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HomeMy WebLinkAbout06-05 Deed�i i" { } .......... #1789 MARJEC, INCORPORATED - DEED OF DEDICATION BOOK 367 PACE 583 THIS DEED OF DEDICATION, ma de . and dated this 13th day of July, 1970, by Marjec, Incorporated, a corporation organized and existing under the lawn of the State of Maryland and licensed to do business in the State of Virginia, which is the land owner in those four (4) certain plats and surveys, to -wit: Plats 1 and 2, Section 30, Shawnee Land, dated June 5, 1970, and Plats 3 and 4, Section 30, Shawnee Land, dated June 30, 1970, all of which are drawn by Darrell E. Rodgers, Certified Land Surveyor, and attached hereto and made a part of this deed of,dedication. WHEREAS, the Board of P.irectorsof Marjec, Incorporated by its Charter and By -laws, has authority to buy, subdivide and sell real estate; and, WHEREAS, the Board of Directors of Marjec, Incorporated on Motian duly made, seconded and passed at a regularly called meeting for this purpose, by its consent and authority has approved the aforesaid plats for the subdivision of its land lying and being situate about Can (10) miles Southwes of Winchester, Virginia, in Back Creek Magisterial District of Frederick County, Virginia, ad designated as follows: "Plat 1, Section 30, Shawnee Land ", containing lots 1 through 7, and 18 through 24, fronting on Abelia Trail and Capon Springs Trail;' i "Plat 2, Section 30, Shawnee Land" containing lots 7 through '18, and fronting on Capon Springs Trail and Aster Trail; "Plat 3, Section 30, Shawnee Land" containing lots'25 through 31 and 39" through 45, fronting on Beta Trail and Capon Springs Trail; and 16 �! C i i I i i j I i i f MK. 367 PAGE 584 "Plat 4, Section 30, Shawnee Land ", containing lots 31 through 39, fronting on Capon Springs Trail and Bee Trail. This is - property that was conveyed to Marjec, Incorporated by deed from Robert Cone Williams and wife, dated June 19, 1956 and rem rded in the Clerk's office of the Circuit Court of Frederic k County, ICI Virginia, in Deed Book 242, Page 26. WHEREAS, the said deed of dedication does not - include the dedication of streets, trails or rights of way set i forth on said plats for the use and benefit of the public, but only as a right of way to and from said lots for the use and benefit of the lots owners and members in good standing and their Approved guests, agents and invitees of the Grantor and its - successors in title; and, WHEREAS, it was further resolved by the Stockholders of Marjec, Incorporated that the President and Secretary of Marjec, Incorporated be directed to executd -and acknowledge:: the same on behalf of the Corporation and to see to it that it is approved by the proper officials of said County and State, and that the same be recorded by the Clerk of the Circuit Court of Frederick County, Virginia among the land books of said County. This deed of dedication to said lots is made subject to all the following restrictions and covenants which shall be deemed to run with the land for the mutual protection and benefit of all lot owners: (1) No structure or building of any kind, or construction of any sort shall be placed or constructed upon this property unless and until plan and description of same shall have 2 ;I snc ... , +... na 367 PASS 585 been submitted in duplicate to, and approved in writing by the Architectural Committee appointed..by the Board of Marjec, Inc., or other proprietor. i f (2) Except with the written consent of the - Architectrual Committee, no structure, tent, outside toilet, or other living quarters, temporary or permanent, shall be placed. i upon any part of the property covered by this deed of dedication. The use of house trailers is not permitted in the subdivision I development known as Shawnee Land. (3) Building may be of a contemporary period or ' modern deisgn, and may be constructed of wood, logs, stone, masonry or composition, but must be finished or painted in such i a manner as not to detract from, or mar the