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HomeMy WebLinkAbout10-08 Deed,1:.!q; Early n,f s4ua a:ar svrgcr„esii ra7d,is, 2200r qb 722.95$6 5:0•7129d55 ia:cu:.c�.iil�snndandt7�.cuia January 22. 2009 Serena R. Manuel Executive Director Winchester Regional Airport 491 Airport Road Winchester, Virginia 22602 Dear Rcnnv, Sincerely, John T. Conrad Vice President MIL EIS SvIT TEI Enclosed is the fully executer( Deed of Easement and Restrictions between the Airport and the entities at Governors Mill, which was recorded yesterday in the land records of Frederick County. We appreciate the efforts that you and ,Mark Flynn exerted to complete the document. Definitions. As used herein: 090000 0 tom) Ul 0 THIS DEED IS EXEMPT from the state recordation taxes imposed by Virginia Code §58.1 -801, pursuant to Virginia Code §58.1 -81 1 CA)(3). '1'I-IIS DEED OF EASEMENT AND REstizi TIONS is made this 14th day of January, 2009, by and between CARTERS VALLEY DEVELOPMENT, L.L.C., a Virginia limited liability company, and GOVERNOR'S 1-IILL, L.L.C., A Virginia limited liability company (collectively, the "Grantor and TFIE WINCHESTER REGIONAL AIRPORT AUTHORITY a political subdivision of the Commonwealth of Virginia "Grantee WHEREAS, the Grantee is the owner of the Winchester Regional Airport "Airport located within Frederick County, Virginia: WHEREAS the Grantor is the owner of certain real property, described to Exhibit A; WHEREAS the zoning ordinance of the County of Frederick requires an avigation casement for any properties that are subdivided that lie within the airport support area as shown in the zoning maps of the County; and WHEREAS, the parties desire to set out the rights and responsibilities of each related to the Airport. WITN13SSIE TH: The term "navigable airspace" means airspace above the minimum altitudes of flight prescribed by regulations under Title 14 of the Code of Federal Regulations "CJJ.R. Part 77, including airspace needed to ensure safety in the takeoff and landing of aircraft. The tern "Property" shall mean the real property located in Frederick County, Virginia, and more particularly described in Exhibit A, which is attached hereto and incorporated herein by this reference. The term "structure" shall mean any object, including a mobile object, constructed or erected by man, including but not limited to: buildings, tower, communications towers, radio and television antennae, cranes, smokestacks, earth formations, overhead transmission lines, and flag poles. THAT for and in consideration of the mutual benefits to the parties hereto, the Grantor hereby grants to die Grantee a permanent avigation easement across the Property, subject to the terms and conditions set forth herein below, and in accordance with the regulations established pursuant to Title 14, C.F.R. Part 77 to wit: 0 N c- n 1. THAT the Grantor, for itself, its heirs, successors and assigns, grants unto Grantee for the benefit of the public in the use and operation of the Airport, a right of the public and specifically, without limitation, owners, operators and occupants of aircraft to use the navigable airspace over the Property and for all said persons and entities to cause in the navigable airspace above the Property such light, sound, noise, smoke and vibration as may be inherent in or related to the operation of aircraft using said navigable airspace for landing at, taking off from, or otherwise operating at or about the Airport. 2. THAT Grantor, for itself, its successors and assigns, and for the benefit of the public in the use and operation of the Airport and the airspace above the Airport, covenants and agrees that it will not use the Property, or permit any use of the Property, in a manner that would constitute an obstruction to the passage of aircraft using the navigable airspace above the Property for landing at, taking off from, or otherwise operating at or about the Airport, and that they will not use the Property, or permit any use of the Property, in a manner, including casting of light into the airspace above the Property, which would present a hazard to any aircraft using the navigable airspace above the Property for landing at, taking off from, or otherwise operating at or about the Airport. 