PREPARED WITHOUT BENEFIT OF TITLE EXAMINATION
THIS DEED made this _____ day of ______, 2010, by and between the BOARD OF EDUCATION OF HARFORD COUNTY, sometimes hereinafter referred to as the “Board” and HARFORD COUNTY, MARYLAND, a body corporate and politic of the State of Maryland, sometimes hereinafter referred to as the “County.”
WHEREAS, pursuant to the Education Article of the Annotated Code of Maryland, Section 4-114(c)(1)(ii), the Board has determined at its business meeting of ______that the real property herein described (the “Subject Property”) is no longer needed for school purposes, and
WHEREAS, Section 4-114(c)(1)(ii) mandates that real property owned by the Board determined to be surplus be transferred to Harford County, Maryland, and
WHEREAS, the State Superintendent of Schools has approved the Board’s determination that the Subject Property is surplus, and
WHEREAS, the Subject Property is the subject of a Memorandum of Understanding (MOU) by and between the Board, the Town of Bel Air and the County dated September 8, 2008 (attached hereto as Exhibit 1), and
WHEREAS, pursuant to said MOU, the Board agreed to convey the Subject Property to the County upon the satisfaction of certain conditions set forth in the MOU, and
WHEREAS, the County has satisfied the aforesaid conditions.
NOW, THEREFORE in consideration of the sum of Zero Dollars ($0.00), the recitals which are incorporated by reference and other good and valuable consideration, receipt of which is hereby acknowledged, the Board does hereby grant and convey to the County, its successors and assigns, in fee simple, the parcel of land lying and situate in the THIRD ELECTION DISTRICT of Harford County, Maryland, and described as follows:
BEING known and designated as Lot 2, containing 1.070 acres more or less as shown on plat entitled “Subdivision Plat Bel Air Academy,” (attached hereon as Exhibit 2) dated September 28, 2009 prepared by George William Stephens Jr and Associates, Inc., and recorded among the Land Records of Harford County in No. 133, folio 91. all its right, title and interest in and to all that land described in a plat (attached hereto as Exhibit 2) dated September 28, 2008, recorded in the land records of Harford County, Maryland at Liber ______and Folio ______.
BEING all that parcel of land conveyed from William Scott Hibbitts and Mary Ellen Hibbitts to the Board of Education of Harford County, Maryland by deed dated May 31, 1994, recorded among the Land Records of Harford County, Maryland in Liber G.R.G. 622, folio 170.
ALSO being a part of that parcel of land conveyed from Stevenson A. Williams and Mary E. Byrarly, Executors of the Last Will and Testament of Elizabeth G. Lee to the Board of County School Commissioners of Harford County, Maryland by deed dated April 5, 1994, recorded among the Land Records of Harford County, Maryland in Liber W.S.F. 80, folio 374.
ALSO being a part of that parcel of land conveyed from Stevenson A. Williams and Mary E. Byrarly, Executors of the Last Will and Testament of Elizabeth G. Lee, et al to the Board of County School Commissioners of Harford County, Maryland by deed dated January 30, 1894, recorded among the Land Records of Harford County, Maryland in Liber W.S.F. 80 folio130.
TOGETHER with the building, improvements thereon, if any, and all the rights, ways, roads, waters, water courses, easements, privileges, advantages, and appurtenances, belonging or in anywise appertaining.
TO HAVE AND TO HOLD the above-described parcel of land to the County, its successors and assigns, in fee simple.
AND the Board does hereby covenant to warrant specially the property herein described and conveyed and agrees to execute such other further assurances o f thte same as may be necessary.
AND the Board does hereby covenant that it has done no act to encumber the land, and that it will execute such other and further assurances as may be requisite and necessary.
AS WITNESS the hands and seals of the parties hereto on the day and year first above written.
WITNESS/ATTEST: BOARD OF EDUCATION OF
HARFORD COUNTY
______By: ______
Robert M. Tomback, Ph.D.
Superintendent of Schools
______By: ______
Mark M. Wolkow, President
HARFORD COUNTY, MARYLAND
______By: ______
David R. Craig, County Executive
Approved as to form and legal
sufficiency this _____ day of
______, 2010.
______
Richard G. Herbig
Senior Assistant County Attorney
STATE OF MARYLAND, COUNTY OF HARFORD, TO WIT:
I HEREBY CERTIFY that on this ______day of ______, 2010 before me, the subscriber, a Notary Public of the State of Maryland, in and for Harford County, duly commissioned and qualified, personally appeared ROBERT M. TOMBACK, Superintendent of Schools, and acknowledged the foregoing to be his act.
AS WITNESS my hand and Notarial Seal.
______
Notary Public
My Commission Expires: ______
STATE OF MARYLAND, COUNTY OF HARFORD, TO WIT:
I HEREBY CERTIFY that on this ______day of ______, 2010 before me, the subscriber, a Notary Public of the State of Maryland, in and for Harford County, duly commissioned and qualified, personally appeared MARK M. WOLKOW, President, Board of Education of Harford County, and acknowledged the foregoing to be his act.
AS WITNESS my hand and Notarial Seal.
______
Notary Public
My Commission Expires: ______
STATE OF MARYLAND, COUNTY OF HARFORD, TO WIT:
I HEREBY CERTIFY that on this ______day of ______, 2010 before me, the subscriber, a Notary Public of the State and County aforesaid, personally appeared DAVID R. CRAIG, who acknowledged himself to the County Executive of Harford County, Maryland, a body corporate and politic of the State of Maryland, and that as such County Executive, he executed the foregoing Deed as the act of Harford County for the purposes therein contained and acknowledged that the actual monetary consideration paid or to be paid is Zero Dollars ($0.00).
AS WITNESS my hand and Notarial Seal.
______
Notary Public
My Commission Expires: ______
CERTIFICATION
In accordance with Section 3-104 of the Real Property Article, I, ______, hereby certify that I prepared this Deed and that I am an attorney admitted to practice before the Court of Appeals of Maryland.
______
Date Patrick P. Spicer, Esquire
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