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HomeMy WebLinkAbout21-06 DeedR--; M 10 THIS DOCUMENT PREPARED WITHOUT TITLE EXAMINATION. E�918PG 1 139 EXEMPT FROM RECORDATION TAXES UNDER THE PROVISIONS OF SECTION 58.1 -811 A(10) OF THE 1950 CODE OF VIRGINIA, AS AMENDED THIS DEED made and entered into this _L/ day of w 7E -z 1998, by and between, C. Ridgely White and Eleanor S. White, his wife, both individuals and residents of Frederick County, Virginia, hereinafter referred to as Grantors, and 740, LLC, a Virginia limited liability company, hereinafter referred to as Grantee. WITNESSETH: v, q - 9 M a $ `d � crt�s ¢ffMy A. H tw. PC F THAT FOR good and valuable consideration, the receipt of which is hereby acknowledged, each of the Grantors does hereby grant and convey, with General Warranty of Title, unto the Grantee, all of his and her right, title, and interest in the following described property with all improvements, privileges, and appurtenances therewith connected, to-wit: ALL that certain parcel of land containing 25 acres, more or less, in Back Creek District, Frederick County, Virginia and being the same property conveyed to C. Ridgely White from Lucy M. Hack by deed dated May 9, 1967, of record in the Clerk's Office of the Circuit Court of Frederick County, Virginia in Deed Book 330, at page 414. BEING that same property in which Eleanor S. White received a two percent (2 %) property ownership interest, as tenants in common, in fee simple absolute conveyed from C. Ridgely White by Deed dated Tc, N- L 1998, of record in the Clerk's Office of the Circuit Court of Frederick County, Virginia in Deed Book olo6, at page 5 / . Reference is hereby made to the aforesaid deeds and to the references contained therein for a more complete and particular description of the tract or parcel of land conveyed by this Deed. This deed is made subject to the conditions, restrictions and easements set forth in deeds of record conveying the land and constituting constructive notice, insofar as FU I ri 0" 11110 Li the same may now be in force and effect, but this deed shall not be construed as extending or reimposing said restrictions. - WITNESS the following signatures and seals: C. Ridgely White By; 1����e (Seal) M. Willis White, as attomey -in -fact for C. Ridgely White rzt�, Eleanor S. White By: , /� /w L�� (Seal) M. Willis White, as attomey =m -fact for Eleanor S. White tow QYkeS eN*eV R. 1 o 4,v. P.C. 1 COMMONWEALTH OF VIRGINIA CITY / COUNTY OF 4� to -wit: The foregoing instrument was acknowledged before me in the jurisdiction oi aforesaid this / r •I day of 1993, by M. Willis White, attomey -in- fact for C. Ridgely White and Eleanor S. White, on their behalf. 0Ut Given under my hand this day of D6 19M •° '.T• �� rt _ of Public My Commission expires: VIRCINW FRMMOK COUNN WE Thl Inanument o wu 8,Qr��qduced to ma on the and with cer1171w1e of ecknowledpment therein a exnc W35 ec Wed to record. Tu Imposed or 56c. §9.1 -out oI $ ,entl 6a.1 -Uot her / e h.e, P.1d. It assnseeola. X Clerk ry C� 030024683 THIS DEED is made this 17th day of October 2003, by and between PEMBROKE COVE PROPERTIES, L.LC., a Virginia limited liability company, and Kenneth F. 3 � NL4RSHALL, Grantors, and GREYSTONE PROPERTIES, LLC, a Virginia limited liability company, Grantee. WITNESSETA: That for and in consideration of the sum of Ten Dollars {$10.00) cash in hand paid by the ' o Grantee to the Grantors, and other good and valuable consideration, the receipt whereof is hereby N acknowledged at and before the sealing and delivery of this deed, Grantors do hereby grant and convey with Special W ananty, subject to easements, restrictions and reservations of record, unto Greystone Properties, LLC, a Virginia limited liability company, all that certain parcel of land .$$ containing 112.1850 acres, more or less, and that certain parcel of land containing 7.082 acres, i more or less, both situate in Frederick County, Virginia, together with the improvements thereon, and all rights, privileges, appurtenances, easements and rights of way thereunto belonging or in anywise appertaining, more particularly described as follows: ` Tract One: 112.185 Acre Parcel All that certain lot, piece or parcel of land, with all improvements thereon, lying and in Frederick County, Virginia, consisting of approximately 112.185 acres situated (more or less) and is more particularly described in that survey prepared by Marsh & Legge Land Surveyors, P.L.C. dated August 10, 1995, with such survey being attached to the Deed of Confirmation/Correction dated August 26, 1997, recorded in the Clerk's Office of the Circuit Court of Frederick County in Deed Book 886, page 445. Being the same property acqu by Pembroke Cove Properties, L.L.C., a one -half interest, by Deed dated February 17, 1995, of record in the aforesaid Clerk's Office in Deed Book 834, page 1176, and by Deed of Confirmation/Correction from Clyde Lee Marshall, which deed is dated August 26, 1997 and recorded in the aforesaid Clerk's Office in Deed Book 886, page 445; and the remaining one -half interest, by Deed from Kenneth F. Marshall, as Trustee under the Francis J. Marshall, Jr. Residual Trust UJW, dated February 17, 1995, and recorded in the aforesaid Clerk's Office in Deed Book 834, page 1I78, and by Deed of Confirmation/Correction from Kenneth F. Marshall, As Trustee Under the Francis J. Marshall, Jr. Residual na do .n , wmpreparedby Kepler Obn14111PC P.O. bar 1281, Harruo�Du.