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SUBDIVISION AD INISTRATOR DATE
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FREDERICK COUNTY HEALTH DEPARTMENT DATE
OWNER'S CERTIFICATE
THE ABOVE AND FOREGOING MINOR RURAL SUBDIVISION 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.
0. L. PAYNE RUTH B. PAYNE
STATE OF VIRGINIA. AT LARGE
CItt/696N# -OF
THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE ME THIS .36 &r DAY
OF W 200) BY 0. L. PAYNE & RUTH B. PAYNE,
MY COMMISSION EXPIRES T �(4df.• 30 , �d�
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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 8. 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.
RINOR RURAL SUBDIVIS 101V
�pyTH OF P/
4' C�
OF THE LAND OF
p'C��
0. L. PA YNE &
RUTH B. PAYNE
A. Bruce Ens
DEED BOOK 381 PAGE ZZS
No. 000162 —B
STONEWALL MAC /S7ERIAL D157RICT
7 /t'��� I
FREDERICK COUNTY, IORCINIA
DATE: NOWMBER 29, 2001 SCALE 1 -300'
`4, VD
SURVV
ID 3337 SHEEI I OF 2
M ARSH & L E G G E S WINCHESTER,
VIRG 2
Land Surveyors, P.L.C. PH FAAX
540; 887 -0469
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PIN 44 -1 -D1
PIN 44 -1 -D
1. NO TITLE REPORT FURNISHED. -
15.8531 ACRES
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ZONED: MHI
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USE: MOBILE HOMES
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SCALE: 1" = 300'
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REMAINDER OF
PIN 44 -1 -D
1. NO TITLE REPORT FURNISHED. -
PIN 44 -1 -C
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ZONED: MHt & Mt
EASY LIVING ASSOCIATES
6
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DO 468 PG 634
NISI ZONED:
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NOVEL 28,
USE: MOBILE HOMES
2
56A PG
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Z ONE D : MM
NOTES: ZONED: M1
THE WIDTH OF THE DOSTNG RIGHT OF WAY N DEED BOCK 461 AT PACE 730 W AS
SPEOFED N THE DEED. BUT WAS VERBALLY AND TO AS FIFTY FEET (501 WIDE AT
THAT TINE A NEW DEED IS NOW BEING PROCESSED TO ADD THE FIFTY FOOT (501 WADE
VERBIAGE TO INS 0MENT. THE SHARED MVATE DRIVEWAY IS N07 BUST ACCORDING
TO SDEET STANDARDS OF AND WILL NOT DE NANTANED BY THE VIRGINIA OR MWIT OF
TRPNSPORN110N OR THE COUNTY OF FAEDERICN. THE WPROVW4 NO WAN MU OF
SAN DRMAY SNW. BE THE SOLE RESPONSIBNFIY OF THE OWNERS OF LOTS WHICH ARE
PROVIDED WITH ACCESS 0 THE DRIVEWAY. SAD SHARED PPoYATE DRIVEWAYS WILL NOT BE
CONSIDERED FOR INCLUSION INTO THE STATE SECONDARY MIDI UNTIL THEY HART THE
APKCW CONSDIICIION SNNDM OF THE VIRGINS DEPAMENT OF TRARSPOFTAPOKi
THE COST OF BRINGING SAID DRINMAS TO ACCEPMBLE SUliNR05 SHN1 Rqf BE
BORNE BY THE VIRGINIA DEPA.RINENT OF TRANSPORTATION NOR BY FRFDE as COUNTY.
