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HomeMy WebLinkAbout03-07 Final PlatS 7f INTERSTATE 81 U.S. Roull t1 VICINITY 1' =2000' APPROVED BY: f 7.0*� as /zp /o2 SUBDIVISION DATE ARATO� - /-� - 0/ FREDERICK COUNTY HEALTH DEPARTMENT DATE OWNER'S CERTIFICATE THE ABOVE AND FOREGOING MINOR RURAL SUBDMSION OF THE LAND OF 0. L. PAYNE AND RUTH B. PAYNE AS APPEARS ON THE ACCOMPANYING PLATS, IS WITH THE FREE CONSENT AND IN ACCORDANCE WITH THE DESIRES OF THE UNDERSIGNED OWNERS, PROPRIETORS AND TRUSTEES. IF ANY. k F �/ /.. �� 4 � y , � io -- 0. L. P N/C E� RUTH B. PAYNE f STATE OF VIRGINIA. AT LARGE CITY/466NTY- OF /�«oty THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE ME THIS ,4Q � DAY OF 1_1n- ; -,.��y 2001 BY 0. L. PAYNE & RUTH B. PAYNE, MY COMMISSION EXPIRES -r" -jam• 130 . 11 2 ((//x�// 3� NOTARY PUBLIC SURVEYOR'S CERTIFICATE I HEREBY CERTIFY THAT THE LAND CONTAINED IN THIS MINOR RURAL SUBDIVISION IS A PORTION OF THE LAND CONVEYED TO 0. L. PAYNE & RUTH B. PAYNE BY DEED DATED AUGUST 31, 1971 OF RECORD IN THE FREDERICK COUNTY CIRCUIT COURT CLERK'S OFFICE IN DEED BOOK 381 AT PAGE 225. MINOR RURAL SUYDII7901V � :P LTH OF 1 �Ci OF THE LAND OF 6' 0. L. PA YNE & RUTH B. PA YNE `' °' DEED BOOK 381 PAGE 125 Bruce Edens No. 000162 -B STONEWALL MAC/STER /AL DISTRICT I7�rV /a 1 FREDERICK COUNTY, NRCINIA DATE.- NOVEMBER 29, 2001 SCALE. 1' =300' tq'vo E� SURD ID 3337 SHEET I OF 2 S M ARSH & L E G G E 5 WIN HESTER. VIRGINIA ' Land Surveyors P. L.C. PHO FAX 540; 887 -0489 :.a .b :Jl P.WS I x PIN TrA -83 /RS RaFS'1 NA BUCKLEY LAGES INC. •�� DB 349 PG 302 PG 2� a v� T` /N J 8581 at °� FQ STgT D =t ryl PIN 44 -1 - d +��sbi• F 81 A 15.8531 ACRES ZONED: MH1 s "` 4 ?�0• Rs USE: MOBILE HOMES »� RF CSX�AIL TRaNSaarrnn'OTy- --S S 63174 91, £ � R /RF = a _ -_ZX. RIGHT- 0a 461 P Q a -wnr REMAINDER OF H r =_ PIN 44 -1 -D i 1 20.635 ACRES PIN 44 -1 -C 1 ZONED: MHt do M1 EASY LIVING ASSOCIATES USE: RESIDENTIAL -' 1 "I © >- DB 468 PG 634 s s I �'I USE:ZMOBDLEMHOMES (APPROX. 11.8 AC) l ZONED: AIH1 ' — ZONED: IA1 THE 'MOTH OF THE E78S%G RIGHT OF WAY IN DEED BOOK 461 AT PAGE 780 WAS NOT r- SPECIFIED IN THE DEW. BUT WAS WSA11Y AMD TO AS FIFTY FEET (56) WIDE AT � T d THAT TIME- A NEW DEW IS NOW BEING PROCESSED TO ADO THE FIFTY FOOT (50') WAE (APPROX. 8.8 AC) 0 VERBIAGE TO THIS AGREEMENT. THE WED PFdVATE DRIVEWAY IS NOT EMT PLAORDINC TO SW STANDANDS OF AND WW. NOT BE WPFTABMED BY THE VIRCPM C'3ARfWFNT OF TPANSPORGTION OR THE CO w OF FREDERICK. TIE RMPf�JE w AND MADDFJ1410E OF 7 a i SAID DI WAY SNAIL BE THE SOLE RESPONSIBLDY OF THE COMM OF TATS WHICH ARE 1( PROVDED WITH ACCESS VIA THE ORNEWAY. SAID SHAM PRNATE gtIYEWRYS Will NOT BE CONSIDERED FOR WCIUSION INTO THE SIAIT SECONDARY SMO UNIC THEY MEET THE APPIIC?HE CTN451Rl1CRON STANWO OF THE HRGIMBA DEPARTMENT OF TRANSPORTATION � \ THE COST OF BWNCING SAID ORMAYS TO ACCEPTABLE STAMM SFWL N07 BE BOPNE BY THE VBTGDHIA DEPA95 M OF TWV4SPORTATION NOR BY FREDETdCX COUNTY. ', E 300 0 300 T (� SCALE: 1" = 300' N07ES 1. NO TIRE F✓fPCRT FURNISHED. 2 PROPERTY NO 44 -1 -D. l !t l N EASRUTS OTHIR THAN SHOWN WAY EOTST. j l 4. Iff - IPON ROD FOUND 1 IRS - 90 ROO SET INF 1'EO CO 1 D WN HEREON HERE8E IS BASE ON AN ACTUAL FED US ROUT J� /KE MBm AL FLOODING PER FIRM. COMMUN P Na 51006 3 0110 R DATED AXY 17,197& US ROUTE 11 MINOR 7HE LANDED' /14S /ON �3 N D. L. PA ME & ��?' RUTH B. PA YNE ( Brine Edens DEED BOOK 381 PAD£ 215 o. 000162 -B STONEWALL wrds ERYAL D1STR /CT 1I � ToX fREDERICK C0LIN7Y, NRO/NIA DATE- NOL£MB£R 29, 2001 SCALE.. 1" =300' ep„ ID JJJ7 SHEET 2 OF 2 1 M ARSH & L E G G E 6 WIN CHESTER. VIRGINIA 22601 Q PAX Land Surveyors, P.L.C. PHONE 640) 667 -0468 AWS 0 0 0 w 1 J VIRGINIA: FREDERICK COUNTY, SCT. This instrument of writingv ptodOned to me on 31, e200.b at .� nn ,d WI certiEcatc of ncJmowledgemenl there[ annexed as adm ted m record. Ta imposed by Sec 38.1 -802 of fi , and 58.1 -801 have been paid, ii mossaNg M�M - 0 cr+ NJ 7563 -8042 EBY /cmj 0 600168 "4 THIS DEED, made and dated this 31 sr day of August, 2006 by and between LEE C. H- OLLE R and FRANCES DEE HOLLER, husband and wife, hereinafter called the Grantors, and EASY LIVINf ASSOCIATES a Virginia Limited Partnership, hereinafter called the Grantee: WITNESSETH: That for and in consideration of the sum of Ten Dollars ($10.00), cash J w o o � p b M CJ ... C N a� a oz • b gC U F C7 T a a 3 C H g in hand paid and other 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, together with all rights, rights of way, privileges improvements thereon and appurtenances thereto belonging, all of the following realty: All of that certain lot or parcel of land, lying and being situate in Stonewall Magisterial District, Frederick County, Virginia, described