforesaid deed.
Tract 2. That certain parcel of land that was conveyed to
Stuart M. Perry by deed of C. L. Robinson Ice and Cold Storage Company, a corporation,
dated April 10, 1936, and of record in said Clerk's Office in Deed Book 172, at page 3,
containing 10 acres, no roods and 7 square poles, and being more particularly described
in said deed as lying about two miles West of Winchester, Virginia, on the South side of
the Winchester and Western Railroad, and on the Sauth side of the Northwestern Grade
(U. S. #50).
Tract 3. That certain parcel of land that was conveyed to
Stuart Perry, be being the same as Stuart M. Perry, by deed of H. E.•Pingley, et al,
dated May 3, 1938, and of record in said Clerk's Office in Deed Book 176, at page 69,
of Winchester and lying along the South side of the Northwestern Grade and the North sid
of the Winchester and Western Railroad.
Tract 4. All of that certain parcel of land that was conveyed
to Stuart M. Perry by deed of C. L. Robinson Ice and Cold Storage Corporation, a Virgiai
corporation, dated January 7, 1941, and of record in said Clerk's Office in Deed Book
184, at page 290, which tract of land is located just South of U. S. Highway #50, about
two miles West of Winchester, in Shawnee Magisterial District, bounded on the North by
the Southern right of way of the Winchester and Western Railroad; on the West and South
by other land of Stuart M. Perry, and containing 19 acres and 24 square poles, more or
less, as shown on a plat attached to the aforesaid deed.
Tract 5. That certain tract of land that was conveyed to Stuar
M. Perry by deed of T. Newton Cather and wife, dated April 24, 1942, and of record in
said Clerk's Office in Deed Book 185, at page 166, which parcel of land is situate on
the. South side of the Northwestern Grade, or U. S. Route #50, about three miles West of
Winchester in Shawnee Magisterial District, containing 139 acres, 2 roods and 5.6 square
poles.
Tract 6. That certain lot of land that was conveyed to Stuart
Perry, he being the same as Stuart M. Perry, by deed of William J. Lockhart and wife,
dated August 19, 1949, and recorded in said Clerk's Office in Deed Book 211, at page 297
said lot being situate about two miles West of Winchester, in Shawnee Magisterial Distri
and being identified on the plat of. the Ward Avenue Lots, which is of record in said
Clerk's Office in Deed Book No. 202, at page 267, as Lot No. 14, said lot having a.front
age of 50 feet on the Eastern aide of Ward Avenue and extending back with a uniform widt
in an Easternly direction for a distance of 200 feet.
Tract 7. That certain lot of land that was conveyed to Stuart
M. Perry by deed of William J. Lockhart and wife, dated October 24, 1949, and of record
in said Clerk's Office in Deed Book 213, at page 60, said lot being situate about two
miles West of Winchester in Shawnee Magisterial District, a short distance South of U.
S. Highway #50, and being the same land designated as Lot No. 15 on the plat of the Ward
Avenue Lots, which plat is of record in said Clerk's Office in Deed Book 202, at page
267, the said lot having a frontage of 50 feet on the Eastern side of Ward Avenue and.
extending Eastward with a uniform width a distance of 200 feet.
Tract 8. That certain lot of land that was conveyed to Stuart
M. Perry by deed of William J. Lockhart and wife, dated June 15, 1950, and of record in
said Clerk's Office in Deed Book 215, at page 77, which said lot is situate a short dis-
tance South of U. S. Highway #50, about two miles West of Winchester in Shawnee District
Frederick County, Virginia, fronting 50 feet on the Eastern side of Ward Avenue and ex-
tending backward in an Easternly direction with a uniform width for a distance of 200
feet, and being designated on said plat of the Ward Avenue lots as Lot No. 16.
