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HomeMy WebLinkAbout02-12 Final Plat0 .10001988 E 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 C H U1 0 s~ m �o a N E N O U u Q) x E OJ J of -7 O U .c x `i' CQ C C N U N o oa n, m 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 P F 0 CD 0 J W 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 .[6 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 0 incorporated herein by reference as if set out in full (the "BLA Plat "). NOW, THEREFORE, WITNESSETH: That for and in consideration of 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 agree as follows: 1. RECITALS The Recitals are incorporated herein and made a material part hereof as if set out in full. 2. BOWMAN - SHOEMAKER CONVEYANCE 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 Ithe foregoing shall not be deemed in any way to reinstitute or Irepublish any restrictions of record that may have expired or elapsed. 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, 3 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 t 16 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 0 0 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 t16 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 a 5 F 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 rl 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 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: Michael L. Bryan 116 S. Braddock St. Winchester, VA BOWMAN- SHOEMAKER COMPANIES, INC. BY '� Sho IAfirylLlak6 )�/l!d/ - (SEAL) Beverle B. ema ek r, President STATE OF VIRGINIA, AT LARGE, CITY /'C 'Y OF �; f1C q to -wit: The foregoing instrument was acknowledged before me on Fc,bruArL( the � day of 4a 2011, by Beverley B. Shoemaker, who is President of Bowman - Shoemaker Corporation, on behalf of said My commission expires `` , r �rnmry q' ' � WV - i � . NOTARY •'•.'I' { : RAG. 41 t,. _ �, �, Q� i By n+r 0 s, Inc., a Virginia ALIZARIN CRIMSON, LLC (SEAL) Beverley B. Shoemaker, , Ma anager STATE OF VIRGINIA, AT LARGE, CITY /e6ffNTT OF W nJue.,oke to -wit: The foregoing r n instrument was acknowledged before me on the Q day of -6 ana ary,, r � 2011, by Beverley B. Shoemaker, who is Manager of Alizarin Crimson, LLC, a Virginia Limited Liability Company, on behalf of said Company. My commission expires `,``i Nrrnng rq \�S M. NF • NOTARY • �� PUBLIC C i'r 1 REG. #138448 �t _ 14Y i PW,'IFSION Q _ ' ��'?�FALTH OF '' �qurnuN`� T/dlll IC 0 0 0 )UAIR �Rfl�p (SEAL) UDITH BRIM CA ES STATE OF � A¢ S�, AT LARGE, CITY /COUNTY OF SRI -SoTf3 , to - wit: The foregoing instrument was acknowledged before me on the IS day of r-Tg,4,pzy , 2011, by Judith Brim Cates. My commission expires 02�i /ta /3 ..... ........ ............................... DALE DELPIT tianva, Comm #DD0860487 a 44�� i �= exp:resvllrtol3 ' NOTARY PUBLIC :'Y�ww1....._Fbdda Notary Assn., Inc , (SEAL) STEP EN DUBOIS BRIM STATE OF vTR___9;W AT LARGE, ^� L CITY /Cs94?dYuf OF � to wit: The foregoing instrument was acknowledged before me on A9 "the yLf— day of F4-/� 4 � * 201 a l,lv Stephen DuBois Brim. My commission expires KAREN R. BELFORD ,g NOTARY PUBLI C le4?toq�') /%c'CL��R REGISTRATION # 138399 COMMONWEALTH OF VIRGINIA MY COMMISSION EXPIRES JULY 31.2013 Michael L. Bryan 116 S. Braddock St. Winchester, VA (SEAL) RY J. L AFSHARY STATE OF �GIUY� , AT LARGE, CITY /COUNTY OF heo , to -wit: The foregoing instrument was acknowledged before me on the __0__ day of , 2011, by Hilary Juel Afshary. My commission expires a NUI PUBLIC 01 MV Commission Expires 081302012 CD 0 co FINAL PLAT FOR BOUNDARY LINE ADJUSTMENT -' BETWEEN THE LANDS OF BOWMAN- SHOEMAKER COMPANIES, INC., ALIZARIN CRIMSON, LLC AND JUDITH BRIM CATES, ET AL 7C \l P /r 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 Z 2005, OF RECORD IN THE FREDERICK COUNTY CIRCUIT COURT CLERKS 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 CLERKS OFFCE AS INSTRUMENT No. 070017J67), (i) 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 1384 4 AND (iii) A PORTION OF THE LAND CONVEYED TO JUDITH BRIM CATES, STEPHEN DuBOIS BRIM AND HILARY JUEL AFSHARY (FORMERLY HILARY M. LEWIS JUEL) BY THE FOLLOWING DEEDS. • A DEED DATED DECEMBER 31, 1975 OF RECORD IN 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 SLR .k Ac- S No. 000013515. RICHARD A. EDENS, L.S. NOTE: PARENT TAX PARCEL ID NTIFI ATION (i) T.M. 75 —A -2C BOWMAN — SHOEMAKER COMPANIES, INC. 9.7169 ACRES ZONE- B3 USE.- VACANT (ii) T M. 75 —A -2R ALIZARIN CRIMSON, LLC 1.5489 ACRES ZONE: B3 USE.- VACANT (iii) T M. 74 —A -71 JUDITH BRIM CATES, ET AL 2700 ACRESf ZONE.- RA USE: AGRI. APPROVAL: TH OF j / G� FREDERICK COUNTY SUBDIVISION ADMINISTRATOR DATE °RICHARD A. EDENS y Lic. No. 2550 GREENWAY ENGINEERING, NC. 151 Windy Hill Lane Engineers Winchester, Virginia 22602 d SURVs Telephone: (540) 662 -4185 FAX. (540) 722 -9528 Founded in 1971 4613 SHEET 1 OF 7 www.greenwayeng.com oun In . . BACK CREEK MAGISTERIAL DISTRICT, FREDERICK COUNTY, VIRGIN64 NOVEMBER 15, 2010 T!' .. OWWIVER'S CERTIFICATE THE ABODE 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 JUEL AFSHARY (FORMERLY HILARY M. LEWIS JUEL), 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. BOW MAN- SHOEMAKER COMPANIES, INC ALIZARIN CRIMSON, LLC BY. (, � ii j j A i 1 4�7b✓i( AtA B �i� L lou., l�)&I BEVERLEY . PR SIDENT B. SHOEMAKER, MAN `c �1� 1 lil `R b„-&& 1 JUDITH BRIM CATES STEPHEN DuBOIS BRIM HILARY JQ9 . AFSHARY UCq �• •••� STATE OF CITY / COUNTY OF TO WIT: THE FOREGOING OWNER'S CERTIFICATE WAS ACKNOWLEDGED s •• p • O FCPUg��.•' /�7 BEFORE ME THIS — DAY OF 6V LA/ 201E FOP BY Co`pP Rilary Juel Afshary My Commission Expires OW012 MY COMMISSION EXPIRES -,200 r REGISTRATION No. l Y NOTARY PUQ /C STATE OF FL CITY / COUNTY OF S42p3o ?Pr TO WIT. •• THE FOREGOING OWNER'S CERTIFICATE WAS ACKNOWLEDGED ••• ' .