HomeMy WebLinkAboutSP202000013 Ownership Documents 2020-07-21e c 950 "01e2
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This Deed is made as of July 15, 1987, between CHRISTIAN
RETREATS, INCORPORATED, a Virginia corporation ("Grantor") and
ANATHEA ASHLEY-SCHWARTZ ("Grantee").
W I T N E S S E T H:
In consideration of the sum of Ten Dollars ($10.00) cash in
hand paid by Grantee to Grantor and other valuable considera-
tion, the receipt of which is hereby acknowledged, Grantor
hereby grants and conveys with GENERAL WARRANTY and, except as
hereinafter set forth, ENGLISH COVENANTS OF TITLE, unto Grantee,
as her sole, separate, equitable estate, the following described
property (the "Property"):
ALL that certain tract or parcel of land with improvements
thereon situated in Albemarle County, Virginia, on the
south side of State Route 692, containing 145.33 acres, and
more particularly described on attached plat of survey made
by Wm. Morris Foster, Land Surveyor, entitled "145.33 Acres
of Land - A Portion of Wavertree Hall Farm, Samuel Miller
Magisterial District, Albemarle County, Virginia% dated
June S. 1987, Additions 7-8-87.
BEING part of the same real estate conveyed to Christian
Retreats, Incorporated, a Virginia corporation, by deed
from Katherine Newcomb Warner and Richard A. Warner, her
husband, dated June 15, 1978; and by deed of gift from
Penelope 0. Newcomb and Hisachika Takahashi, her husband,
dated June 15, 1978, both recorded June 20, 1978 in the
Clerk's Office of the Circuit Court of Albemarle County, i
Virginia, in Deed Book 649, page 124 and in Deed Book 649,
page 131, respectively.
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This conveyance is made subject to easements, conditions
and restrictions of record insofar as they may lawfully affect
the Property.
The Property is to be held and owned by Grantee in her own
right as her equitable separate estate, as if she were an
unmarried woman, for her sole and separate use and benefit, free
from the control and marital rights of her present spouse, the
right of curtesy of her present or any future spouse in and to
the Property being hereby expressly excluded. with full and
complete power in and to Grantee to sell, convey and encumber by
deed of trust or otherwise, or otherwise dispose of the Property
by deed or other instrument during her lifetime, without the
necessity of her present or any future spouse uniting in any
such deed, deed of trust or other instrument, and with the full
and complete poker in and to Grantee to devise or otherwise
dispose of the Property by her last will and testament.
IN WITNESS WHEREOF, Christian Retreats, Incorporated. has
caused this Deed to be executed by an officer of Grantor, duly
authorized.
CHRISTIAN RETREATS, INCORPORATED
A Virginia corporation
, President
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SEAL)
eoerc 9 5 D No I S 4
STATE OF �j fi f& 1 R11 A
CITY/Cq OF
The foregoing instrument was acknowledged before me this
day of July, 1987, by Tom MAp7_At40 as
I�.Sl&#.f— of Christian Retreats, Incorporated.
My commission expires: N1G" I-ts 1941 .
�cUal Aud-
Notary Public
'. The current business or residence address of Grantee or a
designee is:
Anathea Ashley -Schwartz
P.O. Box 247
Batesville, Virginia 22924
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PHYSICAL SURVEY SH O W ING
145.33 ACRES OF LAND - APORTIONOF
WAVERTREE HALL FARM
SAMUEL MILLER MAGISTERIAL DISTRICT
A LBEMARLE COUNTY, VIRGINIA
Scale: I"= 300' J u n e 5,
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87
Additions
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WM. M 0 R R IS FOSTER
LAND SURVEYOR
CHAR LOTTESVILLE , VA.
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WAVERTREE HALL FARM 3�{a-
KOt 6 6 i FAOEO 10 1 DECLARATION OF RESTRICTIONS
COVENANTS AND CONDITIONS
IMPOSED BY
CHRISTIAN RETREATS, INC.
