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HomeMy WebLinkAbout03-18 DeedV. SURVEY PLAT & DEED 140000018 CD THIS TRUSTEE'S DEED, made and dated this 30`h day of December, 2013 by and between GREGORY W. BOWMAN, TRUSTEE, party of the first part, hereinafter called the Grantor, whose address is 203 East Boscawen Street, Winchester, Virginia 22601; and v c z JGR THREE, LLC, a Virginia limited liability comnanv. ELLEN_ LLC a Virginia li—it. ,1 U liability company, LCR, LLC, a Virginia limited liability company, MDC THREE LLC, a 0 v d Virginia limited liability company, SUSAN SANDERS LLC, a Virginia limited liability H company, LIBERTY HILL L.0 , a Virginia limited liability company, THOMAS A. N DIC& TIMOTHY J. DICK and MICHAEL E. DICK, parties of the second part, N :C R. hereinafter called the Grantee. o i RECITALS: O u J A. By Deferred Purchase Money Deed of Trust dated February 24, 2006, of r c record in the Office of the Clerk of the Circuit Court of Frederick County, Virginia as Instrument No. 060003762, did convey the following described property to Jeffrey A. 4 d Hanley and Michael L. Bryan, Trustees, in trust to secure the payment of that certain r J Deferred Purchase Money Promissory Note in the original principal stun of $6,607,619.00 dated February 24, 2006, made by Carpers Valley Development, L.L.C., a Virginia limited liability company, and payable to JGR Three, LLC, Ellen, LLC, LCR, LLC, MDC'lhree, LLC, Susan Sanders, I.LC, Liberty Hill, L.C., Thomas A. Dick, Timothy J. Dick and Michael r E. Dick. o c B. By Deed of Appointment of Substitute Trustee dated June 12, 2013, of O C p O C � C; r '? record in the aforesaid Clerk's Office as Instrument No. 130007464, Gregory W. Bowman ry v. Q v was appointed as Trustee in the place and stead of Jeffrey A. I Ianley and Michael L. Bryan. o — � j a C. Default was made in the repayment of said indebtedness, and notice of default, Cl c acceleration and sale duly given to said Carpers Valley Development, L.L.C. in compliance U Q F with the terms of the said Decd of Trust and as required by law. D. Notice of this sale, as required by Section 55-59.1 of the Code of Virginia, as ichael L. Bryan amended, has been given by the Trustee. VSB #15737 b S. Braddock St. E. The Deed of Trust provided for sale by the Trustee in the event of default in Vinchester, VA the payment of the debt secured, and there was default in the payment of the debt as and when due, and at the request of the beneficiary of the trust, who is the holder of the indebtedness, the Substitute Trustee did thereupon declare all of (lie debts and obligations secured by the Deed of Trust at once due and payable, and proceeded to advertise the property for sale at public auction by newspaper advertisements on December 14, 2013, December 21, 2013 and December 28, 2013 in The Winchester Star, a newspaper having general circulation in Frederick County, Virginia, in accordance with the terms of said Deed of Trust, with the public sale thereof held on December 30, 2013 at 1:00 p.m., on the steps of the Frederick County/Winchester Joint Judicial Center, 5 North Kent Street, Winchester, Virginia 22601 (Kent Street side), at which sale JGR Three, LLC, Ellen, LLC, LCR, LLC, MDC "Three, LLC, Susan Sanders, LLC, Liberty Bill, L.C., Thomas A. Dick, 'timothy J. Dick and Michael L Dick became the purchaser of the property for the sum of Two Mil lion. Two Hundred Thousand Dollars and 00/100 ($2,200,000.00) being the highest bid submitted therefore and has directed that title to the property be conveyed to the Grantee herein. NOW, THEREFORE, WITNESSETH: That for and in consideration of the premises and the sum of Ten Dollars ($10.00), cash in hand paid, receipt of which is hereby acknowledged, the Grantor does hereby grant, bargain, sell and convey, with special warranty of title, unto JGR Three, LLC un undivided 1 percent interest, unto Ellen, LLC an undivided 16.42 percent interest, unto LCR, LLC, an undivided 16.41 percent interest, unto MDC Three. LLC an undivided 16.42 percent interest, Susan Sanders, LLC an undivided 16.42 percent interest. unto Liberty Hill, L.C. an undivided 27.03 percent interest, unto Thomas A. Dick an undivided 2.1 percent interest, unto Timothy J. Dick an undivided 2.1 percent interest, and unto Michael L. Dick the remaining undivided 2.1 percent interest, as tenants in common the following described property, to -wit: PARCEL ONE: All of that certain lot or parcel of land, together with all improvements thereon and all rights, rights of way, and appurtenances thereunto belonging, containing 107.4389 acres, more or less, more particularly described on that certain plat titled "Boundary Line Adjustment Between Governors Hill and Winchester Regional Airport" dated March 28, 2006, revised August 31, 2007, drawn by Cory M. Haynes, L.S., attached to that certain Deed of Boundary Line Adjustment ichael L Bryan dated September 21, 2007, of record in the Clerk's Office of the Circuit Court of VSB N15737 Frederick County, Virginia as Instrument No, 070015617, and incorporated herein by ri S. Braddock St. reference as if set out in full. ✓inchester, VA Tax Map No.: 64-A-86 Shaw nxa. bis rico PARCEL TWO: All of that certain lot or parcel of land, together with all improvements thereon and all rights, rights of way, and appurtenances thereunto belonging, containing 14.7423 acres, more or less, more particularly described on that certain plat titled "Plat Showing Right of Way Dedication & DedicationNacation of Various Easements on the Property of Carpers Valley Development, 1...L.C." dated May 11, 2007, revised November 28, 2007, drawn by Cory M. Ifaynes, L.S., attached to that certain Dedication for Street Purposes and Vacation of Easement dated January 4, 2008, of record in the aforesaid Clerk's Office as instrument No. 080002019, and incorporated herein by reference as if set out in full. Tax Map No.: 64-A-87 Parcel One and Parcel Two are a portion of the lands acquired by Carpers Valley Development, L.L.C., by Deed dated February 23, 2006, of record in the aforesaid Clerk's Office as Instrument No. 060003 76 1. This conveyance is made subject to all easements, rights of way and restrictions of record affecting the subject property; 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. [Signature appears on the following page.] lichacl L. Bryan VSB #1.5737 6 S. Braddock St. Vinchester, VA L_J WHIT ESS the following signature and seal: _SIAL) GREGORY W. BOWMAN Substitute Trustee STATE OF VIRGINIA, AT LARGE, City of Winchester, To -Wit: The foregoing instrument was acknowledged before me, a Notary Public in and for the State and City aforesaid, this 30`h day of December, 2013, by Gregory W. Bowman, Substitute 'I rustee. r Nly commission expires 0� d) NOT RY P in,IC A4t 13 pmn .