HomeMy Public PortalAbout2012_03_27_R034 Deed of Dedication of ROW from 158 Catoctin Circle CorpThe Town of
Leesburg,
Virginia
RESOLUTION NO. 2012 -034
PRESENTED March 27, 2012
ADOPTED March 27, 2012
A RESOLUTION: ACCEPTING THE DEDICATION OF RIGHT OF WAY FROM 158
CATOCTIN CIRCLE CORPORATION
WHEREAS, in reviewing 158 Catoctin Circle Corporation's ( "Owner ") special exception
and site plan applications for the Loudoun Funeral Chapel, staff determined that a portion of Town
sidewalk (right of way) along the Catoctin Circle frontage of the Loudoun Funeral Chapel was
located on the Owner's property; and
WHEREAS, staff determined that this discrepancy occurred because an insufficient amount
of right of way was dedicated by the Owner as part of the Catoctin Circle Widening project, a
Capital Improvement Project which occurred in 2001; and
WHEREAS, the Owner has agreed to rectify the situation by dedicating additional right of
way at no cost to the Town; and
WHEREAS, the Owner has prepared a Deed of Dedication dedicating the additional right of
way to the Town and plats depicting the dedication area for the Town's review and approval.
THEREFORE, RESOLVED, by the Council of the Town of Leesburg in Virginia as follows
that the Mayor or her designee is authorized to execute the documents for dedicating the required
right of way upon their approval by the Town Attorney.
PASSED the 27th day of March, 2012.
Kristen C. kJmstadd, Mayor
Town of Leesburg
AT�S -f
Y'Aff
Clerk of C c'l
P:\Resolutions\2012 \0327 Accepting ROW from 158 Corporation.doc
DEED OF DEDICATION
THIS DEED dated as of the _day of March, 2012, by and between 158 CATOCTIN CIRCLE
CORPORATION, a Virginia corporation (hereinafter referred to as "Owner "), Ralph W. HULTIN,
Trustee and Jeffrey H. CULVER, Trustee, either of whom may act (hereinafter collectively referred to
as the "Trustee ") and MIDDLEBURG BANK, (hereinafter referred to as the "Lender ") and the TOWN
OF LEESBURG, VIRGINIA, a body corporate and politic (hereinafter referred to as the "Town').
WITNESSETH:
WHEREAS, the Owner is the owner and proprietor of certain real property (the "Property ") as
shown on plat number C- 661 /29, dated December 22, 2011, and revised through February 6, 2012,
entitled "Dedication Plat, Lots 1, 2, and 3 (Consolidated) Parker Subdivisions, Land of 158 CATOCTIN
CIRCLE CORP." and prepared by Horton and Taylor, Inc. of Leesburg, Virginia, certified land
surveyors (the "Plat ") which Plat is attached hereto; and
WHEREAS, the Property is situate in the Town of Leesburg, Loudoun County, Virginia, Owner
having acquired the Property by deed recorded in Deed Book 899 at Page 733, among the land records
of Loudoun County, Virginia; and
WHEREAS, it is the desire and intent of Owner to dedicate, grant, and convey for public use, the
street and thoroughfare in accordance with this Deed and the Plat; and
WHEREAS, Owner previously dedicated, granted and conveyed for public use a portion of the
Property in Deed Book 1870 at Page 1735; and
WHEREAS, the Property is subject to a lien of a certain Construction Deed of Trust from 158
Catoctin Circle Corporation ( "Deed of Trust ") to Ralph W. Hultin, Trustee and Jeffrey H. Culver,
Trustee, to secure Middleburg Bank in the amount of $1,200,000.00 dated April 4, 2011 and recorded as
Instrument Number 20110405- 0021702.
STREET DEDICATION
NOW THEREFORE, in consideration of the premises and the sum of One Dollar ($1.00), cash
in hand paid, the receipt of which is hereby acknowledged, Owner does hereby quitclaim and release
unto the Town all of Owner's right, title and interest, if any, in that portion of the existing public road
as depicted on the Plat which is expressly incorporated herein and made a part of this Deed.
TRUST MODIFICATION
THIS DEED FURTHER WITNESSETH that in consideration of the premises and the sum of
One Dollar ($1.00), cash in hand paid, receipt of which is hereby acknowledged, the Trustee, as
authorized to act without the joinder of their secured party do hereby release and discharge from the
lien of the Deed of Trust those portions of the Property dedicated for public use.
