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HomeMy WebLinkAbout02-12 Deed0 .10001988 0 THIS DEED AND DEED OF BOUNDARY LINE ADJUSTMENTS AND EASEMENT, made and dated this 10 day of February, 2011, by and between BOWMAN- SHOEMAKER COMPANIES, INC. (formerly known as JASBO, INC.), a Virginia Corporation ( "Bowman- Shoemaker "), ALIZARIN CRIMSON, LLC a Virginia Limited Liability Company ( "Alizarin "), JUDITH BRIM CATES STEPHEN DUBOIS BRIM and HILARY JUEL AFSHARY (formerly known as HILARY M. LEWIS JUEL) (the "Brim Family "). RECITALS: A. Bowman- Shoemaker is vested with fee simple title to u H v 0 N O U u ai O�U F X �o G ❑ v ro -� � v o cq M v] that certain tract or parcel of land lying and situate in Back Creek Magisterial District, Frederick County, Virginia, located on the Northwest side of Valley Pike (U. S. Route 11), containing 9.7169 acres, more or less, and being the same tract or parcel of land acquired by Jasbo, Inc., a Virginia Corporation, by that certain Deed dated March 2, 2005, of record in the Clerk's Office of the Circuit Court of Frederick County, Virginia as Instrument No. 050004465 and by Deed dated March 2, 2005, of record in the aforesaid Clerk's Office as Instrument No. 050004466. Tax Map,No. 75 -A -2C (the "Bowman - Shoemaker Parcel "). Subsequent thereto, Jasbo, Inc. changed its corporate name to Bowman- Shoemaker Companies, Inc., as set forth in that certain Certificate of Change of Name, of record in the aforesaid Clerk's Office as Instrument No. 070017367. B. Alizarin is vested with fee simple title to that Michael L. Bryan 116 S. Braddock St. Winchester, VA certain parcel of land lying and being situate in Back Creek Magisterial District, Frederick County, Virginia, situate on the Western side of Prosperity Drive, containing 1.5489 acres, more or less, designated as Lot 10, Kernstown Business Park, Section 1, and being the same parcel of land acquired by that I P 0 L : MW 0 0 J certain Deed dated July 18, 2006, of record in the aforesaid Clerk's Office as Instrument No. 060013844. Tax Map No. 75 -A- 2R (the "Alizarin Parcel "). C. The Brim Family is vested with fee simple title to that certain tract or parcel of land lying and being situate in Back Creek Magisterial District, Frederick County, Virginia, containing 27.00 acres, more or less, fronting on the Northern side of Springdale Road (Route 649); and being the same lands acquired by Judith Brim Cates, Stephen DuBois Brim and Hilary M. Lewis Juel (now known as Hilary Juel Afshary) by that certain Deed dated December 31, 1975, of record in the Clerk's Office of the Circuit Court of Frederick County, Virginia in Deed Book 453, at Page 35, by that certain Deed of Gift dated November 20, 1983, of record in the aforesaid Clerk's Office in Deed Book 568, at Page 364, by that certain Deed of Gift dated January 10, 1991, of record in the aforesaid Clerk's Office as Instrument No. 910000290 (Deed Book 755, Page 491), and by Deed of Clarification dated December 26, 2000, of record in the aforesaid Clerk's Office as Instrument No. 000013515 Family Parcel "). Tax Map No. 74 -A -71 (the "Brim D. The parties hereto have agreed to convey various Michael L. Bryan .16 S. Braddock St. Winchester, VA parcels of land so as to adjust the respective boundaries of the Bowman - Shoemaker Parcel, the Alizarin Parcel and the Brim Family Parcel and further to grant certain easements, as more particularly described on that certain plat titled "Final Plat For Boundary Line Adjustment Between The Lands of Bowman - Shoemaker Companies, Inc., Alizarin Crimson, LLC And Judith Brim Cates, et al" dated November 15, 2010, drawn by Richard A. Edens, L.S., a copy of which is attached hereto and 2 0 incorporated herein by reference as if set out in full (the "BLA Plat "). NOW, THEREFORE, WITNESSETH: That for and in consideration Hof the premises conveyed, and other good and valuable consideration deemed adequate at law, the receipt and sufficiency of which is hereby acknowledged, the parties do lagree as follows: 1. RECITALS The Recitals are incorporated herein and made a material part hereof as if set out in full. 2. Bowman - Shoemaker hereby grants and conveys, with general warranty and English covenants of title, unto Judith Brim Cates, Stephen DuBois Brim and Hilary Juel Afshary, as tenants in common, in the following percentages: a 40% interest to Judith Brim Cates, a 40% interest to Stephen DuBois Brim, and a 20% interest to Hilary Juel Afshary, in that certain lot or parcel of land containing 0.7353 acre, more or less, designated as "0.7353 Acre Portion of T.M. 75 -A -2C Hereby Added To And Made A Part Of T.M. 74 -A -71" on the attached BLA Plat (the "Brim BLA Parcel "). This conveyance of the Brim BLA Parcel 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. 