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Home My WebLink About05-17 Deed080008915 DEED OF GIFT THIS DEED OF GIFT is made and dated this 25`h day of July, 2008 by and between O -N MINERALS (CHEMSTONE) COMPANY, a Delaware Corporation, whose address is P.O. Box 71, Strasburg, Virginia 22657, hereinafter referred to as GRANTOR, and CEDAR CREEK BATTLEFIELD FOUNDATION, INC., a Virginia corporation, whose address is P.O. Box 229, Middletown, Virginia 22645, hereinafter referred to as GRANTEE. WITNESSETH: That for and in consideration of the conveyance hereby made, and other good and valuable considerations, the receipt of which is hereby acknowledged, Grantor hereby does grant, bargain, convey and sell with Special Warranty of Title, unto the Grantee all the Grantor's right, title, and interest in those certain tracts or parcels of real property having the following Legal Description: All that certain tract or parcel of land with all easements and appurtenances thereunto belonging, lying, and being in the Back Creek Magisterial District, Frederick County, Virginia, containing 8 acres more or less, the metes and bounds whereof are shown on a certain plat of survey by Carl J. Rinker & Associates dated July 9, 2008, which plat shall be recorded with this Deed of Gift as "Exhibit A" thereto ("Property"). Reference is hereby made to "Exhibit A" and the attachments and references therein contained for a further and more particular description of the Property hereby conveyed. This conveyance is made subject to all duly recorded and enforceable restrictions, easements, and rights of way and is also subject to the following conditions: Document prepared by: Thomas Moore Lawson, Esquire P.O. Box 2740 Winchester. VA 22604 Return to: Thomas Moore Lawson, Esquire P.O. Box 2740 Winchester, VA 22604 Tax Map No. portion of 90-A-23 Grantee's Address: Consideration: $0.00 P.O. Box 229 Middletown, V A 22645 This deed is exempt from all recordable taxes by virtue of Section 58.1-811 (D) of the Code of Virginia. a EXHIBIT (5 W J W Q H U) CD N N • There shall be no structures built on the Property unless first approved by Grantor; • The Property shall be maintained in a neat and orderly condition at all times and any trees maintained using best management practices; • Grantor further reserves the right to take any action reasonably required to maintain the Property in the event the Grantee fails to do so. This right shall include, but not be limited to, the right to enter upon the Property to do such work on the Property as may be required to effect the conditions on the Property described herein. In addition, this conveyance is made subject to the following first right of refusal. With the agreement of Grantee as evidenced by its signature below, Grantor hereby reserves a first right of refusal for any future sale, transfer or conveyance of the Property (or portion thereof) by the Grantee except a sale, transfer or conveyance to an entity that is (a) related to the Grantee and (b) a charitable entity established for the preservation of historic properties. In the event that Grantee receives a bona