DEED
THIS DEED is made this L day of December, 1987, by and
between ADELE B. KLINE, Widow, of King George County, Virginia,
party of the first part; and THE BOARD OF SUPERVISORS OF KING
GEORGE COUNTY, VIRGINIA, party of the second part.
NOW THEREFORE WITNESSETH: That for and in consideration of
the sum of TWENTY-SIX THOUSAND DOLLARS ($26,000.00), in hand paid
to the party of the first part by the party of the second part,
at and before the signing and delivery of this deed, receipt of
which is hereby acknowledged, the said ADELE B. KLINE, Widow,
does hereby grant and convey with GENERAL WARRANTY OF TITLE unto
the BOARD OF SUPERVISORS OF KING GEORGE COUNTY, VIRGINIA, her fee
simple interest, in the following described real estate, to-wit:
All of those 2 certain lots or parcels of land, together with all rights and privileges thereto appurtenant, situate, lying and being in the Rappahannock Magisterial District, King George County, Virginia, each said lot or parcel of land containing 1 acre as shown by that certain plat of survey prepared by R. Wayne Farmer, Certified Land Surveyor, dated November 6, 1987, and updated on November 12, 1987, said plat of survey being attached hereto, incorporated herein, and made a part of this deed for all purposes.
The lots or parcels of land conveyed herein are portions of the tract or parcel of land which was conveyed unto Edward S. Kline and Adele B. Kline, husband and wife, as tenants by the entirety with the right of survivor- ship as at common law by that certain deed dated March 31, 1958 which is recorded among the deed records in the Office of the Circuit Court Clerk of King George County, Virginia, in Deed Book 72 at Page 438. The said Edward S. Kline died on May 9, 1987.
WITNESS the following signature and seal:
.4~ (SEAL) Adele B. Kline
STATE OF VIRGINIA AT LARGE COUNTY OF KING GEORGE, to-wit:
I, ½-CAIOp /I-MA)ZIC. , a Notary Public for the State of Virginia at Large, do hereby certify that ADELE B. KLINE,
Widow, whose name is signed to the foregoing Deed, bearing the date of the /7 'day of December, 1987, has acknowledged the same
before me in the state and county aforesaid.
Given under my hand this 1 da of December, 1?57.
otary Public
My commission expires:
ACCEPTED:
Isaac S. Hughes, Chairm King George County Board of Supervisors
APPROVED AS TO FORM: n
Richmond Low, Jr. mmonwealth's Attorney King George County, Virginia
VIRGINIA, to-wit:
In the Clerk's office of the Circuit Court of King
George County, the 18th day of December, 1987, this deed was and plat attached presented and, with the certificate annexed,/admitted to record
at 2:50 o'clock p.m., and is truly recorded and indexed. The
taxes imposed by §58.1-802 of the 1950 Code of Virginia, as
amended, have been paid in the amount of $26.00.
Teste:
Clerk Transfer ...... $ 1.00
SEE PLAT RECORDED IN PLAT BOOK NO. 13, at page 47.
Clerk Qlf2 at -47io'cock M.,-. In Couwity, Va.
It TAX~ REAL ESTATE SALES CONTRACT
THIS REAL ESTATE SALES CONTRACT is executed this 'day of
November, 1987, between ADELE B. KLINE of King George County,
Virginia, hereinafter designated as SELLER; and THE COUNTY OF
KING GEORGE, VIRGINIA, hereinafter designated as PURCHASER.
I
SELLER hereby agrees to sell and the PURCHASER hereby agrees
to purchase for the total purchase of Twenty-Six Thousand Dollars
($26,000.00) the following described real estate located in King
George County, Virginia, and whose legal description is as fol- lows:
All those certain tracts or parcels of land, with all rights and privileges thereto appurtenant, situate, lying and being in the Rappahannock Magisterial District, King George County, Virginia, each containing an area of 1 acre and designated respectfully as Parcel "A" and Parcel "B" as shown by that certain plat of survey dated November 6, 1987 and updated on November 12, 1987 by R. Wayne Farmer, C.L.S., which plat of survey is attached hereto and incorporated herein as a part of this Real Estate Sales Contract. The parcels of land to be con- veyed are portions of the land conveyed to Edward S. Kline and Adele B. Kline, husband and wife, as tenants by the entirety with the right of survivorship as at common law, by that certain deed dated March 31, 1958 which is recorded among the land records of King George County, Virginia, in Deed Book 72 at page 438 in the Office of the Circuit Court Clerk of King George County, Virginia.