as Lot 2A, containing 1.442 acres, more or less, on that certain plat and survey of L. Allen Ebert, L.S., dated April 15, 1994 of record in the Office of the Clerk of the Circuit Court of Frederick County, Virginia, in Deed Book 819, at Page 1227. AND BEING the same property conveyed to Lee C. Holler and Frances Dee Holler, his wife, by those two (2) conveyances the first dated August 16, 1993 and the second dated May 13, 1994 both of record in the aforesaid Clerk's Office in Deed Book 802, at Page 1269 and Deed Book 819, at Page 1225, respectively. Reference is made to the aforesaid plat, deed and the references contained therein for a further and more particular description of the property conveyed herein. N N 0 L a This conveyance is made subject to all legally enforceable restrictive covenants and easements of record affecting the aforesaid realty. The Grantors do hereby covenant that they have the right to convey to the Grantee; that the Grantee shall have quiet and peaceable possession of the said property, free from all liens and encumbrances; and they will grant such further assurances of title as may be requisite. 0 N v .5 C 2 U 0 N r Z :Sd W OT 90 -98 -60 BBTZ19906S : woa,{ xrd M rn C.J WITNESS the following signature and seal: STATE OF VIRGINIA COUNTY OF FREDERICK, To -wit: I, Cathy M. Jewell, a Notary Public in and for the State and jurisdiction aforesaid, do hereby certify that Lee C. Holler and Frances Dee Holler, whose names are signed to the foregoing Deed, dated this 31" day of August, 2006 have personally appeared before me and a ' +!I •acknowledged the same in my State and jurisdiction aforesaid. ... 9 Given under my hand this 31 g` day of August, 2006. w e i ` ` ky commission expires: 12/31/08. Notary PKbi "n amu..t.u * Edwin B. Ymt `^ rttf. X"y Adxll. hhl tm MCKM & swl ' F.4C. rl RGI nn A- s' ;may t Ita 3out6 C.meron gt.aa �fj�S lr[$trtj�'Q -4Gt C S�K' + rHG ➢1lY"'6. n_, •�^� N'iMNNM, V'vginlo:aGOt � ^/ f(�� (740) 0 21486 o'z / th certtC(ratc t:ci;aov:icc(_;;; Was admiu�d to C • • ICOCCl. (rlii$ "cl bf See. 53.1 -y802 o 53. 1-801 have been paid, if assessable, �� , C' \MPbpC510EE03 \ eaeylivinq. rye. wtl 2 Clerk fia 611:01 90 -90 -60 081ZL99011s w xad / (SEAL) LEE C. HOLLER r 0 s�( AWRY nave Au lus>WNT- ea 8 19 PG 12 2 7 2491 8 2511 MARTINSBURG PIKE STONEWALL DISTRICT FREDERICK COUNTY VIRGINIA 15 APRIL 1994 ZaAD a..l NEM M ssa r {► K R , (\ , f LOCATION. I1 �p p Y'. P.000 "'• SL9 4YOR'S CERTIFICATE: THE LAND IN THIS BOUNDARY UNE AMI9TMENT IS L0T 2 AND LOT 3 (A MATTER OF RECORD W DEED BOOK 664, PAGE BIB). LAT 219 7NE LAND CONVEYED TO LEE G HOLLER AND FRANCES DEE HOLLER BY GEED DATED IS AUGUST 1995 W DEED BOOK 802, PAGE 1269, LOT 315 A PORTION OF THE LAND CONVEYED TO ERVIN E. HART ANO MINNIS E, HART BY OEM DATED 2E MAY 1961 IN DEED BOOK 272, PAGE 274 AND BY PEED DATED 15 JULY 1978 W DEED BOOK 546, PAGE +20. OM D 'NER'9 hIf1FICATE TWS DNOIW, AS R APPEANS ON THIS PLAT, D WITH THE FHEE ;OLSENY AND IN ACCORDANCE WITH THE OESWEB OF THE U41FA- MGM OWNER. PROPPoETDR ON TRUSTEE F ..C 1J1IVG�✓CJ� S TATE of JIf2G�n1rA / e AtloIO &MO BPI M ME 1145 DAY OF M ' " .19 T j -� �o r wYe iP97 NOTARY Pi,EL1C IV °r� L. ALLEN EBERT L. ALLEN E ENT cs PROFESSIONAL LAND SURVEYOR I/. Aa�ZI is W..ease MST. No. SAY VA 22601 -4740 1498 . _ 706673233 n u 0 --IRON PIN IFOLM) 0 —WON PIN, (SET) ercU 19PG1 228 1 b 69' P by3 0 _. OD '21 • w 5 47 35" W - 239.82' r! w a ti �6 io u ° N0. 2491 off. ° & 3 7 LOT 3A ai �m LOT 2A 1126 ACRES' Zo P. 1.A448 -1 -4 N Zu w 1.442 ACRES N a °— 23' N� wu P. I. AL 448 -1-8 a m a W w my m 2 N W y7 N a Nio L N sF 2 P 0.96FACREPOR770N a rc on N LOS LI" 17114' o _. LOT P MARTINSBURG / I 3 =5 y Sb4.45'bb"W o� b o a 402W E m r• s 0O N I $ C � N v a 5 47 35" W - 239.82' i w ti a N io N0. 2511 — q w off. ° & 2 LOT 3A N 1126 ACRES' Zo P. 1.A448 -1 -4 N Zu N 47. 3 @• 35" .69 F a °— 23' z m a W w my m 2 N W y7 N �'aaaa Nio L N sF R 2.824,790• a rc on w ARC 171.17' CHORD LI" 17114' o _. 0 `� MARTINSBURG PIKE L a11} EN E5 CRT (LIC �E) No. 1498 1229 • The accompanying Plat represents a BOUNDARY LINE ADJUSTMENT SURVEY of Lot 2 and Lot 3 (a matter of record in Deed Book 664, Page 818). Lot 2, designated as No. 2491, is the Land conveyed to Lee C. Holler and Frances Dee Holler by Deed dated 16 August 1993 in Deed Book 802, Page 1269; Lot 3, designated as No. 2511, is a portion of the Land conveyed to conveyed to Ervin E. Hart and Minnie E. Hart by Deed dated 29 May 1961 in Deed Book 272, Page 274 and by Deed dated 15 July 1975 in Deed Book 556, Page 320. The said Land fronts the Northwestern Boundary Line of Martinsburg Pike, U. S. Route 11, and lies in Stonewall District, Frederick County, Virginia: Beginning at an