11II II II till II II II tilt It till 1111 1"'" 1111111111 II 1111111111 11"11 111111 II 1111111111 it

it

ULYON &: FITCH, INC0HPOH.H.'I'EDto E. & S.

JAlK!~S W. DORSEY et als 'I'r-ua t e e c ;

Book 314Page 445

II

•• 'l'HISDEED, made this 19th day•,I of April, 1930, by and between

of the first part, and JAMES Vi. DORSEY, LOUIS C. CARL and H. R. :rHOJ'.!jU~,1'rustees

LYON & FITCH, INCORPORATED, party

II'kl:"CURUED inLL2Y~~r()(\,,~PARL:":D rB\

tL~.hItcIn.:t9.1ihIVL'<lLt.D ro

endOll,Va0/2/30

Book 314Page 446

for the LYOHPARKCOMMUHITYCENTER,parties of the second'part.

'}IT:lESS~TII: that for and in consideration of the surt of Five Dollars

ca sh in hand paid, the receipt of vrhd ch is hereby aekno-v.Led ged , before the

and deLdv eiy hereof, the said party of the first part does grant, bargain, seall

and. convey unto the said parties of the second part, as t r us t ees for

Comm.unityCenter, all of that certain piece, par ceL] lot or tract of

lying and lceing in Arlington County, Virginia, and particularly desc r tbed as

I'ol Low s , to-wit:

~All of that Block of property bounded on the nor~n by Pershing

Drive, on the east by Spruce street, on the south by Park Avenue,

and on the 'Jest by Latterner Avenue,

E:;SS .um EXDEPTthe land already heretofore conveyed by deed

dated March 3rd, 1925, to Harry R. Thomas , .rames'w. Dorsey andi

Louis C. Carl, Trusteeg for the Lyon Park Community Cente!r, record-

ed in Deed Book 217, page 598, of the land records of Arlington

County, Virginia,' said land bei.ng a par t of this Block.

1'he parties hereto expressly agree upon the following specificCttions from

one 0) to Three (3) inclusive, and that the same shall constitute and be

as covenants running \"lith the land for a period of ninety-nine years from

I, 1921;

1. No Lntcxf.cat Ing liquor shall be brought into, sold or dispensed on this

property.

2. The property shall not be used for the conducting of any

consti tutes a nuisance to other lot owners on the subd Iv t s I on;

3. Neither this land nor any part thereof nor,any ihterest therein shall

loaned, sold or leased to anyone not of the Caucas Lan r-ac e; _.

The said parcel of land shall be used by said Communfty uent er , or its

assignees, only as a community park and no building; shall,be erected thereon

except such as shall be incidental to its use as subh a phra ~nd as a

center.

TOHAVE AIID TO HOLDthe· said property for the use and benefit of the

of the Lyon Par k Community Center and of the owners! of lots in the

as "LYONPAnK'"and designated on the records in the: Clerk's Uffice of the

Court of Arlington County, Virginia, as follows:

ItSection 3, laoore's Addi tion to Clarendon,. Vire;iilia, as per:

plat of this subdivision recorded in Deed ~ook 1~4.page 290,

and as shown by r e=eubdIv Ls t on of said Section 3~ ',.Lats recorded

in Deed Book 172, at page 52 and in Deed B~ok 17~. at page 274i

Section 4, lroore's Addition to Clarendon, Virgin:ia, as shown

onre-subdivision recorded in Deed Book 180, at page 221. and in

Deed Book 203, at page 76; section 5, Moore's Addi~ion to Clarendon.

Virginia, a s per plat recorded in Deed Book 174,~ at page 152;

Book 314Page 447

Section 5-A, lioore's Addition to Clarendon, Virginia, as

per plat recordea -in Deed Book 180, at page 330; section 6,

Lyon Park Addition to Clarendon, Virginia, as per plat dated

lTovember 5th,1'j.j-.r, recorded in Deed Boo k 182, at page 345; and

Section 7, Lyon .l:ark Addition to Clarendon, Virginia, as per

pLat dated November 5th, 1922, recorded in Deed Book 189, at page

131; and that iportl0n of Section 2, Lioore's Addition to Clarendon,

Virginia, lyil1!S ::;c; •.•th of hlexandria Avenue; and also

Lots 1 to 10 both inclusive of Block 3, Latterner's AdditiOn

to Clarendon; ~o~s one to twelve both inclusive, of Block 4,Latterner's 2nl1 Addition to Clarendon, Virginia, as per pla~ re-

corded in De edt Book 1127, page 154; Block 6, .Latterner's 2nd

AddHion to Cl~rendo:n, Virginia, as per plat recorded in Deed

Book 127, at page 15,4; and Block 7, Latternerts Addition to

Clarendon, Virginia,: as per plat recorded in Deed Book 171, at

l)age 31711•

as a c ommuni ty park for r-ecnea t Lon and other like purpose.