3. THAT Grantor for itself, its successors and assigns, covenants and agrees with the Grantee that for the benefit of the public in the use and operation of the Airport, they will not hereafter establish, construct, erect or grow, or permit the establishment, construction, erection or growth of, any structure or vegetation, whether natural or man -made, which would penetrate into or through the airspace of the Airport. Further, Grantor acknowledges that no permit shall be obtained that would allow the establishment of or creation of an airport hazard or a hazard to air navigation. The issuance of a construction permit shall be deemed to confirm that any improvements shown or reflected on the plans associated with the permit do not constitute a hazard to either the airport or to air navigation. 4. THAT Grantor covenants and agrees with the Grantee that Grantor shall provide noise attenuation treatment for all residential structures its constructs within the Property. 5. Except as specifically provided herein, Grantor, for itself, its successors and assigns, hereby releases Grantee from any and all claims, liability or causes of action that they have or will have against Grantee on account of noise emanating upon the Airport now or hereafter incident to the operation of aircraft landing at, or taking off from, the Airport. THE GRANTEE TO HAVE AND TO HOLD such easement and all rights appertaining thereto under the Grantee, its successors and assigns, with the understanding and agreement that the covenants, restrictions and agreements set forth herein shall be binding upon the successors in interest and assigns of the Grantee and Grantor, and that these covenants and agreements shall run with the land, unless and until the Airport is abandoned. In the event the Airport is abandoned this easement shall automatically terminate, and title to the Property, unencumbered by this easement and the restrictions set forth herein, shall automatically revert to the Grantor or its successors in interest, as applicable, without the need of any further action by the parties or their successors. 2 My Commission Expires: g>I 2 0(0 By: STATE OF VIRGINIA COUNTY OF FAIRFAX The foregoing instrument was duly acknowledged before me this day of January, 2009, by lt F. $l- P-- as S of Miller and Smith, Inc., Manager of MS Carpers Investors, L.L.C., Member Manager of Carpers Valley Development, L.L.C, on behalf of the company. My Notary Registration Number is: 701/6 CARPERS VALLEY DEVELOPMENT, L.L.C. By: MS Carpers Investors, L.L.C., Member Manager By Miller and Smith, Inc., Manager el Name: Charles F. St I Title: Senior Vice President Nc ary Public 4 0 N cn GOVERNOR'S HILL, L.L.C. By: MS Carpers Valley Investors, L.L.C., Member Manager By Miller and nith, nc Manager By: 1. Name: Charles F. Stu N ary Publi My Commission Expires: g(3//20t0 7DI /Aer My Notary Registration Number is: 5 Title: Senior Vice President STATE OF VIRGINIA COUNTY OF FAIRFAX The foregoing instrument was duly acknowledged before nie this J `f day of January, 2009, by Gna�IcS F Sha as SCVIfb/ V of Miller and Smith, Inc., Manager of MS Carpers Investors, L.L.C., the Manager of Governor's Hill, L.L.C., on behalf of the company. 