•• DALE DELPIr BEFORE ME THIS /,S-'L47 DAY OF F£6g.0 fr 20 (5€mtraDDOasona7 '�(? Expires 2111/2013 � BY btiL £ b £ C-P 1 T Fbdda Nolary Assn.. Inc J udith Brim Cat MY COMMISSION EXPIRES 20 r "................ " � �A��' /�It�QA was TT o _ w t; ore oin own6r s certlf — ica a ac now a ged betor me 0�1 b te en DuBois Brim. M commission ex fires Jul1 213 NOTARY PUBLIC his rd day o Feb uar STATE OF BELFORD NOTARY PUBLIC CITY / EBdN�` OF i'n ro wir. COMMONWEA LT F VIRGINIA MYCOMM ISSION EXPIRES THE FOREGOING OWNERS CERTIFICATE WAS ACKNOWLEDGED l K JU LY37, 2013 BEF ME THIS -X/ DA e Y OF • 2011 _ , BY [JCwu W D • GhpuY oks -y Ia5 0 ( .5 11 1 0. f & L1S > Tli T�lri 411111 , U MY COMMISSION EXPIRES '1 31 P0 . vA v . REGISTRATION No. 139LQ - • Np eg e — r i e� Sex" a JVO ARY PUBLIC FINAL PLAT FOR BOUNDARY LINE ADJUSP Tf, P� P Q "_ e BETWEEN THE LANDS OF =� .• �ALTH 0 BOWMAN - SHOEMAKER COMPANIES, ANC.';- alpNWEa� ° o� ALIZARIN CRIMSON, LLC AND JUDITH BRIM CATES, &AY' 0 BACK CREEK MAGISTERIAL DISTRICT, FREDERICK COUNTY, VIRGINIA uo RICHARD A. EDENS a Lic. No. 2550 ,1 -IS -.p SCALE: NIA LATE' NOVEMBER 15, 2010 GREENWAY ENGINEERING, INC. 151 Windy Hill Lane Winchester, SUR N Virginia 22602 Surv ors Telephone: (540) 662 -4185 FAX. (540) 722 -9528 Founded in 1971 461J SHEET 2 OF 7 www.greenwayeng.com BND 10 -14 .. 0 2 S x 2 ^�h �oh tico� � Q U ^ 0 2 N n O I 3 0 0 2� wM• 3/4' IRF Q� 2 N i QG m I CONCRETE FLOOR Z m AND FOUNDA770N I Z( LU FH ADJUSTED WV OF FORMER e eMH BUILDING TAX PARCEL i I 'wM" m IN m 75 -A -2C 9.4806 ACRES I I ° N II TP rr� TR j h 20' F.C.S.A. I I IFHI GV WATERLINE EASEMENT --I I­— DB 696 PG 603 I I I I •WM II II 15' BRL ZONE. B3 - -J L - -- —J �— - - - - -- wv 1 BRL "WV BZ y 3/4' 0 �IRF IRF IRF I� N S 35'3235" W 1S 35 32 35 W m m 175.00' 225.00' ' I IN N IN i N h 2v S�� 2 W Q 5t 6 J O� UQ NOTE COURSES WITH ASTERISK( *) DENOTE NEW LOT LINES HEREBY ESTABLISHED. O 0 ml h I 3 W I I CULVERT Z 2l 50' N n. BRL 3/4' f IRF L1 0 • o U �a 0 N yOm 1% 20 X22 ° N ti x�� s N�� U � U �tio ~ �O J 62 i W ^ ' " N�?i� I R ^WO2J W m ~ Z ~ ZW m _2� L 3 m 910f TO PROSPERITY DRIVE - RTE 1129 100 0 100 UTILITY WIRES VALLEY PIKE GRAPHIC SCALE U.S. ROUTE 11 (IN FEET) BO' R/W - DO 165 PG 77 FINAL PLAT FOR BOUNDARY LINE ADJUSTMENT BETWEEN THE LANDS OF BOWMAN- SHOEMAKER COMPANIES, INC., ALIZARIN CRIMSON, L L C AND JUDITH BRIM CA TES, ET AL BACK CREEK MAGISTERML DISTRICT, FREDERICK COUNTY, VIRGINIA — SCALE. 1" = ®® DATE: NOVEMBER ® 15 2010 GREEI�WAY ENGINEERING, INC. 151 Windy Hill Lane Engineers Winchester, Virginia 22602 Surveyors Telephone: (540) 662 -4185 FAX: (540) 722 -9528 Founded in 1971 www.greenwayeng.com N07E SEE SHEET 7 FOR LINE DATA, CURVE DATA, LEGEND, N07ES AND AREA TABULATION. _V_L.e A .