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THIS DEED OF VACATION OFACCESS EASEMENT AND DEED OF
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EASEMENTS, made and dated this �1 of October, 2006, by and
between JASBO. INC., a Virginia Corporation, hereinafter
"Jasbo"; THE COUNTY OF FREDERICK. VIRGINIA, hereinafter
"Frederick County, and ABRAM E. HEGE and HELEN HEGE, husband and
wife, hereinafter "Hege".
R E C I T A L S:
A. Jasbo is vested with fee simple title to that certaii
tract of land containing 82.70 acres, more or less, situate alonc
the eastern side of warrior Drive, in Opequon Magisterial
District, Frederick County, Virginia; having acquired said tract
by that certain Deed dated March 18, 1976, which Deed is of
record in the Clerk's Office of the Circuit Court of Frederick
County, Va. In Deed Book 456, at Page 32. Tax Map No. 75-A-117
(the "Jasbo Lands").
B. Frederick County is vested with fee simple title to that
certain tract of land containing 68.180 acres, more or less,
situate north of Fairfax Pike (Route 277) in Opequon Magisterial
District, Frederick County, Virginia; having acquired said tract
by that certain Deed of record in the aforesaid Clerk's Office in
Deed Book 441, at Page 97, and by that certain Boundary Line
Agreement dated February 11, 1999, of record in the aforesaid
Clerk's Office as Instrument No.990004249 (Deed Book 933, at Page
1718). Tax Map No. 75 -A -117A (the "County Lands").
C. Abram E. Hege and Helen Hege, his wife ("Hege") are
vested with fee simple title to that certain lot or parcel of
land containing 4.00 acres, 3 roods and 9 square poles, more or
9CoulL. Square less, situate north of Fairfax Pike (Route 277) in O e uon
9 Court Square P 4
2id Floor
Winchester, VA Magisterial District, Frederick County, Virginia; having acquired
said parcel by that certain Deed dated April 20, 1972, of record
Michael L. Bryan
9 Court Square
2id FUor
Winchester, VA
in the aforesaid Clerk's office in Deed Book 389, at Page 558.
Tax Map No. 75-A-118 ("Hege Lot").
D. Access to the Hege Lot is currently by way of that
certain right of way or easement commonly known as "Landgrant
Lane", extending from the Hege Lot to Fairfax Pike (Route 277).
E. Frederick County may, at a future time, seek to have
Landgrant Lane abandoned and to provide alternate ingress/egress
to the Hege Lot by way of a future street and cul-de-sac known as
"Emory Court", together with that certain non-exclusive right of
way or easement 20' in width, extending from Emory Court (yet to
be constructed) over a portion of the Jasbo Lands and the County
Lands to the Hege Lot (the "Future Ingress/Egress Easement").
The Future Ingress/Egress Easement is designated as "Future 20'
Ingress/Egress, Utility & Bicycle/ Pedestrian Easement" on that
certain plat titled "Exhibit Plat Ingress/Egress, Utility &
Bicycle/Pedestrian Easement" dated March 16, 2006, drawn by
Greenway Engineering, a copy of which is attached hereto and
incorporated herein by reference as if set out in full (the
"Easement Plat").
F. Jasbo has agreed to grant and convey unto Frederick
County a non-exclusive right of way or easement over a portion of
the Jasbo Lands for the installation, construction,
reconstruction, maintenance and removal of water, sewer, cable,
telephone and other utility lines within the confines of the area
designated as "Future 20' Ingress/Egress, Utility &
Bicycle/Pedestrian Easement" as set forth on the attached
Easement Plat (the "County Utility Easement"), as more fully set
forth hereinafter.
G. Jasbo has agreed to grant and convey unto Frederick
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County a non-exclusive right of way or easement over a portion of
the Jasbo Lands for bicycle/pedestrian use within the confines of
the area designated as "Future 20' Ingress/Egress, Utility &
Bicycle/Pedestrian Easement" on the attached Easement Plat (the
"Hiker/Hiker Easement"), as more fully set forth hereinafter.