0 CJ1 Michael L. Bryan 9 Court Square 2 Floor /Whetter, VA 060003761 M THIS DEED, made and dated this -9 of l'-(.45vwx+‘ 0 U3 0' N 2006, by and between JGR THREE, LLC, a Virginia Limited Liability Company, ELLEN, LLC, a Virginia Limited Liability Company, LCR, LLC, a Virginia Limited Liability Company, MDC THREE. LLC a Virginia Limited Liability Company, SUSAN SANDERS LLC, a Virginia Limited Liability Company, LIBERTY HILL, L.C., a Virginia Limited Liability Company, THOMAS A. DICK, by RICHARD G. DICK, his Attorney -in Fact, TIMOTHY J. DICK, by RICHARD G. DICK, his Attorney -in -Fact, and MICHAEL E. DICK, by RICHARD G. DICK, his Attorney -in -Fact, hereinafter called the Grantors, and CARPERS VALLEY DEVELOPMENT L.L.C., a Virginia Limited Liability Company, hereinafter called the Grantee. [ti ITNESSETH: 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, the Grantors do hereby grant and convey, with special warranty of title, unto the Grantee, in fee simple, all of those three certain lots or parcels of land, together with the improvements thereon and all rights, rights of way and appurtenances thereto belonging, described as follows: PARCEL ONE: All of that certain lot or parcel of land, together with all improvements thereon and all rights, rights of way, and appurtenances thereunto belonging, lying and being situate in Shawnee Magisterial District, Frederick County, Virginia, situate on the southwestern side of Millwood Pike (U. S. Route 50/17), containing 102.3808 acres, more or less, as more particularly described on that certain plat titled "Boundary Survey of the Land of JGR Three L.L.C., Et Als Michael L. Bryan 9 Court Square 2e Floor mchester, VA dated January 25, 2006, drawn by Richard A. Edens, L.S., attached hereto and incorporated herein by reference as if set out in full. TAX MAP NO. 64 A 86 PARCEL TWO: All of that certain lot or parcel of land, together with all improvements thereon and all rights, rights of way, and appurtenances thereunto belonging, lying and being situate in Shawnee Magisterial District, Frederick County, Virginia, situate southwest of Millwood Pike (U. S. Route 50/17), containing 10.0194 acres, more or less, as more particularly described on that certain plat titled "Boundary Survey of the Land of JGR Three L.L.C., Et Als dated January 25, 2006, drawn by Richard A. Edens, L.S., attached hereto and incorporated herein by reference as if set out in full. TAX MAP NO. 64 A 87 PARCEL THREE: All of that certain lot or parcel of land, together with all improvements thereon and all rights, rights of way, and appurtenances thereunto belonging, lying and being situate in Shawnee Magisterial District, Frederick County, Virginia, situate southwest of Millwood Pike (U. S. Route 50/17), containing 24.8435 acres, more or less, as more particularly described on that certain plat titled "Boundary Survey of the Land of JGR Three L.L.C., Et Ale", dated January 25, 2006, drawn by Richard A. Edens, L.S., attached hereto and incorporated herein by reference as if set out in full. TAX MAP NO. 64 A 87A Parcel One, Parcel Two and Parcel Three are a portion of the lands conveyed to the Grantors herein by that certain Deed dated March 1, 2004, from Carper's Valley Golf Club, L.P., a Virginia Limited Partnership, of reccrd in the Clerk's Office Michael L Bryan 9 Court Square 2" Floor Winchester, VA of the Circuit Court of Frederick County, Virginia as Instrument No. 040011820. Reference is made to the aforesaid instruments for a more particular description of the property herein conveyed. This conveyance is made subject to all easements, rights of way and restrictions of record affecting the subject property; 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. This Deed is executed by Richard G. Dick, as Attorney -in- Fact for Thomas A. Dick, pursuant to Power of Attorney dated April 10, 2003, of record in the Clerk's Office of the Circuit Court of Frederick County, Virginia as Instrument No. 050026754. This Deed is executed by Richard G. Dick, as Attorney -in- Fact for Timothy J. Dick pursuant to Power of Attorney dated April 13, 2003, of record in the aforesaid Clerk's Office as Instrument No. 050026755. This Deed is executed by Richard G. Dick, as Attorney -in- Fact for Michael E. Dick pursuant to Power of Attorney dated November 26, 2003, of record in the aforesaid Clerk's Office as Instrument No. 050026756. WITNESS the following signatures and seals: JGR THREE, LLC By Oa1,41• kt" -4 a 0 ,!T (SEAL) :QOHN G. RUSSELL, III, Manager U ELLEN, LLC By C. (SEAL) G. RUSSELL, III, Manager 3 6- Michael L. Bryan 9 Court Square 2" floor Winchester, VA STATE OF VIRGINI A L��A CITY /8444.1T1 OF My commission expires LCR, LLC ek t AL) LINDA C. RUSSELL, an MDC THREE, LLC BY 9J Rangy -ta iJ B OHN G. RUSSELL, III, Manager SUSAN SANDERS, LLC -9/2 LIBERTY HILL, L.C. 4 CHARD t e• J. DICK, by RICHARD OK, his Att a m e ow s 'Q M ct t L E. DICK by RICHARD G. DICK, his Attorney -in -Fact to HN G. RUSSELL wit: behalf of said limited liability company. NOTARY PUBLIC TT G. DICK, M.nag. (SEAL) Manager The foregoing instrument was acknowledged before me on the n day of 2006, by John G. Russell, III, who is Manager of JGR THREE, LLC, a Virginia Limited Liability Company, and whose name is signed to the foregoing Deed on yM f (S EAL) (SEAL) Michael L. Bryan 9 Court Square 2 Floor 'cheater, VA STATE OF VIRGINIA, AT LARGE, CITY /GAMY OF W DC,gJ to -wit: The foregoing instrument was acknowledged before me on the 43 7� day of XJYve,/i 2006, by John G. Russell, III, who is Manager of ELLEN LLC, a Virginia Limited Liability Company, and whose name is signed to the foregoing Deed on behalf of said limited liability company. My commission expires 7 NOTARY PUBLIC STATE OF VIRGINIA, AT LARGE, CITY /COUNTY OF �(/i nllc to wit: The foregoing instrument was acknowledged before me on the ,73 1A- day of /"vt r V L 2006, by Linda C. Russell, who is Manager of LCR, LLC, a Virginia Limited Liability Company, and whose name is signed to the foregoing Deed on behalf of said limited liability company. My commission expires NOTARY PUBLIC STATE OF VIRGINIA, AT LARGE, CITY/COUNTY OF v n(.w to -wit: J� The foregoing instrument was acknowledged before me on the <:)3 day of }p,Av 2006, by John G. Russell, III, who is Manager of MDC THREE, LLC, a Virginia Limited Liability Company, and whose name is signed to the foregoing Deed on behalf of said limited liability company. My commission expires )k//O NOTARY P 5 Michael L Bryan 9 Court Square 2" Floor "pester, VA My commission expires NOTARY PUBLIC STATE OF VIRGINIA, AT LARGE, CITY/'eetlNTY OF il(„Af /4. to -wit: My commission expires STATE OF VIRGINIA, AT LARGE, CITY /SO TY OF kilt/ dt--.( to -wit: ira NOTARY 'UBLIC 6 0 STATE OF VIRGINIA, AT LARGE, CITYISBUNfh OF IA/iflf�l Nts to -wit: The foregoing instrument was acknowledged before me on the %)3`-`- day of Ed6(,.,wil 2006, by John G. Russell, III, who is Manager of SUSAN SANDERS, LLC a Virginia Limited Liability Company, and whose name is signed to the foregoing Deed on behalf of said limited liability company. The foregoing instrument was acknowledged before me on the :)3 =r�" day of /`avy..v� 2006, by Richard G. Dick, who is Manager of LIBERTY HILL, L.C., a Virginia Limited Liability Company, and whose name is signed to the foregoing Deed on behalf of said limited liability company. �4 00' The foregoing instrument was acknowledged before me on the ,J3� day of w�")v..vy 2006, by Richard G. Dick, Attorney -in -Fact for Thomas A. Dick, whose name is signed to the foregoing Deed. My commission expires allaic 4. A c 7 y y1 0 Michael L. Bryan 9 Court Square 2" Floor l ister. VA STATE OF VIRGINIA, AT LARGE, CITY /eei3tnTY OF Win ce to -wit: The foregoing instrument was acknowledged before me on the ,132-- day of C4,. Attorney -in -Fact for Timothy J. Dick, whose name is signed to the foregoing Deed. My commission expires STATE OF VIRGINIA, AT LARGE, CITY /COHNTY OF otio.