••,��S M..�iE�/�ir c:`.Foreelosure,Carpers Valle} Deed ��•-�� •' ti i C : paoc * � pE(i. N l3�atia •: �r tpYCONIMISSO'•+ IIIIJIet11111��, VIRGINIA: FR ;DERICK COL'NTY.SM'. This instrument of writing was produced to me w and with certificate ack;l;.r.._ n.r:u l!t I nr eer. was admitted to record_ "1 cJ h) J :>, i -No' o! x'21593` , and 58.1-801 have been paid, if asscsahl 4"4 )6,__� , Clerk ' ichael 1,. Bryan VSB #15737 16 S. Braddock St. Winchester, VA 070015617 0 0 U, THIS DEED OF BOUNDARY LINE ADJUSTMENT, made and dated this 21" day of September, 2007, by and between WINCHESTER REGIONAL AIRPORT AUTHORITY ("KOKV"), CARPER'S VALLEY DEVELOPMENT L.L.C., a Virginia limited liability company ("Carpers Valley"), GOVERNORS HILL L C , a Virginia limited liability company ("Governors Hill"), VIRGINIA DEPARTMENT OF TRANSPORTATION, for indexing purposes only ("VDOT"), and THE COUNTY OF FREDERICK, VIRGINIA, for indexing purposes only (the "County"). RECITALS: A. KOKV is vested with fee simple title to that certain tract of land, containing 228.00 acres, more or less (according to County of Frederick, Virginia tax records), situate southwest of Millwood Pike (Route 50/17) in Shawnee Magisterial District, Frederick County, Virginia, Tax Map No. 64-A-79 ("KOKV Parcel #1"). B. KOKV is vested with fee simple title to that certain tract of land containing 37.442 acres, more or less, situate southwest of Millwood Pike (Route 50/17) in Shawnee Magisterial District, Frederick County, Virginia, Tax Map No. 64-A-88 ("KOKV Parcel #2"). C. Carper's Valley is vested with fee simple title to that certain tract of land containing 102.3888 acres, more or less, situate on the southwest side of Millwood Pike (Route 50/17) in Shawnee Magisterial District, Frederick County, Virginia, Tax Map No. 64-A-86 ("Carper's Valley Parcel #1"). D. Carper's Valley is also vested with fee simple title to that certain tract of land containing 21.9283 acres, more or less, situate west of Millwood Pike (Route 50/17) in Shawnee Magisterial District, Frederick County, Virginia, Tax Map No. 64-A-87 ("Carper's Valley Parcel #2"). E. Governors Hill is vested with fee simple title to that certain tract of land containing 117.5443 acres, more or less, situate on the west side of Millwood Pike (Route 50/17) in Shawnee Magisterial District, Frederick County, Virginia, Tax Map No. 64-A-83 ("Governors Hilt Parcel"). ichael L. Bryan F. KOKV, Carper's Valley and Governors Hill have agreed to adjust the Court Square Z' Floor ✓inchester, VA boundaries of KOKV Parcel #1, KOKV Parcel #2, Carper's Valley Parcel #l, Carper's Valley Parcel #2 and the Governors Hill Parcel so as to add 1.0554 acres, more or less, to -1- CD 0 uT• 0 KOKV Parcel #1, to subtract 0.8583 acres, more or less, from KOKV Parcel #2, to create "New Parcel 86" containing 107.4389 acres, more or less, "New Parcel 87" containing 17.9745 acres, more or less, and "New Parcel 83" containing 116.2509 acres, more or less, as more particularly described by that certain plat titled "Boundary Line Adjustment Between Governors Hill and Winchester Regional Airport" dated March 28, 2006, revised through August 31, 2007, drawn by Cory M. Haynes, L.S. (the "BLA Plat"), a copy of which is attached hereto and incorporated herein by reference as if set out in full, as more fully set forth hereinafter. Reference is further made to Sheet 3 of 7 of the BLA Plat as to the additions/subtractions from the aforementioned KOKV Parcel #1, KOKV Parcel #2, Carper's Valley Parcel #1, Carper's Valley Parcel #2 and the Governors Hill Parcel as referenced in this Deed of Boundary Line Adjustment. G. The County is vested with fee simple title to that certain tract or parcel of land containing 10.1321 acres, more or less, situate southwest of Millwood Pike (Route 50/17) in Shawnee Magisterial District, Frederick County, Virginia, designated as "New Parcel 82" on that certain plat titled "Boundary Line Adjustment Governors Hill Between Parcel 82 & Parcel 83" dated May 3, 2006, revised January 17, 2007, drawn by Cory M. Haynes, L.S., which plat is attached to and made a part of that certain Deed of Boundary Line Adjustment dated January 24, 2007, of record in the aforesaid Clerk's Office as Instrument No. 070001976, and being the same lands acquired by the County by that certain Deed of Gift dated January 24, 2007, of record in the aforesaid Clerk's Office as Instrument No. 070001 977,"fax Map No. 64-A-82 (the "County Parcel")_ 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. Recitals: The Recitals are incorporated herein and made a material part hereof as if set out in full. 2. Conveyances: Carper's Valley hereby grants and conveys unto KOKV, in fee ichael L. Bryan 11 simple, with special warranty of title, all of that certain lot or parcel of land, together with Court Square 2" Floor all improvements thereon, and all rights, rights of way and appurtenances thereunto Vinchester, VA belonging, containing 234,719 square feet/5.3884 acres, more or less ("Parcel A"), which -2- lot or parcel of land is more particularly described on the attached BLA Plat. KOKV hereby merges and incorporates Parcel A into the existing KOKV Parcel # 1. ii. Carper's Valley hereby grants and conveys unto KOKV, in fee simple, with special warranty of title, all of that certain lot or parcel of land, together with all improvements thereon, and all rights, rights of way and