IN THE SUPERIOR COURT OF THE VIRGIN ISLAND

IN THE SUPERIOR COURT OF THE VIRGIN ISLAND DIVISION OF ST. THOMAS & ST. JOHN GREAT St JIM, LLC Plaintiff, v. CHRISTIAN KJAER in persona's:, & PARCEL 11, ESTATE NAZARETH, ST. THOMAS, U.S. VIRGIN ISLANDS in rem, Defendants. Civil No. ST-I8-CV-29 ACTION FOR ENFORCEMENT OF COVENANT, INJUNCTIVE RELIEF, PRIVATE NUISANCE, DIMINUTION OF VALUE, UNJUST ENRICHMENT & ACCOUNTING MOTION TO DISMISS THE FIRST AMENDED COMPLAINT COMES NOW, Defendants Christian Kjaer ("Kjaer") in personam and Parcel II, Estate Nazareth, St. Thomas, U.S. Virgin Islands in rem ("Parcel 11") (collectively "Defendants"), by and through their undersigned counsel, and motion this honorable Court pursuant to Virgin Islands Rule of Civil Procedure Rules I2(b)(6) and 12(b)( I ) to dismiss the First Amended Complaint ("FAC") for failure to state a claim for which relief can be granted. Plaintiff Great St. Jim ("GS Jim") in the FAC seeks to enforce an alleged historical restrictive covenant that burdens Parcel II and also seeks related penalties and damages for an alleged violation of the alleged restrictive covenant. The FAC must be dismissed because, for the same reasons asserted in the Defendants' Motion to Dismiss of the original Complaint, there is no restrictive covenant burdening Parcel 11, moreover, any alleged claims are barred by the statute of limitations. The FAC is also fatally deficient in the alternative claim that there is an express or implied easement. The FAC is based on misstatements and fabrications that are unsupported by the public record. 1. Statement of the law for a motion to dismiss The Virgin Islands Rules of Civil Procedure mandates that "[a] pleading that states a claim EFTA00805272 Great St. Jim, LLC, v. Kjacr, el at. Motion to Dismiss the First Amended Complaint Page 2 for relief must contain []...a short and plain statement of the claim showing that the pleader is entitled to relief..." V.L. It Civ. P. 8(a)(2). Virgin Islands Rule of Civil Procedure 12(b)(6) enables a Court to dismiss a claim where the plaintiff "fails to state a claim upon which relief can be granted." V.I. R. Civ. P. !2(b)(6). According to the analysis employed by the Supreme Court of the Virgin Islands in reviewing motions to dismiss based on Rule I 2(b)(6): First, the court must take note of the elements a plaintiff must plead to state a claim so that the court is aware of each item the plaintiff must sufficiently plead. Second, the court should identify allegations that, because they are no more than conclusions, are not entitled to the assumption of truth. These conclusions can take the form of either legal conclusions couched as factual allegations or naked factual assertions devoid of further factual enhancement. Finally, where there are well-pleaded factual allegations, a court should assume their veracity and then determine whether they plausibly give rise to an entitlement of relief. If there are sufficient remaining facts that the court can draw a reasonable inference that the defendant is liable based on the elements noted in the first step, then the claim is plausible. Carter v. Univ. of the Virgin Islands, No. ST-16-CV-217, 2017 WL 3380533, at *1 (V.1. Super. July 31, 2017). The complaint must put the defendant on fair notice of the claims being brought against him or her. Finn v. Adams, No. ST-16-CV-752, 2018 WL 3756421, at *4 (V.I. Super. Aug. 6, 2018). A statute of limitations defense is an affirmative defense that must be raised in a defendant's first responsive pleading, which is frequently a motion for judgment on the pleadings, but in the interest of judicial economy, can be first raised in a motion to dismiss. Rennie v. Hess Oil Virgin Islands Corp., No. S.CT.CIV. 2014-0028, 2015 WL 525941, at *3 (V.1. Feb. 6, 2015). U. Brief Statement of Public Record Facts This Court is permitted to review the allegations in the complaint and matters of public record in reviewing a motion to dismiss. Finthank of Puerto Rico v. Prosser, No. SX-09-CV-520, 2015 WL 13579241, at *2 n. 3 (V.I. Super. June 22, 2015). EFTA00805273 Great St Jim, LLC, r Kjaer, el at Motion to Dismiss the First Amended Complaint Page 3 Public records submitted in support of Defendants' motion to dismiss show that GS Jim purchased Great St. James Island (the "Island") from Kjaer and GSJ Properties Corp. on January 28, 2016. See Exhibit 1, copy of recorded deeds Kjaer to Great St. Jim LLC and GSJ Properties Corp. to Great St. Jim LLC document numbers 2016000575 and 2016000576. Kjaer along with his siblings or sibling's heirs acquired ownership of the Island by adjudication of his late mother's estate in the Matter of the Estate of Karen Elisabeth Kjaer a/kla Karen Lis Kjaer, Territorial Court of the Virgin Islands, ST-87-PB-43. Kjaer alone acquired ownership of Parcel I I from the adjudication. Id. Kjaer acquired parcel A of the Island. A copy of the Adjudication in the Matter of the Estate of Karen Elisabeth Kjaer a/k/a Karen Lis Kjaer, Territorial Court of the Virgin Islands, ST-87-PB-43 is attached as Exhibit 2. Helle Bundgaard and Steen Bundgaard acquired parcels B-I and B-2 of the Island from the adjudication. Id. On or about May I I, 2011, Helle Bundgaard and Steen Bundgaard sold parcels B-I and 8-2 of the Island to GSJ Properties Corp. ("GSJPC"). A copy of the Bundgaard deed to GSJPC, document no. 2011003242 is attached as Exhibit 6. Merete Emilie Furst acquired parcels C-1 and C-2 of the Island through the adjudication of Karen's estate. Ex. I. John Furst, Nina Furst and Kim Furst acquired parcels C-I and C-2 from their later mother (Merete Emilie Furst) by Executor's Deed on July 14, 2004. See copy of Executor's Deed, document no. 2004006268 attached as Exhibit 7. John Furst, Nina Furst and Kim Furst sold parcels C-1 and C-2 to GSJPC on January II, 2016. A copy of the Furst deed to GSJPC, document no. 2016000170 is attached as Exhibit 8. When Karen Elisabeth Kjaer ("Karen") purchased the Island in 1979, her deed did not contain the alleged restrictive covenant language. Attached is a copy of the deed from James A. Evans, Jr., William H. Evans and Cowpet Bay Corporation to Karen Lis Kjaer, recorded on EFTA00805274 Great St. lint. LLC, v. /gate, et at Motion to Dismiss the First Amended Complaint Page 4 October II, 1979. A copy of the 1979 deed is attached as Exhibit 3. III. The First Amended Complaint fails to allege grounds to sue Parcel 11 in rem As a preliminary matter Plaintiff's attempt at bringing an in rem action should be dismissed. An in rem action "'is one in which the judgment of the court determines the title to property and the rights of the parties, not merely as between themselves. but also as against all persons at any time dealing with them or with the property,' or 'res,"upon which the court had adjudicated.'" Black's Law Dictionary 864 (9th ed. 2009)". Bryan v. Fawkes, No. S.CT.CIV. 2014- 0066, 2014 WL 5409110, at *11 (V.1. Oct. 24, 2014). GS Jim cannot sue land in rem when seeking injunctive relief where title to the property is not in question. Whitlock v. Schoch, 173 Kart 43. 51-52, 244 P.2d 189, 194-95 (1952). ("This action was one purely for injunctive relief—to enjoin defendants from committing and maintaining the nuisances in violation of the restrictive covenants. Title to the property was in no way involved, and neither was it sought to bar any defendant from any interest therein. Only the use to which it was being put was in issue. The decree would be enforceable only against individuals—the defendants. The action was strictly one in personam, not in rem.") This Court lack in rem jurisdiction under Virgin Islands Rule 12(b)(I), which provides for a defense due to lack of subject-matter jurisdiction over the claim. GS Jim does not allege that the title to Parcel 11 is in question. The FAC alleges that Kjaer owns Parcel I I. FAC ¶ 2. The FAC does not question Kjaer's ownership. Therefore the in rem action in FAC must be dismissed as to Parcel II. IV. Enforcement of the historical covenant is barred by the statute of limitations A motion to dismiss for failure to state a claim based on a statute of limitations defense will succeed if the complaint does not allege when the tort or breach o f contract first occurred. See Charleswell v. Chase Manhattan Bank, N,A., 308 F. Supp. 2d 545, 563 (D.V.I. 2004). Here the EFTA00805275 Great St Jim, LLC, v. !gem): et Motion to Dismiss the First Amended Complaint Page 5 FAC must be dismissed because it fails to allege any facts to give notice on when the covenant or easement was first violated. Specific to Count I of the FAC, the deed from the Evans brothers to Karen Kjaer does not contain any restrictive covenant limiting the use of Parcel 11. Ex. 2. The deed also does not state that it is subject to any covenants or restrictions of record. Id. This means that all beneficiaries of the alleged covenant were put on notice on October I I, 1979. that the owners of Parcel 11 were eliminating the covenant. In the Virgin Islands the statute of limitations for a breach of contract is six years. 