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HomeMy WebLinkAboutLOD201200003 Correspondence 2012-10-21J. Randolph Parker Ury.f. McElwain Annie Lee Jacobs C. Haley Vaughan Robertson K. Catherine Albano Parker, McElwain & Jacobs, P. c. Attorneys at Law 2340 Commonwealth Drive Charlottesville, VA 22901 October 21, 2012 Mr. Ronald L. Higgins, AICP Albemarle County Dept. of Community Development 401 McIntire Road, North Wing Charlottesville, VA, 22902-4596 Re: Tax Map Parcel 236-31J Dear Ron: P.O. Box 6186 Charlottesville, VA 22906 (434) 973-3331 FAX: (434) 973-9393 I have been requested by my client, Synnove Abrahamsen, to contact you with regard to a claim of mineral rights pertaining to the above cited property by Alberene Soapstone Company, an adjacent property owner. I represented Ms. Abrahamsen when she purchased the property from The Quarries, L.L.C., a Virginia limited liability company, in 2004. Enclosed you will find a copy of the deed by which she took title. At that time Republic Title Services performed a title search of the property, taking title back a minimum of sixty (60) years to a general warranty deed. Based upon that search Republic issued an owner's policy of title insurance, a copy of which is also enclosed. You will note that there is no exception for mineral rights. Should an effort be made to exercise the claim, on behalf of my client I would demand incontrovertible evidence that there is a legal basis underlying the claim. Should the claim be validated I believe that my client would have a claim against her title insurer. I hasten to add that I have every confidence in the title search which was performed for my client, and am skeptical about the t ,,, ur r f� t, t o include-1 f f�� U ..'t >Z client's L•:x/l iVl 1 V�.Ll / Va vre_1Ve 111t4`'�e a.1:JV lvdUU�.v U �.Vtl�, �J lh-- . ee l by llich mny client s predecessor in title acquired the property. Please let me know if I can be of additional assistance. Vey truly yours, J. Cc: Synnove Abrahamsen Lisa Graziano, Esq. TMP# 012600-00-00-031JO PREPARED BY: NICHOLAS E MUNGER, P. C., Attorney at Law, P. O. Box 187, Crozet, VA 22932-0187 THIS DEED, made this 23`d day of February, 2004, by and between THE QUARRIES, L. L. C. , a Virginia limited liability company, herein called Grantor, and SYNNOVE ABRAHAMSEN, herein called Grantee, whose mailing address is _8350 Boulevard East, Apt. 5F, N. Bergen, NJ, 07047 , W I T N E S S E T H : THAT FOR AND IN CONSIDERATION of the sum of Sixty Thousand and No/100 Dollars ($60,000.00) cash in hand paid, the receipt of which is acknowledged, the Grantor does hereby GRANT, BARGAIN, SELL and CONVEY with GENERAL WARRANTY and ENGLISH COVENANTS of TITLE unto Synnove Abrahamsen, the following -described real property, to -wit: All that certain tract or parcel of land situated off of Virginia State Route 602 (Howardsville Tumpike) in the Scottsville District of Albemarle County, Virginia, containing 21.856 acres designated as Lot 1, as shown on plat by P. Massie Saunders, Jr., C.L.S., for Saunders Surveys, Inc., dated January 20, 2004, captioned "Plat Showing A Division Of A Portion Of The Property Of S. Vance Wilkins, Jr.", which plat is recorded in the Clerk's Office of the Circuit Court of Albemarle County, Virginia in Deed Book 2692 at page 488; TOGETHER WITH, as an appurtenance to said Lot #1 herein conveyed, a mutual, reciprocal and nonexclusive easement over and across the Residue of Tax Map 126-31 J for ingress and egress between State Route 602 and said Lot #1, the course, location and distance of which easement is as shown on the aforementioned plat as "Proposed 30' RNV to Serve Properties"; BEING one of the two parcels conveyed to the Grantor herein by deed from S. Vance Wilkins, Jr. dated February 13, 2004, and recorded in said Clerk's Office, together with the aforementioned plat, in Deed Book 2692, page 485. 1