3. BRIM FAMILY CONVEYANCES (a) Brim Family hereby grants and conveys, with Michael L. Bryan 116 S. Braddock St. Winchester, VA general warranty and English covenants of title, unto Bowman- Shoemaker that certain parcel of land containing 0.4989 acre, N 0 0 more or less, designated as "0.4989 Acre Portion Of T.M. 74 -A- 71 Hereby Added To And Made A Part of T.M. 75 -A -2C" on the attached BLA Plat (the "Bowman- Shoemaker BLA Parcel "). This conveyance of the Bowman - Shoemaker BLA Parcel 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. (b) The Brim Family grants and conveys, with general warranty and English covenants of title, unto Alizarin that certain parcel of land containing 0.1439 acre, more or less, designated as "0.1439 Acre Portion Of T.M. 74 -A -71 Hereby Added To And Made A Part of T.M. 75 -A -2R" on the attached BLA Plat (the "Alizarin BLA Parcel "). This conveyance of the Alizarin BLA Parcel 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. 4. ADJUSTMENT OF BOUNDARY LINES (a) Bowman- Shoemaker hereby adjusts the boundaries of Michael L. Bryan 116 S. Braddock St. Winchester, VA the Bowman - Shoemaker Parcel so as to account for the off- conveyance of the Brim BLA Parcel (0.7353 acre, more or less) to the Brim Family and the acquisition of the Bowman - Shoemaker BLA Parcel (0.4989 acre, more or less) from the Brim Family, so that the boundaries of the Bowman- Shoemaker Parcel shall be in accordance with that certain parcel of land designated as "Adjusted Tax Parcel 75 -A -2C" on the attached BLA Plat (the "Adjusted Bowman - Shoemaker Parcel "). As adjusted hereby, the I 0 Adjusted Bowman - Shoemaker Parcel shall contain 9.4806 acres, more or less, as more particularly described on the attached BLA Plat. Tax Map No. 75 -A -2C. (b) The Brim Family hereby adjusts the boundaries of the Brim Family Parcel to account for the off - conveyance of the Bowman - Shoemaker BLA Parcel (0.4989 acre, more or less) and the Alizarin BLA Parcel (0.1439 acre, more or less), and the acquisition of the Brim BLA Parcel (0.7353 acre, more or less), so that the boundaries of the Brim Family Parcel shall be in accordance with that certain parcel of land designated as "Adjusted Tax Parcel 74 -A -71" on the attached BLA Plat (the "Adjusted Brim Family Parcel "). As adjusted hereby, the Adjusted Brim Family Parcel shall contain 27.09 acres, more or less, as more particularly described on the attached BLA Plat. Tax Map No. 74 -A -71. (c) Alizarin hereby adjusts the boundaries of the Alizarin Parcel to account for the acquisition of the Alizarin BLA Parcel (0.1439 acre, more or less) so that the boundaries of the Alizarin Parcel shall be in accordance with that certain parcel of land designated as "Adjusted Tax Parcel 75- A -2R" on the attached BLA Plat (the "Adjusted Alizarin Parcel "). As adjusted hereby, the Adjusted Alizarin Parcel shall contain 1.6927 acres, more or less, as more particularly described on the attached BLA Plat. Tax Map No. 75 -A -2R. 5. GRANT OF EASEMENTS (a) The Brim Family hereby grants and conveys unto Michael L. Bryan 116 S. Braddock St. Winchester, VA Bowman - Shoemaker that certain temporary grading easement, 20 feet in width, over a portion of the Brim Family Parcel and the Brim BLA Parcel, designated as "Hatched Area Denotes a 20' I 5 0 0 0 Temporary Grading Easement Hereby Established For The Benefit Of Adjusted Tax Parcel 75 -A -2C" as more fully set forth on the attached BLA Plat(the "Bowman- Shoemaker Temporary Grading Easement "). The Bowman - Shoemaker Temporary Grading Easement shall expire ninety (90) days after completion and acceptance of a public street located adjacent to said easement. The Bowman - Shoemaker Temporary Grading Easement shall run with the title to the Adjusted Brim Family Parcel for the benefit of the Adjusted Bowman- Shoemaker Parcel and shall extend to and run for the benefit of the successors in interest and assigns of Bowman - Shoemaker. (b) Bowman - Shoemaker grants and conveys unto the Brim l Family a temporary grading easement, 20 feet in width, over a portion of the Bowman - Shoemaker Parcel, designated as "Dot - Shaded Area Denotes a 20' Temporary Grading Easement Hereby Established For The Benefit Of Adjusted Tax Parcel 74 -A -71" on the attached BLA Plat (the "Brim Temporary Grading Easement "). The Brim Temporary Grading Easement shall expire ninety (90) days after completion and acceptance of a public street located adjacent to said easement, or ninety (90) days after completion of a commercial entrance serving the Brim Family Parcel. The Brim Temporary Grading Easement shall run with the title to the Adjusted Bowman - Shoemaker Parcel for the benefit of the Adjusted Brim Family Parcel and shall extend to and run for the benefit of the successors in interest and assigns of the Brim Family. (c) Bowman- Shoemaker agrees to provide such utility Michael L. Bryan 116 S. Braddock St. Winchester, VA easement or easements over a portion of the Bowman - Shoemaker Parcel for the benefit of the Brim Family Parcel as are L^ 0 0 reasonably necessary to provide access to public water, public sewer, telephone, electric and gas service located on or adjacent to the Bowman- Shoemaker BLA Parcel (the "Utility Easements "). The extension of utility service to the Brim Family Parcel