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HomeMy WebLinkAbout07-12 Deed7677 -187 EBY /law 'J V Q r V 0 N Cn THIS DEED OF DEDICATION AND MAINTENANCE AGREEMENT, made and dated this 24ih day of May, 2012, by Fern Ridge, LLC, a Virginia Limited Liability Company, party of the first part, and Sears -Smith Partnership, a Virginia General Partnership, party of the second part, both parties herein referred to as Declarants. WHEREAS, the parties hereto are owners of two adjoining tracts of land located in Shawnee Magisterial District, Frederick County, Virginia, Fern Ridge, LLC, acquiring theirs by Deed dated May 3, 2011, of record in the Office of the Clerk of the Circuit Court of Frederick County, Virginia, as Instrument Number 110003859, and Sears -Smith Partnership acquiring theirs by Deed dated February 22, 2005, of record in the aforementioned Clerk's Office as Instrument Number 050003769; and, WHEREAS, the parties hereto desire to dedicate a "JOINT STORM DRAIN & INGRESS /EGRESS EASEMENT" that is depicted on the attached plat of Ernest S. Holzworth, L.S., dated February 17, 2012, and to establish an agreement for maintenance; and, WITNESSETH NOW, THEREFORE, for and in consideration of the mutual covenants contained herein, which both parties hereto deem adequate, the Declarants hereby dedicate, grant and convey an ingress /egress easement and a storm drain easement for the benefit of their respective properties. CD N M tv Said casements are depicted on the attached plat of Ernest S. Holzworth, L.S., dated February 17, 2012, and by their reference made a part hereof. Said casements are nonexclusive and shall be perpetual and shall inure to benefit of both parties, and their successors and assigns. The maintenance of all improvements within the easement, which includes paving, curb, gutter, storm drainage, grass, trees and slopes and all other appurtenances will be the responsibility of Fern Ridge, L.L.C., or their successors and /or assigns. In the event if Sears -Smith Partnership, or their successors and /or assigns, expand the construction on their parcel, then, Sears -Smith Partnership or their successors and /or assigns will be wholly and solely responsible for any future construction and /or future maintenance within the Sears -Smith Partnership parcel. C) N W WITNESS the following signature and seal: Lay: Commonwealth of Virginia FERN RIDGF, LLC. a Virginia Limited Liability Company e ty /County of 4) cf;' % C .i 'To-wit: r (SEAL) a Notary Public in and for the State and jurisdiction aforesaid, do hereby certify that William Wolfensbergcr. Manager /Member of Fern Ridge, LLC, a Virginia Limited Liability Company, whose name is signed to the foregoing Deed of Dedication and Maintenance Agreement, dated the : Y clay ol' May, 2012 has personally appeared before me and acknowledged the same in my State and jurisdiction aforesaid. Given under my hand this, -' Y ' of May, 2013. G0.'n.