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THIS DEED, made and dated this 28 day of October, 2003 by and between
CHADWICK H. MASSEY, CHESTER C. MASSEY, and LINDA M. BEAVERS,
hereinafter called the Grantor and DAVID A. TACKS and LINDA W. HICKS• hereinafter
called the Grantees and CHADWICK H. MASSEY, Executor.
WITNESSETH: That for and in consideration of the sum of Ten Dollars ($10.00), cash
in hand paid and other valuable consideration, receipt whereof is hereby acknowledged, the
Grantor does grant and convey, with General Warranty and with English Covenants of Title,
unto the Grantees, as tenants by the entirety in fee simple, with survivorship as at common law,
together with all rights, rights of way, privileges, improvements thereon and appurtenances
thereto belonging, all of the following realty:
All of that certain lot or parcel of land containing 37,367 square feet, more or
less, together with all improvements and appurtenances thereto belonging, lying
and being situate along the Western Side of U. S. Highway No. 522 and the
Northern Side of what is known as the Burnt Church Road, about three miles
Northwest of Winchester, in Gainesboro District, Frederick County, Virginia,
and more particularly described by plat and survey of Michael M. Artz, LA.,
dated May 21, 1998 of record in the Office of the Clerk of the Circuit Court of
Frederick County, Virginia in Deed Book 909 at Page 563. AND BEING the
same property conveyed to Mary Alice Massey and Asa J. Massey, her husband,
as tenants by the entirety with right of survivorship, by deed front Mary Alice
Massey and Asa J. Massey, her husband, dated October 17, 1984 of record in the
Office of the Clerk of the Circuit Court of Frederick County, Virginia in Deed
Book 584 at Page 321. The said Mary Alice Massey died March 13, 1999 and
her interest in the aforesaid property passed to Asa J. Massey, her husband by
the aforementioned survivorship provision. The said Asa J. Massey died July 5,
2003 testate and his Will of record in the aforesaid Clerk's Office as Instrument
Number 03 -133 left his estate to the Grantors herein. Reference is hereby made
to the aforesaid plat, deed of dedication, deed and the references contained
therein for a further and more particular description of the property conveyed
herein.
This conveyance is made subject to all legally enforceable restrictive covenants and
easements of record affecting the aforesaid realty.
The Grantor does hereby covenant that they have the right to convey to the Grantees;
that the Grantees shall have quiet and peaceable possession of the said property, free from all
liens and encumbrances; and they will grant such further assurances of title as may be requisite.
The party of the third part joins in the execution of this Deed to relinquish any interest
the Estate has in this property.
WITNESS the following signatures and al s•
K H S
CHADWICK
C. MASSEY
2§4fi
EA ER
CHADWI H. MASSEY, Executor
(SEAL)
(SEAL)
(SEAL)
(SEAL)
STATE OF VIRGINIA
COUNTY OF FREDERICK, To -wit:
I, Cathy M. Jewell, a Notary Public in and for the State and jurisdiction aforesaid, does
hereby certify that Chadwick H. Massey, Individually and as Executor, whose name is signed to
the foregoing Deed, dated this 2W' day of October, 2003 has personally appeared before me and
STATE OF VIRGINIA
acknowledged the same in my State and jurisdiction aforesaid.
Given under my hand this 28 day of October, 2003.
My commission expires 12131/04.
STATE OF VIRGINIA
COUNTY OF FREDERICK, To -wit:
Notary Public
CO
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COUNTY OF FREDERICK, To -wit:
I, Cathy M. Jewell, a Notary Public in and for the State and jurisdiction aforesaid, does
hereby certify that Chester C. Massey, whose name is signed to the foregoing Deed, dated this
28t day of October, 2003 has personally appeared before me and acknowledged the same in my
State and jurisdiction aforesaid.
Given under my hand this 28t day of October, 2003.
My commission expires 12/31/04.
C._
Notary Public
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I, Cathy M. Jewell, a Notary Public in and for the State and jurisdiction aforesaid, does
hereby certify that Linda M Beaver, whose name is signed to the foregoing Deed, dated this
28 day of October, 2003 has personally appeared before me and acknowledged the same in my
State and jurisdiction aforesaid.
Given under my hand this 28 day of October, 2003.
My commission expires 12/31/04.
l3h mvmaxvee prepared y.
Pd.1a B. Yon
1:%*.ndap, Johm.q Mac.. a Buhr, P.LC
112 South Cyy, Street
Wiachemn, Vypy 22601
(540) 6627436
VIRGINIA: FREDERICK COUNTY, SCT.
This instrument of writing was produced to me od
r ti Clerk
4 0 1
4 J
a
t� Z 4
N.
