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Home My WebLink AboutSUB200800331 Agreements 2012-12-28 • • €• • This document was prepared by: Albemarle County Attorney County of Albemarle 401 McIntire Road Charlottesville,Virginia 22902 Tax Map and Parcel Numbers 056A1-01-00-05400, 056A1-01-00-054A0, and 056A1-01-00-05500 This deed is exempt from taxation under Virginia Code § 58.1-811(A)(3) and from the Circuit Court Clerk's fees under Virginia Code§ 17.1-266. DEED OF DEDICATION THIS DEED OF DEDICATION is made this 2e" day of Tx st3t)2 , 201 z by and between THE BLUE GOOSE, L.C., a Virginia limited liability company (hereinafter "Grantor"), and the COUNTY OF ALBEMARLE, VIRGINIA, a political subdivision of the Commonwealth of Virginia(hereinafter"Grantee"). WITNESSETH: WHEREAS, the Grantor is the owner in fee simple of the real property located in Albemarle County that is described below and hereinafter referred to as the "Property;" WHEREAS, the Grantor offers to grant, convey and dedicate the Property to the County in fee simple for public use,namely, a public right-of-way and other public purposes; and WHEREAS,the Grantee is willing to accept the Grantor's offer of dedication. NOW, THEREFORE, in consideration of the mutual promises, the Grantors hereby grant, convey, and dedicate for public use to the Grantee, its successors and assigns, with GENERAL WARRANTY and English Covenants of Title,the following real property, to wit: PARCEL "L" All that certain parcel or tract of land situated in Albemarle County, Virginia, identified as "Parcel 'L"' and containing 0.032 acres, more or less, as shown on a plat by Thomas B. Lincoln Land Surveyor, Inc., titled "Subdivision Plat Showing Parcel 'L,' Being a Portion of Tax Map 56A1 Parcel 1-55 Hereby Dedicated to Public Use, Located on Crozet Avenue, White Hall District, Albemarle County, Virginia," a copy of which is attached hereto and to be recorded with this deed (the "Plat"). Reference is made to the plat for a more particular description of the location of the described lands. 1 This Parcel is a portion of Albemarle County Tax Map Parcel 056A1-01-00-05500, containing 0.278 acres, more or less, as more particularly described on plat of A.R. Sweet, dated April 14, 1950, and recorded in the Clerk's Office of the Circuit Court of Albemarle County, Virginia in Deed Book 289, page 556. PARCEL "M" All that certain parcel or tract of land situated in Albemarle County, Virginia, identified as "Parcel 'M"' and containing 0.013 acres, more or less, as shown on a plat by Thomas B. Lincoln Land Surveyor, Inc., titled "Subdivision Plat Showing Parcel 'M,' Being a Portion of Tax Map 56A1 Parcel 1-54 Hereby Dedicated to Public Use, Located on Crozet Avenue, White Hall District, Albemarle County, Virginia," a copy of which is attached hereto and to be recorded with this deed (the "Plat"). Reference is made to the plat for a more particular description of the location of the described lands. This Parcel is a portion of Albemarle County Tax Map Parcel 056A1-01-00-05400, containing 0.268 acres, more or less, being shown on plat of Hugh E. Simms, S.A.C., dated May, 1926, and recorded in the Clerk's Office of the Circuit Court of Albemarle County,Virginia in Deed Book 194,page 52. PARCEL "N-1" All that certain parcel or tract of land situated in Albemarle County, Virginia, identified as "Parcel 'N-1' and containing 0.014 acres, more or less, as shown on a plat by Lincoln Surveying, titled "Subdivision Plat Showing Parcels 'N-1' and 'N-2,' Being a Portion of Tax Map 56A1 Parcel 1-54A Hereby Dedicated to Public Use, Located on Crozet Avenue, White Hall District, Albemarle County, Virginia," a copy of which is attached hereto and to be recorded with this deed (the "Plat"). Reference is made to the plat for a more particular description of the location of the described lands. This Parcel is a portion of Albemarle County Tax Map Parcel 056A1-01-00-054A0, containing 0.203 acres, more or less, being shown on plat of Hugh E. Simms, S.A.C., dated May, 1926, and recorded in the Clerk's Office of