��� GAR'( fir ' p�teUC = Notary Public tIFG. N ost• at My Commission expires: ?' /nv 7/ e ,� / y Notary Rct;istration il: - 70- T /Y•Y/ WITNESS the following signature and seal: NOTAR Y' G Qom:- PUBLIC ' * : REG. #12-7417 R o MY COPnMISSION Q o- EXPIRES / E General i ' 12/31/2013,•'Q0 Commonwealth of Virginia City/County of FAIRFAX. ` _� To -wit: CD N T G— P P, i G neJPership C, P, (SEAL) 1, �� T 2I c i A oT, rLYGU S , a Notary Public in and for the State and jurisdiction aforesaid, do hereby certify that J12 . , General Partner of Sears -Smith Partnership, a Virginia General Partnership, whose name is signed to the foregoing Deed of Dedication and Maintenance Agreement, dated the day of May, 2012 has personally appeared before me and acknowledged the same in my State and jurisdiction aforesaid. Given under my hand this -,--) C of 14a sv 1 2012. Notary Public My Commission expires: / z _ 3/ ' 13 Notary Registration #: / 7 V/ 7 C:\ WPDOCS \DadofDcdication\F=RidgeSe mSmithl87- 2.dod.wpd 4 1 ICJ u C N: a� CJ- \ \ \ T.M. 64F -1 -8 �% \\ \\ TRIAD ENGINEERING, INC. D. B. 785 PG. 10 \ \ \ \ \ \ \ EXISTING 20' SANITARY � SEWER EASEMENT \ ` D.B. 860 PG. 382 ssc°s,o \1\ .o�omo� 5737'39' W 247.29" o, ; I .\ N o 25' I 2 ' 1 I I 0 11 11 TM. 64 -A -40J SEARS -SMITH PARTNERSHIP T.M. 64F-1 - �, I I INST. No. 050003769 m 1 1 8.7241 AC. (RECORDED) B LOT f0 - AIRPORT BUSINESS 1 CENTER, SECTION 1 w 1 1.8055 AC. (RECORDED) c I 1 � I I I III II JOINT STORM DRAIN & 1 1 INGRESS /EGRESS L2 i 1 } HEREBY GRANTED 1 1 1 I 1 75' BRL _1 1 1 75' BRL — EXIST7NG 10' C do P TELEPHONE CO. RIGHT -OF -WAY I 1 D.B. 695 PG. 801 I I - - I— 4- -I- -- - - -- 1 1 50.74'L 1 71.03" -_ _- _ S 52'06 23" E 297.86' S 52.06 23" E 650.81 ' o EXISTING 20' F.C.SA. UTILITY AIRPORT ROAD - SR. B45 EASEMENT - D.B. 674 PG. 460 80' RIGHT -OF -WAY — — —� EXISTING 20' POTOMAC f0lSON — COMPANY RIGHT-OF-WAY D.B. 703 PG. 833 D.B. 711 PG. 554 50 0 50 GRAPHIC SCALE (IN FEET) JOINT STORM DRAIN & INGRESS /EGRESS EASEMENT LOT 10, AIRPORT BUSINESDS CENTER - SECTION 1 TH p�,Lj� AN TAX PARCEL 64-A -40J SHAWNEE MAGISTERIAL DISTRICT, FREDERICK COUNTY, WRGIN14 u RNE T S. 0 TH y Llc. 1837 19��1wf o'* SCALE 1" = 50' 1 DATE. FEBRUARY 17, 2012 GREENWAYWENGINEERING, �Nc. SUB. Engineers Winchester, Virginia 22602 Surveyors Telephone: (540) 662 -4185 1 949M SHEET 1 OF 2 FAX- (540) 722 -9528 Founded in 1971 www.greenwayeng.com ESMT 12 -04 1 ICJ u C N: a� CJ- NOTES 1. THE BOUNDARY SHOWN HEREON HAS BEEN PREPARED FROM FIELD LOCATED INFORMATION AND AVAILABLE RECORDS, BUT IS NOT PURPORTED TO BE A CURRENT BOUNDARY SURVEY OF THE LOT OR ANY PORTION OF THE BOUNDARY LINES. 2. NO TITLE REPORT FURNISHED. EASEMENTS MAY EXIST WHICH ARE NOT SHOWN. J. PROPERTY DATA TAX PARCEL: 64F -1 -10 OWNER: FERN RIDGE - INST. No. 110003859 ZONE: M -1 TAX PARCEL: 64 -A -40J OWNER: SEARS -SMITH PARTNERSHIP - INST. No. 050003769 ZONE. • M -1 LINE TABLE LINE BEARING DISTANCE L 1 S 28'06'42" W 120.35' L2 N 61'53'18" W 120.00' L3 N 28'06'42" E 141.04' JOINT STORM DRAIN & INGRESS /EGRESS EASEMENT LOT 10, AIRPORT BUSINESS CENTER - SECTION 1 AND TAX PARCEL 64 -A-40J SHAWNEE MAGISTERIAL DISTRICT, FREDERICK COUNTY, VIRGINIA SCALE N/A I DATE FEBRUARY 17, 2012 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 ERNEST S.O 1 WOR Lic. o. 11837 H a 1r 0 N) IJ 1 rn CD rV J VIRGINIA. FREDERICK COUNTY.SCr. This instrument of writing was produced to me on en 5-25-20 l z at / s /y` and with certificate acknowledgement thereto annexed was admitted to rccord.'rax imposed by Sec. 58.1 -602 of SSA _, and 58.1 -801 have been paid, if assessable. l e44 , Clerk I -0 14� F11.11I.- "I'll --o c- men - 0- --- --- ------- e.