Prepared by and Return to: Dinwiddie County Attorney’s Office 14016 Boydton Plank Road P.O. Drawer 70 Dinwiddie, VA 23841
Tax Map Reference Nos. 21A-1-546 and 21A-1-547 Purchase Price: $0.00
Title Insurance Underwriter: Deed Prepared without Title Insurance Binder
THIS QUITCLAIM DEED OF GIFT, which is exempt from recordation taxes under Sections 58.1-811, C and D of the Code of Virginia, 1950, as amended, made and entered into this ___ day of ______, 2018, by and between the COUNTY OF DINWIDDIE, VIRGINIA, Grantor, and TRUSTEES OF FIRST BAPTIST CHURCH OF WEST PETERSBURG, Grantee.
W I T N E S S E T H :
WHEREAS, by a resolution duly adopted by the Board of Supervisors of Dinwiddie County, Virginia, at its meeting held on July 17, 2018, following a public hearing on the conveyance to be accomplished by this Deed, the Board of Supervisors did approve the conveyance of the hereinafter described real estate to the Grantee and has authorized the execution of this Deed by the Chairman thereof,
NOW, THEREFORE, in consideration of the promise of the Grantee to accept, abide by, and perform the covenants and restrictions hereinafter set forth and other good and valuable consideration, the receipt of which is hereby acknowledged by the Grantor, the Grantor does hereby quitclaim, release and convey unto the said Grantee, subject to the Covenants and Restrictions (as hereinafter defined) and further subject to such other matters as are hereinafter set forth, any and all of the right, title and interest it may possess in that certain real property comprised of lots 546 and 547, located on Brunswick Avenue, West Petersburg Subdivision, Rohoic, District, Dinwiddie County, Virginia, and more particularly described on Schedule A attached hereto and made a part hereof (the “Property”).
The Grantee hereby covenants and agrees that, from and after the date hereof, (1) the Property shall be used only as a playground or park for the use and enjoyment of the public and shall be open to the public at all reasonable hours free of charge, (2) the Grantee, its successors and assigns, at its sole expense, shall maintain the Property and any playground equipment and other improvements thereto now or hereafter located thereon in reasonable condition and repair and shall at all times keep any vegetation and grass on the Property trimmed to a reasonable length and size in keeping with the use of the Property as a playground or park and (3) the Grantee, its successors and assigns, at its sole expense, shall at all times keep the Property insured under a general liability insurance policy with a limit of liability of at least One Million and No/100 Dollars ($1,000,000), which policy shall be issued by an insurance company licensed to do business in the Commonwealth of Virginia, shall be acceptable in all ways to the Grantor in its sole discretion (including, without limitation, the identity of the insurance company), shall name the Grantor as an additional insured and a copy of which policy shall be delivered annually to the Grantor (together, the “Covenants and Restrictions”). The Covenants and Restrictions shall run with the land and shall be binding upon the successors and assigns of the Grantee and all future owners of any interest in the Property. The Grantor (which term shall include any succeeding governmental entity to the Grantor) alone shall have the right, but not the obligation, to enforce the Covenants and Restrictions by action at law or suit in equity to compel specific performance thereof. In addition to any other remedies available to it at law or in equity, upon the failure of the Grantee, its successors or assigns, to cure any breach of any of the Covenants and Restrictions within sixty (60) days after receipt of written notice thereof, the Grantor shall have the right, but not the obligation, to (1) enter upon the Property, cure any breach of any of the Covenants and Restrictions and charge the cost thereof (including any legal fees and expenses incurred by the Grantor) to the Grantee and/or (2) reenter and repossess the Property with the intention of retaking title to the same, at which time title to the Property in fee
1 simple absolute shall revert to the Grantor, and the Grantee hereby appoints the then duly elected Chairman of the Board of Supervisors or other governing body of the Grantor as its attorney-in- fact for the purpose of executing and delivering any deed or other instrument necessary to fully and completely re-convey title to the Property to the Grantor.