During the period' thatti tle to this property is held by the trustees of

the Lyon Park Community Cerrt.er , such Community Center shall mai ntain and adminis-

ter said parcel of land as a CornmunI ty Park under such rules and regulations

pertaining to its use as shall be app Li cab Le alike to a1"l persons herein named

as beneficiaries of this deed, and the expense of such care and maintenance shall

be borne by the aforesaid lot owners and members of the Lyon Purl\: Community

Center.

Ylhenever the owner-s of the majority of the lots in Lyon ParI;: shall deem

it to the best interest of the Community, they may by a properly executed instru-

ment s Lgned and acknmrledr;ed by them, ca use the title to the aforesaid parcel

of Land to be vested hI the county of Arlington, or its suc c e a s or e , or any other

public body legally au'ch or f ze d to accept title to and maintain pudic parks in

said County of Arlington, or its successors, .and in determining such majority

the ovmer of each lot" regardless of size, shall be counted as one, ecce pt that

in the ca s e of lots ha.-ving '" frontage of less than forty (40) feet, t~lO lots

shall be counted ai; one.

-'_l1enever the said! ovmer s of the wajority of such lots shull 11Bve executed

such instrument, it shall then be mandatory upon the 'rr-uat ee s to execute a good

and sufficient de ed tne ref on ,

In the event thu t said Lyon Park Community Center, or the '1.'l'ustees, or

their successors as hold-;'l's Of said parcel of land, ahou Ld cease to function

and no disposition of said park property has been made by a properly executed in-

strument, then, in th~t eve~t,the title to said park property shall vest in

the County of Arlingtqn, or its successor as a local division of Government,

to be held by it and ue ed as a part for the generlill public under the laws applicable:

successors.

Book 314,Page 448

to public parks, either of the state or the ordinances of the County, or its

Provided that, in the event there is no public authority vested with power

to take title and operate the property as a park, or if it is unwilline to doso~ •

then the title to said property shall again vest in Lyon & Fitch, Incorporated,

or its successors, and all the r-ights of the lot owners thereto shall be deemed

to have been forfeited and voided.

IN TESTBIOHY'mIEREOS',the said party of the first part has caused these

presents to be signed by its Fresident and its corporate seal to be attached

attested by its Secretary the day and date first hereinbefore wri tt en ;

LYON~ FITCH, INCORPORATED.

FRANKLYOn, President.

CORPOllATESEAL

Corporate seal attested by

CHARLES',7. S'EITH,Secretary.

STATI~OF VIRGINIA,

COmiTYOFARLIlmTOlif,to-wit:

I, L;\.':IRENCE 1HCHAEL,a Notary Public in and for the County and State afore-

said, whose :commf s s Lon expires on the 5th day of Pebr uar-y, 1933, do her-eby

that :ii1VtNK LYON,whose name as President of Lyon ,.1'", Fitch,. Incorporated, is

to the foregoing writing, bearing date on the 19th day of

appeared before me this day in my county and state iaf or-esa Ld , and in t he name

and on behalf of the said Lyon & Fitch, Incorporated, acknoViled[ted

as the act and deed of the said corporation, and made oath that he is president,\'~,

!i

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i~...(j)

GJ

of the said corporation, that the seal affixed to sa1d wri t i.ng is the

seal of said corporation, and that it has been affixed thereto by due authority. -

Given under my hand this 3rd day of July, 1930.

LA'\'IREHOEllICHAEL

Notary Public.

VIRGINIA

In the Clerk's Office of the Circuit Court of ArLingt on county September

1930, this deed was received, and with the annexed cer t if Lc a t e admitted to

10: 05 o'clock A. M.

Teste:

1JlM. H. DUlWAn~ Clerk.

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