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THIS DECLARATION made on the date hereinafter set forth 49ek4 "
by Christian Retreats, Inc., a Virginia non-profit corporation, SIilp
hereinafter referred to as the Declarant,
5l4!&o
W I T N E S S E T H s
WHEREAS, the Declarant is the fee simple owner of 236.54acres
of real estate Zoned RPN-Al located in the Samuel Miller Magisterial
District of Albemarle County, Virginia, and it desires to subject
part of this property as described in Exhibit A (plat of Lots 1-4B,
Wavertree Hall Farm, dated August, 1978, prepared by Wm. Morris Foster,
Professional Land Surveyor), Exhibit B (plat of Lots 5-15,
Wavertree Hall Farm, dated October, 1978, prepared by wm.
Morris Foster, Professional Surveyor), Exhibit C (plat of Lot
14A, Wavertree Hall Farm, dated January 22,1979, prepared by
Wm. Morris Foster, Professional Land Surveyor) and Exhibit D
(plat of Lots 16-23, Wavertree Hall Farm, dated August, 1978,
prepared by Wm. Morris Foster, Professional Land Surveyor)
tothe covenants, restrictions, easements and charges herein-
after set forth, each and all of which is for the benefit of
said property and the owners thereof.
NOW THEREFORE, the Declarant declares that the real property
described in Exhibits A. B, C. and D attached hereto is and
shall be held, transferred, sold, conveyed and occupied sub-
ject to the covenants, restrictions, easements and charges
hereinafter set forth, and to any and all valid amendments hereto.
These easements covenants, restrictions and charges shall be
covenants running with the land and shall be binding upon any
and all parties who have, or acquire, title to all or any part
of the above described properties and shall inure to the benefit
of,each owner thereof. All other property of the Declarant zoned
/�. RPN-Al shall be used as a Farm Operation and shall not be subject
/„yf/� to the aforementioned restrictions.
a
COX 667 PACED 1 O Z ARTICLE I
DEFINITIONS
Section 1.01. Declaration. The term Declaration as used`
herein shall mean the restrictions, covenants and conditions and
i
all other provisions herein set forth in this entire document,
as it may from time to time be amended,
j
Section 1.02. Common Area. The term Common Area as used
,
herein shall mean all of that real property reserved for the common
use and enjoyment of the lot owners and the Farm Operation parcel.
,
The Common Area to be reserved at the time of the conveyance of the
first Lot is to include the area within the bounds of Emmaeus Road,
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Kingsway Road, No ther Springs Road, a bark mulch path shown as a 20
foot Walkway Easement, and another bark mulch path shown as
a 10 foot Walkway Easement, all as more particularly described
'
in Exhibits E, F, G, H, and I attached hereto and by this
reference made a part hereof.
Section 1.03. Lot. The term Lot as used herein shall
mean and refer to any plot of land designated as a Lot upon the
most recently recorded plats of Wavertree Hall Farm, but the
term Lot shall not include all or any part of the Common Area or
the Farm Operation Parcel.
Section 1.04. Owner. Owner as used herein shall mean and
refer to the record owner, whether one or more persons or
i
entities of the fee simple title to any Lot, including contract
sellers, but excluding purchasers who have not yet taken title,
"
and further excluding those holding such interests solely as
}{
securities for the performance of an obligation. In the case where
a Lot is held by one or more persons for life with remainder to
another or others the term Owner shall mean and refer only to
such life tenant or tenants until such time as the remainderman
or remaindermen shall come into use, possession, or enjoyment
,
of such Lot.
j
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6?OK g g] PAG¢0 10 3
ARTICLE II
ARCHITECTURAL CONTROL
_ Section 2.01. Committee Composition. The Architectural
Control Committee, hereafter the Committee, will be composed
3 - initially of Floyd M. Artrip, Eric Goetz and John Manzano.
I
When the Declarant has conveyed the last of the aforementioned
Lotsor at such earlier time as the Declarant in its sole descre-
tion deems appropriate the Declarant thereafter will annually
it
appoint one person to serve as,a member of the Architectural
Control Committee and a majority of the lot owners will
simultaneously elect two other persons to membership on
this committee.
Section 2.02. Purpose. The Committee shall regulate the
external design, appearance, use and location of the Lots and
improvements thereon in such a manner so as to preserve and
enhance property values, to maintain a harmonious relationship
among structures and the natural vegetation and topography and
to conserve existing natural amenities.