H. Jasbo and Frederick County have previously executed that
certain Deed of Limited Access Easement dated December 6, 2005,
of record in the Clerk's Office of the Circuit Court of Frederick
County, Virginia as Instrument No. 050028554 (the "Deed of
Limited Access Easement"), wherein Jasbo conveyed unto Frederick
County a limited right of way or easement for purposes of future
vehicular ingress/egress only from that certain future street and
cul-de-sac (yet to be built) designated as "Emory Court" to the
County Lands, as more fully set forth therein (the "Alternate
Access Easement").
I. Jasbo, Frederick County and Hege have agreed to vacate
and extinguish the Deed of Limited Access Easement and the
Alternate Access Easement created thereby, and to grant and
convey the Future Ingress/Egress Easement, the County Utility
Easement and the Hiker/Biker Easement (as applicable) in the
place and stead thereof, 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:
Michael L. Bryan I 1. The Recitals are incorporated herein and made a material
9 Court Square I I p
2" Floor art hereof as if set out in full.
Winchester, VA
3
Michael L. Bryan
9 Court Square
2id Floor
Winchester, VA
2. Jasbo hereby grants dna conveys unto Frederick Cv uu-y
and unto Frederick County's successors and assigns forever, the
Future Ingress/Easement, which right of way or easement shall be
a permanent, perpetual and appurtenant non-exclusive right of way
or easement for the limited purpose of ingress/egress of the
employees of Frederick County from that certain future street and
cul-de-sac (yet to be built) designated as "Emory Court" to the
County Lands. The Future Ingress/Egress Easement granted unto
Frederick County hereby shall not be used by the general public
for purposes of vehicular access to the County Lands.
3. Jasbo hereby grants and conveys unto Hege and unto
Hege's successors and assigns forever the Future Ingress/Egress
Easement over a portion of the Jasbo Lands as more fully set
forth on the attached Easement Plat, which right of way or
easement shall be a permanent, perpetual and appurtenant non-
exclusive right of way or easement for purposes of ingress/egress
by Hege from that certain future street and cul-de-sac(yet to be
built) -designated as "Emory Court" to the Hege Lot.
4. Frederick County hereby grants and conveys unto Hege
and unto Hege's successors and assigns forever the Future
Ingress/Egress Easement over a portion of the County Lands as
more fully set forth on the attached Easement Plat, which right
of way or easement shall be a permanent, perpetual and
appurtenant non-exclusive right of way or easement for purposes
of ingress/egress by Hege from that certain future street and
cul-de-sac(yet to be built) designated as "Emory Court" to the
Hege Lot. Frederick County hereby reserves bicycle/pedestrian
use within the confines of the Future Ingress/Egress Easement as
it extends over a portion of the County Lands.
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1 5. The Future ingress/ -Press Easement granted herein shall
not be used by the employees of Frederick County or by Hege for
purposes of ingress/egress to the County Lands or to the Hege Lot
until such time as the street and cul-de-sac designated as "Emory
Court" is fully constructed and open to the public.
6. The Future Ingress/Egress Easement shall be a private
access easement and shall serve only the County Lands and the
Siege Lot for purposes of ingress and egress and no other lands
whatsoever. The Future Ingress/Egress Easement shall not be used
7. Once the Future Ingress/Egress Easement is constructed
for purposes of ingress/egress to the County Lands and to the
Hege Lot, Hege agrees that all right, title and interest of Hege
in and to the use of Landgrant Lane for purposes of access and
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ingress/egress to the Hege Lot shall be forever terminated,
waived and extinguished.
8. Jasbo hereby grants and conveys unto Frederick County
the County Utility Easement and the Hiker/Biker Easement over a
portion of the Jasbo Lands within the confines of the Future
Ingress/Egress Easement, which shall be permanent, perpetual and
appurtenant non-exclusive easements. Frederick County shall not
have the right to use the County Utility Easement or the
Hiker/Biker Easement granted herein until such time as the street
and cul-de-sac designated as "Emory Court" is fully constructed
Michael L. Bryan
and open to the public.