5 V.I.C. §31(3)(a). Courts consistently hold that the statute of limitations to enforce a restrictive covenant is the same as enforcing a contract. Country Estates Homeowners Ass'n. Inc. v. McMillan, 276 Mont. 100, 102, 915 P.2d 806, 808 (19%). This accordingly, that the statute of limitations expired on or about October 11, 1985. Occasionally some jurisdictions apply the statute of limitations for a sealed instrument to enforce a restrictive covenant, as a deed is a sealed instrument. Meadow Run/Mountain Lake Park Ass'n v Bantell, 985 A.2d 989, 992 (Pa. Commw. Ct. 2009). The statute of limitations starts when the deed restriction was violated. "An enforcement action accrues upon breach of the restrictive covenant." Girsh v. Sr. John, 218 S.W.3d 921, 925 (Tex. App. 2007). Any claims for altering of a restrictive covenant accrue when the amendment is publicly recorded. Silver Shells Corp. v. St. Maarten at Silver Shells Condo. Ass'n, Inc., 169 So. 3d 197, 201 (Fla. Dist. Ct. App. 2015). In the Virgin Islands the statute of limitations on a sealed instrument is twenty years. 5 V.I.C. §31(1)(c). If this Court were to use the statute of limitation for a sealed instrument, the statute of limitations to enforce the covenant would have run on or about October II, 1999. The statute of limitations does not restart simply because there is a new owner of Great St. James. See Hayes v. Virgin Islands, No. CIV. 1972-354, 1975 WL 400921, at *5 (D.V.I. Mar. 3, 1975) (subsequent transferee EFTA00805276 Great St. Jim, LIC t Icaer et al. Motion to Dismiss the First Amended Complaint Page 6 hold land with prior reservations); see In re Saturn L-Series Timing Chain Prod. Liab. Litig., No. 8:07CV298, 2008 WL 4866604. at *6 (D. Neb. Nov. 7. 2008) (resale of goods does not restart the statute of limitations as to the manufacturer.) The right to enforce a restrictive covenant must be timely enforced, and will be forever waived if not enforced. See Havensight Hills Estates Prop. °liners Ass'n. Inc. v. Bronco, No. CI V. 721/1993, 1999 WL 317124. at *2 (Tern V.I. Feb. 23. 1999) (finding that subdivision residents cannot enforce restrictive covenant where there was a long-standing common practice of violations of the restrictive covenant without complaint, the residents acquiesced in the practice). Here there is no allegation as to when the breach first occurred. It is not necessary for this Court to determine if the six year or twenty year statute of limitations applies in the Virgin Islands. Enforcement of the restrictive covenant lapsed no matter which statute of limitations applies. The FAC must be dismissed because the underlying deed restriction that is the basis on which all of GS Jim's claims are based fails because they are time barred. Additionally, it must be dismissed because GS Jim fails to allege when the breach of the deed restriction first occurred. The FAC rests on the enforcement of the restrictive covenant. Enforcement is barred by the statute of limitations therefore the FAC must be dismissed. There is no plausible possibility that GS Jim can recover. V. GS Jim is not the intended beneficiary of an historical deed restriction therefore it does not have standing to enforce the alleged restrictive covenant The alleged restrictive covenant relied upon in the FAC states on its face that it is for the benefit of Track I and track 2 owners. As explained more fully below, only intended beneficiaries have a right to enforcement. Incidental beneficiaries to the historical covenant such as Plaintiff do not have and never have had rights. Plaintiff's argument in this regard, is fabricated. GS Jim does not have standing to enforce the alleged historical covenant because it is not the intended EFTA00805277 Great St Jim. Ur, rit Icaer, et al. Motion to Dismiss the First Amended Complaint Page 7 beneficiary of the historical deed restriction. Paragraph 9 of the FAC states (with emphasis added) in part: It is understood and agreed that this conveyance is made and accepted upon the following covenants, conditions, restrictions and reservation which shall run with the land and which are made for the benefit of the present and future owner or owners of any lot or lots compromising premises known as Tracts Nos. I and 2, Estate Nazareth (Benners1 No. 1 Red Hook Quarter, St. Thomas, V.I., as delineated on P.W.D. File No. F9-372-T59 viz: Map P.W.D. File No. F9-372-159 shows that Tracts Nos. I and 2 are in Estate Nazareth, Red Hook, and not on Great St. James Islands. Map P.W.D. File No. F9-372-T59 is attached as Exhibit 5. Using Parcel II to access the Island was not to benefit the island but to benefit the parcels that surrounded Parcel 11. The drafters of the covenant clearly knew how to identify a beneficiary, and specifically choose not to name the owners, occupants, licensees and invitees of Great St. James as the intended beneficiaries. The owners of Great St. James are not the intended beneficiary of the alleged restrictive covenant. "It is black-letter law that incidental beneficiaries have no enforceable rights under a contract." Francis v. Miller, No. CIV. 558/90, 1991 WL I 1818254, at *1 (Tern. V.I. Sept. 6, 1991). "While an intended beneficiary may recover under a contract, an incidental beneficiary, cannot. See In re Nat'l. Molding Co., 230 F.2d 69, 72 (3d Cir.1956) (noting that an incidental beneficiary does not have a right of action under a contract)" Banks v. Intl Rental & Leasing Corp., No. CI V. 2002-200, 2008 WL 2149380, at *4 n. 5 (D.V.I. May 19, 2008). The owners of Tracts Nos. 1 and 2 are the only beneficial owners, NOT GS Jim. To determine who is the beneficiary of the covenant, you must look at the expressed intent of the parties who made the original covenant to see if "they intended by agreement to benefit the land held by the person seeking to enforce the agreement." Freeland Tr. v. Roach, No. CIV. 1063/1992, 1995 WL 815565, at *3 (Teri. V.I. Mar. 9, 1995). Here we are fortunate enough to EFTA00805278 Great Si. Jim, LLC. v. IQaer. et al. Motion to Dismiss the First Amended Complaint Page 8 have the contracting parties express intent clearly stated. They clearly intended to benefit the owners of Parcel 6 and 7 Estate Nazareth (a/k/a Tracks Nos. 1 and 2). While the alleged covenant allowed the owners of Great St. James to use the Parcel 11, they are not the expressed intended beneficiary. GS Jim has no rights to enforce the historical covenant. As GS Jim has not alleged ownership or an interest in Parcels 6 and 7 Estate Nazareth', GS Jim has no authority to enforce the alleged covenant. GS Jim does not have authority or standing to enforce the historical covenant because it was not the expressed intended beneficiary. Further, GS Jim appears to accept that it cannot enforce the covenant as it is now alleges that it has an implied easement. This component of Count I along with the other two components, expressed and implied easements, discussed in section VI below, are unenforceable. Count I of the FAC must be dismissed. VI. There is no implied or expressed easement for the use of Parcel I I related to Great St. James Island. GS Jim alleges that it has an implied easement for exclusive use of Parcel II because Parcel 11 was used as a staging ground for the Island in keeping with the covenant and because a permanent access point on St. Thomas is necessary to the owners and occupants o f the island. FAC ¶ 18. This alternative argument must be dismissed because the FAC does not give notice of key elements of an implied or expressed easement. a. There are no allegations to support a claim for an expressed easement and Count I must be dismissed Under Count I the FAC fails to allege any facts to support that there is an express easement. I In 1968 Reichhold sold Parcels 6 and 7 (Tracts Nos. I and 2) to the Government of the Virgin Islands ("GVI"). Ivanna Eudora Kean Senior Nigh School is now on one parcel. The Department of Fish and Wildlife is on the other parcel. The OW also leases some of the land for private marinas. EFTA00805279 Great St Jim, LLC, v. /Quer, et at Motion to Dismiss the First Amended Complaint Page 9 "[I]n analyzing an express easement courts are required to determine if the easement satisfies the Statute of Frauds pursuant to 28 V.I.C. 241, which requires a deed of conveyance or other instrument to be in writing." SBRMCOA, LLC v. Morehouse Real Estate Investments, LLC, No. ST-14-CV-138, 2015 WL 1206119, at *13 (V.1. Super. Mar. 12, 2015). Here the FAC does not allege any writing between GS Jim and Kjaer. Therefor there is no expressed easement. The alternative claim for an express easement must be dismissed because it fails to give notice of a written instrument2. b. The FAC fails to give Defendants notice of the facts to support the creation of an implied easement Under Count I the FAC fails to give Defendants notice as to how the alleged implied easement was created by the sale of the Island. There is a general preference against encumbering real property by creating an easement therefore a plaintiff has a high burden to claim an implied easement. Brodburst v. Frazier, No. S CT CIV 2011-0003, 2012 WL 8123137, at •3 (V.1. Sept. 12, 2012). When Kjaer owned both Parcel A and Parcel II, any use of parcel 11 as a staging ground for Parcel A was simply a landowner using his land. Kjacr was not using an easement over his own land. By operation of law there was no easement when the Kjaers owned both Parcel 11 and the Island. When there is merger of ownership between a dominant and subservient parcel the easement merges and is extinguished. Auman v. Grimes, 364 Pa. Super. 