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HomeMy WebLinkAbout02-14 Tax Verification6 4 SPECIAL C0MM18k0NER'S'DEkb' THIS SPECIAL COMMISSIONER'S DEED is made, this 8th day of August, 2012, by and between JAMES A. DROWN, ESQUIRE, SUBSITUTE SPECIAL COMMISSIONER. (hereinafter referred to as Substitute Special —Commissi'diier" or "Grantor", index as GRANTOR) appointed for the purpose of selling the real estate of Russell 150 LC (index as GRANTOR), and .R 150 -SPE,'!1C a Virginia liniiied- liability company, its successors and/or assigns {Hereinafter "Grantee' ;:index as GRANTEE). WITNESSETH WHEREAS, by Orders entered by the Circuit Court--ofthe Coun ty of Frederick, Virginia on May 3, 201 l. and on February 4, 2012 in the consolidated, matter of Greenwgy Engineering, 'Inc. v.' Russell 1,50, LC, et al'., CL Nos. 08-592 and 09-278, James' A. ;Drown, Esquire was appointed Substitute' Special, Commissioner for the purpose of- selling the hereinafter described real estate of Russell 150, LC;; and, WHEREAS, by Consent Order ,entered by the Circuit Court of the County of'Frederick, Virginia on June 15, 2012 in the matter of 'GreenwLay Engineering, Inc. v. Russell 1,50 LCet al.,,, C-L, Nos. 08-5:92 and 09-278, the Substitut& Special Commissioner was authorized to sell the hereinafter described, real estate, of Russell 1501, LC, pursuant to the terms, of,that Order; and, Document prepared by, Thomas .,Moore ':Lawson, Esquire P. O.,,Boi 2740 Winchester, VA'22604 TaN.Map,No§-., Q-�A-,1501,-.64-A-101, 64-A-12 Consideration: $104000.60 (Assessedlvalue4i6t used as actual value pursuant to Virginia Attorney General Opinion No. dated July 3, 1991 (199] 'Va. Op. Att. Gen. 290)). Return to: Thomas Moore Lawson, Esquire P. O. Box 2740 Winchester, VA 22604 Grantees' Address: R 150 SPE, LLC 621 E. Pratt Street, Suite 600 Ballithore, MD 21202 C:) X_ WHEREAS, by Order entered by the Court on June 8; 2011, the requirement that the Substitute Special Commissioner 1 p ost bond pursuant to §8.0:1 -99, Code of Virginia, 1950 as amended, was dispensed with; and; WHEREAS, the Substitute ;Special Commissioner thereafter advertised, the said real estate for' sale at. public, auction for cash on- the ,steps ,of the Frederick County/Winchester Joint. Judicial` Center on July 24, 20f 2 at 10:00 a;m. in, accordance with the aforesaid Orders, at; which sale the real estate was sold, subjectlo the approval 'of 'the Court, to R -150 SPE, LLC for the sum of One Hundred Thousand``Dollars and 00 /100 ($100;000:00) cash, R 150 SPE, LLC's bid being the - highest and last bid therefore, whereupon R 150 SPE, LLC made a bidder's deposit of One Hundred Thousand Dollars and 007100 ($100,000.00) with the Substitute Special Commissioner; and, WHEREAS; by decree entered by the Court on August 8'h, 2012, recorded in the Frederick County Circuit Court land records as instrument No. 120008377 and. in the Frederick . County Circuit Court Clerk's Order Book 44 at, Page 0329 -0334, the offer of `R 150 SPE, LLC was accepted, approved, ratified and confirmed „,and the. Substitute Special Commissioner was ordered, upon receipt ,of the .purchase price, to convey-the real estate by-good and sufficient deed 'with Special Warranty of Title to R 150 SPE, LLC, or to such person or persons as it may in. writing,'direct; and, WHEREAS, the said R 150 SPE, LLC has paid the purchase price in the amount of One Hundred Thousand Dollars and 00 /100 ($100,000.00) in full to the Substitute Special Commissioner; and, 2. PC 1 7* 0 w WHEREAS, the ent ity,on whose behalf thisconveyancejsmade is RUSSELL 1'50, LC, a Virginia limited liability company, as by statute provided. NOW,' THEREFORE; or and in consideration of the sum of Ten, and 001100 Dollars 'cash iii hand paid., the; receipt and sufficiency of which is hereby acknowledged, r Grantor does ,hereby grant bargain, sell and convey "with SPECIAL WARRANTY OF TITLE ,� 1 ­1 . y . 