- i.'Lcj The foregoing instrument the )3`L day of {.rJrLi..i Attorney -in -Fact for Michael the foregoing Deed. My commission expires THIS INSTRUMENT PREPARED BY: Michael L. Bryan 9 Court Square Winchester, VA 22601 540 -545 -4130 Deeds \JGR Three to Miller and S mith SMM 2006, by Richard G. Dick, NOTARY UBLIC 0 cr GO to -wit: was acknowledged before me on 2006, by Richard G. Dick, E. Dick, whose name is signed to 7 di !c ar L NOTARY •UBLIC 7 r, f 8 rn m u V) N al o N CO o r r C 8'0 apo v 0 v v w 8 in CO s 'J m 6 o N o m z wo .a Michael L. Bryan 9 Court Square 2i Floor 'rester, VA p 060007880 CD CID THIS DEED, made and dated this April, 2006, by and between RICHARD G. DICK and DONNA C. DICK husband and wife, hereinafter called the Grantors; and GOVERNOR'S HILL, L.L.C. a Virginia Limited Liability Company, hereinafter called 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, the Grantors do hereby grant and convey, with general warranty of title, unto the Grantee, in fee simple, all that certain tract or parcel of Land, together with all rights, rights of way, improvements and appurtenances thereunto belonging, lying and being situate in Shawnee Magisterial District, Frederick County, Virginia, located on the southwest side of Millwood Pike (VA. State Rte 50/U.S. 17) in Shawnee Magisterial District, Frederick County, Virginia, containing 61.4532 acres, more or less, and being more particularly described on that certain plat titled `Boundary Survey of the Land of Richard G. Dick, Et Ux" dated January 25, 2006, drawn by Richard A. Edens, L.S. (the "Plat which plat is attached hereto and made a material part hereof as if set out in full; and being a portion of the lands acquired by Richard G. Dick and Donna C. Dick, his wife, by that certain Deed dated November 18, 1983, which Deed is of record in the aforesaid Clerk's Office in Deed Book 568, at Page 769. Tax Map Number: 64 -A -83 The hereinabove described property was previously described as containing 61.450 acres by that certain plat titled "Minor Subdivision of the Land of Richard G. Dick Donna C. Dick" dated December 6, 2005, which plat is attached to and made a material part of that certain Deed of Subdivision dated February 3, 2006, which instrument is of record in the Clerk's Office of the Circuit Court of Frederick County, Virginia as Instrument No. 060002436 (the "Subdivision Plat however, upon subsequent survey, the Property contains 61.4532 acres, more or less, as set forth on the attached Plat. Title to the hereinabove described tract or parcel of land conveyed hereby is subject to that certain appurtenant and perpetual right of way or easement, 60' in width, for purposes Michael L. Bryan 9 Court Square 2' Fluor Winchester, VA of ingress and egress from Millwood Pike to that certain lot or parcel of land retained by the Grantors containing 3.161 acres, more or less (the "Residence Parcel which right of way or easement is designated as "60' Ingress/Egress Esm't" on the Subdivision Plat, and is further described as "60' Ingress- Egress Easement Serving T.M. 64- A -83B and also described in Note 3 on the attached Plat. In addition, title to the hereinabove described tract or parcel of land conveyed hereby shall also be subject to that certain appurtenant and perpetual sanitary sewer casement for the benefit of the Residence Parcel, designated as "15' Private Sanitary Sewer Easement" on the Subdivision Plat, and is further described as "15' Private Sanitary Sewer Easement" and described in Note 3 on the attached Plat. Reference is hereby made to the aforementioned instruments for a more particular description of the property herein conveyed. This conveyance is made subject to all easements, rights of way and restrictions of record affecting the subject property; 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. The Grantors do hereby covenant that they have the right to convey to the Grantee; that the Grantee shall have quiet and peaceable possession of the said property, free from all liens and encumbrances; and they will grant such further assurances of