Tract 9. That certain lot of land that was conveyed to Stuart
M. Perry by deed of Ellis E. Bayliss, Jr., dated November 27, 1950, and of record in sai
Clerk's Office in Deed Book 217, at page 459, said lot being situate along the Western
side of Ward Avenue a short distance South of U. S. Highway #50, fronting on said Avenue
a distance of 50 feet, and extending back therefrom with a uniform width in a Westernly
t,
direction for a distance of 200 feet, and being identified on said plat of the Ward Avon
Lots as Lot No. 30.
e
Tract 10. That certain lot of land that was conveyed to Stuar
M. Perry by the deed mentioned in the immediately foregoing paragraph, said lot being
adjacent to the said Lot No. 30 on Ward Avenue, and fronting on the Western side of said
Ward Avenue a distance of 50 feet and extending back Westwardly with a uniform width for
a distance of 200 feet, and being designated on said plat of the Ward Avenue Lots as Lot
No. 29, this lot No. 29 lying North of said Lot No. 30.
Tract 11. That certain lot of land that was conveyed to Stuar;
M. Perry by deed of William J. Lockhart and wife, dated November 29, 1950, and of record
in said Clerk's Office in Deed Book 217, at page 458, said lot lying along the Western
side of Ward Avenue a short distance South of U. S. Highway #50, and about two miles
west of Winchester, in Shawnee District, fronting on said Ward Avenue a distance of 50
feet, and extending backward therefrom with a uniform width in a Weatero.ly direction for
a distance of 200 feet, and being designated on the said plat of Ward Avenue Lots as Lot
No. 28.
Tract 12. That certain tract of land located on both aides
of the North Frederick Grade, known as U. S. Route #522, in Gaineaboro District, Frederi k
County, Virginia, on the Western slope of Hunting Ridge, containing 17.35 acres, and
being the same property that was conveyed to Stuart M. Perry by deed of the Farmers and
Merchants National Bank of Winchester, Virginia, Executor, etc., et al, dated March 12,
1951, and of record in said Clerk's Office in Deed Book 218, at page 162.
All of the aforementioned lots are conveyed together with all
rights, appurtenances and privileges appertaining and belonging to said property, and
for a further description of said lots and said parcels of land, a reference is made to
all of the plats and deeds herein mentioned.
The Grantors covenant that they have the right to convey said
land to the Grantee; that the Grantee shall have quiet possession thereof, free from all
encumbrances; that they have done no act to encumber the same and that they will execute
such further assurances of title as may be requisite.
Witness the following signatures and seals:
REVENUE STAMPS a STUART M. PERRY (SEAL
$103.40
CANCELLED a LEONA M. PERRY (SRai
STATE OF VIRGINIA,
COUNTY OF FREDERICK, to wit:
I, Helen Funkhoueer, a Notary Public of and for the County of
Frederick in the State of Virginia, do certify that Stuart M. Perry and Leona M. Perry,
whose names are signed to the foregoing instrument, bearing date of the 16th day of Oct—
ober, 1951, have this day appeared before me in my County aforesaid and acknowledged the
3 (y commission expires October 18, 1953.
Given under my hand this 1P day of Ontnhar. 1951.
cg ///k
#1277
PAUL K. BARNETT, ET UK
TO DEED OF TRUST a
W. E. EDWARDS, TR. a
pal sum of Thirty -five Hundred Dollars
additinnnl lion avninat said nrnnarty.
VIRGINIA
FREDERICK COUNTY, (SCT.
This instrument of writing was prodbced to me on the 19th day
of October 1951 at 11:40 1. M. and with certificate of acknowledgment thereto annexed
was admitted to record.
,0t i�).(ee�
THIS DEED OF TRUST made and dated this 19th d of October,
1951, by and between Paul K. Barnett and Helen B. Barnett, his wife, p ties of the fir
part, W. E. Edwards, Trustee; party of the second part, and Raymond Edwards, party of
the thi d part.
WITNESSETH: That for and in consideratinb of the sum of On
Dollar ($1 00) cash in hand paid, the receipt of which is hereby the sal
parties of t•.: first part do hereby grant, sell, and convey, will general warranty of
title, unto the •arty of the second part, all of that certain lot or parcel of land, n
together with all provements and appurtenances thereto beybnging, lying and being si
uate about three mil Northwest of Winchester, in Stonew District, Frederick County
Virginia, fronting a di ante of 65 feet on the Norther side of what is known as Ruda
Avenue in the R. G. Edward. Sub division, and extendin back Northward between parallel
lines a distance of 159.7 fee along its Western aid and 159.9 feet along its Eastern
side, and being the same land Alkali was conveyed t the said parties of the first part
by Raymond G. Edwards et ux, by dd'ed dated July 2:, 1951, and of record in the Clerk's
N
Office of the Circuit Court of Frederick County, Virginia, in Deed Book No. 220, page 6.