Section 2.03. Conditions. No improvements, alterations,
.y )
repairs, changes in color, excavations, changes in grade, major
landscaping or other work which in any way alters the exterior
appearance of any property or improvement located thereon from
its natural or improved state existing on the date such property
was first conveyed in fee by the Declarant to an Owner, shall be
made or done until the plans, specifications, working drawings,
and proposals for the same showing the nature, kind, shape, type,
color, materials and location thereof shall have been. submitted
and approved in writing by the Committee pursuant to Section
2.04. No building, fence, wall, residence, or other structure
shall be commenced without prior written approval of the Committee.
Section 2.04. Procedure. In the event that the Committee
TS'`• fails to approve, modify, or disapprove in writing a request for
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VOK 6 67 PAGEO 10 4
approval required herein within 30 days after plans, specific-
ations, or other appropriate materials have been submitted in
writing to the committee, approval will be deemed granted.
ARTICLE III
,
USE RESTRICTIONS
Section 3.01. The Lots shall be occupied and used as
follows:
a. No Lot shall be used except for residential and/or
agricultural purposes. No building shall be erected, placed,
I,
altered or permitted to remain on any Lot other than: One (1)
detached single-family dwelling; outbuildings consistent with
residential use; and a private garage for not more than two (2)
automobiles; provided that their respective plans and specific-
ations have been approved in writing by the Architectural Control
Committee.
b. No building, including outbuildings and garages shall be
located less than fifty (50) feet from the front lot line, less
than thirty (30) feet from a side line, and less than fifty (50)
,
feet from a rear lot line.
c. No Owner shall do or keep or permit anything to be done
or kept in his Lot, which would result in the cancellation of
insurance on any Lot, or which would be in violation of any law.
d. No sign of any kind, with the exception of a standard
I
real estate "For Sale" or "For Rent" sign, shall be displayed to
f
the public view from any Lot.
e. No animals, livestock or poultry of any kind shall be
raised, bred, or kept on any Lot, except that dogs, cats or other
common household pets may be kept.
i
f. No noxious, boisterous or offensive activities shall be
carried on in any Lot, nor shall anything be done thereon that
may become an annoyance or nuisance to the other Owners or injure
the value of the neighboring property.
)
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j
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G90C 6 6] PAGEO 10 5
g. No Lot shall be used as a dumping ground for rubbish,
trash, garbage or other waste, nor shall same be kept except in
sanitary containers. All incinerators or other equipment for the
storage or disposal of such materials shall,.be kept in a clean
and sanitary condition.
Section 3.02. Utility and drainage easements. The Declarant
reserves unto itself, its successors and assigns a perpetual and
alienable easement and right-of-way above ground and under ground
through all area subject to this Declaration and any supplementary
Declaration, whether within roads or the boundaries of Lots, and
excepting only approved building areas, to construct, maintain,
inspect, replace and repair electric and telephone poles, wires,
cables, conduits, pipes, and other suitable equipment for the
conveyance of water, telephone,, electricity, cable communications
and other utilities and public conveniences and storm and surface
water drainage, together with the right of ingress and egress to
all such facilities and easements for the construction and
maintenance thereof. The easements provided for in this section
.shall include the right to cut any trees, brush, and shrubbery,
and take other similar action reasonably necessary to provide
economical and safe utility installation and drainage service.
The rights herein reserved may be exercised by a licensee of
the Declarant, but shall not be deemed to impose any obligation
upon the Declarant to provide or maintain any utility or drainage
services. The Declarant covenants for itself, its successors
and assigns to place of record a plat showing the location of any
poles, wires, cables, conduits, pipes or other equipment installed
or constructed pursuant to this easement. Any damage resulting
from the use of the easements hereby reserved shall be promptly
rectified at the expense of the entity causing such damage.
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6 6 7 PACED I a 6 ARTICLE IV
PROPERTY RIGHTS IN THE COMMON AREAS
Section 4.01. Subject to the provisions of this Article
IV, every lot owner shall have the right of and a nonexclusive
easement of ingress and egress to and from his respective Lot
and state Route 692 over the Common Area which easement shall
be appurtenant to and pass with the title to every Lot. The
right of each lot owner to the use and enjoyment of the Common
Area shall extend to his immediate family, tenants or contract
purchasers, provided that such persons reside on the property
of the lot owner, and to the guests and invitees of the lot
owner or such persons to whom the lot owner's right to such
use and enjoyment extends.
