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HomeMy WebLinkAbout04-10 DeedU) i~ �+ o v o �z a, QJ a b� 4J ., E �+ o 0 U H OREOORY V. ATT OFNEY Ai L1 w 724 9. BRADDOCK sT. "NCHEBTER. VA 22B07 900i0ow ;; THIS DEED, made and dated this day of September, 2009, by and between LAKE ST. CLAIR, INCORPORATED, hereinafter called the Grantor; and JOHN E. McALLISTER and JOHN E. McALLISTER, JR., hereinafter called the Grantees. WITNESSETH: That for and in consideration of the sum of Ten Dollars, and other valuable consideration, the receipt of which is hereby acknowledged, the Grantor does hereby grant and convey with General Warranty and English covenants of title unto the Grantees, jointly, with common law right of survivorship, the following property: All that certain lot or parcel of land, lying and being situate about one and one-half miles west of Cedar Grove, in Gainesboro Magisterial District, Frederick County, Virginia, and more particularly described as LOT 1 of LAKE ST. CLAIR INCORPORATED, the Deed of Dedication and Plats of which are recorded in the Office of the Clerk of the Circuit Court of Frederick County, Virginia, in Deed Book 256, at Page 127; AND BEING the same property conveyed to Lake St. Clair, Incorporated by Professional Foreclosure Corporation of Virginia by deed dated June 23, 2009, of record in the aforesaid Clerk's Office as Instrument No. 090007966. Reference is hereby made to the aforesaid instruments and the attachments and the references therein, contained, for a more particular description of the property hereby conveyed. This conveyance is made subject to all easements, rights of way and restrictions of record, if any, affecting the subject,property. r w •r WITNESS the following signature and seal: I A K eT CL 11R, JL, ORP _A T IL" (SEAL) TUPPER H. DOR ;�Y, ?resic.ent STATE OF VIRGINIA, iI CITY/ iY OF Win c�he--A� , to -wit: 74e foregoing instrument was ac tnowledged before me in my City/County and State this i q day of September, 2009, by TU? --1-1 i1. DORSEY, President of LAKE ST. CLAIR, INCORPORATED. i My Commission Expires: 7 G St �o MARY PAULA WILSON�l-'� �-- NOTARY PUBLIC i1 O i _ Y ?IJ -3 of Mmink Reg. #138M VIRGINIA: FREDFRICK COUNTY.SCT. This instrument of writing was produced to me on and with certificate acknowledgement thereto annexed was admitted to record. Tax imposed by Sec. 58.1-802 of I q , and 58.1-801 have been paid, if assessable. -�� /-.to J-14-0 Clerk OREUDRY F. HUTCHINBON ATTORNEY AT LAW 124 S, BRAODbCK ©T VINCHESTER, VA 2PS09 Beginning at 25 feet West of (D) ther. 1 rnence S 28 deg. 31 min. W 190 feet to (T point NN 43 deg. 54 min. w 187.8 feet to (G). RICHARD U. GOGli� er ieurveyor, VIRGINIA January 7, 1959. M (FREDERICK COUNTY, (SCT. This instrument of writing was produced to me on the 13th day of Feb- �ir'uary 1959 at 9:47 A. M. and with certificate of acknowledgment thereto annexed was �! admitted to record. SQ9 ,0 ,CLERK ¢#184 LAKE ST. CLAIR, INC. TO DECLARATION THIS INSTRUMENT made this 30th day of January, 1959, for recordation t contemporaneously and along with the attached plat of lots entitled "Lake St. Clair) Located About 1.5 miles West Of Cedar Grove And Situate In Both Gainesboro ,Inc.,I'And Stonewall Districts, Frederick County Vir inia p , g ,."which plat is made a part of I Il this Instrument and incorporated herewithiby reference. WHEREAS, Lake St Clair, Incorporated, is the owner of certain lots ofd Mand and private roads and roadways and private lake, private beach and private sho r areas as described and set forth on the attached plat; which said land was conveyedu rto Lake St. Clair, Incorporated, by the following deeds; (1) Deed dated October ; 29,r 1958, from Arthur C. Clark, et ux, at Deed Book 254, page 572; (2) Deed dated Jan - lug 17, 1959, from Arthur C. Clark, et ux, at Deed Book 2 i 55, page 560; and, (3) I 7Deed dated January 30th, 1959, from John G. Goodwin, et ux, at Deed Book 2 6 S 5 . page 1185, all of record in the Clerk's office of the Circuit Court of Frederick County, if, Virginia; and, I WHEREAS, the said Lake St. Clair, IncorporatedI' pursuant to its by-laws, %,does intend and does hereby restrict the said lots on.the attached plat, which plat Yhas been approved by the Frederick County Board of Supervisors and the Frederick County Health Department. l NOW THEREFORE, WITNESSETH: That the said lake St. Clair, Incorporated, does hereby make the follol ing declarations as to limitations, restrictions and uses to which the lots and othAI property of the Corporation may be put, hereby specifying that said declarations shall constitute covenants to run with