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HomeMy WebLinkAbout03-08 Deed�/30�� • e BK95I °GI • , +m4 , TRANSACTION EXEMPT FROM RECORDATION TAXES PURSUANT TO VIRGINIA CODE SECTION 58.1- 8.11A.3. OF THE CODE OF VIRGINIA, 1950, ASAMENDED 1 6 V THIS DEED made this day of November. 1999, by and among �6 WILSON PROPERTY, LLC (the "Grantor "). and WINCHESTER REGIONAL AIRPORT v AUTHORITY (the "Grantee"); N WITNESSETH: 3 p� That for and in consideration of the sum of Ten Dollars ($10.00) cash in hand paid and C other good and valuable consideration, the receipt of which is hereby acknowledged by the C Grantor, the Grantor does hereby grant, bargain. sell and convev unto the Grantee, subject to 'O such matters as are hereinafter set forth, with General Warranty and English Covenants of Title, the following described real estate located in the Shawnee Magisterial District, Frederick V` County, Virginia, fronting on the southwestern boundary line of Virginia Route 645, being a portion of tax map parcel 64 (A) 39 and consisting of 2.0158 acres, as further shown on that certain plat and sun ey by Leon E. Treutle, dated November 8. 1999, entitled "Plat of Survey of Avigation Easement to be Acquired by the Winchester Regional Aitpon From Wilson Property L.L.C., Shawnee Magisterial District. Frederick County, Virginia ", a copy of such plat being attached hereto as Exhibit A (hereinafter the "Property"): The above conveyances are made subject to all easements, covenants. restrictions. agreements and conditions of record and legally applicable to the Property. The Grantor does hereby reserve, and the Property is hereby conveyed subject to. an temporary access easement for ingress and egress to and from Remaining Parcel and Airport Prcpscd b. Sand, Anderson Marks & Arne 801 E. Vain Svcc4 Suiie 1400 M. Boc 1998 Richmond. VA 23218 (804) 698 -1636 •^ �0 6 l , 451P� 1?21 Drive over and across the Property (the "Temporary Easement'). The Grantee shall have the right to determine the location of the Temporary Easement and to move such location from-time to time in its sole discretion (to be located to the south of its current location). Upon relocation of Airport Road. the Temporary Easement shall be extinguished; provided however, that if the Remaining Parcel does not abut a public street, the Grantee does hereby grant a permanent easement to the Grantor for ingress and egress to and from the Remaining Parcel and Airport Drive (as relocated) over and across the Property in a location to be determined by the Grantee in its sole discretion (the "Permanent Easement "). The Permanent Easement shall have a width equal to the lesser of fifty (50) feet or the minimum width required by applicable zoning regulations. The Grantee shall have no duty to build. maintain or pay any cost or expenses in connection with the Temporary Easement or the Permanent Easement or its use by the Grantor. except for the construction costs of the curb cut in Airport Road (as relocated). the Grantor also hereby reserves. and the Property is conveyed subject to, an easement benefiting the Grantor and/or the Frederick County Sanitation Authority, as the case may be, for the extension of water and sewer facilities to the northern boundary line of the Remaining Parcel (the "Water and Sewer Extension Easement''). The Water and Sewer Extension Easement shall have the standard width required for such casements, and shall be located as determined by the Frederick County Sanitation Authority. The Grantor shall bear no cost relating to the Water and Sewer Extension Easement. WITNESS the following signatures and seals. • 8 �9.51rulo22 WILSON �OPP/ERTY, LL By (SEAL) Title: COMMONWEALTH OF VIRGINIA CITY /COUNTY OF f•(K . to -wit: The foregoing instrument was acknowledged before me this f e day of November. 1999. by S /Z � t J i.S as 697r4na,e� of Wilson Property, LLC. My Commission expires: />7tr IJ C.. f c, „ Notary Public r �P r c'� Grantee's Address: Winchester Regional Airport Authority 491 Airport Road Winchester, Virginia 22602 3 s OF,, o PARCEL A ` WILSON PROPERTY LL.0 I oJC Teal: LEONE. TREUTLE v NUMBER DIRECTION IDIS TANCE i N 46'4 '40" W 61.1 ' N 4419'34" W 39. 3' L3 N 34'56'55" E 109.81' SU R� T m c+ P ' a J LEON W. LARGENT O.B. 508 PG. 280 ZONED RA D.B. 948 PG. 183 ZONED U1 3 0 w Ln W e n eo W cd ? o cc Lb O LOT 1 D.B. 948 PG. 183 < ' D.6. 94� 3 183 L J P AREA AREA = 12895 AC. ,,, 56,173 50. FT. ,� J1,6 6 , 1 S0. FT. TEL ZONED U 1 ZO�gD M1 PAD 8..95 i 1 Z3• J rriow rn Ol r NUMBER RADIUS ARC Cl 2068.00' 142.05' C2 2068.00 1 101.82' CJ 1932.00 1 118.95 \ v MOBILE f I \ \ � HOME 111333 \ J I> METAL SHED PAR �L B ti WILSON PROPERTY L.L.C. D.B. 948 1 183 PARCEL A l 3 PAR B 1 C3� WILSON PROPERTY L.L.C. P ;,,WILSON P CPERTY L.L.C. BENT ROD FOUND H 256 73' I.P.S. 2 2 8 ---�L (USED FOR LINE) -- _ SEE NOTE 6 S- �D'2 �9 q ARABLE R /W)_ AIRPORT ROAD / VIRGINIA SECONOARY_RO 645 ( sssD TO CL OR _ _ DUN PA I A NOTES: I. THIS PEAT 15 THE RESULT OF A FIELD SURVEY COHOUCIEO BY ANDERSON k Ass PLAT OF SURVEY OF IN JUNE AND JULY 1996. AVIGATION EASEMENT 1. THE PROPERTY TD BE ACOIARED BY THE WINCHESTER REGIONAL AIRPORT DOES NOT LE TO BE ACOUIREO BY THE W A 100 YEAR R00D ZONE AS SHOWN ON FIRM MAP COMMUNITY PANEL / 51006J 0115 B J. o = ROD SET WINCHESTER REGIONAL PG. N5 nn �wR BY nuS D J LAWYERS TrU AIRPORT T PREPARED INCORP" Lr R�TING 96 INSURANCE CORPORATION R.CHMOND, WRGINA FROM WILSON PROPERLY LLC. 5. THIS PROPERTY WY BE SUBJECT TO &SEUENTS OR RIGHTS OF WAY CDAWYED To- (A) THE NORTHERN VIRGINA POWER COMPANY RECORDED IN D.B. 157 PG. 100. D.B. 177 PG. SHAWNEE MAGISTERIAL DISTRICT 555. O.B. IBA PG. 144, AND D.B. 113 PC. 369; AND (8) ME POTOMAC EDISON COMPANY IN FREDERICK COUNTY, ORGINA D.B 659 PC. 195 100 50 0 100 6. RACHT OF WAY DEDIGTED TO THE COMMONWEALTH OF NMJNII IN D.B. 557 PG. 56 7. PROPERTY ADDRESS 656 AIRPORT R0. WMCIffSTEF, NRLrNM VIRGINW- FTIEDERICX COUNTY, SGT. This instrument of wrIj1h,, Was produced 1 me an the .Jj o, /✓00 ,, ,M /o(.•llan//L cnd vah zcrtlftatz - - F.ac :cd „aart tharb ccnccod was admitted to record. Tm Imposed by Sec. 58.14102 01 .. SS V W -. and 61.1 -101 L been paid, 11 sea ueWit. Clark SCALE IN FEET QOQQ AANOERSON A ass SVry;�ecn �"` w In rye ^^ `:- c�:..' 7, REVISED DATE: 20 OCT 99 DRAWN SCALE MJE 1 "= 100' DATE 5 SEPT 96 DOCUMENT NO. 1328 - 002 VIRGINW- FTIEDERICX COUNTY, SGT. This instrument of wrIj1h,, Was produced 1 me an the .Jj o, /✓00 ,, ,M /o(.•llan//L cnd vah zcrtlftatz - - F.ac :cd „aart tharb ccnccod was admitted to record. Tm Imposed by Sec. 58.14102 01 .. SS V W -. and 61.1 -101 L been paid, 11 sea ueWit. Clark i 7o/J THIS AGREEMENT, made this 26th day of May, 1987, by and between C. DOUGLAS ADAMS snd FERN L. ADAMS, husband and wife, hereinafter referred to as Sellers, and the CITY OF WINCHESTER, a Virginia Municipal Corporation hereinafter referred to as Buyer, WiTNESSETH: WHEREAS, the Sellers hereby agree to sell and the Buyer hereby agrees to buy the hereinafter described real estate upon the terms and conditions set forth herein; NOW, THEREFORE, in consideration of the premises and the mutual covenants contained herein, the parties agree as follows: (1) The Sellers agree to sell and the Buyer agrees to buy the following described real state, dascritzd zs a lot or parcel of land as located in the Shawnee Magis- terial District, Frederick County, Virginia in the joining Bufflick Road, State Route 645, described as follows: Beginning in the south right -of -way line of Bufflick Road, State Route 645 at a point approximately 30 feet northwest of the intersection of said road and a gas pipeline; thence with said south right -of- way line of Bufflick Road S 49" 50' 58" E 488.62 feet; thence continuing with said road in a curve, radius of 429.23 feet, bearing change 27 21" 49 ", arc 204.99 feet; thence continuing with said road S 22" 29" 09" E 1,760.68 feet to a point in said south right -of -way line; thence through the lands of Adams N 43 O8' 24" W 2,263.56 feet to a point in the Adams land; thence N 39" 59" 05" E 592.84 feet to the point of the beginning, con- taining 21.1113 acres, and as shown on a plat hereto and made a part hereof entitled "PLAT SHOWING 21.1113 ACRES STANDING IN THE NAME OF C. DOUGLAS AND FERN L. ADAMS," dated January 28, 1987. (2) The purchase price for the real estate is $148,000, which will be paid to the Sellers as follows: (A) A One Thousand Dollars ($1,000) deposit paid upon the execution of this contract. i S Pi i i i i N I L.4 7 J W J LY �Y r N- 7 � oz c� _ 2 G n zQ J 1 rr U" F � 2 L corner radius at the transition road's terminal point with present Bufflick Road and the new road. (12) Seller and Buyer agree to cooperate on providing public sewer and water to serve their properties, to include providing necessary easements and sharing, on a basis to be determined, the costs of providing said utilities. Seller shall not be responsible for the $400- per acre cost for sewer to Frederick County as to subject property. (13) Seller reserves the right at its option to remove all or part of the standing timber on the tract prior to development of the site. (14) This contract is binding on the successors, assigns, and personal representatives of the parties. (15) Seller shall have a sufficient easement to tap into gas line which runs along northwesterly boundary of subject property. Witness, the following signatures and seals: z SEAL) C fug as Adams, Seller � 9/.y LAC ff.A ,r ?=c-! (SEAL Fern L. Adam _ller CITY OF WINCHESTER ,[ . By: "h \ �) �``�"1 (SEAL) Edwin C. Daley, y Manager -4- 0 0 Bufflick Road to the southwest side of the property hereby conveved, and to take all reasonable steps necessary to achieve the relocation of said road to the land dedicated by the Sellers to the Commonwealth. Sellers further agree to provide any necessary assistance to the Buyer in achieving the abandonment of so much of existing Bufflick Road as is located between the property hereby conveyed and the remain- ing properties of the City. (8) The Buyer agrees that Sellers may keep and maintain the Pegasus statue and Upper Valley Business Park sign where they are currently located until the property upon which said statue and sign are needed by the Buyer or by Winchester Regional Airport Authority for the development of the property hereby conveyed. (9) This contract is contingent upon approval by the Commonwealth Transportation Board, within 30 days of the signing of this Agreement, of the relocation of Bufflick Road through Seller's remaining property to Route 522. Seller has already and does hereby agree to dedicate the necessary right -of -way to the Commonwealth of Virginia for the relocated road. (10) Buyer agrees that within two years it will break ground for the relocation of a terminal building on the property, having one face toward the new road. Should Buyer not do so, or not complete said terminal within a reasonable period of time thereafter, it will reconvey the property to Seiler at no expense to the Seller, other than the repayment of $148,000.00 to Buyer by Seller. This reconveyance shall be subject to Federal Aviation Administration approval. (11) Seller agrees to dedicate a 50 foot right -of -way for a transition road from present Bufflick Road to the new road adjacent to northwesterly line of subject property. The Buyer agrees to dedicate sufficient road for the turning -3- • • (B) One Hundred Forty -Seven Thousand Dollars ($147,000) shall be paid at the time of the closing. (3) The parties agree to cooperate togethei to obtain necessary subdivision, zoning, and other regulatory approval for the sale of the property. (4) Delivery of the deed, the balance of the purchase price, and the possession of the property shall take place within 60 days of the obtention of subdivision and other regulatory approvals necessary for the sale of the property, and the contingencies contained in this