title as may be requisite. WITNESS the following signatures and seals: 2 CHARD G. DICK (SEAL) DONNA C. DICK Mkhael L Bryan 9 Court Square 2" Floor •rater, VA Deeds \Dick to Governor's Hill 4/18/06 STATE OF VIRGINIA, AT LARGE, CITY /COUNPY OF WI i nC7/ a. to-wit: The foregoing instrument was acknowledged before me on the alb day of 2006, by Richard G. Dick and Donna C. Dick, whose names are signed to the foregoing Deed dated the cD I may of ft 1 2006 My commission expires 1 )3 t'011) THIS INSTRUMENT PREPARED BY: Michael L. Bryan 9 Court Square Winchester, VA 22601 540 -545 -4130 NOTARX( PUBLIC iRUtN1A; FREDERICK COUNTY. SCT. his instrument of writing was produced to me on 0i0,t1 a ?Ao at R S Pr fn S with certificate of acknowledgement thereto annexed :.,s admitted to record. T imposed by Sec.58.1 -802 of 022 a nnd 5 8 ba�ve been paid, if assessable y 6 "/O Clerk L o CJ &hael 4 Bryan Court Square 2 Floor Winchester, VA 050027203 THIS DEED, made and dated this 16th of November, 2005,. by and between JGR THREE. LLC, a Virginia Limited Liability` Company, ELLEN. LLC, a Virginia Limited Liability Company, LCR. LLC a Virginia Limited Liability Company, ICC THREE. 73IiQ a Virginia Limited Liability Company SUSAN SANDERS. LLC, a Virginia Limited Liability Company, LIBERTY HILL, L.C. a Virginia Limited Liability Company, THOMAS A. pXCK, by RICHARD G. DICK, his Attorney -in Fact, TIMOTHY J. PICK, by RICHARD G. DICK, his Attorney -in -Fact, and MICHAEL E. DICK, by RICHARD G. DICK, his Attorney -in -Fact, hereinafter called the Grantors, and GOVERNOR'S HILL. L.L.C. a Virginia Limited Liability Company, hereinafter called 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, the Grantors do hereby grant and convey, with general warranty of title, unto the Grantee, in fee simple, all of that certain lot or parcel of land, together with the improvements thereon and all rights, rights of way and appurtenances thereto belonging, lying and being situate East of the City of Winchester, Virginia, in Shawnee Magisterial District, Frederick County, Virginia, fronting on the Southern side of U. S. Route 50, containing 14.2512 acres, and being more particularly described by that certain plat titled "Boundary Survey of the Land of JGR Three, LLC, et als drawn by Richard A. Edens, L.S., dated November 12, 2005, attached hereto and incorporated herein by reference as if set out in full; and being a portion of the lands conveyed to the Grantors herein by that certain Deed dated March 1, 2004, from dkbeel L. Bryuu 9 Court Square Y' Floor Wlurbnter, VA Carper's Valley Golf Club, L.P., a Virginia Limited Partnership, of record in the Clerk's Office of the Circuit. Court of Frederick County, Virginia as Instrument No. 040011820. Reference is made to the aforesaid instruments for a more particular description of the property herein conveyed. TAX MAP NO. 64 -A -83A This conveyance is made subject to all easements, rights of way and restrictions of record affecting the subject property; 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. This Deed is executed by Richard G. Dick, as Attorney -in- Fact for Thomas A. Dick, pursuant to Power of Attorney dated April 10, 2003, of record in the Clerk's Office of the Circuit Court of Frederick County, Virginia as Instrument No. 050026754. This Deed is executed by Richard G. Dick, as Attorney -in- Fact for Timothy J. Dick pursuant to Power of Attorney dated April 13, 2003, of record in the aforesaid Clerk's Office as Instrument No. 050026755. This Deed is executed by Richard G. Dick, as Attorney -in- Fact for Michael E. Dick pursuant to Power of Attorney dated November 26, 2003, of record in the aforesaid Clerk's Office as Instrument No. 050026756. The Grantors do hereby covenant collectively and individually that they have the right to convey to the Grantee; that the Grantee shall have quiet and peaceable possession of the said