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HomeMy WebLinkAbout06-10 Deedc-� DEED g THIS DEED, made this F.1- day of May, 2001, by and between MIKE 'WEBER, WEBER and KAREN H. husband and wife, hereinafter called the GRANTORS; JAY M. BERGMANN and CYN'T'HIA A. BERGMAN, husband and wife, hereinafter 'called'°the GRANTEES. to Ln A N� WITNESSETH: �.° THAT, for and in consideration of the sum of TEN DOLLARS ($10.00) and '' other good and valuable consideration, receipt of which is hereby acknowledged, the GRANTORS do hereby grant and convey, in fee simple, as tenants by the entirety with the right of survivorship between them as at Ncommon law, with General Warranty and English covenants of title, unto the GRANTEES, all the following real estate together with the improvements hereon and the appurtenances thereunto belonging: All those three (3) lots or parcels of land lying and being situate in Gainesboro Magisterial District, Frederick County, Virginia and designated as Lots No. 20, 21, and 22, on the plat of Lake Serene, which plat is of record in the Clerk's Office of the circuit Court of Frederick County, Virginia, in Deed Book 355, at Page 147; and further more particularly described by plat and survey dated September 5, 1995, drawn by Charles E. Walls, Jr. L,S., recorded in Deed Book 845, Page 375. And being the same property conveyed to Mike Weber and Karen H. Weber, husband and wife, by Deed from David P. Lewis and Carolyn S. Lewis, his wife, dated September 8, 1995, recorded September 8, 1995, in Deed Book vNN 845, Page 373, among the land records of Frederick County, Virginia. This conveyance is made subject to covenants, conditions, restrictions, M MM easements and rights of way of record. The GRANTORS covenant that said GRANTORS have the right to convey the aforesaid property; that the GRANTORS have done no act to encumber said property; that the GRANTORS will execute such further assurances as may be requisite. ' I WITNESS the following signatures and seals: (Seal) Mike Weber `fes (-,6 &-Za- L -, Karen H. Weber STATE OF VIRGINIA CITY OF WINCHESTER The foregoing Deed was acknowledged before me this the 0�1-day of May, ..,2001 by Mike Weber and Karen H. Weber. S}^'C R ), ccM,, Commission Expires: Ct• 2 PA00� n 0 1 Notary Public VIRGINIA' FREDERICK COUNTY, SCC. This instrument of writing was produced to me on at L: 2. and with certificate of acknowledgerbent thereto annexed was admitted to record. Ta imposed by See. 58.1-802 of sV i E SJ-1 ,and 58.1-801 have been paid, if assessable 4,w A �.Clerk laM/Caf 10/27/93 R" XOKAHM ENGLC kfua & MITCHELL AYTeRH rs Ar uw 6aswauna, vMawu IMUCHEUT", Vwtvn% BKBII FG1392 THIS AMENDED DECLARATION OF RESTRICTIVE COVENANTS, dated this 18th day of October, 1993, by the following owners of all lots and property in "Lake Serene" subdivision: LAKE SERENE. ,QVC., (common area); OLAV E. KULSTAD and LINDA WARD KULSTAD, his wife, (Lots 1 and 2A); ELLEN TERRY ALGER, unmarried, and JEAN E. j= and ELLIS FORD, her husband, (Lots 2E and 3); H. W. $ TLER, JR. and ROSE ELLEN R. BUTLER, his wife, (Lot 4); ) DONN R. BESSELIEVRE, widower, (Lots 5 and 6); PAUL A. HOLLY and KARIN R. HOLLY, his wife, (Lot 7); RALPH E. SLAUGHTER and ETHEL B. SLAUQ_1LTER, his wife, (Lot 8); RALPH R. ABRIOLA and LINDA T. AERIOLA, his wife, (Lots 9 and 10W); GORDON L. WINEMAN and ANITA M. W INE"HAN, his wife, (Lots IOE and 11) ; GERALD A. GILDERSLE?,,.VE and MARY B. GILDERSLEEVE, his wife, (Lot 12); W. H. LO_UTHAN, JR. and CATHERINE C. LOUTHAN, his wifa, (Lot 13); ALFRED