the Circuit Court of Albemarle County,Virginia in Deed Book 194,page 52. PARCEL "N-2" All that certain parcel or tract of land situated in Albemarle County, Virginia, identified as "Parcel 'N-2'" and containing 0.015 acres, more or less, as shown on a plat by Lincoln Surveying, titled "Subdivision Plat Showing Parcels 'N-1 and 'N-2,- Being a Portion of Tax Map 56A1 Parcel 1-54A Hereby Dedicated to Public Use, Located on Crozet Avenue, White Hall District, Albemarle County, Virginia," a copy of which is attached hereto and to be recorded with this deed (the "Plat"). Reference is made to the plat for a more particular description of the location of the described lands. 2 This Parcel is a portion of Albemarle County Tax Map Parcel 056A1-01-00-054A0, containing 0.23 acres, more or less, being shown on plat of Hugh E. Simms, S.A.C., dated May, 1926, and recorded in the Clerk's Office of the Circuit Court of Albemarle County,Virginia in Deed Book 194,page 52. The Grantor also grants and conveys to the Grantee the temporary construction easements shown on the aforesaid plats as "New Temporary Construction Easement," for use by the Grantee's contractor during construction of the improvements. These temporary construction easements shall expire upon completion of construction. The improvements constructed within the Parcels"L", "M", "N-1," and "N-2", respectively, shall be the property of the Grantee. Consent of trustee and beneficiary to subordinate lien. By deed of trust dated January 6, 2009, of record in the Clerk's Office of the Circuit Court of Albemarle, Virginia in Deed Book 3677, page 400, the Grantor conveyed the subject Property to BB&T-VA Collateral Service Corporation, Trustee, to secure an outstanding obligation owed to Branch Banking and Trust Company, Beneficiary. Pursuant to the authorization of the Beneficiary, as evidenced by its signature hereto, the Trustee joins in this deed to subordinate the lien of such deed of trust to the easement conveyed hereby. This conveyance is made subject to all easements, reservations, restrictions and conditions, if any, contained in duly recorded deeds, plats and other instruments constituting constructive notice in the chain of title to the above-described property which have not expired by a time limitation contained therein or have otherwise not become ineffective. 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. 3 GRANTOR: THE BLUE GOOSE,L.C. By: Sanfor P. Wilcox,Managing Member COMMONWEALTH OF VIRGINIA CITY/COIN-TY OF C aill -1- Sv ( (.� The foregoing instrument was acknowledged before me this 28'h day of , 2012- by Sanford P. Wilcox, Managing Member, on behalf of The Blue Goose, L.C., Grantor. ) Yip at 0,e,,i),) Notai y Public My Commission Expires: 31 - 15 Registration No. j CocirJ I MARGIE K COLLINS NOTARY PUBLIC REGISTRATION#100901 COMMONWEALTH OF VIRGINIA MYf yIN,V SIFEXPIRES 4 BENEFICIARY: BRANCH BANKING AND TRUST COMPANY By: j c Lit fial--..:e./- COMMONWEALTHA��RG� INIA CITY/COUNTY OF : The foregoing instrument was acknowledged before me this day of . 2013 by jeviiettfillpin6 , ,5r1 p-V icePRe'1 on behalf of Branch anking rust Company, Beneficiary. Nota 1. My Commission Expires: 30 �0' Registration No. ` 086 ,j 5 TRUSTEE: BB&T-VA COLLATERAL SERVICE CORPORATION, TRUSTEE c By: L COMMONWEALTH IRGINIA CITY/COUNTY OF .,-€i • The foregoing instrument was ackrio ledged before me this day of ;14201 by (�� a MU , /ce P2°siti on behalf of B&T-VA ollateral Service Corporation. Trustee. No 7 lic My Commission Expires: _ 301�0 l� Registration No. (NS6 ,� 31:x ,' . 6 GRANTEE: COUNTY OF ALBEMARLE,VIRGINIA BY: \JkvwtO C Thomas C. Foley County Executive COMMONWEALTH OF VIRGINIA CITY OF CHARLOTTESVILLE: The foregoing instrument was acknowledged before me this day of Fe-hi-LA o r , 201 3 by Thomas C. Foley, County Executive, on behalf of the County of Albemarle,Virginia, Grantee. ,�y. 7 �„uunnrinrain_Lii vyt4_ , E.,. Notary Public .. •• • . f, My Commission Expires:P / as I3 O r:OT.R)' •,N Registration No. ,/ 2S 9 9 PUBL\G Approved as to foiui: '�.,�'"6L;' : ' - � �' Co Attuey 7