-:a -_ RICHARD A. EDENS Lic. No. 2550 It -15 -10 7 9 J k) - P 65' PpW e P & p B sB? ° Co pRiGiu s RqlL OB 583 PG 585 2 K 154,8 Z,, CM � 4 SBURG Tp /RS OB KO ' 1 0TH WIRE FENCE SEE 88 PG 136 RIW FAO o SHE 5 ET 071,Wy K /RES L /RS ADJUSTED TAX PARCEL 0.4989 ACRE POR71ON OF T.M. 74-A-71 74-A-71 HEREBY ADDED TO AND MADE FF 27.09 ACRES.t A PART OF T.M. 75 -A-2C p a i p� (BY ARITHMETIC) HATCHED AREA DENOTES A 20' TEMPORARY GRADING EASEMENT HEREBY N N m ESTABLISHED FOR THE BENEFIT OF ADJUSTED TAX PARCEL 75 -A -2C. o 9 H Iti 2 0 IRF IN BROKEN METAL POST AT FENCE 1WERSEC77ON %P 15' BRL ,, i^� v 15' BRL Fl/77/RE STREET �. L- f k ^ DOT- SHADED AREA DENO TES /RS o INST. H Irl I A 20' TEMPORARY GRADING 2* ~' OIRS 06001JJB7 1 -O' v O EASEMENT HEREBY C3* N e i W ESTABLISHED FOR THE O Q K, a j BENEFIT OF ADJUSTED TAX 4, W,2 W I PARCEL 74 -A -71. I O ��C- :tm� 1L Q2 mW N O 41 ADJUSTED J, "ti� cis m TAX PARCEL w �, o W W 75 —A 2C CO N Z�, 9.4806 ACRES (' MATCH LINE - MATCH TO SHEET 3 N07E SEE SHEET 7 FOR LINE DATA, CURVE DATA, LEGEND, 100 0 100 N07ES AND AREA TABULATION. COURSES WITH ASTERISK( *) DEN07F NEW LOT LINES GRAPHIC SCALE HEREBY ESTABLISHED. (IN FEET) FINAL PLAT FOR BOUNDARY LINE ADJUSTMENT BETWEEN THE LANDS OF �ALTH OFD BOWMAN- SHOEMAKER COMPANIES, INC., ALIZARIN CRIMSON, LLC AND JUDITH BRIM CA TES, ET AL BACK CREEK MAGISTERIAL DISTRICT, FREDERICK COUNTY, VIRGINIA u RICHARD A. EDENS y SCALE. 1" = 100' 1 DATE' NOVEMBER 15, 2010 LTC. NO. 2550 GREENWAY ENGINEERING, trtc. l 11 - ' S -'0 151 Wi ndy Hill Lane Engineers Winchester, Virginia 22602 SURV Surveyors Telephone: (540) 662 -4185 FAX: (540) 722 -9528 4613 SHEET 4 OF 7 Founded in 1971 www.greenwayeng.com Min in T4 0 o fY /R S 4705 23' W 42.02' TO IRS--, q NOTE SEE SHEET 7 FOR LINE DATA, CURVE DATA, LEGEND, NOTES AND AREA TABULATION, COURSES WITH ASTERISK( *) DENOTE NEW LOT LINES HEREBY ESTABLISHED. Y tyi A E /,V �o PpSI.� 65' POWER RIGHT OF WAY T \ POTOMAC EDISON CO. DB 583 PG 585 ; 2 n 45 W & DB 582 PG 495 4 -5 W C O N W ZONE.• RA ZONE B 9:;t 3 mr zW N / I / j I U� WN Q� W� U0 J W y O % 0 . �g 0g (0 0 �� 2 I ADJUSTED T.M. 75 —A -2C SEE SHEETS 3 & 4 CS SEE ��Cp�SBS�Rai Q90 Opera E �? B ANY Clv F \� R Nfgp \ EXISANG BOUNDARY LINE HEREBY VACATED j 0.1439 ACRE PORTION OF T.M. 74—A-71 HEREBY 4M ADDED TO AND MADE A PART OF m T.M. 75 —A -2R ADJUSTED TAX PARCEL 75 -A 2R LOT 10 KERNSTOWN BUSINESS PARK — SECTION l 1.6927 ACRES Gp �� p 'q'QE4 SHED. 6' :r WN �Qa yVm O N En ti �nW 6 Sn iy O ro °y 2 2 W a o N v 70' �DB 9� RD 4�, 7R � s P S Ro�YeZ9q,F 20' UNJTY EASEMENT \ PER RECORD PLAT \ ` OB 841 PG 1341 \ TM. 75 —A -2H LOT 11 CARLTON R. NEWUN 20' TELEPHONE EASEMENT DB 974 PG 1699 BELL A7ZAN7IC— VIRGINLA, INC. ZONE. B3 USE COMMERCIAL DB 955 PG 1556 FINAL PLAT FOR BOUNDARY LINE ADJUSTMENT BETWEEN THE LANDS OF BOWMAN - SHOEMAKER COMPANIES, INC., ALIZARIN CRIMSON, LLC AND JUDITH BRIM CA TES, ET AL BACK CREEK MAGISTERIAL DISTRICT, FREDERICK COUNTY, VIRGINIA SCALE 1' = �a BO' T DAT N OVEMBER ® 2010 GREE � �� FIA y E G, INC. 151 Windy Hill Lane Engineers Winchester, Viiginia 22602 Surveyors Telephone: (540) 662 -4185 FAX (540) 722 -9528 Founded in 