B. VERNON and ETHEL J. VERNON, his wife (Lot 14); S.NMUEL G. LONiZ and GAIL D. LONG, his wife, (Lot. 15); GREGORY S. RHODES and KIMBERLY E. 0 ES, his wife, (Lots 16 and 17); DELMAR A. RAYLTSS and L. MARIE SS, his wife, (Lot 18); JAMES T. IND€RSON, JR., unmarried (Lot 9) D , 1� ; DAVID P. LEWIS and Cn,tcvuin S. LEWIS, his wife, (Lots 20, 21 and 22); STEPHEN R. SLAUGHTER and DEBORAH J. SLAUGHTER, his wife, (Lot 23); WELLINGTON H. JOjjBS and SUSAN L. JONES, hiE wife, (Lot 24); WILLIAM G. WEB__ STER and nE.11FISE S. WEBSTER, his wife, (Ldt 25) ; DAVID T. ,moiM and MICHELE T. GWYER, his wife, (Lot 26); CHARLES J. RHOLIDES, widower, (Lot 27); D. MICHAEL PEASLEY and DEBRA J. PEASLEY, his wife, (Lot 28); DOUGLASS 0. HILL and ROBERTA W. HILL, his wife, (Lot 29); JAMES H. MLEY and INGE K. FRALEY, his wifa, (Lot 30); CHRISTOPHER P. LEWIS unmarried (Lot 31) WILLIAM R. WARD, JR., unmarried, (Lot 32); THOKU SULLIVAN and PHYLLIS H. SULLIVAN, his wife (Lots 33 and 34); ALVIN F. RICH and EVELYN T. RICH, his wife, (Lots 35 and 36) ; PRESTON I. M2EEE_TT, JR., unmarried, (Lots 37, 38 and small portion of 39); s EK8i Li'GI399 I 1 hereafter encumbering any Lot. Sale or transfer of any Lot shall not affect the assessment lien. Section 8. exempt Property: The Properties shall be exempt from the assessments created herein. ARTICLE VI RESTRICTIVE COVENANTS All Lots shall be subject to the following restrictive covenants which are constituted covenants real to run with the I� land: 1. LAND USE: No lot shall be used except for single family residential purposes. No residence, structure, lot, or parcel of land shall be leased or rented. 2. BUILDING TYPES: (a) Except as herein authorized, no bu;.lding or structure of any kind shall be erected, altered, placed, or permitted to remaii on any lot, other than a permanent single family dwelling. I (b) Except with the written consent of the Board for temporary placement, no tents, recreational vehicles, campers, mobile homes, shacks, or similar vehicles or structures shall be placed on any lot, temporarily or. permanently. (c) One (1) separate storage building, not larger than two hundred (200) square feet, shall be permitted on each lot. No other �'ntached garage or structure sha]l be permitted j �n any lot in addition to the single family residence, unless the detached garage or structure, and the location and design thereof, is approved by the Board of Directors. (d) Outhouses shall not be permitted on any lot, except that a commercial portable sanitary toilet may be used during construction j of a dwelling. (e) Structures shall be constructed of 'i wood, logs, stone, brick, Or composition, and may be of a contemporary design, but must be finished in such a manner to be compatible with, and not detract from, the natural beauty of the surrounding land. No structure shall be placed on any lot which has exterior HALL, MoNAHRH, ENeu �; construction of vinyl or aluminum siding. HAW & MITCHELL ATTORNKY15 AT UW 3. APPROVAL OF DESIGN: No structure, or any part UndURG.VIROMM thereof, shall be constructed, altered, s 0,01 ! ps 11,00 renovated, or improved on any lot until the exterior plans and design thereof have been approved in writing by the Board of Directors of the Association. 4. MINIMUM FINISHED SPACE: No dwelling shall be erected on any lot which contains less than eighteen hundred (1,800) square feet of finished living space, exclusive of porches and garages. 5� CONSTRUCTION OF DWELLINGS: Construction of a dwelling on any lot shall be completed within twelve (12) months from the commencement of construction, including grading, seeding, and landscaping. 