Section 4,02. The Declarant hereby reserves an easement in
the Common Area unto the owner of the Farm Operation parcel,
subject to a lien of any deed of trust which is in existence
as of the date of filing of this Declaration.
Section 4.03. It is hoped that Emmaeus Road, Kingeway Road,
and Nether Springs Road as shown on the aforementioned plats will
one day be accepted into the State system and will thereafter
be maintained by the Virginia Department of Highways or other
public agency. There are no assurances, however, that the roads
will be accepted into the state system. UNLESS AND UNTIL SUCH
ACCEPTANCE INTO THE STATE SYSTEM THE ROADS WILL BE PRIVATELY
MAINTAINED BY THE LOT OWNERS IN ACCORDANCE WITH THE PROVISIONS
OF THIS DECLARATION, AND WILL NOT BE MAINTAINED BY THE COUNTY
OF ALBEMARLE, THE COMMONWEALTH OF VIRGINIA OR ANY OTHER PUBLIC
AGENCY.
Section 4.04. The rights and easements of enjoyment created'
hereby shall be subject to the right of the Declarant to grant
easements for public utility purposes to any public utility for
the purpose of installation or maintenance of necessary utilities
to serve any Lot including the extension of said utility to ad-
jacent properties.
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a
..i
Lnx G ] PAGE] 10 % ARTICLE V
COVENANTS FOR MAINTENANCE ASSESSMENT
section 5.01. The Declarant for each Lot owned by it hereby
i.
covenants that each lot owner as well as the owner of the Farm
Operation Panel by acceptance of a deed therefor, whether
or not it shall be so expressed in any deed or conveyance,
shall be and is hereby deemed to covenant and agree to pay
a proportionate share of the costs of repairs and mainten-
ance to that road which services their property when-
ever a majority of the lot owners serviced by said road deem
such maintenance or repairs necessary. A MAJORITY OF THE LOT
OWNERS SERVICED BY A ROAD SHALL DETERMINE THE STANDARDS TO
WHICH THAT ROAD IS TO BE CONSTRUCTED AND MAINTAINED. THE COST
OF REPAIRS AND MAINTENANCE TO THE WALKWAY EASEMENTS SHALL BE
BORNE EQUALLY AMONGST ALL OF THE LOT OWNERS. All property owners
shall be liable for their share of the cost of repairs and mainten-
ance of the Common Area and shall pay to the person or corporation
performing such repairs or maintenance said share of the costs
thereof within thirty (30) days after a bill for such charges
is submitted by the person or corporation performing such re-
pairs or maintenance.- if not paid within said time period the
amount due by each property owner shall bear interest at the
maximum rate provided by law and the other property owners liable
for said charges or the person or corporation performing such
repairs or maintenance may bring an action at law against the
property owner obligated to pay said share of said charges or fore-
close the lien hereinafter provided for against such property owner's
property andinterest, costa and reasonable attorney's fee shall
be added to the amount of such charge for which such property owner
is responsible.
Section 5.02. There shall be a continuing lien upon each .
of lot and the farm operation parcel to secure the payment of the
charges herein provided for repairs or maintenance to the Common
Area but such Lien shall at all times be subject to any first or
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C;8( 6 6 7 PANG 10 8
second mortgage or deed of trust placed on the property at any
time. If the said share of any costs of repairs or maintenance is
i
not paid by any property owner within thirty (30) days after the same ,
becomes due and payable, a notice of such non-payment as to such prop
arty may be recorded by the other property owners or by the person or
corporation performing such maintenance or repairs in the Clerk's
Office of the Circuit Court of Albemarle County, and from the time
of such recordation the amount stated in the notice with interest,
i
costs and reasonable attorney's fees shall become a lien prior -
i
to any first or second mortgage or deeds of trust recorded
1
subsequent to the date of such notice.
Section 5.03. The following properties subject to this
Declaration shall be exempt from the charges and liens created
herein:
a. All properties to the extent of any easement of other ,
interest therein dedicated to and accepted by the State of
Virginia or any agency or political subdivision thereof devoted ,
to public use.
b. All Common Area
ARTICLE VI I
DECLARATION,OF ROAD DEDICATION
The Declarant hereby dedicates to public use'for.,.future
road widenings a strip of land five (5) feet in width Ohich is j
located along and parallel to the existing right-of-way on the it
south line of State Route 692. See attached plats (Exhibits
:
A and D) for a more detailed description of the property hereby
dedicated. The Declarant also dedicates to public use 'for future f
road widenings all of that area of land owned by the Declarant j
which is located within twenty-five feet of the present center- }
line of State Route 637. See attached plats (Exhibits B, C, and �.
