Deed of Dedication and Subdivision and Deed of Conveyance
THIS DEED OF DEDICATION AND SUBDIVISION AND DEED OF CONVEYANCE, made this 10th day of October, 1980, by and between RICHMARR CONSTRUCTION CORPORATION, a Virginia corporation, party of the first part; WEST PARK COMMUNITY ASSOCIATION, a Virginia non-stock, not-for-profit corporation, party of the second part; THE BOARD OF SUPERVISIORS OF FAIRFAX COUNTY, VIRGINIA, a body corporate, party of the third part, and FAIRFAX COUNTY WATER AUTHORITY, party of the fourth part; and G. GALT BREADY AND DONALD C. WELLS, TRUSTEES, party of the fifth part.
W I T N E S S E T H
WHEREAS, the party of the first part is the owner of the hereinaftpr [sic] described property, by a certain Deed recorded in Deed Book 4860 at page 789 of the land records of Fairfax County, Virginia; and
WHEREAS, it is the desire of the party of the first part to subdivide the hereinafter described property into lots and parcels, and to dedicate, grant, and convey for public use the streets and easements in accordance with this Deed of Dedication and Subdivision and the plat attached hereto and made a part hereof and incorporated herein by reference; and
WHEREAS, it is the desire and intent of the party of the first part hereto to grant and convey unto The Board of Supervisors of Fairfax County, Virginia, party of the third part, the easements in the locations shown on the plat attached hereto and as hereinafter provided; and
WHEREAS, it is the desire and intent of the party of the first part hereto to grant and convey unto The Fairfax County Water Authority, party of the fourth part, the waterline easements in the locations as shown on the plat attached hereto and as hereinafter provided; and
WHEREAS, it is the desire and intent of the party of the first part to convey unto WEST PARK COMMUNITY ASSOCIATION, party of the second part, those certain tracts or parcels of land shown on the plat attached hereto as Parcel A, Section Twenty-Five (25), KINGS PARK WEST; and
WHEREAS, the parties of the fifth part are Trustees on a certain Deed of Trust encumbering the subject property, recorded in Deed Book 4860 at page 782, among the land records of Fairfax County, Virginia, and which Deed of Trust authorizes the Trustees to enter into this Deed of Dedication and Subdivision and Deed of Conveyance, without the necessity for the joinder or consent of the noteholder herein; and
WHEREAS, it is the desire and intent of the party of the first part to subject the hereinafter described property to certain Declaration of Covenants, Conditions, and Restrictions, as more specifically hereinafter detailed and incorporated herein by reference.
NOW, THEREFORE, in consideration of the premises and the sum of One Dollar ($1,00), cash in hand paid, receipt of which is hereby acknowledged, the party of the first part, with the consent and joinder of the parties of the fifth part, does hereby subdivide all those certain tracts of land located in the Annandale Magisterial District of Fairfax County, Virginia, containing 26.82989 acres, as more particularly described in the metes and bounds description, which is attached hereto as Exhibit A and incorporated herein by reference, to be shown as Lots one (1) through Seventy-Eight (78), both inclusive, and Parcels A and B, Section Twenty Five (25), KINGS PARK WEST, in accordance with the attached plat dated March, 1980, and prepared by Dewberry, Nealon & Davis, certified land surveyors, which is attached hereto and made a part of this Deed of Dedication and Subdivision; and
FURTHER, the party of the first part, with the consent and joinder of the parties of the fifth part does hereby dedicate to public use the streets, thoroughfares, and easements shown on said plat in accordance with the statues made and provided therefor and does hereby dedicate Parcel B, Section Twenty-Five (25), KINGS PARK WEST, for public sidewalk purposes; and
THIS DEED FURTHER WITNESSETH that for and in consideration of the premises and the sum of ONE DOLLAR ($1.00), cash in hand paid, receipt of which is hereby acknowledged, the party of the first part, with the consent and joinder of the parties of the fifth part, does hereby grant and convey unto The Board of Supervisors of Fairfax County, Virginia, party of the third part (the "County"), the easements as hereafter set forth in the respective locations shown on the said plat attached hereto and incorporated herein by reference, as follows:
An easement for the purpose of ingress and egress for public utility, emergency and other county vehicles through and across the property of the Owners, as more particularly bounded and described on the plat attached hereto and made a part hereof.
An easement and right of way for the purpose of constructing, operating, maintaining, adding to, or altering present or future storm water lines or other drainage structures, plus necessary inlet structures and appurtenances for the collection of storm sewage and its transmission through and across the said property of the party of the first part, said easement being more particularly bounded and described on the plat attached hereto and made a part hereof; and an easement and right of way for the purpose of constructing, operating, maintaining, adding to, or altering present or future sanitary sewer lines and appurtenant structures for the collection and transmission of sanitary sewer through and across the said property, as more particularly bounded and described on the attached plat; subject to the following conditions:
1. All manholes, inlet structures, and appurtenant facilities which are installed in the easements and rights of way shall be and remain the property of the County, its successors and assigns.