iron pin (found) in the Northwestern Line of Martinsburg Pike, a comer to Lot 1; thence with the said Line, with the Arc Line 171.17 ft. (Chord N 52 16' 00" E - 171.14 ft., Radius 2,824.790 ft.) to an iron pin (found), a corner to the Easy Living Associates Land; thence with the five following Lines of the said Land, N 42 21' 25" W - 313.67 ft. to an iron pin (found); thence N 40 42' 16" W - 276.56 ft. to an iron pin (found); thence S 22 39' 00" W - 227.58 ft. to an iron pin (found); thence S 41 47' 04" E 155.33 ft. to an iron pin (found); thence S 54 45' 55" W - 40.28 ft. to a spike in a root (found), a corner to The Stonewall Acres, Inc. Land; thence with the Northeastern Line of the said Land, S 42 21' 25" E - 205.00 ft. to an iron pin (found), a corner to the said Lot 1; thence with the two following Lines of the said Land, N 47 38' 35" E - 69.23 ft. to an iron pin (found); thence S 42 21' 25" E - 124.83 ft. to the beginning. Containing: LOT 2A: 1.442 Acres LOT 3A: 1.126 Acres TOTAL: 2.568 Acres Surveyed: 15 April 1994 VIRdINIA Pnep2RICK ppin7TY, dCT• 7h Inetrumonl oI wdling wag plothl ad �p/mo�M� I/I 1� I coy a 7 ' ( `! icy_, 18 • of ---.. Inn. •^� and wllh ceM1 'Illc`u.o— o- IQlcknowledgmert 110 in �uoA w adoo to record- Tax Imposed by a uc. +ti.r•D "" r ;yid 58.1 -981 have boon paid, 11 aoecsv+ i ._ tr /err —ate 80 • 6 #5441 ROSS JONES, ET UX TO DEED EASY LIVING ASSOCIATES V S d $� rd •LL eN,u,a aeY r..0 • s„wu wvw Yn,ru .IK,f.N. YNYY 9K626PK810 ,y� THIS DEED, made and dated this S:= day of September, 1986, by and between ROSS JONES and JOAN B. JONES, hip wife, parties of the first part, hereinafter called the Grantors, and EASY LIVING ASSOCIATES a Virginia Limited Partnership, party of the second part, hereinafter called the Grantee. wITNESSETH, That in consideration of the sum of Ten Dollars ($10.00) end other valuable considerations paid the Grantors by the Grantee on or before the delivery of this Deed, the receipt of all of which is hereby acknowledged, and pursuant to Section 351 of the Internal Revenue Code of 1951 as amended, the Grantors hereby grant and convey, with general warranty, unto the Grantee in fee simple, the following described real estate, together with all rights of way, privileges and appurtenances thereto belonging and subject to all easements and legally enforceable restrictions of record affecting such realty, All that certain lot or parcel of land, together with the improvements thereon and the appurtenances thereunto belonging, lying and being situate in Stonewall Magisterial District, Prederick County, Virginia, along the Northwestern side of U. S. Route No. 11, and being Lot No. Two and a portion of Lot No, One, on the plat of the E. S. Whitacre Development, the realty hereby conveyed fronts on said U. S. Route No. 11, 155 feet, more or lees, and extends back along its Northern boundary llpe 319.36 feet, along its Southern boundary line 315.02 feet, and has a width In the rear of 155 feeti and being the same property conveyed to Ross Jones and Joan B. Jones, his wife, by Dead of Assumption dated April 18, 1969, from Cecil A. Boyce, at ux, and recorded in the Clerk's Office of the Circuit Court for Frederick County, Virginia, in Deed Book 352, at Page 309, The Grantors covenant that they have the right to convey the within described property that the same is free from all liens and encumbrances except as may be hereinabove met forth, and that they will forever warrant and defend the title thereto. • • BK 626 ?GO 11 WITNESS the following signatures and sealer 9 r /� STATE OF VIRGINIA U OF 1111M0ArAt.'4 , to -wits 11" Q0 , a Notary Public in and for the State of Virginia, do hereby certify that ROSS JONES and JOAN S. JONES, his wife, whose names are signed to the foregoing instrument, bearing date on the Wb day of September, 1986, have personally appeared before ma and acknowledged the same in my State and jurisdiction aforesaid. Given under my hand thin 14 4 D day of M 1. , 1966. my commission expires a a .r. n t %Ca .K. awwu, t"a Maw a ammm .n..rr. n w. w(,M.%MYY :t'.oINIA FREDERICK COUATY, SCI. This inatrvmoal of writin was produced to me on the �JA at ,d with esrtiilcafe of clmowlodgmonl thereto amosnd w., trained to record. Tax imposed by 1190. 58.54.1 of 18�0 _ , and 58. hav been paid. LL ame.sab •O.