agreement. (5) Buyer shall have the right to have the title to the above - described real estate examined at his own expense. If any defect in title is found which will prevent the title from being marketable and /or insurable, and such defect is not cured by Sellers within ninety (90) days after written notice from Buyer or Buyer's attorney, Buyer shall thereupon have the right to void this contract and have the deposit immediately returned to the Buyer. Sellers agree to convey to Buyer the subject real estate by a good and sufficient deed with General Warranty and English Covenants of Title, prepared at Sellers' expense, with the Sellers paying the State transfer tax. Upon written notification to the Sellers by the Buyer, the Sellers agree to deliver a deed to Winchester Regional Airport Authority, as assignee of Buyer's rights hereunder. (6) All risk of loss shall remain on the Sellers until the date of closing. Real estate taxes shall be pro- rated as between the Sellers and the Buyer as of the closing date. (7) Whereas the property conveyed by this agreement is separated from the remaining properties of the City of Winchester at the Winchester Regional Airport by existing Bufflick Road, Sellers agree to dedicate land to the Commonwealth of Virginia necessary for the relocation of -2- S P014 70�4 0 a Map Parcel No.: 64 -A -74 CD C- n TRANSACTION EXEMPT FROM RECORDATION TAXES PURSUANT TO VIRGINIA CODE SECTION 58.1- 8.11A.3. OF THE CODE OF VIRGINIA, 1950, AS AMENDED 0444 6=-%� THIS DEED made this 16�- day of Geteb r, 2005, by and among NINA V. RICE (the "Grantor "), and WINCHESTER REGIONAL AIRPORT AUTHORITY (the "Grantee "); WITNESSETH: That for and in consideration of the sum of Ten Dollars ($10.00) cash in hand paid and other good and valuable consideration, the receipt of which is hereby acknowledged by the Grantor, the Grantor does hereby grant, bargain, sell and convey unto the Grantee, subject to such matters as are hereinafter set forth, with General Warranty and English Covenants of Title, O the following described real estate: 0 0 O m FOR DESCRIPTION OF REAL ESTATE CONVEYED SEE SCHEDULE "A" 0 ATTACHED HERETO AND MADE A PART HEREOF. -Y 6 The above conveyances are made subject to all easements, covenants, restrictions, J agreements and conditions of record and legally applicable to the Property. V) r o The Grantor does hereby reserve, and the Property is hereby conveyed subject to, a J temporary access easement for ingress and egress to and from Remaining Parcel and Airport Drive over and across the Property (the "Temporary Easement'). The Grantee shall have the right to determine the location of the Temporary Easement and to move such location from time Prepared by: Sands Anderson Marks & Miller 80 t E. Main Street, Suite 1400 P.O. Box 1998 Richmond, VA 23218 (804) 648 -1636 0 0 0 CD to time in its sole discretion. Upon relocation of Airport Road, the Temporary Easement shall W extinguished; provided however, that if there is no other access from a public street to the Remaining Parcel, the Grantee shall grant a permanent easement to the Grantor from Airport Road (as relocated) to the Remaining Parcel over and across the Property for ingress and egress in a location to be determined by the Grantee in its sole discretion (the "Permanent Easement "). The Grantee shall cooperate with the Grantor in locating the access easements described above. The Grantee shall have no duty to build, maintain or pay any cost or expenses in connection with the Temporary Easement or the Permanent Easement or its use by the Grantor. The Grantor also hereby reserves, and the Property is conveyed subject to, an easement benefiting the Frederick County Sanitation Authority for the extension of water and sewer facilities to the northern boundary line of the Remaining Parcel (the "Water and Sewer Extension "). The Water and Sewer Extension Easement shall have the standard width required for such easements, and shall be located as determined by the Frederick County Sanitation Authority. The Grantor shall bear no cost relating to the Water and Sewer Extension Easement. WITNESS the following signature and seal. Nina V. Rice 111 4)t 0 COMMONWEALTH OF VIRGINIA CITY /COUNTY OF . �& t r � , to -wit: o CO 0 The foregoing instrument was acknowledged before me this 1 Co 4-' day of Otteber; 2005, by Nina V. Rice. My Commission expires: r J�/}2o '30 , a00 Notary Public Grantee's Address: Winchester Regional Airport Authority 491 Airport Road Winchester, Virginia 22602 0 0 co CD C , SCHEDULE "A" ALL OF THAT certain lot or parcel of land situate on the north side of Buffalo Lick Road about 2 %2 miles southeast of Winchester, Virginia, in Shawnee Magisterial District, Frederick County, Virginia, and more particularly described as follows: Beginning at the southeast comer of the said Hattie L. Braithwaite corner to Claude Smalts property, running thence with the Buffalo Lick Road, north 53 '/z degrees west 72 feet to a corner to the Hattie L. Braithwaite other land; thence with the Hattie L. Braithwaite land west 31 '/� degrees east 100 feet to a corner of the Braithwaite land; thence south 53 '/z degrees east 72 feet to the Smalts land; thence with the Smalls land south 31 %2 degrees west 100 feet to the point of beginning, and bounded more particularly on the east by a road upon the Smalts land which is described in a plat attached to and recorded with a Deed from C. E. Alt and Daisy M. Alt, his wife to Hattie L. Braithwaite, dated March 25, 1944, and of record in the Clerk's Office of the Circuit Court of Frederick County, Virginia, in Deed Book 189, at Page 141. AND BEING the same property conveyed to Raymond R. Rice and Nina V. Rice, his wife, by Deed from J. Erven Bolen and Charlotte B. Bolen, his wife, dated December 30, 1961, and recorded in the aforesaid Clerk's Office in Deed Book 276, at Page 18. The said Raymond R. Rice died January 5, 1981 and by operation of law the property passed in fee simple to Nina V. Rice. VIRGINIA: FREDERICK COUNTY. SCT. This instrument of writing was produced to me on // /8' -46: at H X37 P A and with certificatc of acknowledgement thereto annexed was admitted to record - r imposed by Sec. 53.1 -802 of and 58.1 -801 have been paid, if assessable 4 � �et—v , Clerk 0 0 ) 2;e\ �j(j7 %|§aM Jwd ©� ek »e an » u �- ) &- & � #£ ®/ 5 ` © � C L $ }} }2@ )' E \ \ } &_ �`® e ��■ �, 3` k ;lam \} ®° « .)(2 2 §.& 2; k\ . /[) w ®( ))) k�\\ \/$ ) 2;e\ �j(j7 %|§aM Jwd ©� ek »e an » u :! �- ) & � � #£ ®/ §§ # ` © � C L ) 2;e\ �j(j7 %|§aM Jwd ©� ek »e an » u :! �- ) & � � #£ ®/ §§ # ` C L $ }} }2@ )' E \ \ ) 2;e\ �j(j7 %|§aM Jwd ©� ek »e an » u y �- ) & � §}\ #£ ®/ §§ # C L $ }} 2|� )' E \ / � k2 . �m to } ,�� . IS � | \! is m «SaD awe. L11-13 wee me e �. ---q COMMONWEALTH OF VIRGINIA ar& FREDERHV CIRCUIT CCRIPT DEED RECEIPT - CEIFT: D700f. .1 E17 TVPE� DNE RE 91 R PAYKENTi PULL P�YHNT INSTEMENT 1 07ON5617 BDOU PASE: REURKIN 1WQQ@? AT 111P SRANTPIR: WINCNESTER REGIONAL AIPPORT AUT9n. ITTY EY: N LOC: N SRAN».c EPS VALLEY DEVELDPENT LLC Q1 N o, AND ACDRES� : RECT' OF : �M�.AEL L. RYAN F 'ECK! 4K;00 i: SN. DIST PASES: 15 E: IMMER CONSI ,, EPATION� alp, !Yj IMP: PM SO! PEEN 22.59 145 «r 1;5Q A TECHMUOSY TRST END 5.211 E ) E: 'ul' No rwa oma) TENDERED ; 35 ANOUNIT PAIP: OEM COME HT 1 0�11 K OF CHER HAP. KEAN i 0 0 0 070015 617 CF1 THIS DEED OF BOUNDARY LINE ADJUSTMENT, made and dated this 21" day of September, 2007, by and between WINCHESTER REGIONAL AIRPORT AUTHORITY ( "KOKV "), CARPER'S VALLEY DEVELOPMENT, L.L.C. a Virginia limited liability company ( "Carpers Valley "), GOVERNORS HILL L.L.C. a Virginia limited liability company ( "Governors Hill "), VIRGINIA DEPARTMENT OF TRANSPORTATION for indexing purposes only ( "VDOT' ), and THE COUNTY OF FREDERICK, VIRGINIA for indexing purposes only (the "County"). RECITALS: A. KOKV is vested with fee simple title to that certain tract of land, containing 228.00 acres, more or less (according to County of Frederick, Virginia tax records), situate southwest of Millwood Pike (Route 50/17) in Shawnee Magisterial District, Frederick County, Virginia, Tax Map No. 64 -A -79 ( "KOKV Parcel #1 "). B. KOKV is vested with fee simple title to that certain tract of land containing 37.442 acres, more or less, situate southwest of Millwood Pike (Route 50/17) in Shawnee Magisterial District, Frederick County, Virginia, Tax Map No. 64 -A -88 ( "KOKV Parcel #2 "). C. Carper's Valley is vested with fee simple title to that certain tract of land containing 102.3888 acres, more or less, situate on the southwest side of Millwood Pike (Route 50/17) in Shawnee Magisterial District, Frederick County, Virginia, Tax Map No. 64 -A -86 ( "Carper's Valley Parcel 91 "). D. Carper's Valley is also vested with fee simple title to that certain tract of land containing 21.9283 acres, more or less, situate west of Millwood Pike (Route 50/17) in Shawnee Magisterial District, Frederick County, Virginia, Tax Map No. 64 -A -87 ( "Carper's Valley Parcel #2 "). E. Governors Hill is vested with fee simple title to that certain tract of land Michael L. Bryan 9 Court Square 2n°Floor Winchester, VA containing 117.5443 acres, more or less, situate on the west side of Millwood Pike (Route 50/17) in Shawnee Magisterial District, Frederick County, Virginia, Tax Map No. 64 -A -83 ( "Governors Hill Parcel "). KOKV, Carper's Valley and Governors Hill have agreed to adjust the boundaries of KOKV Parcel #1, KOKV Parcel #2, Carper's Valley Parcel #1, Carper's Valley Parcel #2 and the Governors Hill Parcel so as to add 1.0554 acres, more or less, to 1- i 0 CD 6'i O KOKV Parcel 91, to subtract 0.8583 acres, more or less, from KOKV Parcel #2, to create "New Parcel 86" containing 107.4389 acres, more or less, "New Parcel 87" containing 17.9745 acres, more or less, and "New Parcel 83" containing 116.2509 acres, more or less, as more particularly described by that certain plat titled "Boundary Line Adjustment Between Governors Hill and Winchester Regional Airport" dated March 28, 2006, revised through August 31, 2007, drawn by Cory M. Haynes, L.S. (the "BLA Plat "), a copy of which is attached hereto and incorporated herein by reference as if set out in full, as more fully set forth hereinafter. Reference is further made to Sheet 3 of 7 of the BLA Plat as to the additions /subtractions from the aforementioned KOKV Parcel #1, KOKV Parcel 92, Career's Valley Parcel #1, Carper's Valley Parcel #2 and the Governors Hill Parcel as referenced in this Deed of Boundary Line Adjustment. G. The County is vested with fee simple title to that certain tract or parcel of land containing 10.1321 acres, more or less, situate southwest of Millwood Pike (Route 50/17) in Shawnee Magisterial District, Frederick County, Virginia, designated as "New Parcel 82" on that certain plat titled `Boundary Line Adjustment Governors Hill Between Parcel 82 & Parcel 83" dated May 3, 2006, revised January 17, 2007, drawn by Cory M. Haynes, L.S., which plat is attached to and made a part of that certain Deed of Boundary Line Adjustment dated January 24, 2007, of record in the aforesaid Clerk's Office as Instrument No. 070001976, and being the same lands acquired by the County by that certain Deed of Gift dated January 24, 2007, of record in the aforesaid Clerk's Office as Instrument No. 070001977, Tax Map No. 64 -A -82 (the "County Parcel "). NOW, THEREFORE, WITNESSETH: That for and in consideration of the premises conveyed, and other good and valuable considered deemed adequate at law, the receipt and sufficiency of which is hereby acknowledged, the parties do agree as follows: Recitals: The Recitals are incorporated herein and made a material part hereof as if set out in full. 2. Conveyances: Carper's Valley hereby grants and conveys unto KOKV, in fee Michael L. Bryan 9 Court Square Z' Floor Winchester, VA simple, with special warranty of title, all of that certain lot