HomeMy WebLinkAbout02-12 Deed0
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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
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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
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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
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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,
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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
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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'
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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
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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
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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
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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
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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
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DITH BRIM CA ES
Michael L. Bryan
116 S. Braddock St.
Winchester, VA
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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
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S EUBOIS BRIM
STATE OF t7TR AT LARGE, f,
CITY /Cs9f OF 1 , to -wit:
Th_e instrum >nt was ac before me on
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- 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
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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
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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
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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
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FREDERICK COUNTY SUBDIVISION ADMINISTRATOR DATE
° RICHARD A. EDENS y
LIC. N0. 2550
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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
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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 '•
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ME THIS --�= DAY OF / 201L F OF
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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 ...................
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THE FOREGOING OWNER CERTIFICATE WAS ACKNOWLEDGED :•'`
PL DD0860467
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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
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34CK CREEK A/AGISTER64L DISTRICT, FREDERICK COUNTY, VIRGINIA
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INTERSECTION Cl* �'_. , POR77ON OF TM. 75 A -2C i
HEREBY ADDED TO AND
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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 �
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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$,A
BOWMAN - SHOEMAKER COMPANIES, INC.,
ALIZARIN CRIMSON, L LC AND JUDITH BRIM CA TES, ET AL
BACK CREEK MAGISTERIAL DISTRICT, FREDERICK COUNTY, VIRGINIA
U RICHARD A. EDENS a
SCALE: 1" = 100'
DATE: NOVEMBER 15, 2010
LTC. No. 2550
GREENWAY ENGINEERING, INC.
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151 Windy Hill Lane
T�nchester, Virginia 22602
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Surveyors Telephone: (540) 662 -4185
FAX.- (540) 722 -9528
Founded in 1971
4613 SHEET 4 OF 7
BND 10 -14
www.greenwayeng.com
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NOTE
SEE SHEET 7 R CURVE DATA, LEGEND,
f P�5 NOTES AND AREATABULATTON.
OG
2 COURSES WITH ASTERISK(*) DENOTE NEW LOT LINES
\0 HEREBY ESTABLISHED.
P
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0
OR /G /mil y q C is
\ CNF & 9
B 8B
/ , ANC N SfF p�n
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65' POWER RIGHT OF WAY Q Q
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POTOMAC EDISON CO. i 2 y / l 6
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DB 583 PG 585 rii N ^ OVFRN
& DB 582 PG 495 \ \
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Q `}� LINE HEREBY BO AC47ED
z m = 3 = o j 0.1439 ACRE
W N ti tit PORTION OF T.M. h
W g W m 74-A-7 HEREBY m o c$ 4
~ m
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' `� 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
—
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N41, �3 "� o 1.6927 ACRES v o
V o IRF ` BRC m
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pe417
/z/� 449, c
60 Rf SjR�c 2 1 * {y 'IP NTR
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_ 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
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SCALE. 1" = 80'
DATE' NOVEMBER 15, 2010
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9tltl�F! � ®Ft��ll ®����AFI`�9' INC.
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151 Windy Hill Lane
Engine Wnchester, Virginia 22602
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Telephone: (540) 662 -4185
FAX.- (540) 722 -9528
Founded in 1971
4613 SHEET 5 OF 7
www.greenwayeng.com
BND 10 -14
0
0
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0
0
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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
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GREE I ��®® � AY EN ING INC.
151 Windy Hill Lane
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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
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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
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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 •
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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
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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),
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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%
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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),
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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
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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
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