shall be at the sole cost and expense of the Brim Family. The Utility Easements shall be located upon a portion of the Bowman- Shoemaker BLA Parcel so as to allow the extension of water, sewer, telephone, electric and gas service to the Brim Family Parcel at a location or locations that shall not unreasonably interfere with the future development of the Bowman - Shoemaker BLA Parcel, as reasonably determined by Bowman - Shoemaker. The Utility Easements granted herein shall run with the title to the Bowman- Shoemaker BLA Parcel for the benefit of the Brim Family Parcel. (d) Alizarin agrees to provide such utility easement Michael L. Bryan 116 S. Braddock St. Winchester, VA or easements over a portion of the Alizarin BLA Parcel for the benefit of the Brim Family Parcel as are reasonably necessary to provide access to public water, public sewer, telephone, electric and gas service located on or adjacent to the Alizarin BLA Parcel (the "Utility Easements "). The extension of utility service to the Brim Family Parcel shall be at the sole cost and expense of the Brim Family. The Utility Easements shall be located upon a portion of the Alizarin BLA Parcel so as to allow the extension of water, sewer, telephone, electric and gas service to the Brim Family Parcel at a location or locations that shall not unreasonably interfere with the future development of the Alizarin BLA Parcel, as reasonably determined by Alizarin. The Utility Easements granted herein shall run with the title to the v 7 0 Alizarin BLA Parcel for the benefit of the Brim Family Parcel. 6. FREDERICK COUNTY CONSENT The County of Frederick, Virginia consents to the terms of this Deed and Deed of Boundary Line Adjustments as evidenced by its execution of the BLA Plat. WITNESS the following signatures and seals: BOWMAN - SHOEMAKER COMPANIES, INC. By: ,,1 Beverle B. Shoemaker, President STATE OF VIRGINIA, AT LARGE, CITY/'gY OF �� np plQ/ to -wit: The foregoing instrument was acknowledged before me on Ff,by-VAe L( the & ILA/ day of +a-nt3a-rp, 2011, by Beverley B. Shoemaker, who is President of Bowman- Shoemaker Companies, Inc., a Virginia Corporation, on behalf of said Corpo My commission expires s M. NE - ��'.•�OTAFlY • '•��2�L a�f pU[3LC L.* #138 `7 ALIZARIN CRIMSON, LLC By: (SEAL) Beverley B. Shoemaker, Manager Michael L. Bryan 116 S. Braddock St. Winchester, VA STATE OF VIRGINIA, AT LARGE, CITY /e6U3`T OF YJ#�nc e1 , to -wit: The foregoing instrument was acknowledged before me on the Q�0 day of dance m , 2011, by Beverley B. Shoemaker, who is Manager of Alizarin Crimson, LLC, a Virginia Limited Liability Company, on behalf of s My commission expires %``` �urrnrg rq �. vS M. N � _ • • NOTARY'•.�i' PUBLIC • • 2 �°r [ REG. #138448 •: •Jt 7/,Y .,,nerr, +ISSION Q _ J '3 Company. ruai,rL i 0 4 U (SEAL) DITH BRIM CA ES Michael L. Bryan 116 S. Braddock St. Winchester, VA i STATE OF � � /N A, LARGE, CITY /COUNTY OF , to -wit: The foregoing instrument was acknowledged before me on the /,S day of Efggu p2Y 2011, by Judith Brim Cates. My commission expires oz�lleo /3 ... ...........DALE ....... ELPIT.......•••• ; o?�pnr a , Comm #DD0860487 Expires 2/1112013 .. g Mg Notary Assn.. Inc Z ::............. ........................:.:::fi a ro NOTARY PUBLIC Q" (SEAL) S EUBOIS BRIM STATE OF t7TR AT LARGE, f, CITY /Cs9f OF 1 , to -wit: Th_e instrum >nt was ac before me on A0 )14 - the y1f day of /S /2/ �� Ol�St phen DuBois Brim. My commission expiresl.�� KAREN R.BELFORD REGISTRATION# 138399 COMMONWEALTH OF VIRGINIA MY COMMISSION EXPIRES A D � . " (SEAL) RY ZVEL AFSHARY STATE OF , AT LARGE, CITY /COUNTY OF 1 61W r , to -wit: The foregoing instrument was acknowledged before me on the _to__ day of , 2011, by Hilary Juel Afshary. My commission expires 3y/a0 NOT RY PUBLIC C i My Commission Expires O8I30I2012 F_ 1 0 FINAL PLAT FOR BOUNDARY LINE ADJUSTMENT BETWEEN THE LANDS OF BOWMAN-SHOEMAKER COMPANIES, INC., ALIZARIN CRIMSON, LLC AND JUDITH BRIM CATES, ET AL BACK CREEK MAGISTERIAL DISTRICT, FREDERICK COUNTY, VIRGINIA NOVEMBER 15, 2010 S' �..s'... D bf erl/ Q � �° Exit \ / �9 310 4 C71 � Bartonville G � . \cvp 1187 cf VICINITY MAP 1 = 2, 000' SURVEYOR'S CERTIFICATE I HEREBY CERTIFY THAT THE LAND CONTAINED IN THIS BOUNDARY LINE ADJUSTMENT SURVEY IS (i) ALL OF THE LAND CONVEYED TO JASBO, INC. BY TWO DEEDS, BOTH DATED MARCH 2, 2005, OF RECORD IN THE FREDERICK COUNTY CIRCUIT COURT CLERK'S OFFCE AS INSTRUMENTS No. 050004465 AND 050004466 (THE SAID JASBO, INC. HAVING SINCE CHANGED THE NAME OF THE CORPORATION TO BOWMAN — SHOEMAKER COMPANIES, INC., AS EVIDENCED BY CERTIFICATE OF CHANGE OF NAME DATED NOVEMBER 7, 2007 OF RECORD IN SAID CLERK'S OFFICE AS INSTRUMENT No. 070017367), (ii) ALL OF THE LAND CONVEYED TO ALIZARIN CRIMSON, LLC BY DEED DATED JULY 16, 2006 OF RECORD IN SAID CLERK'S OFFICE AS INSTRUMENT No. 0 60 0 1 384 4 AND (iii) A PORTION OF THE LAND CONVEYED TO JUDITH BRIM CATES, STEPHEN DUBOIS BRIM AND HILARY ✓UEL AFSHARY (FORMERLY HILARY A LEWIS JOEL) BY THE FOLLOWING DEEDS: A DEED DATED DECEMBER 31, 1975 OF RECORD 1N SAID CLERKS OFFICE IN DEED BOOK 453 AT PAGE 35 AND A DEED DATED JANUARY 10, 1991 OF RECORD IN DEED BOOK 755 AT PAGE 491, AS CLARIFIED BY A DEED OF CLARIFICATION DATED DECEMBER 26, 2000 OF RECORD IN SAID CLERK'S OFFICE AS INSTRUMENT A, No. 000013515. RICHARD A. EDENS, L.S. NOTE: PARENT TAX PARC IDENTIFICATION (i) T.M. 75 —A -2C BOWMAN — SHOEMAKER COMPANIES, INC. 9.7169 ACRES ZONE: B3 USE. VACANT (ii) T.M. 75—A-21? ALIZARIN CRIMSON, LLC 1.5489 ACRES ZONE: B3 USE' VACANT (iii) T.M. 74—A-71 JUDITH BRIM CATES, ET AL 27.00 ACRESI ZONE RA USE AGRI. APPROVAL: ,SALTH OFD Ze25 FREDERICK COUNTY SUBDIVISION ADMINISTRATOR DATE ° RICHARD A. EDENS y LIC. N0. 