243, 247, 527 A.2d 1045, 1047 (1987). Any easement that might have existed before the Evans' brothers or Karen Kjaer's 2 Under the merger doctrine when the dominate and subservient property enjoy unity of ownership the casement merges and is extinguished. Amon v. Grimes, 364 Pa. Super. 243. 247. 527 A.2d 1045, 1047 (1987). The 1965 Deed, which precedes Karen Kjaer's 1979 deed cannot act as the written instrument because when Karen Kjaer purchased Parcel 11 and the Island, any casement merged and was extinguished. EFTA00805280 Great St Jim, LLC, v. Kjaer, et at. Motion to Dismiss the First Amended Complaint Page 10 unified ownership of the Island and Parcel II merged and was extinguished. There is no allegation in the FAC that GSJPC, Helle Bundgaard, Steen Bundgaard, Merete Emilie Furst, John Furst, Nina Furst or Kim Furst ever used Parcel II to access the Island, let alone with any regularity. Kjaer did not own the entire Island. By operation of law if Kjaer used Parcel II to access Parcel A, he was not using an easement over his own property. Plaintiffs alternative argument that an implied easement exists is facially incorrect. There was no casement prior to the sale of the Island. The sale of the Parcel A did not create an easement over Parcel II to access the entire Island. Unity of ownership is a necessary element to create an casement. SBRMCOA. LLC v. Morehouse Real Estate Investments. LLC, No. ST-14-CV-I 38, 2015 WL 1206119, at *10 (V.1. Super. Mar. 12, 2015). The FAC does not and cannot allege that there was unity of ownership of the Island and Parcel II. Defendants do not have any notice as to how the alleged implied easement was created when there was no unity o f ownership of the two parcels. Therefor the alternative claim must be dismissed because Plaintiff will never meet the burden to create an easement. The FAC does not allege how Kjaer used Parcel I 1 prior to GS Jim purchasing the Island. While it does say Parcel 11 was used as a staging ground for the Island. It does not say who used it or that it was used exclusively as a staging ground. This noticeable careful word choice robs Kjaer of any notice on key elements of an implied easement — prior use and necessity. A plaintiff must prove that the "continuance of the prior use was reasonably necessary to enjoyment of the parcel, estate, or interest previously benefited by the use." Id. The FAC must be dismissed because there are no allegations in the FAC to give notice as to why Parcel II specifically is necessary to access the Island. There are numerous boat access points on St. Thomas, and several are near or adjacent to Parcel II. EFTA00805281 Great St Jim. LLC, v. Kjaer, et at Motion to Dismiss the First Amended Complaint Page II The FAC does not allege any facts to give notice that Kjaer intended to create an easement over Parcel 11 when he sold Parcel A. To form an implied easement there needs to be intent to create an encumbrance on the servient estate. Louis W. Epstein Family Pship v. Kmart Corp., 13 F.3d 762, 773 (3d Cir. 1994). Intent is very important in this case as GS Jim is not socking a right of way easement, but rather complete control of Parcel II. GS Jim wants to stop Kjaer from using Parcel I 1 in its entirety. It is illogical to assume that Kjaer intended to effectively give GS Jim an exclusive casement over Parcel II after GS Jim declined to purchase Parcel I I. It is even more illogical that Kjaer would intend to grant this exclusive easement while retaining the entire burden of taxes, utilities, insurance, securing the property and maintenance. The FAC offers nothing to show that Kjaer intended to act against commonsense and logic. The FAC must be dismissed because it fails to give Kjaer notice of his alleged intent to create an easement. Of note, Defendants cannot find any support in the law for the creation of an implied casement that grants the dominate land complete control and use of the subservient land. This is an obscene attempt at a private taking and a usurpation of the judicial process. In the Virgin Islands notice is a requirement to enforcing an unrecorded servitude. Brodhurst v. Frazier, No. S CT CIV 2011-0003, 2012 WL 8123137, at •4 (V.1. Sept. 12, 2012). There are no facts to support the allegation that Kjaer had notice of the formation of the alleged easement. The 1965 Deed cannot be a proxy for notice as any easement merged under Karen Kjaer's unity of ownership. Karen Kjaer's deed to Parcel I I did not contain the historical covenant and does not state that it is bound by covenants of restriction of record. The alternative argument that there was an implied easement created simply because Parcel I I may have been used as a staging ground for the Island must be dismissed because it does not give Kjaer any notice on the necessary elements of prior use, necessity, intent, notice and unity of EFTA00805282 Great St. Jim, LLC t Kjaer, et at Motion to Dismiss the First Amended Complaint Page 12 ownership. VII. Count II alleging private nuisance claim must be dismissed Count II of FAC alleges a private nuisance. Defendants raised this argument in the motion to dismiss of the Complaint. The FAC still does not address how Kjaer is using Parcel 11 in a way that interferes with the Island. This claim fails as it is based on the same fauhy premise of Count 1, that GS Jim has an interest in Parcel 11. Count II also failed to allege facts to support a claim. Virgin Islands code states in part "[a]ny person whose property is affected by a private nuisance, or whose personal enjoyment thereof is in like manner thereby affected, may maintain an action for damages therefor." 28 V.I.C. § 331. The "soundest rule for the Virgin Islands is to define a private nuisance as a substantial and unreasonable nontrespassory interference with another's interest in the private use and enjoyment of land." Cifre v. Daas Enterprises, Inc., No. ST-2012- CV-701, 2015 WL 1912709, at *12 (V.1. Super. Apr. 24, 2015). For this to survive dismissal GS Jim would have to allege how Kjaer's use of Parcel I I interferes with GS Jim's use of the Island. While GS Jim states that Defendants use of Parcel I 1 violates the restrictive covenant, FAC fails to allege how the Defendants are using Parcel II. Without alleging how Parcel II is used there is no notice on how the use interferes with GS Jim's use of the Island. For this reason alone Count 11 must dismissed. VIII. There was no diminution of value of Great St. James In Count IV of FAC GS Jim claims a diminution of value of the Island. This claim must be dismissed because it is not a cause of action but rather a form to measure damages for the alleged breach of the covenant and/or the express or implied easement. A diminution in value claim is subsumed by the tort claims. See DeSoto v. Condon, No. SACV085I4AHSMLGX, 2008 WL 11338151, at *6 (C.D. Cal. Oct. 3, 2008), ajj'd, 371 F. App'x 822 (9th Cir. 2010). Remedies are EFTA00805283 Great St. Jim, LLC, r. /goer, et al. Motion to Dismiss the First Amended Complaint Page 13 not a cause of action. Marian Y Fraser, No. ST-13-CV-549, 2014 WL 1239492, at •3, n. 22 (V.1. Super. Mar. 17, 2014). Count IV must be dismissed because it seeks a remedy and is not a separate cause of act ion. IX. Use of Parcel 11 does not unjustly enrich Kjaer As for Count V, unjust enrichment GS Jim once again seeks monetary damages even though FAC alleges that monetary damages are insignificant. Defendants raised this argument in the motion to dismiss of the Complaint. The FAC still does not assert a proper claim for unjust enrichment. The added irony of this claim is that if GS Jim succeeds it will be the ones unjustly enriched in that it might get to use Parcel II without any burden. In the Virgin Islands the elements of unjust enrichment are "(1) that the defendant was enriched, (2) that such enrichment was at the plaintiffs expense, (3) that the defendant had appreciation or knowledge of the benefit, and (4) that the circumstances were such that in equity or good conscience the defendant should return the money or property to the plaintiff." Walters v. Walters, No. S.CT.CIV. 2010-0040, 2014 WL 1681319, at *5 (V.I. Apr. 28, 2014). FAC fails to allege any facts to show how Kjaer used Parcel 11, how the use was at GS Jim's expense, and that Kjaer knew he was unjustly enriching himself. GS Jim never alleges it asked to use the property (it did not), begging the question how Kjaer can be enriched at GS Jim's expense when GS Jim never asked to use Parcel 11. FAC is void on any allegation how Kjaer knew about the deed restriction. The public record shows that historical covenant was not in the deed Karen received. The Claim for unjust enrichment must be dismissed because it fails to allege that Kjaer knew about the historical deed restriction or that GS Jim ever tried to use Parcel I I. EFTA00805284 Great St. Jim, LLC v. Kjaer, et al. Motion to Dismiss the First Amended Complaint Page 14 X. Conclusion This action is an impermissible attempt to use the Judiciary to take away Defendants real property without any remuneration. The FAC should be