SELLER does hereby agree to convey the property to PURCHASER by General Warranty Deed with the usual Virginia covenants of title and free and clear from all encumbrances, tenancies, and liens, except as may be otherwise provided herein. SELLER shall pay all recording fees customarily paid by sellers. PURCHASER will pay for the expense of preparing the deed, and will pay all recording fees, taxes and other charges customarily paid by pur- chasers. SELLER will give PURCHASER possession of the property on the date of settlement. All real estate taxes shall be pro- rated as of the date of settlement. Settlement will be on Decem- ber 7, 1987 or as soon thereafter as title can be examined and papers prepared, allowing SELLER a reasonable time to correct any defects reported by the title examiner.
III
SELLER acknowledges that the land conveyed pursuant to this V
/1 >~) contract is subject to an oil, gas, and mineral lease which was executed on December 17, 1984 and which is recorded in Deed Book
166 at page 463 among the deed records of King George County,
Virginia. SELLER does hereby agree to assign to the PURCHASER all of the rights and rents and royalties granted to her under
the aforesaid lease which pertain to the acreage which is to be conveyed to PURCHASER pursuant to the terms of this Real Estate
Sales Contract.
IV
PURCHASER represents that its agents have made a satisfac-
tory inspection of the property, and PURCHASER agrees to accept
the property in its present condition except as may be otherwise provided herein. This Contract constitutes the entire agreement among the parties hereto and may not be modified or changed ex- cept by written instrument executed by all the parties hereto.
This Contract shall be construed, interpreted, and applied ac- cording to the laws of Virginia and it shall be binding upon and
shall inure to the benefit of the heirs, personal representa-
tives, successors, and assigns of the parties.
WITNESS the following signatures and seals:
Adele B. Kline
C1fairman, King George unty Board of Supervisors -. 9- S. - 2~ *t-
* / -
- - - - J7701 a- 'K 0E 4 '4..
( *~~* -) .- J -. 9 ~4. K: '4 ~.1 'I 'S 'S. 9~ -p C.*:*3. i'-' V KI II // '.1- K ' p,4p65K73' .4 ~j... C..,. f) /.00 \J% (~ N A4 C. (\\) .2k 1 '.5- Sm '4 LI- I. Qj K) .j zz
* r~-~i-S
IS-. *J .) I... I 'I *. J,~ "I I ooo'.5 ' *~ r- -- 1~ I' '4*'~ A- -. 9 7.. 5- *I,.. 'S 'SI
Ope/7 '-S. -p
1 /6?i~um 770 /6 I. j_ ef) 5' K I. 75 00'
"p1 Ci') , PAF4'CEL 'K
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f9~5,e91'/6
75. OO
I- / 779/O 4-/7 PLAT OF SURVEY /1ocs/c"Y,',7 Pcp/v~/$o/7/2oC/~ ,k//7~9 3co,'-j'e 6%~,,-?4/,
~5L/rv~yec/7 rcv~ K/Ne~~EOg5~S~COUNTY
rv~,4'c'c2~ ?6/Ak'. 1-Woy17- /C1-77e-,L C .5. V/K19//7/O
,IovNE ER /,9/7 7 J~ce?/e/// UPDATrED NO VEABER /2, /987
NO7E /Vo //.//e reo/,2m-sc/Aa &*,rvyor. r. F) a vec Poo// as1m-40 an, 70/ /r/c/n- s O o,.- recoro orl o 0r,-c. .3) 75mn /Cor/ o/"4-co'."
I I RESOLUTION
WHEREAS, the Board of Supervisors of King George County,
1Virginia, have entered into a Contract of Sale with Adele B.
IKline of King George County, Virginia, concerning the purchase of
2 acres of her land to be used for county recreational purposes; and
WHEREAS, the Commonwealth's Attorney for King George County,
Virginia, has presented a Deed whereby Mrs. Adele B. Kline shall
convey the aforesaid 2 acres of land to King George County, Vir- ginia; and
WHEREAS, Section 15.1-286 of the Code of Virginia, 1950, as
amended, requires that the County accept said Deed and that said
acceptance shall appear on the face thereof;
NOW THEREFORE BE IT RESOLVED, that the Chairman of the King
George County Board of Supervisors be, and hereby is, authorized
to accept said Deed on behalf of King George County, Virginia,
and be it further resolved that his signature upon said Deed
shall signify such acceptance.
Chairman, King George Cou Board of Supervisors F7 AA1 AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY (6-1-87)
47 0020 04 001714
CHICAGO TITLE INSURANCE COMPANY
SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B AND THE CONDITIONS AND STIPULATIONS, CHICAGO TITLE INSURANCE COMPANY, a Missouri corporation, herein called the Company, insures, as of Date of Policy shown in Schedule A. against loss or damage, not exceeding the Amount of Insurance stated in Schedule A, sustained or incurred by the insured by reason of: 1. Title to the estate or interest described in Schedule A being vested other than as stated therein- 2. Any defect in or lien or encumbrance on the title, 3. Unmarketability of the title; 4. Lack of a right of access to and from the land. The Company will also pay the costs, attorneys' fees and expenses incurred in defense of the title, as insured, but only to the extent provided in the Conditions and Stipulations.