�e� LU 0 Nat��.. tau► QQ 1f P MT h %dua4plx� 2 6"'0l/ 1:151 N EBY 11- #8732 MINNIE E. HART TO: DEED DONALD G. HART, ET UX au664PG610 4 N I .a N n H a u 0 S r / S C\ 9 - , w wµr, mromrs,s+ ava snwwn.r w r wm,an mrn wiauru.vamr Sri THIS DEED, made and dated this 19th day of November, 1967, by and between MNNIE a. HART, widow, party of the first part, hereinafter called the Grantor, and DONALD 0. HART and SANDRA R. HART, his wife, parties of the second part, hereinafter called the Grantees. - -- WITNESSETH, That for and in consideration of the sum of Ten Dollars (510.00), cash in hand paid and other valuable consideration, receipt whereof is hereby acknowledged, the Grantor does grant and convey, with General Warranty and with English Covenants of Title, unto the Grantees, as tenants by the entirety in fee simple, with survivorship as at common law, together with all rights, rights of way, privileges, improvements thereon and appurtenances thereto belonging, all of the following realtyt All of that certain lot or parcel of land, lying and being situate in Stonewall Magisterial District, Frederick County, Virginia, containing 0.475 acre, and more particularly described as Lot 2 on that certain plat and survey of L. Allen Ebert, L.B., dated November 4, 1987, attached hereto and by this reference made a part hereof, and being a portion of the same land conveyed to Irvin E. Hart and Minnie E. Hart, with common law right of survivorship, by deed dated May 29, 1961, from Kenneth Earl Whitacre and of record in the office of the Clerk of the CircOit Clerk of Frederick County, Virginia, in Deed Book 272, at Page 274, where the property was described as Lots 3, 4, 5 of the Kenneth E. Whitacre Development which plat is of record in the aforesaid Clerk's office in Dead Book 226, at Page 222 and further being a portion of the land conveyed to Ervin E. Hart by deed dated July 15, 1975, from Do0ald Gene Hart, at ux, of record in the aforesaid Clerk'a Office in Deed Book 556, at Page 320. The said Ervin E. Hart, having died on July 1 r r `.... aBYsjds 11 -19 -87 Olt 664PGO19 h 7, 1985, and by his last will and testament recorded in Will Book 87, at Page 611 in the aforesaid Clerk's Office, devised the subject property unto his wife, Minnie S. Hart. Reference to here made to the afore- said plats, deeds, will, and the references contained therein for a further and more , partioular descrip- tion of the property conveyed herein. This conveyance is made subject to all legally enforce- able restrictive covenants and easements of record affecting the aforesaid realty. NITNaBS the following signature and seals �ei1,J aNAL) AN a.� r STASH Or VIRGINIA County of rrodorick, To- wiCnt1s po / I, Qt,:•�.t q �/'iL !d , a Notary Public in and for the State and jurisdiction aforesaid, do hereby certify that NINNIS S. HART, widow, whose name is signed to the foregoing Deed, dated 19th day of November, 1987, has personally appeared before me and acknowledged the same in my State and jurisdiction aforesaid. Given under nr hand this Z9) 12 day of November, 1987. my aianion axpires ��.. •.��.. aEam t t i swot. _ ee,000+sneo q.ee •mrveetw oeam,eprenwt nnaaeraveeme sea 2 o u o � LOT 1: 0.192 ACRE LOT 2: 0.475 ACRE LOT 3: 2.093 ACRES T_1P II � tgtar, N0. 3498 The Accompanying Plat rep'J a PA W9UNDARY LINE ADJUSTMENT Survey of Lot S. Lot 4, and the Remaining Northeastern Portion of Lot 3, K. E. Whitacre Development (A Matter of Record in Deed Book 226, Page 222) conveyed to Ervin E. Hart and Minnie E. Hart by Deed dated 29 May 1961 t in Deed Book 272, Page 274 AND the Remaining Southwestern Portion of the Land conveyed to Ervin E, Hart by Dead dated 15 July 1975 in Deed Book 556, Page 320. The said Land fronts the Northwestern Boundary Line of U. S. Route 11 and the Northeastern Boundary Line of a 60 Ft. Right Of Way, and lies in Stonewall District, Frederick County, Virginia: Lot 1: Beginning at an iron pin in the Northwestern Line of a t U. S. Route 11, a corner to the Stonewall Acres, Inc. Land; thence with the said Line, with the Are Line 69.76 ft, (Chord N 54 42' 36" E - 69.76 ft., Radius 2,824.79 ft.) to an iron pin, a corner to Lot 3; thence with the Two Following Lines of the said Land, N 42' 21' 25" W - 124.83 ft, to an iron pin; thence S 47' 38' 35" W - 69.23 ft, to an iron pin in the Northeastern Line of the said Stonewall Acres, Inc. Land: thence with the said Line, S 42' 21' 25" E - 116.25 ft. to the beginning. Containing: 0.192 Acre Lot 2: Beginning at an iron pin in the Northeastern Line of the Stonewall Acres, Inc. Land, a corner to Lot 3; thence with the 'three Following Lines of the said Lot 3. N 47' 38' 35" E - 189.82 ft. to an iron pin; thence tl 42' 21' 25" W - 113.44 ft, to an ironpin; thence S 47' 38' 35" W - 149.61 ft. to an iron pin in the Northeastern Line of the Easy Living Associates Land; thence with the Two Following Lines of the said Lend, S 41' 47' 04" E - 23.68 ft, to an iron pin; thence S 54 45' S5" w - 40.28 ft, to a spike in a tree root, a corner to the said Stonewall Acres, Inc. Land; thence with the