or parcel of land, together with all improvements thereon, and all rights, rights of way and appurtenances thereunto belonging, containing 234,719 square feet/5.3884 acres, more or less ( "Parcel A "), which -2- CD 0 m lot or parcel of land is more particularly described on the attached BLA Plat. KOKV hereby merges and incorporates Parcel A into the existing KOKV Parcel 41. ii. Carper's Valley hereby grants and conveys unto KOKV, in fee simple, with special warranty of title, all of that certain lot or parcel of land, together with all improvements thereon, and all rights, rights of way and appurtenances thereunto belonging, containing 402,647 square feet/9.2435 acres, more or less ( "Parcel B "), which lot or parcel of land is more particularly described on the attached BLA Plat. KOKV hereby merges and incorporates Parcel B into the existing KOKV Parcel #1. iii. KOKV hereby grants and conveys unto Carper's Valley, in fee simple, with special warranty of title, all of that certain lot or parcel of land, together with all improvements thereon, and all rights, rights of way and appurtenances thereunto belonging, containing 622,629 square feet/14.2936 acres, more or less ( "Parcel C "), which lot or parcel of land is more particularly described on the attached BLA Plat. Carper's Valley hereby merges and incorporates Parcel C into the existing Carper's Valley Parcel # 1. iv. Governors Hill hereby grants and conveys unto KOKV, in fee simple, with special warranty of title, all of that certain lot or parcel of land, together with all improvements thereon, and all rights, rights of way and appurtenances thereunto belonging, containing 56,341 square feet/1.2934 acres, more or less ( "Parcel D "), which lot or parcel of land is more particularly described on the attached BLA Plat. KOKV hereby merges and incorporates Parcel D into the existing KOKV Parcel # 1. V. KOKV hereby grants and conveys unto Carper's Valley, in fee Michael L Bryan 9 Court Square 2n ° Ftoor' Winchester, VA simple, with special warranty of title, all of that certain lot or parcel of land, together with all improvements thereon, and all rights, rights of way and appurtenances thereunto belonging, containing 25,104 square feet/0.5763 acres, more or less ( "Parcel E "), which lot or parcel of land is more particularly described on the attached BLA Plat. Carper's Valley hereby merges and incorporates Parcel E into the existing Carper's Valley Parcel #2. vi. KOKV hereby grants and conveys unto Carper's Valley, in fee simple, with special warranty of title, all of that certain lot or parcel of land, together with all improvements thereon, and all rights, rights of way and appurtenances thereunto -3- • s CD CD N belonging, containing 37,388 square feet/0.8583 acres, more or less ( "Parcel F "), which lot or parcel of land is more particularly described on the attached BLA Plat. Carper's Valley hereby merges and incorporates Parcel F into the existing Carper's Valley Parcel #2. 3. Confirmation of Boundaries: KOKV hereby ratifies and confirms boundaries of KOKV Parcel #1, whereby 1.0554 net acres, more or less, is added to the existing KOKV Parcel #l. ii. Governors Hill hereby ratifies and confirms the boundaries of the Governors Hill Parcel, containing 116.2509 acres, more or less, being more particularly described as "New Parcel 83" on the attached BLA Plat. iii. Carper's Valley hereby ratifies and confirms the boundaries of Carper's Valley Parcel #l, containing 107.4389 acres, more or less, being more particularly described as "New Parcel 86" on the attached BLA Plat. iv. Carper's Valley hereby ratifies and confirms the boundaries of Carper's Valley Parcel #2, containing 17.9745 acres, more or less, being more particularly described as "New Parcel 87" on the attached BLA Plat. V. KOKV hereby ratifies and confirms the boundaries of KOKV Parcel #2, containing 36.5837 acres, more or less, being more particularly described as "New Parcel 88 ". 4. Supplemental Drainage Easement: KOKV and Carper's Valley hereby grant and convey unto VDOT that certain permanent, appurtenant and perpetual drainage easement, 50'm width, being more particularly described as "50' Drainage Esmt Hereby Created" on the attached BLA Plat, together with the reasonable right of access thereto for purposes of maintenance and repair of said drainage easement. 5. Access Easements: Carper's Valley and Governors Hill hereby grant and convey unto btichael L. Bryan 9 Court Square 2� Floor Winchester, VA the County and unto KOKV, and their respective successors and assigns, that certain non - exclusive variable width ingress /egress access and utilities easement over a portion of the Governors Hill Parcel, Carper's Valley Parcel #1 and Carper's Valley Parcel #2 (the "Access Easement ") for purposes of ingress /egress, access and the installation, construction, repair, maintenance, reconstruction and/or removal of electric, gas, cable, -4- ! • CD CD rw telecommunication, water, sewer and other utility lines for the benefit of the County Parcel, KOKV Parcel 91 and KOKV Parcel #2. The Access Easement is more particularly described as "Variable Width Temporary I/E, Access & Utilities Esmt" and "45' Temporary I/E, Access & Utilities Esmt" on the attached BLA Plat. The Access Easement shall become null and void at such time as construction of a public road for public street purposes is completed and accepted for maintenance by the Virginia Department of Transportation providing ingress /egress to the County Parcel, KOKV Parcel 4 11 and KOKV Parcel 42 from Prince Frederick Drive or U.S. Route 50/17 (Millwood Pike); otherwise, the Access Easement shall in all respects be deemed permanent, appurtenant and perpetual, and shall run with the title to the Governors Hill Parcel, Carper's Valley Parcel #1 and Carper's Valley Parcel #2 for the benefit of the County Parcel, KOKV Parcel #1 and KOKV Parcel 92. ii. Governors Hill hereby grants and conveys unto KOKV, and its successors and assigns, that certain non - exclusive permanent, appurtenant and perpetual access easement for purposes of ingress and egress over a portion of the Governors Hill Parcel, designated as "50' Access Esmt." on the attached BLA Plat (the "KOKV Access Easement "). The KOKV Access Easement shall run with the title to the Governors Hill Parcel for the benefit of KOKV Parcel # 1. 6. County Consent: The County consents to this boundary line adjustment as evidenced by its execution of the attached BLA Plat. Matters of Record: The conveyance and adjustment of the boundary lines of the KOKV Parcel #1, KOKV Parcel 42, Carper's Valley Parcel #1, Carper's Valley Parcel 42 and the Governors Hill Parcel is made subject to all easements, rights of way and restrictions of record affecting the subject properties; provided, however, that the foregoing shall not be deemed in any way to reinstitute or republish any restrictions of record that may have expired or lapsed. Michael L. Bryan 9 Court Square 2n Floor Winchester, VA -5- 0 0 a) WITNESS these signatures and seals: ` WINCHESTER REGIONAL AIRPORT AUTHORITY 1 STATE OF VIRGINIA, AT LARGE, CITY /COUNTY OF ,4 oAd( W -wit: The foregoing Instrument was acicnowled ed before me on the - day of „- who• . n • � � ,2007, by Serer.. /nS lnc� `:: - : ,... - I c Is ? ,, • i�leQer— of Winchester Regional Airport Authority. My commission expires 4 !ti qIP, 0 Y PUBLIC -ft- .27896E ...... ' Michael L Bryan 9 Court Square 2n Floor Winche,ner, VA -6- • • o m crt CARPER'S VALLEY DEVELOPMENT, L.L.C. \riehael L. Bryan 9 Court Square 2nd Floor Winchester, VA By: MS CARPERS VALLEY INVESTORS, L.L.C., M aging ember - By: d rte– (SEAL) Charles F. Stuart, Jr. anager STATE OF VIRGINIA, AT LARGE, CITY /COUNTY OF : IIKf7 , to -Hit: The foregoing instrument was acknowledged before me on the 7o T day of S CpkM 4x— , 2007, by Charles F. Stuart, Jr., Manager of MS CarperS Valley Investors, L.L.C., Managing Member of Carper's Valley Development, L.L.C., a Virginia limited liability company. , ,,••O��t9 • C. V My commission expires 0"t hol p 7� ?Otq,, Z S – / , o NO YPUBLIC J^ . GOVERNORS HILL, L.L.C., a Virginia Limitet Liability Company By: MS CARPERS VALLEY INVESTORS, L.L.C., Managing Member B ALA (SEAL) Charles F. S art, Jr, anger STATE OF VIRGINIA, CITY /COUNTY OF FFl I f&!} The foregoing instrument was acknowledged before me on the Z& day of SCJAW be- 1 2007 by Charles F. Stuan, Jr, Manager of MS Carpers Valley Investors, L.L.C., Managing Member of Governors Hill, L.L.C., a Virginia limited ^;:`, liability company. - 701! b _ •�- ' ^'��•: �' My Commission expires: 3'I3lI zvro 6 = oe i N TRY PUBLIC �,�.,•'• THIS INSTRUMENT PREPARED BY: Michael L. Bryan 9 Court Square Winchester, VA 22601 540 -545 -4130 MLB /pmn c1DeedsV,irport - Capers - Gov Hill BLA 9/17/07 -7- / go 2Q a 6 4 i \ � VICINITY MAP SCALE: I" = 2,000' APPROVED BY: 0 CD SETBACK REQUIREMENTS: CT) RA ZONING: TRADITIONAL 5 AC LOTS - FRONT = 60' REAR & SIDE ADJOINING RESIDENTIAL /VACANT = 50' ADJOINING AGRICULTURAL = 100' ADJOINING ORCHARD = 200' RURAL PRESERVATION LOTS - FRONT = 60' FROM EXISTING STATE MAINTAINED ROAD 40' FROM EXISTING PRIVATE I/E ESMT OR STATE MAINTAINED ROAD CONSTRUCTED TO SERVE THE SUBDIVISION SIDE = 15' REAR = 40' EXISTING DWELLINGS - SIDE & REAR = 50' ACCESSORY USES - SIDE & REAR = 15 R4 ZONING: REFERENCE ARTICLE Al OF THE FREDERICK COUNTY ZONING ORDINANCE. FREDERICK COUNTY SUBDIVISION ADMINISTRATOR R,ma I 9 a „ WINCHESTER REGIONAL AIRPORT AUTHORITY A p M a r r U < I C Z � — NOTES: 1. FREDERICK COUNTY PINS: 64 -A -83, 64 -A -86 & 64 -A -87 (ZONED: R4); AND 64 -A -79 & 54 -A -88 (ZONED: RA). 2. BOUNDARY INFORMATION FOR PARCEL 86 IS BASED ON THE "COMPOSITE BOUNDARY SURVEY EXHIBIT PREPARED FOR MILLER AND SMITH ', CERTIFIED FEBRUARY 6, 2006, PREPARED BY GREENWAY ENGINEERING. BOUNDARY INFORMATION FOR PARCEL 79 IS BASED ON THE DEED OF CONVEYANCE RECORDED IN D8 659, PG 175 AND THE PLAT RECORDED IN DB 800, PG 1693. BOUNDARY INFORMATION FOR PARCEL 83 IS BASED ON THE BOUNDARY LINE ADJUSTMENT RECORDED AS INST #070001976. BOUNDARY INFORMATION FOR PARCEL 87 IS BASED ON THE BOUNDARY LINE ADJUSTMENT RECORDED AS INST #070009451. BOUNDARY INFORMATION FOR PARCEL 118 IS BASED ON THE ORDER CONFIRMING COMMISSIONERS' REPORT RECORDED IN DB 423, PG 30; ALL AMONG THE LAND RECORDS OF FREDERICK COUNTY, VIRGINIA. THIS PLAT IS NOT BASED ON A CURRENT FIELD RUN SURVEY. 3. BASIS OF MERIDIAN IS NAD 83, VIRGINIA NORTH ZONE. 4. PURSUANT TO AN EXAMINATION OF HUD FLOOD INSURANCE RATE MAP, COMMUNITY PANEL No. 510053 0115B, WITH AN EFFECTIVE DATE OF JULY 17, 1978. THESE PROPERTIES LIE IN ZONE "C" (AREA OF MINIMAL FLOODING). 5. LOT CORNERS TO BE SET IN ACCORDANCE WITH FREDERICK COUNTY AND COMMONWEALTH OF VIRGINIA REGULATIONS. 6. PREPARED WITHOUT BENEFIT OF A TITLE REPORT. SURVEYOR'S CERTIFICATION: I, CORY M. HAYNES. A DULY LICENSED LAND SURVEYOR IN THE COMMONWEALTH OF VIRGINIA, HEREBY CERTIFY TO THE BEST OF MY KNOWLEDGE AND BELIEF, THAT THE PROPERTIES CONTAINED IN THIS BOUNDARY UNE ADJUSTMENT ARE THE SAME PROPERTIES CONVEYED TO: CARPERS VALLEY DEVELOPMENT, LL.C. INSTRUMENT #060003761 AS TO PINs 64 -A -86 & 64 -A -87 WINCHESTER REGIONAL AIRPORT AUTHORITY PG 175 DB 659, ' DB 800, PG G AS TO PIN 6 A WINCHESTER REGIONAL AIRPORT AUTHORITY S F�4A DB 423. PG 30 DB 800. PG 1693 AS TO PIN 64 -A -88 , GOVERNOR'S HILL, L.L.C. 4 INSTRUMENT //060007880 vI_% AS TO PIN 64 -A -83 0 w ;L ALL AMONG THE LAND RECORDS OF FREDERICK COUNTY, VIRGINIA. BOUNDARY LINE ADJUSTMENT BETWEEN GOVERNORS HILL AND WINCHESTER REGIONAL AIRPORT SHAWNEE MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA SCALE: AS SHOWN DATE: MARCH 28, 2006 REVISED: AUG. 31, 2007 Patton Harris Rust 8 Associates Engineers. Surveyors, Planners. Landscape Architects. T � East Piccadilly Street Win ®p1,11 1l Winchester, Virginia 22601 T 540.667.2139 F 540.655.0493 SHEET 1 OF 7 OWNER'S CONSENT AS TO PARCELS 86 & 87: IrC' THE ABOVE AND FOREGOING BOUNDARY LINE ADJUSTMENT OF THE PROPERTIES OF CARPERS VALLEY DEVELOPMENT, LL.C., 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. CARPERS VdLEY DEVELOPMENT, L.L.0 BY: MS f/ ERS L Y IN TORS, L.L.C., MANAGING MEMBER o BY: (/ q/? 