)0-p29-63, /0:J14 ittn
and with certificate of acknowledgement thereto annexed
was admitted to record. T imposed biy Sr. 58.1-802 of
/5-41 Da and 58.1 -801 have been paid. if assessable
Pile #3865 /IEAW
Rezoning Plat
BK9091'CO
The attached plat, and courses and distance
description, made by n/C/Jae./ /77, ,.14 Certified Land
Surveyor, b2nc4je .!e/ Virginia, dated
19 r of the lands of
17 bee f 4 64. 7 /yf4sse(r situate in
2rre 6 /�0{-O District, Frederick County, Virginia, and
being the same land acquired by the said
by deed dated (9e1/2 19 from
in 2/
of record in the Clerk's Office of the Circuit Court of Frederick
County, Virginia, in Deed Book No. 33 Page Sod is
hereby confirmed and submitted for record in the aforesaid
Clerk's Office.
Given under our hands this 7 day of
My commission expires VC'CD
Given under my hand this '7
1(a), C1411-,
Owner
Owner
Owner
(SEAL)
(SEAL)
(SEAL)
(SEAL)
STATE OF VIRGINIA
COUNTY OF FREDERICK,, TO -WIT: 17/. J/
I, cgtn/DR ,41W//)01 a Notary Publi
for said County of Frederick, in the State of Virgin ia, do hereby
certify that /124e 4/,2L /)'t.9 Ac,
whose names are signed to the foregoing Certificate of Connfirmati
by Owners, and Plat, bearing date of the 7 day of Velt.
19q have acknowledged the same before me in my county afore-
said.
Nota
NOTES:
1. ECONDNif 90111 IW$ WAS MUDDIED BY A FlEID RUN SUFNEY
PERFORMED HT EMT AWES G3 moy 21. 1998.
2. INS PLAT 6 SLOW TD asoszons RI:manors OF RECORD.
3. NO TITLE REPORT FURWS/O.
4. R�43-0E—WAYS OR FASIDWAS, IF ANT, APE NOT 9NX11.
1V15 necruertes.
72-A-78 618/714
RCN PPE
(FOUND)
<3..441
\row
A=132.95'
R=238.73'
8=N 6r2015 W
C=131.24'
S 83
E
305.2
329.05.
BK 909 PG 0563
77 JAA#C5 P. FLOVNe$25, JR.
42-A-19
228/99 42-A-80
212/ 299
.00ti\PARY 5LIZVElf Of 11-0
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L• 446:
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f70 084,S fl1 4427A-:81
CALE, I" or PATe, MAY 21, 1998
G.AINV.500R0 cisnacr, rizerotaa. C01191Y, VIRGINIA
FROJECT iS8.5102
CONCRETE
11014AUTT
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S 00'48 E
43,88'
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Ebert and Anociater
e. Meas. aseide., Lte. Compri
L41) MESS IC Rae 1:0115POW
35 v. imam suer
V10113113t t ram -fIC
fl 5113-117-3233 FM SW-10-11M1
fla 1-ae-7e-ma
SHEET 2 OF 2
:a.
a yyrrrant of Un was wit* r pis
>i and M. o c •9 thereto vexed
and cater canniest. la ord. Tax Imposed by Saa. *9.1402 vl
wu ad recand a &1 -901 have bean paid. 11 aaeeasable.
BK909PG0564
The following is the metes and bounds description of a 37,357 square foot parcel'
of land located on the northern side of Burnt Church Road and the western side of Nonh
Frederick Pike, in Gainesboro District, Frederick County, Virginia, and being the same
property conveyed to Mary Alice Massey Asa 1 Massey by deed dated October 17,
1984 and recorded in Deed Book 584, Page 321.
BEGINNING at a point in the western line of North Frederick Pike (U.S. Route 522) and
in the center of Burnt Church Road (Va. Rte. 678); thence with the center of Burnt
Church Road the following three courses
N 76 -13 -31 W 92.83 feet
to a point at the p.c. of a curve to the right and having a radius of 238.73 feet; thence with
the arc of said curve 132.95 feet
Long Chord N 61 -20-35 W 131.24 feet
to a point at the p.t. of said curve; thence
N 45 -11 -33 W 173.95 feet
to a point; thence with Tidis Properties Inc. in part and continuing with James P. Flowers,
Jr.
S 83 -20 -30 E 329.05 feet
passing through an iron pipe (found) at 23.84 feet to a rebar (set) in the western line of
North Frederick Pike (U.S. Route 522); thence with the right -of -way lines of said North
Frederick Pike
S 00 -35 -05 E 125.60 feet
to a concrete monument (found), thence
S 00-48-49 E 43.88 feet
to the beginning.
CONTAINING 37,357 SQUARE FEET
SURVEYED MAY 21, 1998