natural beaty of the surroundings. - i (4) In the event a non - governmental central water system is installed, or this property is on an existing system i which is vices the lot in this deed of dedication, there will be a minimum nnual front foot benefit fee of 15 cents per front j i foot, not to exceed 100 feet per lot. This charge will become i I effective only after the non - governmental water system is avail- I I able to the lots in this deed of dedication. j (5) No outhouses shall be permitted on any part 1 of the property. All toilet facilities must be within the main ! j dwelling. (6) No structure may be placed nearer than twenty- five feet from any front: or ten feet from any side or rear line of any abutting property line. _ - 3 - � E , i • I . i BOOK 367_ PnE 5166 (7) No cabin or dwelling sha11 be built unless it contains a minimum floor area of 400 square feet exclusive of porches and patios, and the side nearest the ..road is at least 20 feet wise. - (g) No more than one building (single family use) may be built on any one lot except on lots designated for multiple units. (9) Garages, porches and patios, carports or car shelters, if built, shall be attached to, and a part of the main dwelling. (10) No lot may be subdivided, or easements granted without written approval by Marjec, Inc., or other proprietor. (11) Members and their guests shall comply with all existing or future Federal, State and County laws, regulations, ordinances and the like, or any duly promulgated regulations of the Board of Marjec, Inc., or its assigns. (12) No open fires shall be permitted on any ;part.,, of the property. Outdoor fireplaces, if built, and all chimneys shall be provided with fire screens. (13) No building shall be used for any other.than., single family residential purposes (except on lots otherwise designated by Marjec, Inc., or other proprietor) and no offensive trade or other offensive activity shall be carried on, on said l lots, nor shall anything be done thereon which may constitute or become an annoyance or a nuisance. (14) No trees over two inches in diameter shall be cut down without permission of the Architectural Committee. I II 4 , i` l toot 367 Fm 587 (15) No signs of any nature, whatsoever shall be permitted on the property except one name sign not exceeding i 6 inches in height and 36 inches in length. .j. (15) Garbage must be kept in covered metal - containers, or buried, and trash, tin cans, bottles, paper, etc. i shall be kept in wire or atal containers, or buried. I . (17) No rifles, shotguts or sma 11 arms shooting I shall be permitted anywhere in Shawnee Land, except in areas reserved and designated for such use by Marjec, Inc. ! (18) All roads and driveways within the property I 4ereby conveyed are to remain private, to be used by members in 'I i good standing and their approved guests only. _ (19) Seller reserves a right-of -way with right of entry upon, over, across and through said lot for the purpose of constructing, operating, "maintaining and repairing, pcle lines I for electrical and telephone service, and other utilities, reserving to the seller the sole right to convey the rights hereby reserved. I (20) All Membership Applications and Sales Contract including originals, resales, etc. are subject to the approval of the Board of Directors of Marjec, Inc., or other proprietor and the right of said Board of Directors to infuse said contracts and applications is reserved. Membership in the Shawnee Land' Club in the subdivision development known as Shawnee Land is I mandatory for all persons owning property in Shawnee Land. ' (21) This deed of dedication does nctinclude the dedication of the streets, trails or rights of way set forth on 1 - _. _ I I_� I i � Boa 367 FACE 588 said plats for the use and benefit of the public, but only as a right of way to and from said lots for the use and benefit of the members in good standing and their approved guests. The said Corporation does hereby declare that it is the owner of said property and that it desires to dedicate and does hereby make this deed of dedication of said subdivision of - its own free will and consent. 