9 Court Square
2'"Floor
9. Jasbo agrees, at Jasbo's sole cost and expense, to
Winchester, VA
5
construct a driveway, 16' in width, with 6" base consisting of
21A stone, on or before June 1, 2007, over a portion of the Jasbo
Lands within the confines of the Future Ingress/Egress Easement.
10. Frederick County agrees, at Frederick County's sole
cost and expense, to construct a driveway, 16 feet in width, with
6 inch base stone, consisting of 21A stone, on or before .lune 1,
2007, over a portion of the County Lands within the confines of
the Future Ingress/Egress Easement, extending from the southern
boundary of the Jasbo Lands to the point of intersection with the
existing driveway located upon the Hege Lot.
11. The driveway to be constructed by Jasbo and Frederick
County pursuant to the terms of Section 9 and Section 10, above,
extending from Emory Court (once constructed) to the existing
driveway located upon the Hege Lot shall hereinafter be referred
to as the "Hoge Drivewayff.
12. Jasbo, and its successors and assigns, shall have no
responsibility whatsoever for the maintenance or upkeep of the
Future Ingress/Egress Easement, the County Utility Easement
and/or the Hiker/Biker Easement. Specifically, Jasbo, and its
successors and assigns, shall have no responsibility whatsoever
for the maintenance or upkeep of the Hege Driveway.
13. Frederick County hereby agrees to maintain the
stone/gravel surface of the Hege Driveway at its sole cost and
expense. Hege agrees to be responsible for the cost or expense
of snow removal from the Hege Driveway.
14. Jasbo hereby specifically reserves the right to
relocate the Future Ingress/Egress Easement, the County Utility
Michael L. Bryan Easement and the Hiker/Biker Easement consistent with their
9 Court Square
2'd Floor respective use thereof, including, but not limited to, grading,
Winchester, VA
application of gravel and snow removal.
15. Jasbo hereby specifically reserves the right to relocate
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Michael L. Bryan
9 Court Square
2" Floor
Winchester, VA
the Future Ingress/Egress Easement, the County Utility Easement
and/or the Hiker/Biker Easement in order to accommodate its
future development plans for the Jasbo Lands until such time as
Emory Court has been fully constructed and opened to the public.
16. The County shall, at its sole cost and expense, relocate
the existing mailbox serving the Hege Lot to a location on Emory
Court (once constructed) as approved by Jasbo and the Virginia
(Department of Transportation (if applicable) on or before June 1,
12007.
17. The terms of this instrument shall extend to and be
(binding upon the personal representatives, heirs, successors and
assigns of the respective parties hereto.
WITNESS the following signature and seal:
JASBO, INC.
By: .1. f ► ltt lu (SEAL)
Beverley B.l Shoemaker, President
STATE OF VIRGINIA, AT LARGE,
Q+TY/COUNTY OF _Re 1C , to -wit:
The foregoing instrument was acknowledged before me on the
day of 0J, 2006, by Beverley B. Shoemaker as
President of Jasbo, Inc.
My commission expires
NOTARY PUBLIC
THE COUNTY OF FREDE CK, VIRGINIA
By: (SEAL)
Its:
a- " -' (SEAL)
Abram E. Hege
7
Michael L. Bryan
9 Court Square
P° Floor
Winchester, VA
( S EAL )
e en Hege
STATE OF VIRGINIA, AT LARGE,
COUNTY OF F( ccs cr_ to -wit:
The foregoing instrument was acknowledged before me on the
4*` day of �ac�.mbct 2006, byT4.n i�. i211e.. � as
}m4,j Aclrri.n;sdru"r of The County of Frederick, Virginia.
My commission expires 2aoto
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NOTARY, P LIC
STATE OF VIRGINIA, AT LARGE,
CITY COUNT F to -wit:
The foregoing instrument was acknowledged before me on the
1— day of X2006, by Abram E. Hege and Helen Hege,
/2/06
and wife.
My commission expires k2 3k
khut,�_ �.
