Opinion
Case No. 01-70019-SCS, Chapter 11, (Jointly Administered)
May 24, 2002
Counsel for Richfood Holdings, Inc.: Jonathan L. Hauser, V.S.B. # 18688 and Troutman Sanders LLP from Norfolk, Virginia.
Counsel for Camellia Food Stores, Inc.: Frank J. Santoro, V.S.B. #20259 of Marcus, Santoro, Kozak Melvin, P.C. from Portsmouth, Virginia.
Counsel for the Official Unsecured Creditors and Committee of Camellia Food Stores, Inc.: Brent C. Strickland, Esq. of Whiteford, Taylor Preston, L.L.P. from Baltimore, MD.
ORDER GRANTING RELIEF FROM STAY
CAME the parties on this day upon Motion for Relief from Stay and the Answer thereto and it appearing proper after due notice, and for good cause shown, it is:
ADJUDGED AND ORDERED that unless a Plan of Reorganization is confirmed by this court on or before June 30, 2002, the automatic stay provided for by 11 U.S.C. § 362 be, and it hereby is, modified, without further notice of hearing to permit Plaintiff to regain possession of, foreclose and sell pursuant to the loan documents and state law, that certain real property described as follows:
Crisfield, MD
All that tract or parcel of land situate, lying and being in the City of Crisfield, Crisfield Election District, Somerset County, Maryland, including Lots Numbers 1, 2 and 3 in Block Number 12 of a Plat of the North Side of the Town of Crisfield filed with a Deed of Partition between Hance Lawson and other, dated February 10, 1884 and recorded among the Land Records of said Somerset County in Liber H.F.L., No. 1, Folio 130, and that land described as railroad property on said plat; the land herein described and conveyed having been described in a deed from Feundal Company, a Corporation of the State of Delaware, and Mayor and Council of Crisfield, dated March 29, 1962 recorded among the Land Records of Somerset County in Liber G.J.B. No. 209, folio 493 as follows: "Beginning at an iron pipe at the Southeasterly extremity of the Northeasterly line of 6th Street (50 feet wide) being at a Northeasterly corner of the parcel of land containing 51,802 square feet, ±, which has been conveyed by the New York, Philadelphia and Norfolk Railroad Company to the Mayor and Council of Crisfield by Deed dated April 16, 1957; Extending from said place of beginning, the following nine courses and distances; (1) N. 25° 30' W., along said Northeasterly line of 6th Street being along the Southwesterly line of said Lot Number 1, the distance of 62.0 feet to an iron pipe in the Southeasterly line of an alley; (2) N. 64° 30" E., along the same, being along the Northwesterly lines of said Lots Numbers 1, 2 and 3, the distance of 150.0 feet to an iron pipe; (3) S. 25° 30" E., along the Northeasterly line of said Lot Number 3, the distance of 62.0 feet to an iron pipe at the Southeasterly corner of said last mentioned Lot; (4) N. 64° 30' E. along the Southeasterly lines of Lots Number 4 and 5 in said Bloc 12, along the Southeasterly extremity of 5th Street and along the Southeasterly lines of Lots Numbers 1 to 6 inclusive in Block 13 of said Plat, 436.0 feet to an iron pipe; (5) S. 1° 45' W., 50.17 feet to the Northwesterly line of Maryland State Route No. 413 (Maryland Avenue); the following two courses and distances being along said line of State Route No. 413; (6) S. 52° 32' W., 479.11 feet to a point of curve; (7) Southwestwardly, on a curve to the right, having a radius of 3,191.16 feet, the chord of which bears S. 53° 23' 30" W., for a length of 95.63 feet, the arc distance of 95.64 feet to the Southeasterly corner of said parcel of land containing 51,802 square feet, ±, conveyed as aforesaid; the following two courses and distances being along lines of said parcel of land conveyed as aforesaid; (8) Westwardly, on a curve to the right,
PARCEL 3: ALL THAT certain lot or parcel of land situate, lying and being in the Town of Chincoteague, Island Magisterial District, Accomack County, Virginia, designated as Lot No. 4 as shown on a plat made by J.B. Gibb, C.S., and recorded in the Clerk's Office of the Circuit Court of Accomack County, Virginia, with a deed of partition between T. Mulland Holland and wife and John H. Watson and others, recorded in Deed Book 146, at page 192, said lot being bounded on the Northeast, by Lot No. 3, as shown on said plat, formerly owned by William L. Watson; on the Southeast, by Lot No. 43, now or formerly owned by Earl Watson; on the Southwest, by Cleveland Street; and on the Northwest, by Lot No. 5 as shown on said plat, formerly owned by Emma Beebe, together with all buildings and improvements thereon, and all rights, privileges and appurtenances thereunto belonging or in anywise appertaining. Said lot is sold together with two furnished trailers situated thereon.
PARCEL 4: ALL THAT certain lot of parcel of land, located on Cleveland Street, in the Town of Chincoteague, Accomack County, Virginia, which said lot is designated as Lot No. 43 on a certain plat bearing date December 14, 1934, made by J.B. Gibb, C.S., and now of record in the Clerk's Office of the Circuit Court of Accomack County, Virginia, in Plat Book No. 4, at page 56, to which said plat reference is hereby made for a more particular description, and is bounded as follows: on the Northwest, by Lot No. 4, formerly owned by Ernest Pointer, now owned by the party of the second part; on the Northeast, by Lot No. 7, formerly owned by Elmer Lunn; on the Southeast, by Lot No. 42, now or formerly owned by Robert Tull; and on the Southwest, by Cleveland Street.
Exmore, VA
ALL THOSE four certain lots or parcels of real estate situate in Exmore, Northampton County, Virginia, designated as Lots 7, 8, 17 and 18 on a plat of survey entitled "Mrs. Mattie H. Kellan's lot Near Exmore, Northampton County, Virginia", made by Geo. H. Badger, C.S., dated November, 1937, and recorded in the Clerk's Office of the Circuit Court for the County of Northampton in Plat Book 4, at page 140, 142 and 143 said Lots 17 and 18 being bounded on the North, by Lot 16, as shown on said plat; on the East, by U.S. Route 13; on the South, by Lot 19, as shown on said plat; and on the West, by a proposed twenty-foot road shown on said plat; and Lots 7 and 8 being bounded on the North, by Lot 6, as shown on said plat; on the East, by the said twenty-foot proposed road, on the South, by Lot 9, as shown on said plat; and on the West, by the public road formerly leading from Exmore to Hadlock, designated as Virginia Route 618.
(collectively, the "Property").
IT IS FURTHER ORDERED that the provisions of Rule 4001(a)(3) of the Federal Rules of Bankruptcy Procedure are hereby waived.
It is so ORDERED.