HomeMy WebLinkAbout01-13 Title CertificatePeter K. McKee (1934-1967)
Benjamin M. Butler
Benjamin M. Butler, P.L.C.
112 South Cameron Street
P. 0. Drawer 830
Winchester, Virginia 22604-1297
(540)662-3486
Facsimile (540) 722-3787
E -Mail: bmblaw1(a,comcast.net
March 28, 2016
HAND DELIVERED
County of Frederick, Virginia
Department of Planning and Development
107 North Kent Street, Suite 202
Winchester, Virginia 22601
Re: My File No.: 13515
Property of Paul G. Anderson, Jr., and Mary Edna Anderson, his wife (Andersons)
1009 Germany Road, Stephens City, Virginia 22655
100 Acres, More or Less; Tax Map # 73-A-100
FINAL TITLE CERTIFICATE
Gentlemen:
I have examined the indices to the Deed Books, Judgment Lien Docket Books, Financing
Statement Books, Miscellaneous Lien Books and Will Books in the Office of the Clerk of the
Circuit Court of Frederick County, Virginia, relative to that certain tract or parcel of land
containing 100 acres in the aggregate and more particularly described on Schedule A attached
hereto; and being the same property conveyed to Paul G. Anderson, Jr., and Mary R. Anderson
(being one and the same as Mary Edna Anderson) by Deed of Gift dated June 26, 1992, from L.
V. Ridings and Ruby N. Ridings, husband and wife, of record in the Clerk's Office of the Circuit
Court of Frederick County, Virginia, in Deed Book 814, at Page 1232; and by Deed of Gift dated
January 6, 1995, of record in the aforesaid Clerk's Office in Deed Book 833, at Page 1662.
The period of this examination is from January 1, 1940, to the 28th day of March, 2016.
1
F: 2016 Real Estate/13515 Anderson, Paul & Mary, 100 Ac/Final Title Certificate -1
Based upon this examination, I am of the opinion that fee simple title is vested in Paul G.
Anderson, Jr., and Mary R. Anderson (being one and the same as Mary Edna Anderson), his wife, by the
Deeds recited in the Schedule A, as tenants by the entirety with common law right of survivorship,
subject only to the following:
ENCUMBRANCES:
1. Deed of Trust dated July 16, 1999, from Paul G. Anderson, Jr., et ux, to Robert N.
Carpenter, et al, Trustees, to secure Valley Farm Credit, ACA, the sum of $86,000.00, of record in the
aforesaid Clerk's Office in Deed Book 942, at Page 225.
EXCEPTIONS:
1. Boundary Line Adjustment and Quitclaim Deed, dated August 5, 2005, by and between
Rinker Properties, LC, a Virginia limited liability company, and Paul G. Anderson, Jr., and Mary Edna
Anderson, his wife, of record in the aforesaid Clerk's Office as Instrument No. 050017792, establishing
the eastern property line and a portion of the northern property line of the Anderson tract adjoining the
Rinker tracts.
2. Rights of way granted to Potomac Edison Power Company dated May 1, 1972, of record
in the aforesaid Clerk's Office in Deed Book 390, at Page 521; dated January 28, 1969 of record in the
aforesaid Clerk's Office in Deed Book 350, at Page 217; dated March 28, 1961, of record in the
aforesaid Clerk's Office in Deed Book 270, at Page 507; dated December 30, 1959, of record in the
aforesaid Clerk's Office in Deed Book 261, at Page 542; dated March 6, 1951, of record in the aforesaid
Clerk's Office in Deed Book 218, at Page 591; and dated September 11, 1947, of record in the aforesaid
Clerk's Office in Deed Book 204, at Page 77. Because of the vague descriptions contained in each of
the aforesaid rights of way, the same may affect the subject property.
3. By right of way agreement to C & P Telephone Company dated October 4, 1971, of
record in the aforesaid Clerk's Office in Deed Book 387, at Page 610, and dated January 22, 1971, of
record in the aforesaid Clerk's Office in Deed Book 374, at Page 254, rights of way granted to C & P
Telephone Company for telephone lines and cables over a portion of land adjoining the public roads.
4. Drainage easement incorporated in the conveyance to the Commonwealth of Virginia,
dated July 9, 1966, of record in the aforesaid Clerk's Office in Deed Book 325, at Page 130, in
connection with the widening of Route 625.
5. Right of way dated October 30, 1997, of record in the aforesaid Clerk's Office in Deed
Book 906, at Page 91, from Paul G. Anderson, Jr., and Mary Edna Anderson to Bell Atlantic -Virginia
for a telephone easement near the intersection of Route 625 (Germany Road) and Marlboro Road (Route
631).
6. The unrecorded composite survey, dated August 10, 2015, drawn by Archie J. Dodson,
Jr., Land Surveyor, attached hereto and showing the property to contain a total of 100 acres, more or
less.
2
F: 2016 Real Estate/13515 Anderson, Paul & Mary, 100 Ac/Final Title Certificate -1
7. Real estate taxes are paid through 2015. Real estate taxes are next due on June 5, 2016,
and December 5, 2016, and each year hereafter, which will constitute a lien upon the subject property if
not paid.