8.8
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300 0 300
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SCALE: 1" = 300'
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REMAINDER OF
PIN 44 -1 -D
1. NO TITLE REPORT FURNISHED. -
20.635 ACRES
i
ZONED: MHt & Mt
j
USE: RESIDENTIAL
I
(APPROX. 11.8 AC)
Z ONE D : MM
NOTES: ZONED: M1
THE WIDTH OF THE DOSTNG RIGHT OF WAY N DEED BOCK 461 AT PACE 730 W AS
SPEOFED N THE DEED. BUT WAS VERBALLY AND TO AS FIFTY FEET (501 WIDE AT
THAT TINE A NEW DEED IS NOW BEING PROCESSED TO ADD THE FIFTY FOOT (501 WADE
VERBIAGE TO INS 0MENT. THE SHARED MVATE DRIVEWAY IS N07 BUST ACCORDING
TO SDEET STANDARDS OF AND WILL NOT DE NANTANED BY THE VIRGINIA OR MWIT OF
TRPNSPORN110N OR THE COUNTY OF FAEDERICN. THE WPROVW4 NO WAN MU OF
SAN DRMAY SNW. BE THE SOLE RESPONSIBNFIY OF THE OWNERS OF LOTS WHICH ARE
PROVIDED WITH ACCESS 0 THE DRIVEWAY. SAD SHARED PPoYATE DRIVEWAYS WILL NOT BE
CONSIDERED FOR INCLUSION INTO THE STATE SECONDARY MIDI UNTIL THEY HART THE
APKCW CONSDIICIION SNNDM OF THE VIRGINS DEPAMENT OF TRARSPOFTAPOKi
THE COST OF BRINGING SAID DRINMAS TO ACCEPMBLE SUliNR05 SHN1 Rqf BE
BORNE BY THE VIRGINIA DEPA.RINENT OF TRANSPORTATION NOR BY FRFDE as COUNTY.
8.8
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MINOR THE LAND uI SION *13'" R j
D. L. PA YNE &�
RUTH B. PA YNE
H. Bruce Edens
DEED BOOR .TB> PACE 225 No. 000162 -B
STONEWALL AAAQIS7£RIAL DISIR /CT
FREDERICK COUNTY, WRCJNIA
DATE.' NOVEMBER 29, 2001 SCALE: 1 =300'
ID 3337 SHEET 2 OF 2 1
MARSH & LEGGE 6 1�CE�TER ;lRGlNU S EET
2' 01
Land Surveyors, P.L.C. PHFAX 640) 667 -0469
Am
300 0 300
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SCALE: 1" = 300'
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NOTES
1. NO TITLE REPORT FURNISHED. -
2 PROPERTY DENTIFICAION N0. 44 -1 -0.
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._
X FA411ENTS ODES THAN SHOWN WAY ENST.
4`9
4. BE - IFTCN ROD FOUND
S yIlR RWO ATIO SHOO BASE ON AN AGSM. FIELD
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US
NOVEL 28,
ROU
AN AREA OF
PER F1RY N0. 51008
YDIITAL COItlIUHFY�PANEI.
0110 B, DATED JULY 17 ,197&
US ROUTE 11
MINOR THE LAND uI SION *13'" R j
D. L. PA YNE &�
RUTH B. PA YNE
H. Bruce Edens
DEED BOOR .TB> PACE 225 No. 000162 -B
STONEWALL AAAQIS7£RIAL DISIR /CT
FREDERICK COUNTY, WRCJNIA
DATE.' NOVEMBER 29, 2001 SCALE: 1 =300'
ID 3337 SHEET 2 OF 2 1
MARSH & LEGGE 6 1�CE�TER ;lRGlNU S EET
2' 01
Land Surveyors, P.L.C. PHFAX 640) 667 -0469
Am
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VIRGINIA FREDERICK COUNTY, SCI'.
This instrument of wwriting99Wsl produmd m me m
31, J 0 o(l xt
.ld wi ccniticatc of . T2 I leagem by ihcret an0 of
ys zad�m�' ced ro remzd. Ta imposed by Sec, 38.3•x02 of
11J[[}!L , and 58.1 -801 have been paid, if a3sesmWa
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THIS DEED, made and dated this 31 sr day of August, 2006 by and between LEE C.