D) for a more detailed description of the property hereby dedicated. i�1J
_g_ I
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Enox 6 6 7 PAGED 10 9
ARTICLE VII
GENERAL PROVISIONS
Section 7,01. The Declarant expressly reserves unto it-
self, its successors and assigns an exclusive right of first
refusal to purchase any Lot subsequently marketed for sale. The
Declarant agrees to execute a contract to purchase any Lot offered
for sale within two weeks after receiving notice of the lot
owner's intentions to sell. The Declarant furthermore agrees
to settle within 60 days of contract execution and will pay fair
market value as determined by an M.A.I. Appraiser. In the event
the Declarant fails to contract or to settle within the time
frames stated herein, the Declarant waives all rights under this
paragraph.
Section 7.02. Enforcement. The Architectural Control
Committee as well as any Owner shall have the right to enforce
by a proceeding at law or in equity, restrictions, conditions,
covenants, reservations, liens and charges now or hereafter im-
posed by the provisions of this Declaration'. Failure by any•
party.to enforce any covenant or restriction herein contained
shall in no event be deemed a waiver of the right to do so
thereafter.
Section 7.03. Invalidation. Invalidation of any one of
these covenants or restrictions by judgment or court order shall
in no event be deemed a waiver of the right to do so thereafter.
Section 7.04. Restriction on further subdivision. No Lot
shall be further subdivided or separated into smaller Lots by.
an Owner without the written consent of the Declarant, its
successors or assigns, and no portion less than all of any.such
Lot shall be conveyed or tran§£erred by an owner; provided how-
ever that this shall not prohibit deeds of correction, deeds
to resolve boundary line disputes and similar corrective .
instruments. No Lot shall be used as roadway for access to
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w
em 6 6 7 PACEQ I 10
any property lying outside of the boundaries of the Development
without the written consent of the Declarant, its successors
or assigns. .
Section 7.05. Duration: The covenants and restrictions of
this Declaration shall run with and bind the land for a. term of
twenty-five years from the'date this Declaration is recorded,,
and thereafter shall be automatically renewed for successive
periods of ten years each unless terminated as provided for in
Section 7.06.
Section 7.06. Termination and amendment.. This Declaration
may be terminated at the end of the original or any renewal
period upon the recordation of any instrument in the appropriate
Clerk's Office signed by two-thirds of the then Owners agreeing
� r :
termination or change in this Declaration in whole or
March 15, 1979 CHAISTIAN RETREATS, INC.
s } r,
STATE OF VIRGINIA,
cr,C, y of X11jel'lode to -wit:
The foregoing instrument was acknowledged before�me• in my
County and State aforesaid by ✓Gan PJ '�•Gs. „
My commission expires reb
_10_
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HE 6 6 7 PACEO I I I
EXHIBIT A
1
ALL those certain lots, pieces or parcels of land, to-
gether with all appurtenances thereto belonging or in
lI anywise thereunto appertaining, lying, being and situate
i, in Samuel Miller Magisterial District, Albemarle County,
Virginia, and designated as Lots 1, 2, 3, 4-A and 4-B
on plat styled "Wavertree Hall Farm (Lots 1-4B)", dated
August, 1978, made by Wm. Morris Foster, Professional
Land Surveyor, a copy of which plat is attached hereto
and to which plat reference is hereby made for a more
specific description of the property herein conveyed.
EXHIBIT B�
ALL those certain lots, pieces or parcels of land, to-
gether with all appurtenances thereto belonging or in
anywise thereunto appertaining, lying, being and situate
in Samuel Miller Magisterial District, Albemarle County,
Virginia, and designated as Lots 5, 6, 7, 8, 91 10, 11,i
12, 13, 14 and 15 on plat styled "Wavertree Hall Farm
d
(Lots 5-15)", dated October, 1978, made by Wm. Morris
Foster, Professional Land Surveyor, a copy of which plat
'......
is attached hereto and to which plat reference is hereby
made for a more specific description of the property
'',...
herein conveyed.
