HomeMy WebLinkAbout03-25 Deed of Vacation6/26/25, 3:41 PM Sra
200001-743
THIS INSTRUMENT PREPARED WITHOUT - o
BENEFIT OF TITLE FxAIMNATION BY: cr'
Joseph F. Silek, Jr., P.C.
43 Chester Street
Post Office Box 602
Front Royal, VA 22630
(540) 635-9415
(540) 63579421 (FAX)
Robert J. Light, Esq. — VSB #43553
Email: rli—lit.&sileki)c:com
THE EXISTENCE OF TITLE INSURANCE IS UNKNOWN
TO THE PREPARER OF THIS INSTRUMENT
DEED OF VACATION
OF PUBLIC STREET
KNOWN AS RYCO LANE
THIS DEED' OF VACATION made and entered into this 5? day .of.
]�.�.�.�, _jie✓" 2019, • by and between COUNTY OF FREDERICK.'
VIRGINIA. a Virginia body politic, party of the first part, Grantor, and
FREDERICKTOWNE GROUP. LC_ a Virginia limited liability company, with an
address of 130 -South Cameron Street, Winchester, Virginia 22601; C. WILSON
FLETCHER & LINDA W. FLETCHER- husband and wife, with an address of P.O_ Box
1425, Winchester, Virginia 22604; and I IORIZON COMMONS. LLC, a Virginia limited
liability company, with an address of 40 East 6911' Street, New York, New York 10021, all
of whom are to be indexed as Grantees.
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`PVITNES ETFI: �.r7
WHEREAS, by Deed of Subdivision -and Dedication and Easement dated December 9, 1999 and
recorded among the land records of the Frederick County, Virginia Circuit Court Clerk's Office
beginning at Deed Book 955, Page 0152 (the "Dedication"), Fredericktowne Group, LC, did
dedicate for public street purposes that certain street referred to as "Ryco Lane"
WHEREAS, Ryco Lane is more particularly described and shown on a certain plat and survey
prepared by David Spriggs, Latid Surveyor, dated October 25, 1999 entitled, "Final Subdivision
For Prince Frederick Office Park Phase 2, Shawnee Magisterial District, Frederick County,
Virginia" which is recorded among the land records of the aforementioned Clerk's Office as part
of the Dedication at Deed Book 955, Page 0155 er seg. (the "Subdivision Plat");
WHEREAS, the undersigned Landowners are all of the property owners immediately adjoining
or contiguous to Ryco Lane;
WHEREAS, Frederick County, Virginia (hereafter the "County").is the locality in which Ryco
Lane is located and shown; acid
WHEREAS, the undersigned Landowners and the. County are entering into this instrument for
the express purpose of agreeing to the vacation of all rights of the public in and to Ryco Lane
pursuant to authority granted by §15.2-2272(1) of the Code of Virginia, 1950, as amended.
NOW, THEREFORE, WITNESSETH, that for and in consideration of the aforesaid, the
aforementioned County, upon request of the above -defined Landowners and pursuant to
authority granted by § 15.2-2272(1) of the Code of Virginia, 1950, as amended, hereby releases,
grants, conveys and vacates all rights of the public (including but not limited to any public
easement rights) in and to Ryco Lane as more particularly shown and designated on the attached
plat entitled, "Plat Showing Vacation of Frederick County Right of Way (Ryco Lane) And
Boundary Line Adjustments of Various Parcels and a New Frederick County Sanitation
Authority Easement; Shawnee District, Frederick County, Virginia," dated November 8, 2019,
prepared by Kevin D_ Shreiner, Land Surveyor (hereafter the "Vacation Plat").* This Deed of
Vacation does hereby vacate those portions of the Dedication and the Subdivision Plat dedicating
Ryco Lane for public street purposes.
The Landowners, as defined above, join in this instrument for the purpose of confirming that
they have requested that the County vacate all rights of the public in Ryco Lane.
Upon recordation of this Deed, fee simple title to'Ryco Lane hereby vacated shall transfer and
vest fee simple title to the centerline of Ryco-Lane in those Landowners whose lots abut Ryco
Lane.
Notwithstanding anything herein to the contrary, this instrument is not to be interpreted as
having vacated any private easement rights of any person or running with any parcel of land
which may exist in any portion of Ryco Lane. Specifically, this instrument does not purport to
vacate a certain right of way of ingress and egress to and from State Route 50 as shown on those
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certain plats of survey made by H. Bruce Edens, C.L.S., dated the 24Ih day of January 1973 and
recorded in the Clerk's Office of the Frederick County, Virginia Circuit Courtin Deed Book
405, at Page 222, and Deed Book 412, at Page 434, respectively.