Northeastern Line of the said Land. A• S 42' 21' 25" E - 94.75 ft. to the beginning. Containing; 0.475 Acre Lot 3w Beginning at an iron pin in the Northwestern Line e • OX 684PC611 of U. S. Route 11, a corner to Lot 1; thence with the said Line, with the Arc Line 171.17 ft. (Chord N 52' 16' 00" E - 171.14 ft., Radius 2,824.79 ft.) to an iron pin, a corner to the Easy Living Associates Land; thence with the Four Following Lines of the said Land, N 42' 21' 25" W - 313.67 ft. to an iron pin (found); thence N 40' 42' 16" W - 276.56 ft. to an iron pin (found); thence S 22' 39' 00" W - 227.58 ft. to an iron pin (found); thence S 41' 47' 04" E - 131.65 ft, to an iron pin, a corner to Lot 2; thence with the Three Following Lines of the said Land, N 47' 38' 35" E - 149.61 ft. to an iron pin; thence S 42' 21' 25" E - 113.44 ft, to an iron pin; thence S 47' 38' 35" W - 189.82 ft. to an iron pin in the Northeastern Line of the Stonewall Acres, Inc. Land; thence with the said Line, 5 42' 21' 25" E - 110.15 ft, to an iron pin, a corner to the said Lot It thence with the Two Following Lines of the said Land, N 47' 38' 35" E - 69.23 ft, to an iron pin; thence S 42' 21' 25" E - 124.83 ft. to the beginning. Containing: 2.093 Acres Also shown on the Plat is the 60 Ft. Right Of Way across the Stonewall Acres, Inc, Land. Also shown on the Plat is the 30 Ft. Easement across the Northwestern Portion of Lot 1. Surveyed: 4 November 1987 I VIROINM FREDERICK COUNTY. SCT. This Inttnmmta a ng was produced to ms on the and 15 c: ,iii ate 1912 atlQia�.,r_J , . "S dmit,ed to record. Tax Im ledgmenl thneto ennamd posed by ssc 5x541 of and 5&54 have bean pM , d assessable. � CLERK 4 U4 ! N i c i U He NO240 -02 SGE:bgm • 0 o W 020008973 THIS RIGHT OF WAY AND ROAD MAINTENANCE AGREEMENT made this day of May, 2002, by and between EASY LIVING ASSOCIATES, a Virginia limited partnership, party of the first part, and OLIVER L. PAYNE and RUTH B. PAYNE, his wife, parties of the second part. WHEREAS, the parties wish to establish a perpetual right of way for the mutual benefit and egress and ingress to the respective lands of each party and for the extension of utilities to said land; and WHEREAS, the parties wish to agree as to the maintenance of said right of way. NOW, for the mutual covenants contained herein, the parties do hereby establish a perpetual right of way, 50 feet in width, as shown on the plat and survey of Bruce Edens, L.S. dated November 29, 2001, attached hereto and made a part hereof, for egress and ingress to the realty of the parties of the first and second part, their successors in interest and assigns. Specifically said right of way is established for the benefit of the following described tracts of land of the parties: Tracts of land belonging to Oliver L. Payne and Ruth B. one Tax Map No, 44 -1 -D 36.48 acres Deed Book 381, Page 225 Tracts of land belonging to Easv Livinv Associates Wz . Gov dsd�r m < m G G N ° zw o m w i ia� 3 fx y Tax Map No. 44 -1 -D1 9.00 acres Deed Book 468, Page 629 Tax Map No. 44B -1 -6 14.71 acres Deed Book 659, Page 693 Tax Map No. 44B -1 -3A .44 acre Instrument No. 0- Tax Map No. 44 -1 -C 30.00 acres Deed Book 468, Page 634 Parties further agree to repair and maintain said right of way in its present condition upon the following terms and conditions: 1. Repairs and/or maintenance shall be performed when the owners or their successors in interest shad agree by unanimous consent in writing. • • O tD N 2. There shall be no obligation to upgrade the road from its present condition; however each party shall have the right to upgrade the road to a superior condition at such party's expense. 3. Any repair or maintenance work so authorized shall be paid in full by the respective parties within thirty (30) days of the submission of the bill for such work. - 4. Maintenance and repair shall include repairing the road surface, adding stone, clearing obstructions, grading or scraping the road as necessary, cleaning or recanting ditches as necessary, trimming brush along the roadside, unplugging or opening culverts or drainpipes, and performing such necessary work required to maintain reasonable and safe access for motor vehicles. 5. The cost of maintenance shall be divided between the parties prorates based on the number of dwelling units owned by such party (to include future and now - existing subdivision lots and future and now - existing mobile home sites) for which the right of way is used. 6. Neither party hall obstruct the right of way in any manner. 7. The covenants set forth herein shall run with the land and inure to the benefit of and be binding upon the heirs, personal representatives, successors and assigns of the parties hereto. 