NOTARY PUBLIC
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EXHIBIT PLAT
INGRESS / EGRESS, UTILITY &
BICYCLE / PEDESTRIAN EASEMENT
OPEQUON DISTRICT – FREDERICK CO NTy, V/RCINIA
SCALE.1 " = 50 DATE.- MARCH 16, 2006
GREENWAY ENGINEERING
Its-% 151 Windy Hill Lane
-k47 Engineers Winchester, Hrginia 22602
Surveyors Telephone. (540) 662-4185
FAX.' (540) 722-9528
Founded in 1971 www•greenwayeng.com 25249 SHEET 1 OF 1 )
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VIRGINIA.- FREDERICK COUNTY -SCE
This instrument of writing was produced to me on
1:1-2 "2noic at
and with certificate acknowledgement thereto annexed
was admitted to record. Tax imposed by Sec. 58.1502 of
$Vj A_, and 58.1-801 have been paid, if asceMbi&
4944 1 cht
dichael L. Bryan
9 Court Square
2" Floor
Winchester, VA
CD
050028554 u,
THIS DEED OF LlMi T ZD ACCESS ie ASEIMIEi. TA, ,:,r.. e- aid dated this v ' 'A' o.,
Mbj�2005, by and between JASBO. INC., a Virginia Corporation, hereinafter "Jasbo",
and THE COUNTY OF FREDERICK. VIRGINIA hereinafter "Frederick County".
RECITALS:
A. Jasbo is vested with fee simple title to that certain parcel of land containing
82.70 acres, more or less, situate along the eastern side of Warrior Drive in Opequon Magisterial
District, Frederick County, Virginia. Tax Map No. 75-A-117 (the "Jasbo Lands").
B. Frederick County is vested with fee simple title to that certain parcel of land
containing 68.180 acres, more or less, situate north of Fairfax Pike (Route 277) in Opequon
Magisterial District, Frederick County, Virginia. Tax Map No. 75-A-1 17A (the "County
Lands").
C. Abram E. Hege and Helen Hege, his wife ("Hege") are vested with fee simple
title to that certain lot or parcel of land containing 4.00 acres, 3 roods and 9 square poles, more
Ior less, situate north of Fairfax Pike (Route 277) in Opequon Magisterial District, Frederick
I County, Virginia. Tax Map No. 75-A-118 (the "liege Lot").
D. Vehicular access to the Hege Lot is currently by way of that certain right or way I
I or easement commonly known as "Landgrant Lane", extending from the Hege Lot to Fairfax I
Pike (Route 277).
E. The County may, at a future time, seek to have Landgrant Lane abandoned and
to provide alternate vehicular access to the Hege Lot by way of a future street and cul-de-sac
known as "Emory Court", together with that certain right of way or easement 20' in width,
extending from Emory Count (yet to be constructed) to the County Lands, for the purpose of
providing vehicular access to the Hege Lot (the "Alternate Access Easement").
F. Jasbo has agreed to grant and convey unto Frederick County the Alternate Access
Easement, more fully set forth hereinafter.
NOW THEREFORE WITNESSETH: That for and in consideration of the sum of Ten
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ry
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:
in full.
1. The Recitals are incorporated herein and made a material pari hereof as if set out
2. Jasbo hereby grants and conveys unto Frederick County a limited right of way or
easement for purposes of future vehicular ingress/egress from that certain future street and cul-
de-sac (yet to be built) designated as "Emory Court" to the County Lands (the "Future Limited
Ingress/Egress Easement"), as more fully set forth on that certain "Exhibit Plat Exclusive
Residential Access Easement" dated May, 2005, prepared by Greenway Engineering (the
"Exhibit Plat'), a copy of which is attached hereto and made a material part hereof as if set out
in full. The Future Limited Ingress/Egress Easement is designated as "Future 20' Exclusive
Residential Access Easement to Tax Map Parcel 75-((A))-1 18" on the attached Exhibit Plat.
3. The Future Limited Ingress/Egress Easement granted herein shall not be used
for purposes of vehicular access to the Hege Lot until such time as: i) the street and cul-de-sac
designated as "Emory Court" is fully constructed and open to the public; and ii) Landgrant Lane
has been forever extinguished, terminated and abandoned.
