|
This indenture made this thirty first day of October A. D. 1882 between Henry J. Kintz,
Trustee of the first part and John T. Given, Thomas T. Thurlow, John McClelland, J. W.
Griffin, F. W. Cato, James A. Clark and Hugh T. Taggart, Trustee of the second part.
Whereas a portion of the White Point Farm, situate on Potomac River in Westmoreland
County and State of Virginia has been laid off and subdivided into building lots and
streets and highways appurtenant thereto, with certain parks as appear by a plat on map,
showing the same intended to be deposited in the Clerk's office of said County in
connection with a certain deed from said Henry J. Kintz, Trustee and John B. and A.
Wilder Kintz to John T. Given, Trustee, bearing date the 16th day of October, 1882; and
whereas- it is thought desirable that the said Henry J. Kintz, Trustee, should
relinquish, transfer and assign, for the joint benefit of the lot owners in said
subdivision forever, all and any rights that he may have in, and to the fee simple of
the said streets, highways and parks, and to the river front of the said subdivision,
and also the front on Monroe Creek or Bay, with all rights of fishery, riparian rights
and advantages whatsoever incident to the ownership of the said shore and the land
abutting thereon. Now this indenture witnesseth that the said party of the first part
for and in consideration of the premises and other good consideration him thereunto
moving and of the sum of five dollars lawful money to him paid hath granted, aliened,
conveyed and assigned and by these presents doth grant, alien, convey and assign unto
the said parties of the second part, their heirs and assigns and to the survivor of them
and the heirs and assigns of such survivor, all the said hereinbefore mentioned pieces
of land, known on the said map or plat as "Streets" highways", or Avenues" and all those
other pieces known and shown in said map or plat as "parks" and all and any portion of
the entire shore of the river (including that of Monroe Creek or Bay, between the
building line and the river, so far as said Kintz's rights go, should any portion of the
same not pass by the description hereinbefore given and all riparian rights of fishing
or other, rights whatsoever as may be incident to the
-2-
ownership of the shore, To have and to hold the same in trust for the benefit and
enjoyment of the owners of the lots in said subdivision forever under such reasonable
rules and regulations as the said trustees or a majority of them may from time to time
ordain promulgate and establish. The said party of the first part reserves, however,
from the effect and operation of this Deed that portion of the river front not laid off
in lots, shown on said map in front of his present dwelling house allowing, however, a
free right of crossing said reservation at the river shore to the owners of lots in
said subdivision, and it is understood that if any other portion of the said White Point
Farm should at any time hereafter be subdivided and laid off in lots by the said Henry
J. Kintz, Trustee, his heirs or assigns, the owners of lots in such new subdivision
shall be entitled to enjoy in like manner, with the lot owners of the existing
subdivision all rights and privileges secured to them hereby, provided the lot owners
in such new subdivision take and hold the same upon the same terms and conditions as to
the sale of intoxicating liquors as are contained in the deeds to lot owners in the
existing subdivision and not otherwise. And whereas a wharf is about to be constructed
on the said river by the said Henry J. Kintz, Trustee, at some point not yet determined
on said plat or may, he the said Henry J. Kintz, Trustee, does hereby for the
considerations aforesaid grant, assign and set over unto the said parties of the second
part trustees as aforesaid, all his right and title to said wharf, so that control and
management of the same in the matter of the landing of steamers and vessels thereat
shall be solely vested in them, but the income and gain arising from the imposition of
reasonable rates of wharfage and charges in the premises is to belong and become the
property of said Kintz, in consideration of which he agrees to help the said wharf in
good repair, and if he should at any time fail to make necessary repairs, it shall and
may be lawful for the said parties of the second part their heirs and assigns and the
survivor of them, his heirs and assigns to apply the income and profit derived from said
wharf to that purpose.
In
testimony whereof the said party of the first part has hereunto
-3-
- set his hand and
seal the day and year first above mentioned.
- /s/ Henry J. Kintz
(Seal)
- signed, sealed and
delivered in presence of
- John E. Beal James
Albert Clark
- District of Columbia
I, John
E. Beal, a commissioned of the State of Virginia, duly appointed by the Governor of said
State and qualified, do hereby certify that Henry J. Kintz, party to a certain deed
bearing date the 31st October, 1882 and hereunto annexed and whose name is signed
thereto as trustee, personally appeared before me in my District aforesaid, and being
personally well known to me to be the person who executed the same, has acknowledged the
same to be his act and deed before me in my district.
The
town was incorporated 1892. |