"a. JI plicable Zoning Ordinances for Frederick County, Virginia; unfiied and unrecorded
leases and materialmen's liens; and such facts as might be revealed from a physical inspection and/or by
a competent survey of the premises.
The opinion as to the status of the title to the above property is based upon examination of the
public land records in the aforesaid Clerk's Office and due diligence in the examination thereof in this
respect is warranted, but no responsibility is assumed for the accuracy of the indices to the records in the
Clerk's Office. Neither do I assume any responsibility for the accuracy of the descriptions contained in
the deeds, and this examination is subject to any errors in description that may be disclosed by a survey
of a competent surveyor.
No certification is made with reference to any unrecorded leases, taxes becoming due, but not yet
payable, any encroachments of buildings or fences on these or any adjoining premises, any statement of
facts that a survey would show, unrecorded Federal and/or State liens, any law, ordinance, or
governmental regulation, including, but not limited to, building, zoning, and subdivision ordinances
restricting or regulating or prohibiting the occupancy, use, or dimensions or area of any lot or parcel of
land, or errors in the completion and acknowledgment of documents recorded by parties other than this
law firm.
Very truly yours,
U l �
Jamin M. Butler
BMB/hp
Enclosure
3
F: 2016 Real Estate/13515 Anderson, Paul & Mary, 100 Ac/Final Title Certificate -I
SCHEDULE A
Tract 1
PARCEL ONE: All of that certain tract or parcel of land situated in Opequon
Magisterial District, Frederick County, Virginia, about three miles west of
Stephens City, along Germany Road (formerly Hite Road), bounded on the
west now or formerly by Miller, on the south now or formerly by Rothgeb, on
the east nor or formerly by Rinker, and on the north now or formerly by
Bassett; containing 80 acres, more or less.
PARCEL TWO: All of that a certain tract or parcel of land situated in
Opequon Magisterial District, Frederick County, Virginia, on the north side
of the Stephens City — Marlboro Road, adjoining the lands of Rothgeb and
others, containing 16 acres, 2 rods, and 20 poles.
AND BEING the same properties conveyed to Paul G. Anderson, Jr. and
Mary R. Anderson, husband and wife, by Deed of Gift dated June 26, 1992
from L.V. Ridings and Ruby N. Ridings, husband and wife, of record in the
Clerk's Office of the Circuit Court of Frederick County, Virginia, in Deed
Book 814, at Page 1232.
Tract 2.
All that certain parcel of land containing four (4) acres, more or less, lying on
the west side of Virginia Route 625 ( Germany Road, formerly known as Hite
Road) in Opequon Magisterial District, Frederick County, Virginia and
being the same land conveyed to Paul G. Anderson, Jr. and Mary Edna
Anderson, his wife ,by Deed of Gift dated January 6th, 1995 of record in the
aforesaid Clerk's Office in Deed Book 833 at Page 1662.
The above Tract 1 and Tract 2 are more particularly described by Boundary
Survey ,dated August 10, 2015 drawn by Archie J. Dodson, Jr. as containing
100 acres in the aggregate with a Tax Map No. 73-A-100.Reference is hereby
made to make the same a part hereof.
F;2016\RealEstate\l3515\Anderson, Paul
1. Easements, if any, not shown. No ,port furnished.
2. No flood inforr-ation determined or given for this parcel.
3. Boundary derived from plats and deeds of record as found among the Land Records of Frederick County,
Virginia, as shown hereon. No actual field survey was performed.