appurtenances thereunto belonging, containing 402,647 square feet/9.2435 acres, more or less ("Parcel B"), which lot or parcel of land is more particularly described on the attached BLA Plat. KOKV hereby merges and incorporates Parcel B into the existing KOKV Parcel #l. iii. KOKV hereby grants and conveys unto Carper's Valley, in fee simple, with special warranty of title, all of that certain lot or parcel of land, together with all improvements thereon, and all rights, rights of way and appurtenances thereunto belonging, containing 622,629 square feet/14.2936 acres, more or less ("Parcel C"), which lot or parcel of land is more particularly described on the attached BLA Plat. Carper's Valley hereby merges and incorporates Parcel C into the existing Career's Valley Parcel #1. iv. Governors Hill hereby grants and conveys unto KOKV, in fee simple, with special warranty of title, all of that certain lot or parcel of land, together with all improvements thereon, and all rights, rights of way and appurtenances thereunto belonging, containing 56,341 square feedl .2934 acres, more or less ("Parcel D"), which lot or parcel of land is more particularly described on the attached BLA Plat. KOKV hereby merges and incorporates Parcel D into the existing KOKV Parcel #1. KOKV hereby grants and conveys unto Carper's Valley, in fee simple, with special warranty of title, all of that certain lot or parcel of land, together with all improvements thereon, and all rights, rights of way and appurtenances thereunto belonging, containing 25,104 square feet/0.5763 acres, more or less ("Parcel E"), which lot or parcel of land is more particularly described on the attached BLA Plat. Carper's Valley hereby merges and incorporates Parcel E into the existing Carper's Valley Parcel #2. ichaet L. Bryan vi. KOKV hereby grants and conveys unto Carper's Valley, in fee Court Square 2' Floor simple, with special warranty of title, all of that certain lot or parcel of land, together with Vinchester, VA p 11 all improvements thereon, and all rights, rights of way and appurtenances thereunto -3- CO o rn N belonging, containing 37,388 square feet/0.8583 acres, more or less ("Parcel F"), which lot or parcel of land is more particularly described on the attached BLA Plat. Carper's Valley hereby merges and incorporates Parcel F into the existing Carper's Valley Parcel #2. 3. Confirmation of Boundaries: i. KOKV hereby ratifies and confirms boundaries of KOKV Parcel #1, whereby 1.0554 net acres, more or less, is added to the existing KOKV Parcel #1. ii. Governors Hill hereby ratifies and confirms the boundaries of the Governors Bill Parcel, containing 116.2509 acres, more or less, being more particularly described as "New Parcel 83" on the attached BLA Plat. iii. Carper's Valley hereby ratifies and confirms the boundaries of Carper's Valley Parcel #1, containing 107.4389 acres, more or less, being more particularly described as "New Parcel 86" on the attached BLA Plat. iv. Carper's Valley hereby ratifies and confirms the boundaries of Carper's Valley Parcel #2, containing 17.9745 acres, more or less, being more particularly described as "New Parcel 87" on the attached BLA Plat. V. KOKV hereby ratifies and confirms the boundaries of KOKV Parcel #2, containing 36.5837 acres, more or less, being more particularly described as "New Parcel 88". 4. Supplemental Drainage Easement: KOKV and Carper's Valley hereby grant and convey unto VDOT that certain permanent, appurtenant and perpetual drainage easement, 50' in width, being more particularly described as "50' Drainage Esmt Hereby Created" on the attached BLA Plat, together with the reasonable right of access thereto for purposes of maintenance and repair of said drainage easement. 5. Access Easements: i. Carper's Valley and Governors Hill hereby grant and convey unto the County and unto KOKV, and their respective successors and assigns, that certain non-exclusive variable width ingress/egress access and utilities easement over a portion ichael L. Bryan of the Governors Hill Parcel, Carper's Valley Parcel #1 and Carper's Valley Parcel #2 Court Square 2n° floor (the "Access Easement") for purposes of ingress/egress, access and the installation, Vinchesler, VA construction, repair, maintenance, reconstruction and/or removal of electric, gas, cable, -4- ichael L. Bryan Court Square 2nd Floor Vinchesler, VA telecommunication, water, sewer and other utility lines for the benefit of the County Parcel, KOKV Parcel #1 and KOKV Parcel #2. The Access Easement is more particularly described as "Variable Width Temporary UE, Access & Utilities Esmt" and "45' Temporary UE, Access & Utilities Esmt" on the attached BLA Plat. The Access Easement shall become null and void at such time as construction of a public road for public street purposes is completed and accepted for maintenance by the Virginia Department of Transportation providing ingress/egress to the County Parcel, KOKV Parcel #1 and KOKV Parcel #2 from Prince Frederick Drive or U.S. Route 50/17 (Millwood Pike); otherwise, the Access Easement shall in all respects be deemed permanent, appurtenant and perpetual, and shall run with the title to the Governors Hill Parcel, Carper's Valley Parcel #1 and Carper's Valley Parcel #2 for the benefit of the County Parcel, KOKV Parcel #1 and KOKV Parcel #2. Governors Hill hereby grants and conveys unto KOKV, and its successors and assigns, that certain non-exclusive permanent, appurtenant and perpetual access easement for purposes of ingress and egress over a portion of the Governors Hill Parcel, designated as "50' Access Esmt." on the attached BLA Plat (the "KOKV Access Easement"). The KOKV Access Easement shall run with the title to the Governors Hill Parcel for the benefit of KOKV Parcel # 1. 5. County Consent: The County consents to this boundary line adjustment as evidenced by its execution of the attached BLA Plat. 7. Matters of Record: The conveyance and adjustment of the boundary lines of the KOKV Parcel #1, KOKV Parcel #2, Carper's Valley Parcel #1, Carper's Valley Parcel #2 and the Governors Hill Parcel 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 any way to reinstitute or republish any restrictions of record that may have expired or lapsed. -5- ichael L. Bryan Court Square 2e° Floor Vinchester, VA O Cry WITNESS these signatures and seals: WINCHESTER REGIONAL AIRPORT AUTHORITY B Q A omp--_L>.. CNI M i . d (SEAL) Its:L�et.