1971 www.greenwayeng.com TH RICH D A EDENS Lic. NO. 2550 f19A 0 0 0 QG G.S X. RAILROAD ORIGINALLY WINCHESTER & S7RASBURG RAILROAD COMPANY VARIABLE WIDTH R/W R.R. VALUA77ON MAP SEE DB 88 PG 136 GORE AREA STA77ON 1954 +00 203 .SO. FEET RAILROAD TRACKS SEE N07E BELOW NAIL FOUND WIRE FENCE IN POST L5 IRS L8 3 1 ` 65' POWER R/W 1 POTOMAC EDISON CO DB 583 PG 585 4, o & DB 582 PG 495 3 µ v � / � L f ADJUSTED ADJUSTED N T.M. 74-A-71 T.M. 75 -A -2C SEE SHEET 4 SEE SHEETS 3 & 4 y RAILROAD BOUNDARY PER VALUA7ON MAP SEE NOTE BELOW L9 WIRE �I 15 ARE - - i OVERHEAD UTILITY WIRES R.R. VALUATON MAP STA77ON 1951+00 o L12 � IRF IRF 1rL 13 NW BOUNDARY OF LOT 10 ) PER RECORD PLAT �o L - - ADJUSTED T.M. 75 -A-2R LOT 10 - - SEE SHEET 5 20' SHENANDOAH GAS m \ m CO. EASEMENT I OB 733 PG 27 OWAIL��A/ MUM Rt UNGARYMUM Rt UNGARY 50 0 50 GRAPHIC SCALE (IN FEET) NOTE SHOWN ON THIS PLAT IN ADDl1TON TO THE SUBJECT PROPERTY, IS A GORE AREA CONTAINING 203 SOUARE 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 1) AND IS NOT INCLUDED WITHIN THE PREVIOUS SURVEY ESTABLISHING LOT 10 BY SUBDIVISION PLAT DATED MARCH 7, 2003 OF RECORD AS INS7RUMENT No. 030009805, NOR IS SUCH GORE AREA INCLUDED IN AN EARLIER SURVEY OF THE PARENT TP4CT DATED OCTOBER 21, 1987 OF RECORD IN DEED BOOK 662 AT PAGE 650. THE RAILROAD BOUNDARY SHOWN HEREON HAS BEEN ESTABLISHED 84S£D ON THE FOLLOWING TWO DOCUMENTS: A DEED LATED SEPTEMBER 8, 1868 OF RECORD IN DEED BOOK 88 AT PAGE 136 WHEREIN THE LAND WAS ORIGINALLY CONVEYED TO THE WINCHESTER AND S7RASBURG RAILROAD COMPANY AND AN UNRECORDED MAP, COMMONLY REFERRED TO AS A RAILROAD VALUATION MAP, EN777LED "RIGHT OF -WAY AND TRACK MAP, THE W/NCHES7ER AND S77?ASBURG RAILROAD COMPANY, OPERATED BY THE BAL7IMORE AND OHIO RAILROAD COMPANY BALTIMORE DIVISION MAIN LINE" DATED JUNE 30, 1918. THE RAILROAD BOUNDARY HAS BEEN RECONSTRUCTED AT THIS DATE BASED ON THE CURRENT PHYSICAL LOC4770N OF THE TRACK, THE INTERSEC77NG PROPERTY LINES AND THE VARIABLE WIDTH RIGHT OF WAY GEOMETRY 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, THE RAILROAD BOUNDARY DEPARTS TO THE WEST OF THE PLAITED LOT LINE ALONG THE NOR7HWES7ERN BOUNDARY OF LOT 10, THEREBY FORMING THE GORE AREA DEPICTED HEREON. 777LE TO THE AREA WITHIN SUCH GORE IS IN QUES77ON AT THIS TIME, • HOWEVER, IT IS THE OPINION OF THE SURVEYOR THAT IT WAS THE INTENT OF THE SUBDIVISION PLAT RECORDED AS INS7RUM£NT No. 030009805 THAT LOT 10 BE BOUND TO THE EXISTING RAILROAD BOUNDARY AND THEREFORE 77TLE TO THE LAND CONTAINED WITHIN THE GORE AREA DEPICTED HEREON SHOULD BE HELD BY THE OWNER OF SAID LOT 10 . SEE PREVIOUS BOUNDARY SURVEY OF LOT 10 PREPARED BY THIS FIRM AND DATED MAY 24, 2006 (NOT A MATTER OF RECORD AS OF THIS DA7E). FINAL PLAT FOR BOUNDARY LINE ADJUSTMENT BETWEEN THE LANDS OF BOWMAN - SHOEMAKER COMPANIES, INC., ALIZARIN CRIMSON, LLC AND JUDITH BRIM CA TES, ET AL BACK CREEK MAGISTERIAL DISTRICT, FREDERICK COUNTY, VIRGINIA SCALE I' = 50' 