2550 ® ® ® ® ®p �p ® ®�a pp p��a GREE®�� A E6C1GONEERING5INC. 151 Windy Hill Lane Engineers y, O � Winchester, Virginia 22602 Surveyors S U wq Telephone: (540) 662 -4185 FAX. (540) 722 -9528 Founded in 1971 4613 SHEET 1 OF 7 www.greenwayeng.com BND 10 -14 0 .. 0 I CERTIFICATE THE ABOVE AND FOREGOING BOUNDARY LINE ADJUSTMENT BETWEEN THE LANDS OF BOWMAN — SHOEMAKER COMPANIES, INC. (FORMERLY KNOWN AS JASBO, INC.), ALIZARIN CRIMSON, LLC AND JUDITH BRIM CATES, STEPHEN DuBOIS BRIM AND HILARY DUEL AFSHARY (FORMERLY HILARY M. LEWIS JOEL), 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. BOWMAN — SHOEMAKER COMPANIES, INC. ALIZARIN CRIMSON, LLC BY.•� i♦ 1 / �i a >r� ��in-in .�, �Ai d . BY Cl! /iii. n 2� ._, B✓1 . PdI L�Ja! I IO � ' BEVERLEY . SHOEMAKER, PR SIDENT � BEl/ERL a B. SHOEMAKER, PAN JUDITH BRIM CA TES STEPHEN DuBOIS BRIM HILARY A AFSHARY �' • •'71 STATE OF CITY /COUNTY OF L TO WIT.- c THE FOREGOING OWNERS CERTIFICATE WAS ACKNOWLEDGED s '• ��) y .� p� B (j : QO ME THIS --�= DAY OF / 201L F OF col. BE FORE Hilary Juel Afshary My Commission Expires 08130/2 MY COMMISSION EXPIRES L_ , 20—LL. REGISTRATION No. NOTARY PU IC STATE OF FL CITY / COUNTY OF S4e A-aoT,� TO WIT ................... " ••'••'••' DALE DELPIT THE FOREGOING OWNER CERTIFICATE WAS ACKNOWLEDGED :•'` PL DD0860467 M1 (rgqT# BEFORE ME THIS /S L DAY OF 20 � = Expires 211 1/2013 BY 1)AL 3£ / %?.. °�0 Florida Notary Assn -Inc Judit Brim C ates °��•••••••�•••• ...............•.i MY COMMISSION EXPIRES e Z111 20 AT QF" � TT o _ w t. NOTARY PUBLIC e ore going owner s certifica e was ac now e fed beoi me this r day o Februar 2011 bte Hen DuBois Brim. M commission ex Tres Jul e 31 2013 I. N R PUBLIC STATE OF J I �� NOTARY PUBLIC REGISTRATION#138399 CITY / 73 OF 1 A./ TO WIT, COMMONWEALTH OF VIRGINIA , MY COMMISSION EXPIRES THE FOREGOING OWNERS CERTIFICATE WAS ACKNOWLEDGED JULY31, 2013 BEFORE ME THIS a� DAY OF 1 .e 201) BY ur� • S1'1w w5 f sl d 5� �Gltl 1 MY COMMISSION EXPIRES 31 20> . ' ��'1/ REGISTRATION No. 1394R �\ ' 0 2 : p�6 _NO ARY PUBLIC FINAL PLAT FOR BOUNDARY LINE A , BETWEEN THE LANDS OF N TH OF BOWMAN- SHOEMAKER COMPANIES, lNG`;•��;aio�yEp� ALIZARIN CRIMSON, LLC AND JUDITH BRIM CATES, �T'i�Y' .� 34CK CREEK A/AGISTER64L DISTRICT, FREDERICK COUNTY, VIRGINIA v RINN A. EDENS a Lic. No. 2550 t SCALE. NIA I DATE. NOVEMBER 15, 2010 GREEN G,g� N�g pppp ���9F1C�� ���1�9F1����Al`dG9 INC. 151 Windy Q Hill Lane E ngin eers Winchester, Virginia 22602 suit ors Telephone: (540) 662 -4185 FAX. (540) 722 -9528 Founded in 1971 1 461J SHEET 2 OF 7 BND 10 -14 www.greenwayeng.com .. 0 MATCH LINE - MATCH TO SHEET 4 55 Q G ' in N N ^ I �2.r2�o S rb N 10 °rnt m CONCRETE FLOOR ZONE. B3 ZONE. B2 U 1 AND FOUNDA77ON 1 3 v 3 ADJUSTED WV� FH OF BUILD�NGR Lu o TAX PARCEL i I •W�HMH 2 m 2 Q W '� a o f 75 -A -2C I I Z Z y � 9.4806 ACRES �'v j 2 20' F.C.S.A. fH WATERLINE EASEMENT -- I }a I I ¢ o o W N DB 696 PG 603 I I I I 'WM I WM. ZONE. B3( 15'BRL L- - - - - -J Lo,,z. ��-- "WIC L `` - - - - -- Wv 1 BRL P 3 RF� ZONE.• B2 3/4'� IT RF �IRF y2�2 v IRF *J2 M S 35'3235' W IS 35 35 W m 175.00' 225.00' 1 IN N i WI m U N N SSlih A ( �jOONa o z 3 ho�W I I h�oW a t • ^U 20 cucvERr g X 22°`' C m 4i W 910'Zk TO COURSES WITH ASTERISK( *) N N BRL NEW LOT LINES PROSPERITY DRIVE HEREBY RTE 1129 ESTABLISHED. 3/4' 717 IRF L1 1 IRF - P OVERHEAD 100 0 100 UTILITY WIRES VALLEY PIKE SEE HEFT 7 FOR LINE GRAPHIC SCALE U.S. ROUTE 11 DATA, CURVE DATA, LEGEND, (IN FEET) 80' R/W - OB 165 PG 77 N07ES AND AREA TABUL4770N. FINAL PLAT FOR BOUNDARY LINE ADJUSTMENT BETWEEN THE LANDS OF S J TH 0 BOWMAN - SHOEMAKER COMPANIES, INC., y ALIZARIN CRIMSON, LLC AND JUDITH BRIM CA TES, ET AL a:�.�_ x BACK CREEK MAGISTERAL DISTRICT, FREDERICK COUNTY, VIRGINIA ° RICHARD A. EDENS a SCALE. 1' = 1100' A 2010 LTC. No. 2550 �+� ®p ®p � DATE. @� REtl�NW ENGAY INEERIO�FGp INC. 1� i5 q�d i0 151 Windy Hill Lane Wi Wm nchester, Virginia 22602 S`URN�'�O Surveyors Telephone: (540) 662 -4185 Founded in FAX: (540) 722 -9528 1971 4613 SHEET 3 OF 7 BND 10 -14 www.greenwayeng.com 0 Q a of ti 65. �C Q D pTp �C `2215 IV COT ORIO IIV444Y * /�RQ Qg `� O9 583 PG 495 S 4 j RNIRO p�R & S WD PG 513" 5 95 42. p2 W P.4R/ ,', apMP!IV,, BURG q Tp /RS DS 69 TH Re W /pE O NCE SEE Ot74/CPG r36 SHED 6 OI�RHEgD UT y W / RES /RS�o ADJUSTED TAX PARCEL 0.4989 ACRE 74 POR77ON OF T.M. 74-A-71 HEREBY ADDED TO AND MADE * F 27.09 ACRESf APART OF T.M. 75 -A -2C A 4 8 (BY ARITHMETIC) HATCHED AREA DENOTES A 20' -+ Q � � y h� TEMPORARY GRADING EASEMENT HEREBY m N r N� 0 C14 ESTABLISHED FOR THE BENEFIT OF 2 0 ADJUSTED TAX PARCEL 75 -A -2C. hl 9 y ° 2 ``� o 50' BRL POR77ON OF EXISTING �tl m o y —� Cam+ i BOUNDARY LINE 2 WIRE HEREBY VACATED I ° N tWIRE FENCE y i x off_: IRS ZONE. R4 TM. 74 7A -71 FENCE h IRF IN BROKEN ZONE' B3 L6 TM. 75 —A METAL POST �. %� 's• 0.7353 ACRE AT FENCE Cpl INTERSECTION Cl* �'_. , POR77ON OF TM. 75 A -2C i HEREBY ADDED TO AND .