dismissed because the enforcement of the historical deed restriction is barred by the statute of limitations. The Plaintiffs are not the intended beneficiary; therefore they do not have standing to enforce the historical covenants. There is no implied or expressed easement that burdens Parcel II. Parcel 11 is not necessary to access the Island and the requested exclusive easement is extremely burdensome. The remaining claims must be dismissed because they stem from the time barred historical covenant. All of the alleged claims rely on the enforceability of the historical covenant. Unenforceability of the historical covenant requires that the entire FAC be dismissed. Based on the foregoing Defendants request that this Court dismiss FAC with prejudice, order that the Lis Pendens recorded against Parcel 11 be removed and award it costs. Dated: October ,1Z 5, 2018 Kevin . D'Amour, P.C. Gaylin V VI Bar P.O. Box 10829 St. Thomas, VI 00801 C EFTA00805285 Great St. Jim, LLC: v. 1Qaer, et at Motion to Dismiss the First Amended Complaint Page 15 CERTIFICATE OF SERVICE THIS IS TO CERTIFY that on this day of October, 2018, I caused a true and correct copy of the Motion to Dismiss the First Amended Complaint to be sent to the following via US Mail, postage prepaid. Christopher Allen Kroblin, Esq. Marjorie Whalen, Esq. Kellerhals Ferguson Kroblin PLLC Royal Palms Professional Building 9053 Estate Thomas, Suite 101 St. Thomas, VI 00802 EFTA00805286 WARRAN c TY DEED THIS INDENTURE made the I D day of January. 2016 between Christian Kjaer a/k/a Paul Christian Tag:: Kjaer, do Kevin F. D'Amour. 5143 Palm Passage. Suites 18B and 198. St. Thomas. USVI 00802. (hereinafter the "Grantoral and Great St. Jim. LLC. a Virgin Islands Limited Liability Company. c/O Kellerhals Ferguson Kroblin PLLC, Royal Palms Professional Building. 905? Estate Thomas. Suite 101. Si. Thomas. VI 00802 (hereinafter referred to as "Grantee- a. WITNESSETH: That the Grantor, for and in consideration of the 'urn of SEVENTEEN MILLION FIVE HUNDRED THOUSAND and 00/100 DOLLARS (517,500.(100.00), paid by the Grantee. the receipt of which is hereby acknowledged. and other good and stainable consideration, does herchy grant and convey unto the Grantee, its successors and a‘sign%, in fee simple absolute forever! all of Ins right. title and interest in and to the following described real property. ...Apircel A Rem Great St. James Island reel A-I Great St. James Island Nn. 6A Red Hook Quarter o. 6A Red Hook Quarter St. Thomas. Virgin Islands St. Thomas. Virgin Islands As shown on PWD No. A9-626-1004 As shown on PWD No. A9•626:1004 Consisting of 56.1 U.S. Acres more or less Consisting of 4.2 U.S. Acres more 'Pr Itss ....49r cel A-2 Great St..lames Island No. 6A Red Hook Quarter St. Thomas, Virgin Islands As shown on PWD No. A9-626-T004 Consisting of 19.8 U.S. Acres more or less BEING THE SAME PREMISES which was conveyed to the Grantor by Final Adjudication of the Estate of Karen Elisabeth Kjaer a/k/a Karin Lis Kjaer dated October IS. 1987, recorded at the office of the Recorder of Deeds for St. Thomas and St. John on October 21. 1987. in Book No. 31-I). Page 54. Doe. No. 5090. TOGETHER WITH any improvements thereon. and the rights. privileges and appurtenances belonging thereto; Book: Pages: OM DocD281608$3575 Flied 0 Retarded 81/28/2016 ERICA DOVER, M.D.A. RECORDER or DEEDS ST THOMAS/ST JOHN RECORDING FEE DEED DOC STAMP 3.5 PER PAGE FEE ATTACHMNT FEE .i,512.0? b:2,588.00 5.08 1 DEFENDANT'S EFTA00805287 027135 TO HAVE AND TO HOLD the premises conveyed hereby unto the Grantee. its successors and assigns. in fee simple absolute forever. SUBJECT. HOWEVER. to Virgin Islands zoning regulations and to the covenants restrictions. easements and agreements of reconl. AND THE GRANTOR WARRANTS that he is seized of the premises in fee simple and that he has good right to convey the premises. that Grantee shall quietly enjoy the premises: that the premises are free from encumbrances except as set forth or referred to herein: that Grantor will execute or procure any further necessary assurances of title to the premises and that Grantor will forever warrant and defend title to the premises. IN WITNESS WHEREOF. the Grantor has executed this warranty deed the day and year first above written. WITNESS: KINGDOM OF DENMARK 1 ss. 4"" Christian Kjaer A K/A Pout Christian Tage Kjae- This is to certify that Christian Kjaer today on my presence at the Notarial Office approved and signed the above document. No conspicuous corrects or addenda were found in the document. Ile has proved his identity by presenting his passport. District Court of • Denmark the day ofJanuary. 2016 Notary Public EFTA00805288 NOTED IN THE CADASTRAL RECORDS FOR COUNTRY / TOWN PROPER; Y, BOOK FOR GREAT ST. JAMES ISLAND NO. 6A RED HOOK QUARTER ST. THOMAS VIRGIN ISLANDS x essor Office / Cadastral Division T RY 21 , 2016 . - • • !the lieutenant Governor / Public SU ATTEST: ': k herebycertiffedthettheabove mentioned 1—el.eity/..vinicn.aoconing loWARRAN77 DEED dated lAnuacy_2.1.2016 0,:3Nsbx GREAT ST.JIM, LLC a Virgin Islands Limited Liability Company (GRANTEE) has not according to dr Record of this office. undergone changes as to boundaries and area. Tax ssesso Office / C St. Office of the Lieutenant Governor /Public Surveyor EFTA00805289 lim 1%1, • i . h Mr. Poul Christian lage Kjær '.day ir my nresenee at the Notarial fillet approved and signed the above <worm vskni" corrauons or addenda were found in the document. Ur. Pnetl Christian lage Kj*r has prow:d his identity by showing drncn I he Court in L..?ng,h), Denmark, 18 th January 2016 Ann-Kalb Not* Byer 'ravgaard EFTA00805290 0, gOWINIMI47 OF Mt UM110 5141IS Viten. 'MUMS OFFICE OF THE LIEUTENANT GOVERNOR DIVISION OF REAL PROPERTY TAX 1105 Ring Sireet • CielifIgnited. Virgin Mends 00120 • 110 711 144 9 • fax 340 773 0330 11 tenger." Gage • Chad*114 Anal* Virgin wands 00602 • 340 774 2991 • 344 340 774 4953 REAL PROPERTY TAX CLEARANCE LETTER TO: Recorder Of Deeds FROM: Office of the Tax Collector In accordance with Title 28, Section 121. os amended, this shall certify that there are no outstanding Real Property Tax obligations for the following: PARCEL NUMBER 1-09801-0101-00 GREAT ST JAMES ISLAND LEGAL DESCRIPTION RED HOOK QTR. OWNER'S NAME IUAER, CHRISTIAN Taxes have been researched up to and including 2015 CERTIFIED TRUE AND CORRECT BY LUDENCE ROMNEY TAX COLLECTOR J.1/14. SIGNATURE 01/11/2016 DATE SGS0009i02 soca EFTA00805291 WARRANTY DEED THIS INDENTURE made the ?I day of January. 2016 between GSJ Properties Corp.. a Virgin Islands (orporation. 5143 Palm Passage. Suites 188 and 198. St. Thomas. USVI 00802. (hereinafter the -Grantor") and Great St. Jim. LLC. a Virgin Islands Limited Liability Company. do Kellerhals Ferguson Krohlin PLLC. Royal Palms Professional Building. 9053 Estate Thomas. Suite PH. St. Thomas. VI 00802 thereinafter referred to as -Grantee). W1TNESSETH: That the Grantor. for and in consideration of the sum of FIVE MILLION and 00/1011 DOLLARS ($5.000.000.00). paid by the Grantee, the receipt of which is hereby acknowledged. and other good and valuable consideration. do hereby grant and convey unto the Grantee. its successors and assigns. in lee simple absolute forever. all of its right, title and interest in and to the following described real property. y4earcel B-I Rem Great St. James Island No. 6A Red Hook Quarter St. Thomas. Virgin Islands As shown on I'WD No. D9-7344-T004 Consisting of 10.3 US. Acres +/- a . 6A Red Hook Quarter reel B-2 Rent Great St. James Isla St. Thomas, Virgin Islands As shown on PWD No. 09-7345-TOW Consisting of 4.4 U.S. Acres +/- -Rio. 6A Red Hook Quarter arcel C-I Rent Great St. James Isla:* SI. Thomas. Virgin Islands As shown on PWD No. D9-7347-T004 Consisting of 26.9 US. Acres +/- M rcel C-2 Rein Great St. James Isla o. 6A Red Hook Quarter St. Thomas, Virgin Islands As shown on P.W.D. No. 09-7346-T004 Consisting or 2.5 U.S. Acres +/- el B-1-I Great St. James Island B-t-2 Great St. James Island No. 6A Red Hook Quarter No. OA Red Honk Quarter St. Thomas. Virgin Islands St. Thomas. Virgin Islands As shown on PWD No. D9-7344-T004 As shown on PWD No. D9-7344-1004 Consisting of 2.6 Acres 4- Consisting of 19.7. U.S. Acres +/- 1 B-2.1 Great St. James Island Atm! B-2-2 Great St. James Island o. 6A Red Hook Quarter No. 6A Red Hook Quarter St. Thomas, Virgin Islands St. Thomas. Virgin Islands As shown on PWD No. 09-7345-T004 As shown on PWD No. D94345-1004 Consisting of 1.36 US. Acres +/- Consisting of 2.4 US. Acres 4 - reel C-I-I Great St. James Island 46)reel C-I.2 Great St. James Island 'o. 6A Red Hook Quarter No. 6A Red Hook Quarter St. Thomas, Virgin Islands St. Thomas, Virgin Islands As shown on PWD No. 09.7347. OW As shown on PWD No. 09.7.47.7004 Consisting of 2.77 US. Acres +/- Consisting of 2.89 U.S. Acres 4 - ml C-2-I Great St. James Island...41ml C-2-2 Great St. James Island No. 6A Red Hook Quarter . o. 6A Red Hook Quarter St. Thomas. Virgin Islands St. Thomas. Virgin Islands As shown on PWD No. D9.7346.1004 As shown on PWD No. D9-7346-1004 Consisting of 2.4 U.S. Acres +/- Consisting of 3.0 US. Acres 4 - BEING THE SAME PREMISES which were conveyed to the Grantor by Warranty Deed dated April I. 2010 from Helle Bungaard and Steen Bungaard, recorded in the Office of the Recorder of Deeds fur St. Thomas and St. John on May 11. 