IN TRUST NEVERTHELES', to secure unto the party of the third
part the payment in full, both principal and nterest, of a certain negotiable promissor
note, bearing even date herewith, drawn by t said parties of the first part, and payab
to the said party of the third part, or or.: r, thirty (30) days after date in the princi
00.00), \and bearing interest from date at the
rate of 5% per annum. And to this end t. secure the bt evidenced by said note in its
present form, or in any form it may her after assume, b renewal or extension, in whole
or in pert, by change of parties, or o .erwise, until said`debt is finally and fully
paid and discharged.
As additio•al security for the within scribed debt the parti
of the first part covenant and agre to keep the buildings on the w thin conveyed prop-
erty insured for their fair insur:,le value in some solvent fire insur se company with
loss payable clause, or properly assigned policy, for the benefit of the party of the
third part as his interest may appear. Should said parties of the first par'\fail to
keep said buildings so insured, the said party of the third part may have said buildings
so insured, and all premiums paid, or expenses incurred thereby shall constitute an
a
1'!
t
L
0
95
L. BAGEANT, EP CX
TO DEED
STUART M. PERRY, INC.
♦ttlO* ****************i #U *1H0
THIS DEED made and dated this 17th day of September, 1959, by
between R. L. Bageant and Gertrude Bageant, his wife, parties of the first part,
Stuart M. Perry, Incorporated, party of the second part.
WITNESSETH: That for and in consideration of the sum of Ten
Dollars ($10.00) cash in hand paid and other good and valuable consideration, the
receipt of all of which is hereby acknowledged, the said parties of the first part
do hereby grant, sell, and convey, with general warranty of title, unto the party
of the second part, all that certain tract or parcel of land containing 120 acres
more or less, together with all the improvements and appurtenances thereto belong
lying and being situate along the Eastern side of Virginia State Secondary Highway
No. 654, also known as Woodchuck Lane, a short distance West of Winchester, in Ston:-
wall District, Frederick County, Virginia, and being all of the remainder of that
certain larger tract or parcel of land originally containing 207 acres more or leas
that was conveyed to the said R. L. Bageant by William Henry Gold et ux, by deed
dated April 19, 1949, and of record in the Clerk's Office of the Circuit Court of
Frederick County, Virginia, in Deed Book No. 210, page 130. From said original
tract the partlee of the first part have heretofore conveyed a tract of 83.768 acre
more or less to Stuart M. Perry, Incorporated, by deed dated December 2, 1955, of
record in the aforesaid Clerk's Office in Deed Book No. 239, page 271; a lot con-
taining 1 7 acre more or less to Ralph E. Coates et ux, by deed dated July 6, 1956,
of record in said Clerk's Office in Deed Book No. 242, page 277, which said lot,
however, has recently been re- conveyed by Coates to said R L Bageant, by deed
dated September 4th, 1959, of record in said Clerk's Office in Deed Book No. 259,
page 330; a lot containing 2 acres more or leas to Hugh Eddie Coates by deed dated
July 25, 1956, and of record in said Clerk's Office in Deed Book No. 242, page 389,
and two lots containing in the aggregate 1 acre more or less, to Charles Oscar Coats
et ux, by deed dated January 29, 1957, and of record in said Clerk's Office in Deed
Book No. 245, Page 24 5 Deducting the aforesaid out conveyances, but including the
1.7 acre lot re- conveyed by Coates as aforesaid, would give an approximate area of
120 acres conveyed hereby, but it is expressly stipulated that this conveyance is
intended to include all of said original tract now owned by the said R L Bageant,
A reference to all of the aforesaid records, and to the references therein contain
is here made for -a further and more particular description of said land.
The aforesaid grantors covenant that they have the right to con-
vey the said land to the aforesaid grantee; that the said grantee shall have quiet
possession of the said land, free from all encumbrances; that they have done no act
o encumber the said land- and that they will execute such further assurances of
said land as may be requisite.
Witness the following signatures and seals.