\ �p N MADE A PART OF .. L3* � .. T.M. 74 -A -71 N i ps 15' BRL U 15' BRL FUTURE STREET ' 60 R 0 2 c DOT- SHADED AREA DENOTES J� " ° I �'.�S 0 OO1 X87 N = i I A 20' lEMPORARY GRADING / C2* a lRS 00 EASEMENT HEREBY JJ N � C3* _ c3 iu I ESTABLISHED FOR THE v BENEFIT OF ADJUSTED TAX tAj aNp N L' 2 1 J PARCEL 74 -A -71. O cQ to h �C •• ;Z ADJUSTED ti m TAX PARCEL w �, o Uj W W 75 -A -2C 00 a z v3 N ° 9.4806 ACRES MATCH LINE - MATCH TO SHEET 3 SSHEET 7 FOR LINE DATA, CURVE DATA, LEGEND, 100 0 100 x_ NOTES AND AREA TABULATION. COURSES W17H ASTERISK(*) DENOTE NEW LOT LINES GRAPHIC SCALE HEREBY ESTABLISHED. (IN FEET) RNAL PLAT FOR BOUNDARY LINE ADJUSTMENT BETWEEN THE LANDS OF ,, o$,A BOWMAN - SHOEMAKER COMPANIES, INC., ALIZARIN CRIMSON, L LC AND JUDITH BRIM CA TES, ET AL BACK CREEK MAGISTERIAL DISTRICT, FREDERICK COUNTY, VIRGINIA U RICHARD A. EDENS a SCALE: 1" = 100' DATE: NOVEMBER 15, 2010 LTC. No. 2550 GREENWAY ENGINEERING, INC. u -.s -.o l �i�� 151 Windy Hill Lane T�nchester, Virginia 22602 UR �`LO S Q Surveyors Telephone: (540) 662 -4185 FAX.- (540) 722 -9528 Founded in 1971 4613 SHEET 4 OF 7 BND 10 -14 www.greenwayeng.com • 0 0 NOTE SEE SHEET 7 R CURVE DATA, LEGEND, f P�5 NOTES AND AREATABULATTON. OG 2 COURSES WITH ASTERISK(*) DENOTE NEW LOT LINES \0 HEREBY ESTABLISHED. P �Ek 6 0 0 OR /G /mil y q C is \ CNF & 9 B 8B / , ANC N SfF p�n S 47'05 23 W � s OST 0 Z4 >36 �O 42.02' TO IRS Z15 0 1 /l s C yE� 1lpgNy /RS 8 d \ lYi �\\\ ^^ � RfFf NCf SFFfgR \/ 65' POWER RIGHT OF WAY Q Q CRF Syf�fly� POTOMAC EDISON CO. i 2 y / l 6 n % ,^ e DB 583 PG 585 rii N ^ OVFRN & DB 582 PG 495 \ \ \ J n fS Pp Q `}� LINE HEREBY BO AC47ED z m = 3 = o j 0.1439 ACRE W N ti tit PORTION OF T.M. h W g W m 74-A-7 HEREBY m o c$ 4 ~ m ` o 4'5 ADDED TO AND ' `� ti C' / MADE A PART OF Q J T.M. 75 -A -2R y c m h zz ZONE R4 2 zoNE B3 W /RE i ADJUSTED TAX I3 N Q rL ONCE PARCEL 75 A 2R ? N o ° j I N J- LOT 10 KERNSTOWN BUSINESS N PARK SECTION — �?� N41, �3 "� o 1.6927 ACRES v o V o IRF ` BRC m \ 2 0 pe417 /z/� 449, c 60 Rf SjR�c 2 1 * {y 'IP NTR N _ 60 073 LO l p o _ -- t- - - -- 60" j1YSRY�R�yE -- — — —\ pG /341 UTILITY EASEMENT \ 120' ADJUSTED T.M. 75 -A -2C I PER R 1341T SEE SHEETS 3 & 4 DB 80 0 80 I TM 75 -A-2H LOT 11 C4RLTON R. NEWLIN 20' TELEPHONE EASEMENT GRAPHIC SCALE (IN FEET) I DB 974 PG 1699 BELL ATLANTIC- VIRGINIA, INC. ZONE. B3 USE COMMERCIAL DB 955 PG 1556 FINAL PLAT FOR BOUNDARY LINE ADJUSTMENT BETWEEN THE LANDS OF $ 1,LTH o BOWMAN - SHOEMAKER COMPANIES, INC., ALIZARIN CRIMSON, LLC AND JUDITH BRIM CA TES, ET AL Ao - BACK CREEK MAGISTERIAL DISTRICT, FREDERICK COUNTY, VIRGINIA v RICHARD A. ENS �5 LTC. No. 2550 le SCALE. 1" = 80' DATE' NOVEMBER 15, 2010 ���fa Yq N N NG 9tltl�F! � ®Ft��ll ®����AFI`�9' INC. q�d 151 Windy Hill Lane Engine Wnchester, Virginia 22602 �O $I7R s Telephone: (540) 662 -4185 FAX.- (540) 722 -9528 Founded in 1971 4613 SHEET 5 OF 7 www.greenwayeng.com BND 10 -14 0 0 r 0 0 N Qryh OF �o06�oe C.S X RAILROAD ORIGINALLY WINCHESTER & STRASBURG RAILROAD COMPANY VARIABLE WIDTH R/W SEE DS 88 PG 136 GORE AREA R.R. VALUATION R.R. VALUATION MAP MAP S7A770N 1954+00 203 SO. FEET STATION RAILROAD TRACKS SEE N07E BELOW 1951 +00 o RAILROAD BOUNDARY o L12 NAIL FOUND PER VALUATION MAP IRF W /R£ FENCE IN POSl� SEE NOTE BELOW "� L 11 IRF L 13 — o o a IRS L5 IRS L8 w L9 WIRE FENCE IRF W OD 3 65' POWER R/W F — — —15' BRL— — — — — — Cl< POTOMAC EDISON CO. OVER FAD U77UTY WIRES N ° DB 583 PG 585 w o. & DB 582 PG 495 NW BOUNDARY OF LOT 10 3 0 PER RECORD PLAT o —� — AD USTED T M. 75 —A-2R �o — — — - - - - - -- - - - - -- LOT 10 " ADJUSTED ADJUSTED o o I SEE SHEET 5 C ' ) �' T.M. 74 —A -71 T.M. 75 —A -2C 20' SHENANDOAH GAS I�T SEE SHEET 4 SEE SHEETS 3 & 4 CO. EASEMEN OB 733 PG 27 DETAIL OF RAILROAD BOUNDARY 50 0 50 GRAPHIC SCALE (IN FEET) NOTE SHOWN ON THIS PLAT, IN ADD177ON TO THE SUBJECT PROPERTY, IS A GORE AREA CONTAINING 203 SQUARE FEET (OR 0.0047 ACRE) WHICH IS NOT INCLUDED IN THE STATED ACREAGE OF ADJUSTED TAX PARCEL 75 —A -2R (LOT 10 — KERNSTOWN BUSINESS PARK — SEC77ON I) AND IS NOT INCLUDED WITHIN THE PREVIOUS SURVEY ESTABLISHING LOT 10 BY SUBDIVISION PLAT DATED MARCH 7, 2003 OF RECORD AS INSTRUMENT No. 030009805, NOR IS SUCH GORE AREA INCLUDED IN AN EARLIER SURVEY OF THE PARENT TRACT DATED OCTOBER 21, 1987 OF RECORD IN DEED BOOK 662 AT PAGE 650. 