In Witness Whereof, CHICAGO TITLE INSURANCE COMPANY has caused this policy tobe signed and sealed as of Date of Policy shown in Schedule A. the policy to become valid when countersigned by an authorized signatory.
CHICAGO TITLE INSURANCE COMPANY By: Issued by: ROBERT WASHINGTON AGENCY INC. 809 Williams Street P O. Box 766 Fredericksburg, VA 22401 Preside I2
By:
Secretary
ALTA Owkner's Pohn (6-1-87) The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of:
1. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordi- nances, or regulations) restricting, regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of any improvement now or hereafter erected on the land (iii) a separation in ownership or a change in the dimensions orarea of the land orany parcel of which the land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, exceptto the extentthat a noticeof the enforcement thereof ora notice of a defect. lien orencumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien orencumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy.
2. Rightsof eminentdomain unlessnoticeof theexercisethereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge 3. Defects, liens, encumbrances, adverse claims or other matters
(a) created, suffered, assumed or agreed to by the insured claimant;
(b) not known to the Company, not recorded In the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; (c) resulting in no loss or damage to theInsured claimant:
(d) attaching or created subsequent to Date of Policy; or
(e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the estate or Interest insured by this policy. CONDITIONS AND STIPULATIONS 1. DEFINITION OF TERMS (c) Whenever the Company shall have brought an action or interposed a The following terms when used in this policy mean: defense as required or permitted by the provisions of this policy, the Company (a) "insured": the insured named in Schedule A, and, subject to any rights may pursue any litigation to final determination by a court of competent juris- or defenses the Company would have had against the named insured, those diction and expressly reserves the right, in its sole discretion, to appeal from who succeed to the interest of the named insured by operation of law as any adverse judgment or order. distinguished from purchase including, but not limited to, heirs, distributees, (d) In all cases where this policy permits or requires the Company to prose- devisees, survivors, personal representatives, next of kin, or corporate or cute or provide for the defense of any action or proceeding. the insured shall fiduciary successors. secure to the Company the right to so prosecute or provide defense in the (b) "insured claimant": an insured claiming loss or damage. action or proceeding, and all appeals therein, and permit the Company to (c) "knowledge" or "known": actual knowledge, not constructive knowl- use. at its option, the name ofthe insured forthispurpose. Whenever edge or notice which may be imputed to aninsured by reason of the public requested by the Company, the insured, at the Company'sexpense, shall give records as defined in this policy or any other records which impart construc- the Company all reasonable aid (i) in any action orproceeding. securing tive notice of mattersaffecting theland. evidence, obtaining witnesses, prosecuting ordefendingtheactionorpro- ceeding, or effecting settlement, and (ii) in any other lawful act which in the (d) "land": the land described or referred to in Schedule A, and improve- opinion of the Company may be necessary or desirable to establish the title to ments affixed thereto which by law constitute real property. The term "land" the estate or interest as insured. If the Company is prejudiced by the failure of does not include any property beyond the lines of the area described or the insured to furnish the required cooperation, the Company's obligations to referred to in Schedule A, nor any right, title, interest, estate or easement in the insured under the policy shall terminate, including any liability or obliga- abutting streets, roads, avenues, alleys, lanes, ways or waterways, but noth- tion to defend, prosecute, or continue any litigation, with regard to the matter ing herein shall modify or limit the extent to which a right of access to and from or matters requiring such cooperation. the land is insured by this policy. (e) "mortgage": mortgage, deed of trust, trust deed, or other security 5. PROOF OF LOSS OR DAMAGE instrument. In addition to and afterthe notices required under Section 3 of these Condi- (f) "public records": records established under state statutes at Date of tions and Stipulations have been provided the Company, a proof of loss or Policy for the purpose of imparting constructive notice of matters relating to damage signed and sworn to by the insured claimant shall be furnished to the real property to purchasers for value and without knowledge. With respect to Company within 90 days after the insured claimant shall ascertain the facts Section 1(a)(iv) of the Exclusions From Coverage, "public records" shall also giving rise to the loss or damage. The proof of loss or damage shall describe include environmental protection liens filed in the records of the clerk of the the defect in, or lien or encumbrance on the title, or other matter insured United States district court for the district in which the land is located against by this policy which constitutes the basis of loss or damage and shall (g) "unmarketability of the title": an alleged or apparent matter affecting state, to the extent possible, the basis of calculating the amount of the loss or the title to the land, not excluded or excepted from coverage, which would damage. If the Company is prejudiced by the failure of the insured claimant entitle a purchaser of the estate or interest described in Schedule A to be provide the required proof of loss or damage, the Company's obligatio- released from the obligation to purchase by virtue of a contractual condition the insured under the policy shall terminate, including any liability or ob requiring the delivery of marketable title. tion to defend, prosecute, or continue any litigation, with regard to the m or matters requiring such proof of loss or damage. 