HOLLER and FRANCES DEE HOLLER husband and wife, hereinafter called the Grantors,
and EASY LIVINVA$SOCIATES, a Virginia Limited Partnership, hereinafter called the
Grantee.
WITNESSETH: That for and in consideration of the sum of Ten Dollars ($10.00), cash
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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.
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; 'hat
the Grantee shall have quiet and peaceable possession of the said property, free from all liens and
encumbrances; and they will grant such ftuther assurances of title as may be requisite.
fid 66:Bi 90 -90 -60
BBTZG9904S W°J3 xed
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WITNESS the following signature and seal:
C
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I, Cathy M. Jewell, a Notary Public in and for the State and jurisdiction aforesaid, do
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STATE OF VIRGINIA
COUNTY OF FREDERICK, To -wit:
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
acknowledged the same in my State and jurisdiction aforesaid.
Q
�.' . Given under my hand this 31" day of August, 2006.
D. :` My commission expires: 12/31/08.
Notary Pdbfic
S mrovmed..e. pews br
ed. B. Y."
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and with [o i rucc';ci:aa.: ircE;entaFat ;i ".trA !.o ai6nY i@d
was admitte d to record. 5x. >S.1 -S02 of
$ eda
and jy.l -SOI have been paid, if assessable.
c: WPWCADEEDS \eddyliving. tee. Wd
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c�
Z , Clerk
08iZL990bS W�`�3 Xe3
/ (SEAL)
LEE C. HOLLER
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2491 8 2511
MARTINSBURG PIKE
STONEWALL DISTRICT
FREDERICK COUNTY
VIRGINIA
15 APRIL 1994
X 37 1 61 664
11 �n p f
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SURVEYOR'S CERTIFICATE:
THE LATm IN THIS OODNDARY LINE ADJU9TMFM IS LOT 2 AND lAT S lA MATTER OF RECORD W GEED BOOR 661, PAGE
BIB). LAT 219 THE LAND CONVEYED TO LEE C. NOLLER ANO FRANCES DEE HOLIER BY DEED GATED I6 AUGUST 1995 W
DEED BOOK 602, PAGE 1269. LOT 315 A PORTON OF THE LAND CONVEYED TO ERVIN E. HART AM MGDAE E f ANT SY
GEED DATED 2S MAY 1961 INDEED BOOK 272. PAGE 279 AND BY PEED DATED IS JULY 1978 IN DEED BOOK 006, PAGE 520,
DWTER'9 CQiTF1CATE
TIOS pVBION. AS B APPEARS ON THIS NAT. 5 WITH THE FIIEE ;O6ilTT AND IN ACCORDANCE WITH THE DESIRES Q iNC IROEA-
SGNEO OWNER. PROPRIETOR OR TROTEE
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STATE OF 4IQ6,jh1 /A
AMNOM'LEDGED WORE ME T /�/ DAY OF AA 1 4 - 1
NOTARY Pmuc = lT=` � MY CpBAtMOP1 EWAEB 'zia J.We /997
V °r L. ALLEN EBERT
L ALLEN � E g EAT c� PROFESSILVAL LAND SURVEYOR
t. ,a�r2l 35 w..8=wBl ST.
(LICENSE) No. #KOM? VA 22601 -4740
1498
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LOT 2A
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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 corner to Lot 1; thence with the said Line, with the Arc
Line 171.17 ft. (Chord N 52e 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 42e 21'25" W - 313.67 ft. to an
iron pin (found); thence N 40a 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 a 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 47e 38' 35" E - 69.23 ft. to an iron pin
(found); thence S 42e 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
VIRGINIA FREDERICK 00�• SGT' tp mo wk 1 �
rh d Ymant of txdr to lal L/ q- LA'..y�
atlnY o •— ••..""
and with corllncuao of ckno ^detl0mant 1 QatJ 'nnovaA
w aamllletl to r.card. Tat Imposed by
��, tmd s8.1.801 have boon paltl. It aceaie• ..