REVENUE STAMPS ROY L. BAOEINT (SEAL
$27.50
CANCELLED GERTRUDE BA AANT (SEAL
.*w.wwkw
State of Virginia
County of Frederick, to -wit:
I, Virginia Ritter, a Notary Public in and for the County of
Frederick, in the State of Virginia, do hereby certify that R. L. Bageant and
Gertrude Bageant, his wife, whose names are signed to the foregoing writing bearing
Ass(
a6
date of September 17th, 1959, have personally appeared before me, in my county afo
said, and acknowledged the same.
Given under my hand this 30th day of September, 1959.
My commission expires March 14, 1960.
VIRGINIA R
o ary
VIRGINIA
FREDERICK COUNTY, (SCT.
This instrument of writing was produced to me on the let day of
October 1959 at 2:35 P. M. and with certificate of acknowledgment thereto annexed
was admitted to record.
Lit 6 o ,CLERK
#1696
WILLIAM MARKS, ET UX
TO AGREEMENT
THE WINCHESTER- FREDERICK COUNTY
INDUSTRIAL DEVELOPMENT CORP.
THIS AGRE&.ETNT made and dated this 1st day of October, 1959, by
and tween William Marks and Anne W. Marks, his wife, partie of the first part;
and Winchester- Frederick County Industrial Development rporation, a corporati
organiz 1 and pursuant to the laws of the Commonweal h of Virginia, party of
the sec onA, part.
r
WITH SETH: That for and in considfration of the sum of Five
Hundred MOO. 0) Dollars, the receipt of which is ngreby acknowledged by the said
parties of the st part, and the mutual covenants hereinafter set forth, the said
parties of the fit t part do hereby give and gran unto the said party of the sec
part or its assigns, the exclusive right and opt on to purchase at any time between
the date of this agree nt and January 1 1960, all of that certain tract of land
together with the improv nts thereon and the appurtenances thereunto belonging,
lying and being situate on`t east side of p. S. Highway No. 11, in Shawnee Magis-
terial District, Kernstovn, Frederick Coun Virginia, containing 45 acres, more
or less, and an adjacent lot containing 2 085 square feet, more or less, being a
portion of the same property conveyed t• the said William Marks by deed of Henkel
M. lamp, et ux, dated July 2, 1954, of record in the Clerk's Office of Frederick
County, Virginia, in Deed Book 232, -,458, for and in the sum of Fifty Thousand
($50,000.00) Dollars, provided hove er tha'.the said party of the second part shall
notify, in writing, the said parti s of the first part of its intention to take,
accept and purchase the aforesai• property at ttia purchase price, on
or before January 1, 1960.
In the even the aforesaid option is exercised by the said party
of the second part, it is e essly understood that the Se of the first part
shall retain possession of dwelling house, pony shed, bi house, located on
the said property and the k pasture, bounded on the east by Wye right -of -way of
the B. 0. Railroad; on south by a brook and on the north by alfalfa field,
until July 1, 1960. The said parties of the first part agree, howevee not to re-
tain possession until J y 1, 1960, if they find a dwelling and tract of and which
1
meets their requirements.
In the event the said option is exercised as hereinbefore prp
26G/S
Ewa+
#1693
R. L. BAGEANT, ET UX
TO DEED
STUART M. PERRY, INC.
THIS DEED made
and between R. L. Bageant and Gertrude S.
and dated this 2nd day of December, 1955, by
Bageant, his wife, parties of the first Z`^-
I/z.y/ ern.
part, and Stuart M. Perry, Incorporated, a Virginia Corporation, party of the secon
part.
WITNESSETh: That for and in consideration of the sum of Ten
Dollars ($10.00) cash in hand paid, and other good and valuable consideration, the
receipt of all of which is hereby acknowledged, the said parties of the first part
do hereby grant, sell, and convey, with general warranty of title, unto the party
of the second part, a certain tract or parcel of land containing 83.768 acres, lyin
and being situate along the Southeastern side of Virginia State Secondary Highway
No. 654, commonly known as Woodchuck Lane, about four miles Southwest of Winchester
in Shawnee District, Frederick County, Virginia, and being a portion of that certai
larger tract or parcel of land that was conveyed to the said R. L. Bageant by
William H. Gold et ux, by deed dated April 19, 1949, of record in the Clerk's Offic
of the Circuit Court of Frederick County, Virginia, in Deed Book No. 210, page 130.