2. CONTINUATION OF INSURANCE AFTER CONVEYANCE OF TITLE In addition, the insured claimant may reasonably be required to subr The coverage of this policy shall continue in force as of Date of Policy in examination under oath by any authorized representative of the Comp- favor of an insured only so long as the insured retains an estate or interest in and shall produce for examination, inspection and copying, at such reas the land, or holds an indebtedness secured by a purchase money mortgage abletimesand places as may be designated by any authorized representa given by a purchaser from the insured, or only so long as the insured shall of the Company, all records, books, ledgers, checks, correspondence have liability by reason of covenants of warranty made by the insured in any memoranda, whether bearing a date before or after Date of Policy, w, transfer or conveyance of the estate or interest This policy shall not continue reasonably pertain to the loss or damage. Further, if requested by any au in force in favor of any purchaser from the insured of either (i) an estate or rized representative of the Company, the insured claimant shall grar interest in the land, or (ii) an indebtedness secured by a purchase money permission, in writing, for any authorized representative of the Companr mortgage given to the insured. examine, inspect and copy all records, books, ledgers. checks, corres dence and memoranda in the custody or control of a third pary. which rea 3. NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT ably pertain to the loss or damage. All information designated as confide The insured shall notify the Company promptly in writing (i) in case of any by the insured claimant provided to the Company pursuant to this Sec litigation as set forth in Section 4(a) below, (ii) in case knowledge shall come to shall not be disclosed to others unless, in the reasonable judgment of an insured hereunder of any claim of title or interest which is adverse to the Company, it is necessary in the administration of the claim. Failure of title to the estate or interest, as insured, and which might cause loss or dam- insured claimant to submit for examination under oath, produce other reas age for which the Company may be liable by virtue of this policy, or (iii) if title to ably requested information or grant permission to secure reasonabh!,r the estate or interestas insured, is rejected as unmarketable. If prompt notice sary information from third parties as required in this paragrapi shall not be given to the Company, then as to the insured all liability of the nate any liability of the Company under this policy as to that cla Company shall terminate with regard tothe matter or matters for which prompt notice is required; provided, however, that failure to notify the Company shall 6. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS; TERYINATiON in no case prejudice the rights of any insured under this policy unless the OF LIABILITY
Company shall be prejudiced by the failure and then only to the extent of the In case of a claim under this policy, the Company shall have ' prejudice. additional options: 4. DEFENSE AND PROSECUTION OF ACTIONS; DUTY OF INSURED (a) To Pay or Tender Payment of the Amount ofInsurance. CLAIMANT TO COOPERATE To pay or tender payment of the amount of insurance under t insured ()Updn S oen r t h iosur andusubt t cheopons o together with anycosts, attorneys'fees and expenses incurred bythe tained inSection 6of these Conditions and Stipulations, the Company, at its teindopamtnwhichtoidytheCompanybligatetpay.pymnto own cost and without unreasonable delay. shall provide for the defense of an tender of payment and which the Company is obligated to pay insured in litigation in which any third party asserts a claim adverse to the title Upon the exercise by the Company of this option, all liability and obligations or interest as insured, but only as to those stated causes of action alleging a to the insured under this policy, other than to make the payment required, shal defect, lien or encumbrance or other matter insured against by this policy. The terminate, including any liability or obligation to defend, prosecute, or con- Company shall have the right to select counsel of its choice (subject to the tinue any litigation, and the policy shall be surrendered to the Company for right of the insured to object for reasonable cause) to represent the insured as cancellation. to those stated causes of action and shall not be liable for and will not pay the (b) To Pay or Otherwise Settle With Parties Other than the Insured or fees of any other counsel. The Company will not pay any fees, costs or With the Insured Claimant. expenses incurred by the insured in the defense of those causes of action (i) to pay or otherwise settle with other parties for or in the name of an which allege matters not insured against by this policy. insured claimant any claim insured against underthis policy, togetherwith any (b) The Company shall have the right, at its own cost, to institute and costs, attorneys' fees and expenses incurred by the insured claimant which prosecute any action or proceeding or to do any other act which in its opinion were authorized by the Company up to the time of payment and which the may be necessary or desirable to establish the title