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ROSS JONES, ET UX
TO DEED
EASY LIVING ASSOCIATES a
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THIS DEED, made end dated this I:' day of September,
1906, by and between ROSS JONES and JOAN B. JONES, his wife,
parties of the first part, hereinafter called the Grantors,
and EASY LIVING ASSOCIATES a Virginia Limited Partnership,
party of the second part, hereinafter celled the Grantee.
NITNESSETHs That in consideration of the Sun of Ten
Dollars (110.00) and 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 1954,
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, Frederick 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 R. E. Whitacre
Development, the realty hereby conveyed fronts
on said U. S. Route No. 11, 155 feet, more or
less, and extends back along its Northern
boundary lipe 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 Deed of Assumption dated April 16, 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.
.LL asuru. a.au
ruu a sneaLL
n.w,w vrru
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 set
forth, and that they will forever warrant and defend the
title thereto.
&��N/ �/o
• •
811
BK626PG8II
WITNESS the following signatures and seals
STATE OF VIRGINIA
Q -}y�al OF to -Witt
z, FD .(j pqj, jY. IIN O, a Notary Public in and for
the State of Virginia, (�� _ p C1,j.�S , do hereby certify
that ROSS JONES and JOAN B. JONES, his wife, whose names are
signed to the foregoing instrument, bearing date on the
J:)Nh day of September, 1986, have personally appeared
before me and acknowledged the same in my State and
jurisdiction aforesaid.
Given under my hand this Q!0_% day of , 1986.
My Commission expires ha 6h n 1 Car
4 %"am Mu
Wxu a YI,ee14
MrNV.R Y..rr
�LWtY4 AN,IN
1
.:1:atN[A FREDERICK COUATY, SGT.
This instrument d writing was produced to me on the
� da7 of s n!f&j at .3'39 �J .
.d Witt, etdacato of ckaowledgmont thereto anasaed w..
imiltod to record. Tax Imposed by Sao. 98•34.1 of
and 5Si54 have been paid, if aw_sab
.:�,,;r..44 �L'�n`a .4f
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#8732
MINNIE E. HART
TO: DEED
EBYzjda
DONALD G. HART, ET UX
11 -19 -87
uu664rc010
THIS DEED,
made and dated this 19th day of November,
1987, by and between iaNNIE E. HART, widow, party of the first
.`
part, hereinafter called the Grantor, and DONALD G. HART and
a
SANDRA R. HART, his wife, parties of the second part, hereinafter
N
N
called the Grantees.
�'
-- WITNESSETH, That for and in consideration of the sus
of Ten Dollars (810.00), cash in hand paid and other valuable
u
C S�
consideration, receipt whereof is hereby acknowledged, the
r
Grantor dose grant and convey, with General Warranty and with
C1 Q.
English Covenants of Title, unto the Grantees, an tenants by the
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entirety in fee simple, with survivorship as at common law,
V7
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, containing
,
0.475 acre, and more particularly
described as Lot 2 on that certain
plat and survey of L. Allen Ebert,
L.S., 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 Circuit
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
Deed 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 Donald
Gene Hart, at ux, of record in the
' aforesaid Clerk's Office in Deed
Book 556, at Page The said
Ervin E. Hart, having died on July
sour.
1
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Rexgjds
11 -19 -57
8K664PG019
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7, 1985, and by his last will and
testament recorded in will Book $7,
at Page 611 in the aforesaid Clerk's
Office, devised the subject property
unto his wife, Music R. Hart.
Reference is here made to the afore-
said plats, deeds, will, and the
references contained therein for a
further and more particular descrip-
tion of the property conveyed herein.
This conveyance is made subjoct to all legally enforce-
able restrictive covenants and easements of record affecting the
aforesaid realty.
WITNESS the following signature and seals
�fII.,ru�U .. ISm)
N R.