the land and shallpbe binding on all parties and all persons claiming under then, and for the benefit of and limitations upon all future owners of lots described on said plat, this declaration of restrictions ;ablelbeingidesigned for the purpose of keeping said property desirable, uniform and suit' design and use as herein specified; 1 1. That neither the Corporation, its successors or the grantees of the 'Corporation, their heirs, assigns will request the Board of Supervisors of the Virgin ighway Department of Highways that said streets be taken into the highway system un-.. til the lot owners have brought the said -roadway described on said plat up to the specifications of the Virginia Department of Highways and the Board of Su of Frederick County, Virginia. pervisors 2. That no building nor structure which shall be used for any purpose except a residence, or appurtenances thereto, shall be erected or placed upon said lots. 3. No residence except one designed for the occupancy of one single family shall be erected or maintained upon p any one lot. 4. A sanitary disposal system shall be erected and maintained upon each lot by the lot owner, which sanitary systemshall be erected and maintained � in accordance with the sanitary code of the State of Virginia and the County of S 1 5. No residence or appurtenance shall be erected or maintained upon qq `C3�C.S M r any within twenty-five feet of any boundary It is further intended and by this _ itrument the said Corporation does hereby declare the intent of this instrument to include the following: 1. That the said Lake St, Clair, Incorporated, expressly reserves the fee simple absolute title in all of the streets, roads, roadways, bridges, lake, streams, runs, beach areas and that portion of the shore property of said lake sit i ate between the lot lines and the water line of the lake, as shown on the,attaahed plat, and to all other retained land of the Corporation. 2. That it is not the intention of the said Corporation, nor does the. jsaid Corporation deed or vest any title or right of any kind.in any of the areas mentioned in the paragraph immediately preceding in or to either the public, thp, i 4 Commonwealth of Virginia, or the County of Frederick, but expressly reserves ,the' same, it being the intention of the Corporation to reserve as private land and appurtenances of the Corporation, the said streets, roads, roadways, bridges, fake; streams, rune, dams, beach areas and that portion of the said shore property of I said lake situate between the lot lines and the water line of the lake as shown on the attached plat and all other retained land of the Corporation: �I 3. The Corporation does by this instrument, hereby give its grantees an easement of right of way to use the roads roadways and bridges dges of the Corporal"I n for the purpose of ingress;"egress and regress to such grantees,and-their invitees.) 4. It is the further intent of the said Corporation to reserve the said beach areas, dams and the shore property of said lake situate between the lot lines and the water, line of the lake as shown on the attached plat, and it is not intended that grantees from the -Corporation or lot owners acquire any title or,righa in and to said reserved and retained areas of the Corporation. 5—Each of the covenants an& agreements herein contained are severable and in the event that any one or more of such agreements and covenants shall be found illegal or unenforceable in law, the remaining legal and enforceable covenant shall be binding upon the Corporation, their successors and assigns and or. the - grantees from the Corporation, and their successors, heirs, distributees, personal representatives and assigns. WITNESS the following signature of lake St, Clair, Incorporated by it President, Ferman W. Perry, and the seal of said Corporation, duly affixed and attested by its Secretary, Robert S. Boyd; this date above written: (SEAL) LAKE ST. CLAIR, INCORPORATED Attest: By: FERMAN W. PERRY —` ROBERT S. BOYD President- Secretary rest enSecretary _ State of Virginia, ✓ County of Frederick, I, Kathleen R. Kline, a Notary Public in and for the County -and State aforesaid, do hereby certify that Ferman W. Perry and Robert S, Boyd, whose names are signed to the foregoing writing, bearing date January 30, 1959'as President and Secretary, respectively, of Lake St. Clair, Incorporated, have as appe - ed before me and acknowledged the same as their act and deed in my County and State aforesaid. My commission expires June 19, 1962,- Given under my hand this 30th day of ;January, 1959. KATHLEEN R. KLINE Notaryllublic