2. The County and its agents shall have full and free use of the said easements and rights of way for the purposes named, and shall have all rights and privileges reasonably necessary to the exercise of the easements and rights of way including the right of access to and from the right of way and right of use adjoining land where necessary; provided, however, that this right to use adjoining land shall be exercised only during periods of actual construction or maintenance, and, further, this right shall not be construed to allow the County to erect any building or structure of a permanent nature on such adjoining land.
3. The County shall have the right to trim, cut, and remove trees, shrubbery, fences, structures, and other obstructions or facilities in or near the easements being conveyed, deemed by it to interfere with the proper and efficient construction [sic] operation, and maintenance of said sewers; provided however, that the County at its own expense shall restore, as nearly as possible, the premises to their original condition, such restoration to include the backfilling of trenches, the replacement of fences and shrubbery, and the reseeding or resodding of lawns or pasture areas, but not the replacement of structures, trees or other obstructions.
4. The party of the first part reserves the right to construct and maintain roadways over said easements and to make any use of the easements herein granted which may not be inconsistent with the rights herein conveyed, or interfere with the use of said easements by the County for the purposes named; provide however, that the party of the first part shall not erect any building or other structure, excepting a fence, on the easement without obtaining the prior written approval of the County.
THIS DEED FURTHER WITNESSETH, that for and in consideration of the premises and the sum of One Dollar ($1.00), cash in hand paid, receipt of which is hereby acknowledged, the party of the first part, with the consent and joinder of the parties of the fifth part, grants and conveys unto the Fairfax County Water Authority, its successors and assigns, the easement(s) and right(s)-of-way shown on the attached plat as 'F.C.W.A Easement' for the purpose of installing, construction, operating, maintaining, adding to or altering and replacing present or future water mains including fire hydrants, valves, meters, building service connections and other appurtenant facilities, together with all rights and privileges reasonably necessary to the exercise of the easement and right-of-way including, but not limited to, the right to use abutting land adjoining the easement when necessary for actual construction and maintenance. All water mains and appurtenant easement facilities which are installed in said easements and rights-of-way shall be or become (when accepted) and remain the property of the Authority, its successors and assigns.
THIS DEED FURTHER WITNESSETH that for and in consideration of the premises and the sum of One Dollar ($1.00), cash in hand paid, receipt of which is hereby acknowledged, the party of the first part, with the consent and joinder of the parties of the fifth part, as sole owner and proprietor of the herein-described property, does hereby subject the property described on the plat previously attached hereto and made a part hereof to the Declaration of Covenants, Conditions and Restrictions for KINGS PARK WEST, Section Twenty-Five (25), which are attached hereto as Exhibit B and made a part hereof by reference, and as [sic] may be amended as authorized by the terms thereof and accepted by appropriate authorities of Fairfax County, Virginia.
THIS DEED FURTHER WITNESSETH that for and in consideration of the premises and the sum of One Dollar ($1.00), cash in hand paid, receipt of which is hereby acknowledged, the party of the first part, with the consent and joinder of the parties of the fifth part, does hereby grant, bargain, sell and convey unto WEST PARK COMMUNITY ASSOCIATION, a Virginia non-stock corporation, party of the second part, with General Warranty of Title, Parcel A, Section Twenty-Five (25), KINGS PARK WEST, as shown on the plat attached hereto and incorporated hereby by reference. By joinder in this Conveyance the parties of the fifth part hereby release the said Parcel A, ection [sic] Twenty-five, Kings Park West, from the lien of the Deed of Trust recorded in Deed Book 4860 at page 782, among the land records of Fairfax County, Virginia.
This conveyance is made subject to conditions, restrictive covenants, agreements, rights of way, and easements contained in the Deeds forming the chain of title to this property, and this conveyance is made subject to the terms of the Declaration of Covenants, Conditions and Restrictions, which are incorporated herein by reference, which Declaration the party of the second part agrees to be specifically bound by, by acceptance of this conveyance.
The party of the first part covenants that it has the right to convey the herein described property to the party of the second part; that it has done no act to encumber the same; that the party of the second part shall have quiet and peaceable possession thereof; free from the claim of any persons whomsoever; and that the party of the first part will execute such further assurances of title thereto as may be requisite and necessary; and
THIS DEED OF DEDICATION AND SUBDIVISION AND DEED OF CONVEYANCE is made in accordance with the statues made and provided in such cases, with the approval of the proper authorities of Fairfax County, Virginia, as shown by the signatures affixed to the plat attached hereto, and is in accordance with the free consent and desire of the parties of the first and fifth parts, sole owners and proprietors and Trustees of the land embraced within the bounds of said subdivision.
IN WITNESS WHEREOF, RICHMARR CONSTRUCTION CORPORATION, has caused this Deed of Dedication and Subdivision and Deed of Conveyance to be signed by its Secretary-Treasurer, and witness the signatures and seals of the following individuals and trustees.
RICHMARR CONSTRUCTION CORPORATION
BY: Marvin L. Kay, Secretary-Treasurer
G. Galt Bready, Trustee
Donnald C. Wells, Trustee