property, free from all liens and encumbrances; and they will grant such Further assurances of title as may be requisite. Michael L. Bryan 9 Court Square 2'• Floor Winchester, VA LIBERTY HILL, L.C. (SEAL) D G. DICK, 0 ,�qg !i1 (S i A. DICK, by RICHARD K, hi torn -i e •THY J. DICK, •y RI DICK, his Atto in -Fact tl WITNESS the following signatures and seals: JUR THREE, LLC Y K L&fl CH (SEAL) OHN G. RUSSELL, III, Manager By By By ELLEN, LLC 3 j NDC THREE, LLC 0 J cn (SEAL) OHN G. RUSSELL, III, Manager LCR, LLC SEAL) LID A C. RUSSELL, Manager /Cr (SEAL) OHN G. RUSSELL, III, Manager SUSAN SANDERS, LL "C�� -4-42, /Tj (SEAL) OHN G. RUSSELL, III, Manager =L b RICHARD DICK, his Attorney -in -Fact Michael L Bryan 9 Court Square 2" Floor Wioeberter, VA STATE OF VIRGINIA, AT LARGE, CITY /COUNTY OF WINCHESTER to -wit: The foregoing instrument was acknowledged before me on the 16th day of November, 2005, by John G. Russell, III, who is Manager of JGR THREE, LLC, a Virginia Limited Liability Company, and whose name is signed to the foregoing Deed on behalf of said limited liability company. My commission expires January 31, 2006 STATE OF VIRGINIA, AT LARGE, NOTARY PUBLIC CITY /COUNTY OF WINCHESTER to wit: The foregoing instrument was acknowledged before me on the 16th day of November, 2005, by John G. Russell, III, who is Manager of ELLEN, LLC, a Virginia Limited Liability Company, and whose name is signed to the foregoing Deed on behalf of said limited liability company. My commission expires January 31, 2006 STATE OF VIRGINIA, AT LARGE, CITY /GGUNTY OF WINCHESTER to -wit: The foregoing instrument was acknowledged before me on the MTh day of November, 2005, by Linda C. Russell, who is Manager of LCR, LLC, a Virginia Limited Liability Company, and whose name is signed to the foregoing Deed on behalf of said limited liability company. 0 J N Michael L. Bryan 9 Court Square 2s floor W inchnter, VA STATE OF VIRGINIA, AT LARGE, STATE OF VIRGINIA, AT LARGE, STATE OF VIRGINIA, AT LARGE, My commission expires January 31, 2006 NOTARY PUBLIC CITY/COUNTY OF WINCHESTER to -wit: The foregoing instrument was acknowledged before me on the 16th day of November, 2005, by John G. Russell, III, who is Manager of MDC THREE, LLC, a Virginia Limited Liability Company, and whose name is signed to the foregoing Deed on behalf of said limited liability company. My commission expires Jannuaary 31, 20066 jQ NOTARY PUBLIC CITY /COUNTY OF WINCHESTER to wit: NOTARY PUBLIC CITY /COUNTT"OF Winchester to -wit: 0 J C./1 The foregoing instrument was acknowledged before me on the 16th day of November, 2005, by John G. Russell, III, who is Manager of SUSAN SANDERS, LLC, a Virginia Limited Liability Company, and whose name is signed to the foregoing Deed on behalf of said limited liability company. My commission expires January 31, 2006 The foregoing instrument was acknowledged before me on the 16th day of November, 2005, by Richard G. Dick, who is Manager of LIBERTY HILL, L.C., a Virginia Limited Liability Michel L Bryan 9 Court Squirt Y' Floor Winchester, VA Company, and whose name is signed to the foregoing Deed on behalf of said limited liability company. My commission expires January 31. 2006 STATE OF VIRGINIA, AT LARGE, CITY /Cebs.si OF WINOHESIER to -wit: NOTARY PUBLIC 0 U1 r The foregoing instrument was acknowledged before me on the 16th day of November, 2005, by Richard G. Dick, Attorney -in -Fact for Thomas A. Dick, whose name is signed to the foregoing Deed. My commission expires January 31, 2006 NOTARY PUBLIC STATE OF VIRGINIA, AT LARGE, CITY /COUNTY. OF WINCHESTER to -wit: The foregoing instrument was acknowledged before me on the 16th day of November, 2005, by Richard G. Dick, Attorney -in -Fact for Timothy J. Dick, whose name is signed to the foregoing Deed. My commission expires January 31, 2006 STATE OF VIRGINIA, AT LARGE, CITY /C'Bt7NTR OF WINCHESTER to -wit: The foregoing