A plat and survey of the within conveyed land made by Walker McC. Bond, Civil.
Engineer, is attached to, and by this reference incorporated in, this deed.
The aforesaid grantors covenant that they have the right
to convey said land to the aforesaid grantee; that said grantee shall have quiet
possession of said land, free from all encumbrances; that they have done no act
to encumber said land; and that they will execute such further assurances of said
land as may be requisite..
Witness the following signatures and seals.
R. L. BAGEANT
GERTRUDE S. BAGEANT
REVENUE STAMPS
$11.00
CANCELLED
(SEAL
(SEAL
State of Virginia
County of Frederick, to -wit:
I, Virginia Ritter, a Notary Public in and for the County
of Frederick, in the State of Virginia, do hereby certify that R. L. Bageant and
Gertrude S. Bageant, his wife, whose names are signed to the foregoing writing
bearing date of December 2nd, 1955, have personally appeared before me in nay coun
aforesaid, and acknowledged the same.
Given under my hand this 2nd day of December, 1955.
My commission expires March 17, 1956.
VIRGINIA RITTER
o ary
7 I
Gl 1
C�)L
N
Roy L. Bageant is conveying to Stewart M. Perry, Inc.. a
portion of his farm on Woodchuck Lane, four miles south west of Winchester in
Shawnee District, Frederick County, State of Virginia, the parcel is more particula
described by a survey viz: (using the bearings of the existing survey. k Beginning
at a post the south eastern corner of the entire tract running N 42* W 211 rods to
a set stone in eastern property line of Woodchuck Lane, highway number 654, thence
with the eastern highway bounds of the above mentioned highway 533i W 72.72 rods
to a concrete marker; thence by a dividing line through the Bageant Land S 45i E
198 rods to a concrete marker in the south eastern boundary line of the entire
tract; thence with the last mentioned line N 43i E 60.3 rods to the beginning.
Containing 83.788 Acres.
Surveyed Nov. 30, 1955
By WALKER Mee. BOND C. E.
VIRGINIA
FREDERICK COUNTY, (SCT.
This instrument of writing was produced to me on the 20th
day of December 1955 at 10:25 A. M. and with certificate of acknowledgment thereto
annexed was admitted to record.
I lotQ, .L
,CLERK
y
Rand an 011. By GREENWAY ENGINEERING
6K933PG I4 12
THIS DEED, made and dated this 13th of April, 1999, by
and between 7 i N BANK WINCHESTER, a banking institution
organized under the laws of the Commonwealth of Virginia,
party of the first part, hereinafter called the Grantor: and
STUART N. PERRY. INC., a Virginia Corporation, party of the
second part, hereinafter called the Grantee.
WITNESSETH: That for and in consideration of the sum of
Ten Dollars ($10.00), cash in hand paid, and other good and
valuable consideration,- the receipt of which is hereby
acknowledged, the Grantor does hereby grant and convey, with
Special warranty of title, unto the Grantee, in fee simple,
all of those certain lots or parcels of land, together with
the improvements thereon and appurtenances thereto belonging,
lying and being situate in Back Creek Magisterial District,
Frederick County, Virginia, and more particularly described on
the attached Schedule A. Reference is made to the aforesaid
instruments for a more particular description of the property
herein conveyed.
This conveyance is made subject to all easements, rights
of way and restrictions of record affecting the subject
property.
WITNESS the following signature and seal:
F a M BANK WINCHESTER
BY A.H, j i/ l.t'ti ti (SEAL)
BETTY H.°CARROLL, PRESIDENT
and CEO
STATE OF VIRGINIA, AT LARGE,
CITY OF WINCHESTER, to -wit:
The foregoing instrument was acknowledged before me on
Oh ByGREENWAYENGNEEWNG/NC
DNOtVON to «'an Pert
BK933P61
the 13th day of April, 1999, by Betty H. Carroll, who is
President and CEO of F 6 M Bank Winchester, and whose name
is signed to the foregoing Deed dated the 13th day of April,
1999.