7HE RAILROAD BOUNDARY SHOWN HEREON HAS BEEN ESTABLISHED BASED ON THE FOLLOWING TWO DOCUMENTS: A DEED DATED SEPTEMBER 8, 1868 OF RECORD IN DEED BOOK 88 AT PAGE 136 WHEREIN THE LAND WAS ORIGINALLY CONVEYED TO THE WINCHESTER AND S77?4SBURG RAILROAD COMPANY AND AN UNRECORDED MAP, COMMONLY REFERRED TO AS A RAILROAD VALUA7ON MAP, EN777LED "RIGHT OF —WAY AND TRACK MAP, THE WINCHESTER AND STRASBURG RAILROAD COMPANY, OPERATED BY THE BALTIMORE AND OHIO RAILROAD COMPANY, BALTMORE DIVISION MAIN LINE" DA7ED JUNE 30, 1918. THE RAILROAD BOUNDARY HAS BEEN RECONSTRUCTED AT THIS DATE BASED ON THE CURRENT PHYSICAL LOCATION OF 7HE TRACK, THE INTERSECTING PROPERTY LINES AND THE VARIABLE WIDTH RIGHT OF WAY GEOME7RY SPECIFIED ON THE REFERENCED VALUATION MAP. THE ORIGINAL SOUTHWEST CORNER OF LOT 10 DESCRIBED ON THE RECORDED PLATS (SHOWN AS A NAIL FOUND IN POST HEREON) LIES ON THE RECONSTRUCTED RAILROAD BOUNDARY,• HOWEVER, 7HE RAILROAD BOUNDARY DEPARTS TO THE WEST OF THE PLATTED LOT LINE ALONG THE NORTHWESTERN BOUNDARY OF LOT 10, THEREBY FORMING THE GORE AREA DEPICTED HEREON. 77TLE TO THE AREA W17HIN SUCH GORE IS IN QUES77ON AT THIS TIME; HOWEVER, IT IS 7HE OPINION OF THE SURVEYOR THAT IT WAS THE INTENT OF THE SUBDIVISION PLAT RECORDED AS INSTRUMENT No. 030009805 THAT LOT 10 BE BOUND TO THE EXISTING RAILROAD BOUNDARY AND THEREFORE 777LE TO THE LAND CONTAINED WITHIN THE GORE AREA DEPICTED HEREON SHOULD BE HELD BY THE OWNER OF SAID LOT 10 . SEE PREVOUS BOUNDARY SURVEY OF LOT 10 PREPARED BY THIS FIRM AND DATED MAY 24, 2006 (NOT A MATTER OF RECORD AS OF THIS DATE). FINAL PLAT FOR BOUNDARY LINE ADJUSTMENT BETWEEN THE LANDS OF �ALTH p BOWMAN - SHOEMAKER COMPANIES, INC., ALIZARIN CRIMSON, LLC AND JUDITH BRIM CA TES, ET AL N A f_ x BACK CREEK MAGISTERAL DISTRICT, FREDERICK COUNTY, VIRGINIA ° RI CHARD A. EDENS y Lic. No. 2550 SCALE 1" = 50' DATE NOVEMBER 15, 2010 p�ggpp p GREE I ��®® � AY EN ING INC. 151 Windy Hill Lane O Surveyors ors Winchester, Virginia 22602 'SURN Telephone: (540) 662 -4185 FAX. (540) 722 -9528 Founded in 1971 4613 SHEET 6 OF 7 BND 10 - www.greenwayeng.com 0 0 N CURVE DATA CURVE DELTA ANGLE RADIUS ARC LENGTH I TANGENT I CHORD BEARING I CHORD LENGTH C1 66'51'06 . 428.28' 51.22' 25.64' N 69'26'18" E 51.19' C2 2735'J8' 330.00' 158.93' 81.04' N 575150' E 157.40' C3 82 25.00' 36.20' 1 22.10' N 85'3245' E I 33.12' LINE DATA LINE BEARING DISTANCE L 1 S 35'22'09' W 75.00' L2 N 38'03'26" E 54.32' L3 N 71'3939' E 140.66' L4 N 525832' W 460.32' L5 N 4705'2J" E 81.25' L6 N 3B'03'26' E 328.03" L7 N 38'03'26" E 60.01' L8 N 4705'23' E 47.99' L9 N 48 E 135.69' L10 N 4233'14" W 261.21' 01 N 47 23' E 128.85' L12 N 49'02'49w E 5.98' L13 S 59'23'26" E 294' AREA TABULATION I F(,FND BRL = BUILDING RESTRICTION LINE EXIS77NG AREA OF T.M. 75 -A -2C (BY SURVEY) PER ZONING ORDINANCE a FN = FIRE HYDRANT + 0.4989 ACRE GV = GAS VALVE o IRF = 112" IRON REBAR FOUND + 0.1439 ACRE ADJUSTED AREA (BY SURVEY) TM. 74 BRIM (UNLESS OTHERWISE NOTED) o IRS = 112' IRON REBAR & CAP SET ® MH = SANITARY SEWER MANHOLE o PP = POWER OR OTHER UTILITY POLE 27.09 ACRES± TP = TELEPHONE PEDESTAL o TR = POWER TRANSFORMER BOX • WW = WATER METER ° WV = WATER VALVE A = OVERHEAD UTILITY WIRES * * - FENCE LINE AREA TABULATION T.M. 75 -A -2C (BOWMAA COMPANIES, INC EXIS77NG AREA OF T.M. 75 -A -2C (BY SURVEY) = 9.7169 ACRES LESS PORTION ADDED TO T.M. 74 -A -71 (BY SURVEY) _ - 0.7353 ACRE PLUS POR77ON OF T.M. 74 -A -71 ADDED (BY SURVEY) _ + 0.4989 ACRE ADJUSTED AREA (BY SURVEY) TM. 75 (ALIZARIN CRIMSON = 9.4806 ACRES -A -2R LLV t EXIS77NG AREA OF T.M. 75 -A -2R (BY SURVEY) = 1.5489 ACRES PLUS POR77ON OF T.M. 74 -A -71 ADDED (BY SURVEY) _ + 0.1439 ACRE ADJUSTED AREA (BY SURVEY) TM. 74 BRIM = 1.6927 ACRES -A -71 (JUDITH CATES ET AL) EXIS77NG AREA OF T.M. 74-A-71 (PER RECORD INFO) = 27.00 ACRES± LESS PORTION ADDED TO T.M. 75 -A-2C (BY SURVEY) _ - 0.4989 ACRE LESS PORTION ADDED TO T.M. 75 -A -2R (BY SURVEY) _ - 0.1439 ACRE PLUS POR77ON OF T.M. 75 -A-2C ADDED (BY SURVEY) _ + 0.7353 ACRE NO ADJUSTED AREA (BY ARITHME77C) = TES 27.09 ACRES± 1. THE BOUNDARY INFORMATION SHOWN ON THIS PLAT IS 84SED ON A CURRENT FIELD SURVEY BY 7HIS FIRM. 2. NO.777LE REPORT FURNISHED. EASEMENTS MAY EXIST WHICH ARE NOT SHOWN. J. THE PROPERTY SHOWN HEREON LIES EN77RELY WITHIN ZONE X, AREAS DETERMINED TO BE OUTSIDE THE 0.2% ANNUAL CHANCE FLOODPLAIN, PER N.F.I.P. FLOOD INSURANCE RATE MAP No. 51069CO330D, DATED SEPTEMBER 2, 2009. 4. THE 0.4989 ACRE POR77ON OF T.M. 74-A-71 HEREBY ADDED TO T.M. 75 -A -2C AND THE 0.1439 ACRE PORTION OF T.M. 74-A-71 HEREBY ADDED TO T.M. 75 -A -2R ARE CURRENTLY ZONED RA, RURAL AREAS PER THE FREDERICK COUNTY ZONING MAP. THE FREDERICK COUNTY ZONING ORDINANCE SPECIFIES SIDE AND REAR YARD REQUIREMENTS WITHIN THE RA ZONE OF A MINIMUM OF 50 FEET. THE SAID POR77ONS OF TM. 74 -A -71 ARE LESS THAN 100 FEET IN WIDTH AT 7HEIR WIDEST POINTS; THEREFORE, THESE POR77ONS CONTAIN NO ALLOWABLE BUILDING AREA MEE77NG THE REQUIRED SETBACKS AS CURRENTLY ZONED. FINAL PLAT FOR BOUNDARY LINE ADJUSTMENT BETWEEN THE LANDS OF 0,LTH p�,L BOWMAN- SHOEMAKER COMPANIES, INC., ALIZARIN CRIMSON LLC AND JUDITH BRIM CA TES, ET AL BACK CREEK MAGISTERIAL DISTRICT, FREDERICK COUNTY, VIRGINIA u RI HARD A. EDENS a SCALE: NIA I DATE. NOVEMBER 15, 2010 Lic. No. 2550 REEK WA I1 ENGINEERIN G5 INC. Q� 151 Windy Hill Lane Surv ors Winchester, Virginia 22602 Telephone: (540) 662 -4185 FAX.