to the estate or interest, as Company is obligated to pay; or insured, or to prevent or reduce loss or damage to the insured. The Company (ii) to pay or otherwise settle with the insured claimant the loss or damage may take any appropriate action under the terms of this policy, whether or not provided for under this policy, together with any costs attorneys' fees ad it shall be liable hereunder, and shall not thereby concede liabilityor waive any expenses incurred by the insured claimant which were authorized by the provision of this policy If the Company shall exercise its rights under this Compan up to the time of payment andwhich the Company is obqgated to paragraph it shall do so dilgently pay Upon the exercise by the Company of either of the options provided ibr in (b)When liability and the extent of loss or damage has bee-,ef,n,tely fxed paragraphs (b)) or (ii), the Company's obligations to the insured under this in accordance with these Conditions and Spulations. thee s or damage policy for the claimed loss or dnaage, other than the payments required to be shall be payable within 30 days thereafter made. shall terminate, including any liability or obligation to defend. prose- cute or continue any litigation. 13. SUBROGATION UPON PAYMENT OR SETTLEMENT 7. DETERMINATION, EXTENT OF LIABILITY AND COINSURANCE (a) The Company's Right of Subrogation. This policy is a contract of indemnity against actual monetary loss or dam- Whenever the Company shall have settled and paid a claim under this age sustained or incurred by the insured claimant who has suffered loss or policy, all right of subrogation shall vest in the Company unaffected by any act damage by reason of matters insured against by this policy and only to the of the insured claimant- extent herein described- The Company shall be subrogated to and be entitled to all rights and (a) The liability of the Company under this policy shall not exceed the least remedies which the insured claimant would have had against any person or of: property in respect to the claim had this policy not been issued Ifrequestedby (i) the Amount of Insurance stated in Schedule A; or, the Company, the insured claimant shall transfer to the Company all rights (ii) the difference between the value of the insured estate or interest as and remedies against any person or property necessary in order to perfect insured and the value of the insured estate or interest subject to the defect, this right of subrogation. The insured claimant shall permit the Company to lien or encumbrance insured against by this policy. sue, compromise or settle in the name of the insured claimant and to use the (b) In the event the Amount of Insurance stated in Schedule A at the Date of name of the insured claimant in any transaction or litigation involving these Policy is less than 80 percent of the value of the insured estate or interest or rights or remedies. the full consideration paid for the land, whichever is less, or if subsequent to If a payment on account of a claim does not fully cover the loss of the the Date of Policy an improvement is erected on the land which increases the insured claimant, the Company shall be subrogated to these rights and reme- value ofthe insured estate or interest by at least 20 percent over the Amount of dies in the proportion which the Company's payment bears to the whole Insurance stated in Schedule A, then this Policy is subject to the following: amount of the loss. (i) where no subsequent improvement has been made, as to any partial If loss should result from any act of the insured claimant, as stated above. loss, the Company shall only pay the loss pro rata in the proportion that the that act shall not void this policy, but the Company, in that event, shall be amount of insurance at Date of Policy bears to the total value of the insured required to pay only that part of any losses insured against by this policy which estate or interest at Date of Policy; or shall exceed the amount, if any, lost to the Company by reason of the impair- (ii) where a subsequent improvement has been made, as to any partial ment by the insured claimant of the Company's right of subrogation. loss, the Company shall only pay the loss pro rata in the proportion that 120 (b) The Company's Rights Against Non-insured Obligors. percent of the Amount of Insurance stated in Schedule A bears to the sum of the Amount of Insurance stated in Schedule A and the amount expended for The Company's right of subrogation against non-insured obligors shall the improvement. exist and shall include, without limitation, the rights of the insured to indem- The provisions of this paragraph shall not apply to costs, attorneys' fees nities, guaranties, other policies of insurance or bonds, notwithstanding any and expenses for which the Company is liable under this policy, and shall only terms or conditions contained in those instruments which provide for subroga- apply to that portion of any loss which exceeds, in the aggregate, 10 percent of tion rights by reason of this policy. the Amount of Insurance stated in Schedule A. (c) The Company will pay only those costs, attorneys' fees and expenses 14. ARBITRATION incurred in accordance with Section 4 of these Conditions and Stipulations. Unless prohibited byapplicable law, eitherthe Company orthe insured may demand arbitration pursuant to the Title Insurance Arbitration Rules of the 8. APPORTIONMENT American Arbitration Association. Arbitrable matters may include, but are not If the land described in Schedule A consists of two or more parcels which limited to, any controversy or claim between the Company and the insured are not used as a single site, and a loss is established affecting one or more of arising out of or relating to this policy, any service of