6ZTNESS the following signatures of Donald R. Lamborne, President of Marjec, Incorporated, and its Corporation ... Seal hereto affixed and attested by Jean Lamborne, its Secretary, NCO "•.tee, first date hereinabove written. NARJEC, INCORPORATED D� NIDi, `L BY Donald R. Lamborne, President (Corporate Seal) r Attest By: o 3... 'a - c- , Secretary' U. P06FF Lry n'.AO0.i+4 �RCif. t66. STATE OF MARYLAND COUNTY OF MONTGOMERY, To -wit: 1, N. R. STCUIH , a Notary Public in and for the State and County aforesaid, do hereby certify that D. Rac Eq LAM 6oWW15 l grz r Donald R. Lamborne', and ; •ea: — T - m President andIISecretary u " - ,c,C spectively of Marjec, Incorporated whose names are signed to ncj vi O i'I a foregoing deed of dedication bearing date the 13th day of ° ' •' ;l•f .aJcl 1970, have personally appeared before me in my County and • State aforesaid, and acknowledged the same. Given under my hand this ..n day of 1970 My commission expires )h Cc7nI:.IOn G�h<; luly 1 19'd / - Notary Public 6 _ �I 0 0 040022)04 0 r\; N O N .b N ro o ro � a •a on ro F+ G 7 o � u u m ro v o G �7 M .0 3 m s, ro v d 0 00 N O M o d •N rn ro m ra v •.1 H to o m U H SCULEY a GLASS ATTORNEYS AT LAW 20 SOUTH KENT STREET NINCHESTER. VIRGINIA THIS DEED, made and dated this 1 of October, 2004, by and between WAYNE A. PUTNAM TRUSTEE, andJOYCE C. PUTNAM TRUSTEE, as Trustees under the Putnam .Fawi /y Trust mated Deceirbei 1 1995 parties of the first part, hereinafter called the Grantors; and LAWRENCE E. PLASTERS party of the second part, hereinafter called the Grantee. WITNESSETH: That for and in consideration of the sum of Ten Dollars ($10.00), cash in hand paid and other good and valuable consideration, receipt whereof is hereby acknowledged, the Grantors do grant and convey, with General Warranty and with English Covenants of Title, unto the Grantee, in fee simple, all of the following realty: All of that certain lot or parcel of land, together with all rights, rights of way, privileges, any improvements thereon and appurtenances thereunto belonging, lying and being situate in Back Creek Magisterial District, Frederick County, Virginia, designated as LOT 10, PLAT 2, SECTION 30, SHAWNEE LAND SUBDIVISION, as described and set forth in the Deed of Dedication of Marjec, Inc., dated July 13, 1970, of record in the Office of the Clerk of the Circuit Court of Frederick County, Virginia, in Deed Book 367, at Page 583; AND BE /NG the same property conveyed to the Grantors herein by Deed of Gift from Wayne A. Putnam and Joyce C. Putnam, husband and wife, dated December 1, 1995, recorded in the aforesaid Clerk's Office in Deed Book 850, at Page 86. 0 _I r>: C-0 Reference is here made to the aforesaid instruments, the attachments thereto and the references therein contained for a further and more particular description of the property hereby conveyed. This conveyance is made subject to all legally enforceable restrictive covenants and easements of record affecting the aforesaid realty. WITNESS the following signatures and seals: a (SEAL) WA E A. PUTNAM, TRUSTEE 4 (SEAL) JOY ft C. PIJJTNAM, TRUSTEE SCUILY 8 GLASS ATTORNEYS AT LAW 20 SOUTH KENT STREET NINCHESTER, VIRGINIA 0J • �J P1 w .Y STATE OF MARYLAND ( `1 OF Wi if,+Cf- C&C'O'Cc tS , to - wit: I I, AoAf/G� 4 .S��-` , a Notary Public in and for the State and jurisdiction aforesaid, do hereby certify that Wayne A. Putnam, Trustee, and Joyce C. Putnam, Trustee, whose names are signed to the foregoing Deed, bearing date of the aisr day of October, 2004, have this day personally appeared before me and acknowledged the same in my State and jurisdiction aforesaid. Given under my hand this day of October, 2004. Notary Public" , My commission expires - DANIELA.STERN NOTARY PUBLIC STATE OF MARYLAND = .•' Q ✓ My Commission Expires January 31, 2005 SCUUY a GLASS ATTORNEYS AT LAW 20 SOUTH KENT STREET . w`'uccrco MOMMIe This ustnirnent 01 V,.. -s n f� 2