TO HAVE AND TO HOLD SAID released property unto Owner, its successors and assigns, fully
released and discharged from the liens and operations of the Deed of Trust.
It is expressly understood that the release of the portion of the Property from the lien of the Deed
of Trust shall not affect in any way the lien of the Deed of Trust upon the other land conveyed thereby and
not released hereby, and the Deed of Trust shall remain in full force and effect as to the land conveyed
thereby and not released hereby.
MISCELLANEOUS
Headings used in this Deed are for convenience purposes only and are not intended to affect the
express terms herein set forth.
This Deed is made in accordance with the statutes made and provided in such cases; with the
approval of the proper authorities of the Town of Leesburg, Virginia, as shown by the signatures affixed
2
to the flat, and is with the free consent and in accordance with the desire of Owner, the owner and
proprietor of the land depicted on the Plat.
IN WITNESS WHEREOF, the parties hereto have caused this Deed to be executed, under seal.
158 CATOCTM CIRCLE CORPORATION
By .� > ` Seal)
Shirley P onough
President
COMMONWEALTH OF VI GINIA,
CITY /COUNTY OF �>_ , to wit:
The foregoing instrument was acknowledged before me, the undersigned Notary Public, in my
jurisdiction aforesaid, this day of January, 2012, by Shirley P. McDonough on behalf of 158
Catoctin Circle Corporation. 3- 7
Notary ubli
6apge1 M Beckman
Cornmonwilplth of vlrginia
Notary Pubiic
Commission No. 300143
My Commission Expires 0613012013
My commission expires: 6 ".3T /J
My Notary ID is: 30-q Al
The Foregoing Dedication Is Hereby Accepted Pursuant To
Virginia Code Section 15.2-1803
APPROVED AS TO LEGAL FORM: TOWN COUNCIL OF LEESBURG, VIRGINIA
1 4
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( SE
AL)
Town Attorney Na2
Title:—MA'qtA.
COMMONWEALTH. OF VIRGIN, IA.
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CITY/COUNTY OF _ - I, I , to wit:
1, the undersigned Notary Public, in and for the jurisdiction aforesaid, do hereby certify that
tit -"f Dt'k' i,' C, on behalf ofthe Town
k'r � I moul'!J0 -e "z- �
Council of Leesburg, Virginia, whose namer"Is signed to the foregoing Ileed offiedication, appeared before me
and personally acknowledged the same in my jurisdiction aforesaid.
' I fk,
al this )A' day od)�khd
Christie Carson Mier 201 el,
Commonwealth of Virginia
Notary Public
Commission Na. 344983
My C�ommissiori Fxpims 8+3112414
Notary Public
My commission expires: V
My Notary ID is: ? 3
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T STEE:
(SEAL)
Ralph W. Hultin, TRUSTEE
STATEXOMMONWEAL`)wH OF
CITY /COUNTY OF �rn",� , ss:
c A012,
The foregoing instrument was acknowledged before me this the _ day of January, �@', by
Ralph W. Hultin as Senior Vice President of Middleburg Bank and as Trustee. '
1
My commission expires: .5--,3 /-
My Notary ID is: /57c2 (o 3 4
Carolyn S Pearson
Commonwealth of mrginle
Notary Public
Commission No. 152634
My Commission Expires OW1!2015
TRUSTEE:
\/W'A� (SEAL)
Jeffrey ver, TRUSTEE
STATE /COMMONWEA12H OF
CITY /COUNTY OF �,y�� 1, �1 , ss:
The foregoing instrument was acknowledged before me this the day of January, 20-W, by
Jeffrey H. Culver as Executive Vice President and Chief Operating Officer of Middleburg Bank and as
Trustee.
Notary Public
Carolyn S Pearson
My commission expires: Commonwealth
of Virginia
Notary Public
My Notary ID is: % �c� (p �-�- -10 , nr„ -,. Commission oms O 334
�, My Commission Expires D5I3112015
Deed Prepared by: Forrest E. White, P.C.
4 Loudoun Street SE
Leesburg, VA 20175
Phone: (703) 737.3770
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