Reference to which said plats and deeds is hereby had for a more particular description of the real estate herein conveyed and for further derivation of title thereto. o
y
This conveyance is made and accepted subject to all other easements, restrictions, and
conditions, if any, of record in the aforesaid Clerk's Office, pertaining to or affecting the
real estate herein conveyed.
SIGNATURES AND NOTARY ACKNOWLEDGMENTS APPEAR
ON FOLLOWING PAGES
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COUNTY OF FREDERICK, VIRGINIA: o
By:
Kris . Tic ty Administrator
COMMONWEALTI-I OF VIRGINIA
COUNTY OF FREDERICK, to -wit:
I, the undersigned, a Notary Public in and for the State and City/County aforesaid,
do hereby certify that Kris C. Tierney, whose name is signed to the foregoing Deed of
Vacation dated the q44"- day of 2019 in his capacity. as County
Administrator of the County of Frederidk, Virginia has this day personally appeared and
acknowledged the same before me in my State and County aforesaid.
hand this 1 i day of Frr1��`T 20 Y9.
(SEAL)
NOTARY PUBLIC ¢ t Y 1 .3
'Approved as to Form:
Roderick B. Williams, Esquire
County Attorney
4
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FREDERICKTOWNE GROUP, LC
BY= (SEAL)
Lewis M. Costello, Manager
COMMONWEALTH O+FI VIRGINIA .
6�OUNTY OF ,1V I CEt , to -wit:
1, the undersigned, a..Notary Public in and for the State and City/County aforesaid,
do hereby certify that Lewis M. Costello, whose name is signed to the foregoing Deed of
Vacation dated the q -! h day ofUGyY% b<far- , 2019 in his capacity as Manager of
Fredericktowne Group, LC, has this day personally appeared and acknowledged the same
before me in my State and City/County aforesaid..
Given under my hand this q+V-, day of �4�r �l�e - , 2619_
(SEAL)
NOTARY PUBLIC
Notary Registration No:_ -17 r3 130.6
My Commission Expires: Ct 2Q 22
5
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HORIZON COMMONS, LLC
By: (SEAL)
1
Authorized Agent
STATE OF ALE10e-A-
CITY/COUNT-YoF N&-jtl 2�o,<-A , to -wit:
I, the undersign, a�axy�Pbsn and for the State and City/County aforesaid,
do hereby certify that gM 1 jj , whose name is signed to the foregoing Deed
of Vacation dated the /& 'day of C e ✓ 2019 in his capacity as an
Authorized Agent of Horizon Commons,. LLC, has " this day personally appeared and
acknowledged the same before me in my State and City/County aforesaid_
(3iven under my hand this 1~day ofC;6ez 2019..
NOTARY PUBLIC
Notary Registration No: 01-S/6G36 7%73,
My Commission Expires:
DOMINIQUE SANTA14A
Notary Public. State of New York
No. 01 E AKWFG 979
CftndHied In Queens County
Comm}ssion Expires December 4. 202f
to
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(SEAL)
C. WILSON FLETCHER
COMMONWEALTH O VIRGINIA
CITY/COUNTY OF , to -wit:
. I, the undersigned, a Notary Public in and for the State and City/County aforesaid,
do hereby certify that C. Wilsop F1etch ose name is signed to the foregoing Deed.of
Gift of Easement dated the 3� day o -o 404-9-, has this day personally
appeared and acknowledged the same before me in m State and City/County aforesaid.
Given under my hand this �� day of�(�i�' ��,� ,-36437t•
L' S L)
A(:)ARY PUBLIC
Notary Registration No:. 133 q?—
My Commission Expires: `t 3Q 1 U oZ
-� ...........ue��cZE
•,,,� �VkYEAL�f���•.
c=�
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-ZFY.� (SEAL)
0
LINDA W. FLETCHER u;
COMMONWEALTH F VIRGINIA
CI"TY/COUNTY OF iLto-wit:
I, the undersigned, a Notary Public in and for the -State and City/County aforesaid,
do hereby certify that Linda W, Fletcher, wl a name is sigaesi to the foregoing Deed of
Gift of Easement dated the 3�D}' day of zhas this day personally
appeared and acknowledged the samet t
before me in my So and City/County aforesaid.
Given under my hand this l day of
r
Notary Registration No.
Cy �''�
.::�'
S ra O !%� g\pN S s
My Commission Expires:Lk 3D
!ee'�es`'�nlirt(t✓Ai.�
•��lif1��_.a 60�1 zt`�`�
C,
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VIRGINIA: FREDERICK COUNTY.SCT.
This instrument of writing°was produced to me on
_ 2 - 13 -202-O at // 56 4)./h-
and with certificate acknowledgement thereto annexed
was admitted to record. Tax imposed by Sec. 58.1-802 of
$ • ! V /A, , and 58.1-801 have been paid, if assessable.
n , Clerk
t Li
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