1 LATE' NOVEMBER 15 2010 GREENWAY ENGINEERING, INC. 151 Windy Hill Lane Engineers Winchester, Virginia 22602 Surveyors Telephone: (540) 662 -4185 FAX. (540) 722 -9528 Founded in 1971 www.greenwayeng.com ,TH OF RICHARD A f ENS Lic. No. 2550 n -1 S -10 _ L461J SHEET 6 OF 7 1 0 rf111N %AffILirl CURVE ' DELTA ANGLE RADIUS ARC LENGTH TANGENT CHORD BEARING CHORD LENGTH C1 06'51'06" 428.28' 51.22' 25.64' N 6926'18' E 51.19' C2 273538' 330.00' 158.93' 81.04' N 5751'50 E 157.40' C3 8237 27' 25.00' 36.20' 22.10' N 85'3245' E 33.12' FARTIAWAME LINE BEARING DISTANCE L 1 S 35'22'09" W 75.00' L2 N 38'03'26" E 54.32' L3 N 71 E 140.66' L4 N 52 32" W 460.32' L5 N 4705"23' E 81.25' L6 N 38 E 328.03' L7 N 38'03'26' E 80.01' L8 N 470523" E 47.99' L9 N 48'21'56" E 135.69' L N 42'33'14' W 261.21' L11 N 4705'23' E 128.85' L12 N 49'0249" E 5.98' Ell T 59 E 2.94' T.M. 75 -A -2C (BOWMAN- SH"KER COMPANIES. IN ) EXIS77NG AREA OF T.M. 75 -A -2C (BY SURVEY) LESS POR77ON ADDED TO T.M. 74 -A -71 (BY SURVEY) PLUS POR77ON OF T.M. 74 -A -71 ADDED (BY SURVEY) ADJUSTED AREA (BY SURVEY) T.M. 75 -A-2R (ALIZARIN CRIMSON C) EXIS77NG AREA OF T.M. 75 -A -2R (BY SURVEY) PLUS PORTION OF T.M. 74 -A -71 ADDED (BY SURVEY) ADJUSTED AREA (BY SURVEY) 9.7169 ACRES _ - 0.7353 ACRE + 0.4989 ACRE = 9.4806 ACRES 1.5489 ACRES + 0.1439 ACRE = 1.6927 ACRES T.M. 74 -A -71 (JUDITH BRIM CATES, ET AL) EXISTING AREA OF T.M. 74-A-71 (PER RECORD INFO) = 2700 ACRES± LESS POR77ON ADDED TO T M. 75 -A -2C (BY SURVEY) _ - 0.4989 ACRE LESS PORTION ADDED TO T.M. 75 - A -2 R (BY SURVEY) _ - 0.1439 ACRE PLUS POR710N OF TM. 75 - A -2 C ADDED (BY SURVEY) _ + 0.7353 ACRE NOTES ADJUSTED AREA (BY ARITHMETIC) = 27.09 ACRES± 1. THE BOUNDARY INFORMA77ON SHOWN ON THIS PLAT IS BASED ON A CURRENT FIELD SURVEY BY THIS FIRM. 2 NO.777LE REPORT FURNISHED, EASEMENTS MAY EXIST WHICH ARE NOT SHOWN. 3. 7HE PROPERTY SHOWN HEREON LIES EN77RELY WITHIN ZONE X, AREAS DETERMINED TO BE OU15ID£ THE 0.2% ANNUAL CHANCE FLOODPLAIN. PER NF.1.P. FLOOD INSURANCE RATE MAP No. 5 1 0 69 0033 1 S 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 -2 R 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 S41D PORTIONS OF T.M. 74 -A -71 ARE LESS THAN 100 FEET IN WIDTH AT THEIR 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 BOWMAN - SHOEMAKER COMPANIES, INC., o � � � LQ i � ALI ZARIN BCK CREEK RMAGIST£RIAL D SIRC T, COUNTY, S VIRGIN64 U RICHARD A M DENS y SCALE.- NIA DATE NOVEMBER 15, 2010 Lic. No. 2550 GREENWAY ENGINEERING, INC. t "-'5_'0 A 151 Windy Hill Lane q �D SUR � Engineers u Winchester, Virginia 22602 v�' Teleph (540) 662 -4185 FAX. (540) 722 -9528 4613 SHEET 7 OF 7 Founded in 1971 www.greenwayeng.com anrn tn_ee o' 0 cz 1 F(;FNn BRL = BUILDING RESTRICTION LINE PER ZONING ORDINANCE FH = FIRE HYDRANT GV = GAS VALVE o IRF = 112" IRON REBAR FOUND (UNLESS OTHERWISE NOTED) o IRS = 112' IRON RE84R & GAP SET • A& = SANITARY SEWER MANHOLE a PP = POWER OR OTHER U77LITY