7 L1 CHARLES F ART JR., MANAGER (DATE) Cn J NOTARY PUBLIC STATE OF 1/l Qbi N /A' CITY /COUNTY OF THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE ME ON BY D- a-1 F Stu, Tr i MY COMMISSION EXPIRES rrS� 3/ /moo l v (NOTAR PUBLIC) (DATE) - 70 116- F Z OWNER CONSENT AS TO PARCELS 79 & 88: THE ABOVE AND FOREGOING BOUNDARY LINE ADJUSTMENT AND DEDICATION OF DRAINAGE EASEMENT ON AND THROUGH THE PROPERTY OF WINCHESTER REGIONAL AIRPORT AUTHORITY, AS APPEARS ON THE ACCOMPANYING - "' PLATS IS WITH THE FREE CONSENT AND IN ACCORDANCE WITH THE DESIRES OF THE UNDERSIGNED OWNERS;.;.:.v PROPRIETORS AND TRUSTEES, IF ANY. WINCHESTER REGIONAL AIRPORT AUI IORITY C.� I a, 1 2001 1 I�h1t to V.xeO r (DATE) . B fLr.�+,eL �i1 e Ili ce e� - oc PRINTED NAME & TITLE Serena R. !4artu� NOTARY PL�I ICS k STATE OF 1 '"14 CITY/COUNTY OF THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE ME ON RIMOr BY "` 104.,,,../ F jrc%rrVC p, ltf / D/ N/ {y MY COMMISSION EXPIRESA. (NOT PUBLIC) 11" (2>•'! S (D T� OWNER'S CONSENT AS TO PARCEL 83: j -•C THE ABOVE AND FOREGOING BOUNDARY LINE ADJUSTMENT OF THE PROPERTIES OF GOVERNOR'S HILL, L, AS I S APPEARS ON THE ACCOMPANYING PLATS IS WITH THE FREE CONSENT AND IN ACCORDANCE WITH THE DESIRE' Ell• THE UNDERSIGNED OWNERS, PROPRIETORS AND TRUSTEES, IF ANY. GOVERNOR HILL. -.LC. BY: MS V LLEY INV STORS, L.L.C., MANAGING MEMBER BY: // CHARLES ffSTUARV JR., MANAGER - 9 /zO /0 7 (DATE) NOTARY PUBLIC STATE OF VIM/n''U / CITY/COUNTY OF FA6,pr//Y THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE ME ON 7 BY Cl a Kk 5 F. Etyar/ , 7-, r l- 70/ /Cd Z MY COMMISSION EXPIRES �B 1 • ' . �d:' ' " "... (NOTAR PUBLIC) .�`•�� 1N�?f.. TH O d':;,c CURVE TABLE CURVE RADIUS DELTA LENGTH TANGENT BEARING ICHORD 01 25.00 58'40'04' 25.60' 14.05' N75'57'49'W 24.49' C2 1630.00' 8'37'46" 45.50' 122.98' N50'56'40 "W 245.27' C3 25.00' 58'40'04" 25.60' 14.05' N84'35'35 "W 24.49' C4 25.00' 58'40'04" 5.60' 14.05' N84 35'35'W 24.49' CS 1630.00' 7'41'40' 218.90' 109.61' N51 '24'43 °W 218.73' C6 1630.00' 0'56'06" 6.60' 13.30' N47'05'S0'W 26.60' C7 7991.20' 2'52'05' 400.00' 200.04' 505'53'09 "W 399.96' CS 40.00' 45'06'22" 31.49' 16061' S78 35'12 "W 30.68' C9 1955.00' 5 186.39' 93.27' N76'07'44'W 186.32' C10 1300.00' 4'29'27" 101.89' 50.97' N68'08'47 "W 101.87' C11 500.00' '" 13'49 13 120.60' 60.60' S72'4B'40 'E 120.31' C12 787.00' 6'34'49" .38' 45.24' 58300'41 "E 90.34' E13 262.00' 26'10'07" 119.66' 60.89' S16 "E 118.63' C14 200.00' 16'39'54 58.17' 29.29' 500'46'25 "W 57.97' CIS 200.00' 13'19'45" 46.53' 23.37' S00'53'39 "E 46.42' C16 50.00' 45'30'05" 39.71' 20.97' S31 40 - 33 "W 38.67' C17 70750' 15'44'23" 194.36' 97.79' N78'25'S4 "W 193.75' C18 2022.511' 20'45'59" 733.04' 370.59' NBO'S6'42'W 729.03' C79 1377.50' 44 41'55" 1074.64' 566.34' N68'S8'44 "W 1047.60' C20 1697.50' 8'37'46" 255.67' 128.08' N50'S6'40 "W 255.42" P, LINE TABLE En LINE BEARING DISTANCE LINE BEARING DISTANCE L1 N70'18'36 "W 145.94 LS 507'33'32 "E 30.97' y L2 S44'56'58 "W 50.00 L6 N81'04'29 "W 1.00' 1 L3 SD7'32'34'W 1fi.57 L7 N82'40'49 W 40.67' L4 409'0622 W 83.31 LB N55 15'33'N' 64.49' Y .. 7 �, N Gt� C CORY M. HAYNES I.. Lic. No. 2539 aj31jo7 I BOUNDARY LINE ADJUSTMENT BETWEEN GOVERNORS HILL AND WNCHESTER REGIONAL AIRPORT SHAWNEE MAGISTERIAL DISTRICT FREDERICK COUNTY. VIRGINIA SCALE: AS SHOWN DATE: MARCH 28. 2006 REVISED: AUG. 31, 2007 stton Harris Rust & Asso cia I es gineers- Surveyors. Planners. Landscape Architects. T . �+ \ Eas: Piccadilly Street Winchester, Virginia 22601 Win T 540.667.2139 F 540.665.0493 SHEET 2 OF 7 O.1 -A Taal LEGEND: NEW 64—A-88 NEW 64—A-79 NEW 64 —A -87 NEW 64 —A -86 NEW 64—A-83 AREA TABULATION: 64 -A -79 \ B" E \ 79 7 NEW; 64 A -79 SHEET INDEX PARCEL A +5.3884 AC PARCEL B +9.2435 AC PARCEL C — 14.2936 AC PARCEL D +1.2934 AC PARCEL E — 0.5763 AC NET AREA 1.0554 AC ADDED TO 64 —A -79 64 -A -83 (OLD) 64 —A -83 117.5443 AC PARCEL D — 1.2934 AC (NEW) 64 —A -83 116.2509 AC 64 -A -86 (OLD) 64 —A -86 102.3888 AC PARCEL B — 9.2435 AC PARCEL C +14.2935 AC (NEW) 64 —A -86 107.4389 AC . OF t r CORY M. HAYNES Y Lic. No. 2539 8 7 GRAPHIC SCALE 0 sop +000 sops 'L.y� x •.10 ¢ STJR � ( IN FEET ) 64 -A -87 (OLD) 64 —A —B7 21.9283 AC PARCEL A — 5.3884 AC PARCEL E +0.5763 AC PARCEL F _ +0.8583 AC (NEW) 64 —A -87 17.9745 AC 64 -A -88 (OLD) 64 —A -88 37.442 AC PARCEL F — 0.8583 AC (NEW) 64 —A -88 36.5837 AC BOUNDARY LINE ADJUSTMENT BETWEEN GOVERNORS HILL AND WNCHESTER REGIONAL AIRPORT SHAWNEE MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA SCALE: 1" - 1000' DATE: MARCH 28, 2006 REVISED: AUG. 31, 2007 Patton Harris Rust & Associates Engineers. Surveyors, Planners, Landscape Architects. � 117 East Piccadilly 1 Winchester, Virginia 2260 ia 22601 � A Win T 540.667.2139 F 540.665.0493 SHEET 3 OF 7 0 CD o� NEW G� PRO TURE 64 -A -87 (OLD) 64 —A —B7 21.9283 AC PARCEL A — 5.3884 AC PARCEL E +0.5763 AC PARCEL F _ +0.8583 AC (NEW) 64 —A -87 17.9745 AC 64 -A -88 (OLD) 64 —A -88 37.442 AC PARCEL F — 0.8583 AC (NEW) 64 —A -88 36.5837 AC BOUNDARY LINE ADJUSTMENT BETWEEN GOVERNORS HILL AND WNCHESTER REGIONAL AIRPORT SHAWNEE MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA SCALE: 1" - 1000' DATE: MARCH 28, 2006 REVISED: AUG. 31, 2007 Patton Harris Rust & Associates Engineers. Surveyors, Planners, Landscape Architects. � 117 East Piccadilly 1 Winchester, Virginia 2260 ia 22601 � A Win T 540.667.2139 F 540.665.0493 SHEET 3 OF 7 CD 0 rn �.O NEW PARCEL 79 PARCEL D MATC E 1.2934 AC UN ADDED TO PARCEL 79/ / SEE SHEET 5 P Z I p 64 - r , -22. 64 -A -79 4 0 GOVERNOR'S HILL, L.L.C. ° c3 WINCHESTER REGIONAL I ~� - 0, h INST /060007880 a D AIRPORT AUTHORITY C) _ DN ZONED: R4 Q ? I DB 659, PG 175 Qom- -e /-PROPE r "5 800, PG 1693 m� NEW PARCEL 83 ZONED: RA t,,, 116.2509 AC = 50.00' I yo Q�� RTY LINE L =804 I 100 (z / HEREBY CREATED - �� m-" e\� L 5 C14 ` C7 06'E 450.01' rn� T sN562.003.'W X 50' ACCESS ESMT N� I v Pin m I 3 } L- U w n � QV n / 64 -A -82 CIO _m O OF / \ N / F K EL \ COUNTY OF j FREDERICK, VIRGINIA C11 \1 INST $070001977 1 \ ZONED: R4 USE: VACANT 22.5' N P C12 79.5' C17 NORTH ZONE F, VIRGINI \ b�1 N 64 -A -80J Z N/F CAMPFIELD LLC INS ZONED: 1M1 03 �ry���$/ \ USE: INDUSTRIAL VARIABLE WIDTH \ \ TEMPORARY /E, \ ACCESS & SMT I # LI UTILITIES E \ s UTI TIES E \ O. \ 64 -A- 800 7 \/A \ / N/F 3 �� / BLUE RIDGE INDUSTRIES 0B 797, PG 1122 ZONED: M1 / USE INDUSTRIAL BOUNDARY LINE ADJUSTMENT 1,TH O BETWEEN �A F GOVERNORS HILL AND WINCHESTER REGIONAL AIRPORT -G . 2 SHAWNEE MAGISTERIAL DISTRICT U CORY M. HAYNES 9 FREDERICK COUNTY, VIRGINIA f Lic. No. 2539 SCALE: 1' = 200' DATE: MARCH 28, 2006 REVISED: AUG, 31, 2007 8 31I�7 Patton Harris Rust & Associates GRAPHIC SCALE LR�4 Engineers. Surveyors. Planners. Landscape Architects, o too 200 cos S(Jg, ��'7� /� 117 East Piccadilly Street �� \ Winchester, Virginia 22601 >n IN Feet) T 540.667.2139 1 ch = 200 ft F 540.655.0 SHEET 4 OF d (E) PHR +A 2007 CD _ I 0 a3 NP�� 1oHE NOR SH NRO \H \P 64 -A -79 WINCHESTER REGIONAL AIRPORT AUTHORITY DB 659, PG 175 DB 800, PG 1693 ZONED: RA NEW PARCEL 79 3 n a = ro / ��' s m UU� v Q� U�r.� Q N O Qati o Q p Ro NFRFeY �R < /ryF < >. F'grF� plyo h'£RFeYR ACA/ FD MATCH LINE — SEE SHEET 6 a W} ry0 � o = Q / 0 27 95'ti I a� ' o "z ':-)o, I / NEW PARCEL 86 / 107.4389 AC 22 5 . 22 I ERS V 6 CARP � ERS VALLEY DEVELOPMENT, L.L.C. WWI I I INST //060003761 I I ZONED: R4 II w>-II ow I Of I I I c1s I I � J Npg'17� E - L. C. U PHR +A 2007 BOUNDARY LINE ADJUSTMENT BETWEEN $ Ay'TH of GOVERNORS HILL °$ Gr CG' AND AIRPORT a WNCHESTER REGIONAL U CORY M. HAYNES 9 SHAWNEE MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA LIO. No. 2539 SCALE: i" = 200' DATE: MARCH 28, 2005 REVISED: AUG. 31, 2007 8131fo Patton Harris Rust & Associates GRAPHIC SCALE o too zoo I 111.{ °4 mo `ry ��jp •' Engineers. Surveyors. Planners. Landscape Architects. T East Piccadilly Street Win BS gJ !Y + Winchester. Virginia 22601 ( IN FEET) T 540.657.2139 H 1 ;non = zoo n. F 540.665.0493 SHEET 5 OF U PHR +A 2007 CD CD J NPO� VIRGIN \P N ZH ZONE c / a / c� / CIO 3 UQ- e ,N, cod' h1 ° J h 64 —A -79 WINCHESTER REGIONAL ,=a AIRPORT AUTHORITY / y a y DB 659, PG 175 e DB 800, PG 1693 / ZONED: RA a / o NEW PARCEL 79 ha / / / / / / PARCEL A / 5.3884 AC ADDED TO PARCEL 79 z I ~ � U HEREB ��R LIN ti > W 07UU � Q y" 'X 4 ° m U a Of I 'e- c' h h mo m 2 ^ w \ 0 Q rn 6> ^ 64 —A -87 GRAPHIC SCALE ( IN FEET ) 1 inch = 200 ft. HMO !!! f oy r.. ° o 2 cw / a,g TH CORY M. HAYNES Lic. No. 2539 8[31 107 �^C20 ZONED: R4 / S25 NEW PARCEL 87 I 25>`'W 17.9745 AC O6 07 W 109 6.99 64 -A -86 Q ° c�t CARPERS VALLEY v: DEVELOPMENT, L.L.C. INST #060003761 !M n. ZONED: R4 NEW PARCEL 86 107.4389 AC BOUNDARY LINE ADJUSTMENT 3ETWEEN GOVERNORS HILL AND WINCHESTER REGIONAL AIRPORT SHAWNEE MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA SCALE: 1" = 200' DATE: MARCH 28, 2006 REVISED: AUG. 31. 2007 Patton Harris Rust 8 Associates Engin eers. Surveyors. Planners. Landscape Architects. 117 P � Win East Piccadilly Street Winchester, Vrginia 22607 T 540.667.2139 F 540.665.0493 SHEET 6 OF 7 r` qy�m l7 m WOO2 2 Q y" 'X 4 Q o� tirrn�/ AD ey 2 h h mo �Q 2 ^ M to U \ h N _ ry 1098 9= rn 6> ^ 64 —A -87 L8 CARPERS VALLEY DEVELOPMENT, L.L.C. z?s 22 .5 : INST #070009451 (BLA) HMO !!! f oy r.. ° o 2 cw / a,g TH CORY M. HAYNES Lic. No. 2539 8[31 107 �^C20 ZONED: R4 / S25 NEW PARCEL 87 I 25>`'W 17.9745 AC O6 07 W 109 6.99 64 -A -86 Q ° c�t CARPERS VALLEY v: DEVELOPMENT, L.L.C. INST #060003761 !M n. ZONED: R4 NEW PARCEL 86 107.4389 AC BOUNDARY LINE ADJUSTMENT 3ETWEEN GOVERNORS HILL AND WINCHESTER REGIONAL AIRPORT SHAWNEE MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA SCALE: 1" = 200' DATE: MARCH 28, 2006 REVISED: AUG. 31. 2007 Patton Harris Rust 8 Associates Engin eers. Surveyors. Planners. Landscape Architects. 117 P � Win East Piccadilly Street Winchester, Vrginia 22607 T 540.667.2139 F 540.665.0493 SHEET 6 OF 7 NEW PARCEL 88 36.5837 AC 64 —A -88 WINCHESTER REGIONAL AIRPORT AUTHORITY DB 423, PG 30 DB 800, PG 1693 ZONED: RA PROPERTY LINES HEREBY CREATED S FF A- 40)- 2 Y H FRFe yR j� �q FO �Ac ,, PARCEL E 0.5763 AC ADDED TO PARCEL 87 NRG1N \P N � Z ONE / c 0 64 -3 N KAREN B •� BARREIT- PERRY, et DI INST #040009854 / O ZONED: 82 N USE VACANT h � PARCEL F 0.8583 AC ADDED TO PARCEL 87 PROPOSED FUTURE COVERSTONE DRIVE \ 'YC GSF tiF Q p pCC 80? (y R /�,� A 2} s e G,o 64-A-89B X0 2 HOC C� N/F A p C NF PRI GROUP, L.C. ICK \ss GROUP, L.C. DB 8 ZONED: 2 USE: OFFICE NOTE: EXISTING ESMTS RECORDED IN V INST 1060006044 ) AC /s6\8s l t / y Ate, & I I DETAIL SCALE: 1" = 100' GRAPHIC SCALE 0 Im 2W 400 ( IN FEET ) I inch = 200 ft ,TH OF -11 — CORY M. HAYNES Lic. No. 2539 8l3llo7 BOUNDARY LINE ADJUSTMENT BETWEEN GOVERNORS HILL AND WINCHESTER REGIONAL AIRPORT SHAWNEE MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA SCALE: 1' = 200' DATE: MARCH 28, 2006 REVISED: AUG. 31, 2007 Patton Harris Rust & Associates Engineers, Surveyors. Planners. Landscape Architects. East Piccadilly Str c Winchester, Virginio 22601 ° Winchester, �J� 1 !J i l T 540.667.2139 % l F 540.665.0493 SHEET 7 OF ] a PHR +A 0 0 C-) VIC2P, NIk rREnrRTCKCOU This instrument of writing was produced to me OR — 42 at 1� : and w1h certificate ckrm Icd_emmnt thereto annexed was admitted to record. i ax imposed by Sec. 58.1 -802 of $ 4& and 5S.I -801 havc been paid, if assessable / � /) J , Clerk portion of tax map parcel 64 (A) 39 and consisting of 2.0168 acres, as ftirther shown on that certain plat and survey by Leon E. Treutle, dated November S. 1999, entitled "Plat of Survey of Avigation Easement to be Acquired by the Winchester Regional Airport From Wilsen Property L.L.C., Shawnee Magisterial District, Frederick County, Virginia ", a copy of such plat being attached