201 I. as Doc. No. 2011003242 and Warranty Deed dated April 1.2010 from John Knud Hirst. Nina Ftirst and Kim Rirst. recorded in the Office of the Recorder of Deeds for St. et 'Thomas and St. John on January 1 1. 2016, as Doc. NO. t..k.t_ . respectively. 0 TOGETHER WITH any improvements thereon. and the rights. privileges and appurtenances belonging thereto: TO HAVE AND TO HOLD the premises conveyed hereby unto the Grantee. its successors and assigns. in fee simple absolute forever. SUBJECT. HOWEVER. to Virgin Islands zoning regulations and to the covenants restrictions, easements and agreements of record. 9 4S00139 T 13Z EFTA00805292 02:136 St RJR T. HOWEVER, to Virgin Islands zoning regulations and in the eosenams easements anti aoremcnis of record. X ND THE GRAN FOR WARRANTS thai he is seized of the premises in lei simple and that 1w has ro ul right ti• comes the premises. thai Grantee shall quietly enjoy the premises. that the premises are free In in encumbrances :wept as set forth or referred to herein: that Grantor will extent., or procure any further ne...essars as of lido to the premises and that Grantor will foreser warrant and defend title to Ike preintscs IN WITNESS WHEREOF, the Grantor has executed this warranty deed the di\ And year first above WITNESS GSJ Properties Corp.. a Virgin [stands Corporal ion b: Kevin F. D'Arnour. President Attested: by: Jeannette.Casey, Secretary • / Book: Pages: 8888 Boa 2816888576 Fat) I Recorded 81/28/2816 2:58PM ERICA DOVER, M.P.A. RECORDER OF DEEDS TERRI"fORY OF THE VIRGIN ISLANDS 1 ST THOMAS/St JOHN DISTR K1' or: Sr TIIOMAS AND ST. JOHN ) M. DIXG t 5,812.88 DEED DOC F STAMP 3.e s 158,09.89 PER ME FEF $ 5.88 si MAW FEE $ 04.28 O 1 he foregoing instrument was acknowledged before me this o/1 1cas oi Ja1111.11> 2016 by Kevin i • 3 I EAin nir as President for and on behalf of GSJ Properties Corp. a Virgin Islands Col paation. 1 t • Notary Public Carrie DeLight De Leon Notary Public St. Thomas - St. John, IJSVI NP - 108-12 Comm. Exp. 12/12/2016 ru S crt S S Cr, EFTA00805293 ••n-rEf) IN THE CADASTRAL RECORDS fRY / TOVW4 PROPERTY, BOOK FOR GREAT ST. JAMES ISLAND NCI...ILAMD HOOK QUARTER ST. THOMAS VIRGIN ISLANDS ^ sossor Office / nodastral Division JANUARY 21 , 2016 . wood Ur .ce of the I. ieutenant Governor / Public Surveyor ATTEST. It Is hereby certified that the above mentioned property/s which. accosouig to WARRANTY DEED dated January 21, 2016 belongs to GREAT ST. JIM, LLC, a Virgin Islands Limited Liability Company (GRANTEE) has not according to the Record of this office. undergone changes as to boundaries and area. Tax Assessor Office / Cada Division St. ne wood 21, 2016 Office of the Lieutenant Govemot/ Public Surveyor EFTA00805294 GOV219004141 O. 1st Wei I01411S YinGin iStANO5 OFFICE OF THE LIEUTENANT GOVERNOR DIVISION OF REAL PROPERTY TAX 1105.0.., %kiwi, • Chrieliandird Virgin Wangs 00810 • 340 7,3 4449 • to. 340 773 0,30 18 II tinge,* Cicide • Cholalie Amain Virgin Wong, 021502 • 380.774 2991 • Fox 310 774 6953 REAL PROPERTY TAX CLEARANCE LETTER TO: Recorder Of Deeds FROM: Office of the Tax Collector In accordance with Title 28, Section 121, as amended, this shall certify that there are no outstanding Real Property Tax obligations for the following: PARCEL NUMBER 1-09801-0102-00 LEGAL DESCRIPTION B-138.2 GREAT ST JAMES ISLAND RED HOOK OTR. OWNER'S NAME GSJ PROPERTIES CORP Taxes hove been researched up to and including 2015 CERTIFIED TRUE AND CORRECT BY LUDENCE ROMNEY TAX COLLECTOR el se- siammuRE 01/22/2016 DATE EFTA00805295 GOYIM/AIME OF TM UNITTO STATES VIIEGIN ISLANDS OFFICE OF THE LIEUTENANT GOVERNOR DIVISION OF REAL PROPERTY TAX I IS lane Poor • Chthilonste4 ninon IINONIt 00420 • 340 In 440 - far 240.113 3330 4onaem Gted• • Charlene Amalie Vitale Is/ands 00602 • 340 714 MN • fax 340174 SIS3 REAL PROPERTY TAX CLEARANCE LETTER TO: Recorder Of Deeds FROM: Office of the Tax Collector in accordance with Title 28, Section 121. as amended, this shall certify that there are no outstanding Real Property Tax obligations for the following: PARCEL NUMBER LEGAL DESCRIPTION OWNER'S NAME 1 -09801 -0103-00 C-1&C•2 GREAT ST JAMES ISLAND No.6A RED HOOK QTR. FURST, JOHN K. . KIM 8 NINA Taxes have been researched up to and including 2015 CERTIFIED TRUE AND CORRECT BY DELBERT HEWITT CHIEF OF STAFF SIGNATURE 11/09/2015 DATE 9LS0009T0a saoa EFTA00805296 • • 1r THE TERRITORIAL COUP? OF THE VIRGIN ISLANDS DIVISION OF ST. THOMAS AND SI. JOHN IN THE VATTER OP THE ESTATE OF ) P:.1147E :XL 43/1987 KAREN ELISABETH KJAER a.k.a. KAREN LIS KJAER, Deceased, FINAL ADJUDICATION In this matter, the Court finds that: 1. Karen Elizabeth Kiaer a.k.a. Karen Lis Kjae: (the "decedent") died a resident of 011on. Chesieres, Switzerland. 2. The decedent died on Hay 28, 1983, at Chalet "Aloe", 011on, Chesieres, Switzerland. 3. The decedent left a Lant Will and Testament dated September 7, 1979 (the "Will"), which Will was admitted to probate by the Justice of the Peace, Circuit of 011on, Lausanne, Switzerland. 4. The domiciliary Executor of the estate of the decedent (the "estate") is Christian !War of Frederiksberggade, 24, 5, 1459 Copenhagen, Denmark. 5. The death certificate of the decedent, the Will, and the documents admitting the Will to probate and appointing Christian Kjaer domiciliary Executor of the estate of the decedent, were recorded at the Office of the Recorder of Deeds for St. Thomas and St. John on Declwher 21, 1986. in, respectively, Book 29-P. Pages 133, 137 and 142, Sub Nos. 6607, 6607(a). 6608. 6608(a), 6609 and 6609(a). EFTA00805297 • • 6. The legatees avid 'Ind.,- the Will ace Christian K'act, Mortqe Fars., nelle 3undsaard und S:ver. Eundgaard. • the son, dauehter and P-andehLIJren, .,the dee3deat. 7. On May IChristion Kjaer. Herete Furst, Relit Bundgaard and Steen :Bundgeard, pursuant to Rule 41 of the Dtscrict Court of the iVirgin Islands and to Title 15 5 198 of Vir4in Islands Code. filed with this Court their petition for setclement of the' estate without administration. 8. Notice to Creditors end passible heirs has been 3. 13£1, the said :o;acees and dev;.,) . duly published and posted, in oecnraance with law, and pranf thereof filed with this Court. 9. Pursuant to Rule 41 of the District Court of th, Virgin Islands and to Title 15 192 of the Virgin Islands Code the inventory of the estate was appraised by two responsible persons and their appraisemenr submitted to this Coorr follows: REAL PROPERTY Great St. James Island No. 6-A Red Hook Quarter St. Thomas, Virgin Islands Parcel No. 11 Estate Nazareth No. 1 Red Hook Quarter St. Thomas, Virgin Islands, as shown on Public Works DI-awing No. F9-370-T59 dated December 24, 1958 PERSONAL PROPERTY • NONE $3,000,000.cfl $ 100,000.00 EFTA00805298 • • TOTAL PROPERTY OF ThE FSTAT1 $1,10n 000.)0 1). The said patiticners. Chicstiaa Kjaer. Furst, Pelle iundgaard and 1.:n.4marj have paid deb: the decedent in the Virgin Island! ...rich have come to the.: !notice, and accept the esette in the Islands clearl,•. i simply and unconditionally, indcing the said Christian Kjual•, Mlerete Furst. Helle Bundgaard and Steer: Bundgaard and t!:e property of the decedent in the Virgin Islands responsible for any further debts that ray be owing by the decedent. - ( 11. The estate consists of the follovinr: REAL PROPERTY (1) Great St. James Island No. 6-A Red Hook Quarter St. Thomas, Virgin Island* $3,000,000.00 (2) Parcel No. 11 Estate Raz:synth No. 1 Red Hook Quarter St. Thomas, Virgin Islands, as shown on Public Work.: Drawing No. F9-370-T59 dated December 24, 1958 $ 100,000.00 :PERSONAL PROPERTY NONE -0- TOTAL PROPERTY OF THE ESTATE $3 100 000.00 Disbursements: 'Filing petition and I inventory $ 7.00 !Recording Will and Other Documents 40.00 'Publication of Notice to Creditors 206.32 Legal Fees 10 000.00 _20 251.32 ' TOM DIS1RIBTURLE 4STarb *;3,p/9,26N.63 • — • — - • - • — sa EFTA00805299 • • 12. The domiciliary Executor hae !,een notified of r.'e filing nf the petition and proof thcreof filed with this Court. 