POLE TP = TELEPHONE PEDESTAL o TR = POWER TRANSFORMER BOX • Wk( = WATER METER • WV = WATER VALVE = OVERHEAD UTILITY WIRES * = FENCE LINE 9.7169 ACRES _ - 0.7353 ACRE + 0.4989 ACRE = 9.4806 ACRES 1.5489 ACRES + 0.1439 ACRE = 1.6927 ACRES T.M. 74 -A -71 (JUDITH BRIM CATES, ET AL) EXISTING AREA OF T.M. 74-A-71 (PER RECORD INFO) = 2700 ACRES± LESS POR77ON ADDED TO T M. 75 -A -2C (BY SURVEY) _ - 0.4989 ACRE LESS PORTION ADDED TO T.M. 75 - A -2 R (BY SURVEY) _ - 0.1439 ACRE PLUS POR710N OF TM. 75 - A -2 C ADDED (BY SURVEY) _ + 0.7353 ACRE NOTES ADJUSTED AREA (BY ARITHMETIC) = 27.09 ACRES± 1. THE BOUNDARY INFORMA77ON SHOWN ON THIS PLAT IS BASED ON A CURRENT FIELD SURVEY BY THIS FIRM. 2 NO.777LE REPORT FURNISHED, EASEMENTS MAY EXIST WHICH ARE NOT SHOWN. 3. 7HE PROPERTY SHOWN HEREON LIES EN77RELY WITHIN ZONE X, AREAS DETERMINED TO BE OU15ID£ THE 0.2% ANNUAL CHANCE FLOODPLAIN. PER NF.1.P. FLOOD INSURANCE RATE MAP No. 5 1 0 69 0033 1 S 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 -2 R 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 S41D PORTIONS OF T.M. 74 -A -71 ARE LESS THAN 100 FEET IN WIDTH AT THEIR 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 BOWMAN - SHOEMAKER COMPANIES, INC., o � � � LQ i � ALI ZARIN BCK CREEK RMAGIST£RIAL D SIRC T, COUNTY, S VIRGIN64 U RICHARD A M DENS y SCALE.- NIA DATE NOVEMBER 15, 2010 Lic. No. 2550 GREENWAY ENGINEERING, INC. t "-'5_'0 A 151 Windy Hill Lane q �D SUR � Engineers u Winchester, Virginia 22602 v�' Teleph (540) 662 -4185 FAX. (540) 722 -9528 4613 SHEET 7 OF 7 Founded in 1971 www.greenwayeng.com anrn tn_ee o' 0 cz -\ Ln 10 N ON x > v •� UV +J a ou aW m v u, o "¢ I v>r` 0 cu o F Tr vCL 0 0 060013844 0 r„ THIS DEED, made and dated this g day of,TJU 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, Kemstown 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, Kerstown Business Park designated as "Additional Street Dedication" on that certain plat titled "Final Plat Lot 11, Section 1, Kemstown 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 -211 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 2 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 0 0 0 rn WITNESS the following signature and seal: COOPER RIDGE ESTATES, LLC By: 2 -02 �� (SEAL) Paul L. Negley, Member/Manager STATE OF VIRG IA, AT LAR E, City/County of to -wit: The foregoing instrument was acknowledged before me, a Notary Public in and for the State and Jurisdiction aforesaid, this ,I day of 2006 by Paul L. Negley, Member/ Manager of Cooper Ridge Estates, LC. My Commission expires: n Michael L. Bryan 9 Court Square 2" Floor Winchester, VA STATE OF VIIjac, T I.t G City /County of MG The foregoing instrument was acknowledged before me, a Notary Public'ig Tdr•�: - the State and Jurisdiction aforesaid, this ly day of 2006 by Clement L. Negley, Member/Manager of Cooper Ridge Estates, LL My Commission expires: 9 4A4-1 ,...4 47\ THIS INSTRUMENT PREPARED BY: Michael L. Bryan, Esquire Bryan & Coleman, P.L.C. s •.. •... ;o�. 