STATE OF VIRGINIA
County of yredorick, To -wits
I, r.•t.G !J Z,94 � , a Notary Public in
and for the State and jurisdiction aforesaid, do hereby certify
that MINNIR R. HART, widow, whose name is signed to the foregoing
Dead, dated 19th day of November, 1957, has personally appeared
before oo and acknowledged the same in my State and jurisdiction
aforesaid.
Given under ny hand this &_1J day of November, 1967.
My cosaisoloa expires Yd..74 /99 :'�,��� '.' .,
rapiave� j�
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LOT
I:
0.192
U. S. ROU
ACRE
LOT
2:
0.475
ACRE
LOT
3:
2.093
ACRES
BOUNDARY LINE
ADJUSTMENT APPROVED
FREOERICN COUNTY ((��
PLANNINP DEPARTMENT 11'9'81
PTCR I[ ARTICLE ECTON H
Na
1498
,
The Accompanying Plat repr §tkP&"B6DARY LINE ADJUSTMENT
Survey of Lot 5, Lot 4, and the Remaining Northeastern Portion
of Lot 3, R. E. Whitacre Development (A Matter of Record in
Deed Book 226, Page 212) 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 Deed dated 15 July 1975 in Deed Book 556,
Page 320. The said Lend 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 It Beginning at an iron pin in the Northwestern Line of
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.) t an iron pin, a corner
l 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
n
' - 69.23 ft. to on iron pin in the Northeastern Line of the said
Stonewall Acres, Inc. Land; thence with the said LLna. 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 Lino 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 11 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 Land, S 41' 47' 04" E -
23.68 ft. to an iron pin; thence S 54' 45' 55" W - 40.28 ft, to a
spike in a tray root, a corner to the said Stonewall Acres, Inc.
Land; thence with the Northeastern Line of the said Land,
S 42' 21' 25" E - 94.75 ft, to the beginning.
Containing: 0.475 Acre
• Lot 3: Beginning at an iron pin in the Northwestern Line '
9
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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 comer 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' L6" W - 276.56 ft. to an
iron pin (found); thence S 22' 39' 00" W - 217.58 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
I
I 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, S 42' 21' 25" E - 110.25 ft, to an iron pin,
a corner to the said Lot 1; thence with the Two Following
j
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.
i
Containing: 2.093 Acres
Also shown on the Plat is the 60 Ft. Right
1 �•
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
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VIR G I NIA: FREDERICK COUNTY, SCf. C
Thiin
Thle Istrummd of W' f ng was produced to me on the a�
- -L�day orlL� 19 /n. SOA.m . 1698
and with c_ i,43te oi acknowledgment thX to annexed d►
'
was dmined to record. Tax imposed by Sac 5&54.1 W Ab
aa ndd 58-54 have been paid, d assessable.
.
CLERK
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Filc #0240 -02
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020008973_
THIS RIGHT OF WAY AND ROAD MAINTENANCE AGREEMENT made this
1 r=+ 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 apart 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. Payne
Tax Map No. 44 -1 -D 36.48 acres Deed Book 38 t, Page 225
Tracts of land belonging to Easv Living Associates
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Tax Map No. 44 -1 -DI
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. - 897.L
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:
I. Repairs and/or maintenance shall be performed when the owners or their
successors in interest shall agree by unanimous consent in writing.
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2. There shall be no obligation to upgrade the road from its present condition;
however each party shall have the rightto 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.
Maintenance and repair shall include repairing the road surface, adding stone,
clearing obstructions, grading or scraping the road as necessary, cleaning or
recutting 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 partiesprorara based onthe
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.
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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 shall be
construed and interpreted according to the laws of the Commonwealth of Virginia.
ZG �ac., c (SEAL)
RUTH B. PAYNE
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 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 qjJ day of May, 2002, has personally appeared before me
and acknowledged the same in my State and Jurisdiction aforesaid.
fo,
GIVEN under my hand this �_ day of May, 2002. v`.'