%A }6 kl f l i ce.eivc STATE OF VIRGINIA, AT LARGE, CITY/COUNTY OF FP4*A&K , to -wit: The foregoing instrument was acknowled d before me on the day of: ,. 2007, by Sereti� whQ: .. �1 tC v ism::tree �:reavgr— of Winchester Regional Airport Authority. •' VJ4 My commission expires 3//1OVA `~J y • 1�'Yrt ;CYZD77 LIC � .2-7 - s-- ,' Qlr, C -6- C) 0 rn Cn CARPER'S VALLEY DEVELOPMENT, L.L.C. By: MS CARPERS VALLEY INVESTORS, L.LACharles ging mber By: (SEAL) . Stuart, Jr. anager STATE OF VIRGINIA, AT LARGE, CITY/COUNTY OF FiAo" , to -wit: The foregoing instrument was acknowledged before me on the -40 'day of �kh! Fx— 2007, by Charles F. Stuart, Jr., Manager of MS Carpers Valley Investors, L.L.C., Managing Member of Carper's Valley Development, L.L.C., a Virginia limited liability company. ,......,,. ,.:'rj�rSlj Y My commission expires Si' IQ 4•. or K•; . NOTARY PUBLIC GOVERNORS HILL, L.L.C., a Virginia Limitei9 Liability Company By: MS CARPERS VALLEY INVESTORS, L.L.C., Managing Member By: l; (SEAL) Charles F. St art, Jr. anager STATE OF VIRGINIA, CITY/COUNTY OF FA irf4,- �w The foregoing instrument was acknowledged before me on the 2,0 `day of 2007 by Charles F. Stuart, Jr., Manager of MS Carpers Valley Investors, L.L.C., Managing Member of Governors Hill, L.L.C., a Virginia limited liability company. My Commission expires:�3li Loto $70116 2 = ` NOTARY PUBLIC r, - THIS INSTRUMENT PREPARED BY: -7- Michael L. Bryan 9 Court Square Winchester, VA 22601 540-545-4130 chael L. Bryan Court Square M,B/pmn 2" Floor CIkedMirport - Carpers - Gov Hill BLA dinchester, VA 9/17/07 -7- VICINITY MAP SCALE: I" = 2,000' APPROVED BY: FREDERICK COUNTY SUBDIVISION ADMINISTRATOR;�"GJ� WINCHESTER REGIONAL AIRPORT AUTHORITY M d D 0 SETBACK REQUIREMENTS: RA ZONING: TRADITIONAL 5 AC LOTS - FRONT = 60' REAR & SIDE ADJOINING RESIDENTIAL/VACANT = 50' ADJOINING AGRICULTURAL = 100' ADJOINING ORCHARD = 200' RURAL PRESERVATION LOTS - FRONT = 60' FROM EXISTING STATE MAINTAINED ROAD 40' FROM EXISTING PRIVATE I/E ESMT OR STATE MAINTAINED ROAD CONSTRUCTED TO SERVE THE SUBDIVISION SIDE = 15' REAR = 40' EXISTING DWELLINGS - SIDE & REAR = 50' ACCESSORY USES - SIDE & REAR = 15' R4 ZONING: REFERENCE ARTICLE VII OF THE FREDERICK COUNTY ZONING ORDINANCE. NOTES: 1. FREDERICK COUNTY PINs: 64-A-83, 64-A-86 & 64-A-87 (ZONED: R4); AND 64-A-79 & 64-A-88 (ZONED: RA). 2. BOUNDARY INFORMATION FOR PARCEL 86 IS BASED ON THE "COMPOSITE BOUNDARY SURVEY EXHIBIT PREPARED FOR MILLER AND SMITH", CERTIFIED FEBRUARY 6, 2006, PREPARED BY GREENWAY ENGINEERING. BOUNDARY INFORMATION FOR PARCEL 79 IS BASED ON THE DEED OF CONVEYANCE RECORDED IN DB 659, PG 175 AND THE PLAT RECORDED IN DB 800, PG 1693. BOUNDARY INFORMATION FOR PARCEL 83 IS BASED ON THE BOUNDARY LINE DED AS INST IS BASED ON THE BO NDARYN INEECOADJUSTMENT RECORDEDO1976. AS INST #070009451, BOUNDARYBOUNDARY INFORMATION F�INFORMATIONPARCEL7FOR PARCEL 88 IS BASED ON THE ORDER CONFIRMING COMMISSIONERS' REPORT RECORDED IN DB 423, PG 30: ALL AMONG THE LAND RECORDS OF FREDERICK COUNTY, VIRGINIA. THIS PLAT IS NOT BASED ON A CURRENT FIELD RUN SURVEY. 3. BASIS OF MERIDIAN IS NAD 83, VIRGINIA NORTH ZONE_ 4. PURSUANT TO AN EXAMINATION OF HUD FLOOD INSURANCE RATE MAP, COMMUNITY PANEL No. 510063 0115B, WITH AN EFFECTIVE DATE OF JULY 17, 1978. THESE PROPERTIES IE IN ZONE `C' (AREA OF MINIMAL FLOODING). 5. LOT CORNERS TO BE SET IN ACCORDANCE WITH FREDERICK COUNTY AND COMMONWEALTH OF VIRGINIA REGULATIONS. 6. PREPARED WITHOUT BENEFIT OF A TITLE REPORT. SURVEYOR'S CERTIFICATION: I, CORY M. HAYNES, A DULY LICENSED LAND SURVEYOR IN THE COMMONWEALTH OF VIRGINIA, HEREBY CERTIFY TO THE BEST OF MY KNOWLEDGE AND BELIEF, THAT THE PROPERTIES CONTAINED IN THIS BOUNDARY INE ADJUSTMENT ARE THE SAME PROPERTIES CONVEYED TO: CARPERS VALLEY DEVELOPMENT, L.L.C. INSTRUMENT X1060003761 AS TO PINs 64-A-86 & 64-A-87 WINCHESTER REGIONAL AIRPORT AUTHORITY DB 659, PG 175 DB 800, PG 1693 OF AS TO PIN 64-A-79 .i1�ALTH j'lfl p� WINCHESTER REGIONAL AIRPORT AUTHORITY DB 423, PG 30 U CORY M. HAYNES ]" DB 800, PG 1693 Lic. No. 2539 AS TO PIN 64-A-88 GOVERNOR'S HILL, L.L.C. INSTRUMENT #060007880 AS 70 l �d4. PIN 64-A-83 ALL AMONG THE LAND RECORDS OF FREDERICK COUNTY, VIRGINIA. BOUNDARY LINE ADJUSTMENT BETWEEN GOVERNORS HILL AND WINCHESTER REGIONAL AIRPORT SHAWNEE MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA SCALE: AS SHOWN DATE: MARCH 28, 2006 REVISED: AUG. 31, 2007 Patton Harris Rust 8 Associates Engineers. Surveyors. Planners. Landscape Architects. PHIiA 117 East Piccadilly Street Winchester, Virginia 22601 T 540.667.2139 F 540.665.0493 SHEET 1 OF 7 a OWNER'S CONSENT AS TO PARCEL .,6 & 87: THE ABOVE AND FOREGOING BOUNDARY LINE ADJUSTMENT OF THE PROPERTIES OF CARPERS VALLEY DEVELOPMENT, L.L.C., AS APPEARS ON THE ACCOMPANYING PLATS IS WITH THE FREE CONSENT AND IN ACCORDANCE WITH THE DESIRES OF THE UNDERSIGNED OWNERS, PROPRIETORS AND TRUSTEES, IF ANY. CARPERS EY DE OPMENT, L.L.C. 8Y: MS ERS L Y IN TORS, L.L.C., MANAGING MEMBER BY: CHARLES FC54UARTIJR.. MANAGER NOTARY PUBLIC STATE OF V! P61IJ/a THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE Ce)"y e6 r sfy-! f Tr O q/polo 7 0 (DATE) CITY/COUNTY OF fl7R F,4, -ME ON ` Z -G / O 7 BY (NOTAR PUBLIC) MY COMMISSION EXPIRES 5j/ 3112 OWNER'S CONSENT AS TO PARCELS 79 & 88: # '7,7 % y -Z THE ABOVE AND FOREGOING BOUNDARY UNE ADJUSTMENT AND DEDICATION OF DRAINAGE EASEMENT ON AND THROUGH THE PROPERTY OF WINCHESTER REGIONAL AIRPORT AUTHORITY, AS APPEARS ON THE ACCOMPANYONG PLATS IS WITH THE FREE CONSENT AND IN ACCORDANCE WITH THE DESIRES OF THE UNDERSIGNED OWNERt, _ PROPRIETORS AND TRUSTEES, IF ANY. WINCHESTER R REGIONAL AIRPORT AUI140PITY Ct II oZ, I 2007 I)Nanu 9 «. �;,,� � r (DATE`) . PRINTED NAME & TITLE Serena R. Manuel NOTARY PLtWC STATE OF t I m;4L CITY/CO(jNTY OF F;.d.nLlk THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE ME ON 11 �! ) By '' j11Cnd '• MY COMMISSION EXPIRES e-vA Zol(IY PUBhu bSQ! O OWNER'S CONSENT AS TO PARCEL 83. THE ABOVE AND FOREGOING BOUNDARY UNE ADJUSTMENT OF THE PROPERTIES OF GOVERNOR'S YIHILL, L e*, APPEARS ON THE ACCOMPANYING PLATS IS WITH THE FREE CONSENT AND IN ACCORDANCE WITH THE OESIR� W j.'l THE UNDERSIGNED OWNERS, PROPRIETORS AND TRUSTEES, IF ANY. GOVERNOR' HILL, L. .C. BY: MS PER V LLEY INI�STORS, L.LC., MANAGING MEMBER BY: / CHARLES F:'STUAR)(JR., MANAGER NOTARY PUBLIC I/ jf / N `//w/o % (DATE) STATE OF f CITY/COUNTY OF THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE ME ON BY CtV rle S F Sty-- , 7-.