4. The Future Limited Ingress/Egress Easement shall be a private access easement
for motor vehicles and shall serve only the Hege Lot for purposes of vehicular access and no
other lands whatsoever.
5. Once the Future Limited Ingress/Egress Easement is constructed for purposes of
vehicular access to the Hege Lot in accordance with Section 3, above, the Future Limited
Ingress/Egress Easement may be used by the public for pedestrian and bicycle travel thereon, as
part of any future pedestrian/bicycle trail situate upon the County Lands.
dichael L. Bryan 6. Jasbo agrees, at Jasbo's sole cost and expense, to construct a driveway, 12' in
9 Court Square
2"° Floor width, with 6" base stone, on or before June 1, 2007 over the Future Limited Ingress/Egress
Winchester, VA
2
4ichael L. Bryan
9 Court Square
T' Floor
Winchester, VA
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Easement.
7. Jasbo, and its successors and assigns, shall have no responsibility whatsoever for
the maintenance or upkeep of the Future Limited Ingress/Egress Easement.
8. Jasbo hereby specifically reserves the right to relocate the Future Limited
Ingress/Egress Easement in order to accommodate its future development plans for the Jasbo
Lands.
WITNESS the following signatures and seals:
JASBO, INC.
By��(SEAL)
Beverley
. Shoemaker, President
THE COUNTY OF FREDERICK, VIRCJ�IIA
�',wa0� JtJ r
By:
(S• �}
Its:
3
STATE OF VIRGINIA, AT LARGE,
S �'•, +y� a _
CITY/e0MgTY OF Gl to
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9 ���,•
Wi -wit:
{{; .,a� g
The foregoing instrument was acknowledged before me on the 'y day p' f !�
by Beverley B. Shoemaker as President of Jasbo, Inc..:"
My commission expires % 1311 ` 0&
Notaiv Public
STATE OF VIRGINIA, AT LARGE,
CITY/COUNTY OF 'rtAc.,,,,t, , to -wit:
The foregoing instrument was acknowledged before me on the � day oflgg_T, 200
as C c►,,, v,,,,,,,: j&4The County of Frederick, Virginia.
My commission expires
1 Cil r•. ' ;c i
Notary Pubflc
MLB/pmn
cADcedsUasbo - Hege Limited Access Easement
l l/16/ms
3
CJl
anURE s0' EXCLUSIVE
RESIDENTIAL ACCESS
EASEMENT TO TAX MAP
TP9: 86-((A))-135 PARCEL 15-((A))-II6
COUNT( OF FREDERICK
DB: 440. PAGE; 42i � TM: l5 -(!AJ) -IIIA
ZONED: RA COUNTY OF FREDERICK
USE: PUBLIC PARK DB: 441, PAGE: 51
ZONED: RA
USE: PUBLIC PARK
I
r 1 I TM 15-((A))-118
HEGE, ALAF-a E. 4 HELEN
DB: 389, PAGE: 558
I ZONED: RA
USE: SINGLE-FAMILY
RESIDENTIAL
I
50 25 O 50 100
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I 5GALE: 1" = 50'
EXHIBIT PLAT
EXCL USI VE RESIDENTIAL
ACCESS EASEMENT
OPEQUON DISTRICT — FREDERICK COUNTY. VIRGINIA
SCALE.- I" = 50" 1 DATE. MAY 2005
I —$)L GREENWAY ENGINEERING
151 Windy Hill Lune
Engineers Winchester, Niginia 22602
Surveyors Telephone., (540) 662-4185
FAX.- (540) 722-9528
Fowided in 1971 www.greenwayeng.coni 25248 SHAFT 1 nF 1 IJ
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VIRGINIA: rREDERIC K COUNTY. SCT.
This ingnw art of writ4 was produced to me on
/ - O— L at
P.114 -
and with certificate of acknowledgement thereto annexed
was admitted io record. T imposed by &-c- 58.1-802 of
SAJj 4— aad 58.1-801 .'~a+e been paid, if assesnW%
404