hereto as Exhibit A (hereinafter the "Property "): The above conveyances are made subject to all easements, covenants, restrictions, agreements and conditions of record and legally applicable to the Property. The Grantor does hereby reserve, and the Property is hereby conveyed subject to. an temporary access easement for ingress and egress to and from Remaining Parcel and Airport P,,ared n. Sand: Andcnon Marls & Miller 801 E. Main Street- Suite 14M P D. Box 1998 Richmond. VA 23218 (8W) 648 -1636 • 0 6K951 PUG Ia TRANSACTION EXEbIPT FROM RECORDATION TAXES PURSUANT TO VIRGINIA CODE SECTION 58.1- 8.IIA.3. OF THE CODE OF VIRGINIA, 1950, AS AMENDED V THIS DEED made this 1 L t _ day of November, 1999, by and among �t WILSON PROPERTY, LLC (the "Grantor'). and WINCHESTER REGIONAL AIRPORT AUTHORITY (the "Grantee "); 3 WITNESSETH: That for and in consideration of the sum of Ten Dollars (810.00) cash in hand paid and sa sa R other good and valuable consideration, the receipt of which is hereby acknowledged by the Grantor, the Grantor does hereby grant, bargain, sell and convey unto the Grantee, subject to such [natters as are hereinafter set forth, with General Warranty and English Covenants of Title, 1)� the following described real estate located in the Shawnee Magisterial District, Frederick County, Virginia, fronting on the southwestern boundary line of Virginia Route 646, being a portion of tax map parcel 64 (A) 39 and consisting of 2.0168 acres, as ftirther shown on that certain plat and survey by Leon E. Treutle, dated November S. 1999, entitled "Plat of Survey of Avigation Easement to be Acquired by the Winchester Regional Airport From Wilsen Property L.L.C., Shawnee Magisterial District, Frederick County, Virginia ", a copy of such plat being attached hereto as Exhibit A (hereinafter the "Property "): The above conveyances are made subject to all easements, covenants, restrictions, agreements and conditions of record and legally applicable to the Property. The Grantor does hereby reserve, and the Property is hereby conveyed subject to. an temporary access easement for ingress and egress to and from Remaining Parcel and Airport P,,ared n. Sand: Andcnon Marls & Miller 801 E. Main Street- Suite 14M P D. Box 1998 Richmond. VA 23218 (8W) 648 -1636 Gla21 Drive over and across the Property (the "Temporary Easement''). The Grantee shall have the right to determine the location of the Temporary Easement and to move such location from-time to time in its sole discretion (to be located to the south of its current location). Upon relocation of Airport Road. the Temporary Easement shall be extinguished; provided however. that if the Remaining Parcel does not abut a public street. the Grantee does hereby grant a permanent easement to the Grantor for ingress and egress to and from the Remaining Parcel and Airport Drive (as relocated) over and across the Property in a location to be determined by the Grantee in its sole discretion (the "Permanent Easement'). The Permanent Easement shall have a width equal to the lesser of fifty (50) feet or the minimum width required by applicable zoning regulations. The Grantee shall have no duty to build, maintain or pay any cost or expenses in connection with the Temporary Easement or the Permanent Easement or its use by the Grantor, except for the construction costs of the curb cut in Airport Road (as relocated). The Grantor also hereby reserves. and the Property is conveyed subject to, an easement benefiting the Grantor and/or the Frederick County Sanitation Authority, as the case may be, for the extension of water and sewer facilities to the northern boundary line of the Remaining Parcel (the "Water and Sewer Extension Easement"). The Water and Sewer Extension Easement shall have the standard width required for such easements, and shall be located as determined by the Frederick Countv Sanitation Authority. The Grantor shall bear no cost relating to the Water and Sewer Extension Easement. WITNESS the following signatures and seals. • ru 1 2 2 WILSON OPERTY, LLB. By �olJ -- ° - (SEAL) Title: COMMONWEALTH OF VIRGINIA CITY /COUNTY OF 1 � • cK I to -wit: The foregoing instrument \vas acknowledged before me this � day of November. 1999. by S . (� /i ;rn I, • 16 t , as {if wt gq&PT of Wilson Propert), LLC. My Commission expires: Grantee's Address: n �! rC �` 3 i Notary Public Winchester Regional Airport Authority 491 Airport Road Winchester, Virginia 22602 BliS511 1.9.23• LINE TA6tE PC NUMBER DIRECTION DISTANCE 1 N 46'4Q'40 _ W 1.1 ' 1 y LEON E. TREUTLE > I LJ N 34'16'55' E 1 109.81' i p \ v . n 0 T OF SURVEY OF ° c 3 �� of � bI PP J. 0 = R0 SET WINCHESTER REGIONAL 4 . TIREE REPOR T £ CORP"TED J REPRESENMG AIRPORT PARCEL A WILSON PROPERTY L.L.C. D.B. 948 PG. 183 ZONED MI CURVE TABLE NUMBER RADIUS ARC CT 7068.00' 142.05' C2 1068.00 I O 1.82' CJ 1932.00 118. (` I, M L7 W Q METAL sr+ED PAR �L 13 WILSON PROPERLY L. L.C�i O.B. ZOg I i 83 =.5. W LEON W. LARGENT "' C2 D.B. 508 PC. 280 Z ZONED RA SECO PARCEL Al 3 PARE l 61 CJ WILSON PROPERTY L.L.C. h WILSON P bPERTY L.L.C. D.B. 948 PC. 183 e a D.B. 94� I°C. 183 AC LJ AREA = 1.2895 AC. ,.;� `A AREA - 0.7263 . 56.173 SO. FT. 31,6 6 S0. FT. , h ZONED MI ZO �D M1 BENT ROD FOUND nro 256.73' I.P.S. 2 2. 8' ' (USED FOR LINE) sEE NOTE 66 C E.N '2833� E�69 _ _ 3350' AIRPORT ROAD / VIRGINIA NDARY ROUTE 645 (VARIABLE RD OUN EXHIBIT A_ O U w W W a� ° � b0 W m L n m t_ 4 Q LOT 1 POWER Pot EL TO CESSNA OR NOLESr I. THIS PUT 15 THE RESULT OF A nELO SURVEY CONDUCTED BY ANDERSON k ASSO CATCS T OF SURVEY OF IN JUNE AND JULY 1996. AVIC4TION EASEMENT 1. THE PROPERTY TO BE ACQUIRED BY ME WINCH= REGIONAL AIRPORT DOES NOT a TO BE ACQUIRED BY THE IN A 100 YEAR fLOW ZONE AS SHOWN ON nRM MAP COMMUNITY PANEL ) 510063 0115 B J. 0 = R0 SET WINCHESTER REGIONAL 4 . TIREE REPOR T £ CORP"TED J REPRESENMG AIRPORT PC. N5, PREPARE BY TIM I LAWYERS 111117 INSURANCE CORPORATION, RICHMOND, VIRGINLI FROM WILSON PROPERTY LLC. 5. THIS PROPERIY WY BE SUBJECT TO EASEMENTS OR RIGHTS OF WAY COHVMO TO: (A) THE NORINERI VIRGINM POWER COMPANY RECORDED IN D.B. 167 PG. 100, D.B. 177 PG. SHAWNEE MAGISTERIAL DISTRICT 555, D.B. 164 PG. 144, AND D.B. 213 PC. 369. AND (B) THE IOTOWC EDISON COMPANY IN FREDERICK COUNTY, VIRGINIA D.B. 669 PG. 195 100 50 0 100 6. RICJB OF W.AY DEDICATED TO LHE COUMONWTAL IN OF WOPIM W 0 . 567 PG. 58 7. PROPERTY ADDRESS 656 AIRPORT R0. WINCHESTER, Vmmm SCALE IN FEET REVISED DATE.- 70 OCT 99 QOQQ ANDERSON En,�,n e°„a y DRAWN SCALE DATE DOCUMENT N0. AND s„neY,., „ „,',,;' MJE 1 "= 100' S SEPT 9 13281 -0p2 ASSOCIATES, Inc. Planden r.: -cd. ra VIRGINIA: MEOERICK COUNTY, SGT. This Instrument of wlllnp Wes prod aced 1 me an the . . day of /✓O (/ ,, ;E 1�'uan End v :I:cc:c - :.cko:c::cCaacat :bcrc:= con =nd edmiped la record. Tea Imposed by Sec. 58.1-602 of �,, add 56.1801 have been paid. II assessable. 4 , Clark - • • LfrcDicj(- C THIS AGREEMENT, made this 26th day of May, 1987, by and between C. DOUGLAS ADAMS and FERN L. ADAMS, husband and wife, hereinafter referred to as Sellers, and the CITY OF WINCHESTER, a Virginia Municipal Corporation hereinafter referred to as Buyer, WITNESSETH: WHEREAS, the Sellers hereby agree to sell and the Buyer hereby agrees to buy the hereinafter described real estate upon the terms and conditions set forth herein; NOW, THEREFORE, in consideration of the premises and the mutual covenants contained herein, the parties agree as follows: (1) The Sellers agree to sell and the Buyer agrees to buy the foilcwing describe-' real estate, described -s a lot or parcel of land as located in the Shawnee Magis- terial District, Frederick County, Virginia in the joining Bufflick Road, State Route 645, described as follows: Beginning in the south right -of -way line of Bufflick Road, State Route 645 at a point approximately 30 feet northwest of the intersection of said road and a gas pipeline; thence with said south right -of- way line of Bufflick Road S 49" 50' 58" E 488.82 feet; thence continuing with said road in a curve, radius of 429.23 feet, bearing change 27 21" 49 ", arc 204.99 feet; thence continuing with said road S 22" 29" 09" E 1,760.68 feet to a point in said south right -of -way line; thence through the lands of Adams N 43 08' 24" W 2,263.56 feet to a point in the Adams land; thence N 39" 59" 05" E 592.84 feet to the point of the beginning, con- taining 21.1113 acres, and as shown on a nlat hereto and made a part hereof entitled "PLAT SHOWING 21.1113 ACRES STANDING IN THE NAME OF C. DOUGLAS AND FERN L. ADAMS," dated January 28, 1987. (2) The purchase price for the real estate is $148,000, which will be paid to the Sellers as follows: (A) A One Thousand Dollars ($1,000) deposit paid upon the execution of this contract. • 1 , D b -L C- cn J -I O >z z � G t > CL n � N C n 7 z o r L 4. c' z m L C m r c n i� I I � i J �T i 1 \ i • • corner radius at the transition road's terminal point with present Bufflick Road and the new road. (12) Seller and Buyer agree to cooperate on providing public sewer and water to serve their properties, to include providing necessary easements and sharing, on a basis to be determined, the costs of providing said utilities. Seller shall not be responsible for the $400 per acre cost for sewer to Frederick County as to subject property. (13) Seller reserves the right at its option to remove all or part of the standing timber on the tract prior to development of the site. (14) This contract is binding on the successors, assigns, and personal representatives of the parties. (15) Seller shall have a sufficient easement to tap into gas line which runs along northwesterly bownjary cf subject property. Witness, the following signatures and seals: z _.. SEAL) , fug as Ada ms Seller %J3 !C�A "� ry.! (SEAL �.__ Fern L. Adam_q.,_- Seller CITY OF WINCHESTER �f ) By ' t- C z 6 (SEAL) Edwin C. Daley, y Manager -4- Bufflick Road to the southwest side of the property hereby conveved, and to take all reasonable steps necessary to achieve the relocation of said road to the land dedicated by the Sellers to the Commonwealth. Sellers further agree to provide any necessary assistance to the Buyer in achieving the abandonment of so much of existing Bufflick Road as is located between the property hereby conveyed and the remain- ing properties of the City. (8) The Buyer agrees that Sellers may keep and maintain the Pegasus statue and Upper Valley Business Park sign where they are currently located until the property upon which said statue and sign are needed by the Buyer or by Winchester Regional Airport Authority for the development of the property hereby conveyed. (9) This contract is contingent upon approval by the Commonwealth Transportation Board, within 30 days of the signing of this Agreement, of the relocation of Bufflick Road through Seller's remaining property to Route 522. Seller has already and does hereby agree to dedicate the necessary right -of -way to the Commonwealth of Virginia for the relocated road. (10) Buyer agrees that within two years it will break ground for the relocation of a terminal building on the property, having one face toward the new road. Should Buyer not do so, or not complete said terminal within a reasonable period of time thereafter, it will reconvey the property to Seiler at no expense to the Seller, other than the repayment of $148,000.00 to Buyer by Seller. This reconveyance shall be subject to Federal Aviation Administration approval. (11) Seller agrees to dedicate a 50 foot right -of -way for a transition road from present Bufflick Road to the new road adjacent to northwesterly line of subject property. The Buyer agrees to dedicate sufficient road for the turning -3- 0 0 (B) One Hundred Forty -Seven Thousand Dollars ($147,000) shall be paid at the time of the closing. (3) The parties agree to cooperate together to obtain necessary subdivision, zoning, and other regulatory approval for the sale