Anything herein to the contrary notwithstanding, the general public is not intended or to be construed as a third party beneficiary hereof, and no individual, member of the general public, or other entity except for the Grantee shall acquire any right, title or interest in or to the Property by reason of this Deed or the use of the Property for the purposes described herein or as a third party beneficiary; nor shall any such individual or member of the general public have any right to bring any action at law or suit in equity to enforce any of the Covenants and Restrictions or any right of the Grantor hereunder, all such rights being intended to be reserved solely to and for the benefit of the Grantor.
The Grantor hereby reserves the right to terminate any part or all of the Covenants and Restrictions at any time with or without the consent of the Grantee or any other person or entity claiming any interest in the Property by the recordation in the Clerk’s Office of the Circuit Court of Dinwiddie County, Virginia of an appropriate instrument duly authorized and executed by the governing body of the Grantor setting forth the particulars of such termination.
This conveyance is made further subject to all easements, covenants, restrictions, agreements and conditions of record and legally applicable to the Property.
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2 IN WITNESS WHEREOF, the Board of Supervisors of the County of Dinwiddie, Virginia, pursuant to duly adopted motion after a duly advertised public hearing, has caused this Deed to be executed by its duly authorized representative.
COUNTY OF DINWIDDIE, VIRGINIA
By: ______Dr. Mark E. Moore Chairman, Board of Supervisors
STATE OF VIRGINIA, ______OF ______, to-wit: The foregoing instrument was acknowledged before me this ___ day of ______, 20__, by Dr. Mark E. Moore, Chairman of the Board of Supervisors of Dinwiddie County, Virginia.
My commission expires: ______Commission Number: ______Notary Public
Approved as to Form:
______(SEAL) Tyler Southall Dinwiddie County Attorney
3 IN WITNESS WHEREOF, the Trustees of First Baptist Church of West Petersburg, being duly authorized, have executed this Deed and agree to accept, abide by, and perform the covenants and restrictions set forth in the Deed.
______Thomas S. Trotter, Trustee
STATE OF VIRGINIA, ______OF ______, to-wit: The foregoing instrument was acknowledged before me this ___ day of ______, 20__, by Thomas S. Trotter, Trustee of First Baptist Church of West Petersburg.
My commission expires: ______
Commission Number: ______
______Notary Public
______Samuel Hunt, Trustee
STATE OF VIRGINIA, ______OF ______, to-wit: The foregoing instrument was acknowledged before me this ___ day of ______, 20__, by Samuel Hunt, Trustee of First Baptist Church of West Petersburg.
My commission expires: ______
Commission Number: ______
______Notary Public
______James E. Jones, Trustee
STATE OF VIRGINIA, ______OF ______, to-wit: The foregoing instrument was acknowledged before me this ___ day of ______, 20__, by James E. Jones, Trustee of First Baptist Church of West Petersburg.
My commission expires: ______
Commission Number: ______
______Notary Public
______Jerome B. Bonner, Trustee
STATE OF VIRGINIA, ______OF ______, to-wit:
The foregoing instrument was acknowledged before me this ___ day of ______, 20__, by Jerome B. Bonner, Trustee of First Baptist Church of West Petersburg.
My commission expires: ______
Commission Number: ______
______Notary Public
4 SCHEDULE A ALL of those two lots of land with the improvements thereon and the appurtenances thereto belonging, lying, being and situate in Rohoic District, Dinwiddie County, Virginia, known, numbered and designated as Lot Number 546 and 547 on a plat made by W.C. Rives, Surveyors, known as “West Petersburg,” and recorded in the Clerk’s Office of the Circuit Court of Dinwiddie County. BEING the same property conveyed to the County of Dinwiddie, Virginia, by deed from Don C. Vance and Nancy C. Vance, husband and wife, dated May 13, 1995, recorded August 17, 1995, in the Clerk’s Office aforesaid as instrument number 95-2200. FURTHER BEING the same property conveyed to the West Petersburg Vicinity Awareness, Inc. (also known as the West Petersburg and Vicinity Awareness, Inc.) from the County of Dinwiddie, Virginia, by quitclaim deed of gift, dated February 7, 1996, recorded on February 28, 1996 in Clerk’s Office aforesaid at Deed Book 383, Page 291. FURTHER BEING the same property reconveyed to and reclaimed by the County of Dinwiddie, Virginia by quitclaim deed of gift dated July ___, 2018, recorded on ______in the Clerk’s Office aforesaid as instrument number ______.
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