8. Any party may use the right of way for the extension of utilities (water, sewer, electric and communication), but such party shall repair at its sole expense any damage caused by said extension, and such extension shall not interfere with egress and ingress. • o w w 9. The right of way herein is not dedicated to public use. It will not be maintained by Frederick County or by the Virginia Highway and Transportation Department. 10. This Agreement constitutes the entire agreement between the parties and shalt be construed and interpreted according to the laws ofthe Commonwealth of Virginia. �u7,G, ASV lr�e ,...c" (SEAL) RUTH B. PAYNE o COMMONWEALTH OF VIRGINIA, AT- LARGE: CITY OF WINCHESTER, TO -WIT: 1, the undersigned, a Notary Public in and for the State and Jurisdiction aforesaid, do hereby certify that Jacob H. Yost, III, whose name is signed as Partner of EASY LIVING ASSOCIATES, a Virginia Limited Partnership, to the foregoing Right of Way and Road Maintenance Agreement dated the _ ?� day of May, 2002, has personally appeared before me and acknowledged the same in my State and Jurisdiction aforesaid. GIVEN under my hand this '5M day of May, 2002. XJ io Notary Public My Commission Expires: EASY LIVING ASSOCIATES, A Virginia Limited Partnership CD COMMONWEALTH OF VIRGINIA, AT LARGE: CITY OF WINCHESTER, to -wit: I, the undersigned, a Notary Public in and for the State and jurisdiction aforesaid, do hereby certify that Oliver L. Payne and Ruth B. Payne, whose names are signed to the foregoing Right of Way and Road Maintenance Agreement dated the _S9 day of May, 2002, has personally appeared before me and acknowledged the same in my State and jurisdictionaforesaid. tO Given under my hand this day of May, 2002. ;`; l (SEA�� NOTARY PUBLICe My Commission Expires: l�//�'f�j'�2 � a tt• • • W 020008972 � Filc #0240.02 SGB:bgm THIS DEED OF CONFIRMATION made and dated this � day of May, 2002, from OLIVER L. PAYNE sole surviving Director of The Stonewall Acres Inc., a Virginia corporation which has been dissolved, hereafter called Grantor, and EASY LIVING ASSOCIATES. a Virginia limited partnership, hereafter called Grantee. WITNESSETH: For and in valuable consideration the Grantor does hereby grant, v e m `o Av{ N G M � CQ m N 3 1� i z U F quitclaim, and confirm in fee simple absolute all right, title and interest in the hereafter described property to the Grantee, to -wit All of that certain lot or parcel of land, together with all improvements thereon and appurtenances thereunto belonging, situate in Stonewall Magisterial District, Frederick County, Virginia, designated as the Southwestern Portion of Lot 3, K. E. Whitacre Development, as shown on the plat of Lee A. Ebert, C.L.S., dated April 9,1971, containing 19,202.10 square feet, of record in Deed Book 381 at Page 221 in the Office of the Clerk of the Circuit Court of Frederick County, Virginia; AND BEING the same land conveyed to The Stonewall Acres Inc. by O. L. Payne, et u , by Deed dated September 8, 1971, of record in the aforesaid Clerk's Office in Deed Book 381 at Page 233, wherein it is identified as Tract One. Reference is made to the aforesaid instruments for a more particular description of the property herein conveyed. This conveyance is made subjectto all easements, rights of way and restrictions of record affecting the subject property. The Grantor does hereby covenant that he has the right to convey to the Grantee; that the W m i a�j 8 y+0d$n F S > m Z m 0 z 2 xr� 3 w�E r- x N Grantee shall have quiet and peaceable possession of the said property, free from all liens and encumbrances; and he will grant such further assurances of title as may be requisite. WITNESS the following signature and seal: 4vv, Ay (SEAL) O. L. PAYNE • CZ) W \n 0 COMMONWEALTH OF VIRGINIA, AT CITY OF WINCHESTER, to -wit: 1, the undersigned, a Notary Public in and for the State and Jurisdiction aforesaid, do hereby certify that O. L. Payne, whose name is signed to the foregoing Deed of Confirmation dated the 8¢ h day of May, 2002, has personally appeared before me and acknowledged the same in my State and Jurisdiction aforesaid. GIVEN under my hand this liM day of May, 2002. ":::....: "r "�� "" 'tai��� o.. /zuRr�G ,CI • / - doEA�L�� Notary Public � >; o T My Commission Expires: I OD '�> `'. _ °. w d e .,, O �� , \• J This document prepared by Stephen G. Butler, Esquve KUYKENDALL, JOHNSTON, McKEE @ BUTLER, P.L.C. 112 South Cameron Street P. O. Drawer 2097 Winchester, VA 22604 (540) 662 -3486 �Ilin al�INmtnt 1 M,1:'1Q YaS Prnd Ulx'd tll ll.0 Cn 3/ Bo ...; with�enincarc ai .:cnnuwl:•tgi mem thete�o �atx9 was ad tted to record.'fa imposed by Sec 581 -602 of 3_/ _.Y..1�� , and 56.1 -601 have been paid, if assessable 4 e,4 ! V7� , Qerk 9 0 1, 81(903FG0244 7563 -14 EBYAmlb THIS DEED, made and dated this Z+Z day of April, 1998, by and between MINNIE E. HART, hereinafter called the Grantor, and EASY LIVING ASSOCIATES a Virginia limited partnership, hereinafter called the Grantee. 