fide offer or tenders a bona fide offer for the sale, transfer or conveyance of the Property (or any portion thereof) to any person or entity, then Grantee shall forthwith send to Grantor a notice in writing of its desire or intention to sell, transfer or convey the Property (or a portion thereof) accompanied by a copy of the offer. Upon receipt of that notice, Grantor shall have thirty (30) days from the date of its receipt of the notice to notify Grantee of its desire and agreement to purchase the Property (or the portion thereof) under the terms and conditions as contained in that offer. If Grantor gives Grantee notice of its intent to purchase the Property (or a portion thereof) as described above, Grantee shall sell the Property (or portion thereof) to Grantor under the terms and conditions contained in the offer. 7 If Grantor elects not to purchase the Property (or portion thereof) or does not respond to the notice and offer from the Grantee, then Grantee may sell the Property (or portion thereof), but only in accordance with the terms and conditions contained in the bona fide offer. If the transaction contemplated by the bona fide offer is not completed within ninety (90) days after the expiration of the last day upon which Grantor has the right to give notice of its intent to purchase, then Grantee shall not thereafter sell or offer the Property (or any portion thereof) unless and until it again complies with the above requirements. WITNESS the following signatures and seals: GRANTOR: O -N MINERALS (CHEMSTONE) COMPANY +oM Its: Arc— ocar"ALge t� a�Qi COMMONWEALTH OF VIRGINIA C44W-/COUNTY of to -wit: rr _ The fore goin instrument was acknowledged before me this 1� day of July, 2008, by .�••✓•r e- lre.,y-w f �Q,�i,� o^r. .4ee e. of O -N Minerals (Chemstone) Company. My commission expuM. .,"� Registration No.a ,. NP 11j111111111\\\� CD N CEDAR CREEK BATTLEFIELD FOUNDATION, INC. By: v`t. Its: ,r COMMONWEALTH OF VIRGINIA CITY/COUNTY of rllr�3P rl , to -wit: 'Be fore oing instrument was cknowledged before me thidqqday of July, 2008, by coat tr i r�KJe of Cedar Creek Battlefield Foundatio ,Inc. �l Notary Public My commission expires: Registration No.: 5// ..... H 9•C7SF''.,. NQS • ' NOTARY REG # 357188 =. 0 MVCG,�!RlSSION 4_ EXi=iRES Q ?ice 4/301200 ��11111151�� Y SURVEYOR'S CERTIFICATION: v > I, CARL J. RINKER, A DULY LICENSED I- a LAND SURVEYOR IN THE COMMONWEALTH w Z nr ."UNIA. HCncBY CER`TFY TO THE I BEST OF MY KNOWLEDGE AND BELIEF, o75 THAT THE PROPERTY CONTAINED IN THIS w p SUBDIVISION IS THE SAME PROPERTY v CONVEYED TO O -N' MINERALS a (CHEMSTONE) COMPANY BY DEED t� RECORDED IN DEED BOOK 582 AT PAGE Ak 122 AMONG THE LAND RECORDS OF FREDERICK INIA. TJ IL C. J. INKER, J ; G e��aYPQP�� Uc. No. 1058 b��09/fib ` VICINITY MAP SCALE: I' - 2,000' APPROVED BY: FREDERICK COUNTY SUBDIVISION ADMINISTRATOR NOTES: 1. FREDERICK COUNTY TAX MAP: 90-A-23. CURRENT OWNERSHIP: 0-N MINERALS (CHEMSTONE) COMPANY, DB 582, PG 122. CURRENT ZONING: RA, 2. MERIDIAN AND BOUNDARY INFORMATION SHOWN HEREIN ARE BASED ON THAT CERTAIN BOUNDARY SURVEY ATTACHED TO THE DEED RECORDED IN OB 582, PG 122. 