My commission expires ')I&JO$
L. ipd,
NOTARY I PUBLIC
2
133//`f/•
Hinted ail06110 By GREEN WA Y ENGINEERING WC
wgBYfsAm
All those certain tracts or parcels of 'and, together with the improvements thereon and all
rights, rights of way and appurtenances thereunto belonging, lying and being situate in Back
Creek Magisterial District, Frederick County, Virginia, being more particularly described as
follows:
(A) That chain lot or parcel of land containing 12,389 square feet, situate on
Southan side of Virginia Route 803, mid being more particularly described
as Tract 1 on that certain plat and survey drawn by L. Allen Ebert, L.S., dated I j 2(4
October 15, 1990, a copy of which is recorded in the Clerk's Office of the 0
Circuit Court of Frederick County, Virginia, in Deed Book 850, at Page 1232,
et seq.
s3 `35 (B) That certain lot or parcel of haul co ..160 ,aittrate on the
Western side (Limited Aeons Line) of Virginia 37 and at the end of
Virginia Route F- 842, and being more paricularly described as Tract 2 on that
certain plat and survey drawn by L. Allen Ebert, LS., dated October 15, 1990,
a copy of which is recorded in the aforesaid Clerk's Office in Deed Book 850,
at Page 1232, et seq.
5 A 313 (C) All that certain lot or parcel of land, together with the improvements thereon and all
rights, rights of way and appurtenances 'hereunto belonging, lying and being situate in
Back Creek Magisterial District, Frederick County, Virginia, containing 193100 acres,
fronting on the Northwestern side of Virginia Rome 621(Merriman's Lane), and being
more particularly described on that certain plat of S. W. Marsh, L.S., dated March 19,
1997, of record in the aforesaid aerk's Office in Deed Book 877, at Page 1706, et seq.,
said plat being incorporated herein by reference as if set out in full.
The foregoing tracts or parcels of land are a portion of the lands acquired by F M Bank
Winchester by that certain Deed in Lieu of Foreclosure and Deeds of Release dated August 5,
1998, of record in the aforesaid Clerk's Office in Deed Book 913, at Page 207. Reference is
hereby made to the aforesaid instrument for a more particular description of the property.
VIRGINIA• RE kta]u+rae q�
TI duo cf wr wt�3Y,tlaa`dto wcie tea #.77.
and *Rh canifkm of acknowledgment thereto annexed
was admAtted to recad. TO Imposed by See. 111.1402 of
114)0 ad U.1401 oaw bun pad, If nruacle.
%./hodel-tni, Clerk
93 44/1
ichaet L Bryan
Court Square
Tt Floor
Viocheater, VA
060009849
0
0
THIS DEED OF GIFT, made and dated this /(vday of May, 2006, by and between
R AND T PACKING CORPORATION, a Virginia Corporation, hereinaftcz called the
"Grantor and STUART M. PERRY. INCORPORATED, a Virginia Corporation, 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.
WITNESSETH: That for and in consideration of the sum of Ten Dollars ($10.00), and
other consideration deemed adequate at law, receipt of which is hereby acknowledged, the
Grantor does hereby grant and convey, with general warranty of title, unto the Grantee, in fee
simple, the following property:
All of that certain lot or parcel of land, together with all improvements
thereon and appurtenances thereto belonging, lying and being situate north of
Merrimans Lane (Virginia Secondary Route 621) in Back Creek Magisterial
District, Frederick County, Virginia, being the aggregate of that certain parcel of
land containing 48.6730 acres, more or less, located on the west side of Lacoste
Court, and that certain lot or parcel of land containing 9.1026 acres, more or less,
located on the east side of Lacoste Court, designated as Lot 82 Rural Preservation
Lot on that certain plat titled "Final Plat of Subdivision Section Seven
Roscommon" dated April 10, 2006, drawn by P. Duane Brown, L.S., whichiplat
is attached to and made a material part of that certain Deed of Dedication d,'ated
April 25, 2006, of record in the Clerk's Office of the Circuit Court of Frederick
County, Virginia as Instrument No. 060007935 (collectively, the "Property
and being a portion of the lands acquired by the Grantor by that certain Deed
dated December 14,1983, of record in the aforesaid Clerk's Office in Deed Book
570, at Page 489, and by Deed of Correction dated Lune 6, 1988, of record in the
aforesaid Clerk's Office in Deed Book 683, at Page 740. Reference is made to
the aforesaid instruments for a more particular description of the property herein
conveyed.