''....
L
EXHIBIT C
3
'
ALL that certain lot, piece or parcel of land, together
-i
with all appurtenances thereto belonging or in anywise
thereunto appertaining, lying, being and situate in
Albemarle County,
Samuel Miller Magisterial District,
r _,...
Virginia, and designated as Lot 14A on plat styled
"Wavertree Hall Farm (Lot 14A)", dated January 22, 1979,
made by Wm. Morris Foster, Professional Land Surveyor,
a copy of which plat is attached hereto and to which plat
-:.
reference is hereby made for a more specific description
of the property herein conveyed.
6
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EXHIBIT D
-0
ALL those certain lots, pieces or parcels of land, to-
gether with all appurtenances thereto belonging or in
'..
21's�
anywise thereunto appertaining, lying, being and situate
in Samuel Miller Magisterial District, Albemarle County, '
Virginia, and designated as Lots 16, 17, 18, 19, 20, 21,
p',• ,;
22 and 23 on plat styled "Wavertree Hall Farm (Lots .16-
by Wm. Morris Foster,
23)", dated August, 1979, made
Professional Land Surveyor, a copy of which plat is attached
- hereto and to which plat reference is hereby made for a
more specific description of the property herein conveyed.
x
.,
690K 6 6 7 PAGEO 112
EXHIBIT E
ALL that certain piece or parcel of land, together with
all appurtenances thereto belonging or in anywise thereunto
appertaining, lying, being and situate in Samuel Miller
Magisterial District, Albemarle County, Virginia, containing
21.744 acres, and designated as Emmaeus Road on plat
styled "Wavertree Hall Farm (Lots 1-4B)", dated August, 1978,
made by Wm. Morris Foster, Professional Land Surveyor, a copy
of which plat is attached hereto and to which plat reference
is hereby made for a more specific description of the
property herein conveyed.
EXHIBITS F and G
All that certain lot, piece or parcel of land, together with
all appurtenances thereto belonging or in anywise thereunto
appertaining, lying, being and situate in Samuel Miller
Magisterial District, Albemarle County, Virginia, containing
37.506 acres, and designated as Xingsway Road on plats
styled "Wavertree Hall Farm (Lots 5-15) and (Lot 14A)", dated
October, 1978, and January 22, 1979, respectively, made by
Wm. Morris Foster, Professional Land Surveyor, copies of
which plats are attached hereto and to which plats reference
is hereby made for a more specific description of the
property herein conveyed.
EXHIBIT H
ALL that certain piece or parcel of land, together with
all appurtenances thereto belonging or in anywise thereunto
appertaining, lying, being and situate in Samuel Miller
Magisterial District, Albemarle County, Virginia, containing
27.614 acres, and designated as Nether Springs Road on plat
styled "Wavertree Hall Farm (Lots 16-23)", dated August, 1978,
made by Wm. Morris Foster, Professional Land Surveyor, a copy of
which plat is attached hereto and to which plat reference
is hereby made for a more specific description of the
property herein conveyed.
EXHIBIT I
ALL that certain piece or parcel of land, together with
all appurtenances thereto belonging.or in anywise thereunto
appertaining, lying, being and situate in Samuel Miller
Magisterial District, Albemarle County, Virginia, containing
1.e t acres, and designated as a 20 Foot Walkway Easement and
a 10 Foot Walkway Easement, respectively, on plat styled
"Walkway Easement--Wavertree Hall Farm", dated February 22, 1979,
made by Wm. Morris Foster, Professional Land Surveyor, a copy o£
which plat is attached hereto and to which plat reference
is herby made for a more specific description of the property
herein conveyed.
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VIRGINIAz IN THE CLEEX'S OFFICE Or THE CIRCUIT COURT OP THE COUNTY OF ALE ENARLE
.deed was presenteda, and with Certificate annexed, admitte to record on
�M.
STATE TAX ', .. .. . _ ..
' . TAX TRAN _.. .. - ..
TRANSFER FEE
CLERK'S FEE.TG M. TESTS:
FLAT '�— SHELHY J. MARSHALL CLERK
GRANTOR'S TAX O. .
I .. TOTAL �q_m BY t_-�kQjiEFUTY CLMM
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