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Notary Public
My Commission Expires: 3 OD .S g v V'•'
EASY LIVING ASSOCIATES,
A Virginia Limited Partnership
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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 _5& day of May, 2002, has
personally appeared before me and acknowledged the same in my State and jurisdiction aforesaid.
Given under my hand this day of May, 2002. ". 4
NOTARY PUBLIC
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My Commission Expires: Vrl'I
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020008972 co
File #0240 -02
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THIS DEED OF CONFIRMATION made and dated this VA day of May, 2002, from
OLIVER L. PA E, 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,
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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 ux, 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
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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:
�Vv, Am (SEAL)
O. L.PAYNE
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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 O. L. Payne, whose name is signed to the foregoing Deed of Confirmation
datedthe $�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 5M day of May, 2002.
0A11 J6 ze SEA�L.�,
Notary Public
My Commission Expires: I
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This document prepared by
Stephen G. Buder, Esquire
KUYKENDALL, JOHNSTON, McKEE & BUTLER, P.L.C.
112 South Cameron Street
R O. Drawer 2097
Winchester, VA 22604
(540) 662 -3486
nun uvstrument +` wrn:vy aas p. oduad to me nn
., �t�rtine�r: of .;crn.+wie.lgcmem. +hrre �r, / rxd
was ad ited to record. Ta imposed by Sec 5b.1 -802 of
g� , and 58.1.801 have been paid, if assessable
_f 44✓ ,perk
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[� 81(903FG0244
7563 - Ikic+'1
EBYAndb
THIS DEED, made and dated this 27• 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.
lq WITNESSETH: That for and in consideration of the sum of Ten Dollars
($10.00), cash in hand paid and other valuable consideration, receipt whereof is
t 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
, i J S all rights, rights of way, privileges improvements thereon and appurtenances thereto
belonging, all of the following realty:
1
Q" All of those two certain lots or parcels of land, lying and being situate in
Stonewall Magisterial District, Frederick County, Virginia, the.first
K containing approximately. .19 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, 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 through 1229, and
by this reference trade a part hereof as if set out full. AND BEING a
portion of the same land conveyed to Ervin E. Hart and Minnie E. Hart,
hiI 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 tix, of record in the aforesaid Clerks 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. Hart, by
C the aforesaid survivorship provision. Reference is here made to the
p aforesaid instruments and the references contained therein for a further
4 and more particular description of the property conveyed herein.
0
This conveyance is made subject to all legally enforceable restrictive covenants
and easements of record affecting the aforesaid realty.
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BK903PG0245
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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 tide as may be requisite.
WITNESS the following signature and seal:
)9 / l.�w.,o�p, 7 - �6�„7`" (SEAL)
MINNIE E. T
STATE OF VIRGINIA
CITY OF WINCHESTER, To -wit:
I. L wry M L 2a j jfa irk , 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 - 2_R_ day of April, 1998, has personally
appeared before me and acknowledged the same in my State and jurisdiction
aforesaid.
WaapaA: FtiMEFUC7toUNT%WL
Th In «nt l wnanp w ta Y eo n.- 1 . e . m
antl with caNSSato of acknowledgment thereto annexay
wa a mined to recortl. tax Imposed by Sea 99.1d02 01
0 , and G - -SOt have been paid. If aacessable.
4 M.ct'- % ar. , Clark 2
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Given under my hand this aR day of April, 1998.
My commission expires 313t`�aco t
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X7219
J. H. YOST, III, ET UX
TO: DEED OF ASSUMPTION
EASY LIVING ASSOCIATES
DX659FG693
THIS DEED OF ASSUMPTION, made and dated this ` t�l day of
Y q F;rte( , 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 Virginia
Limited Partnership, party of the second part, hereinafter
called the Grantee; JOHN R. PROSSER, Trustee, party of the
third part; and FARMERS 6 MERCHANTS NATIONAL BANK, party of
the fourth part, hereinafter called the Beneficiary.