the Company in connec- the parcels but not all, the loss shall be computed and settled on a pro rata tion with its issuance or the breach of a policy provision or other obligation. All basis as if the amount of insurance under this policy was divided pro rata as to arbitrable matters when the Amount of Insurance is $1,000.000 or less shall the value on Date of Policy of each separate parcel to the whole, exclusive of be arbitrated at the option of either the Company or the insured. All arbitrable any improvements made subsequent to Date of Policy, unless a liability or matters when the Amount of Insurance is in excess of $1,000,000 shall be value has otherwise been agreed upon as to each parcel by the Company and arbitrated only when agreed to by both the Company and the insured. Arbitra- the insured at the time of the issuance of this policy and shown by an express tion pursuant to this policy and under the Rules in effect on the date the statement or by an endorsement attached to this policy demand for arbitration is made or, at the option of the insured, the Rules in 9. LIMITATION OF LIABILITY effect at Date of Policy shall be binding upon the parties. The award may (a) If the Company establishes the title, or removes the alleged defect, lien include attorneys fees only if the laws of the state in which the land is located or encumbrance, or cures the lack of a right of access to or from the land, or permit a court to award attorneys' fees to a prevailing party. Judgment upon cures the claim of unmarketability of title. all as insured, in a reasonably the award rendered by the Arbitrator(s) may be entered in any court having diligent manner by any method, including litigation and the completion of any jurisdiction thereof. appeals therefrom, it shall have fully performed its obligations with respect to The law of the situs of the land shall apply to an arbitration under the Title that matter and shall not be liable for any loss or damage caused thereby. Insurance Arbitration Rules. (b) In the event of any litigation, including litigation by the Company or with A copy of the Rules may be obtained from the Company upon request. the Company's consent, the Company shall have no liability for loss or dam- age until there has been a final determination by a court of competent jurisdic- 15. LIABILITY LIMITED TO THIS POLICY; POLICY ENTIRE CONTRACT tion, and disposition of all appeals therefrom, adverse to the title as insured. (a) This policy together with all endorsements, if any. attached hereto by the (c) The Company shall not be liable for loss or damage to any insured for Company is the entire policy and contract between the insured and the Com- liability voluntarily assumed by the insured in settling any claim or suit without pany. In interpreting any provision of this policy, this policy shall be construed the prior written consent of the Company. as a whole. 10. REDUCTION OF INSURANCE; REDUCTION OR TERMINATION OF (b) Any claim of loss or damage, whether or not based on negligence, and LIABILITY which arises out of the status of the title to the estate or interest covered All payments under this policy, except payments made for costs, attorneys' hereby or by any action asserting such claim, shall be restricted to this policy. fees and expenses, shall reduce the amount of the insurance pro tanto. (c) No amendment of or endorsement to this policy can be made except by a writing endorsed hereon or attached heretosigned by either the President, a 11. LIABILITY NONCUMULATIVE Vice President, the Secretary, an Assistant Secretary, or validating officer or It is expressly understood that the amount of insurance under this policy authorizedsignatory of the Company. shall be reduced by any amount the Company may pay under any policy insuring a mortgage hereafter executed by the insured or assumed or agreed 16. SEVERABILITY to by the insured and which is a charge or lien on the estate or interest Intheeventanyprovisionofthepolicyisheldinvalidorunenforceable described or referredto in ScheduleA, and the amountso paidshallbe under applicable law, the policy deemedapaymentunderthispolicytotheinsuredowner shall be deemed not to include that provision and all other provisions shall remain in full force and effect. 12. PAYMENT OF LOSS (a) No payment shall be made without producing this policy for endorse- 17. NOTICES, WHERE SENT ment of the payment unless the policy has been lost or destroyed, in which All notices required to be given the Company and any statement in writin case proof of loss or destruction shall be furnished to the satisfaction of the required to be furnished the Company shall include thpr -- ' - Company and shall be addressed to the Company at the issur Chicago Title Insurance C- Claims Department 111 West Washington FormNc -r Chicago Illinois6o 5 .2
Th~ I~ uSsC ~n
e n L, nt-
7~E~t --5 I Tn:-ic: cf V C
2 -. 2 -i -
C- en. si .i .. L
C L~ f.dr Eitc E t- U' :vt d -OSc-e
i c c i ]=Cn7Y thL 7 rrds cf the s fE f' ~c Ec.
Circ~~i~~~Cr~ -~~ :rcE- Cty.Vrcii75 e ChICAGO TITLL ISURACE CO1:PA1N s CiEDUE F i
Pclicy Icur.ber: 47 0020 04 001714
_._Rght or cl.i:~ cf pa:ier in p -ssession ot shc-r. by pu.C recoras.
2. Encrcazr7ents overlaps, bU n-dary lin, dispites .trs whichi would b* discIosedi by an eccu ate suv&: incspe cio of the prmses.
.. Ease ents oi c-. lrs cf ease ents not shown by the pt.
4. Any liEn, or right tc rier fr 'ovi-s labor or e heretofore or hereaf by the public record
5. Taxes or speczal ass,> - licn by the pubic records.
Schedule A.
. a::Cs . c a-i su s q : a- endar year, toge'ther wth any supplemental tax, s -y be posted subseqae-t to the effective date herec: bich ta:-:Cs are a lien but are not yet cue and payEl
. ase::.ent and/cr right-of-way aranted to Vircinia EecT and Power Cc at pag~e :91.