1!. The Virgin Islands inheriteaLe ta.i of 6151,467.4'.1 has bern By their Renunciation, Du-claier, aoc Release, filed simultaneously with their petition for settlen.flly !without administration, pecitiondrs, Christian Kjaer, Herete 'Furst, Hello fundaaard and Steen Bundgaard, have advised this Court that they have renounced and disclaimed foreve: the devises made to them by the Will, and have unanimously agred 'among themselves, notwithstanding the Will, how the estate should be apportioned and distributed among rher, and have petitioned this Court that the estate be apportioned and distributed in such manner. ! WHEREFORE, the Court being satisfied in the premises it lis hereby, ORDERED, ADJUDGED AND DECREED chat the petition of 'Christian Kjaer, Estate Furst, Helle dundgeard and Steel. I Bunkigaard dated Hay 8, 1967, for settlement of the i estate without administration be and the same is hereby approved. land it is further ORDERED, ADJUDGED AND DECREED that said petitioner:: 'having also filed with this Court on said data of May 8, 1987, an I 'instrument renouncing and disclaiming forever the devises made to i them by the Will, and havinli unani:Pensly petitioned this Coucr. that the estate be apportioned and distributed in the manner SCL forth in said instrument, the estate of the decedent in the 17 EFTA00805300 gre Naecii.ad awes Jo uoTz.iTaorep spunoq pue sezew pue Muimr:p r uo se issol ao alo* shlaATaoadePa 'snipe u.8 puR saaor rzi 30 SulasTsuo› 'spurts: 'sew041 'aS 'inale0b 11001.1 Pay v-9 -0t4 'Petri saltier -1S lea2D Z-Ï Pue 1-2 *soN slaD2rd uuteso; a2nlose a/dulls pa; try 'mitt's /robe uT UOMWOD uT saueual se 4sullsse pue saTaq alatal commune Lens pue Gavvocog Ingsu 01 (q) :9561 'la DeceueDag po2cp eu-ote-63 'ow îfflittiG etaw2avdaa sneom Dinna uo umous se Issel ao aaow 'eIDe WO 30 ihmelsuoo erpuels! uealA 'sewn'. -as lieorrnb noon pet' 7 .os 'qloaurru aleas3 77 'ou 'pond 0NV !,781-szin-ez .ce arri lueuxrdea smsom DT/qnj 8uTareq Pur •gz anqwRodes pal:TT “Dut '2U1X0A2SIS pue tuTaeouT2u3 spuvls7 uT2aTA 6g peavdead ewes jo uolldIxesep rpunoq pur saleu pue kuTsvap e un ufflys se 'sae/ io eaou I SP.172 r0B go etrpiTeUOD 'ePureisI uellA 'eamoU '3S 13ellenb nooH P'''; V-9 '0N 'Puettgl t're.sr:r aweaD 1932vd :aeeti;o3 aliiocqv uldL;v 'eug”tu: PLR LI;e4 'WelYrA WelISIUHD 01 ‘0) :20uuew eteVell ; v; 5401,M:rod pies ICIOJV peatqTalelp ;)4u0122c.dde nypeaq sy oturs 44O pue aq spuetrl u123-1A • • EFTA00805301 • • 11 by Virgin lalands Esu.ineerUlt and Surveying;, In:. . .fated September 24, 1934, all bearing Public tio:ks Department File No. D9-24'.i-TEt. gal 70 MEREIE FURST, her heir: : unif aseigne, in f simple absolute forevcr: Parcels No. C-1 and C-2 G.:ei.c St. James No. 6-A Red Hook Quarter, St. Thomas, Virgin islands, consisting of 32.7 acres and 8.25 ecron, respectively, more or less, as shown on a drawing and metes and bounds description of same prepared by Virgin Islands Engineering and Surveying, inc., dated September 24, 1934, and bearing Public Works Department File No. 09-2825-T84: and it is fetcher ORDERED, ADJUDGED AND DECREED rhac upon the foregoing distribution being made, the estate will be deemed closed. ALL OF THE FOREGOING ORDERS ARE SUBJECT TO THn PROVISIONS OF Chapter L3, Title 15 of the Virgin Islands Code. 1 . Detach ISC: f /..), 1987 Attest: viola E. Smith Admin tratori Clerk of tae Court / 'te• twiny Wsr WA40X6 rit Phi 24CORINIfticofitc c reit am ceivact. tr3s454)2. Puy •-ti viAQN , — ace Ill v4e, • V14 Th4 RrAL IFEAt ;einto r as toe int "V lei 1 1g9 pores rue NA IMA :MY DATet se --- AL. 4# 4 A. CHkIST AN Judie of the Territorial Court ma ma Ns ...4 •••re 0 A 'Atli 44)" Do O '1 i Ciot t Intlflil l± coutil o, 4:1) SF r/i -----"L teedri itAleviedniWawte.dle::- as CT R( DER Or OR Ar9 EFTA00805302 ?-11 of the sum of TWO MILLION DOLLARS (52.000,000.00), paid by the icy BARGAIN AND SALE DEED 1, THIS INDrNTURE, made the V v — day of I. , 1979, between :AMES A. EVANS, JR., an individual of 49 Leeward Way, Cow- pet Bay west, St. Thomas, Virgin Islands 00801 WILLIAM H. EVANS, an indivitiun; of No. 6 Tara Way, CoNoet Say Village, F. r. Box 7579, St. Thomas, Vlrvin Islands 00801, (Avant BAY CORPCRATION, a Virgin :slonds corporation of P. C. Box 7579, Sc. 'ihovas, Virgin Islands 00801, ('iereinafter collectively referred tc as 'Grantors") and kAPEN 2.1S !MFR. c/c Sirch, do 3ongh 6 rarrclly, P. 0. Box 1239, Sc. Thomas, Virgin Islands C0801, (hereinafter referred to as -Grantee"). WITNESSETH: That the Grantors, for and in consideration Grantee, the receipt of which is hereby acknowledged, and other good and valuable consideration as specified in the Contract dated January 12, 1979, by and between Grantors and Grantee, do hereby bargain, sell, quitclaim and release unto the Grantee, her heirs 150010 i2 and assigns, in fee simple absolute forever, all of their right, title and interest in and to the following described real pro- perty: "CS a te , 3 y 76' • — 1. The Island known as Great St. James Island / 74. in the United States Virgin islands and being located off the southeastern tip of the Island of St. Thomas, United States virgin Islands, and as shown on tax maps nos. 1-098-00, 1-097-00 and 1-079-00 of the Government of the Virgin Islands together with the Island known as Current Rock located in the waters between the Island of St. Thomas and the said Island of Groat St. James; AND ill/f 7. Parcel No. Estate Nazareth, no. i red Hook ttai ! Quarter, St. TnomaS, Virgin Islands, consisting of 0.25 C.S. acre, more or less, as shown on c;67yr - Public Works Drawing No. 19-370-T59 dated December 24, 1958, a copy of which is annexed heretcyrind made a part hereof; TOGETHER WITH any improvements thereon, and the rights, privileges and appurtenances belonging thereto: TOGETHER WITH all of the Grantors' right, title and in- terest in and to that certain easement on and over Parcel No. 8-57-4 Estate Nezareen, No. 1 Red Hook Quarter, St. Thomas, Virgin Islands, shown on Public works Drawing tilt No. 09-1395-T7S, a copy of which is annexed hereto and made a part hereof, as Easement "C S ,r, DEFENDANTS EXHIBIT EFTA00805303 and described in that deed dated April :4, 19/8 from coweet nay Corporation to The Anchorage Associates, which deed was recorded April 24, 1978 in Book Page 52, Ho. 1114 in the Office of the Recorder of needs for Sr. Thorns and St. John; TOGETHER WITH = :“in-exciusive easement in perpetuity, appurtenant to and running with the premises herein conveyed, an, over and across the Estate Road Right of way from Parcel No. 8-57-4 Estate Nazareth, No. Red Hook Quarter, St. Thomas, Virgin Islands, to and from the Public Road for ingress, egress and re- gress, by foot or by vehicle, by the Grantees, her heirs, assigns, licensees and invitees; TOGETHER WITH a non-exclusive easement in perpetuity, appurtenant to and running with the premises herein conveyed, on, LI over and across that certain easement area shown on Public Works 0rawing rile No. D9-1395-T78, hereinabove refereed to, as Easement "A", to and from the said Easement "A" and the Public Road for ingress, egress and regress, by foot or by vehicle, by the Grantee, her heirs, assigns, licensees and invitees: TOGETHER WITH all of the Grantors' right, title and in- terest in and to United States Department of the Army. Corps of Celnetirs. Permit Nos. 79J-5011 and 79J-5013, both dated June 21, 3979, for the construction of docks at, respectively, Red Hook, St. Thomas, Virgin Islands, and St. James Day, Great St. James Island, St. Thomas, Virgin islands, the original of which Permit is annexed hereto, made a part hereof, end intended to be record- ed simultaneously herewith; TOGETHER WITH all of the Grantors' right, title and in- terest in and to Department of Conservation and Cultural Affairs. Government of the virgin Islands of the United States, Submerged Lands Permit No. 213, dated effective August 24, 1979, for the construction of the two (2) clock* referred to hcresnabeve, and fox the use and occupancy of the submerged lands over which the said docks will be located, the original of which Permit is annexed : hereto, made a part hereof, and intended to be recorded simultan- eously herewith; EFTA00805304 SUBJECT. HOWEVER, to the right, if any, of the United States of America to maintain the aid to navigatio❑ at present in place an Current Rock, the terms and conditions of the aforesaid permits relating to the construction and use of docks at Great St. Ji.mem island and Parcel No. 11 Estate Nazareth, end the submerged lands over which the said docks will be located, the rights of others Jr the easements herein granted, and toning ordinances and statutes of the Virgin Islands of the United States. TO HAVE AND iv; WAD the premises herein ..iranted unto the Grantee, nor heirs and assigns, in fee simple absolJte forever. AND THE GRANTORS COVENANT that they have done nothing to cucumber or otherwise impair title to the premises herein conveyed, or taken any other action which would prevent the Grantee from exercising quiet enjoyment of the said premises. IN WITNESS WHEREOF, the Grantors have executed this deed of bargain and sale the day and year first above written. WITNESSES: JAMES A. EVANS, JR. WILLIAM H. EVANS C._,L.fLai P / 7 " COWPET DAY CORPORATION By: Attest: TERRITORY OF THE VIRGIN ISLANDS DISTRICT OF ST. THOMAS AND ST. JOHN ) es: , Pr4sfArmr •rteretary On this Y r!' day of - , 1979, before me, the undersigned officer, personally appeared JAMES A. EVANS, JR. and WILLIAM H. EVANS, known to re and to me known to be the individuals described in the foregoing Bargain and Sale Deed; and acknowledged that they executed same freely and voluntarily for the purposes therein contained. EFTA00805305 IN WITNESS WHEREOF. 7 have hereunto get my hand and official seal the day and ,ear first above written. 'ffeltnry nutitc- TERRITORY OF THE VIRGIN ISLANDS DISTRICT OF ST. TBOMAS ?cm ST. .7cHN 1 ES: On this irl4day of I , 1979, before ne, tre undersigned officer, personally appeared 1. - .„ /-•• whc, acknowledged himself to be the president of CMPET BAY CORPORA- TION, the corporation described in the foregoing Bargain and Sale Deed, and ho being duly authorized executed the same on behalf of the said corporation by signing his name thereto as such President. IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year first above written.. tary Pub . 1_:s. N • . 1 ESTATE NAZARETH, NO. 1 Red Rook Quarter -/ELAND OF GREAT ST. JAMBS, NO. 6a Red Hook Qtr., theimAs. 