HomeMy WebLinkAbout09-20 Deed200009358
This Deed of Easement is exempt From hording taxes pursuant to Va. Code § 58.1- 811(D) as a Deed
of Gift with no consideration.
Prepared by and Andrew P. Hill, VSB No. 80474
return to: Mata & Hill PLC
25 S. Royal Avenue
Front Royal, Virginia 22630
Consideration: 'Zero
Tax I.D.: 22 A 19F
22 A 19G
O,X4 Ckaotrt.-
THIS DEED OF EASEMENT is ;wade this 1s - day of ,
2020, by and between JAIME M. LEE and SUSAN C. jam, husband and wife, parties of
the first part (hereinafter referred to as the "Grantors "), whose address is 336 Peeper Lane,
Winchester, Virginia 22603, and RICHARD W. DAUGHL'RTY and SUSAN E.
DAUGHERTY, husband and wife, parties of the second part (hereinafter referred to as
the "Grantees "), whose address is 348 Peeper Lane, Winchester, Virginia 22603.
RECITALS:
WHEREAS, the Grantors are the owners of certain real estate described as Lot 7,
Frog Hollow Estates, comprising 6.00 acres, more or less, commonly known as 336 Peeper
Lane, Winchester, Virginia 22603 (Frederick County Tax Map No. 22 A 19F) (hereinafter
referred to as "Lot 7"); and
WHEREAS, the Grantees are the owners of certain real estate described as Lot 8,
Frog Hollow Estates, comprising 6.00 acres, riore or less, commonly known as 348 Peeper
Lane, Winchester, Virginia 22603 (Frederick County Tax Map No. 22 A 19G) (hereinafter
referred to as "Lot 8 "); and 6a roes boro -D-1 ; d-
WHEREAS, the Grantees desire to obtain, and the Grantors desire to grant to
Grantees, their successors and assigns (including any and all future owners of Lot 8), a non-
exclusive easement (hereinafter referred to as the "Easement ") over a portion of I.ot 7 on
the conditions set forth in this instrument and in the location shown on the attached plat
prepared by Christopher D. Furstenau, L.S., dated July 15, 2020 (hereinafter referred to as
the "Plat "), a copy of which is attached hereto and incorporated herein by this reference
as if expressly set forth in fill;
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NOW, THEREFORE, THIS DEED OF EASEMENT WITNESSETH: That for
good and valuable consideration, the receipt and sufficiency of which is hereby r`
acknowledged, the parties hereto agree as follows:
1. The Grantors hereby grant a non - exclusive Easement to the Grantees, their
successors and assigns, over and across that portion of Lot 7 shown on the Plat
and designated as "Tower Easement Hereby Created (6935 sq. ft.)"
hereinafter referred to as the "Easement Area ").
2. The Easement is a "fall easement" for a telecommunications tower sited on Lot
8 (hereinafter referred to as the "Tower "), as shown on the Plat. The
Easement Area is designed to cover the maximum distance from which the
Tower can fall in the event of a collapse.
3. Under the Easement granted by this Deed, the Grantees, their successors and
assigns, only have the right to enter on to Lot 7 in the event of a collapse of the
Tower. In the event that such entry is necessary, Grantees, their successors and
assigns, shall ensure, to the greatest extent possible, that I.ot 7 is restored to its
condition immediately prior to any collapse.
4. The Easement created by this Deed shall constitute a covenant running with the
land and shall be a perpetual easement, binding the Grantors, the Grantees, and
each of their successors and assigns.
Reference is hereby made to the aforesaid instruments and the references therein
contained for more particular descriptions of the property hereby conveyed.
This Deed of Easement is made subject to all easements, rights of way and
restrictions of record, affecting the subject property.
2
WTI*NESS the following &iz:,pj -re i acid :,eats: PO
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CITY/COUNTY OF to -wit'? r, V ,.,' °
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Tire foregoing instrument was acknowledged before me this day of
2020, by Taime M. Lee and Susan C. Lee.
My commission expires: .... ....... ....
q0T AR Y I'uB11C
SEAL}
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SUSAN F. DA1JGHrRTY
COMMONWEALTH OF VIRGINIA '
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to t:
ne foxg0ing inmument was ackww1rdged before me t1fis day of
2020, bry R;6prd W. lNug"- inid ISUSIM E. Nugherty,
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My commv,"M cxpms: 3--
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ALESSANDRA 1) LANZETTA
NOTARY PUBLIC
Commonwealth of Virginia
Reg. *77854835MyC."orrimisvon Expires
4 -
PROPOSED TOWER LOCATiON
LOT 8 S 40°00'32" I LOT 4N
TOWER EASEMENT It o9,7_`\,,",
LOT 7 S 40*01'04" Vl 64.11 6 /s 27: C l 0 1 11 w Cl
12681' T'-' FROG HOLLOW ESTATES clC'
GAINESBORO DISTRICT
FREDERICK COUNTY, VIRGINIA LOT 8
6.0000 ACRES
ry
XEX. DWELLING # 348
STAKE J Q
NEW
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TOWER
LOCATION
WELf.
T
STAKE
IRF
Ek WIR)TAN
TBR
GARAGE
Crj j TOWER EASEMENT n
HEREBY CREATED co
0 STAKE cD (61335 SQ. FT.)
co
to
to EX. DPAJNFIELD BUFFER ESM'F
1
IRRILLHOLE
PEEPER L A AlE IN CONC,
50' R/W AND UTIL. ESVI'T
7
j
445 '
2C1'
N/F
96p / 794
O
CDF LAND SURVE"NG
CHRISTOPHER D. FURSTENAU, L.S.
IAND St'Rlv%YviG-LA_*4D mANNING-CONSULTATIOIN i
D, v
1520 COMMERCT STREET, $109 WINCHESTER, VIRGINIA
W grU-4268 FAX 548 721-3242 ckriAopher*tdfturveyjugco_
FURSTENAU ATE: .JULY 15, 20120
LIC, 'No. 272.7 CALF,: i'= 100'
JULY f5. 2020 TAX MAP. 22—A-196:
4AID S
VIRGINiA: FREVM 21( (OUNTy,tt
Thi'. 4w7jjmK,-jtj; iiiiij!jo to mt, pm
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arc annexed
was admM tv wcot, W IMPUMd OY 5a SUM of
54.1 b^41 have i ter om'j, if assessable.
Clerk