�. Y471ni, 22803 . 0 0 0 N Cd ry Trust U /W, dated August 26, 1997, recorded in the aforesaid Clerk's Office in Deed lap Book 886, page 449. Tract Two: 7.082 Acre Parcel All of that certain lot or parcel of land, containing 7.082 acres, more or less, lying and being situate in Back Creek Magisterial District, Frederick County, Virginia, located on the North side of Route 622 also known as Cedar Creek Grade for a length of approximately 402', having approximately 724' on its Eastern boundary, having approximately 295' on its Northern boundary and having approximately 1005' on its Western boundary and containing 7.082 acres, as per plat and survey of Lee A. Ebert, C.L.S., dated November 2, 1981, recorded in the aforesaid Clerk's Office at Deed Book 543, page 247. Being the same property acquired by Kenneth F. Marshall by Deed from Kenneth F. Marshall and Mary L. Marshall, his wife, which deed is dated September 11, 1997 and recorded in the Clerk's Office of the Circuit Court of Frederick County, Virginia, in Deed Book 887, page 893. This conveyance is expressly subject to easements, conditions, restrictions and reservations contained in duly recorded deeds, plats and other instnunents constituting constructive notice in the chain of title to the property hereby conveyed, which have not expired by limitation of time contained therein or otherwise become ineffective. WITNESS the following signature and seal. enneth F. Marshall IN WITNESS WHEREOF, PEMBROKE COVE PROPERTIES, L.L.C. has caused this deed to be executed in its name and on its behalf by the undersigned on due authority. PEMBRO CE COVE PROP S, L.L.C. Bv: (SEAL) Name: Title N*m 0 v STATE OF VIRGINIA CITY /e0ei OF Law / —. to -wit: My commission expires: 30 OD (SEAL) N ary Public 7 %:•p ,\ a STATE OF VIRGINIA CITY /GGJ WTY O Ft',(��r�n J , to -wit: The for 'n in uument was acknowledged before me in the jurisdiction aforesaid this ,,?day of , 2003, by Kenneth F. Marshall as a member /manager of Pembroke Cove Properties, L.L.C., on its behalf. The fo go n instrument was acknowledged before me in the jurisdiction aforesaid this ,?� ay of , 2003, by Kenneth F. Marshall. My commission expires: (SEAL) Not Public d Grantee's Address: 1 '` 13 South Loudoun Street •i o < ,T Winchester, Virginia 22601 • �c 1. S �. 7 ; c osj22979 r' n V,,RUINIA:FREDERICK COUNTY-SC * on This instrumento�7f writing 2 --6 3 produced )o - -6 at and with certificate of acknowledgement I� 58.1 -80 of was admired to record. T unposed by S 3. 700-00 and 58.1.801 have been paid, if 1111til cietk 1 05- 11-2004 II:5Tam Fram-HARMON 8 JOHNSTON • 54066TI312 7-662 P.002 F-337 h4U!1U() IJn Tax Map _. -A -92 and Tax Map 53 - -92A This insunmenr prepared by, G Recording requested by, .� W A nd when recorded return to: t.0 D _r. hilip Tenley Jones, Esq. Miller and Smidt at Willow Run, L.L.C. c,a 5401 Greensboro Drive Suite 300 McLean Virginia 22102 DEED OF BOUNDARY LINE ADJUSTMENT. VACATION AND SPECIAL WARRANTY CONVEYANCE Between the lands of Willow Grove L.C. and Miller and Smith at Willow Run, L.L.C. Shawnee District Frederick County Virginia THIS DEED OF BOUNDARY LINE ADJUSTMENT, VACATION AND SPECIAL WARRANTY CONVEYANCE is entered into this 17�� of May, 2004, by and between WILLOW GROVE L.C. ( "Willow Gmve'� a Virginia limited liability company, Grantor; and MILLER AND SMITH AT WILLOW RUN, L.L.C. ( "MS "), a Virginia limited liability company, Grantee; and; RECITALS A. Willow Grove is owner of 156.443 acres of land known as Tax Map 53 -A -92 ( "Willow Grove Property"), having acquired the land by a deed recorded in Deed Book 869 at Page 596, among the land records of Frederick County, Virginia ("Land Records'l. B. MS is tite owner of 1.444 acres of land known as Tax Map 53 -A -92A ( "MS Property'7, having acquired the land by deed recorded as Instrument Number Oy00 f 79 , among the Land (0 Records. (Willow Grove and MS, collectively, "Owners'l. c. It is the desire of Willow Grove and MS, their successors and assigns, to adjust the boundary line between Willow Grove Propeny and MS Property, conveying to MS approximately 144.398 