- (540) 722 -9528 1 4613 SHEET 7 OF 7 Founded in 1971 www.greenwayeng.com antn tn_ to 0 0 u, tn 10 N N > r$ " N v •� UV w 0 4a Oi w cn in v 1 u i� c) 1 0 ro v� 0 060013844 0 cfl THIS DEED, made and dated this g day of 2006, by and between COOPER RIDGE ESTATES. LLC a West Virginia limited liability company, party of the first part, hereinafter called the Grantor; and ALIZARIN CRIMSON. LLC a Virginia limited liability company, party of the second part, hereinafter called the Grantee. NOW, THEREFORE WITNESSETH: That for and in consideration of the premises and the sum of Ten Dollars ($10.00), cash in hand paid, receipt of which is hereby acknowledged, the Grantor does hereby grant, bargain, sell and convey, with general warranty of title, unto the Grantee, in fee simple, the following described property, to -wit: All 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 Back Creek Magisterial District, Frederick County, Virginia, situate along the southwestern cul-de -sac of Prosperity Drive (State Route 1129), containing 1.5490 acres, more or less, and being more particularly described as Lot 10 on that certain plat titled "Final Plat Lots 3, 4, 6, 7, 9 & 10, Section 1, Kernstown Business Park" dated March 7, 2003, drawn by David M. Furstenau, L.S., which plats are of record in the Clerk's Office of the Circuit Court of Frederick County, Virginia as Instrument No. 030009805; and being the same lands acquired by the Cooper Ridge Estates, LLC by that certain Deed dated Mary 18, 2005, which Deed is of record in the aforesaid Clerk's Office as Instrument No. 050005560; together with all right, title and interest of the Seller in that certain strip of land, 60' in width, containing 0.2685 acres, more or less, situate along the southeast boundary of the hereinabove described Lot 10, Section 1, Kernstown Business Park designated as "Additional Street Dedication" on that certain plat titled "Final Plat Lot 11, Section 1, Kernstown Business Park" dated July 27, 2000, drawn by David M. Furstenau, L.S., which plat is attached to and made a material part of that certain Deed dated August 30, 2000, of record in the aforesaid Clerk's Office as Instrument No. 000009218 (Deed Book 974, Page 1699). Reference is hereby made to the aforesaid instruments and the references contained therein for a further and more particular description of the property. Tax Map No.: 75 -A -2R 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 orlapsed. The Grantor does hereby covenant that it has the right to convey to the Grantee; that Michael L Bryan 9 Court Square Y° Floor Winchester, VA the Grantee shall have quiet and peaceable possession of the said property, free from all liens and encumbrances; and it will grant such further assurances of title as may be requisite. 0 • I WITNESS the following signature and seal: COOPER RIDGE ESTATES, LLC By: (SEAL) Paul L. Negley, Member/Manager r ! STATE OF VIRG IA, AT LAR E, City /County of t to -wit: The foregoing instrument was acknowledged before me, a Notary Public in and for the State and Jurisdiction aforesaid, this g day of 2006 by Paul L. Negley, Member/ Manager of Cooper Ridge Estates, LC. My Commission expires: /WVIFJd(T YVrSLII. •' dl�•�•. y STATE OF VIFECJM t, T LARG s� City /County of r.,...... •. The foregoing instrument was acknowledged before me, a Notary Public aifd Fdrs the State and Jurisdiction aforesaid, this N day of 2006 by Clement L. Negley, Member/Manager of Cooper Ridge Estates, d. My Commission expires: Klchael L. Bryan 9 Court Square 2 Floor Winchester, VA THIS INSTRUMENT PREPARED BY: Michael L. Bryan, Esquire Bryan & Coleman, P.L.C. 9 Court Square, 2n Floor Winchester, Virginia 22601 VIRGINIA: FREDERICK COUNTY.SCT. This instrument of writin, seas produced to me on MM aAD-r \C-per Ridge m Aft in 5!15/06 and 4 h certificate ackno%ch:dccfnon1 thrrcto .tnnexcd wa-ss/(ay�dmuiittted to record. Tax imposed i/r SCC. iS.l -802 of 5 lSdLl[� and 58.1 -S01 have been paid, if assessable, Clerk 11 • ,9-6 • �Wele 0 N J 0 THIS DEED, made and dated this Ze day of March, 2005, by and between J M LEASING LLLC a Virginia Limited Liability Company, hereinafter called the "Grantor; and JASBO. INC.. a Virginia Corporation, hereinafter called the "Grantee ". WITNESSETH: That for and in consideration of the sum of Ten Dollars ($10.00), Ln Ln N N 44 M �T UV J a ° «'rQ co a� N N Uw- cash in hand paid, and other good and valuable consideration, the receipt of which is hereby acknowledged, the Grantor does hereby grant and convey, with general warranty of title, unto the Grantee, in fee simple, an undivided 29.82673 percentage interest in and to the following described property: All of that certain lot or parcel of land, together with the improvements thereon and appurtenances thereto belonging, lying and being situate along the West side of U. S. Route I 1 (Valley Pike), in Back Creek Magisterial District, Frederick County, Virginia, containing 9.710 acres, and more particularly described as Parcel "A" on that certain plat of survey titled "Subdivision Survey of a portion of the land of