Tax Map No. 52- A -313A (Parent Tract)
This conveyance is made subject to all easements, rights of way and restrictions of record
affecting the subject property, and in particular is made subject to the restrictions, covenants, and
conditions set forth on Exhibit "A" attached hereto and made a material part hereof as if set out
in frill; provided, however, that the foregoing shall not be deemed in any way to reinstitute or
republish any restrictions of record that may have expired or lapsed.
The Grantee joins herein to evidence its consent to the restrictions, covenants and
conditions more fully set forth on Exhibit "A" attached hereto and incorporated herein by
reference as if set out in full.
This instrument is a Deed of Gift and is not to secure a debt or to indemnify a surety.
The Grantor does hereby covenant that it has the right to convey to the Grantee; that the
Grantee shall have quiet and peaceable possession of the said property, free from all liens and
ichael L Bryan
Court Square
2" Floor
Vinchonor, VA
encumbrances; and it will grant such further assurances of title as may be requisite.
WITNESS the following signatures and seals:
STATE OF VIRGINIA, AT LARGE,
CITY OF WINCHESTER, to-wit:
The foregoing instrument was acknowledged before me on the /6 aday of
May, 2006, by I. Kelly Robinson, who is President of R and T Packing Corporation, a Virginia
Corporation, whose name is signed to the foregoing Deed dated the /Gay of May, 2006.
My Commission expires 7)3/kte D
THIS INSTRUMENT PREPARED BY:
MICHAEL L. BRYAN, ESQUIRE
9 Court Square, 2 Floor
Winchester, Virginia 22601
540/545 -4130
R and T PACKING CORPORATION,
1
1�!-.• (SEAL)
Kelly •'inson, President
19
a Virgin Co t;, on
STUART M. PE tR)Y,, IINCOMORATEEDD
By O
l L -'V( EAL)
Dennis W. Perry, President
NOTARY PUBLIC
STATE OF VIRGINIA, AT LARGE,
CITY OF to-wit:
The foregoing instrument was acknowledged before me on the 16 day of May, 2006,
by Dennis W. Perry as President of Stuart M. Perry, Incorporated, whose name are signed to the
foregoing Deed dated the 1G day of May, 2006.
My Commission expires 113110L
NOTAR PUBLIC
0
0
71�
t
7
Mettle! L Bryn
9 Court Squire
2 Floor
Winchester, VA
060006312
owned by R &T containing 112.8504 acres, more or less, in accordance with that certain plat
THIS DEED OF BOUNDARY LINE ADJUSTMENT AND EXCIIANGE made
and dated this 7'" day of March, 2006, by and between STUART M. PERRY,
INCORPORATED a Virginia Corporation, hereinafter "Perry". and R AND T PACKING
CORPORATION a Virginia Corporation, hereinafter "R &T".
RECITAL&
A. Petry is vested with title to that certain tract of land containing 235.101 awes,
more or less, situate along the western side of Virginia State Route 37, in Back Creek
Magisterial District, Frederick County, Virginia; and being a portion of lands acquired by
Stuart M. Perry, Inc. by that certain Deed dated April 13, 1999, of record in the Clerk's
Office of the Circuit Coun of Frederick County, Virginia as Instrument No. 990004178
(Deed Book 933, Page 1412), Tax Map 1Q53-A-88 (th "Perry Tract").
B. R &T is vested with fee simple title to that certain tract of land containing
117.6726 acres, more or less, situate northwest of Merrintans Lane in Back Creek Magisterial
District, Frederick County, Virginia; and being a portion of the lands acquired by R and T
Packing Corporation by Deed dated December 14, 1983, of record in the aforesaid Clerk's
Office in Deed Book 570, at Page 489, and by Deed of Correction dated June 6, 1988, of
record in the aforesaid Clerk's Office as Instrument No. 680004264 (Deed Book 683, Page
740), by Deed of Exchange dated March 7, 2006, of record in the aforesaid Clerk's Office as
Instrument No. 060005967 and by Consolidation of Lots dated March 7, 2006, of
record in the aforesaid Clerk's Office as Instrument No. 0 2 0 (o ?.q„'7v Tax Map No.