acres to form a Final MS Property, as defined herein, and more particularly described in Exhibit A, attached hereto and made a pan hereof, all as shown on the plat attached hereto and made a part hereof. entitled "BOUNDARY LINE ADJUSTMENT, BETWEEN THE LANDS OF WILLOW GROVE L.C. AND MILLER AND SMITH AT WILLOW RUN, L.L.C. by Marsh & Legge Land Surveyors, P.L.C. and dated April 27, 2004 (the "Plat'j. NOW, THEREFORE, WITNESSETH: that for and in consideration of the sure of NINE MILLION TWO HUNDRED FIFTY THOUSANDAND NO /100 DOLLARS (S 9.250.000.00 , cash in hand paid, the receipt and sufficiency of which are hereby acknowledged, the Owners, do hereby adjust the boundary of the Willow Grove Property and the MS Property, in Frederick County, Virginia. as more particularly shown on the Plan, and do hereby declare that this boundary line adjustment is made with their free consent, in accordance with the desires of the Owners, and in accordance with the statutes of Virginia governing the platting of land. -1- 05 -17 -2004 11:57am Fram- NARRISON & J0HNS70A 6406671312 T-682 P.003 F-337 • •cn Final Willow Grove Proper,} Tax Map 53 -A -92 N 139.901 ACRES AND 4.497 ACRES ARE HEREBY SUBTRACTED FROM 1Wi1l0ty go Grove Property) AND 139.901 ACRES AND 4.497 ACRES ARE HEREBY ADDED TO THE ADJOINING 1.444 ACRES (MS Property) TO CREATE ONE PARCEL OF 16.542 ACRES (Final Willow Grove Property Tax Map 53 -A -92) AND DOES NOT CREATE A NEW BUILDING LOT. Final MS Property Tax Map 53 -A -92A 139.901 ACRES ,AND 4.497 ACRES ARE HEREBY ADDED TO (MS Property) AND 139.901 ACRES AND 4.497 ACRES ARE HEREBY SUBTRACTED FROM PART OF THE ADJOINING 156.443 ACRES (Willow Grove Property) TO CREATE ONE PARCEL OF 145342 ACRES (Final MS Propem' Tax Map 53- A -92A) AND DOES NOT CREATE ANEW BUILDING LOT. Final Tax Map 53 -A -92A is now defined as the "Final MS Property" and is more particularly described in Exhibit A, a¢sched hereto and made a part hereof. Final Tax Map 53 -A -92 is now defined as the "Final Willow Grove ProperV' and is more particularly described in Exhibit B, attached hereto and made a pan hereof. CONVEYANCE THIS DEED FURTHER WITNESSETH, That for and in consideration of the sum of Ten Dollars ($10.00) cash in hand paid, the receipt and sufficiency ofwhich are hereby acknowledged. Willoiv Grove does hereby grant, bargain, sell and convey, WITH SPECIAL WARRANTY OF TITLE, unto MS and their successors and assigns, in fee simple, all that certain land and premises situated in Shawnee District. Frederick County, Virginia, known as those former portions of Tax Map 53 -A -92 as listed above as 139.901 acres and 4.497 acres, that are now a part of Final Tax Map 53 -A -92A, all as more particularly described in the Plat ( "Willow Grove Conveyance "). TOGETHER WITH the any buildings thereupon, and all of the ways, easements, rights. alleys, waters, covenants, benefits, rights -of -way, agreements, privileges. and appurtenances and advantages to the same belonging, enjoyed by, or in any way benefiting or appertaining to the New MS Property. TO HAVE AND TO HOLD, the property and appurtenances unto and to the use of Grantee. its successors and assigns in fee simple. forever. AND the Grantor hereby covenants to and with Grantee and its successors and assigns that they have not done or suffered to be done any act. matter nr rhing wharsoevcr. to cncrnnher rho -7- 05 -1 T-200b 11:57am From-HARRISON I JOHNSTON • 5406671312 T -632 P.004 �3T property hereby conveyed; that they will warrant specially the property hereby granted; and that they will execute such further assurances of the same as may be regtusiTe. VACATIOM THIS DEED FURTHER WITNESSETH That for and in consideration of the premises and the sum of One Dollar (S 1.00), cash in hand paid, the receipt and sufficiency of which are hereby acknowledged, MS does hereby vacate all of its right, title and interest in and to those portions of easements recorded in Deed Book 550, at Page 256 shown as "Existing 20' R/W (Hereby Vacated)" on the Plar. The Owners agree that the agreements and covenants stated in this Deed are not covenants personal to the Owners but are covenants running with the land which are and shall be binding upon the Owners, their successors and assigns. The Owners agree that the Recitals are incorporated as if set forth herein. This document may be executed in counterparts, each of which shall be an original but which, taken together, shall constitute one and the same instrument. The provisions of this Deed are severable and the invalidity of one or more of the provisions or the termination of any easement or covenant granted hereunder shall not affect the validity or enforceability of any provision. This Deed shall be governed by and construed and enforced according to the laws of the Commonwealth of Virginia WITNESS the following signatures and seals: WILLOW GROVE: Willow Grove, LC, a Virginia limited liability company By: � White, Manager State of Virginia , Countyof T1cde"h I, the undersigned Notary Public, in and for the State and County aforesaid, do hereby certify that M. Willis White whose name is signed to the foregoing document as Manage on behalf of the Willow Grove. LC, appeared before me and personally acknowledged the same in my jurisdiction aforesaid. f4 Given under my hand and seal this 3 day, of May, 7 J My commission expires: S 7 J N Public � � 4: 3 FLU 05-17-2004 11 :57am From-HARRISON i JOHNSTON . 