James M. Horton" drawn by Thomas A. Shockey, C.L.S., dated August 5, 1986, of record in the Clerk's Office of the Circuit Court of Frederick County, Virginia in Deed Book 630, at Page 297, and further described on that certain `Building Location Survey of the land of Virginia Pride Fruit Packers, Inc." drawn by S. W. Marsh, L.S., dated February 21, 1995, of record in the aforesaid Clerk's Office in Deed Book 835, at Page 427; and being the same lands acquired by Juve Leasing, LLC, a Virginia Limited Liability Company, by that certain Deed dated May 20, 2002, from Shenandoah Foods, Inc., which Deed is of record in the aforesaid Clerk's Office as Instrument No. 020008280. Reference is made to the aforesaid instruments for a more particular description of the property herein conveyed: Tax Map No. 75 -A -2C 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 Grantor does hereby covenant that it has the right to convey to the Grantee; that the Grantee shall have quiet and peaceable possession of the said property, free from all liens and encumbrances; and it will grant such further assurances of title as may be requisite. WITNESS the following signature and seal: Michael L Bryan 9 Court Square 2" Floor Winchester, VA JUVE LEASING, LLC, a Virginia Limited Liability Company By (SEAL) Claudio Buono, Manager STATE OF VIRGINIA, AT LARGE, CITY OF to-wit: 2005, by Claudio Buono, who is Manager of Juve Leasing, LLC, a Virginia Limited Liability The foregoing instrument was acknowledged before me on the o?�day of March, ithael 1— Bryan Court Square 2" Floor Vinchester, VA Company, and whose name is signed to the foregoing Deed dated the 2" day of March, 2005. My commission expires THIS INSTRUMENT PREPARED BY: Michael L. Bryan, Esquire 9 Court Square, 2' Floor Winchester, Virginia 22601 540/545-4130 ...... ..... MLB/pm c.\DoC&\Juvc to Jubo CUv SCT% w prwwal E%) 10C On i -+c.wv' Iry Soo. 5&1-=Q( L l SO t •. paid, it tzmvft ���CPiCQ _ 0 , 05 65 D60 � Kt 0 N tT THIS DEED, made and dated this 2' day of March, 2005, by and between JM LEASING, LLC_ a Virginia Limited Liability Company, hereinafter called the "Grantor' and JASBO. INC., a Virginia Corporation, hereinafter called the "Grantee ". WITNESSETH: That for and inconsideration of the sum of Ten Dollars (5 10.00), Ln Ln �o N N ui raU3 N oi M u o� M Cc fa b al cash in hand paid, and other good and valuable consideration, the receipt of which is hereby acknowledged, the Grantor does hereby grant and convey, with general warranty of title, unto the Grantee, in fee simple, an undivided 70.17327 percentage interest in and to the following described property: All of that certain lot or parcel of land, together with the improvements thereon and appurtenances thereto belonging, lying and being situate along the West side of U. S. Route 11 (Valley Pike), in Back Creek Magisterial District,; Frederick County, Virginia, containing 9.710 acres, and more particularly described as Parcel Won that certain plat of survey titled "Subdivision Survey of a portion of the land of James M. Horton" drawn by Thomas A. Shockey, C.L.S., dated August 5, 1986, of record in the Clerk's Office of the Circuit Court of Frederick County, Virginia in Deed Book 630, at Page 297, and further described on that certain "Building Location Survey of the land of Virginia Pride Fruit Packers, Inc." drawn by S. W. Marsh, L.S., dated February 21, 1995, of record in the aforesaid Clerk's Office in Deed Book 835, at Page 427; and being the same lands acquired by Juve Leasing, LLC, a Virginia Limited Liability Company, by that certain Deed dated May 20, 2002, from Shenandoah Foods, Inc., which Deed is of record in the aforesaid Clerk's Office as Instrument No. 020008280. Reference is made to the aforesaid instruments for a more particular description of the property herein conveyed. Tax Map No. 75 -A -2C 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 Grantor does hereby covenant that it has the right to convey to the Grantee; that the Grantee shall have quiet and peaceable possession of the said property, free from all liens and encumbrances; and it will grant such further assurances of title as may be requisite. WITNESS the following signature and seal: chad L Bryan Court square 2" Floor 'ind"A", VA JUVE LEASING, LLC, a Virginia Limited Liability Company By kl /A.. ,w,k ti (SEAL) Bu ono, Manager ! 0 a N Cn kD STATE OF VIRGINIA, AT LARGE, CITY /CQLWPI-OF Ah to -wit: The foregoing instrument was acknowledged before me on the of aay of March 2005, by Claudio Buono, who is Manager of Juve Leasing, LLC, a Virginia Limited Liability Company, and whose name is signed to the foregoing Deed dated the 2' day of March, 2005. My commission expires THIS INSTRUMENT PREPARED BY: Michael L. Bryan, Esquire 9 Court Square, 2 Floor Winchester, Virginia 22601 540/5454130 bll.alpmn c:1Dae&\Ju to Jasbo#2 r.. a, f 4 VIRGP:iry ",7 - -) 7 N- kW CX7UHTy, SCT. Ttis:u.:.ur+ .' iU4 W% produmdtomeoa ebaal r.. Bryan CoartSquare 2" Floor 'inebester, VA 7 i ,dark $ lw.e.� " ��9'•. ; > 4 'ail hoft t*U P" it