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HomeMy WebLinkAboutSUB202000079 Review Comments Appeal to BOS 2020-08-13This document was prepared by and upon recordation return to: Mary Katherine McGetrick (VSB No. 47084) Williams Mullen 200 South W Street Suite 1600 Richmond, VA 23219 Tax Map Parcel Number 6217-04-4 This deed is exempt from taxation under Virginia Code § 58.1-811(A)(3). DEED OF DEDICATION AND GIFT THIS DEED OF DEDICATION AND GIFT is made this _ day of 2020 by and between ROY LEE AND LESLIE LEE, husband and wife (the "Grantor"), JOSEPH D. THOMAS, JR. AND WILLIAM COOK (collectively, "Trustee"), NEXTMARK FEDERAL CREDIT UNION, a Federally -chartered credit union and the successor in interest to FAIRFAX COUNTY FEDERAL CREDIT UNION ("Lender"), each to be indexed as grantor, and the COUNTY OF ALBEMARLE, VIRGINIA, a political subdivision of the Commonwealth of Virginia (the "Grantee"). WHEREAS, the Grantor is the owner in fee simple of the real property located in the County of Albemarle, Virginia (the "County") containing approximately 0.146 acre, being the same property acquired by the Grantor by Deed from Evergreen Home Builders, LLC, a Virginia limited liability company, recorded in the Clerk's Office of the Circuit Court of the County of Albemarle, Virginia, in Deed Book 5131, page 216 (the "Grantor's Property"); WHEREAS, the Grantor desires to grant, convey and dedicate a portion of the Grantor's Property containing 0.008 acre to the County in fee simple for use as a public sidewalk (the "Property"); and WHEREAS, the Grantee is willing to accept the Grantor's offer of dedication of the Property; NOW, THEREFORE, in consideration of the mutual premises, the Grantor hereby grants, conveys, gives and dedicates for public use to the Grantee, its successors and assigns, with GENERAL, WARRANTY AND ENGLISH COVENANTS OF TITLE, the following real property, to wit: ALL that piece or parcel of land, comprised of 0.008 acre, more or less, and labeled as "PARCEL X 0.008 AC DEDICATED RIGHT-OF-WAY TO COUNTY OF ALBEMARLE FOR PUBLIC USE" on that certain plat entitled "BOUNDARY LINE ADJUSTMENT RIGHT-OF-WAY DEDICATION TAX MAP 62F PARCEL 04-1 LOT 1 OF DUNLORA PARK SUBDIVISION, RIO MAG. DISTRICT, ALBEMARLE COUNTY, VA" prepared by Roudabush, Gale & Associates, Inc., dated April 6, 2020, last revised June 11, 2020, attached hereto as Exhibit A and recorded herewith. This conveyance is made expressly subject to all restrictions, conditions, rights -of -way and easements, if any, contained in duly recorded deeds, plats and other instruments constituting constructive notice in the chain of title to the property conveyed hereby, insofar as the same affect the property conveyed hereby, which have not expired by a time limitation contained therein or have not otherwise become ineffective. In consideration of the premises and the sum of One Dollar ($1.00), cash in hand paid, receipt of which is hereby acknowledged, Trustee, as authorized to act by Lender, as shown by its execution herein, does hereby RELEASE, GRANT AND CONVEY to Grantee, with Special Warranty of Title, the Property. In consideration of the premises and the sum of One Dollar ($1.00), cash in hand paid, receipt of which is hereby acknowledged, Lender, as shown by its execution herein, does hereby consent to and release the lien of its Deed of Trust on the Property. The Grantee, acting by and through its County Executive, duly authorized by resolution adopted by the Board of Supervisors of the County of Albemarle, Virginia, accepts the conveyance of this property pursuant to Virginia Code § 15.2-1803, as evidenced by the County Executive's signature hereto and the recordation of this Deed. [SIGNATURES APPEAR ON FOLLOWING PAGES] 2 WITNESS the following signatures: CIII-T.1 "" ROY LEE (SEAL) LESLIE LEE COMMONWEALTH OF VIRGINIA CITY/COUNTY OF The foregoing instrument was acknowledged before me this _ day of 2020, by Roy Lee and Leslie Lee, husband and wife, who are either personally known to me or have presented identification of a state issued driver's license.. Notary Public My Commission Expires: Registration Number: [SIGNATURES CONTINUE ON THE FOLLOWING PAGE] TRUSTEE: JOSEPH D. THOMAS, JR. (SEAL) WILLIAM COOK COMMONWEALTH OF VIRGINIA CITY/COUNTY OF The foregoing instrument was acknowledged before me this _ day of 2020, by Joseph D. Thomas, Jr. and William Cook, as Trustees, who are either