-. (NOTARY PUBLIC �) MY COMMISSION EXPIRES Duo- )nr,7 �P-TH OF ; CORY M. HAYNES Lic. No. 2539 BOUNDARY LINE ADJUSTMENT BETWEEN GOVERNORS HILL AND MANCHESTER REGIONAL AIRPORT SHAWNEE MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA SCALE: AS SHOWN DATE: MARCH 28, 2006 REV) D: AUG 31 C a 2007 i Patton Harris Rust & Associates Engineers. Surveyors. Planners. Landscape Architects. a r i A 117 East , Virginiaccadilly Street + Winchester, Virginia 22601 c T 540.667.2139 u F 540.665.049 quFcr 9 nc 7 LINE TABLE CURVE TABLE LINE CURVE RADIUS DELTA LENGTH TANGENT BEARING CHORD C7 25.00' 58'40'04" 25.60' 14.05' N75'57'49"W 24.49' C2 1630.00' 8'37'46" .245.50- 122.98' N50'56'40"W 245.27' C3 25.00' 58'40'04" 25.60' 14.05' N8435'35'W 24.49' C4 25.00' 58'40'04" 60' 14. DS' N84'35'35"W 24.49' C5 1630.00' 7'41'40" 218.90' 109.61' N51 -24'43"W 218.73' C6 1630.00' 0'56'06" 26.60' 13.30' N47'05'S0"W 26.60' C7 7991.20' 2'52'05' 400.00' 200.04' S05'53'09"W 399.96' C8 40.00' 45'06'22" 31.49' 16.61" S78'35'12'W 30.68' C9 1955.00' 5'27'45" 186.39' 93.27' N76'07'44'W 186.32' C10 1300.00' 4'29'27" 1 1.89' 50.97'N68'08'47"W 101.87' Cil 500.00' 13'49'13" 120.60' 60.60' S72'48'40"E 120-31' C12 787.00' 6'34'49" 45.24' S83'00'41 *E 90.34' C13 262.00' 26'10019.66' 154' 60.89' S16'09'35'E 118.63' C14 200.00' 16'39'7" 58.17' 29.29' SDO'46'25'W 57.97' C15 200.00' 137 9'45" 46.53' 23.37' 500'53'39"E 46.42' C16 50.00' 45'30'05" 39.71' 20.97' S31 *40'33"W 38.67' C17 707.50' 15'44'23" 194.36' 97.79' N78'25'54"W 193.75' C18 1 2022.50' 20'45'59" 733.04' 370.59' N80'56'42'W 729.03' U19 1377.50' 44'41'55" 1 1074.64' 566.34' N68'58'44"W 1047.60' C20 1 1697.50' 8'37'46" 1 255.67' 128.08' N50'56'40"W 255.42' Duo- )nr,7 �P-TH OF ; CORY M. HAYNES Lic. No. 2539 BOUNDARY LINE ADJUSTMENT BETWEEN GOVERNORS HILL AND MANCHESTER REGIONAL AIRPORT SHAWNEE MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA SCALE: AS SHOWN DATE: MARCH 28, 2006 REV) D: AUG 31 C a 2007 i Patton Harris Rust & Associates Engineers. Surveyors. Planners. Landscape Architects. a r i A 117 East , Virginiaccadilly Street + Winchester, Virginia 22601 c T 540.667.2139 u F 540.665.049 quFcr 9 nc 7 LINE TABLE LINE BEARING DISTANCE LINE BEARING DISTANCE Lt N70'18'36"W 145.94' L5 507.33'32'E 30.97' L2 S44'56'58"W 50.00' L6 N81'04'29"W 1.00' L3 S01'32'34"W 16.57' L7 N82'40'49"W 40.67' L4 S09'O6'22"W 83.31' L8 N5515'33"W 64.49' Duo- )nr,7 �P-TH OF ; CORY M. HAYNES Lic. No. 2539 BOUNDARY LINE ADJUSTMENT BETWEEN GOVERNORS HILL AND MANCHESTER REGIONAL AIRPORT SHAWNEE MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA SCALE: AS SHOWN DATE: MARCH 28, 2006 REV) D: AUG 31 C a 2007 i Patton Harris Rust & Associates Engineers. Surveyors. Planners. Landscape Architects. a r i A 117 East , Virginiaccadilly Street + Winchester, Virginia 22601 c T 540.667.2139 u F 540.665.049 quFcr 9 nc 7 NEW 64-A^E (O LEGEND: +5.3884 AC NEW 64—A-88 +9.2435 AC NEW 64—A-79 —14.2936 AC NEW 64—A-87 +1.2934 AC NEW 64—A-86 —0.5763 AC NEW 64—A-83 1.0554 AC AREA TABULATION: 64-A-79 NEW 6.4-A-86 0 a PARCEL A +5.3884 AC PARCEL B +9.2435 AC PARCEL C —14.2936 AC PARCEL D +1.2934 AC PARCEL E —0.5763 AC NET AREA 1.0554 AC ADDED TO 64—A-79 37.442 AC 64-A-83 (OLD) 64—A-83 117.5443 AC PARCEL D —12934 AC (NEW) 64—A-83 116.2509 AC 64-A-86 (OLD) 64—A-86 102.3888 AC PARCEL B —9.2435 AC PARCEL C +14.2936 AC (NEW) 64—A-86 107.4389 AC GRAPHIC SCALE 500 1000 2000 ( IN F )) I inch — IOOOft PHR+A 2007 NEW 64-A-79 SHEET INDEX N\, ;�-,TH OF o`� Gf� O 2 u CORY M. IiAYNES a Lic. No. 2539 ��3r Jo7 64-A-87 (OLD) 64—A-87 21.9283 AC PARCEL A —5.3884 AC PARCEL E +0.5763 AC PARCEL F +0.8583 AC (NEW) 64—A-87 17.9745 AC 64-A-88 (OLD) 64—A-88 37.442 AC PARCEL F —0.8583 AC (NEW) 64—A-88 36.5837 AC ][• 117 East Piccadilly Street Winfli+AT Winchester, Virginia 22601 540.667.2139 a - F 540 RRS 040 A ca,�ct v M Q BOUNDARY LINE ADJUSTMENT W 0_ x BETWEEN o GOVERNORS HILL Y AND WINCHESTER REGIONAL AIRPORT SHAWNEE MAGISTERIAL DISTRICT j FREDERICK COUNTY, VIRGINIA O SCALE: 1" - 1000, DATE: MARCH 28, 2006 1 REVISED: AUG. 31, 2007 Patton Harris Rust & Associates It Engineers. Surveyors. Planners. Landscape Architects. M i ][• 117 East Piccadilly Street Winfli+AT Winchester, Virginia 22601 540.667.2139 a - F 540 RRS 040 A ca,�ct 0 0 c� NEW PARCEL 79 PARCEL D 1.2934 AC / MATCH EINE _ ADDED TO PARCEL 79/ SEE SHEET 5 3Q>. zl 64 -A -79K 64- A-83 �1 22.5' GOVERNORS HILL, L.L.C. cfD,,o WINCHESTER REGIONAL Q o, iq INST #060007880 OD IR AIRPORT AUTHORITY /o ZONED: R4 I DB 659, PG 175 �� -� `� "� i I DB 800, PG 1693 Q �/ �' 00 NEW PARCEL 83 00;B o ZONED: RA �o�m 116.2509 AC R=50.00' xo Q QQ PROPERTY LINE L=80.10' I -�I(n / HEREBY CREATED L41 z" / II, m -n L5 C14 I rn� c 35' BRL Cj S ' c� _ I I Am C7 I N04'27'06"E 450.01' rnn a I 0)0)N562 00' 31.27' q 50' ACCESS ESMT NQ 67.5 �1 X41 .^y. 00 !r � � 43 �t Nw / 64-A-82 m awls / N/F C10 oOF= COUNTY OF Q ZQ� FREDERICK, VIRGINIA C11 INST #070001977 C� ZONED: R4 NAD 83 \ USE: VACANT 22.5' ��7 C12 79.5' C17 N�'O TN ZONE .F, Dc tkN N- 64 -A-80.1 tk h')- N/F CAMPFIELD LLC \ \ 9 6 INST #060NEED: I \ ZONED: M1 C77' �4,j\ \ USE: INDUSTRIAL VARIABLE WIDTH TEMPORARY /E. ACCESS& \ \ UTILITIES ESMT \ \ 56, INST #070001976 \ O. \ / 64-A-800 / BLUE RIDGE ' INDUSTRIES DB 787, PG 1122 ZONED: M1 USE: INDUSTRIAL U CORY M. HAYNES Lic. No. 2539 813 10� GRAPHIC SCALE oi6 1.oo sao +ao l90 ( IN FEET ) I inch = 200 ft Q PHR+A 2007 BOUNDARY LINE ADJUSTMENT BETWEEN GOVERNORS HILL AND WINCHESTER REGIONAL AIRPORT SHAWNEE MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA SCALE: 1' - 200' DATE: MARCH 28, 2006 REVISED: AUG. 31, 2007 Patton Harris Rust 8 Associates Engineers. Surveyors. Planners. Landscape Architects. 