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SP202200003 Other 2022-02-21
Instrument Control Number 000121 Commonwealth of Virginia Land Record Instruments Cover Sheet - Form A [ILS VLR Cover Sheet Agent 1.0.66] T1 n Date of Instrument: A D Instrument Type: X R E P Number of Parcels X Number of Pages M City ❑ County x❑ P [1/3/03 [AG IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII�IIII�III�II��IIII��IIII�I�III��III�II��� Doc ID: 000247060011 Type: DEE Recorded: 01/03/2003 at 02:13:35 PM Fee Amt: $19.00 Page 1 of 11 SHELBY MARSHALL,CLERK CIRCUIT CT. shelbv Marshall Clerk Circuit Court File# 2003-00000121 1BK2351 P0262-272 [ 3] [ 8] — [Albemarle County ] (Box for Deed Stamp only) First and Second Grantors T HI _Last Name _ [Ergenbright TR of Mount] [Dick ❑ ❑ [Willis TR of Mountain PI ] [Lloyd First and Second Grantees Last Name First Name Middle Name or Initial Suffix ❑ ❑ [Weather Hill Homes Ltd ] [ ] [ ] [ ❑ ❑ [Ergenbright TR of Mount ] [Dick ] [ ] [ Grantee Address (Name) [Weather Hill Homes Ltd (Address 1) [315 Old Ivy Way Suite 102 (Address 2) [ (City, State, Zip) [Charlottesville ] [VA ] [22903 Consideration [0.00 ] Existing Debt [0.00 ] Assumption Balance [0.00 Prior Instr. Recorded at: City ❑ County ❑ [ ] Percent. in this Juris. [ 100] Book [ ] Page [ ] Instr. No [ ] Parcel Identification No (PIN) [05700-00-00-02400 ] Tax Map Num. (If different than PIN) [05700-00-00-02400 ] Short Property Description [ ] [ ] Current Property Address (Address 1) [ ] (Address 2) [ ] (City, State, Zip) [ ] [ ] [ ] Instrument Prepared by Recording Paid for by Return Recording to (Name) (Address 1) (Address 2) (City, State, Zip) Customer Case ID Cover Sheet Page # 1 of 2 [Richmond and Fishburne LLP [Richmond and Fishburne LLP [Richmond and Fishburne LLP [214 East High Street [Charlottesville [020149 ] [ ------------ - - - - -- ] [VA ] [22902 1[ Instrument Control Number Commonwealth of Virginia Land Record Instruments Continuation Cover Sheet Form C [ILS VLR Cover Sheet Agent 1.0.66] T G G C Date of Instrument: [1/3/03 ] A R R G Instrument Type: [AG ] X A A R N N P Number of Parcels [ 31 E T T X O E Number of Pages [ 8] E R E City ❑ County x❑ [Albemarle County ] (Box for Deed Stamp Only) M P Grantors/Grantees/Parcel Continuation Form C T Last Name First Name Middle Name or Initial Suffix ❑ x❑ ❑ ❑ [Eubank TR of Mountain ] [Daniel ] [ ] [ ] ❑ ❑ x❑ ❑ [Willis TR of Mountain P ] [Lloyd ] [ ] [ ] ❑ ❑ x❑ ❑ [Eubank TR of Mountain ] [Daniel ] [ ] [ ] ❑❑❑❑ [ ][ l[ ][ 1 ❑❑❑❑ [ ][ ][ ][ l Prior Instr. Recorded at: City ❑ County ❑ [ ] Percent. in this Juris. [ 100] Book [ ] Page [ ] Instr. No [ j Parcel Identification No (PIN) [05700-00-00-02600 ] Tax Map Num. (If different than PIN) [05700-00-00-02600 ] Short Property Description [ ] Current Property Address (Address 1) [ ] (Address 2) [ ] (City, State, Zip) [ ] [ ] [ ] Prior Instr. Recorded at: City ❑ County❑ [ ] Percent. in this Juris. [ 1001 Book [ ] Page [ ] Instr. No [ ] Parcel Identification No (PIN) [05700-00-00-029A0 ] Tax Map Num. (If different than PIN) [05700-00-00-029A0 ] Short Property Description [ ] ] [ Current Property Address (Address 1) [ ] (Address 2) [ ] (City, State, Zip) [ ] [ ] [ ] Cover Sheet Page # 2 of 2 000121 Prepared by and after recording, return to Richmond and Fishburne, L.L.P P. O. Box 559 Charlottesville, VA 22902 TMP 57 - 24,26 and 29A /C q; c-. .2o7-ff. THIS DEED OF BOUNDARY SETTLEMENT is made and entered into this"day of December, 2002, by and