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HomeMy Public PortalAbout2003_03_11_r043The Town of Leesburg, lrglma RESOLUTION NO. A RESOLUTION: PRESENTED March 11, 2003 2003-43 ADOPTED March 11, 2003 A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE A DEED OF SUBORDINATION TO FACILITATE THE EXPANSION AND RENOVATION OF THE LOUDOUN COUNTY VOLUNTEER RESCUE SQUAD'S FACILITY ON CATOCTIN CIRCLE WHEREAS, the Town conveyed the land on which the Loudoun County Volunteer Rescue Squad's facility on Catoctin Circle was constructed; and WHEREAS, the deeds provide that if the subject property ceases to be used for rescue purposes, then title to the land and improvements will revert to the Town; and WHEREAS, the Town is willing to subordinate its reversion rights to certain deeds of trust to be placed on the property in connection with the financing of the expansion and renovation of the Loudoun County Volunteer Rescue Squad's facility; and WHEREAS, the form of the attached deed of subordination is acceptable to the Town Attorney. THEREFORE, RESOLVED by the Council of the Town of Leesburg, Virginia that the Mayor is authorized to execute the attached deed of subordination. PASSED this 11th day of March 2003. ~ C. Um~'tattd, Town of Leesburg ATTEST: ~;~erk of ~{;~ncil R03: Rescue squad subordination THIS DEED OF SUBORDINA-r~ON, made and entered into this/_~ day of ~//'~,~ ., 2003, by and between the TOWN OF LEESBURG, a Virginia municipal corporation, party of the first part and LOUDOUN COUNTY RESCUE SQUAD, :[NC., a Virginia corporation, also known as the LOUDOUN COUNTY VOLUNTEER RESCUE SQUAD, :[NC., party of the second part. WITNESSETH: THAT WHEREAS, by Deeds recorded in Deed Book 536 at page 3:L2 as corrected in Deed Book 586 at page 480, Deed Book 582 at page 854 as corrected in Deed Book 586 at page 477 and Deed Book 2266 at page 1996 of the Loudoun County land records the Town of Leesburg did convey to the Loudoun County Rescue Squad, ]~nc., also known as the Loudoun County Volunteer Rescue Squad, ~[nc., the following described real property, to-wit: Parcel One: All that certain lot or parcel of land situate, lying and being in the Town of Leesburg, Loudoun County, Virginia, containing 31,196 square feet of land and more particularly described as follows: BEG:[NN]:NG 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°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°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 73000'00'. W-145.00 feet and N 19°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 145.02 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°58'40'' E-144.76 feet to the point of beginning. Containing 31,196 square feet of land. Parcel Two: All that certain tract or parcel of land situate, lying and being in the Town of Leesburg, Loudoun County, Virginia containing 27,071 square feet of land and more particularly described as follows: Beginning at a point in the centerline of Clay Road (abandoned), said point being the southeast corner of the property of the Loudoun County Rescue Squad ~[nc., as same appears duly recorded among the Land Records of Loudoun County, Virginia; thence running along the said centerline of Clay Road (abandoned) S 5°00'00.' E 240.36 feet to its intersection with the original south boundary line of the former property of Loudoun Properties, ]~nc., as same appears on a plat for dedication of Clay Road, dated .lune 19, 1956 and duly recorded among the aforementioned Land Records; thence running along a portion of said south boundary line S 67° 37' 30" W - 82.69 feet to a point in the original south line of Parcel G, as same appears on the aforementioned Plat of Dedication of Clay Road; thence departing from said original south line and running through Parcel G, N 19° 59' 40" W - 243.19 feet to the original southwest corner of the aforementioned property of the Loudoun County Rescue Squad, :[nc.; thence running along the south line of the said property of the Loudoun County Rescue Squad, l~nc. N 73° 00' 00" E - 145.00 feet to the point of beginning. Containing 27,071 square feet or 0.62192 acres of land. Parcel 3: All of that certain 5.34-foot strip of land designated on the Boundary Line Adjustment Plat of the Loudoun County, Volunteer Rescue Squad and the Town of Leesburg, Lying and being in the Town of Leesburg, Loudoun County, Virginia, and more particularly described as follows: the 5.34-foot strip of land between the S 19 degrees 59' 40" E-239.47 feet of the Western Side Lot Line of Parcel G-1 and the S 19 degrees 59' 40" E-239.86 feet of the Eastern Side Lot Line of Parcel F-l, as shown on the Boundary Line Adjustment Plat of the Loudoun County Volunteer Rescue Squad and the Town of Leesburg recorded in Deed Book 2266, Page 1996. -2- WHEREAS, by such Deeds the Town did convey said property upon the condition that if and when the Loudoun County Rescue Squad, Inc., also known as the Loudoun County Volunteer 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, o WHEREAS, the Town of Leesburg is willing to subordinate said reversion clause to certain Deeds 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 aforesaid deeds be, and the same hereby are, subordinated to the lien of any first Deed of Trust securing a promissory note for a term not to exceed forty (40) years and any Deed of Trust of whatever status or priority securing a promissory note to the County of Loudoun and placed upon the property by Loudoun County Volunteer Rescue Squad, Inc., also known as the Loudoun County Rescue Squad, Inc., the party of the second part. In all other respects, the said Deeds shall remain in full force and effect. -:3- W~'I'NESS the following signature and seal. The Town of Leesburg By: Kri~{en ~. Umst~ttd, M~'yor (SEAL) -4- STATE OF V:[RGTNTA COUNTY OF LOUDOUN, to-wit: County aforesaid, do hereby certify that . .~,~,~ ~ signed to the above writing, bearing date of the I~ day of 2003, has personally appeared before me in my County aforesaid and acknowledged the same. Given under my hand this/~ day of/Y/,~-J, ., 2003 My commission expiresi , a Notary Public in and for the State and , whose name is Notary Public -5-