5 unto Grantee, all that certain, tract or parcel of land containing 150.35 acres, and more particularly described below, -to-wit: TRACT 1: All that certain tract or parcel of land, lying and being situate in Shawnee Magisterial District, Frederick County, Virginia, containing 29.657 acres as shown on the -plat of survey drawn by. Michael M. Artz L.S:, dated February, 13, 3, 1 O9 8, of record in ih'e, Clerk's Office of the Circuit Court of Frederick County, Virginia in Deed Book 900, at Page 115, et seq., and by this reference made a part"hereof as if . set Oiit.in full; AND BEING the same> conveyed to Russell 150, LC by Deed dated December 29, 2004, of re&ord, , "in `tt e `aforementioned Clerk's Office as Instrument No. 040026622. Tax, Map No. 64-A-1 '0 TRA'CT2: All ;that certain tract of parcel of land, lying and being situate in Shawnee Magistdr-ial District, Frederick County, Virginia, containing 0.309 acres as shown, on the plat of survey drawn by Michael M. Artz;.L..S., dated February 13, 1998; of recbrd'in th&CIerk's Office ofthe?Qirtuit Court of Frederick County, Virginia in Deed Book 900, at- Page 115, et seq., and by this reference made a part hereof as if set out in ftill. AND BEING the same conveyed to Russell 150, LC by Deed dated December- 29, 2004, of record in the. aforementioned Clerk's Office as Instrument No ;- 040026622. Tax, Map N6.,63-A- 1'50 TRACT 1- , All that :certain tract or parcel of land, lying, And being situate in Shawnee Magisterial District, Frederick County, Virginia, containing 120.384 3 E acres as shown on the plat -of survey drawn by Michael M Ariz, LS. dated February. 13, 1'998, of record in the Clerk s Offce of the Clrcult Court of Frederick County,; Virginia "in D&ed Book 90Q at' Page 1;1'5,. et -seq., and by this refe "tencemade a part.- }iereoFas fset;o "ut in full: AND B_ SING thelsame,conv_eyed to Russell 150, LC by -heed datedtDe6embeG'29 ; 2004;, of record in ihe, :aforementibne& Clerks' Office as "Instrument No: 04 10026622: Tax.Map No: 64 A 12' This, conveyance i"s made 'expressly, subject' to (a), the restrictions, conditions, nghts -of. way, and7 easements;'i.f any;; contained in the;instruments'.constituting the chain offitle: to, the property conveyed' herein {6)'the- ,liens;set,forth in the Orders dated June 15,x201 -R and August 8, 2012 referenced.above;yand (c) to "matters vis>,ble upon3trispec6pli; ' WITNESS, the+following¢signature and'seal: GRANTOR: O L" W J _ IA ' 1S A,JDROWN, ESQUIRE; Sur ttute Special Commissioner COMMONWEALTH OF VIRyG. MA CITXICOFFY OF The:fore oing instrument was acknowledged before,me tiiis 76, day of August; 2012, byJAMES:A. DROWN; ESQUfRE, Substitute Special Commissioner. Notary, Public " My commission'expires`; � ', . 0 l�l MARY E ROBY Registration,Number: NOTARY. RUSUCG Comrrionwealtti oWirginia Reg1#23481t1 VIRGINIA FREDERICK COUNTY SCr. This instnunentof wridng.was produced fo mr,om and with,certtficate of 4cknowi8dgement thereto nnezcu was admitted tureoord..Tax�imptised hySec.iR:1= A02.ot Q00 S 58.1'80Lhave',bempaid, if assessable ,Clerk O L" W J