52- A -313A (the "R&T Tract"). The R&T Tract is more particularly described by that
certain plat titled "Plat of Consolidation Of The Lands Of R and T Packing Corporation"
dated March 6, 2006, drawn by Douglas C. Legge, L.S., which plat is attached to and made a
part of the aforesaid Consolidation of Lots dated March 7, 2006, of record in the aforesaid
Clerk's Office as Instrument No. O (o a 9
C. The parties have agreed to adjust the common boundary line between a
portion of the Perry Tract and the R&T Tract so as to create that certain tract or parcel of land
owned by by Perry containing 239.923 acres, more or less, and that certain tract or parcel of land
e o n m, rovcm...:•rj_
Mlrbeel L. Bryn
9 Court Square
2 Floor
Wteeberter, VA
tit led "Boundary Line Adjustment Between The Lands Of Stuart M. Perry, Inc. R and T
Packing Corporation" dated March 6, 2006, drawn by Douglas C. Legge, L.S. (the "BLA
Plat as more fully set forth hereinafter.
D. This Boundary Line Adjustment is made in consideration of a
contemporaneous conveyance by Deed of Exchange dated March 7, 2006, of record in the
aforesaid Clerk's Office as Instrument No. 060005967 whereby Perry conveyed Lot 19,
Roscommon, Section Three unto R&T.
E. The correct corporate name among the records of the State Corporation
Commission is Stuart M. Perry, Incorporated. Perry has been previously refereed to in prior
instruments as Smart M. Petry, Inc.
NOW, THEREFORE, WITNESSETH: That for and in consideration of the
premises conveyed, and other good and valuable considered deemed adequate at law, the
receipt and sufficiency of which is hereby acknowledged, the parties do agree as follows:
1. The Recitals are incorporated herein and made a material part hereof as if set
out in full.
2. R&T hereby grants and conveys, with general warranty of title, unto Perry, in
fee simple, that certain lot or parcel of land, containing 4.8222 acres, more or less (the 'BLA
Parcel as more particularly described attached BLA Plat.
3. R&T hereby adjusts and confirms the boundary lines of the R&T Tract,
containing 112.8504 acres, more or less, as more particularly set forth on the attached BLA
Plat.
4. Perry hereby adjusts and confirms the boundary lines of the Perry Tract,
containing 239.923 acres, more or less, as more particularly set forth on the attached BLA
Plat.
5. The County consents to this boundary line adjustment as evidenced by its
execution of the attached BLA Plat.
6. The conveyance and adjustment of the boundary lines of the R&T Tract and
the Perry Tract is made subject to all easements, rights of way and restrictions of record
affecting the subject properties; provided, however, that the foregoing shall not be deemed in
MkMoel L Bryon
9 Court Square
2" Poor
Wioraeo4r, VA
STATE OF VIRGINIA, AT LARGE,
CITY OF WINCHESTER, to-wit:
THIS INSTRUMENT PREPARED BY:
Michael L. Bryan, Esquire
9 Court Square, 2e Floor
Winchester, Virginia 22601
540/5454130
MLBlpnn
<:ukay■bry RAT BU
3 -22-06
0
crt
.n
Go
any way to reinstitute or republish any restrictions of record that may have expired or lapsed
WITNESS these signatures and seals:
STUART MERRY ORPORATED
a Virg.
B E/ re' ld/ (SEAL)
Dennis W. Perry, President
R AND T PACKING CORPORATION
a Virginia tporation
B `K 1 Rdb a (SEAL) el y inson, President
The foregoing instrument was acknowledged before me on the e 7t7 n day of March,
2006, by Dennis W. Perry as President of Stuart M. Perry, Incorporated, whose name is
signed to the foregoing Deed dated the 7th day of March, 006.
My. Commission expires 'l 1
NOTAR PUBLIC
4
STATE OF VIRGINIA, AT LARGE,
CITY OF WINCHESTER, to-wit:
The foregoing instrument was acknowledged before me on the 2 day of March,
2006, by J. Kelly Robinson as President of R and T Packing Corporation, whose name is
signed to the foregoing Deed dated the 7 day of March, 2006.
My Commission expires 431 L�1�
NOT Y PUBLIC