17 WITNESSETH: That for and in consideration of the sum of Ten Dollars d P a ($10.00), cash in hand paid and other valuable consideration, receipt whereof is j' hereby acknowledged, the Grantor does grant and convey, with General Warranty and with English Covenants of Title, unto the Grantee, in fee simple, together with ' s all rights, rights of way, privileges improvements thereon and appurtenances thereto belonging, all of the following realty: All of those two certain lots or parcels of land, lying and being situate in Stonewall Magisterial District, Frederick County, Virginia, the.first N containing approximately. .l9 acres and the second containing 1.126 acres, more or less, and described respectively as Lots 1 and 3A on that certain plat and survey of L. Allen Ebert, LS. dated April 15, 1994 of record in the Office of the Clerk of the Circuit Court of Frederick County, Virginia, in Deed Book 819, at Page 1227 through 1229, and by this reference made a part hereof as if set out full. AND BEING a portion of the same land conveyed to Ervin E. Han and Minnie E. Han, his wife, as tenants by the entirety with right of survivorship as at common law, by deed dated May 29, 1961 from Kenneth Earl Whitacre, et ux, of record in the aforesaid Clerk's Office in Deed Book 272, at Page 274. The said Ervin E. Hart died on July 7, 1985 and his I interest in the subject property passed to his wife, Minnie E. Han, by V the aforesaid survivorship provision. Reference is here made to the p aforesaid instruments and the references contained therein for a further O and more particular description of the property conveyed herein. This conveyance is made subject to all legally enforceable restrictive covenants and easements of record affecting the aforesaid realty. 0 i OR903PG0245 r� r� The Grantor does hereby covenant that she has the right to convey to the Grantee; that the Grantee shall have quiet and peaceable possession of the said property, free from all liens and encumbrances; and they will grant such further assurances of title as may be requisite. WrFNESS the following signature and seal: p / /irM rT, /7 (SEAL) MINNIE E. T Zy STATE OF VIRGINIA CITY OF WINCHESTER, To-wit: I, L W �A M L - Lw la id , a Notary Public in and for the State and jurisdiction aforesaid, do hereby certify that MINNIE E. HART, whose name is signed to the foregoing Deed, dated _a �L day of April, 1998, has personally appeared before me and aclmowledged the same in my State and 'jurisdiction aforesaid. Given under my hand this day of April, 1998. My commission expires 4;1 pn t VIfltYNU1: FRED9F1proottttr% Th Instrumam t wdung was �grrpppp ins n e deya /�'+OFTI .19Y9.11 '7• n 4 y !n ' and Wth car1lSUte of acknowledgment thereto annexed wa a muted b record. Ten knpoead by Sam 58.1d02 of d . and Get-801 ban been paid, If aeceuable. 4 ze ' 7` �. a�a ,,,. Clerk 2 4 b 6ric °BARD Y 2•: a I EDY:jds 9 -22 -87 .1 v1 W �a I� r i YwmaFe•m, ow •1l0WYH •!lY T vY,Ix YYfnYn I FlYtlyngl.Y MY• ar #7219 J. H. YOST, III, ET UX TO: DEED OF ASSUMPTION EASY LIVING ASSOCIATES so rCB 9 3 I i I THIS DEED OF ASSUMPTION, made and dated this 21 of , '7:e1 i , 1987, by and between J. H. YOST, III, and PAULA H. YOST, his wife, parties of the first part, hereinafter called the Grantors; and EASY LIVING ASSOCIATES a Virginial, Limited Partnership, party of the second part, hereinafter called the Grantee; JOHN R. PROSSER, Trustee, party of the third part; and FARMERS & MERCHANTS NATIONAL BANK, party of the fourth part, hereinafter called the Beneficiary. WITNESSETH; That for and in consideration of the sum of Ten Dollars ($10.00), cash in hand paid and other valuable consideration paid the Grantors by the Grantee on or before the delivery of this deed, the receipt of which is hereby acknowl -' edged, the Grantors hereby grant, sell, and convey, with General Warranty and with English Covenants of Title unto the Grantee as specific partnership property, pursuant to Title 50, Code of Virginia, 1950, as amended, together with all rights, rights of way, privileges, improvements thereon and appurtenances thereto belonging, all of the following realty: All of that certain lot or parcel of land, ' containing 14,713 acres, a portion of which fronts on the westerly side of U.S. Route I1, approximately five (5) miles , North of Winchester in Stonewall Magis- terial District, Frederick County, Virginia, and more particularly described by the plat and survey of N. Bruce Edens, C.L.S., dated June 5, 1986, of record in the Office of the Clerk of the Circuit Court of Frederick County, Virginia, in Deed Book 618, at Page 647; end being the same peopar ty conveyed - to the Grau tor, herein by Deed dated June 11, 1986, from Minnie H Her t, widow, and recorded in the aforesaid Clerk'a Office in Dead Book 618, at Page 645. Reference is here made to the aforesaid plat, deed, and the references contained therein for a further and more particular description of the property conveyed herein. 