5406671312 T -662 P.005 F-337 MS: Miller and Smith at Willow Run, L.L.C.. a Virginia limited liability company r i By: A / ��, .�. arles F. S' art Manager State of Virginia County of Fairfax I, the undersigned Notary Public, in and for the State and County aforesaid, do hereby cerrify that Charles F Stuarr. Jr . whose name is signed to the foregoing document as Manager on behalf of the Miller and Smith at Willow Run, L.L.C., appeared before me and personally acknowledged the same in my jurisdiction aforesaid. Given under my hand and seal this / day of May, 2004. My commission expires: 4- 3C• C4 ��� 'otary ublic s rKll -4- 05- 17-2004 11 :5Tam From- HARRISON 8 JOHNSTON • 5406ET1312 T -662 P.006/01: F-337 EXHIBIT A , To DEED OF BOUNDARY LINE ADJUSTMENT Go VACATION AND SPECIAL WARRANTY CONVEYANCE METES AND BOUNDS DESCRIPTION OF THE LAND OF o MILLER AND SMITH AT WILLOW RUN, L.L.C. PIN 53 -A -92A � cn SHAWNEE MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA Area on East Side of Merriman's Lane "Beginning at a point in the center of Merriman's Lane at the most westerly comer of the Willow Grove L.C. land (PIN 53- A -92); thence with the said Willow Grove L.C. land for the four following courses: S 38' 49' 23" E — 1,070.22 feet to a point; thence N 80 23' 26" E — 952.35 feet to a point; thence S 53'46' 18" E — 1,366.24 feet to a point in the southerly line of the 740 LLC land (PIN 53- A -90); thence with the said line of the land of 740 LLC, S 44 32' 51" E — 207.19 feet to a point in the westerly line of the land Greystone Properties, LLC (PIN 53- A -91); thence with the said line of the land of Greystone Properties, LLC, S 35 42' 09" W — 2,403.40 feet to the most westerly comer of the said Greystone Properties, LLC land and the northerly line of the land of Jova Properties, LLC (PIN 63 -A -1); thence with the said Jova Properties, LLC land for the two following courses: N 44 37' 34" W— 1,195.84 feet to the most northerly comer of the said Jova Properties, LLC land; thence continuing with another line of the land of Jova Properties, LLC, S 40° 31'36" W — 241.55 feet to the most easterly comer of the Willow Grove L.C. land (PIN 53 -3 -A); thence with the northerly line of the said Willow Grove L.C. land, N 40 50' 23" W — 571.97 feet to the most easterly comer of the Melco, Inc. land (PIN 53- A -94); thence with the northerly line of the said Melco, Inc, land, N 40 48'27" W — 365.07 feet to the most northerly comer of the said Melco, Inc. land, a comer to the aforementioned Willow Grove L.C. land; thence continuing with another line of the Willow Grove L.C. land, N 41° 01' 53" W — 658.63 feet to a concrete monument found in easterly right of way line of Virginia Secondary Route 621 (Merriman's Lane); thence with the said easterlyri -ht ofway line of Merriman's Lane forthe 13 following courses: N 14 °22' 45" W -78.16 feet to a concrete monument found at the P.C. of acurve to the right; thence with the Arc of the said curve 93.78 feet (Radius = 50.00 feet; Chord = N 13' 26' 54" E — 80.62 feet) to the P.T.; thence N 75 20' 52" E — 228.61 feet to a concrete monument found; thence N 59 10'5 1" E- 109.08 feet to a concrete monument found; thence N 26° 05' 28" E — 98.77 feet to a concrete monument found; thence N 22 35' 16" W — 150.77 feet to a concrete monument found; thence N 31° 54' 53" E — 13s.70 feet to a concrete monument found; thence N 09 48' 02" E — 275.47 feet; thence N 07 05' 21" W — 198.96 feet to the P.C. of a carve to the tight; thence with the Arc of the said curve 481.58 feet (Radius = 624.07 feet; Chord = N 13 5 P 17"E — 469.72 feet) to the P.T.; thence N 11 58' 27" E — 73.79 feet to a point; thence N 54° 02' 19" W — 20.00 feet to a point in the centerline of Merriman's Lane; thence with the said centerline ofMerriman's Lane with the Arc of a curve to the right 117.84 feet (Radius = 477.47 feet, Chord = N 43° 01' 54" E — 117.54 feet) to the point of beginning." Containing ... • • • • • 141.345 Acres AND 5- 05 -17 -2004 11:57am From- HARRISON f JOHNSTON • 5406671312 T-682 P-1307/010 F - 337 EXHIBIT A (continued) To DEED OF BOUNDARY LINE ADJUSTMENT. VACATION AND SPECIAL WARRANTY