117East Piccadilly Street q+AT Winchestester, Virginio 22601 540.667.2139 0 ).0493 SHEET 4 OF 7 la- NP l� 1DNE �RG\N\p NpRSN 64-A-79 WINCHESTER REGIONAL AIRPORT AUTHORITY DS 659, PG 175 DB 800, PG 1693 MA CH NLI _Z � U �j o >� aw ZONED: RA N432 , 0 0 ,A SEE SHEET 6 4 3. NEW PARCEL 79 _�"� / v T C 7� tQ p�� C.5 �� Q��a VL 3 / a^• �`O / NEW PARCEL 86 /ryN �0 T- 107.4389 AC � V 5' 64-A-86 CARPERS VALLEY / o j DEVELOPMENT, L.L.C. INST #060003761 J ZONED: R4 La 0 W ffffff I I HFROpFR a w I 4>4 F4 2z0 1 C19 1 S4 ZL96' 1 �- yFReeFR� L/ 101.57' 1 ��64,-A-83 253.13' GOVERNORS HILL, L.L.C. �gCq�S p7 56�E l , INST #060007880 D N09� 1 , ZONED: R4 MATCH LINE —SEE SHEET 4 NEW PARCEL 83 116.2509 AC GRAPHIC SCALE 100 200 ,ao { IN FEET ) 1 inch = 200 ft LV PHR+A 2007 ALT H OF CORY M. HAYNES a Lic. No. 2539 813110 7 i svRv�°4- BOUNDARY LINE ADJUSTMENT BETWEEN GOVERNORS HILL AND WINCHESTER REGIONAL AIRPORT SHAWNEE MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA SCALE: 1" = 200' DATE: MARCH 28, 2006 REVISED: AUG. 31, 2007 15, n i a w a x 3 Patton Harris Rust & Associates Engineers. Surveyors. Planners. Landscape Architects. j PHIkA East Piccadilly Street uw Winchester, chester, Virginia 22601 0 o_ T 540.667.2139 a- 17 'Anccc nen, 0` C i Q Q / MGI �O) M ZONA` / / EE SHFFT 7 a / ( l ^0/ / 3 M• / r^ "ti ,ons ^ eF M• 64—A-79r� // WINCHESTER REGIONAL o ° AIRPORT AUTHORITY DB 659, PG 175 DB 800, PG 1693 oa 16 3 ZONED: RA ,�000/%00000 'z�`"� NEW PARCEL 79 ^���// v�J�2� ti°2°° �`r'�a� alb rnq&n 02 4 ~� ° �Uo 2 / ao� // 961)9 ` ?hM'`� � •��O PARCEL A = ^ X12606.09 f 5.3884 AC 1088.96 � ADDED TO PARCEL 79 0, s / o64—A-87 L$ CARPERS VALLEY / PROPER ` a2 DEVELOPMENT, L.L.C. HEREBY R�A1E� ��,h.� h 2zs s INST #070009451 (BLA) o C20 ZONED: R4 S25 5g, NEW PARCEL 87 =3 250.3 '•w 17.9745 AC U 0) S m U � soh ^,) a � '--`O6 Oj- W CO � Q rr 'Z ^ tip / � 1096 98 O rm U `) a d �h QN -U'4, l 64-A-86 CARPERS VALLEY -`71 44, ter,, a^,g DEVELOPMENT, L.L.C. cu ,� oe ST #060003761 � •.�� � / � o� Gu ��'�v ��� ZONNED: R4 NEW PARCEL 86 UA7-CN 2° / Q°�� 107.4389 AC SEE SHEET s / / Q t,° GRAPHIC SCALE 100 Zoo lINFEET , I inch = 200 ft PHR+A 2007 PLT H OF o� Gfp U CORY M. HAYNES > Lic. No. 2539 8(31 %07 BOUNDARY LINE ADJUSTMENT BETWEEN GOVERNORS HILL AND WINCHESTER REGIONAL AIRPORT SHAWNEE MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA SCALE: 1" = 200' DATE: MARCH 28, 2006 REVISED: AUG. 31, 2007 Patton Harris Rust & Associates Engineers. Surveyors. Planners. Landscape Architects, v i w w a n 117 East PiccadillyStreet Winchester, Virginia 22601 T 540.667.2139 a i F 540.665.0493 SHEET 6 OF 7 a �9C£4 NEW PARCEL 88 36.5837 AC 64-A-88 WINCHESTER REGIONAL AIRPORT AUTHORITY DB 423, PG 30 DB 800, PG 1693 ZONED: RA PROPERTY LINES - HEREBY CREATED NfR fR HEFT 6 Op Fe ry 4T NFR0eFRFq r �q qO PARCEL E 0.5763 AC ADDED TO PARCEL 87 NAD g3 �� TM ZONE 0 0 .t 64-10-3 N N /F KAREN B BARRETT—PERRY, et al INST #040009854 ZONED: B2 USE: VACANT �-- PARCEL F 0.8583 AC ADDED TO PARCEL 87 PROPOSED FUTURE COVERSTONE DRIVE OB B02O�'Q/ NOTE: EXISTING ESMTS RECORDED IN 00 INST X1060006044 F C� °/h" ry F/F) (0 o� / in r4) I lI \ l 11 1-1 UE TAIL SCALE: 1' — 100' GRAPHIC SCALE 100 20D 400 C tN FEET ) 1 inch — 200 ft © PHR+A 2007 v CORY M. HAYNES 9 Lic. No. 2539 SUR \I Q Q. BOUNDARY LINE ADJUSTMENT a BETWEEN GOVERNORS HILL 3 AND MANCHESTER REGIONAL AIRPORT SHAWNEE MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA oe oo A/c�T 9 64—A -89B o� .A c �� REDERICK c �� PRINCE GROUP, L.C. 7 DB 802, PG 1047 \ss ZONED: 82 USE: OFFICE j NOTE: EXISTING ESMTS RECORDED IN 00 INST X1060006044 F C� °/h" ry F/F) (0 o� / in r4) I lI \ l 11 1-1 UE TAIL SCALE: 1' — 100' GRAPHIC SCALE 100 20D 400 C tN FEET ) 1 inch — 200 ft © PHR+A 2007 v CORY M. HAYNES 9 Lic. No. 2539 SUR \I Q Q. BOUNDARY LINE ADJUSTMENT a BETWEEN GOVERNORS HILL 3 AND MANCHESTER REGIONAL AIRPORT SHAWNEE MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA SCALE: 1' 200' DATE: MARCH 28. 2006 REVISED: AUG. 31. 2007 Patton Hte a r r i s Rust & Associates Engineers. Surveyors. Planners. Landscape Architects. j East Piccadilly StreetUj PH + Win + Winchester, Virginia 22601 r 540.667.2139 a - i F 540.665.0493 SHEET 7 OF 7 d C) 0 VIRGINIA: FREDERICKCOUNTY.SCP, This instrument of writing was produced to me oil and with certilicatc ckno•alcd2cment thereto annexed was admitted to record. Fax imp-oscd by Sec. 58.1-802 of $�Lll , and 58.1-801 have been paid, if assessable 41e4 -t /)-,� , Clerk Aichael L. Bryan 9 Court Square 2nd Floor Winchester, VA O N rn c -n 080002019 THIS DEDICATION FOR STREET PURPOSES AND VACATION OF EASEMENTS made and dated this q6 day of January, 2008, by and between CARPERS VALLEY DEVELOPMENT, L.L.C., a Virginia limited liability company ("Carpers Valley"), THE COUNTY OF FREDERICK. VIRGINIA ("County"), and FREDERICK COUNTY SANITATION AUTHORITY ("FCSA"). RECITALS: A. Carpers Valley is vested with fee simple title to that certain parcel of land, together with improvements thereon, and all rights, rights of way and appurtenances thereunto belonging, lying and being situate in Shawnee Magisterial District, Frederick County, Virginia, fronting on the southern side of Prince Frederick Drive, containing 17.9745 acres, more or less, designated as "New Parcel 87" on that certain plat titled "Boundary Line Adjustment Between Governors Hill and Winchester Regional Airport" dated March 28, 2006, revised August 31, 2007, drawn by Cory M. Haynes, L.S., which plat is attached to and made a part of that certain Deed of Boundary Line Adjustment dated September 21, 2007, of record in the Clerk's Office in the Circuit Court of Frederick County, Virginia, as Instrument No. 070015617. Tax Map No. 64-A-87 (the "Carpers Valley Parcel'). B. Carpers Valley intends to dedicate a portion of the Carpers Valley Parcel, containing 3.2322 acres, more or less, for public street purposes, designated as "Coverstone Drive 