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CLEMENT  Genealogy -
William CLEMENT (d. 1760) of Amelia County, Virginia - A Study of His Descendants


 
Deed Elsie Pugh BOOKER to English Construction Company, Inc., dated 22 July 1994
Pittsylvania County, Virginia Deed Book 992, pp. 10-14
Transcript by Marna L. Clemons, 5 January 2001

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[Note: Although Deed Book 733, page 513 is referenced in the following deed, the correct reference is Deed Book 773.]

     THIS DEED, made and entered into this 22nd day of July, 1994, by and between ELSIE PUGH BOOKER, Executrix of the Estate of HAROLD EUGENE PUGH, deceased, party of the first part, hereinafter "Grantor" and ENGLISH CONSTRUCTION COMPANY, INC., a Virginia corporation, party of the second part, hereinafter "Grantee"

WITNESSETH:

     WHEREAS, Harold E. Pugh departed this life testate on the 18th day of February, 1994, and Elsie Pugh Booker duly qualified as Executrix of the Estate of Harold Eugene Pugh, being the same person as Harold E. Pugh, in the Clerk's Office of the Circuit Court for the County of Pittsylvania, Virginia, on the 24th day of February, 1994; and
      WHEREAS, under the terms of the Last Will and Testament of Harold Eugene Pugh and Codicils No. 1 and 2 thereto, of record in the aforesaid Clerk's Office in Will Book 47, at Page 19, Elsie Pugh Booker is given the power of sale over real estate owned by Harold Eugene Pugh; and
      WHEREAS, on June 25, 1994, the hereinafter mentioned real estate was offered for sale at public auction and English Construction Company, Inc. was the highest and successful bidder therefore; and
      WHEREAS, it is the desire of the Grantor to convey the hereinafter described real estate unto the Grantee, the purchase price thereof having been paid in full.
      NOW, THEREFORE, THIS DEED FURTHER WITNESSETH that for and in consideration of the sum of $10.00, cash in hand paid, and other good and valuable consideration, the receipt and sufficiency of all of which is hereby acknowledged, the Grantor does hereby grant, bargain, sell and convey unto the Grantee, subject to the conditions stated below, the Special Warranty of Title, all of the following described real estate, to-wit:

All that certain tract or parcel of land, together with the privileges and appurtenances thereunto belonging, and together with all improvements thereon, situated in the Town of Hurt, County of Pittsylvania, State of Virginia, near the waters of the Staunton River, containing 9 acres, more or less, and being locally known as the "Clement Hill Tract", said parcel of land being shown on a plat dated August 1, 1985 entitled "PITTSYLVNIA COUNTY VIRGINIA, TOWN OF HURT, VA. TRACT OF LAND SURVEYED FOR THE TOWN OF HURT. SURVEYED AUGUST 1, 1985" by John D. Jacobs, C.L.S., which plat is of record in the Clerk's Office of the Circuit Court for the County of Pittsylvania, Virginia, in Map Book 38, at Page 87, to which said plat reference is here made for a more particular description of the property herein conveyed.

The property herein conveyed is a small part of the lands patented by Captain Benjamin Clement in the year 1748, and which remained in the Clement family until the same was purchased from the said Clement family beginning in the year 1862 by John L. Hurt by deeds duly of record in the aforesaid Clerk's Office. The said John L. Hurt by deed dated April 14, 1920 conveyed his "Staunton River Farm" unto his nephew and namesake, John L. Hurt, Jr., which conveyance included the "Clement Hill Tract" and which conveyance deed is recorded in the aforesaid Clerk's Office in Deed Book 165, at Page 189.

The property hereby conveyed is a part of the property devised to the Town of Hurt, a Virginia Municipal Corporation, by the Last Will and Testament of John L. Hurt, Jr., duly probated in the aforesaid Clerk's Office and of record therein in Will Book 18, at Page 152, said property having been conveyed to the Town of Hurt by deed dated August 7, 1967, from Henry C. Hurt, Sr., and First and Merchants National Bank, Executors of the Estate of John L. Hurt, Jr., which deed is recorded in Deed Book, 487, at Page 451.

The above-described property is the same identical property which was conveyed unto Harold E. Pugh by the Town of Hurt, a Virginia Municipal Corporation, by deed dated the 7th day of February, 1986, and of record in the aforesaid Clerk's Office in Deed Book 733, at Page 513.

The above-described property is conveyed and the warranty contained is made, subject to all rights of way and easements which may have heretofore been imposed upon said property by recorded deed, plat, or other instrument, and which may now be binding thereon, specifically including a drainfield easement in favor of John E. Burton, Jr. by deed dated March 6, 1970, and recorded in the aforesaid Clerk's Office in Deed Book 523, at Page 581. There is also reserved to the Town of Hurt, a Virginia Municipal Corporation, a perpetual easement for ingress and egress from the "Staunton Plaza" property over the property herein conveyed for the purpose of maintenance of the above-described drainfield as required by said Burton easement.

THIS CONVEYANCE IS SUBJECT TO THE FOLLOWING CONDITION TO BE APPLICABLE TO GRANTEE AND ITS SUCCESSORS IN TITLE:

The property herein conveyed shall be used for residential purposes only (one family for the main dwelling it being the "Clement Hill Mansion House" and one family for the smaller dwelling, the term "one family" being construed to carry the same meaning as that term is defined in Ordinances applicable to other one family dwellings located in the Town of Hurt, Virginia). This condition shall exist for a period of 10 years from February 7, 1986. Should the property be used for any purpose other than residential as aforesaid, then upon 30 days written notice from the Town of Hurt to the Grantee, to cease such unauthorized use, and if after such notice, the Grantee fails to cease such use, then the said property shall revert to the Town of Hurt, Virginia. Periods during which the dwellings on the property are vacant shall still be considered residential use. In any event, if after the passage of 10 years from February 7, 1986, the Town of Hurt has not instituted a suit in the Circuit Court of Pittsylvania County, Virginia, for a violation of this condition, then the condition shall be conclusively presumed to have been fully complied with and the title to the said property insofar as it relates to the said condition shall be forever clear.

Reservation of easement: The Town of Hurt has heretofore reserved a perpetual easement for ingress and egress to the remaining portion of its property situated to the east of the property herein conveyed, said easement to run over the roadway built and used by English Construction Company in the construction of the Norfolk-Southern railroad "Connecting link" which roadway crosses the northeast corner of the property herein conveyed.

Reservation: The Town of Hurt has heretofore reserved a non-exclusive right to the use of the name "Clement Hill" and the likeness of the "Clement Hill" home for identification purposes.

WITNESS the following signature and seal:

Elsie Pugh Booker, Executrix of the Estate of Harold Eugene Pugh, deceased

[Followed by acknowledgement of a Notary Public and the stamped recording information by the Clerk's Office of the Circuit Court of Pittsylvania County]



Marna L. Clemons



(858) 486-6099
clementgenealogy@yahoo.com

Created December 2000
Last Revision -
Wednesday, 01-Jan-2014 10:50:16 MST

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