3. THIS PLAT WAS PREPARED WITHOUT BENEFIT OF A TITLE REPORT AND THEREFORE DOES NOT NECESSARILY SHOW ALL ENCUMBRANCES OR OTHER MATTERS AFFECTING THE PROPERTY. 4. PURSUANT TO AN EXAMINATION OF HUD FLOOD INSURANCE RATE MAP, COMMUNITY PANEL 510063 01758, EFFECTIVE JULY 17, 1978, A PORTION OF THE SUBJECT PROPERTY UES IN ZONE A (AREAS OF 100 -YEAR FLOOD; BASE FLOOD ELEVATIONS AND FLOOD HAZARD FACTORS NOT DETERMINED). 100 YEAR FLOODPLAIN LIMITS SHOWN HEREIN HAVE BEEN DIGITALLY SCALED FROM THE REFERENCED FIRM PANEL 5. THIS PARCEL HAS NOT BEEN APPROVED FOR SANITARY WASTE DISPOSAL. APPROVAL MUST BE OBTAINED PRIOR TO BUILDING PERMITS FOR STRUCTURES REQUIRING SUCH FACILITIES. 6. EXISTING SUBJECT AND ADJOINING PROPERTY AREAS REPRESENTED HEREIN ARE DERIVED FROM INFORMATION OBTAINED FROM THE FREDERICK COUNTY GIS WEBSITE MAY 20, 2008. 7. REFERENCE IS HEREBY MADE TO THE "RIGHT-OF-WAY AND TRACK MAP, THE WINCHESTER AND STRASBURG RAILROAD COMPANY' (ORIGINAL DATE JUNE 30, 1918), CURRENTLY (UP)DATED JUNE 10, 2008, FILE NUMBER V08641 (V-321/8) PROVIDED BY CSX REAL PROPERTY, INC. GIS DEPARTMENT AND REVIEWED IN CONJUNCTION WITH PREPARATION OF THIS PLAT. OWNER'S CONSENT: THE ABOVE ANI) MPFGrgNC czlmmmcink THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE ON f BY .S ATE) (NAME) (NOTARY PUBLIC) MY COMMISSION EXPIRES D Ao ATE) BACK CREEK MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA SCALE: AS SHOWN DATE: JUNE 25, 2008 REVISED: JULY 9, 2008 Carl J. Rinker & Associates 74 PhIllpa Court Strasburg, VA gI� 1 OF 2 540-459-4715 a v a 0 N rn r` N W K Q Y a W� T a 0 1 n N i U Ll 0 0 a a GRAPHIC SCALE 0 100 zoo 400 2 inch 200 ft. t � t P, s4o,o�. A 8.019p✓ ACRS9 �. f t5 A t / deg"' 1 ►0 at � V t g� 09 -'AA � n L* NC IQ I ¢ o� av O� Qo N GCT t jlro �1�0 4 DETAIL 1' = 50' v / BEARING AREA TABULATION: (OLD) 90-A--23 (SEE NOTE 6)153.50 PARCEL A cy*� AC -8.01 -8.0139 AC / t (REMAINDER) 90-A-23 145.486 AC coir/ � O \ \ R=Ii MOt 00-A-23'\ 143.486 ACIM Pi A, 1pp1d UNE BEARING DISTANCE Li ' 8'4 'W 14 • L2 N4 'W 9. ' L3 1 •W 1 ' L4 'W 6' N4 '0 '4 'W 7.19 Strasburg, VA 540-459-4715 SHEET 2 OF 2 a � 9 45' VL7 1 4' OS 7 1' 9.06' 4' 6 4 ' S78b9'0 'W 61. ' L11 8 7' 28. 1• L12 S •43.57'W 6 ' L13 NS '4 'W 11 .90' L14 N 4 4' 4 L1573-35 59 W Lt 6 6 '46'W 7' Liz 7.91 L18 0'4 'W 1 U9.00 4. L20 N74'S ' L21 ST 1'W 81.52" �2 N48:12'1 7'W 1.6 ' L23 N . , W Si, L24 N 'W 73,52' L25 6' ..W O , L26 6 151,36,50,03' L27 S41 1.08'W 79.70' ,TH jNo. 1058 W 50,5 SUR�gO4 N i FREDERICK COUNTY, VIRGINIA a w K SCALE: AS SHOWN DATE_ JUNE 25. 2008 Y O_ 3 REVISED: JULY 9, 2008 i r MINOR RURAL SU8WAVON OF THE LAND OF 0-N MINERALS (CNEMSME) WMPANY BACK CREEK MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA I 04 SCALE: AS SHOWN DATE_ JUNE 25. 2008 REVISED: JULY 9, 2008 N Carl J. Rinker & ASSOCloteS 74 Phfts Court Strasburg, VA 540-459-4715 SHEET 2 OF 2 a � 0. VIRGINIA: FREDERICK COUNIY.SCr. 'Ibis in uumrm of writing was produced to me on % - ai S-17cp at Hi ...9Pf — and with c+rrtifemtc ackno%%iedgement thereto annexed was autmitlecC r,p rti'rt)rd.'fax imposed by Sec. 58.1-802 of $ , and 58.1-501 have been paid, if assessable. �� ,.to jr") ' Clerk