between DICK ERGENBRIGHT a/k/a Richard T. Ergenbright, Jr., LLOYD WILLIS and DANIEL EUBANK, Trustees of MOUNTAIN PLAIN BAPTIST CHURCH, Grantors and Grantees (herein "Church") whose address is: 4297 Old Three Notch'd Road, Charlottesville, Virginia 22901, and WEATHER HILL HOMES, LTD., a Virginia corporation, Grantee and Grantor (herein "Weather Hill"), whose address is: 315 Old Ivy Way, Suite 102, Charlottesville, VA 22903. WITNESSETH: WHEREAS, the Church and Weather Hill are the owners of two adjoining tracts of land designated on Albemarle County Tax Map 57, as Parcels 24 (the "Weather Hill Property"), and 26 and 29A (the "Church Properties"), lying on State Route 802 in Albemarle County, Virginia, and there exists some question as to the correct location of the boundary line between the lands of the parties; and WHEREAS, the common boundary line between the parcels has been surveyed by Roger W. Ray & Assoc., Inc., a plat of which survey, dated June 10, 2002, (the "Plat"), is attached qs exhi bil- C CWd O heretogmd made a part of this deed; and WHEREAS, the parties agree that the true and correct location of the boundary between their respective lands is that certain boundary line shown on the plat as the line running from points "F" to "G" and ending at point "H" having a course beginning at point "F" of N 52' 47' 31" W for a distance of 17.47 feet to a point, thence N 50' 36' 49" W for a distance of 70.32 feet to point "G", thence N 50° 36' 49" W for a distance of 127.99 feet to a point, thence N 50° 39' 10" W for a distance of 52.18 feet to a point, thence N 64° 27' 01" W for a distance of 27.83 feet to a t4,,.� point, thence N 66° 17' 14" W for a distance of 32.41 feet to point "H";,atr6 WHEREAS, the Albemarle County Circuit Court approved appointment of the Church Trustees by order dated November 25, 2002, a copy of which is attached hereto as Exhibit A and said Court also approved the petition of the Church to authorize the trustees to enter into this Deed of Boundary Settlement by order dated November 25, 2002, a copy of which is attached hereto as Exhibit B. NOW THEREFORE, the Church does hereby AGREE that said line is the true and correct boundary between the lands of the parties and does hereby QUITCLAIM and RELEASE unto the Weather Hill Homes, Ltd. all of its right, title, and interest in and to the land lying on the northeast side of the aforesaid boundary line. AND in consideration of the premises, Weather Hill does hereby AGREE that said line is the true and correct boundary line between the lands of the parties and does hereby QUITCLAIM and RELEASE unto Mountain Plain Baptist Church all of its right, title, and interest in and to the land lying on the southwest side of the aforesaid boundary line. WITNESS the following signatures appnd seals. .1.� (SEAL) Dick Ergen gh�t,QTr�u,, ee of Mountain Plain Baptist Church (SEAL) LloyUkillis, Trustee of (Mountain Plain Baptist Church Q&2 Q (SEAL) iel nk, Trustee of Mountain Plain Baptist Church Weather Hill Ho es, Ltd. By: 1, �-1 (SEAL) Marc Powell, Vice President STATE OF VIRGINIA AT LARGE CITY/COUNTY OF to -wit: The foregoing Deed of Boundary Settlement was acknowledged before me by Dick Ergenbright, Trustee of Mountain Plain Baptist Church, this�W day of ,._Z%o , � 2002. My commission expires: My Commission Expires June 30, 2006 Notary Public Printed name: STATE OF VIRGINIA AT LARGE CITY/COUNTY OF to -wit: The foregoing Deed of Boundary Settlement was acknowledged