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HomeMy Public PortalAbout1988_09_27_R179Leesl~ur~ in ~Virffinia RESOLUTION NO. 88-179 PRESENTED September 27, 1988 ADOPTED September 27, 1988 A RESOLUTION: APPROVING DEED OF SUBORDINATION FOR PROPERTY OWNED BY LOUDOUN COUNTY RESCUE SQUAD WHEREAS, on September 13, 1988, the Loudoun County Rescue Squad requested that the town amend the deed to its property to improve the squad's ability to borrow funds to meet future needs; and WHEREAS, the attached deed of subordination has been prepared by the Deputy Town Attorney to subordinate the reversionary interest of the town to any future first Deed of Trust placed on the property; and WHEREAS, the proposed deed of subordination will accommodate the collateral requirements of lending institutions for future financing. THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: Mayor is authorized to execute the attached deed of subordination by and between the Loudoun County Rescue Squad, Incorporated and Town of Leesburg. PASSED this 27th day of September , 1988. ATTEST: deed ~ Robert E ~ev~la, M~or Town of Leesburg THIS this 27th day Leesburg, a part and DEED OF SUBORDINATION, made and entered into of September , 1988, by and between the Town of Virginia municipal corporation, party of the first Loudoun County Rescue Squad, Inc., a Virginia corporation, party of the second part. WITNESSETH: THAT WHEREAS, by Deed of Correction dated 1 November 1973 recorded in the Clerk's Office of the Circuit Court of Loudoun County, Virginia in Deed Book 586, at Page 480, the Town of Leesburg did convey to the Loudoun County Rescue Squad, Inc. the following described real property, to-wit: "BEGINNING at the intersection of the south right- of-way line of South Catoctin Circle and the original center line of Clay Road (abandoned); thence departing from the said south right-of-way line of South Catoctin Circle and running along the original center line of Clay Road (abandoned) on the following courses and distances: S 25 degrees 00'00" E-106.42 feet to a P.C. 106.47 feet on the arc of a curve to the right, which curve has a radius of 305.00 feet and the chord of which arc bears S 15 degrees 00'00" E-105.93 feet to a point; thence departing from the original center line of Clay Road (abandoned) and running through the property of the Town of Leesburg S 73 degrees 00'00" W-145.00 feet and N 19 degrees 59' 40" W-206.42 feet to a point in the aforementioned south right-of-way line of South Catoctin Circle; thence running along the said south right-of'way line of South Catoctin Circle 105.02 feet on the arc of a curve to the left, which curve has a radius of 695.00 feet and the chord of which arc bears N 70 degreet 58'40" E-144.76 feet to the point of beginning. Containing 31,196 square feet of land. Subject, however, to a 30 foot sanitary sewer easement running along the east line of the above described tract and any other easements, rights- of-way or restrictions of record." WHEREAS, by such Deed of Correction the Town did convey said property upon the condition that if and when the Loudoun County Rescue Squad, Inc. should ever cease to use the land herein conveyed to store or house equipment used for purposes of aiding or rescuing the sick, injured or persons in. positions of danger or peril or if the corporate charter of Grantee is dissolved, then title to the above described land shall revert to the Town of Leesburg together with all improvements thereon. WHEREAS, the Town of Leesburg is willing to subordinate said reversion clause, to a first Deed of Trust to be placed on said property in the future. NOW THEREFORE, in consideration of the premises and the sum of Ten Dollars ($10.00) cash in hand paid by the party of the second part to the party of the first part, the Town of Leesburg, party of the first part, does hereby agree that the reversion clause contained in the Deed recorded in Deed Book 586, at Page 480, which states "This conveyance is made upon the condition that if and when Grantee should ever cease to use the land herein conveyed to store or house equipment used for purposes of aiding or rescuing the sick, injured or persons in positions of danger or peril or if the corporate charter of Grantee is dissolved, then shall revert to Grantor, thereon " be and the tit.le to the above described land together with all improvements same hereby is, subordinated to the lien of any first Deed of Trust securing a promissory note for a term not to exceed forty (40) years and placed upon the property by Loudoun County Rescue Squad, Inc., the party of the second part. In all other respects, the said Deed of Correction shall remain in full force and effect. WITNESS the following signature and seal. The/~wn of Leesburg By: ~~ (SEAL) STATE OF VIRGINIA 'COUNTY OF LOUDOUN, To-Wit: the State and C/County aforesaid, do hereby certify that ~.~ ~f. ~,'/~._ , whose name is signed to. the above writing, bearing date of the day of , 1988, has personally appeared before me in my County aforesaid and acknowledge the same. Given under my hand this~/L day of~/~J~ , 1988. My commission .expires: /~-/K-~ /~otary Public