6. SETA,ACXS,� No structure, satellite dish, or enna shall be located on any lot less than twenty-five (25) feet of the lake front property line or fifteen (15) feet of any side lot line or twenty-five (25) feet of the front (road) lot line. 7. FENCES: In order to preserve the natural beauty of the subdivision, no fences shall be permitted on any lot or lot lines, ,except fences may be constructed on exterior property lines on the following properties: Lot 14, Lot 42, Lot A, Lot B, and the common property of Lake Serene, Inc. (For purposes of this section, "exterior property line" shall mean a property or lot line separating the common areas and lots of Lake Serene subdivision from property not in Lake Serene subdivision, with Lots A and n (now owned by Additional Declarant) being considered as lots in Lake Serene subdivision.} 8. CLOTHES LINES: All outdoor clothes poles, clothes lines, and similar equipment shall be placed or screened by shrubbery so as to not be visible from any roads or lake within, the subdivision. 9. GP.RBAGE AND REFUSE DISPOSAL: Garbage and trash shall be stored in Closed Containers and disposed of in accordance with the laws of Virginia and the ordinances of Frederick County, 10. ANIMALS: No animals may be kept upon any lot except domestic pets, except that in no case shall animals be kept on any lot for commercial purposes and/or in unusual numbers. Riding horses may be kept in areas approved in writing by the Board of Directors. In the event a vicious or objectionable pet is kept on any HALL. MOKAHAN, Dgu I, lot, the same may be ordered in writing by the Mm m Q NIrCKzLL I Board of Directors to be removed upon a finding ATTO"XYA AT LAW by the Board of Directors that such is in the ucMUR0. VIROlHu best interests of other owners and the W1"=H9XT9R, 41A44HIA �nurrt.w � r.r,aa P.G UK845PUG313 r6 110 TLUS DEED, made and dated this 0 day of September, 1995, by and between DAVID P. LEWISand CAROLYN S. LEWIS, his wife, parties of the first part, hereinafter called the GRANTORS, and MIKE WEBER and KAREN H. WEBER, husband and wife, parties of the second part, hereinafter called the GRANTEES. WITNESSETH: That for and inconsideration 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 Grantors do hereby grant and convey with General Warranty of Title and English Covenants of Title unto the Grantees, in fee simple, as tenants by the entirety with common law right of survivorship, the following described property and appurtenances thereto belonging: All those three (3) lots or parcels of land lying and being situate in Gainesboro Magisterial District, Frederick County, Virginia, and designated as Lots No. 20, 21, and 22, on the plat of Lake Serene, which plat is of record in the Clerk's Office of the Circuit Court of Frederick County, Virginia, in Deed Book 356, at Page 147; and further more pArticularly described by plat and survey dated September 5, 1995, drawn by Charles E. Walls, Jr., L.S., attached hereto and by this reference made a part hereof as if set out in full; and being the same property conveyed to David P. Lewis and Carolyn S. Lewis, his wife, from Lake Serene, Inc., a Virginia corporation, by Deed dated July 1, 1971, of record in the aforesaid Clerk's Office in Deed Book 379 at Page 177. Reference is here made to the aforesaid instruments and the attachments and the references therein contained for a further and more particular description of the property