HomeMy WebLinkAboutAgenda - 06-26-1996 - VIII-R 1
ORANGE COUNTY
BOARD OF COMMISSIONERS
Action Agenda
Item No ��
ACTION AGENDA ITEM ABSTRACT
Meeting Date: June 26, 1996
SUBJECT: Housing Rehabilitation Program - Release Deed
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DEPARTMENT: Housing/Comm. Dev. PUBLIC HEARING YES NO x
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ATTACHMBNT(S) : INFORMATION CONTACT
Release Deed Tara L. Fikes, x 2490
TELEPHONE NUMBER
Hillaborough 732-8181
Chapel Hill 968-4501
Mebane 227-2031
Durham 688-7331
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PURPOSE: To authorize the execution of a Release Deed by the Chair of the Orange
County Board of Commissioners in conjunction with the County's Housing Rehabilitation
Program.
BACRG X)UND: All houses repaired under the County's Housing Rehabilitation Program are
completed under a Deferred Loan Program. The County's investment is secured for a
specified time period by a Promissory Note and Deed of Trust with the later document
recorded in the Register of Deed's office.
On or about November 30, 1995, the County had a Deed of Trust executed to cover the
Housing Rehabilitation work performed at the home of Juanita Pride. This Deed of Trust
secured property which included her house as well as 1.93 acres of land. Apparently,
the owner thought that the property she owned had been legally divided into two lots.
She now wishes to convey .99 acres of this property to her grandson so that he may build
a home. In order to do this, the County must release their Deed of Trust on the 1.93
acre tract of land, allow the property to be subdivided with into one .99 acre and .94
acre tract, and have another Deed of Trust executed by Ms. Pride to secure the County's
investment in her house and the remaining .94 acre parcel of land.
The County Attorney has reviewed and approved the attached Release Deed.
RECCH11ENDATION:
The Manager recommends authorizing the execution of a Release Deed by the Chair of the
Orange County Board of . Commissioners in conjunction with the County's Housing
Rehabilitation Program.
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Prepared by and return to: C. D. Hogue, III, Attorney at Law, 110 W.Margaret Lane, Hillsborough, North
Carolina 27278.
RELEASE DEED STATE OF NORTH CAROLINA, ORANGE COUNTY
THIS DEED, made and entered into this day of 199 by and between GEOFFREY
GLEDHILL, Trustee, hereinafter called Trustee, and ORANGE COUNTY for the ORANGE COUNTY HOUSING AND COMMUNITY
DEVELOPMENT DEPARTMENT, hereinafter called Note Holder, and both together called party of the first part,
and JUANITA PRIDE hereinafter referred to as party of the second part, whose mailing address is: 5413
Governor Scott Road, Cedar Grove NC 27231.
WITNESSETH: That, Whereas, said party of the second part heretofore executed to GEOFFREY GLEDHILL,
Trustee, a certain deed of trust, recorded on December 1, 1995, in Deed Book 1414, page 59, of the Orange
County Registry, to secure a certain note therein set out due and payable to the said Note Holder, whereas
Note Holder is stilt the holder of that note, and whereas party of the second part has requested the party
of the first part, to release from the lien of said deed of trust so much of the land therein conveyed as
is hereinafter described, and the said Note Holder, has agreed to do so and has requested said Trustee to
join in said release:
NOW, THEREFORE, said parties of the first part, for and in consideration of the sum of TEN DOLLARS
to them paid by the said party of the second part, have remised and released and by these presents do remise,
release and forever quitclaim unto the said party of the second part and his heirs and assigns certain lands
situate in the Chapel Hill Township, Orange County, North Carolina, and described as follows:
0.99 acres together with an appurtenant and perpetual right of ingress, egress and regress
over that 60 foot right-of-way running South from the said property to North Carolina Secondary Road No.
1351, as shown on the plat of the survey by Robert A. Jones dated February 5th, 1974, entitled "Property
of JUANITA PRIDE." This property is further described as beginning at the northeast corner of the property
of Juanita Pride conveyed in deed book 239 at page 34 of the Orange County Registry and running thence South
87 degrees 00 minutes West 40 feet to the line of Larry Torian; thence North 15 degrees 15 minutes East with
the line of Larry Torian and then Thomas Foust 284 feet to an iron in the southeast corner of the property
of John L. Poteat; thence South 74 degrees 45 minutes East 280 feet to an iron in a 60' R/W reserved;
thence along the northwestern line of the 60' R/W reserved, South 56 degrees 10 minutes West 367 feet to the
beginning. The western line of the 60 foot easement for access runs from the aforesaid beginning point South
3 degrees 00 minutes east 342.19 feet to an existing iron control in the northern right-of-way line of NCSR
# 1351.
PIN # 9847-16-5114 (TM 2.40..38A)
TO HAVE AND TO HOLD said lands,"with all the appurtenances thereinto belonging, or in any wise
appertaining, to him, the party of the second part, and his heirs and assigns, free and discharged from the
Lien of the deed of trust hereinabove referred to.
But it is understood and agreed that this release shell apply only to so much of said lards as are
herein described and conveyed, and the remainder of said lands are still subject to the lien of said deed
of trust, and shall remain in full force and effect.
When reference is made to the Trustee, any Party or Parties, or to the Note Holder or tm Note,the
singular shall include the plural and the masculine shall include the feminine or the neuter.
IN TESTIMONY WHEREOF, said ORANGE COUNTY he s caused this instrument to be signed in its name
by their duly authorized officers and their seals to be hereunto affixed by authority of its Board of
Commissioners, and GEOFFREY GLEDHILL, Trustee, has set his hand and seat, the day and year first above
written.
ORANGE COUNTY for the ORANGE COUNTY HOUSING AND COMMUNITY DEVELOPMENT DEPARTMENT
BY:
MOSES CAREY JR., Chair, Orange County Board of Commissioners (COUNTY SEAL)
ATTEST:
BEVERLY BLYTHE, Clerk to the Orange County Board of Commissioners
(SEAL)
GEOFFREY GLEDHILL, TRUSTEE
STATE OF NORTH CAROLINA, COUNTY OF
I, a Notary public in and for said County and State, do hereby
certify that GEOFFREY GLEDHILL, TRUSTEE personally cane before me this day and acknowledged the due execution
of this instrument for the intents and purposes therein expressed.
WITNESS my hand and notarial seal, this day of 199_
My commission expires:
NOTARY PUBLIC
STATE OF NORTH CAROLINA, COUNTY OF
1, a Notary public in and for said County and State, do hereby
certify that BEVERLY BLYTHE personally cane before me this day and acknowledged that she is Clerk to the
Board of Commissioners for Orange County, and that by authority duly given and as the act of said County,
the foregoing document was signed in its name by the Chairman of the Said Board of Commissioners, seated with
its County Seal, and attested by her as Clerk to the said Board of Commissioners.
WITNESS my hand and notarial seal, this day of 199
My commission expires:
NOTARY PUBLIC
STATE OF NORTH CAROLINA, ORANGE COUNTY.
The foregoing certificate of a Notary (or Notaries) Public of
the designated governmental unit.,is (are) certified to be correct. Filed for registration this the
day of 199, at o'clock m. in Record Book , page
BY:
REGISTER OF DEEDS ASSISTANT, DEPUTY REGISTER OF DEEDS
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