WITNESSEIH: That for and in consideration of the sum
of Tan 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 front$ an the westerly aide of U.S.
Route 11, approximately five (5) miles
North of Winchester in Stonewall MnRis-
terial District, Frederick County, Virginia,
and more particularly described by the plat
and survey of H. 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; and being the same property conveyed
to the Grantors herein by Deed dated June
11, 1986, from Minnie It Hart, widow, and
recorded in the aforesaid Clark's 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 par titular description
of the property conveyed herein.
EBY: Ids
n -22 87
OXG59 Fos 94
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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 Junell, 1986, executed by the Grantors to John
R. Prosser, Trustee, at ale, 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 11, 2011, to
the Farmers & Merchants National Bank, The Grantee, as evidenced
by their joining in this instrument and as part of the considera-
I
I
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, 1 as of
the day of 1987, is �v�'� Ai- �JSti.+'
'Fai �= 13ollars
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 coneent.to the assumption by the
Grantees of the Deed of Trust hereinabove mentioned, and hereby
releases the said J. H. Yost, III and Paula H. Yost, his wife,
and hold them harmless thereto.
WITNESS the following signatures and sealst
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sK659rc695
EAL);
STATE OF VIRGINIA
(t 7� of l To -wits
(J I, '/ - 46 f ' , a Notary Public
in and for th State and jurisdiction aforesaid, do hereby
certify that J. H. YOST, III and PAULA H. YOST, his wife, whose
names are signed to the ' foregoing Deed of Assumption, bearing
date the olq"'day of , 1987, have this day personally
appeared before me and acknowledged the same.
Given under my hand this `i� /f�• day of y (,y„� - , 1987.
My commission expires, i
�7
otary u e
STATE OF VIRGINIA
o[ , To -Witt
I, �N "1�,��� 11 , a Notary Public
in and for th 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 c3 ay of J,
1987, has this dry personally appeared before me and acknowledged �
�
FARMER� �& �ME NATTjONAL BANK
By$ O�'�t� / — (SEAL)
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EBYljds
9 -22 87
BK65Me98
the same. �•
Given under my hand this y day of 'y'i487i�
n
My commission expires ('/ tt '' A', j t�=j dJ ,
Notary a
STATE OF VIRGINIA
o[ )L/LA eAy To -wit:
I, 2 �, a Notary Public in
and for the1 tote and jurisd ction aforesaid, do hereby certify
that JOHN R. PROSSER, Trustee, whose name is signed to the
foregoing Deed of Assumption, bearing date the (97 i day of
1987, has this day personally appeared before
iMMCaLP1eY '
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1}ll}gLVL �l LM
f In ffUM l[M LIq (1 I
1 wwM,fll� YM,WMN ;
I f>pf
me and acknowledged the same.
Given under my hand this day of r1` J••��AQj,
My commission expires .IJ /; / -IW /6 r 11X.
y '' ,-�'-
lotary u f.'•...::.:..'•
STATE OF VIRGINIA '
i a N otary Public
r a State and jurisdiction aforesaid, do hereby
certify that ;?& _ O&A as �.
a duly authorized officer of FARMERS & MERCHANTS NATIONAL BANK,
whose name is signed to the foregoing Deed of Assumption, bear-
ing date the aye' day of , 1987, has this day
personally appeared before me and acknowledged the same.
Given under my hand this day of �� 1987.
My commission expires ; '
otary a " ' ,E ���r - //,
I
/,83114A FNGD NICK COUNTY, SCr.
Tors wsliunoul of yAjtjug was p,oducod lo me on Nw
O:0
And will, cmhhoalj of acknowl Aginool lhorolo aunesod was
,dnullod W roco:d. T44 nnp,•i,.l by S_ w. Gd d•1.1 of 1
and 3U -5d La vo Lcen paid, it exw»eayle, I
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