resolution - City of Chesapeake

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Chesapeake
City of Chesapeake
Office of the City Attorney
306 Cedar Road
Chesapeake Virginia 23322
757 3826586
Fax 757 3828749
September 17 2014
TO
Mayor Krasnoff Vice Mayor de Triquet and Members of the City Council
Re
RESOLUTION AUTHORIZING THE CITY MANAGER AND CITY
CLERK TO EXECUTE A DEED OF SPECIAL WARRANTY TO
CONVEY TO DOMINION ROAD OUTPARCEL LLC A CERTAIN
PIECE OR PARCEL OF LAND CONTAINING APPROXIMATELY 0
3536
ACRE MORE OR LESS LOCATED IN THE DEEP CREEK BOROUGH
OF THE CITY OF CHESAPEAKE VIRGINIA KNOWN AS A PORTION
OF TAX PARCEL 0460000001010
Please find enclosed a proposed resolution authorizing the City Manager and City Clerk
to execute a Deed of Special Warranty to convey to Dominion Road Outparcel LLC
3536 acre more or less Property
approximately 0
located in the Deep Creek Borough
known as a portion of Tax Parcel 0460000001010
The Property is a portion of a parcel of land acquired by the City for the Dominion
Boulevard Improvement Project The Property is surplus and has no use to the City The
conveyance to Dominion Road Outparcel LLC will facilitate a settlement agreement with the
adjacent landowner
Dominion Road Outparcel LLC has agreed to be responsible to provide a surveyed plat
needed for the resubdivision andor lot line vacation and be responsible for all legal survey
appraisal and other expenses
Virginia law requires a duly advertised public hearing prior to the conveyance of real
property The public hearing is scheduled for September 23 2014
The City of Chesapeake adheres to the principles of equal employment opportunity
This policy extends to all programs and services supported by the City
Please advise if you have any questions in this regard
truly
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Caery
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L Proctor
City Attorney
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JLP
Enclosure
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James E Baker City Manager
Amar Dwarkanath Deputy City Manager
Anna M D
Antonio Assistant to the City Manager
Dolores Moore City Clerk
Eric J Martin Director Public Works Department
2
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RESOLUTION AUTHORIZING THE CITY MANAGER AND CITY CLERK TO
EXECUTE A DEED OF SPECIAL WARRANTY TO CONVEY TO DOMINION
ROAD OUTPARCEL LLC A CERTAIN PIECE OR PARCEL OF LAND
CONTAINING APPROXIMATELY 0
3536 ACRE MORE OR LESS LOCATED IN
THE DEEP CREEK BOROUGH OF THE CITY OF CHESAPEAKE VIRGINIA
KNOWN AS A PORTION OF TAX PARCEL 0460000001010
WHEREAS the City of Chesapeake City
owns certain property consisting of
approximately 0
3536 acre located at the intersection of Cedar Road and Dominion
Boulevard said property being identified on Chesapeake Tax Maps as Tax Map Parcel
0460000000010 the
Property
and
WHEREAS the City acquired the Property as a residue of an acquisition for the
Dominion Boulevard Improvement Project and has in accordance with state law notified
the former owner of the City
s intent to convey the Property and given the former property
owner the first righttopurchase the Property and
WHEREAS the former owner did not indicate a desire to purchase the property and
WHEREAS the Property is surplus and the City may convey the Property upon
approval by the City Council and
WHEREAS after a duly advertised public hearing the City Council finds that
conveyance of the Property to the adjacent landowner Dominion Road Outparcel LLC is
in the best interest of the public good
NOW THEREFORE BE IT RESOLVED by the Council of the City of Chesapeake
Virginia that the City Manager and City Clerk are hereby authorized to execute a deed of
special warranty for the Property to Dominion Road Outparcel LLC a Virginia limited
liability company for the sum of Ten 10
00 Dollars In addition Dominion Road
City Attorney
s Office
City of Chesapeake
Municipal Center
306 Cedar Road
Chesapeake Virginia
23322
757 3826586
Fax 757 382 8749
Outparcel LLC will be responsible to provide a surveyed plat needed for the resubdivision
andor lot line vacation and for all legal survey appraisal and other expenses A copy of