CONVEYANCE m METES AND BOUNDS DESCRIPTION OF THE LAND OF MILLER AND SMITH AT WILLOW RUN, L.L.C. PIN 53 -A -92A SHAWNEE MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA Area on West Side of Merriman's Lane "Beginning at a point at the intersection of the easterly right of way line of Route 37 and the westerly right of way line of Route 621 (Merriman's Lane); thence with the said line of Route 37, N 10 52' 08" E — 466.39 feet to an iron rod at the most southerly comer of Merriman's Chase Subdivision Open Space; thence with the southerly line of the said Open Space, N 36 50' 22" E — 482.63 feet to a railroad spike found in the westerly right of way line of Route 621 (Merriman's Lane); thence with the said line of Route 621 (Merriman's Lane) for the five following courses: S 04 47' 26" E — 259.50 feet to a point; thence S 00 58' 28" W— 272,68 feet to a concrete monument found; thence S 29 38' 24" W — 271.73 feet to a point; thence S 54 18' 52" W — 226.78 feet to a concrete monument found; thence N 53° 49' 29" W — 93.87 feet to the point of beginning." Containing ........ 4.497 Acres 1.2 5� 05- 17-2004 11:58am From-HARRISON 8 JOHNSTON . 5406671312 T-682 P.008 /818 F -337 • EXHIBIT B To _ DEED OF BOUNDARY LINE ADJUSTMENT, VACATION AND SPECIAL WARRANTY CONVEYANCE J METES AND BOUNDS DESCRIPTION OF THE LAND OF WILLOW GROVE L.C. AFTER THE GRANT TO MILLER AND SMITH AT WILLOW RUN, L.L.C. PIN 53 -A -92 SHAWNEE MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA "Beginning at a point in the center ofMetriman's Lane at the most westerly comer ofthe Miller and Smith at Willow Run, L.L.C. land (PIN 53- A -92A); thence with the centerline of Merriman's Lane for the two following courses, with the Arc of a curve to the right 60.60 feet (Radius = 477.47 feet; Chord = N 53° 44' 17" E - 60.56 feet) to a point; thence N 57° 22' 2T' E - 105.00 feet to a point, a comer to the 750 LLC land; thence with the southwesterly line of the 750 LLC land for the seven following courses: S 50 25' 30" E - 742.86 feet to a point; thence S 68° 26' 13" E - 169.25 feet to an iron rod found; thence N 34° 04'34" E - 97.74 feet to an iron rod found; thence with the Arc of a curve to the left 96.97 feet (Radius = 213.23 feet; Chord = N 21 02' 50" E - 96.14 feet) to a point; thence N 08° 01' 06" P - 65.70 feet to an iron rod found; thence S 63 32' 51 ", E - 1,075.48 feet to a point; thence S 44° 32' 51 "E - 1,116.79 feet to a pninr, a comer to the Miller and Smith at Willow Run, L.L.C. land; thence with the northerly line of the Miller and Smith at Willow Run, L.L.C. land for the three following courses: N 53 46' 18" W - 1,366.24 feet to a point; thence S 80° 23'26"W - 952.35 feet to a point; thence N 38° 49' 23" W - 1,070.22 feet to the point of beginning." Containing 16.542 Acres . 0 IU BK 9 I ©PG 1 141 / THIS DOCUMENT PREPARED WITHOUT TITLE EXAMINATION. EXEMPT FROM RECORDATIO TAXE 1 A OF PROVISIONS OF THE 1950 CODE OF VIRGINIA, AS AMENDED THIS DEED made and entered into this //` = day of 191& by and between, C. Ridgely White and Eleanor S. White, his wife, both of Frederick County, Virginia, hereinafter referred to as Grantors, and 750, LLC, a Virginia limited liability company, hereinafter referred to as Grantee. WITNESSETH: G rR � Mm W R HoNw. P.C. THAT FOR good and valuable consideration, the receipt of which is hereby acknowledged, the Grantors do hereby grant and convey, with General Warranty of Title, unto the Grantee, all of their right, title, and interest in the following described property, with all improvements, privileges, and appurtenances therewith connected, to-wit: All that certain parcel of land containing 11.008 acres in Back Creek District, Frederick County, Virginia, as described by metes and bounds on plat of survey by L. Allen Ebert, L.S. dated July 5, 1995, of record in the Clerk's Of&cc of the Circuit Court of Frederick County, Virginia in Deed Book 843.at page 1817. S3 -/? >2 AND all that certain parcel of land containing 0.867 acre in the City of Winchester, Virginia, as described by metes and bounds on plat of survey by L. Allen Ebert, L.S. dated July 5, 1995,.of record of the Clerk's Office of the Circuit Court of Frederick County, Virginia in Deed Book 843 at page 1816. These two parcels are portions of the same property conveyed to C. Ridgely White and Eleanor S. White by deed dated July 26, 1948 from William D. Taylor et ux, of record in the Clerk's Office of the Circuit Court of Frederick County in Deed Book 206 at page 287. Reference is hereby made to the aforesaid deeds and to the references contained therein for a more complete and particular description of the tract or parcel of land conveyed by this Deed. 0 BK9ION1142 This deed is made subject to the conditions, restrictions and easements set forth in deeds