3.2322 AC Hereby Dedicated for Public Street Purposes" (the "Coverstone Drive Dedication Parcel") on that certain plat titled "Plat Showing Right of Way Dedication & acation of Various Easements on the Property of Carpers Valley Development, -L.C." dated May 11, 2007, revised November 28, 2007, a copy of which is attached hereto and incorporated herein by reference as if set out in full (the "Plat"). C. In connection with the dedication of the Coverstone Drive Dedication Parcel, t is necessary to vacate a portion of certain utility, sanitary sewer, ingress/egress, access and frainage easements located within and adjacent to the boundaries of the Coverstone Drive )edication Parcel, as more fully set forth hereinafter. O N D. Carpers Valley intends to grant and convey unto FCSA that certain appurtenant and permanent water line easement, designated as "20' Water Esmt Hereby Dedicated" on the attached Plat, as more fully set forth hereinafter. NOW THEREFORE WITNESSETH: That for and in consideration of the sum of Ten Dollars ($10.00), cash in hand paid by each of the parties hereto unto the other, the receipt and sufficiency of which is hereby acknowledged, and other consideration deemed adequate at law, the parties do hereby agree as follows: 1. The Recitals are incorporated herein and made a material part hereof as if set out in full. 2. Carpers Valley hereby dedicates the Coverstone Drive Dedication Parcel containing 3.2322 acres, more or less, for public street purposes, as more particularly described on the attached Plat. 3. Carpers Valley and FCSA hereby vacate a portion of that certain sanitary sewer easement located within the boundaries of the Coverstone Drive Dedication Parcel, designated as "20' SAN ESMT (Inst. # 060006044) Portion Within R/W Dedication Hereby Vacated" as more particularly set forth on the attached Plat, which easement was dedicated by that certain Deed of Temporary Access and Road Construction Easement dated March 24, 2006, of record in the aforesaid Clerk's Office as Instrument No. 060006044. 4. Carpers Valley, FCSA and the County hereby vacate a portion of that certain ingress/egress, access and utility easement located on the Northwestern side of the Coverstone Drive Dedication Parcel, designated as "60' UE, Access & Utility ESMT (Inst. # 060005965) Hereby Vacated" as more particularly set forth on the attached Plat, which easements were impressed by that certain Deed of Boundary Line Adjustment And Easements dated March 24, 2006, of record in the aforesaid Clerk's Office as Instrument No. Gchael L. Bryan 060005965. 1 Court Square 2nd Floor vVinchester, vn 5. Carpers Valley and the County hereby vacate a portion of that certain drainage easement located within the boundaries of the Coverstone Drive Dedication Parcel, O N ,J designated as "DRN ESMT (Inst. # 060006044) Portion Within R/W Dedication Hereby Vacated" as more particularly set forth on the attached Plat, which easement was dedicated by that certain Deed of Temporary Access and Road Construction Easement dated March 24, 2006, of record in the aforesaid Clerk's Office as Instrument No. 060006044. Carpers Valley and FCSA hereby vacate a portion of that certain utility easement located within the boundaries of the Coverstone Drive Dedication Parcel, designated as "40' FCSA Utility Esmt (DB 677, PG 487) Portion Within R/W Dedication Hereby Vacated" as more particularly described on the attached Plat, which utility easement was granted to FCSA by that certain Deed of Easement dated April 14, 1988, of record in the aforesaid Clerk's Office as Instrument No. 880002476 (Deed Book 677, Page 483). Carpers Valley hereby grants and conveys unto FCSA, its successors and assigns forever, that certain appurtenant and permanent water line easement over a portion of the Carpers Valley Parcel, designated as "20' Water Esmt Hereby Dedicated" on the attached Plat, which easement shall run with the title to the Carpers Valley Parcel. WITNESS the following signatures and seals: CARPERS VALLEY DEVELOPMENT, L.L.C. By: MS CARPERS VALLEY INVESTORS, L.L.C., Managing Member By: MILLER & SMITH, INC., a Virginia Corporati M ager By: (SEAL) Charles F. to J Senior Vice President STATE OF VIRGINIA, AT LARGE, CITY/COUNTY OF FhCF,+,k , to -wit: The foregoing instrument was acknowledged before me on the w' day of January, 2008, by Charles F. Stuart, Jr., Senior Vice President of Miller & Smith, Inc., a Virginia Corporation, Manager of MS Carpers Valley Investors, L.L.C., Managing Member lichael L. Bryan of Carper's Valley Development, L.L.C., a Virginia limited liability company. Court Square 2' Floor Ninchester, VA My commission expires P 31 / ZG, o P 701 /t* Z. NOtkRY PUB IC 3 g`��a- `?^r' FREDERICK COUNTY SANITATION AUTHORIT J BY: EAI) STATE OF VIRGINIA, AT LARGE, CITY/ OUNT OF FreCde,-icA< , to -wit: The foregoing instrument was acknowledged before me on the �h day of 008, by JQV)n C-1. i k.crc who is sf �nGl Y�ee,r of redenck County Sanitation Authority. My commission expires Ja.nLux fL AWMA r No" Oar��M1ft mil• 1%4y Cerrwnlabn don j1 1 NOTARY PUBLIC COUNTY FRE E K, VIRGINIA By: (SEAL) ounty Administrator STATE OF VIRGINIA, AT LARGE, CITYiCOUNTY OF �1Y��j�.,r ,1� , to -wit: The foregoing instrument was acknowledged before me on the L14 -'�' day of January, 2008, by r • , County Administrator of the County of Frederic irginia. My commission expires a( i i Gvr)�_, A 1 r% L NOTARY PUMIC M I'M'pmn ciDeedstCa`pers Valley Dedication - Vacation Ii2i08 lichael L. Bryan Court Square 2' Floor Winchester, VA 0,1111tJ ji"',N,�� •''PPY PV' • F O REG e!