personally known to me or have presented identification of a state issued driver's license. Notary Public My Commission Expires: Registration Number: [SIGNATURES CONTINUE ON THE FOLLOWING PAGE] H Lender: COMMONWEALTH OF VIRGINIA COUNTY OF FAIRFAX, to -wit: NEXTMARK FEDERAL CREDIT UNION, successor in interest to FAIRFAX COUNTY FEDERAL CREDIT UNION By: _ Name: Title: The foregoing instrument was acknowledged before me, Notary Public, this _ day of 2020, by who has presented identification of (a United States Passport, a certificate of United States citizenship, a certificate of naturalization, an unexpired foreign passport, an alien registration card with photograph, a state issued driver's license or a state issued identification card or a United States military card), and voluntarily acknowledged this instrument as of NEXTMARK FEDERAL CREDIT UNION, a Federally -chartered credit union and the successor in interest to FAIRFAX COUNTY FEDERAL CREDIT UNION. Notary Public Registration Number: (SEAL) My commission expires: GRANTEE: COUNTY OF ALBEMARLE, VIRGINIA Jeffrey B. Richardson County Executive COMMONWEALTH OF VIRGINIA CITY/COUNTY OF The foregoing instrument was acknowledged before me this _ day of 2020 by Jeffrey B. Richardson, County Executive, on behalf of the County of Albemarle, Virginia, Grantee. Notary Public My Commission Expires: Registration number: Approved as to Form: County Attorney Date 0 42820055 1 Exhibit A (Attach Plat) 7 Attn: Bill Cook Fairfax County Federal Credit Union 4201 Members Way Fairfax, VA 22030 From: Roy and Leslie Lee Mobile 301-204-9889 HLOC Loan Account Number 10611045 4001 Varick St Charlottesville, VA 22901 Dear Mr. Cook, Please have a FCFCU representative sign and notarize page 5 of the attached Deed of Dedication and Gift and return the documents back to us at our home addresss of 4001 Varick St., Charlottesville, VA 22901. Once signed by FCFCU I will move forward with the other representatives to get all signatures and have the county file these documents. Why this Deed of Dedication and Gift is needed: Our Dunlora Park community is new construction and still under developer control for the roads, sidewalks, etd. Upon county inspection before taking steps to turn the development over to the county it was noticed that the sidewalk boarding the west side of my property was placed incorrectly. The sidewalk was placed correctly outside our property boundary at the front (south west corner) of the property but the sidewalk angled to the inside property boundary at the rear of the property (north west corner). I have agreed with the developer to this deed of dedication and gift for this .008 acre. I see no need to tear up the current sidewalk, re -grade a drainage area and move underground utility lines to correct this problem. Thanks for your help and prompt response on this matter. Please call me at 301- 204-9889 if you have any questions. Roy Lee -(�7 This document was prepared by and upon recordation return to: Mary Katherine McGetrick (VSB No. 47094) Williams Mullen 200 South IOu Street Suite 1600 Richmond, VA 23219 Tax Map Parcel Number 62F-04--1 This deed is exempt from taxation under Virginia Code § 58.1-811(A)(3). DEED OF DEDICATION AND GIFT THIS DEED OF DEDICATION AND GIFT is made this _ day of 2015 2020 by and between ROY LEE AND LESLIE LEE, husband and wife (the "Grantor"), JOSEPH D. THOMAS, JR. AND BRENDA JACKSON (collectively, "Trustee"), FAIRFAX COUNTY FEDERAL CREDIT UNION, a Virginia credit union ("FCFCU"), each to be indexed as grantor, and the COUNTY OF ALBEMARLE, VIRGINIA, a political subdivision of the Commonwealth of Virginia (the "Grantee"). NEXTMARK FEDERAL CREDIT UNION, a Federally -chartered credit union and the successor in interest to FAIRFAX COUNTY FEDERAL CREDIT WITNESSETH: UNION ("Lender"), WHEREAS, the Grantor is the owner in fee simple of the real property located in the County of Albemarle, Virginia (the "County") containing approximately 0.146 acre, being the same property acquired by the Grantor by Deed from Evergreen Home Builders, LLC, a Virginia limited liability company, recorded in the Clerk's Office of the Circuit Court of the County of Albemarle, Virginia, in Deed Book 5131, page 216 (the "Grantor's Property"); WHEREAS, the Grantor desires to grant, convey and dedicate a portion of the Grantor's Property containing 0.008 acre to the County in fee simple for use as a