4. Datum rotated to meridian of plat found at Instrument#20090001671
Id Radius Arc Len th Chord Ch Bear LEGEND
C1 1295.45' 415.12' 413.35' N 86°52'07" W o Point
C2 292.53' 3 5 27' 3525- N 15°49'37" E Scale 1 "=400'
a N/F
7QS%j48 h, ti/F 400 0 400 800
0 8i7j �S,
rn
CD I2�30p, �- /CN
� %4iN(gJss
NiF l
Z #'k A
'3(q 4v / l S6 �Sr bs. R
7nS�3R2°N" LU
AAOf
)3 S F pFRT�FS�O„
U
/ \r31 t
i 2j3gg�'
I I
�78/j j GS„h�N� S� rII
4b^ ry hb I
/ F�
\ � Portion of
i #73(A)100
a4 acres t
/1/jF 100 acres total00
Rg3(4%c
N/F
otN #73
77o6 Portion of "RINKER PROP
Cp(gJ2, cn #73(A)100 Io Inst.#09-1671 ERTIES L0^
j 7 Sf°�F - �O45 96 acres
r o
100 acres total
�Z I
0 C(q i
/gs71C4 090 t
I
(� t
;Z,
qyy
aj N/F
_ civ #73(15)2
/V/Fl Nt i R INKEt #0ER16 ROPERTIES L0„
7nosy6 / N/F
a 71>687 j o i �2 #73(A)96
�i775
M�o R t #052 0 ROPERTIES LC',
804
N 82°0403 48 442.22' „ W � 1
- ” W 79°3335
MARLBORO ROAD(45' R/W)(RT-_EU1- -S
COMPOSITE BOUNDARY SURVEY PLAT
Property of
"PAUL G. ANDERSON JR. & MARY EDNA ANDERSON"
Deed Book 814 , Page 1232
Tax Map#73 (A) 100
Opequon Magisterial District
Frederick County, Virginia
Scale 1 "=400' Date: August 10, 2015
100 Acres
Prepared By:
Archie J. Dodson Jr., Surveying
P.O. Box 672
Luray, VA. 22835
Phone: (540)843-0608
Fax: (540)843-0608
Email-dodsonsurvey@yahoo.com
Benjamin M. Butler, PLC
112 South Cameron Street
Winchester, Virginia 22601
(540) 662-3486
Facsimile (540) 722-3787
E -Mail: bmblaw1@comcast.net
Peter K. McKee (1934-1967)
Benjamin M. Butler
July 10, 2013
County of Frederick, Virginia
Planning Department
107 North Kent Street
Winchester, VA 22601
RE: Final Title Certification
Property of. Paul G. Anderson, Jr. and Mary R. Anderson
Property Address: 1009 Germany Road, Stephens City, VA 22655
Tax Map Number: 73-A-29
My File: 13334
To Whom it May Concern,
J U L 1 1 2013
COUNTY
OUNTY
P1
I have examined the indices to the deed books, judgment lien docket books, financing statement
books, miscellaneous lien books and will books in the Office of the Clerk of the Circuit Court of Frederick
County, Virginia, relative to all that certain property lying and being situate along the western side of
Germany Road (Va State Route 625) in Frederick County, Virginia containing 41.3784 acres and more
particularly described on the plat of survey drawn by Elliott Richie Jr., dated August 24, 2012 and by this
reference made a part hereof as if set out in full and being the same land conveyed to Paul G. Anderson, Jr.
and Mary R. Anderson, his wife, by Deed of Gift dated January 30, 2013 from Ruby N. Ridings, widow, of
record in the Clerk's Office of the Circuit Court of Frederick County, Virginia as Instrument Number
130001294.
The period of this examination is from April 8, 1935 to July 10, 2013
Based upon this examination, I am of the opinion that the fee simple title is vested in Paul G.
Anderson, Jr., and Mary R. Anderson, his wife as tenants by the entireties, with common law right of
survivorship, by virtue of the above mentioned Deed subject only to the following:
1. The 50 feet right of way extending along the southeastern boundary of the subject property from
Tax Map 73 -A -29A to State Route 625 (Germany Road) which right of way was established in that
certain Deed of Gift dated May 13, 1998 from Ruby N. Ridings as Grantor to Michael P. Anderson
as Grantee of record in the Clerk's Office of the Circuit Court of Frederick County, Virginia in
Deed Book 904 at Page 1559 with plat attached thereto of record in Deed Book 904 at Page 1560 et
seq. drawn by Elliott Ritchie dated May 6, 1998.
2. By Right of Away Agreement dated June 4, 1998, Ruby Ridings granted a right of way to The
Potomac Edison Company for electric lines over the subject property, which right of way is of
record in Deed Book 913 at Page 172.
3. The plat of survey drawn by Elliott Richie, Jr. dated August 24, 2012 attached to the Deed of Gift
dated January 30, 2013 from Ruby N. Ridings, Widow to Paul G. Anderson, Jr. and Mary R.
Anderson, of record in the aforesaid Clerk's Office in Deed Book 904 at Page 1560, et seq., and
which shows a building described as hay loft straddling the boundary line between Tax Map 73-A-
29 and 73 -A -29B.
Taxes for the first half of 2013 have been paid; taxes for the second half of 2013 will be due on
December 5, 2013, and thereafter, taxes will be due on June 5th and December 5th of each year which they
are due.
The opinion as to the status of the title to the above property is based upon examination of the
public land records in the aforesaid Clerk's Office and due diligence in the examination thereof in this
respect is warranted, but no responsibility is assumed for the accuracy of the indices to the records in the
Clerk's Office. I do not assume any responsibility for the accuracy of the descriptions contained in the
deeds, and this examination is subject to any errors in description that may be disclosed by a survey of a
competent surveyor.
No certification is made with reference to any unrecorded leases, taxes becoming due, but not yet
payable, any encroachments of buildings or fences on these or any adjoining premises, any statement of
facts that a survey would show, unrecorded Federal and/or State liens, any law, ordinance, or governmental
regulation, including, but not limited to, building, zoning and subdivision ordinances restricting or
regulating or prohibiting the occupancy, use, or dimensions or area of any lot or parcel of land, or errors in
the completion and acknowledgment of documents recorded by parties other than this law firm.
Very truly yc
Z
I'BENJAMIN
Uviulowl
Cc: Paul G. Anderson, Jr. and Mary R. Anderson