of the property. (4) Delivery of the deed, the balance of the purchase price, and the possession of the property shall take place within 60 days of the obtention of subdivision and other regulatory approvals necessary for the sale of the property, and the contingencies contained in this agreement. (5) Buyer shall have the right to have the title to the above - described real estate examined at his own expense. If any defect in title is found which will prevent the title from being marketable and /or insurable, and such defect is not cured by Sellers within ninety (90) days after written notice from Buyer or Buyer's attorney, Buyer shall thereupon have the right to void this contract and have the deposit immediately returned to the Buyer. Sellers agree to convey to Buyer the subject real estate by a good and sufficient deed with General Warranty and English Covenants of Title, prepared at Sellers' expense, with the Sellers paying the State transfer tax, Upon written notification to the Sellers by the Buyer, the Sellers agree to deliver a deed to Winchester Regional Airport Authority, as assignee of Buyer's rights hereunder. (6) All risk of loss shall remain on the Sellers until the date of closing. Real estate taxes shall be pro- rated as between the Sellers and the Buyer as of the closing date. (7) Whereas the property conveyed by this agreement is separated from the remaining properties of the City of Winchester at the Winchester Regional Airport by existing Bufflick Road, Sellers agree to dedicate land to the Commonwealth of Virginia necessary for the relocation of -2- • • �i500 i0CS4 C QJ Map Parcel No.: 64 -A -74 C U TRANSACTION EXEMPT FROM RECORDATION TAXES PURSUANT TO VIRGINIA CODE SECTION 58.1 - 8.114.3. OF THE CODE OF VIRGINI4,1950, AS AMENDED THIS DEED made this day of Getab r, 2005, by and among NINA V. RICE (the "Grantor "), and WINCHESTER REGIONAL AIRPORT AUTHORITY (the "Grantee "); WITNESSETH: That for and in consideration of the sum of Ten Dollars ($10.00) cash in hand paid and other good and valuable consideration, the receipt of which is hereby acknowledged by the Grantor, the Grantor does hereby grant, bargain, sell and convey unto the Grantee, subject to such matters as are hereinafter set forth, with General Warranty and English Covenants of Title, O the following described real estate 0 0 O (r> FOR DESCRIPTION OF REAL ESTATE CONVEYED SEE SCHEDULE "A" r ATTACHED HERETO AND MADE A PART HEREOF. O X 6 The above conveyances are made subject to all easements, covenants, restrictions, +J agreements and conditions of record and legally applicable to the Property. V) r o The Grantor does hereby reserve, and the Property is hereby conveyed subject to, a J temporary access easement for ingress and egress to and from Remaining Parcel and Airport Drive over and across the Property (the "Temporary Easement "). The Grantee shall have the right to determine the location of the Temporary Easement and to move such location from time Prepared by: Sands Anderson Maiks & Miller 801 E. Main Street, Suite 1400 P.O. Box 1998 Richmond, VA 23218 (804) 648 -1636 0 9 0 to time in its sole discretion. Upon relocation of Airport Road, the Temporary Easement shall extinguished; provided however, that if there is no other access from a public street to the Remaining Parcel, the Grantee shall grant a permanent easement to the Grantor from Airport Road (as relocated) to the Remaining Parcel over and across the Property for ingress and egress in a location to be determined by the Grantee in its sole discretion (the "Permanent Easement'). The Grantee shall cooperate with the Grantor in locating the access easements described above. The Grantee shall have no duty to build, maintain or pay any cost or expenses in connection with the Temporary Easement or the Permanent Easement or its use by the Grantor. The Grantor also hereby reserves, and the Property is conveyed subject to, an easement benefiting the Frederick County Sanitation Authority for the extension of water and sewer facilities to the northern boundary line of the Remaining Parcel (the "Water and Sewer Extension "). The Water and Sewer Extension Easement shall have the standard width required for such easements, and shall be located as determined by the Frederick County Sanitation Authority. The Grantor shall bear no cost relating to the Water and Sewer Extension Easement. WITNESS the following signature and seal. .�ats�� Y Nina V. Rice COMMONWEALTH OF VIRGINIA CITY /COUNTY OF �& aj /4� , to -wit: 0 The foregoing instrument was acknowledged before me this 2005, by Nina V. Rice. My Commission expires: c� 0 ,Je6e�b.t I Co day of 9eteber, / 1(flll�m � • /'X .u��� Notary Public Grantee's Address: Winchester Regional Airport Authority 491 Airport Road Winchester, Virginia 22602 0 0 Co 0 o SCHEDULE "A" ALL OF THAT certain lot or parcel of land situate on the north side of Buffalo Lick Road about 2 % miles southeast of Winchester, Virginia, in Shawnee Magisterial District, Frederick County, Virginia, and more particularly described as follows: Beginning at the southeast corner of the said Hattie L. Braithwaite corner to Claude Smalls property, running thence with the Buffalo Lick Road, north 53 %2 degrees west 72 feet to a corner to the Hattie L. Braithwaite other land; thence with the Hattie L. Braithwaite land west 31 %2 degrees east 100 feet to a corner of the Braithwaite land; thence south 53 '/2 degrees east 72 feet to the Smalls land; thence with the Smalls land south 31 %2 degrees west 100 feet to the point of beginning, and bounded more particularly on the east by a road upon the Smalls land which is described in a plat attached to and recorded with a Deed from C. E. Alt and Daisy M. Alt, his wife to Hattie L. Braithwaite, dated March 25, 1944, and of record in the Clerk's Office of the Circuit Court of Frederick County, Virginia, in Deed Book 189, at Page 141. AND BEING the same property conveyed to Raymond R. Rice and Nina V. Rice, his wife, by Deed from J. Erven Bolen and Charlotte B. Bolen, his wife, dated December 30, 1961, and recorded in the aforesaid Clerk's Office in Deed Book 276, at Page 18. The said Raymond R. Rice died January 5, 1981 and by operation of law the property passed in fee simple to Nina V. Rice. VIRUINIA: FREDERICK COUNTY. SCT. - ibis instrument of writing was produced to me on a t and with cc! tificatc of acknowledgement thereto annexed was admitted to record. T imposed by Sec. 55.1 -802 of g ��� , and 58..1 -8801 have been paid, if assessable 4 %ec ��/7v , Clerk {( $p: k\ Ad \\ 0 j, -J \ E :- 5 ƒ)& /5! (j\ z§ §£22 § §2§ § (§ƒ \ n | : y / \�| ■�� sn eeee wea weeec;.�. u> .& ;® / . /} 2|\ yE'/ §k ( } si 2 /g /Em \ ��{ /§ §� 2$ /cc 3; �r oa 2 &§ 0: 2% \; &# :- 5 ƒ)& /5! (j\ z§ §£22 § §2§ § (§ƒ \ n | : y / \�| ■�� sn eeee wea weeec;.�. u> ;® / . /} 2|\ yE'/ ! § 7 `5: - f 3 2 / \ ��{ ---I 0 0 PT IT M T )EH 7CCCTPT j A C Cc, Ll Ll T 1 0 � Q r f R il, 7 A q (i i 61 pUrT r ... --------- IFT: ( MHUERI liPF HE: Typ E M ER, PAYHP T- Hil PAY-11, T K � N. T �700 1 1 FPS-: �j PECORDE: AT 1 HUTH.: WIHC,4EQ--P ATRPNRT ANJT�rlz —t- .—ZU - - -12. �,: F. !Pic: pul "ANTH: Cal'TER ULLE L v PEVEIiIPKNT L! F FCT: in['% R ' OF L. RAN DEE 5�� DIST w6H�: / a te I R x a z IMP: 3Nf r I (kA T 3,5 y 7 .1� H � P L -ri.A CD 0 070015617 THIS DEED OF BOUNDARY LINE ADJUSTMENT, made and dated this 21" day of September, 2007, by and between WINCHESTER REGIONAL AIRPORT AUTHORITY ( "KOKV "), CARPER'S VALLEY DEVELOPMENT. L.L.C. a Virginia limited liability company ( "Carpers Valley "), GOVERNORS HILL. L.L.C. a Virginia limited liability company ( "Governors Hill "), VIRGINIA DEPARTMENT OF TRANSPORTATION for indexing purposes only ( "VDOT "), and THE COUNTY OF FREDERICK VIRGINIA for indexing purposes only (the "County"). RECITALS: A. KOKV is Nested with fee simple title to that certain tract of land, containing 228.00 acres, more or less (according to County of Frederick, Virginia tax records), situate southwest of Millwood Pike (Route 50/17) in Shawnee Magisterial District, Frederick County, Virginia, Tax Map No. 64 -A -79 ( "KOKV Parcel #1 "). B. KDKV is vested with fee simple title to that certain tract of land Michael L. Bryan 9 Court Square 2n ' Floor Winchester, VA containing 37.442 acres, more or less, situate southwest of Millwood Pike (Route 50/17) in Shawnee Magisterial District, Frederick County, Virginia, Tax Map No. 64 -A -88 ( "KOKV Parcel #2 "). C. Carper's Valley is vested with fee simple title to that certain tract of land containing 102.3888 acres, more or less, situate on the southwest side of Millwood Pike (Route 50/17) in Shawnee Magisterial District, Frederick County, Virginia, Tax Map No. 64 -A -86 ( "Carper's Valley Parcel #1 "). D. Carper's Valley is also vested with fee simple title to that certain tract of land containing 21.9283 acres, more or less, situate west of Millwood Pike (Route 50/17) in Shawnee Magisterial District, Frederick County, Virginia, Tax Map No. 64 -A -87 ( "Carper's Valley Parcel #2 "). E. Governors Hill is vested with fee simple title to that certain tract of land containing 117.5443 acres, more or less, situate on the west side of Millwood Pike (Route 50/17) in Shawnee Magisterial District, Frederick County, Virginia, Tax Map No. 64 -A -83 ( "Governors Hill Parcel "). F. KOKV, Carper's Valley and Governors Hill have agreed to adjust the boundaries of KOKV Parcel #1, KOKV Parcel #2, Carper's Valley Parcel #1, Carper's Valley Parcel #2 and the Governors Hill Parcel so as to add 1.0554 acres, more or less, to -1- 0 0 0 0 al Q KOKV Parcel 41, to subtract 0.8583 acres, more or less, from KOKV Parcel #2, to create "New Parcel 86" containing 107.4389 acres, more or less, "New Parcel 87" containing 17.9745 acres, more or less, and "New Parcel 83" containing 116.2509 acres, more or less, as more particularly described by that certain plat titled "Boundary Line Adjustment Between Governors Hill and Winchester Regional Airport" dated March 28, 2006, revised through August 31, 2007, drawn by Cory M. Haynes, L.S. (the "BLA Plat "), a copy of which is attached hereto and incorporated herein by reference as if set out in full, as more fully set forth hereinafter. Reference is further made to Sheet 3 of 7 of the BLA Plat as to the additions /subtractions from the aforementioned KOKV Parcel #1, KOKV Parcel #2, Carper's Valley Parcel 41, Carper's Valley Parcel #2 and the Governors Hill Parcel as referenced in this Deed of Boundary Line Adjustment. G. The County is vested with fee simple title to that certain tract or parcel of land containing 10.1321 acres, more or less, situate southwest of Millwood Pike (Route 50/17) in Shawnee Magisterial District, Frederick County, Virginia, designated as "New Parcel 82" on that certain plat titled `Boundary Line Adjustment Governors Hill Between Parcel 82 & Parcel 83" dated May 3, 2006, revised January 17, 2007, drawn by Cory M. Haynes, L.S., which plat is attached to and made a part of that certain Deed of Boundary Line Adjustment dated January 24, 2007, of record in the aforesaid Clerk's Office as Instrument No. 070001976, and being the same lands acquired by the County by that certain Deed of Gift dated January 24, 2007, of record in the aforesaid Clerk's Office as histrument No. 070001977, Tax Map No. 64 -A -82 (the "County Parcel "). NOW, TIIEREPORE, WITNESSETH: That for and in consideration of the premises conveyed, and other good and valuable considered deemed adequate at law, the receipt and sufficiency of which is hereby acknowledged, the parties do agree as follows: Recitals: The Recitals are incorporated herein and made a material part hereof as if set out in full. 2. Conveyances: Carper's Valley hereby grants and conveys unto KOKV, in fee Wichael L. Bryaa 9 Court Square 2" Floor Winchester, VA simple, with special warranty of title, all of that certain lot or parcel of land, together