public sidewalk (the "Property"); and WHEREAS, the Grantee is willing to accept the Grantor's offer of dedication of the Property; NOW, THEREFORE, in consideration of the mutual premises, the Grantor hereby grants, conveys, gives and dedicates for public use to the Grantee, its successors and assigns, with GENERAL WARRANTY AND ENGLISH COVENANTS OF TITLE, the following real property, to wit: ALL that piece or parcel of land, comprised of 0.008 acre, more or less, and labeled as "PARCEL X 0.008 AC DEDICATED RIGHT-OF-WAY TO COUNTY OF ALBEMARLE FOR PUBLIC USE" on that certain plat entitled "BOUNDARY LINE ADJUSTMENT RIGHT-OF-WAY DEDICATION TAX MAP 62F PARCEL 04-1 LOT 1 OF DUNLORA PARK SUBDIVISION, RIO MAG. DISTRICT, ALBEMARLE COUNTY, VA" prepared by Roudabush, Gale & Associates, Inc., dated April 6, 2020, last revised June 11, 2020, attached hereto as Exhibit A and recorded herewith. This conveyance is made expressly subject to all restrictions, conditions, rights -of -way and easements, if any, contained in duly recorded deeds, plats and other instruments constituting constructive notice in the chain of title to the property conveyed hereby, insofar as the same affect the property conveyed hereby, which have not expired by a time limitation contained therein or have not otherwise become ineffective. In consideration of the premises and the sum of One Dollar ($1.00), cash in hand paid, receipt of which is hereby acknowledged, Trustee, as authorized to act by FCFCU, as shown by Lender its execution herein, does hereby RELEASE, GRANT AND CONVEY to Grantee, with Special Warranty of Title, the Property. In consideration of the premises and the sum of One Dollar ($1.00), cash in hand paid, receipt of which is hereby acknowledged, FCFCU, as shown by its execution herein, does hereby Lender consent to and release the lien of its Deed of Trust on the Property. The Grantee, acting by and through its County Executive, duly authorized by resolution adopted by the Board of Supervisors of the County of Albemarle, Virginia, accepts the conveyance of this property pursuant to Virginia Code § 15.2-1803, as evidenced by the County Executive's signature hereto and the recordation of this Deed. [SIGNATURES APPEAR ON FOLLOWING PAGES] WITNESS the following signatures: GRANTOR: COMMONWEALTH OF VIRGINIA CITY/COUNTY OF ROY LEE (SEAL) LESLIE LEE (SEAL) The foregoing instrument was acknowledged before me this _ day of 2020, by Roy Lee and Leslie Lee, husband and wife, who are either personally known to me or have presented identification of a state issued driver's license.. Notary Public My Commission Expires: Registration Number: [SIGNATURES CONTINUE ON THE FOLLOWING PAGE] TRUSTEE: COMMONWEALTH OF VIRGINIA CITY/COUNTY OF (SEAL) JOSEPH D. THOMAS, JR BRENDAJACKSON The foregoing instrument was acknowledged before me this _ day of , 2020, by Joseph D. Thomas, Jr. and Brenda Jackson, as Trustees, who are either personally known to me or have presented identification of a state issued driver's license. Notary Public My Commission Expires: Registration Number: [SIGNATURES CONTINUE ON THE FOLLOWING PAGE] 0 Lender FCFCU: FAIRFAX COUNTY FEDERAL CREDIT UNION NEXTMARK FEDERAL CREDIT UNION, successor in interest to FAIRFAX COUNTY FEDERAL CREDIT UNION By: Name: Title: STATE OF COMMONWEALTH OF VIRGINIA OF to -wit: COUNTY OF FAIRFAX, to -wit: The foregoing instrument was acknowledged before me, Notary Public, this day of 2020, by who has presented identification of (a United States Passport, a certificate of United States citizenship, a certificate of naturalization, an unexpired foreign passport, an alien registration card with photograph, a state issued driver's license or a state issued identification card or a United States military card), and voluntarily acknowledged this instrument as of FAIRFAX COUNTY FEDERAL CREDIT UNION, a Virginia credit union. NEXTMARK FEDERAL CREDIT UNION, a Federally -chartered credit union and the successor in interest to FAIRFAX COUNTY FEDERAL CREDIT UNION Notary Public Registration Number: (SEAL) My commission expires: GRANTEE: COUNTY OF ALBEMARLE, VIRGINIA 0 COMMONWEALTH OF VIRGINIA CITY/COUNTY OF Jeffrey B. Richardson County Executive The foregoing instrument was acknowledged before me this _ day of 2020 by Jeffrey B. Richardson, County Executive, on behalf of the County of Albemarle, Virginia, Grantee. 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