1 0 0 FBY: Ids "_22 87 nx659rc694 This conveyance is made subject to all legally enforceable restrictive covenants and easements of record affecting the aforesaid realty. The property herein conveyed is subject to a deed of trust dated June 11, 1986, executed by the Grantors to John R. Prosser, Trustee, at als, recorded in the Office of the Clerk of the Circuit Court of Frederick County, Virginia, in Deed Book 618, at Page 649, which deed of trust secures the payment of a certain obligation in the initial principal sum of Fifty Thousand and 00 /100 Dollars ( ;50,000.00), bearing even date therewith, payable on or before June I1, 201L, to the Farmers 6 Merchants National Bank, The Grantee, as evidenced by their joining in this instrument and as part of the considera- tion for this conveyance, hereby agrees to assume the payment and discharge of the aforementioned obligation, including princi- pal and interest on the unpaid principal balance, to assume all other obligations set forth in said deed of trust, and to save the Grantors harmless by reason of the Grantee herein failing to discharge said indebtedness. The unpaid balance of said obligation, including principal and interest, as of the day of + _ ,19 is - �n�'�v 6, J The party of the third and the party of the fourth part as the secured party and present noteholder under the aforemen- tioned Deed of Trust join in this Deed of Assumption for the purpose of evidencing its consant.to the assumption by the Grantees of the Deed of Trust hereinabove mentioned, and hereby release* the said J. H. Yost, III and Paula H. Yost, his wife, and hold them harmless thereto. WITNESS the following signatures and seals aaau. I I /. ry T011Mf.t .t \M IM 4M .IMB n r.q[p [II vMpuu. ' r C i i I i I I HBY: jda n -22 -87 DO 59rc695 Living Associates SEAL) FARMER 6 MERCHAN NATT }ONAL BANK By: / � -(SEAL) C C „ ma.wnron >�v, +nnnsn • +..un..vwww aM S//////T������ATE OF VIRGINIA of , I To -wit: I, ' yt ' �, a Notary Public in and for theAtate and jurisdiction aforesaid, do hereby certify.that J. H. YOST, III and PAULA H. POST, his wife, whose names are signed to the foregoing Deed of Assumption, bearing date the 0 of , 1987, have this day personally appeared before me and acknowledged the same. Given under my hand this `7� t day of y„�, 1987. My commission expires. / ''L Q otary u c STATE OF VIRGINIA Olt of AW A,aal , To -wits I, a Notary Public in and for thV State and jurisdiction aforesaid, do hereby certify that J. H., YOST, III, General and Managing Partner of Easy Living Associates, whose name is signed to the foregoing Deed of Assumption, bearing date the day of ,L „s , 1987, has this day personally appeared before me and acknowledged -3- 1 { 1 f 0 EBY:jds 9 -22 -87 W59rG696 the same. „• Given under my 'hand this� a ltday of y i4g7i� My commission expires !'I v '"i% j t- JJ 5 Notary Pyblia STATE OF VIRGINIA � oE / r , To -wit: I, J A I tt CL 2 A a Notary Public in and for thel Late and jurisdiction aforesaid, do hereby certify that JOHN R. PROSSER, Trustee, whose name is signed to the foregoing Deed of Assumption, bearing date the ` jI day of 1987, has this day personally appeared before I A. aw /.T ..lAT ,.N, f I )Ii W.. V ,TM,t { �I me and acknowledged the same. / Given under my hand this A'J of 4, r �J••��9¢Z My commission expires ui 16 U q s JO •/1 Notary u •,�• STATE OF VIRGINIA (_{I�{.0 of �.�•a � , To -wit: Notary Public to and for a State and jueisd Sction sfoxeaaid, do hereby certify that � &Aa4z a� , as 2• a duly authorized officer of FARMERS 6 MERCHANTS NATIONAL BANK, whose name is signed to the foregoing Dead of Assumption, bear- ing date the A X7 day of r 1987, has this day personally appeared before me and acknowledged the same. Given under my hand this day of . 4 a{ 1 1987. My commission expires a /3./990 _Znf� , otary R E /d1.UWL FRCDMICK COWITY, SCr. This Llelf an1411: D] uhng was p:oducod io me on Hw day 4( 19 _U_, . 1 - 0. " I and wdh cv,hhcalj a ackut owl vi0inuul Ihcrulu aunexwl was ,dnufied io =oeo :d. Tac ua,u•Ie.) by S_c. Sd W.1 of I and 3154 lava Ismn paid, if a.mu� sable. i r '` 1