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.
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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.
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W~'I'NESS the following signature and seal.
The Town of Leesburg
By:
Kri~{en ~. Umst~ttd, M~'yor
(SEAL)
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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
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