� n 2 1387750. n COMMISSION e %�' EXPIRES p' 7J31/I1 'r M�zz Si 11040 VICINITY MAP SCALE: 1' = 2.001 APPROVED BY: FREDERICK COUNTY SUBDIVISION ADMINISTRATOR FREDERICK COUNTY SANITATION AUTHORITY VIRGINIA DEPARTMENT OF TRANSPORTA C=) Iv GIN DATE DATE.. 9i�.j08 DATE 1 /7' hl in A OWNER'S CONSENT: THE ABOVE AND FOREGOING DEDICATION OF RIGHT OF WAY FOR PUBLIC STREET PURPOSES AND VACATION OF EASEMENTS ON THE PROPERTY OF CARPERS VALLEY DEVELOPMENT, L.L.C. AS APPEARS ON THE ACCOMPANYING PLATS IS WITH THE FREE CONSENT AND IN ACCORDANCE WITH THE DESIRES OF THE UNDERSIGNED OWNERS, PROPRIETORS AND TRUSTEES, IF ANY. CARPERS VALLEY DEVELOPMENT, LLC. BY: MS CARPE4 VALLEY INVESTORS, LC., MANAGING MEMBER BY: MILL & ITH INC_NAGER 6Y: /- 0 2 —'0 a' T. CONRAD, VICE PRESIDENT (DATE) NOTARY PUBLIC STATE OFA CITY/COUNTY OF _R.ed¢.cic r - u THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE ME ON Tit A Z BY c,c JOHN T. CONRAD. VICE PRESIDENT. rr? � (NOTARY PUBLIC) �/MY COMMISSION EXPIRES/ Q - i Z �`'� (DATE) SURVEYOR'S CERTIFICATION: I, CORY M. HAYNES, A DULY LICENSED pj,TH 01y, LAND SURVEYOR IN CURVE TABLE THE COMMONWEALTH OFLf� VIRGINIA, HEREBY CERTIFY TO CURVE RADIUS DELTA LENGTH TANGENT BEARING Cl 38.00' 8934'33' 5 .41' 37.72' N79'57'11'E C2 510.00' 2'22'22' 21.12' 10.56' S36'21'05'W C3 450.00' 1'21'00' 10.60' 5.30' S37'38'S8`W C4 38.00' 92'14'01" 61.17' 39.51' S09'08'32'E C5 25.00' 58'40'04' 25.60 14.05' N84'35'35'W C6 25.00' 58'40'04' 25.60' 14.05' N84'3535'W C7 1630.00' 7'41'40' 218.90' 109.61' N51 -24.43"W UNE TABLE LINE I BEARING I I FNr.Tu SURVEYOR'S CERTIFICATION: I, CORY M. HAYNES, A DULY LICENSED pj,TH 01y, LAND SURVEYOR IN THE COMMONWEALTH OFLf� VIRGINIA, HEREBY CERTIFY TO THE BEST OF MY KNOWLEDGE 11``-- �' AND BELIEF, THAT THE O PROPERTY CONTAINED IN THIS v CORY M. HAYNES 5 - DEDICATION DEDICATION IS THE SAME Uc. No. 2539 PROPERTY CONVEYED TO CARDERS VALLEY DEVELOPMENT, L.L.0 BY DEED RECORDED Ll 11 AS INST X1060003761. l O4 NOTES: 1_ FREDERICK COUNTY PIN: 64-A-87; CHORD ZONED: R4. 2. PREPARED WITHOUT BENEFIT OF A TITLE REPORT. " 3. BASIS OF MERIDIAN IS NAD 83, VIRGINIA 54.78' NORTH ZONE. 4. PERMANENT MONUMENTATION WILL BE SET AT ALL LOT CORNERS IN COMPLIANCE WITH COMMONWEALTH OF VIRGINIA AND FREDERICK COUNTY REGULATIONS. 5. REFERENCE BOUNDARY LINE ADJUSTMENT PLAT ATTACHED TO THE -DEED RECORDED AS INST #070015617 AMONG THE LAND -RECORDS OF FREDERICK COUNTY, VIRGINIA. PLAT SHOWING RIGHT OF WAY QEDICATION do DEDICATION I T OFVARIOUS EASEMENTS ON THE PROPERTY OF CARPERS VALLEY DEVELOPMENT. LLC. INSTRUMENT #060003761 SHAWNEE MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA SCALE: AS SHOWN DATE: MAY 11, 2007 RE: 007 Patton Harris Rust& AOssociates Engineers, Surveyors. Planners. Landscape Architects. 4AAWin East , Virgi i;!a Street Winchester, Virginia 22601 T 540.667.2139 64—A-88 N/F WINCHESTER REGIONAL AIRPORT AUTHORITY DB 423, PG 30 DB 800, PG 1693 SEE NOTE 5 ZONED: RA USE: AIRPORT REMAIND 64—A—i CARPERS VALLEY DEVELOPMENT, L.L.C. 14.7423 AC (TOTAL) 64 N'F 79 WINCHESTER REGIONAL AIRPORT AUTHORITY DB 659, PG 175 DB 800, PG 1693 ` SEE NOTE 5 ZONED: RA USE- AIRPORT 20',34 "6.52' ^— ST X0600 gMT� Cg nONTHI0N6 4. VA CIN, Y V DRN ESMT I ""'ILH (INST 106D006044 PORTION WITHIN R �I — DEDICATION HERE Y VACATED 2 (9 PHR+A 2007 64-10-3 N/F KAREN B BARRETT—PERRY, et al INST #040009854 ZONED: B2 USE: VACANT 40' FCSA UTILITY ESMT (DB 677, PG 487) PORTION WITHIN R/W DEDICATION HEREBY \ VACATED 64-A-89 0 so 1013 2130 F FREDERICKTOWNE \ DB 802 Pk 0 (n w PLAT SHOWING "ao AX < DB 802, PG 1062 \ O i7 �- USE- VACANT CARPERS VALLEY \� DEVELOPMENT. LLC. INSTRUMENT #060003761 ® / SHAWNEE MAGISTERIAL DISTRICT DETAIL-- ETAILSSCALE: SCALE: 1"-100' DATE: MAY 11, 2007 SCALE:1'= 50' Vh Patton W (9 PHR+A 2007 64-10-3 N/F KAREN B BARRETT—PERRY, et al INST #040009854 ZONED: B2 USE: VACANT 40' FCSA UTILITY ESMT (DB 677, PG 487) PORTION WITHIN R/W DEDICATION HEREBY \ VACATED �W Ui ')N f O ) tt yw -'-r- SHEET 3-`'---- GRAPHIC SCALE 64-A-89 0 so 1013 2130 F FREDERICKTOWNE \ DB 802 Pk 1 inch - 100 tL 1055 PLAT SHOWING DB 802, PG 1059 AX < DB 802, PG 1062 ZONED: 82 < USE- VACANT �W Ui ')N f O ) tt yw -'-r- SHEET 3-`'---- GRAPHIC SCALE ,--DRN ESMT 0 so 1013 2130 INST ,#060006044 20' SAN ESMT IN F ) INST #060006044 1 inch - 100 tL 20' WATER ESMT PLAT SHOWING INST #060006044 RIGHT OF WAY DEDICATION �t VACATION EDICATION OF VARIOUS EASEMENTS ON THE PROPERTY OF CARPERS VALLEY \� DEVELOPMENT. LLC. INSTRUMENT #060003761 ® / SHAWNEE MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA SCALE: 1"-100' DATE: MAY 11, 2007 REVISED: NOV. 28, 2007 Vh Patton W Harris Rust 8 Associates V Engineers. Surveyors. Planners. Landscape Architects. } Piccadilly Street Win East -}- Winchester, Virginia + , 22601 roo _`f 2.5 ': T 540.667.2139 F 54n Fks ndaY -- ., M . n CD N v CD 1 1111111111111111 MATCH LINE _ SEE SHEET 2 LEGEND: 1 `'►� R/W RIGHT OF WAY If INST / INSTRUMENT NUMBER 1 I �/9? l DB, PG DEED BOOK, PAGE iv v 3 SB SETBACKAC 'n az O C.) O r 1 ACRES v 1 p [+.i 1" ^ O Z N N ? n m 4.0 ESMT SAN DRN EASEMENT SANITARY SEWER DRAINAGE i O° W 1 ao CV Nod 1 3 /-� Wo m I �/9? l N z di f N of o Z W v 3 o v �z !'� 4 az O C.) O r 1 _ 1098.96' v 1 p [+.i 1" ^ O Z N N ? n m 4.0 v z � a ! r1P0� ZDi1E eIc 1 N 64 m� a I, -1 RG�N�P USE. AIRPORT Nod 1 31 'Cjca 1 250.32' . r 1096.99' v 3 3 h � h 2 j i — N26 Os'09-E _ 1098.96' a z ! 1 ! 1 3 90. 00' ! REMAINDER 64 a _ 3s' BRL J CARPERS VALLEY N/F /F _ z DEVELOPMENT, LLC. WINCHESTER REGIONAL DEVELOPMENT, L.L.C. .7423 AC 14(Toru) AIRPORT AUTHORITY G, SEE NOTE 5 DB 659, PG 175 Of SZONED: D8 800, PG 1693 PROPERTY OF SEE NOTE 5 USE: VACANTo CARPERS VALLEY ZONED: RA Lic. No. 2539 USE. AIRPORT f 250.32' . r 1096.99' v 3 S25'59'4o•w S26-06'07'% — a 64-A-86 FVALLEY PLAT SHOWING a A.IffH OF CARPERS RIGHT OF WAY DEDICATION & yr DEVELOPMENT, L.L.C. DEDICATION/VACATION W G, SEE NOTE 5 OF VARIOUS EASEMENTS ON THE Of SZONED: R4 PROPERTY OF U CORY M. BAYNES :0- USE: VACANTo CARPERS VALLEY Lic. No. 2539 DEVELOPM INSTRUMENT #0 60003 61 t /Z8167 SHAWNEE MAGISTERIAL DISTRICT Z) FREDERICK COUNTY, VIRGINIA SCALE: 1'-700' DATE: MAY 11, 2007 REVISED: NOV 28, 2007 Patton Harris Rust 8 Associates / GRAPHIC SCALE Engineers. Surveyors. Planners, Landscape Architects. 100 �De 117 East Piccadilly Street q�RA Winchester, Virginia 22601 U � 1 IN FEET Inch - 100 1L T 540.667.2139 0 a 0 N v O N J N VIRGINIA: FREDERICKCOUNgY.SCT. This instrument of writing was produced to me on 7-oO"mat oZ - 6In L and Hith certilicate acknoMedgemcnt thereto annexed was admitted w record. 1'ax imposed by Scc. 58.1-802 of $NI, and 58.1-801 have been paid, if assessable. .4 e"'t >�O V" , Clerk