. se.:-:ent an- Ki GeorCe County, Virg Iced Book 95, at ag E>
asem.en: anocr richr-of End Power Cor.;- 154, at pace C
Agr:e-.ernt with i: & - Deed Bcok 154, at paq S:.
Ease-men: and/,or righ t-of -- Telephone Cc7pany of Vi' rgin Deed Bcok 157, at pae 24E.. OWR'F FOFr CHICAGO 7TITLE I>7SURANCE COMPAVY
?1i~cy 14urmber: 47 0020 04 001714
SCHEDULE P, c=74LYued
Leasc d-tec 1 4 recordedi irn DeC Eook 6-;, at pc-ge 463.
13. An additilc taxes for a nv past present c :uure tax year which .ay beccre due under the land usc ordiriance of K-ing George County, Virginia, but which are not presently payable because of the existing classificatiorn and use cf t 2.-
14. Titl- tc that portic:. of the property withi. the bounds of Kings Higihway (now abandoned) is not insured.
NOTE: Gereral Exceptions Eumbered One (1) throuqgh Four (4), inclusive, appearing in Schedule B hereof are hereby deleted. ROBERT WASHINGTON AGENCY, INC.
809 WILLIAM STREET, R 0. BOX 766, FREDERICKSBURG, VA 22401 (703) 373-3833 January 26, 1988
J. Richmond Low, Jr. P. 0. Box 87 King George, VA 22485
RE: The Board of Supervisors of King George County Our file #0203786
Dear Mr. Low:
Please find enclosed Endorsement #1 to title policy 47 0020 04 001714 for the above captioned owners. Please forward this endorsement to the insured party. If you have any questions, please let us know. Very truly yours,
Mar Jo R ers, for Ma aY. Roberts
Enclosure
REPRESENTING CHICAGO TITLE INSURANCE COMPANY ENDORSEMENT 1
Attached to and forming a part of Policy No. 47 0020 04 001714
Issued by CHICAGO TITLE INSURANCE COMPANY
This endorsement is made a part of the commitment or policy. It is subject to all the terms of the commitment or policy and prior endorsements. Except as expressly stated on this endorsement, the terms, dates and amount of the commitment or policy and prior endorsements are not changed.
RE: The Board of Supervisors of King George County, Virgina
Schedule A, Item #5 of the above referenced policy is hereby amended to read as follows:
All those two certain lots or parcels of land, together with all rights and privileges thereto appurtenant, situate, lying and being in the Rappahannock Magisterial District, King George County, Virginia, each said lot or parcel of land containing 1 acre as shown on that certain plat of survey prepared by R. Wayne Farmer, C.L.S., dated November 6, 1987, and updated on November 12, 1987, said plat attached to and recorded with Deed dated December 17, 1987, recorded among the land records of the Clerk's Office of the Circuit Court of King George County, Virginia, in Deed Book 190, at page 155.
DATED: January 26, 1988 CHICAGO TITLE INSURANCE COMPANY
Aut rized Signatory
Note: This endorsement shall not be valid or binding until countersigned by an authorized signatory. BOARD OF SUPERVISORS COUNTY ADMINISTRATOR ISAACS.HUGHES JAMES MADISON DISTRICT KENNETH M. SCRUGGS
WOODROW W. SAFT P.O. Box 169 DAHLGREN DISTRICT DIAH N EDSHIELD KING GEORGE. VIRGINIA 22485 DIANE E. SHIELDS JAMES MONROE DISTRICT PHONE: 703-7759181
November 30, 1987
Mr. James L. Dennis, Superintendent King George County Schools Rte. 1, Box 12 King George, Virginia 22485
Subject: Tennis Courts
Dear Mr. Dennis:
The Board of Supervisors has almost completed negotiations with Adele Kline to purchase two acres of property from her immediately adjacent to the parking lot area servicing the vocational building. It is presumed that the County will provide funds to construct six or seven tennis courts on the two acres and that access to the tennis courts will be unrestricted via the high school parking lot.
There are several items which need to be addressed with regard to comments forthcoming from the School Board or School administrative staff. I have enumerated each of the items below such that you may make favorable or un- favorable comments as appropriate.
1) Access and parking: It is our assumption that the tennis courts, once constructed, will be available for the public's use seven days a week by vehicles entering the parking area and parking adjacent to the tennis court complex. We need your concurrence that this vehicle traffic will not interfere with school activities.
2) Tennis team activities: It is our presumption that appropriate scheduling will allow the School's tennis team and recreation classes to fully uti- lize the tennis facility furnished by the.County.