0.'s';'VrAdY3- rsumps ,9etobier 10, 1979 .ceoi‘e.. • ff,/ Bargain and$010.pepd..dated Ort. 9,1.197 V..i: .KAREN_ L'S )(JABS i I , f;,... T 1 'ItIl a 1. . ,.. - , , : • r cet94!z 10, 1979 . • Floyd 9:Ga?rge fid,01/1( 6.2 n 5 • 1 K t • - “,„ I EFTA00805306 n74. s Ire •••/-/A-Igto) poen. y r /A /J',- t / • st 7• / at- - 7 71 ES4,„ •••••.*--- : • - \.• %•) , n "-J VIRGIN ISLANDS ENGINEERING AND SURVEYING, INC. PARCEL - 7 • le edAysneyv7-5 ep th 1-,..TE ise"2 .•• 02 7// SURVEY CALC. SCALE DATE DWG. NO.: /2 Y7- itZ >! I e rook er, u.".P: re az / - 7/1\ v : : / - 77.6 APPROVED: - / P.W.O. FILE NO. spo-1399n--712, EFTA00805307 A W. 1). . - 3)• 7 7 .7 V Z 2/7 7 ") 7 7 EFTA00805308 w e. • 's ue £- - • 0, 0 • ate " -"`• ,-'- -.; ‘e' G 95 .0 o • •S' ti 5 3 0 ..,.. i. , S• .......„.•• 0.,6 ••-...... •••••. • •=•...X• /•• 2 -...... • -9 27', -*CP / .. ef '..... . -9., ........... ....... ....„. ........ ,o'Sft ..;...... ..•- • i' - Cr1/4X .-- r 1 I -"c7 • • •••, S c.• • ei e - 6 1.7 EFTA00805309 J1 tl -I1 as- 44t, EFTA00805310 PARCEL No.10 ffs'n NAYARIT LAmOSERT GRft• P.W.D. FILE No. F 9— 372.—T 59 L.4 PARCEL No. I EST. NAZARETH TRACT rip. I AREA = ILLI:a:ACRES 1 TRAcr1.42-AR r4=4,84 AG P011,41- DiSTANci Real wc BP-1 SP-2. I 53:0 Siele44W Pr-A CA I3' pg.-a:46W Pras CA900' PT- C CA se s3stittsolie Pr-o $2052 ReWel9 PTE 201:6I Nr7N-3SW P.r- F lAsam RA 1191.28 BP-3 139:49 0$15iltiw BP-3 Cm2lo PARcEL. No. II ESTATE NAZARETH 80.1 43't OP. in Sog-49'w i P4RCEI, No 18 EST. SMITH BAN* 41 OFFICE OF N. C. WELLS: C. E, — — ST: ThallAS ESTATE NAZARETH "itmeRs) No. f RED HOOK QUARTER SAINT THOMAS VtRIEIH i of -nets BY SuRVEY:NAW-NPIVI DRAWN: MON-WR elliAteD: W. we, SCALE: li40/1 CATE: I .22-59 APPROVER FOR RECAvo ISMC Qun.01YOR _ DEFENDANT'S • EXHIBIT EFTA00805311 WARRANTY DEED Dad 2$4110F33242 I Pages 5 8S/11/2811 2:56D11 Official Records of ST THOMAS/ST JOHN VILMA O. HART SMITH RECORDER OF DEEDS Fees $93821.88 THIS INDENTURE, made the I day of O 2010 between Helle Bundgaard and Steen Bundgaard of Denmark (hereinafter collectively referred to as "Grantors") and GSJ Properties Corp., a Virgin Islands Corporation, Time Center Building, 4600 Fstate Charlotte Amalie, St. Thomas, VI 00802, (hereinafter referred to as "Grantee"). WITNESSETH: That the Grantors, for and in consideration of the sum of WAtcee. WAVWyks DOLLARS (S Z•oottorkt-1, paid by the Grantee, the receipt of which is hereby acknowledged, and other good and valuable consideration, do hereby grant and convey unto the Grantee, its successors and assigns, in fee simple absolute forever, all of their right, title and interest in and to the following described real property: Parcel B-1 and B-2 Great St. James Island, No. 6A Red Hook Quarter, St. Thomas, Virgin Islands consisting of 32.7 acres and 8.25 acres, respectively, more or less as shown on P.W.D. No. D9-2825-T84, BEING THE SAME PREMISES which were conveyed to the Grantors by Final Adjudication of the Estate of Karen Elizabeth Kjaer a/k/a Karin Lis Kjaer dated October 15, 1987, recorded at the Office of the Recorder of Deeds on October 21, 1987, in Book No. 31D, Page 54, Sub. No. 5090. TOGETHER WITH any improvements thereon, and the rights, privileges and appurtenances belonging thereto: TO HAVE AND TO HOLD the premises conveyed hereby unto the Grantee, its successors and assigns, in fee simple absolute forever. SUBJECT, HOWEVER, to Virgin Islands zoning regulations and to the covenants, restrictions, easements and agreements of record. dV2E00Itela 03°U EFTA00805312 AND THE GRANTORS WARRANT that they are seized of the premises in fee simple and that they have good right to convey the premises, that Grantees shall quietly enjoy the premises; that the premises are free from encumbrances except as set forth or referred to herein; that Grantors will execute or procure any further necessary assurances of title to the premises and that Grantors will forever warrant and defend title to the premises. IN WITNESS WHEREOF. the Grantors have executed this warranty deed the day and year first above written. WITNESSES: Book: Pages: 8888 Doc' 2811863242 Filed II Recorded 85/11/2811 2.56PM VIM 0. HART SHIM RECORDER OF DEEDS ST THOMAS/ST JOHN RECORDING FEE $ 3,812.88 TEED DOC STAMP 3.8 $ 98,080.68 PER PAGE FEE 5.843 ATIRDOINT FEE 4.90 Steen Bundgaard EFTA00805313 ) ss: The foregoing instrument was acknowledged before me this day of , 2010 by Belle Bundgaard and Steen Bundgaard. Notary Public Commission No.: ) ss: The foregoing instrument was acknowledged before me this day of _ , 2010 by Hclle Bundgaard and Steen Bundgaard. Notary Public Commission No.: te.ce;otte -ref f e (Alfa; on sIllawt It' c V • .151 vs- a 5 EFTA00805314 This is to certify that Mr. Hello Elisabeth Bundgaard and Mr. Steen Poul Bundgaard today in my presence al the Notarial Office approved and signed the above document. No conspicuous corrections or addenda were found in the document. They have proved their identities by presenting passports. District Court of Lyngby, Denmark the 13th of April 2010 . , mth 11 );Vit iti k e enc orff tary Public ATTEST: It is hereby certified that the above mentioned property/s which, according to WARRANTY DEED dated April 1, 2O11 belongs Doc) 2011003242 I Paps 5 85/11/2811 2:560I Official Records of ST THOMAS/ST JOHN AIM 0. HART SMITH RECORDER OF DEEDS Fen $93821.99 to: GSJ PROPERTIES CORP.(GRANTEE) has not, according to the Records of this office, undergone any charges as to boundaries and area. Cadastral Survey! Tax Assessor Offices . -Dated: A• ii 8, 2011 is arrigan Tax Ass Office of the Lieut •nt Governor NOTED IN THE CADASTRAL RECORDS FOR COUNTRY/TOWN PROPERTY, BOOK FOR GREAT ST. JAMES ISLANDS NO. 6A RED HOOK QUARTER ST. THOMAS. VIRGIN ISLANDS Cadastral Survey/ Tax Assessor Offices . • Dated , 7 S a r a ? Ar Aonoo r for Survf Office of the Lieutenant Governor 342£00T Tea Soca EFTA00805315 O 0. 0sitirri•TP, GOVIINMINI 01 THE DAVID SIAM MON ISLANDS OFFICE OF THE LIEUTENANT GOVERNOR DIVISION OF REAL PROPERTY TAX IDS King Mrs! • Cheillonstect vrgln Islands00020 • 340.773 6411 • Fax 340/73.0330 II Reflgrill Gods • C Wells Amok. Virya IsloAd6ODO02 • 110 771 111I • For 344 774 6151 REAL PROPERTY TAX CLEARANCE LETTER TO: Office of the Recorder of Deeds FROM: Office of the Tax Collector In accordance with Title 28, Section 121, as amended, this shall certify that there are no outstanding Real Property Tax obligations for the following: PARCEL NUMBER 1-09801-0102-00 LEGAL DESCRIPTION B-1 & B-2 GREAT ST JAMES ISLAND RED HOOK QTR. OWNER'S NAME BUNGAARD, HELLE & STEEN Taxes have been researched up to and Including 2Q06 CERTIFIED TRUE AND CORRECT BY Volencio Jackson Tax Collector April 7, 2011 DATE aVatOOTTEIE sac' EFTA00805316 itWOOMPS Jakobsen Execu of the Estate of Merete Emilie Furst S Fusucus Rote: 1if P Do ales ell 2884a%268 Filed I Recorded 87/14/2884 9:17AM URN; 0. HART SMITH RECORDEROF EXECUTORS DEED GT T104115/St J DEEDS OHN PER PAGES FEE ING FIE $ 851.5.88 11 MAMIE FEE $ 4.11 tectnnW This Deed made this ‘. day of r. 1999, by and between Jorgen Frank Jakobsen and Jens ZilstrotT, Executors of the Estate of Merete Emilie Font, of do Jens ZilstrofT, Esplanaden 34. 1263 Copenhagen K. Denmark (hereinafter called "Grantor"), and John Kund Furst of Hambros Ailed, DK-2900. I lellenip, Denmark . Kim Hirst of Efteraarsrej 2. DK 2920. Chariotten Lund. Denmark and Nina Forst of Garda Alto 33, DK 2900. Hellerup. Denmark. (hereinafter called "Grantees"). WITNESSETH: That for an in consideration of the sum of TEN AND 00/100 DOLLARS (510.00) and other good and valuable consideration, receipt of which is hereby acknowledged, Grantor hereby grants, bargains, sells and conveys unto the Grantees, their heirs, successors and assigns, all that certain lot, piece or parcel of land in St. Thomas, U.S. Virgin Islands described as: Parcels C-I and C-2 of Great St. James Island. No. 6-A Red Hook Quarter, St. Thomas, U.S. Virgin Islands. consisting of 40.95 U.S. acres, more or less, as shown on PWD No. D9-2825-T84. BEING THE SAME PREMISES which were conveyed to Merete Emilie Forst by Final Adjudication of the Estate of Karen Elizabeth Kjaer dated November 10, 1987, recorded at the Office of the Recorder of Deeds on November 10, 1987, in Book No. 31D, Page 54. TOGETHER with all of the improvements and appurtenances thereunto belonging, all of the estate, right, title and interest of the Grantor. SUBJECT TO all declarations, covenants, restrictions and easements of record, and to Virgin Islands zoning regulations. TO HAVE AND TO HOLD the same unto the Grantees. us tenants in common, their heirs, successors and assigns. in fee simple absolute forever. AND THE GRANTOR HEREBY WARRANTS: That the Grantor has not done, committed, executed. or suffered any act, matter, or thing whatsoever, whereby the above-granted premises, or any part thereof, may be impeached, charged, or encumbered, in any manner whatsoever. IN WITNESS WHEREOF, the Grantor has executed this deed the day and year first above written. WITNESSES: ..nnitta Aµ1 RACORDINO AT DAY OF ramor•IPAIrsterr firer aziarett Olt* 9929004002 #000 EFTA00805317 WITNESSES: le Ex or of the Estate of Merete Emilie Furst ,l)ite foregoing Warranty Deed Icnowledgal before me the undersigned officer on the0e;! day of peet4—tse-. , 1 