9 Court Square, 2n Floor Winchester, Virginia 22601 VIRGINIA: FREDL:RICK COUNTY.SCT. This instrument of writin, uas produced to me on xnap 1 CADCC&W,00p� aide to juja 1 m aab QnfY�. 525/06 and 4 h certificate acknowledcemcnl thereto annexed was admitted io rccotd. Tax impos.d 6 Scc. 55.1 -5112 of and 55.1 -6U( have been paid, if assessable, Bret , Clerk 0 0 N J CO THIS DEED, made and dated this 2e day of March, 2005, by and between I LEASING, LLC, a Virginia Limited Liability Company, hereinafter called the "Grantor'; and JASBO. INC.. a Virginia Corporation, hereinafter called the "Grantee ". WIINESSETH: That for and inconsideration of the sum of Ten Dollars ($10.00), Ln N Q N a Q O+ YpoiW a� 4 � m KTAK- 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 orlapsed. 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: Miehael L. Bryan 9 Court Square 2" Floor Winchester, VA JUVE LEASING, LLC, a Virginia Limited Liability Company B / �iir.i A 6f (SEAL) Claudio Buono, Manager STATE OF VIRGINIA, AT LARGE, CITWCAHhR'Y OF to-wit: R "I 1- 1 L The foregoing instrument was acknowledged before me on thes2uLday 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 Much, 2005. My commission expires 0 0w , THIS INSTRUMENT PREPARED BY: j lye Michael L. Bryan, Esquire 9 Court Square, 2 °d Floor Winchester, Virginia 22601 ........ 540/545-4130 MLB/pm c.0eeds\Juvc to Jasbo wa� prom"xi it) = 08 4' t1v Sm 5&I'Mal L l F, 14 7-L)o A �Ll / I itbiel L 13"an - Court Square 2" Floor Vindmter, VA 05 65 050 K ,. 0 N tT THIS DEED, made and dated this 2r day of March, 2005, by and between aM L EAS_t G, LLC_ a Virginia Limited Liability Company, hereinafter called the "Grantor'; and •JAM LNC.. a Virginia Corporation, hereinafter called the "Grantee ". WITNESSETH: That for and inconsideration of the sum of Ten Dollars ($10.00), Ln Ln N N vv a r a v r- .. N �{pW 4 O M C N m w vJ 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 "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. Tai 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 orlapsed. 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: ehaer 4 Bryan Court square 2" Floor 'inehester, VA JUVE LEASING, LLC, a Virginia Limited Liability Company By ./Lw— (SEAL) laudio Buono, Manager STATE OF VIRGINIA, AT LARGE, CITY /COlibg*-OF �i rh u�/ , to -wit: 0 N a% �.D The foregoing instrument was acknowledged before me on then? ra&y 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 2nd day of March, 2005. My commission expires THIS INSTRUMENT PREPAREp BY: Michael L. Bryan, Esquire 9 Court Square, 2' Floor Winchester, Virginia 22601 540/5454130 bn.D1PUa atDee&UV to Javbo 02 r r VIR(;r - ° - g COUNTY, SCT Tt is izw uman• -.r ; U9 WW P"Uwd to me on WK dkdv'. Ott ..; 1 •to t' *t�glra;gl,I t�! . .Clerk ehnal L Bryan Court square 2' floor 'inehester, VA