the proposed special warranty deed is attached hereto as Exhibit A
ADOPTED
by
the Council of the
City
of
Chesapeake Virginia
2014
APPROVED
Mayor
ATTEST
Clerk of the Council
City Attorney
s Office
City of Chesapeake
Municipal Center
306 Cedar Road
Chesapeake Virginia
23322
6586
757 382
Fax 757 382 8749
2
this
day of
The City of Chesapeake is exempt from recordation taxes pursuant to Sections 58
1811
3
A
and 58
1811
4 of the 1950 Code of Virginia as amended
C
Prepared by and return to City Attorney City of Chesapeake Virginia 306 Cedar Road
Chesapeake Virginia 23322
Clerk of Court Box
152
Consideration 10
00
Tax I
D
Portion of 0460000001010
The existence of title insurance is unknown to the preparer
THIS DEED OF BARGAIN AND SALE Made this
day of
August 2014 by and between the CITY OF CHESAPEAKE VIRGINIA a municipal
corporation Grantor and DOMINION ROAD OUTPARCEL LLC a Virginia limited
liability company Grantee whose address is 1001 N Front Street Ste 240 Wormleyburg
Pennsylvania 17043
WITNESSETH That for and in consideration of the sum of Ten 10
00 Dollars
cash in hand paid and other good and valuable consideration the receipt of which is hereby
acknowledged the Grantor hereby grants and conveys with Special Warranty unto the
Grantee the following described property towit
All that certain lot piece or parcel of land lying being and
situate in the Deep Creek Borough of the City of Chesapeake
Virginia containing 15
404 square feet or 0
3536 acre more
or less designated as UNECONOMIC REMNANT on a
certain plat entitled PROJECT PARCEL 037 PLAT SHOWING
PROPOSED TOTAL ACQUISITION FOR THE CITY OF
CHESAPEAKE TAX PARCEL 0460000001010 OWNED BY SYDNEY
PROPERTIES LC SHIRLEY R ALEXANDER SUCCESSOR DEATH
TRUSTEE UNDER THE PEARL PARKER RUSSELL IRREVOCABLE
TRUST FOR THE BENEFIT OF SHIRLEY R ALEXANDER DATED
City Attorney
s Office
City of Chesapeake
Municipal Center
JUNE 27 2003 EDWARD H PHELPS JR RICHARD L PHELPS
AND ESTATE OF ROBERT C PHELPS CITY OF CHESAPEAKE
VIRGINIA PROJECT DOMINION BOULEVARD IMPROVEMENTS
306 Cedar Road
Chesapeake Virginia
EXHIBIT
23322
757
Fax
382 6586
757
382 8749
A
REVISED NOVEMBER 17 2011 and duly recorded in the Clerk
s
Office of the Circuit Court of the City of Chesapeake Virginia
in Map Book 155 at page 120
IT BEING a portion of the same property acquired by the City of
Chesapeake Virginia by Certificate of take dated April 17 2012
recorded in the aforementioned Clerk
s Office in Deed Book 8677
at page 296 by Amended Certificate of take dated July 25 2012
recorded in the aforementioned Clerk
s Office in Deed Book 8765
at page 405 and confirmed by Final Order entered by the Chesapeake
Circuit Court on December 5 2013 in a matter styled City of Chesapeake
Virginia v Sydney Properties LC Shirley R Alexander Successor of
Death Trustee under the Pearl Parker Russell Irrevocable Trust for the
Benefit of Shirley R Alexander Dated June 27 2003 Jo Ann
Roberts Phelps Richard L Phelps Eric C Phelps and Sommer L
Phelps Romig f
a Sommer L Phelps At Law No CL12 1093 Con
k
and duly recorded in the aforementioned Clerk
s Office on February 24
2014 in Deed Book 9323 at page 449
This conveyance is made subject to the conditions restrictions easements and
reservations of record if any affecting the aforesaid property and constituting constructive
notice
This conveyance was authorized by resolution adopted by the Chesapeake City
Council
2014
on
WITNESS the following signatures and seals
CITY OF CHESAPEAKE VIRGINIA
By
City Manager
ATTEST
City Clerk
City Attorneys Office
City of Chesapeake
Municipal Center
306 Cedar Road
Chesapeake Virginia
23322
757 382 6586
Fax 757 382 8749
2
COMMONWEALTH OF VIRGINIA
CITY OF CHESAPEAKE towit
The
foregoing instrument bearing
acknowledged
before
me
this
2014 was
date of
day of
2014 by James E Baker City
Manager and attested by
of the Chesapeake City Clerk
s Office of the City of Chesapeake Virginia
Notary Public
Registration No
My commission expires
Approved as to form
Assistant City Attorney
City Attorneys Office
City of Chesapeake
Municipal Center
306 Cedar Road
Chesapeake Virginia
23322
382
757 6586
Fax 757 382 8749
3
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