with all improvements thereon, and all rights, rights of way and appurtenances thereunto belonging, containing 234,719 square feet/5.3884 acres, more or less ( "Parcel A "), which -2- 0 0 lot or parcel of land is more particularly described on the attached BLA Plat. KOKV hereby merges and incorporates Parcel A into the existing KOKV Parcel #1. ii. Carper's Valley hereby grants and conveys unto KOKV, in fee simple, with special warranty of title, all of that certain lot or parcel of land, together with all improvements thereon, and all rights, rights of way and appurtenances thereunto belonging, containing 402,647 square feet/9.2435 acres, more or less ( "Parcel B "), which lot or parcel of land is more particularly described on the attached BLA Plat. KOKV hereby merges and incorporates Parcel B into the existing KOKV Parcel #1. iii. KOKV hereby grants and conveys unto Carper's Valley, in fee simple, with special warranty of title, all of that certain lot or parcel of land, together with all improvements thereon, and all rights, rights of way and appurtenances thereunto belonging, containing 622,629 square feet/14.2936 acres, more or less ( "Parcel C "), which lot or parcel of land is more particularly described on the attached BLA Plat. Carper's Valley hereby merges and incorporates Parcel C into the existing Carper's Valley Parcel #1. iv. Governors Hill hereby grants and conveys auto KOKV, in fee simple, with special warranty of title, all of that certain lot or parcel of land, together with all improvements thereon, and all rights, rights of way and appurtenances thereunto belonging, containing 56,341 square feet/1.2934 acres, more or less ( "Parcel D "), which lot or parcel of land is more particularly described on the attached BLA Plat. KOKV hereby merges and incorporates Parcel D into the existing KOKV Parcel #1. KOKV hereby grants and conveys unto Carper's Valley, in fee Michael L. Bryan 9 Cowl Square 2"' Floor Winchester, VA simple, with special warranty of title, all of that certain lot or parcel of land, together with all improvements thereon, and all rights, rights of way and appurtenances thereunto belonging, containing 25,104 square feet/0.5763 acres, more or less ( "Parcel E "), which lot or parcel of land is more particularly described on the attached BLA Plat. Carper's Valley hereby merges and incorporates Parcel E into the existing Carper's Valley Parcel #2. vi. KOKV hereby grants and conveys unto Carper's Valley, in fee simple, with special warranty of title, all of that certain lot or parcel of land, together with all improvements thereon, and all rights, rights of way and appurtenances thereunto -3- 0 CD CO m N belonging, containing 37,388 square feet/0.8583 acres, more or less ( "Parcel F "), which lot or parcel of land is more particularly described on the attached BLA Plat. Carper's Valley hereby merges and incorporates Parcel F into the existing Carper's Valley Parcel #2. 3. Confirmation of Boundaries: KOKV hereby ratifies and confirms boundaries of KOKV Parcel #1, whereby 1.0554 net acres, more or less, is added to the existing KOKV Parcel #1. ii. Governors Hill hereby ratifies and confirms the boundaries of the Governors Hill Parcel, containing 116.2509 acres, more or less, being more particularly described as "New Parcel 83" on the attached BLA Plat. iii. Carper's Valley hereby ratifies and confirms the boundaries of Carper's Valley Parcel #1, containing 107.4389 acres, more or less, being more particularly described as "New Parcel 86" on the attached BLA Plat. iv. Carper's Valley hereby ratifies and confirms the boundaries of Carper's Valley Parcel #2, containing 17.9745 acres, more or less, being more particularly described as "New Parcel 87" on the attached BLA Plat. V. KOKV hereby ratifies and confirms the boundaries of KOKV Parcel 42, containing 36.5837 acres, more or less, being more particularly described as "New Parcel 88 ". 4. Supplemental Drainage Easement: KOKV and Carper's Valley hereby grant and convey unto VDOT that certain permanent, appurtenant and perpetual drainage easement, 50' in width, being more particularly described as "50' Drainage Esmt Hereby Created" on the attached BLA Plat, together with the reasonable right of access thereto for purposes of maintenance and repair of said drainage easement. 5. Access Easements: Carper's Valley and Govemors Hill hereby grant and convey unto Michael L. Bryan 9 Covri Square 2n ° Floor Winchester, VA the County and unto KOKV, and their respective successors and assigns, that certain non - exclusive variable width ingress /egress access and utilities easement over a portion of the Governors Hill Parcel, Carper's Valley Parcel #1 and Carper's Valley Parcel #2 (the "Access Easement') for purposes of ingress /egress, access and the installation, construction, repair, maintenance, reconstruction and/or removal of electric, gas, cable, -4- • CD C-) telecommunication, water, sewer and other utility lines for the benefit of the County Parcel, KOKV Parcel 41 and KOKV Parcel 42. The Access Easement is more particularly described as "Variable Width Temporary UE, Access & Utilities Esmt" and "45' Temporary YE, Access & Utilities Esmt" on the attached BLA Plat. The Access Easement shall become null and void at such time as construction of a public road for public street purposes is completed and accepted for maintenance by the Virginia Department of Transportation providing ingress /egress to the County Parcel, KOKV Parcel 91 and KOKV Pace] #2 from Prince Frederick Drive or U.S. Route 50/17 (Millwood Pike); otherwise, the Access Easement shall in all respects be deemed permanent, appurtenant and perpetual, and shall run with the title to the Governors Hill Parcel, Carper's Valley Parcel #1 and Carper's Valley Parcel #2 for the benefit of the County Parcel, KOKV Parcel #1 and KOKV Parcel #2. ii. Governors fIill hereby grants and conveys unto KOKV, and its successors and assigns, that certain non - exclusive permanent, appurtenant and perpetual access easement for purposes of ingress and egress over a portion of the Governors Hill Parcel, designated as "50' Access Estill." on the attached BLA Plat (the "KOKV Access Easement "). The KOKV Access Easement shall run with the title to the Govemors Hill Parcel for the benefit of KOKV Parcel #1. 6. County Consent: The County consents to this boundary line adjustment as evidenced by its execution of the attached BLA Plat. Matters of Record: The conveyance and adjustment of the boundary lines of the KOKV Parcel 41, KOKV Parcel 42, Carper's Valley Parcel #1, Carper's Valley Parcel #2 and the Governors Hill Parcel is made subject to all easements, rights of way and restrictions of record affecting the subject properties; provided, however, that the foregoing shall not be deemed in any way to reinstitute or republish any restrictions of record that may have expired or lapsed. Michael L. Bryan 9 conrt stinam 2n° Floor Winchester, VA -5- O O WITNESS these signatures and seats: ` WINCHESTER REGIONAL AIRPORT AUTHORITY STATE OF VIRGINIA, AT LARGE, CITY /COUNTY OF yre&vlt to-wit: The foregoing instrument was acknowled before me on the ti day of,.. °�i��p 2007, by whct. " .... c� isr C�S�:rrQer— of Winchester Regional Airport Authority. My commission expires Y:- ii: 0 Y PUBLIC -01 ,278965 Michael L. Rryaa 9 Court Square 2n noor Wrrehestey VA I" • • CD cn CARPER'S VALLEY DEVELOPMENT, L.L.C. ,Michael L. Bryan 9 Court Square 2"' Floor winchevIce, VA By: MS CARPERS VALLEY INVESTORS, L.L.C., M aging ember - By: r (SEAL) Charles F. Stuart, Jr. anger STATE OF VIRGINIA, AT LARGE, CITY /COUNTY OF -791fF*K , to -wit: The foregoing instrument was acknowledged before me on the - ZO 1 ' day of Se k'rnlx� , 2007, by Charles F. Stuart, Jr., Manager of MS Carpers Valley Investors, L.L.C., Managing Member of Carper's Valley Development, L.L.C., a Virginia limited liability company. ,'•Ot�y�Sl.�V !' My commission expires 1Izalp� 7�lIG8Z t 7 Cam' A f .. NO RYPUBLIC GOVERNORS HILL, L.L.C., a Virginia Limited Liability Company By: MS CARPERS VALLEY INVESTORS, L.L.C., Managing Member By: (SEAL) Charles F. Stuart, Jr.,iflanager STATE OF VIRGINIA, CITY /COUNTY OF FA III -P!J>< The foregoing instrument was acknowledged before me on the?t)t`8ay of Se�kw&_L , 2007 by Charles F. Stuart, Jr., Manager of MS Carpers Valley Investors, L.L.C., Managing Member of Governors Hill, L.L.C., a Virginia limited liability company. My Commission expires: $13l1 NO ARY PUBLIC THIS INSTRUMENT PREPARED BY: Michael L. Bryan 9 Court Square Winchester, VA 22601 540 -545 -4130 MI B /pmn ,t dsUirport "Cm m "Gov Hill BIA 9/17/07 -7- f to Co I 3 7 2? a 6',4 \ \-> VICINITY MAP SCALE: 1" = 2,000' APPROVED BY: CD SETBACK REQUIREMENTS: � RA ZONING: CTS TRADITIONAL 5 AC LOTS - FRONT = 60' REAR & SIDE ADJOINING RESIDENTIAL /VACANT = 50' ADJOINING AGRICULTURAL = 100' ADJOINING ORCHARD = 200' RURAL PRESERVATION LOTS - FRONT = 60' FROM EXISTING STATE MAINTAINED ROAD 40' FROM EXISTING PRIVATE I/E ESMT OR STATE MAINTAINED ROAD CONSTRUCTED TO SERVE THE SUBDIVISION SIDE = 15' REAR = 40' EXISTING DWELLINGS - SIDE & REAR = 50' ACCESSORY USES - SIDE & REAR = 15' R4 ZONING: REFERENCE ARTICLE Al OF THE FREDERICK COUNTY ZONING ORDINANCE. FREDERICK COUNTY SUBDIVISION ADMINISTRATOR // (� WINCHESTER REGIONAL AIRPORT AUTHORITY I tuma l`1 Mlry�EkgLU ' <�1 T, NOTES: 1. FREDERICK COUNTY PINS: 64 -A -83, 64 -A -86 & 64 -A -87 (ZONED: 134); AND 64 -A -79 & 64 -A -88 (ZONED: RA). 2. BOUNDARY INFORMATION FOR PARCEL 86 IS BASED ON THE "COMPOSITE BOUNDARY SURVEY EXHIBIT PREPARED FOR MILLER AND SMITH ", CERTIFIED FEBRUARY 6, 2006, PREPARED BY GREENWAY ENGINEERING. BOUNDARY INFORMATION FOR PARCEL 79 IS BASED ON THE DEED OF CONVEYANCE RECORDED IN DB 659, PG 175 AND THE PLAT RECORDED IN DB 800, PG 1693. BOUNDARY INFORMATION FOR PARCEL 83 IS BASED ON THE BOUNDARY LINE ADJUSTMENT RECORDED AS INST #070001975. BOUNDARY INFORMATION FOR PARCEL 87 IS BASED ON THE BOUNDARY LINE ADJUSTMENT RECORDED AS INST #070009451. BOUNDARY INFORMATION FOR PARCEL 88 IS BASED ON THE ORDER CONFIRMING COMMISSIONERS' REPORT RECORDED IN DB 423, PG 30; ALL AMONG THE LAND RECORDS OF FREDERICK COUNTY, VIRGINIA. THIS PLAT IS NOT BASED ON A CURRENT FIELD RUN SURVEY. 3. BASIS OF MERIDIAN IS NAD 83, VIRGINIA NORTH ZONE. 4. PURSUANT TO AN EXAMINATION OF HUD FLOOD INSURANCE RATE MAP, COMMUNITY PANEL No. 510063 01158, WITH AN EFFECTIVE DATE OF JULY 17, 1978. THESE PROPERTIES LIE IN ZONE "C" (AREA OF MINIMAL FLOODING). 5. LOT CORNERS TO BE SET IN ACCORDANCE WITH FREDERICK COUNTY AND COMMONWEALTH OF VIRGINIA REGULATIONS. 6. PREPARED WITHOUT BENEFIT OF A TITLE REPORT. SURVEYOR'S CERTIFICATION: I, CORY M. HAYNES, A DULY LICENSED LAND SURVEYOR IN THE COMMONWEALTH OF VIRGINIA, HEREBY CERTIFY TO THE BEST OF MY KNOWLEDGE AND BELIEF, THAT THE PROPERTIES CONTAINED IN THIS BOUNDARY UNE ADJUSTMENT ARE THE SAME PROPERTIES CONVEYED TO: CARPERS VALLEY DEVELOPMENT, L.L.C. INSTRUMENT #060003761 AS TO PINS 64 -A -86 & 64 -A -87 WINCHESTER REGIONAL AIRPORT AUTHORITY PG 175 DB 659. 3 169 DB 800, PG L AS TO PIN 64-A WINCHESTE R REGIONAL AIRPORT AUTHORITY NES CCOR DB 423, PG 3o 9 DB 800, PG 1693 AS TO PIN 64 -A -88 7 GOVERNOR'S HILL, L.L.C. & INSTRUMENT #050007880 AS TO PIN 64 -A -83 ALL AMONG THE LAND RECORDS OF FREDERICK COUNTY, VIRGINIA. BOUNDARY LINE ADJUSTMENT BETWEEN GOVERNORS HILL AND WINCHESTER REGIONAL AIRPORT SHAWNEE MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA SCALE: AS SHOWN DATE: MARCH 28. 