of record conveying the land and constituting co nstructive notice, insofar as the same may now be in force and effect, but this deed shall not be construed as extending or reimposing said restrictions. WITNESS the following signatures and seals: C. Ridgely White By: ' Seal) M. iflis White, as attorney -in -fact for C. Ridgely White Eleanor S. White By , u ���v (Seal) M. Willis White, as attorney -m -fact for Eleanor S. White tau auto Nh.y R. NmIW. PC COMMONWEALTH OF VIRGINIA CrfYlCOUNTY OF klli �l l , to-wit: The foregoing instrument was acknowledged before me in the jurisdiction aforesaid this o 19� by M. Willis White, attorney -in -fact for C. Ridgely White and Eleanor S. White, on their behalf. Given under my hand this P"Y' day of 16 r•, 0 tl� 4 My Commission expires: � a� o •� t :': VIRniRlr- eOLHI e" � ucstl me on th. Thl droant of waa ry�� t. daY an0 wllh caAlfkata of aciatowlsdGm.ni thereto nexnd '" -�� � 1 have b.en paid.a esaesshbk- 4 -- �e Clark nz- J 11-14 -2005 10:20 2) - a _9+ s r„ r4 N Y a 2 i �v r n F r T From - MICHAEL L BRYAN . 540545410o T -350 F.002 F -555 0 040017302 O V n This DEED made and dated this 27 day of 2004, by and between MELCO. INC a Virginia Corporation, hereinafter called the Grantor; and MILLER and SMITH at WILLOW RUN, LLC a Virginia Limited Liability Company, hereinafter called the Grantee. WPINESSETH: That for and inconsideration of this sum of Ten Dollars ($10.00) in hand paid, and other good and valuable consideration, receipt whereof is hereby acknowledged. Grantor does hereby grant, bargain, sell and convey unto the Grantee, with SPECIAL WARRANTY. all that certain land being situate in Frederick County, Virginia, and being more particularly described as follows: see attached Exhibit A This conveyance is made subject to the restrictions and conditions contained in the deeds forming the chain of title to the above - described property. Grantot..hereby covenants with Grantee, its successors and assigns, that Grantor is lawfully seised in fee simple of the above - described premises; that it has a good right to convey; that the premises are free from all encumbrances; that the Grantor will forever warrant and defend all of the above- described property to Grantee, its successors and assigns, against every person lawfully claiming the same or any part thereof through the Grantor; that the Grantor will guarantee the quiet enjoyment of the above - described property to the Grantee, is successors and assigns, against every person lawfully claiming the same or any part thereof through the Grantor; and that the Grantor will. on demand of Grantee or its successors or assigns , execute any instrument necessary for the funher assurance of the title to the premises that may be reasonably required. The following action is by corporate resolution and the undersigned has full authority to V MR CNASLER �a9\` SIRISI WMCXh \IkR IPLINN 1 \Mi)16`.AIT act on behalf of the corporation and this transfer does not constitute a transfer of substantially all the assets of the corporation. 11 -14 -2005 10:20 From - MICHAEL L BRYAN • 5405454130 7-350 P.002 0 - 555 O all _.l WITNESS the following signatures and seal: MELC ,INC. B CHRIST HER A, STATE OP ��aria�f� CITy/Cet,dTy of ,to -wit: a Notary Public in and for the State of and jurisdiction aforesaid do hereby certify that MELCO, INC, a Virginia Corporation by CHRISTPHER A. MOLDEN, President, whose name is signed the foregoing Deed, bearing date of the 2_7 day of ' ! . 2004. have personally appeared before me and acknowledged the same. Given under my hand this O day of 2004. My Commission Expires: !t7 -.4l cz 4o4tbic 9 ti '• r f ' II -14 -2005 10:20 a Lb, From - MICHAEL L BRYAN 5405454130 T-350 P.004 F -555 • b v EXHIBIT A ~ All that certain tract of land, including the twenty foot easement of ingress and egress. lying and being situate in Back Creek Magisterial District (formerly Shawnee Magisterial District). Frederick County, Virginia southeast of Merriman Lane, containing 7.15 acres, more particularly described by that certain plat and survey of Lee A. Ebert, C.L.S.. dated June 12, Deed of Conveyance by which Boyd J. Harriman acquired said 1956 attached to that certa n property from J. Kenneth Robinson, et ux, dated June 25, 1956 of record in the O13'ice of the Clerk of the Circuit Court of Frederick County. Virginia, in Deed Book 243, at Page 344 to which deed and plat reference is hereto made for a more particular description of the property easement refereed to. This is also the same property referred to in a quitclaim deed of Winifred S. Brown dated January 23, 1963 of record in the aforesaid Clerk's Office in Deed Book 285, at Page 326 and Horace C. Brown by Deed dated May 21. 