by Jorgen Frank Jakobsen in his capacity as Executor of the Estate of Mettle Enarst. Notary Public ERIK SCHACK "Oft Pula(' of Copenhagen The foregoing Warranty Deed *pt gcknowledgcd before me the undersigned officer on theft" day of Wes.4.4A-, , 1977 by Jens Zilstroff, in his capacity as Executor of the Estate of Merete Emilie Furst. otary Public ERIK SCHACK Notary pubic of Copennagen -2 - EFTA00805318 INK)1AHIUS PUBLIC WOTED IN THE GADASTFIAL REcoel38 FOR COON T frr TO* m PROPER TY. (woo( FOR GREAT ST .JAMES fSLAVND,NO 6A RED HOOK QUARTER, ST . THOMAS „VIRGIN ISLANDS. Survey f Tax Assessor Offices 111s ar stmt VA. Od ii November 9,2001 Flo ol r,---., ss stmt to t h e Ta Assessor for rve Office tileuernot ATTEST. R Ill hereby certified that the above 0 thenti0nad Pr0derlYIS winch' according 0 0 so EXECUTOR'S DEED dated December 6,1999 * belongs to: JOHN KURD FURST.KIH FURST and fo eo NINA FURST (GRANTEES) AS TENANTS IN GORD4ONea has not according to the Records of this office, undergone any changes as to 01 bOurviaries and area. Os Cadastral Survey I Tax Assessor Offices Co P (RS" Y. De le& November 9.2001 Ora Assistant to the x Assessor fo Surveys Office of the lieutenant Governor EFTA00805319 AFFIDAVIT OF KEVIN I'. D'A.MOUR Territory of the U.S. Virgin Islands ) District of St. Thomas and St. John ) ss. I, Kevin F. D'Amour, first being duly sworn, depose and state the following facts umo the Court: I. I am an adult resident of St. Thomas, U.S. Virgin Islands and competent to make this Affidavit. 2. 1 am the attorney for the Estate of Mcretc Furst. 3. On the 6th day of December. 1999 the executors of the Estate conveyed Parcel Nos. C-1 and C-2 of Great St. James Island, No. 6-A Red Hook Quarter, St. Thomas. U.S. Virgin Islands to the sons and daughter of Merete Furst. 4. John Kund Furst, Kim Furst and Nina Furst are the sons and daughter of Merete Furst. 5. Pursuant to Title 33, Section 128 (a) (8) of the Virgin Islands Code this conveyance is exempt from stamp taxes. 6. For recording fee purposes the value of the transfer is $839,091.00. Dated: July 13, 2004 7e . Kevin F. D'Amour SUBSCRIBED and SWORN to before me thisj3 day oflul 004. Viltyte.; NO ARY PUBL Libby Davis Notary Para R. No. NP-I I I-03 U.S. Virele Islands [nitric( Pi St. Thelf k St. Jobs Pk 9438119 .1 1911201!.0O0) 123291-2 Como. Firm A mewl I. 2007 0 Il O io O N EFTA00805320 Kronpondscns (jade TRD-E-S37 GOVERNMENT OF THE VIRGIN ISLANDS OF THE UNITED STATES CHARLOTTE AMALIE, ST. THOMAS, V.1. 00801 DEPARTMENT OF FINANCE TREASURY DIVISION TO: THE RECORDER OF DEEDS FROM: THE TREASURY DIVISION IN ACCORDANCE WITH Title 28. SECTION 121 AS AMEMDED, THIS IS CERTIFICATION THAT THERE ARE NO REAL PROPERTY TAXES OUTSTANDING FOR FURST, MERETE Great St. James Island, #C-1 & C-2, -Re4.1looli-Quartar.— (PARCEL NO ) 1-09801-0103-00 TAXES RESEARCHED UP TO AND INCLUDING 2002. RESEARCHED BY: TITLE: DATE: VERIFIED BY: TITLE: DATE: COLLECTOR NO. Ira Christopher Enforcement Officer II June 15, 2004 fantail. M it, Moms' Chief. Revenue Collection June 15, 2004 8501 EFTA00805321 role'. 0000. DocN 2816888178 Filed & Records 81/11/2816 2:3SPN ERICA COVER, M.P.B. RECORDER OF DEEDS ST THOMAS/ST JOIN RECORDING FEE WARRANTY DEED DEED DM STAMP 3.8 PER PACE FEE PENALTY FEE $ 3,812.80 99,980.813 SAID • 188.88 THIS INDENTURE, made the id day of /9/0f. •/, 2010 between John Knud FtIrst, Nina Furst and Kim Furst of Denmark (hereinafter collectively referred to as "Grantors") and GSJ Properties Corp., a Virgin Islands Corporation, Time Center Building, 4600 Estate Charlotte Amalie, St. Thomas, VI 00802, (hereinafter referred to as "Grantee"). WITNESSETH: That the Grantors, for and in consideration of the sum of — e c en e //on DOLLARS (S .31 ocreso..), paid by the Grantee, the receipt of which is hereby acknowledged, and other good and valuable consideration, do hereby grant and convey unto the Grantee, its successors and assigns, in fee simple absolute forever, all of their right, title and interest in and to the following described real property: Parcel Nos. C-1 and C-2 of Great St. James Island, No. 6-A Red Hook Quarter, St. Thomas, U.S. Virgin Islands, consisting of 32.7 and 8.25 U.S. acres, respectively, more or less, as shown on PWD No. D9-2825-T84, BEING THE SAME PREMISES which were conveyed to the Grantors by Final Adjudication of the Estate of Karen Elizabeth Kjaer a/k/a Karin Lis Kjaer dated October 15, 1987, recorded at the Office of the Recorder of Deeds on October 21, 1987, in Book No. 31D, Page 54, Sub. No. 5090. TOGETHER WITH all of the improvements and appurtenances thereunto belonging, all of the estate, right, title and interest of the Grantors. TO HAVE AND TO HOLD the same unto the Grantee, its successors and assigns, in fee simple absolute forever. SUBJECT, HOWEVER, to Virgin Islands zoning regulations and to the covenants, restrictions, casements and agreements of record. PR: /153251.'1 MOROI! DOC) 1231814 OCC0009 TEI3 #004 DEFENDANTS EyBIT EFTA00805322 AND THE GRANTORS WARRANT that they are seized of the premises in fee simple and that they have good right to convey the premises, that Grantees shall quietly enjoy the premises; that the premises are free from encumbrances except as set forth or referred to herein; that Grantors will execute or procure any further necessary assurances of title to the premises and that Grantors will forever warrant and defend title to the premises. IN WITNESS WHEREOF, the Grantors have executed this warranty deed the day and year first above written. WITNESSES: 2 Nina FOrst 0410009 Tea 1400a EFTA00805323 )ss: The foregoing instrument was acknowledged before me this day of , 2010 by John Knud Hirst. Notary Public Commission No.: TERRITORY OF THE VIRGIN ISLANDS DISTRICT OF ST. THOMAS AND ST. JOHN ) ss: The foregoing instrument was acknowledged before me this day of April, 2010 by Nina Furst. Notary Public Commission No.: TERRITORY OF THE VIRGIN ISLANDS DISTRICT OF ST. THOMAS AND ST. JOHN ) ss: The foregoing instrument was acknowledged before me this day of March, 2010 by Kim Hirst. Notary Public Commission No.: 3 OL I 000910a Napa EFTA00805324 This is to certify that Kim Furst, Nina Mint and John Knud Furst today in my presence at the Notarial Office approved and signed the above docu- ment. No conspicuous corrections or addenda were found in the document. Kim Furst, Nina Punt and John Knud Hirst have proved their identities by presenting passports. The ourt of Lyngby, ark, the 12th.day of April 2010 Li Markussen Notary Public ATTEST: It is hereby certified that the above mentioned property's slick according to WARRANTY DEED dated Aoril 1, 2011 belongs to: GSJ PROPERTIES CORP (GRANTEE.) has net. according to the Records of this office, undergone any changes as to boundar:es and area. C astral Survey/Tax Assessor Offices ,TvA lignajda. Da April. 8 by s rr g to t e Tax As or for Su veys Office of the Lieutenant Governo NOTED IN%THE CADASTRAL RECORDS FOR COUNTRY/TOWN PROPERTY, BOOK FOR GREAT ST. JAMES ISLANDS NO. 6-A RED HOOK QUARTER ST. THOMAS. VIRGIN ISLANDS stral Survey/Tax Assessor Offices Da : A • ril 8 2011 841 t2 th Tax Assess Kr for Office of the Lieutenant Governor II 1' V if 04 T0009T02 nooa EFTA00805325 • 4 nar it oxf GOVEIMADO OF NI UNDID STATUS VI1GIN ISLANDS OFFICE OF THE LIEUTENANT GOVERNOR DIVISION OF REAL PROPERTY TAX I :OS King SW0 • ChrIrOeintle4 VIrsra It:ornts 30120 • 340173440 • fin 340.77).0330 16 Kongefts God* • Chao!Ole ArnoN. Vligh. I Wroth 00002 • 39.77427/1 • lea 340.7744953 REAL PROPERTY TAX CLEARANCE LETTER TO: Recorder Of Deeds FROM: Office of the Tax Collector In accordance with Title 28, Section 121, as amended, this shall codify that there are no outstanding Real Property Tax obligations for the following: PARCEL NUMBER 1-09801-0103.00 LEGAL DESCRIPTION C•l&C-2 GREAT ST JAMES ISLAND No.6A RED HOOK QTR OWNER'S NAME FURST, JOHN K. , KIM & NINA Taxes have been researched up to and including 2015 CERTIFIED TRUE AND CORRECT BY DELBERT HEWITT CHIEF OF STAFF -11134ild2TURE 01/07/2016 DATE OL T0009102 #OOa EFTA00805326 IN THE SUPERIOR COURT OF THE VIRGIN ISLANDS DIVISION OF ST. THOMAS & ST. JOHN GREAT ST. JIM, LLC ) Civil No. ST-18-CV-293 Plaintiff, v. CHRISTIAN KJAER in personam, & PARCEL 11, ESTATE NAZARETH, ST. THOMAS, U.S. VIRGIN ISLANDS in rem, Defendant. ACTION FOR ENFORCEMENT OF COVENANT, INJUNCTIVE RELIEF, PRIVATE NUISANCE, DIMINUTION OF VALUE, UNJUST ENRICHMENT & ACCOUNTING ORDER THIS MATTER came before the Court on motion by Defendants Christian Kjaer ("Kjaer") in personam and Parcel I I, Estate Nazareth, St. Thomas, U.S. Virgin Islands in rem to dismiss the First Amended Complaint filed by Plaintiff Great St. Jim, LLC. Based on the pleadings, it is hereby ORDERED that Defendants' Motion is GRANTED, and it is further ORDERED that this matter is DISMISSED WITH PREJUDICE, and it is further ORDERED that Plaintiff shall remove the Lis Pendens that it recorded against Parcel 11, Estate Nazareth, St. Thomas, U.S. Virgin Islands on July 24, 2018 at the Recorder of Deeds for the District of St. Thomas and St. John, SO ORDERED Dated: , 2018 ATTEST: Estrella George Clerk of the Court By: DENISE M. FRANCOIS Judge of the Superior Court of the Virgin Islands Distribution: Gaylin Vogel, Esq. and Marjorie Whalen, Esq. EFTA00805327