instrument was acknowledged before me on the 16th day of November 2005, by Richard G. Dick, Attorney -in -Fact for Michael E. Dick, whose name is signed to NOTARY PUBLIC 6 Michael L Bryan 9 Court Square Yd Floor Winchester, VA the foregoing Deed. My commission expires January 31, 2006 NOTARY PUBLIC THIS INSTRUMENT PREPARED BY: Michael L. Bryan 9 Court Square Winchester, VA 22601 540 545 -4130 Deeds \JGR Three to Governor's Hill 7 0 01 cn V1RUINIA: FREDERICK COUNTY. SCT. This instrument of writing was produced to ore on I -�I-o at and with with cert�acimowledgement thereto annexed was admitted to reword T imposed by Sc c 3g.1 -802 of S I °1 and SM-£101 have been pd4K Uwbbin Ai auk as: 070004129 QUIT CLAIM DEED THIS QUIT CLAIM DEED, made and dated this ],rt\ day of January, 1998, by and between MARY K. HOC tl AN and ADOLPH Lar,S,Ma of the one part, hereinafter called the Grantors and The MARY K. HOC KMAN TRIIST hereinafter called the Grantee. WITNESSETH: That for and in consideration of the sum of Ten Dollars ($10.00), and other good and valuable consideration, the receipt of which is hereby acknowledged, ty the Grantors do hereby grant and convey unto the Grantee all of their right, title and interest �Y including any inchoate right they might have by virtue of ownership or by virtue of their marital relationship to Grantor or stemming from the augmented estate as that is defined in Section 64.1, et seq., of the Code of Virginia (1950), as amended, or any other rights a which they might now have or hereafter acquire, in and to those certain lots or parcels of C Z) land, together with all rights, rights of way and appurtenances thereto belonging and improvements thereon, located in the County of Frederick, Virginia and better described as: 1484 Route 50 East, 1486 Route 50 East and 1488 Route 50 East and also known All that certain tract or parcel of land, together with the improvements thereon and appurtenances thereunto belonging, situate on the south side of U.S. Route 50, commonly known as Millwood Pike, approximately two (2) miles southeast of the City of Winchester, in Shawnee Magisterial District, Frederick County, Virginia, containing 27 acres, more or less, and being the same property conveyed to Mary K. Hockman by W.R. Cook by Deed dated February 26, 1992 and recorded August 3, 1992 in Deed Book 781 at Page 1708 in the Office of the Clerk of the Circuit Court of Frederick County, Virginia. LESS AND EXCEPT a conveyance therefrom of 1.260 acres, more or less, to the Commonwealth of Virginia for the location, construction or other improvement of a portion of said Route 50, by Deed dated May 2,1 1970 and recorded July 9, 1970 in Deed Book 365 at Page 692 in the aforesaid Clerk's Office. 0 0 rV r This conveyance is made together with but subject to restrictions, reservations, easements and agreements of record to the extent that they may lawfully apply to the property herein conveyed. Reference is hereby made to the above mentioned deed and records and to the references therein referred to for a mom particular description of the real estate herein conveyed and for further derivation of title. WITNESS the following signatures and seals: n ary K H• kman My Commission expires: /o /31/00 Clerk AL) SEAL) Adolph Hockman STATE OF \lir4tnt a CITY OF WINCHESTER, TO WIT: The foregoing instrument was acknowledged before me this 12th day of January, 1998, by Mary K. Hockman and Adolph Hockman. VIRGINIA: FREDERICK COUNTYSCT This instrument of writing was produced to me on and with certificate acknowledgement thereto annexe was admitted to record. Tax imposed by Sec.58.1 -802 of +LNSNl., and 58.1 -801 have been paid, if acsessable. at 1 p -ato Notary blic Pursuant to Section 58.1- 811(d) of the Code of Virginia, 1950, as amended, no recording tax is applicable to this conveyance. 1 wms oii i N com mission&.. Catherine A. landry s r� Notary Pobdc; Kim