1963 of recorded in the aforesaid Clerk's office in Deed Book 288. at Page 515. Less and except 1.40 acres, more or less conveyed out in Deed Book 329, at Page 38. Southeast of Merriman's Lane, including a 20' easement for ingress/egress to be used in common with other and more particularly described in the Metes and & Bounds description attached hereto. AND BEING the same property acquired by virtue of instrument recorded in Deed Book 565, at Page 783. nj 11- 14-2005 10:20 From - MICHAEL L BRYAN • 3405454130 T-S50 P.005 F -555 C'+ L•� METES & BOUNDS DESCRLPTIONI FRb.DMCK COUNTY TAX PARCEL 53 -A -94 The accompanying plat entitled "Boundary and House Location Survey of the land of Melco, Inc.- dated August 25, 2004 represents a boundwy survey of all of the laird conveyed to Mel „, Inc. by decd domed September 15, 1980 of record in the office of the Clerk of the Ci nvII court of Frederick Comity, Virginia in Deed Book 565 at Page 783. The said land fronts the southeastern atrinb u of a 20' private tight -of way now known as Orchard Iane secti Shorn feet sotr l DW L. Frederick Caunty, Vi VMA n mod 15 =to Particularly b Sh awnee , NIt ounded as follows: Beginning St a W' iron reber & cap set at the sotahea=M tonnnrna of a 20' private righr . of way now known as Orchard Lame (see Deed Book 243 at Page 344), coma to Willow Grove L.C. and in a line of Miller and Smith at Willow Run, L.L.C.; theoce with 1. Imf and 5ffith at Willow Rum, LJ_C. S 40 E - 365.07' to aL , 4" ima lobar & cap set, corner to Willow Grove L.C.; thence with Willow Grove LC. S 30 W - 681.81' to a'6" iron mbar found, comer to James C. Gordon, Jr., et tttt thence with Gordon N 53'43'23" W - 350.75' to a nail set in a comer fence post, in a line of Willow Grove L.C.; thmme with Willow Grove L.C. N 30°25'08" E - 763.49'10 the beginning. Coutaming _ ............. 5.7595 Acres, Surv eyed ........................ . ................. I ......... I............ Angaat 25, 200C "RUINIA: FREDERICK COUN7Y, SCI. This instrument of miring was produced to me on r. °DJ VritL cot niic2:c ofs owlydgemenr thureu> annexed wa /�syaytlym�,ittcd [o rewrd. T impuxo by Sec 55.1 -NU2 of S— / and 5 have been paid, if auwable 4 4 4 a4 / 444-V . Clerk 4 - -- w n^ 1 RICHARD A. EDENS No. 002550 l _ 8Iz51 Pq ' � N d SiTR`l� 01 7K IL I4III 11. teNau 7 ¢Inter. 1A it BK87 I PG0032 E THIS DEED, made and dated this IV _A day of December, 1996 by and between C. RfDGELY ifgI and ELEANOR S. 1)211 , husband and wife, by M. WILLIS WRITE, their Attorney -in -Fact, hereinafter called the Grantors, and WILLOW GROVE L.C ., a Virginia limited liability company, hereinafter called the Grantee. WITNESSETH: That for and in consideration of the sum of Ten Dollars and other good and valuable consideration, the receipt of which is hereby acknowledged, the Grantors grant and convey, with General Warranty and English covenants of title unto the Grantee, in fee simple, all the following described real estate, together with all rights of ways thereunto belonging: All that certain tract of land on Merriman's Lane, originally containing 88.4 acres, in Back Creek District, FJ3 deslck County, Virginia, bearing tax map number T- -I- -A,�nd being the remaining portion of a parcel of land devised to C. Ridgely White (being the same as Charles Ridgely White) by will of Lucy M. Hack, which is of record in the Clerk's Office of the Circuit Court of Frederick County in Will Book 73 at page 23, an interest in which was conveyed by deed dated July 31, 1973 to Eleanor S. White, of record in said clerk's office in Deed Book 415 at page 220. Reference is hereby made to the aforesaid instruments and the references therein contained for a more particular description of the property hereby conveyed. This conveyance is made subject to all easements, rights of way and restrictions of record affecting the subject property. WITNESS the following signatures and seals: q�oo /os /( &1; 0 8X871 PG0033 0 C. Jt'iJ Fes: �� !J Niic � /J�ll� „t/` Ntl ii ,7 Emit /idt [SEAL] C. R11ffiELY WHITE by M. Willis White, his Attorney -in -Fact G6 / /cam s 1)1y •. [SEAL1 ELEANOR S. WHITE by M. Willis White, her Attorney -in -Fact 1014.01 STATE OF VIRGINIA CITY OF WINCHESTER, to -wit: Acknowledged before me this Q day of December, 1996 by M. WILLIS WHITE, Attorney -in -Fact for C. RIDOELY WHITE and ELEANOR S. WHITE, on their behalf. My commission expires: ;� J NOTARY P B IC VIRGINIA; FREDERICK COVWfY. SCT. T nvlmment of wrHing wee prod0ced to me n the P dsrW 7l �G .15 el 10' - w and wah cerllf call of acbrowledpmenl therein ennead ti 10mlaed W record. Tex Impoeed by $e0. 