2006 REVISED: AUG. 31, 2007 Patton Harris Rust & Associates Engineers. Surveyors. Planners. Landscape Architects. �- 117 East Piccadilly Street " p l Winchester, Virginia "<2601 T 540.667.2139 j F 540.665.0493 SHEET 1 OF 7 a OWNER'S CONSENT AS TO PARCELS 86 & 87: THE ABOVE AND FOREGOING BOUNDARY UNE ADJUSTMENT OF THE PROPERTIES OF CARPERS VALLEY DEVELOPMENT, L.L.C., 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. CARPERS VgLEY DEVELOPMENT, L.L.0 BY: 615 ERS L 7 IN TORS, L.L.C., MANAGING MEMBER p BY: Vza J p CHARLES F ART JR., MANAGER (DATE) m NOTARY PUBLIC STATE OF VIl26q1()1A" CITY /COUNTY OF i FA-)c' THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE ME ON 9IL4 / C 7 BY cry kb 1 Sf a h, Tr MY COMMISSION EXPIRES S�3 / /zet& (NOTAR PUBLIC) (DATE) -# OWNER'S CONSENT AS TO PARCELS 79 & 88: THE ABOVE AND FOREGOING BOUNDARY LINE ADJUSTMENT AND DEDICATION OF DRAINAGE EASEMENT ON AND THROUGH THE PROPERTY OF WINCHESTER REGIONAL AIRPORT AUTHORITY, 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. - - WINCHESTER REGIONAL AIRPORT 4UT90RITY �la(`2Cpl (DATE) (� (� (� B � 9AOMa '(�1I MILy PRINTED NAME & TITLE Serena R. Manue - NOTARY PIIC� k STATE OF CITY /COUNTY OF M° THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE ME ON a?j 0 ;21 AW7 BY ; ;' jt R /1'/4nwe '7t rC4TiYC a!lf4x '� f MY COMMISSION EXPIRES y 17/7 6 (NOTARY PUBLIC) `(T r ' Y i OWNER'S CONSENT AS TO PARCEL 83: THE ABOVE AND FOREGOING BOUNDARY LINE ADJUSTMENT OF THE PROPERTIES OF GOVERNOR'S HILL,t,PAS ' u LC APPEARS ON THE ACCOMPANYING PLATS IS WITH THE FREE CONSENT AND IN ACCORDANCE WITH THE DESIRAS QfT I; THE UNDERSIGNED OWNERS, PROPRIETORS AND TRUSTEES, IF ANY. GOVERNOR' HILL, L..C. BY: MS PER V LLEY IN MANAGING MEMBER STORS, L.L.C., - ' ` /%�- 7/2J�0 7 BY: (- CHARLES F. STUAR JR., MANAGER (DATE) NOTARY PUBLIC STATE OF VI,CCl/j CITY /COUNTY OF FN'f2+ = r 9 y THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE ME ON . !�/" /o 7 BY Gro /le s F Styark / 7.. Z q 7FAt/ . - � _ MY COMMISSION EXPIRES (NOTARY ,.TH Qd CURVE TABLE CURVE RADIUS DELTA LENGTH TANGENT BEARING CHORD M 25.00' 58'40'04' 25.60' 14.05' N75'S7'49'W 24.49' C2 1630.00 83746" 245.50' 122.98' N50'56'40 'W 245.27' C3 25.00' 58'40'04" 25.60' 14.05' N84 35'35"W 24.49' C4 25.00' 58'40'04" 25.60' 14.05' N84'35'35'W 24.49' C5 1630.00' 7'41'40' 218.90' 109.61 N51'24'43 "W 218.73' C6 1630.00' 056'06" 26.60' 13.30' 705 5P1 26.60' C7 799120' 2'52'05" 400.00' 200.04' 50553'09 "W 399.95' CS 40.00' 4506'22" 31.49' 16.61' S7835'12 "W 30.68' C9 1955.00' 5'27'45" 186.39' 93.27' N76 07'44 "W 186.32' CIO 1300.00' 4'29'27" 101.89' 50497 N68'08'47 "W 1 101.87' C11 500.00' 13'49'13" 120.60' 60.60' 572'48'40 "E 120.31' C12 787.00' 6'34'49" 90.3 ' 45.24' S83'00'41 "E 90.34' C13 262.00' 26'10'07' 119.6 60.89' S16'09'35 "E 118.63' C14 200.00' 16'39'54" 58.17' 29.29' S00'46'25 "W 57.97' C15 200.00' 13'19'45" 46.53' 23.37' S00'53'39 "E 46.42' C16 50.00' 45'30'05" 39.71' 20.97' S31'40'33 "W 38.67' C17 707.50' 15'44'23" 194.36' 97.79' N78'25'54 "W 193.75' C18 2022.50' 20'45'59" 733.04' 370.59' NBO'56'42 "W 729.03' C19 1377.50' 44'41'55 1074.64' 566.34 Ntu$ 8b 44 "W 1047.60' C20 1697.50' 8'37'46" 255.67' 128.08' N50'S6'40'W 255.42' P , UNE TABLE En LINE BEARING DISTANCE LINE BEARING DISTANCE L1 N70 18'36 "W 145.94' L5 S07'33'32 "E 30.97' 1F L2 544'56 - W 50.00 L6 N87'04'29 "W L3 501'32'34 W 16.57 L7 N82'40'49 "W 40.67 L4 S09'06'22 "W 83.31' L8 N55 "W 64.49' rr 2 CORY M. HAYNES 7 Lim. No. 2539 0 4 BOUNDARY LINE ADJUSTMENT BETWEEN GOVERNORS HILL AND MANCHESTER REGIONAL AIRPORT SHAWNEE MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA SCALE: AS SHOWN DATE: MARCH 28, 2006 REVISED: AUG. 31, 2007 alto. Harris Rust 8 Associates gineers. Surveyors. Planners. Landscape Architects. 1 >� Winchester, East Piccadilly Street + n + Winchester, Virginia 22601 T 540.667.2139 F 540.665.0493 SHET 2 OF 1� LEGEND: +5.3884 NEW 64—A-88 37.442 AC NEW 64 —A -79 — 0.8583 AC NEW 64 —A -87 +9.2435 NEW 64 —A -86 NEW 64 —A -83 AREA TABULATION: 64 -A -79 PARCEL A +5.3884 AC 37.442 AC PARCEL F — 0.8583 AC PARCEL B +9.2435 AC PARCEL C — 14.2936 AC PARCEL D +1.2934 AC 64 -A -87 PARCEL E — 0.5763 AC NET AREA 1.0554 AC (OLD) 64 —A -87 21.9283 AC ADDED TO 64 —A -79 PARCEL A — 5.3884 AC PARCEL E +0.5763 AC PARCEL F +0.8583 AC 64 —A -83 (OLD) 64 —A -83 117.5443 AC PARCEL D — 1.2934 AC (NEW) 64 —A -83 116.2509 AC 64 —A -86 (OLD) 64 —A -86 102.3888 AC PARCEL B — 9.2435 AC PARCEL C +14.2936 AC (NEW) 64 —A -86 1C7.4389 AC GRAPHIC SCALE 0 500 1000 2000 IN FEET ) ,...n = Inno rL CORY M. HAYNES Uc, No. 2539 8�31�07 (NEW) 64 —A -87 17.9745 AC 64 —A -88 (OLD) 64 —A -88 37.442 AC PARCEL F — 0.8583 AC (NEW) 64 —A -88 36.5837 AC BOUNDARY LINE ADJUSTMENT BETWEEN GOVERNORS HILL AND WINCHESTER REGIONAL AIRPORT SHAWNEE MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA SCALE: 1' = 1000' DATE: MARCH 28. 2006 REVISED: AUG. 31, 2007 Patton Harris Rust 8 Ass O cia tas Engineers. Surveyors. Planners. Landscape Architects. 117 >• Win East Piccadilly Street Winchester, Virginia 22601 P 540.667.2139 IL JL F 540.665.0493 SH 3 OF PuR +A cnm G G CT` �O NEW PARCEL 79 PARCEL D / MATc 1.2934 AC H ADDED TO PARCEL 79 / SEE SHEETS � I 64 —A -79 4i WINCHESTER REGIONAL �Q AIRPORT AUTHORITY tic DB 659, PG 175 Q- o, DB 800. PG 1693 Q��V / ZONED: RA � / Fv 64 -A -83 Z -�� pip GOVERNOR'S HILL, L.L.C. �; uol. be` r INST x/060007880 °'-? I ZONED: R4 \ NEW PARCEL 83 ONED: M1 / USE: INDUSTRIAL 116.2509 AC - PROPERTY LINE R= 50.00' L= 80.10' L4 HEREBY CREATED BOUNDARY LINE ADJUSTMENT BRL T .Ina•27'06' 450. N56.14�23 "W� 31.27' 62.00' CIE 50' ACCESS ESMT� _N 3 \ 64 —A -82 N/F \ COUNTY OF 5 '1 FREDERICK, VIRGINIA \1 INST #070001977 r)1 \ ZONED: R4 P USE: VACANT "I'D N�OINIA NORTM GRAPHIC SCALE 0 0o zao we MEMNE— ( IN FEET ) 1 inch — 200 It. 0 PHR +A 2007 Cl r U o� �o A� o om I I� r`im I 'S' III mC QC � C12 79.5' C17 h \ � C VARIABLE WIDTH \\ TEMPORARY /E, \ ACCESS UTILITIES S 01 97 \ INST /j070001976 \ 64 —A -80J N/F \� �\ N/F \ CAMPFIELD LLC \ INST #060010003 ONED: M1 / USE: INDUSTRIAL ZONED: M1 USE: INDUSTRIAL BOUNDARY LINE ADJUSTMENT GRAPHIC SCALE 0 0o zao we MEMNE— ( IN FEET ) 1 inch — 200 It. 0 PHR +A 2007 Cl r U o� �o A� o om I I� r`im I 'S' III mC QC � C12 79.5' C17 h \ � C VARIABLE WIDTH \\ TEMPORARY /E, \ ACCESS UTILITIES S 01 97 \ INST /j070001976 a 64 —A -800 _'\ p �•. N/F \� �\ BLUE RIDGE INDUSTRIES / DD 787, PG 1122 ONED: M1 / USE: INDUSTRIAL BOUNDARY LINE ADJUSTMENT BETWEEN �Af OF GOVERNORS HILL /Jp AND 6 ' 1 MANCHESTER REGIONAL AIRPORT I SHAWNEE MAGISTERIAL DISTRICT CORY M. HAYNES 9 FREDERICK COUNTY. VIRGINIA Uc. No. 2539 SCALE: 1 = 200' DATE: MARCH 28, 2006 i REVISED: AUG. 31, 2007 8 JZI)o7 Patton Harris Rust & ASSOCiates Engineers. Surveyors. Plonnars. Landscape Architects. Z ¢ 9 4.. SURD° 117 East PlccodillY St'eet �� /\ Winchester, Virginia 22501 P H A � l T 540.667.2139 F 540.665.0493 SHEET 4 OF a CD CD _ t 0 NPOr� 1 NR01 NlP NO 64-A-79 WINCHESTER REGIONAL AIRPORT AUTHORITY DB 659, PG 175 DB 800, PG 1693 ZONED: RA NEW PARCEL 79 3 n M �� 1 /"'V � a L ON.9 C7 U�v v C� U � e eryo Q^ h o e w C, z MATCH LINE — U CL ti Q aw SEE SHEET O e / I / / 'a Q // / a ��� ~fie •"� � ^� I o I / NE W PARCEL 86 / 107.4389 AC 22 I I 64 -A -86 I CARPERS VALLEY DEVELOPMENT, L.L.C. INST #060003761 ZONED: R4 In CL p "Op a w I s� CRegT O ` I I I I I I p 22'/3..w 11' 11 N A 5 83 yFFg e R/Y AOA253A3' ` GOVERNOR'S HILL, L.L.C. Y 4 1 INST #060007880 MgCq N0g:0T56 E 1 1 1 ZONED: R 3 \ Y r MArcH LINE SEE SHEET a 1 \� NEW PARCEL 83 116.2509 AC BOUNDARY LINE ADJUSTMENT / BETWEEN GOVERNORS HILL ery O v O e / I / / 'a Q // / a ��� ~fie •"� � ^� I o I / NE W PARCEL 86 / 107.4389 AC 22 I I 64 -A -86 I CARPERS VALLEY DEVELOPMENT, L.L.C. INST #060003761 ZONED: R4 In CL p "Op a w I s� CRegT O ` I I I I I I p 22'/3..w 11' 11 N A 5 83 yFFg e R/Y AOA253A3' ` GOVERNOR'S HILL, L.L.C. Y 4 1 INST #060007880 MgCq N0g:0T56 E 1 1 1 ZONED: R 3 \ Y r MArcH LINE SEE SHEET a 1 \� NEW PARCEL 83 116.2509 AC n PPP +A 9nn7 BOUNDARY LINE ADJUSTMENT BETWEEN GOVERNORS HILL AND nM .HAYNES WINCHESTER REGIONAL AIRPORT SHAWNEE MAGISTERIAL DISTRICT FREDERICK COUNTY, VRGINIA SCALE: 1 - 200' DATE: MARCH 28, 2005 8��j�J� 7 • REVISED: AUG. 31, 2007 Patton Harris Rust & Associates Engineers. Surveyors. Planners. Landscape Architects. GRAPHIC SCALE, L9�¢. O o Im zap Opp �� 117 East Piccadilly Street II 1� /J1/\ Winchester, Virginia 22601 t IN FEET) 9 1� g�L i T 540.667.2139 . t inch = 200 tt F 540.665.0493 SHEET 5 OF 7 n PPP +A 9nn7 41 NP ° NRGINIP L`� ZONE C / NEW PARCEL 79 ha o o = °° / v / / Sg 2 2g, h off. PARCEL A \ / 5.3884 AC ADDED TO PARCEL 79 v / ro i/ HEREBYRCREINES Urytiv h ATED o I JU ^ ^ 3 C)� �- Q ,a) d ry` Oa m U 2 =rfVhh I a a NI o 3 0 o � y �S26-0 6 07,,4, 1096.99' . 64 -A -86 CARPERS VALLEY DEVELOPMENT, L.L.C. INST #060003761 ZONED: R4 NEW PARCEL 86 107.4389 AC BOUNDARY LINE ADJUSTMENT BETWEEN ya TH OF ` GOVERNORS HILL AND tr ot' r P� WINCHESTER REGIONAL AIRPORT SHAWNEE MAGISTERIAL DISTRICT O FREDERICK COUNTY, VIRGINIA U CORY M. HAYNES 9 z SCALE: 1" = 200' DATE: MARCH 28, 2006 Lic. No. 2539 }1 Z REVISED: AUG. 31, 2007 813110 Patton Harris Rust 8 Associates GRAPHIC SCALE Engineers. Surveyors. Planners. Landscape Architects. 200 'oo g� ''ggg��� p 177 East Piccadilly Street tl / RA Winchester, Virginia 22671 ( IN FEET) tl g�< � T 540.6622139 1 inch = 200 IL F 540.665.0493 SHEET 6 OF 7 CpyF C C7 J M � ^ry / 64— A -79 \ // WINCHESTER REGIONAL / h AIRPORT AUTHORITY DB 659, PG 175 DB 800, PG 1693 ZONED: RA 0 NEW PARCEL 79 ha o o = °° / v / / Sg 2 2g, h off. PARCEL A \ / 5.3884 AC ADDED TO PARCEL 79 v / ro i/ HEREBYRCREINES Urytiv h ATED o I JU ^ ^ 3 C)� �- Q ,a) d ry` Oa m U 2 =rfVhh I a a NI o 3 0 o � y �S26-0 6 07,,4, 1096.99' . 64 -A -86 CARPERS VALLEY DEVELOPMENT, L.L.C. INST #060003761 ZONED: R4 NEW PARCEL 86 107.4389 AC BOUNDARY LINE ADJUSTMENT BETWEEN ya TH OF ` GOVERNORS HILL AND tr ot' r P� WINCHESTER REGIONAL AIRPORT SHAWNEE MAGISTERIAL DISTRICT O FREDERICK COUNTY, VIRGINIA U CORY M. HAYNES 9 z SCALE: 1" = 200' DATE: MARCH 28, 2006 Lic. No. 2539 }1 Z REVISED: AUG. 31, 2007 813110 Patton Harris Rust 8 Associates GRAPHIC SCALE Engineers. Surveyors. Planners. Landscape Architects. 200 'oo g� ''ggg��� p 177 East Piccadilly Street tl / RA Winchester, Virginia 22671 ( IN FEET) tl g�< � T 540.6622139 1 inch = 200 IL F 540.665.0493 SHEET 6 OF 7 CpyF C C7 J ab, h b rp mc e \ 444a o O c�4ro°� Q UO J ey 3� t �O J �h N20g 6 0_ 9 11 N 8.98 6> L8 zz zs, s • C20 64 -A -87 CARPERS VALLEY DEVELOPMENT, L.L.0 INST x/070009451 (BLA) ZONED: R4 525 NEW PARCEL 87 r 250 . 32 W 17.9745 AC - FA 2007 M � h • •o M, 2 h h b rp mc e \ 444a o O c�4ro°� Q UO J ey 3� t �O J �h N20g 6 0_ 9 11 N 8.98 6> L8 zz zs, s • C20 64 -A -87 CARPERS VALLEY DEVELOPMENT, L.L.0 INST x/070009451 (BLA) ZONED: R4 525 NEW PARCEL 87 r 250 . 32 W 17.9745 AC - FA 2007 NEW PARCEL 88 36.5837 AC 64 - A - 88 WINCHESTER REGIONAL AIRPORT AUTHORITY DB 423, PG 30 DB 800, PG 1693 ZONED: RA PROPERTY LINES HEREBY CREATED S2SS�f Ofr glC o� 9 �F\ 8 Da w ay ° >II W oti 8 FC � 382gss °y/ f aq Mq T CN / C7NF 42 88S 32 of C .J / p f FeYR 2 / 6 y fRFe yR7' y q f0 I/qC4 DS PARCEL E 0.5763 AC ADDED TO PARCEL 87 / NPO g31 O ZoN / NRGINIP NORTH / C::) 64 -10 -3 N N/F KAREN B BARRETT- PERRY, at al INST #040009854 p ZONED: B2 4n' USE: VACANT do � PARCEL F 0.8583 AC ADDED TO PARCEL 87 C PROPOSED FUTURE OVERSTONE DRIVE � C \\�A 4 o o %r s OB o oG A C� r \ 02 AG 7 � \`TS S 64 -A -898 N/F PRINCE FREDERICK GROUP, L.C. DB 802, PG 1047 ZONED: 82 USE: OFFICE NOTE: EXISTING ESMTS RECORDED IN b INST if 060006044 % N 1 OW �/ I_ DETAIL SCALE: I" = 100' GRAPHIC SCALE 0 10) zW +01 IN FEET) t inch = 200 TL PLTH OF CORY M. HAYNES tic. No. 2539 elSt/07 BOUNDARY LINE ADJUSTMENT BETWEEN GOVERNORS HILL AND WINCHESTER REGIONAL AIRPORT SHAWNEE MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA SCALE: 1" = 200' DATE: MARCH 28, 2006 REVISED: AUG. 31, 2007 Patton Harris Rust 8 Associates Engineers. Surveyors. Planners. Landscape Architects. P � 117 East Piccadilly Street Winchester, Virginia 22601 T 540.667.2139 F 540.665.0493 SHEET 7 OF 7 PHR +A 2007 CD 0 VIRGINIA: FREDERICK CGUNTUCT. This instrument of writing was produced to me Ott and with certificate ekno.� Icdecmen! Thereto annexed was admitted to record. Tax irapnsed by sec. 58.1 -80 of $, and 55.1 -801 have been paid, if assessable 4 � / , Clerk