before me by Lloyd Willis, Trustee of Mountain Plain Baptist Church thisy d aay of,<), L 2002. My commission expires: My Commission Expires Junc.30, 7006 Notao Public Printedname: STATE OF VIRGINIA AT LARGE CITY/COUNTY OF CLeL, . to -wit: The foregoing Deed of Boundary Settlement was acknowledged before me by Daniel Eubank, Trustee of Mountain Plain Baptist Church, thisXL day ofp0g_ . , 2002. My commission expires: My rommission Expires Jung 70, 7006 Notary Public STATE OF VIRGINIA AT LARGE CITY/COUNTY OF to -wit: The foregoing Deed of Boundary Settlement was acknowledged before me by dv- Marc Powell, Vice President of Weather Hill Homes, Ltd., thi��'day of �✓� 2002. My commission expires: Wy Uornrrlisslon Exp*Os June 30, Zoo6 No ary Public 10REWOC OMeather Bill\02-0149\innuntainplainandweatherhill.deed.wpd VIRGINIA: IN THE CIRCUIT COURT OF THE COUNTY OF ALBEMARLE IN RE: MOUNTAIN PLAIN BAPTIST CHURCH No. On this day came Mountain Plain Baptist Church and moved the Court for appointment of Trustees pursuant to section 57-8 of the Code of Virginia. It appearing to the Court that the following persons have been duly elected as Trustees by the congregation of said church, namely Dick Ergenbright, Lloyd Willis, and Daniel Eubank, it is ORDERED that said persons be and they hereby are appointed Trustees of Mountain Plain Baptist Church pursuant to Section 57-8 of the Code of Virginia. EKED: L ATROSS, JR., JUD E Date: l - 2 (3" — U'Y I ask for this: a t copy TESTS. SHtq;w�i by' R'.\REDOCS\02Mealher Hi1h02-0149\order2.wpd EXHIBIT A � ` VIRGINIA: IN THE CIRCUIT COURT OF THE COUNTY OF ALBEMARLE IN RE: MOUNTAIN PLAIN BAPTIST CHURCH No. THIS DAY CAME your Petitioners, Dick Ergenbright, Lloyd Willis, and Daniel Eubank, Trustees of Mountain Plain Baptist Church, and filed their Petition in the above matter, with exhibits thereto, praying for authority to establish and settle a boundary line on the terms and conditions set forth in the exhibits attached to the Petition. It appearing to the Court from said Petition and the exhibits filed therewith, that at a duly held meeting of the Congregation of Mountain Plain Baptist Church held on October 27, 2002, the Congregation approved establishment and settlement of a property boundary line; and It appearing further to the Court from said Petition and exhibits filed therewith that Dick Ergenbright, Lloyd Willis, and Daniel Eubank are the duly appointed Trustees of Mountain Plain Baptist Church, and that by a resolution of the Congregation adopted at a meeting held on October 27, 2002, the above -named Trustees were authorized and empowered to sign any and all documents and take whatever actions are necessary to settle an established boundary line as 'set forth in the Petition; and It appearing further proper to do so; it is ORDERED that the said Trustees above -mentioned be, and they are hereby authorized and empowered to execute on behalf of Mountain Plain Baptist Church any and all documents and take any and all necessary actions to settle and establish a boundary line on the Church property described in the Petition. I ask for this: R:VUz\DOCS\02\Wcalhcr Hi11\02-0149brdempd RED: UL M EATROSS, JR., JU G Date: I I - U '. a tru copy TESTS: SH B J. MARSF' CL RK by. sty Clerk EXHIBIT NOIt] : I. THE BOUNDARY SHOWN HEREON IS BASED ON A CURRENT FIELD SURVEY, 2. THE BOUNDARY LINES SHOWN HEREON FROM "D" TO "E" TO "F" ARE TO BECOME AGREED BOUNDARY LINES BETWEEN RICHARD T., JR, R BEVERLY S. ERGENBRIGHT