hereby conveyed. This conveyance is made subject to all easements, rights of way and restrictions of record affecting the subject property. r Except as noted above, the Grantors covenant that they hav0 the right to convey to the Grantees; that the Grantees shall have quiet and peaceable possession of the said property, free and clear from all liens and encumbrances; and they will grant such further assurances of title as may be requisite. BK845PGO 314 WITNESS the following signatures and seals: 1 P—c(SEAL) DAVID P. LEWIS (SEAL) CAROLYN S. LEWIS STATE OF VIRGINLI CITY OF WINWT , To -wit: a Notary Public in and for the State aforesaid, do hereby certify that David. wis and Carolyn S. Lewis, his wife, whose Th names are signed to the foregoing Deed, dated the 0 day of September, 1995, have personally appeared before me and acknowledged the same i(n' my State aforesaid. Given under my hand this Q day of U ! , 1995. 3 /y9� NOTARY PURL My Commission expires: i.amiriN � P�nox, l.C. \, q rA lr HA//� gilt L/ TSL! .-• 1 ° ! A .r V r[7 rArr HAI/� GUARD RAIC \ d .a 'i SET �� ALUMINUM PIN �- ' FOUND v i1T '1 � ' DOCK O i ' � F N . 1 •�•, per, S 6K845PG03 REBAR 3` rj REBARFOUND ``• SET ND EDCF OK" E LOr 20S 517if;3rap REBAR cp LX-` 29,553 SO. FT. �; ~ T4o24" Tri ,• ` °• $` ALUMINUM PIN 1m APS O'nMATF ( ONE C FOUND 1 BOLTIVDARY LOTS 20, 21 & 22 N 1 °°`•, & ••� ALUMINUM PIN O 00 I (703)667-1103 LAKt SERENE J FOUND s. I x6.1' SFE HOUSE DETAIL D® BOOK 356 PACE 152 x£LL 1-25' s FREDERICK �NTY NRGINIA 710 N \•,poo°` �,+. r, -Ol X4.5 Ln DRIVEWAY I AL UAlNUA PIN p \ UAST -Z- FOUND U) \ REBAR I It �J SET I a urnH7Y 77#5 IS TO CERRTY THAT ON SEPIEM@ER 5, 1995 •° I POLE - L MAGE AN ACCURATE SURVEY OF THE PREAISES z 4 \ N , SHOWN HEREON, AND THAT THERE ARE NO EAS£- G DIV 7H£ h AENrS OP EN09OACHMEN75 N911L£ CROUNO OTHER THAN THOSE SNONTY HEREON. 1 °, 0� tn \ •;g �• NOTES.' ALUMINUM PIN FOUND !. TAX ASSESSMENT MAP N0. JIB -1-20,27 A 22 T^ RfBARI 1 2. CURRENT INSTRUMENT IN CHAIN OF RILE /S SET ly 47175%48' W I DEED BOO[ J79 PAGE 177 U7BJrr i.; rn Unu 7Y 3.0' OVERHANG Jf OO POLE �•' \ \ �V`,. POLE Oyly__ \ 75.00' REBAR FOUND GONGRE7£47 PA RO ICLWLN£7E PA n01 - `lEtEPHOY£ -- - I BELOW 0£CK I t----'_-------- I � � '�-""___'-___" MAS S7EP5 '---- ------------ _ 53.2' ONEII. 2 STORY ~o q rA lr HA//� gilt L/ TSL! -' RESIDENCE PANEL: 0105 8 DATE 07-17-78 STEPS , _ h f 251 o I O N CH/M. N 6.0'. 32.4' 1.9' 1 ASSOC ES �./�.k(�'jj G SURVEYORS STOOP HOUSE LOCA AON SUR WY ,�, sTEPS py `'� `, coNCRETE .newT<v II.d`wwIY..I�A�QM W,T ,dMIled m roma. Ta, Impomd h Sec.5Bs4.1 d LOTS 20, 21 & 22 SIDEWALK o . (703)667-1103 LAKt SERENE SMNE �' HOUSE '` DETAIL D® BOOK 356 PACE 152 WALL ''y. SCALE. 1-25' FREDERICK �NTY NRGINIA TTAS PLAT NAS BEEN PREPPREO WIiNWT IME BENEfTT OE A TITLE RE ", DATE.- SEPTEMBER 5, 7995 ANp DOES NOT NECESSARILY INDICATE ALL ENCTIAIBN OIE PROPEPIY RANCES O. ; CHAIREES E. 19ALL.% As. V1R61N/A CEN71FICAW (gyp pp7945 LG SCALE 1'-80' ON1YER. LEWS PURCHASER: WHER W.O % 95J48 FLOOD NOTE — ZaVE- A & C COMMUNITY NO. 570063 PANEL: 0105 8 DATE 07-17-78 ARCH[TECTS ENGINEERS PLANNERS ASSOC ES �./�.k(�'jj G SURVEYORS Thr.In BIFNEDE dilCp1NTY•SOT. rnr, malQrum..a a mluq w,. producert m ma an me 4• 3078 SHAWNEE DRIVE P .newT<v II.d`wwIY..I�A�QM W,T ,dMIled m roma. Ta, Impomd h Sec.5Bs4.1 d P.O. BOX 2033 WINCHESTER. VIRGINIA 22601 C S�t�5654 h—b—p.1d•R...ss.de- (703)667-1103 CLERK • C1;1„ "S E. NtA1. DATE 5I00r `'• � �nn� �l,','r•a i` 'il ` IMs S7,i74EY !S NTW vi 79 -AN fVB V - OA)271 AAO SL,uHfD IYIN�AN EVBO.SSfD gAL a