3) Fencing: We would anticipate that the tennis courts and the surrounding area will be fenced in such a manner as to blend in with the existing fencing on school property, that appropriate access gates to recover way- ward balls will be provided, and that a double wide access gate from the school parking lot will be provided. This, more than likely, will mean modification to the existing curb to allow vehicular access when and if necessary after initial construction. Mr. James L. Dennis November 30, 1987 Page 2
4) Construction activities: Vehicular traffic involved in construction activities probably will cross through the school parking lot and through the fence adjacent to the lot. Obviously, care will be taken to minimize any damage to the parking lot and surrounding school grounds.
5) Joint use agreement: It is presumed that the Parks and Recreation Depart- ment and School athletic and administrative staff can create an acceptable document to be acted upon by the Board of Supervisors and School Board which identifies mutual use/access agreements for the tennis courts and parking lot.
6) Funding: Initial construction funds and equipment purchases will be at the County's expense. No plans have been made to light any of the courts. I would actively pursue the use of the Pepper Memorial Fund for this ten- nis facility, and I would encourage some form of agreement between the Schools and County with regard to provisions of electrical service for night tennis activity if same should be desired and affordable.
By a copy of this letter, I am requesting that Eldon James, Parks and Recrea- tion Director, forward any additional comments to your attention for review. Do not hesitate to add items of consideration should new ones be identified.
Sincerely,
enne . Scr s Coun y dmin' rator
KMS:geb
cc: L. Eldon James Chron. File Perm. File Tickler BOARD OF SUPERVISORS COUNTY ADMINISTRATOR ISAAC S. HUGHES JAMES MADISON DISTRICT KENNETH M SCRUC
WOODROW W. SAFT P.O. Box DAHLGREN DISTRICT KING GEORGE. VIRGINIA 2, DIANE E. SHIELDS JAMFS MONnOF DISTPICT PHONE 703-775
Mr. James L. Dennis Superintendent of Schools Route 1, Box 12 King George, Virginia 22485
Dear Mr. Dennis:
The Board of Supervisors, at its meeting of Thursday, December 3, 1987, took the necessary steps to purchase two parcels of land, immediately adjacent to King George High School, for the construction of six tennis courts.
The Board also authorized the advertisement of a Request for Proposals for design and construction of the courts, with responses to be received no later than January 26, 1987.
*Sincerel,
enne . Sc gs Cou y Admi trator
KMS:bca
cc: Project File Chron. File VIV.
DEED
THIS DEED is made thisday of December, 1987, by -and
between ADELE B. KLINE, Widow, of King George County, Virginia,
party of the firs't partl and THE BOARD OF SUPERVISORS OF KING
GEORGE COUNTY, VIRGINIA, party of the second part.
NOW THEREFORE WITNESSETH: That for and in consideration of
the sum of TWENTY-SIX THOUSAND DOLLARS ($26,000.00), in hand paid
to the party of the first part by the party of the second part,
at and before the signing and delivery of this deed,. receipt of
which is hereby acknow-ledged, the said ADELE B. KLINE, Widow,
does hereby.grant and convey withGENERAL.WARRANTY OF TITLE unto
the BOARD-OF SUPERVISORS OF KING GEORGE COUNTY, VIRGINIA, her fee
simple interest, in the following described real estate, to-wit:
All of those 2 certain lots or parcels of land, together with all rights and privileges thereto appurtenant., situate, lying and-being in the'Rappahannoc.k Magisterial District, King George County, Virginia, each said lot or parcel of land containing 1 acre as shown by that certain plat of survey prepared by R. Wayne Farmer, Certified Land Surveyor, dated November 6, 1987, and updated on November 12, . 1987, said plat of -survey being attached hereto, incorporated herein, and made a part of this deed for all purposes.
The lots or parcels of land conveyed herein are portions of the tract or parcel of land which was conveyed unto Edward f. Kline and Adele B. Kline, husband and wife, as tenants by the entirety with the right of survivor- ship as at common law by that certain deed dated March 31, 1958 which is recorded among the deed records in'the Office of the Circuit Court Clerk of King George County, Virginia, in Deed Book 72 at Page;438. The said Edward S. Kline died on May 9, 1987.
WITNESS the following signature and seals
(SEALA Adele*B. Kline I J o .15 date of the !day fDecember1987, has acknowledged the same before me in the state and county aforesaid.
Given under my hand this /'7 da f December, 9r.
otary-Public My commission expires':
ACCEPTED:
I 4. ghes, Chaimi King George-County Board of Supervisors
APPROVED AS.TO FORM:
r Richmond Low, Jr.-
omonwealth'sAttorney . * King George County,.Virginia
VIRGINIA, to-wit:s
In the Clerk's office of the Circuit.Court of King
George County, the 18th day of-December, 1987, this'deed was and plat attached presented and, with the certificate annexed,/admitted to record- at 2:50*o'clock p.M., and is truly recorded and indexed. The
taxes imposed by 658.1-802 of the 1950 Code of Virginia, as amended, have been paid in the amount of $26.00.
Teste:
Clerk Transfer . 1.00