58.1402 W o In end MA-001 hove bas "Id. K assessable ez CkA 9600 20s/ • • CD N Q 030024683 THIS DEED is made this 17th day of October 2003, by and between PEMBROKE COVE PROPERTIES L.L.C. a Virginia limited Lability company, and Kenneth F. i MARSHALL. Grantors, and GREYSTONE PROPERTIES, LLC, a Virginia limited liability company, Grantee. WITNESSETH: That for and in consideration of the sum of Ten Dollars ($10.00) cash in hand paid by the 0 Grantee to the Grantors, and other good and valuable consideration, the receipt whereof is hereby N acknowledged at and before the sealing and delivery of this deed, Grantors do hereby grant and j convey with Special Warranty, subject to easements, restrictions and reservations of record, unto Greystone Properties, LLC, a Virginia limited liability company, all that certain parcel of land containing 112.1850 acres, more or less, and that certain parcel of land containing 7.082 acres, (� 3 more or less, both situate in Frederick County, Virginia, together with the improvements thereon, t 1 and all rights, privileges, appurtenances, easements and rights of way thereunto belonging or in anywise appertaining, more particularly described as follows: Tract One: 112.185 Acre Parcel All that certain lot, piece or parcel of land, with all improvements thereon, lying and situated in Frederick County, Virginia, consisting of approximately 112.185 acres (more or less) and is more particularly described in that survey prepared by Marsh & Legge Land Surveyors, P.L.C. dated August t0, 1995, with such survey being attached to the Deed of Confirmation/Correcdon dated August 26, 1997, recorded in the Clerk's Office of the Circuit Court of Frederick County in Deed Book 886, page 445. Being the same property acquired by Pembroke Cove Properties, L.L.C., a one -half interest, by Deed dated February 17, 1995, of record in the aforesaid Clerk's Office in Deed Book 834, page 1176, and by Deed of Confirmation/Correction from Clyde Lee Marshall, which deed is dated August 26, 1997 and recorded in the aforesaid Clerk's Office in Deed Book 886, page 445; and the remaining one -half interest, by Deed from Kenneth F. Marshall, as Trustee under the Francis J. Marshall, Jr. Residual Trust UlW, dated February 17, 1995, and recorded in the aforesaid Clerk's Office in Deed Book 834, page II78, and by Deed of Confirmation/Correction from Kenneth F. Marshall, As Trustee Under the Francis J. Marshall, Jr. Residual nil do mnu wa, Prepared by Keefer Ob,,Ah n PC P.O. Boa 1731, VL9WN 17803 J o N d iV Trust U/W, dated August 26, 1997, recorded in the aforesaid Clerk's Office in Deed Book 886, page 449. Tract Two: 7�082A= arcel All of that certain lot or parcel of land, containing 7.082 acres, more or less, lying and being situate in Back Creek Magisterial District, Frederick County, Virginia, located on the North side of Route 622 also known as Cedar Creek Grade for a length of approximately 402', having approximately 724' on its Eastern boundary, having approximately 295' on its Northern boundary and having approximately 1005' on its Western boundary and containing 7.082 acres, as per plat and survey of Lee A. Ebert, C.L.S., dated November 2, 1981, recorded in the aforesaid Clerk's Office at Deed Book 543, page 247. Being the same property acquired by Kenneth F. Marshall by Deed from Kenneth F. Marshall and Mary L. Marshall, his wife, which deed is dated September 11, 1997 and recorded in the Clerk's Office of the Circuit Court of Frederick County, Virginia, in Deed Book 887, page 893. This conveyance is expressly subject to easements, conditions, restrictions and reservations contained in duly recorded deeds, plats and other instruments constituting constructive notice in the chain of title to the property hereby conveyed, which have not expired by limitation of time contained therein or otherwise become ineffective. WITNESS the following signature and seal. &anethMarshall IN WITNESS WHEREOF, PEMBROKE COVE PROPERTIES, L.L.C. has caused this deed to be executed in its name and on its behalf by the undersigned on due authority. PEMBROKE COVE PROP S, L.L.C. By; _ (SEAL) Name: r FU n&; 0 0 • 0 ;v c� STATE OF VIRGINIA c ' �f /� CITY/eeb'iFT ' 2 • to-wit: The fore$ 'n in trument was acknowledged before me in the jurisdiction aforesaid this ,,?day of (lam/ , 2003, by Kenneth F. Marshall as a member /manager of Pembroke Cove Properties, L.L.C., on its behalf. My commission expires: —6 OD . (SEAL) (✓ N aryPublc STATE OF VIRGDq A ' CITY / TT , to -wit: The f n%�instrument was acknowledged before me in the jurisdiction aforesaid this ,,!' ' go ' P'e ay of r off 2003, by Kenneth F. Marshall. My commission expires` (SEAL) Not Public Grantee's Address: zi• "01t 13 South Loudoun Street Winchester, Virginia 22601 r .,c Ja .,j22909 FREDERIC-% COUNTY. SC vI V:RUTN1A_ eat Tia, insnvment Of writing Wes produced to at :std with of t L he T eto 58.1- 802 %f Y . T 11cP' was admitted to record. T imp t t, d tore 700-00 58 have been paid, if aaseeseG°- and j �i�`f��^ Clerk