AND MOUNTAIN PLAIN BAPTIST CHURCH BY LEGAL DOCUMENT AND RECORDED IN THE ALBEMARLE COUNTY CLERKS OFFICE FOR THESE LINES TO BE VALID ON THIS PLAT. 3. THE BOUNDARY LINES SHOWN HEREON FROM "F" TO "G" TO "H- ARE TO BECOME AGREED BOUNDARY LINES BETWEEN MOUNTAIN PLAIN BAPTIST CHURCH AND WEATHER HILL HOMES, LTD. BY LEGAL DOCUMENT AND RECORDED IN THE ALBEMARLE COUNTY CLERKS OFFICE FOR THESE LINES TO BE VALID ON THIS PLAT. 4. THE BOUNDARY LINE SHOWN HEREON FROM "F" TO -X IS TO BECOME AN AGREED BOUNDARY LINE BETWEEN WEATHER HILL HOMES, LTD. AND RICHARD T., JR. d BEVERLY S. ERGENBRIGHT BY LEGAL DOCUMENT AND RECORDED IN THE ALBEMARLE COUNTY CLERKS OFFICE FOR THIS LINE TO BE VALID ON THIS PLAT. S. LEGAL REFERENCES : T.M. 57-24 - D.B. 2184-7I5, D.B. 131-367 DESC., D.B. 377-75 PLAT, D.B. 392-510 PLAT L D.B. 648-288 PLAT T.M. 57-25 - D.B. 1094-139 T.M. 57-26 - D.B. 49-312, 313 DESC. 6. I.S. DENOTES IRON SET. 240 680 ,gyp 240 p� C Lam, 250 250 VICINITY MAP SCALE: I" • 2000't BOUNDARY SURVEY 5.96 ACRES, THE PROPERTY OF WEATHER HILL HOMES, LTD. 2.34 ACRES, THE PROPERTY OF MOUNTAIN PLAIN BAPTIST CHURCH 1.26 ACRES, THE PROPERTY OF RICHARD T., JR. 8 BEVERLY S. ERGENBRIGHT LOCATED ON STATE ROUTES 680 & 802 WHITE HALL DISTRICT ALBEMARLE COUNTY , VIRGINIA SCALE : I" = 100' FOR VITO CETTA ROGER W. RAY d ASSOC., INC. 1717-IB ALLIED STREET CHARLOTTESVILLE, VA 22903 DATE : JUNE 10, 2002 72 W. RAY 1331 7-200 a SHEET I OF 2 11592 W © O N72'50'10"E 19.01' N50'36'49'W 127.99' NO3'54'00"E 75.00' N54'39'10' W 52.18' NO3'54'00"E 90.25' N64.27'01"W 27.83' N18-19'47"EE 95.35' N66.17'14'W 32.41' ryy �g� B..Q S53'43'18"E \y. ¢ y N23-15'10'E 104.41' 74.12' yti ya' N29'40'58"E 102.504 N39-11'57'E 52.21' il� b 28'04'48" R• 597.96' I.S. L- 293.05' C• 29DJ3' N55'03'51"W 20.00' CB- S03'0726"E N56.18'33-W 29.65' 0� N55'01'44"W 31.03' I.S. N52-47'31"W 27.94' QF I.S. T.M. 57 - 60 JOHN W.. JR. d ANNIE D. CLAYTON D.B. 731 - 13 D.B. 1244 - 490, 492 PLAT h ay b v oct, y _ y N52'47'31"W 17.47 ..B'. �� 9L OLD N50-36'49"W 70.32' .�� F CD1 O ROAD --- \Sr\ o qa I.S. T.M. 57 - 4 THE COUNTY OF ALBEMARLE D.B. 392 - 516, 518 PLAT ev e \ D.B. 360 - 324 p N 660 D.B. 377 - 75 PLAT _ 2 S. I.S. I.S. S17.09'5 T.M. 57 - 24 80.00' ztT 36 5.96 ACRES I.S. T.M. 57 - 25 1.26 ACRES 30' PRESCRIPTIVE EASEMENT S68'01'S0"W 0 91.63' ..E N Oo Js PL4T O.B. NORTH Ole-Zee T.M. 57 - 59 MOUNTAIN PLAIN BAPTIST CHL D.B. 102-453 D.B. 157 - 227. 228 DESC. N W M y !� N m m Ph Oti ���%� rym PP y 22 PIPE G y I.S. FOUND N50.35'4S' W 136.42' i IRON Y / FOUND i g02 STATE h ROUTE T.M. 57-26 680 2.34 ACRES P STORY ry RICK PEE 5`n ��F, I STOR i) YARD G©' —w BRICK M T.M. 57 - 30A �1 ENCROACHES �'� S�6 208� ��OR4 W/BSMT. POLE m JOHN W., JR. d ANNIE i y F IRON Y �P N 8 `��� �F( O POWER h CLAYTON m �! 46900' FOUND 4 R 9 PIPE OS•3 �RiD FRAME LINES W.B. 82 - 23 w 40"W N00'12'00"E D H" FOUND S'q - F ��i D.B. 291 - 384 u - N27'55' /� O•E. ? BLDG. D.B. 197 - 197 PLAT mw IRON 190.05' 2 ro FOUND FO ND .ro?,?o. /S�P� PIPE MOUNT T.M. 36'6i `�� ^ ' FOUND ? PIPE m 1N T.M. 57 - 24A N9931155 1 08'/3454 284P7jST FOUND y b ABNER J., JR. d ROSALYN T. DALTON IRON D.B. 1542 - 55 FOUND / 5p' 25/ /'LA TRCH FOUND D.B. 648 - 288 PLAT LOT 4 I STORV / CHURCH HILL BRICK \ D.B. 2149-270 THRU 275 PLAT W/gSMT. SCALE : I" = 100' DATE : JUNE 10, 2002 SHEET 2 OF 2 11592 RECORDED IN CLERKS OFFICE OF ALBEMARLE ON January 03,2003 AT 2:13:35 PM $0.00 GRANTOR TAX PD AS REQUIRED BY VA CODE§58.1-802 STATE: $0.00 LOCAL: $0.00 SHELBY MARSHALL,CLERK CIRCUIT CT. DC