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HomeMy WebLinkAbout20-06 Deed (2)0900118:17 Document Prepared by: Mc% uireI?oods LLP 1750 Tysons Blvd., Ste. 1800 DEED OF EASEMENT McLean, VA 22102 -4215 s Exempted from recordation tax under the Code of Virginia (1950), as amended, Section 58.1 -811 (a)(3), 58.1 -811 (D) and 10.1 -1803 THIS DEED OF EASEMENT is made this At day of 2000, between the CIVIL WAR PRESERVATION TRUST, a Virgin non-stock corporation, herein called the Grantor, and the VIRGINIA OUTDOORS FOUNDATION, an Agency of the COMMONWEALTH OF VIRGINIA, herein called the Grantee, whose address is 203 Governor Street, Suite 317, Richmond, Virginia 23219. WHEREAS, the Open Space Land Act of 1966 (Chapter 17, Title 10.1, §10.1- 1700 to 10.1 -1705 of the Code of Virginia, as amended) declares that the preservation of open -space land, including land preserved for historic or scenic purposes, serves a public purpose by promoting the health and welfare of the citizens of the Commonwealth by curbing urban sprawl and encouraging more desirable and economical development of natural resources, and authorizes the use of easements in gross to maintain the character of open -space land; and C Tax Parcel No. C 54 -A -88 (41.0 ac.) C 54 -A -90 (181.032 ac.)-- WHEREAS, Chapter 18, Title 10.1 of the Code of Virginia 10.1 -1800 to 10.1- 1804, as amended) declares it to be the public policy of the Commonwealth to encourage preservation of open -space land and authorizes the Virginia Outdoors Foundation to hold real property or any estate or interest therein for the purpose of preserving the natural, scenic, historical, scientific, open -space and recreational lands of the Commonwealth; and WHEREAS, the 1999 Frederick County Comprehensive Plan sets forth a goal "to promote the preservation and protection of Civil War Battlefield resources" and identifies the Third Winchester Battlefield as a key site in the County's Battlefield Action Plan, and further identifies conservation easements as an implementation method for protecting historic resources; and WHEREAS, the Grantor is the owner of the fee simple interest of real property, hereinafter described and known as Third Winchester (Opequon) Battlefield, which includes a Civil War battlefield that is of historic and archaeological significance as briefly described below: Historic Significance Campaign: Sheridan's Valley Campaign Principal Commanders: /d Lt.Gen. Juba! Early; /u/ Maj.Gen. Philip Sheridan Forces Engaged: /d about 15,200; /u/ about 39,236 Casualties: /c/ 3,611 (226k/ 1,567w/ 1,818 m 1u15,018 (6971c/ 3,983w/ 338m). The Third Battle of Winchester on September 19, 1864, was the largest and most desperately contested battle of the Civil War in the Shenandoah Valley, resulting in more than 9,000 casualties. The battle was a turning point of the war in the Valley, marking the rise of and the decline of Confederate power. Although Sheridan gained the victory, Early and enough of his command escaped to continue posing a threat to Washington, D.C. Winchester, however, remained. in Federal hands for the rest of the war. Most of the core of the battlefield is intact. WHEREAS, some 222.032 acres of Third Winchester Battlefield were acquired by the Association for the Preservation of Civil War Sites, Inc. "APCWS a non -stock Virginia Corporation, for the purpose of preserving it as a Civil War battlefield and as an historic, scenic, and open -space resource for the benefit of the public; and WHEREAS, APCWS and The Civil War Trust; a non -profit District of Columbia corporation, were merged in 1999 under the name of the Civil War Preservation Trust as the surviving Virginia non -stock corporation; and WHEREAS, the United States Congress and the National Park Service's American Battlefield Protection Program have designated funds for the preservation and protection of Third Winchester Battlefield; and have conditioned award of these funds on the Grantor's donation of a perpetual easement to preserve Third Winchester Battlefield as a Civil War battlefield and historic, educational, open- space, and recreational resource, and for the benefit of the visiting public; NOW THEREFORE, in recognition of the foregoing and in consideration of the mutual covenants herein and the acceptance by Grantee, the Grantor does hereby grant and convey to the Grantee an open -space easement in gross over, and the right in perpetuity to restrict the use of, the real estate referred to below and located in Stonewall Magisterial District, Frederick County, Virginia on the east side of Interstate Route 81 and along the south side of Virginia 661, hereinafter referred to as the "Property," and more particularly described on Schedule A attached. The herein described two tracts or parcels are shown as Frederick County Tax Map 54 -A -88 (41.0 acres) and Tax Map 54- A-90 (181.032 acres), among the land records of Frederick County and totalling some 222.032 acres in the aggregate. The Property shall be considered one parcel for the purposes of this Easement and the restrictions and covenants of the Easement shall apply to the property as a whole rather than to the individual parcels. AND SUBJECT, HOWEVER, to the restriction that the Grantee or its successors and assigns may not transfer or convey the open -space Easement herein conveyed to the Grantee unless the Grantee conditions such transfer or conveyance on the requirement that (I) all restrictions and conservation purposes set forth in the conveyance accomplished by this deed are to be continued in perpetuity, and (2) the transferee is an organization then qualifying as an eligible donee as defined by section 170(h)(3) of the Internal Revenue Code of 1986, as amended, and the applicable Treasury Regulations promulgated thereunder. 2 This conveyance is further made subject to all matters of record, which may affect the Property. 0 Pursuant to the Land and Water Conservation Fund (herein called the L&WCF) Act of 1965 (16 USC 460L- 8(0(2)), the Governor has appointed the Director of the Department of Conservation and Recreation (hereinafter the Director of DCR) as the State Liaison Officer (hereinafter the SLO) to represent and act for the state in dealing with the Director of the National Park Service regarding the L&WCF Program The Director of DCR as the SLO is responsible for periodic onsite inspections; for receiving notice of any pending changes in usage of the Property that may result in a conversion to other than outdoor recreation uses; for the initial decision pursuant to Section 6(0(3) of the L&WCF Act (also 16 USC 460L- 8(f)(3) and 36 CFR 59.3) that the above described Property shall not be converted; and, for recommending a conversion decision and any related mitigation solution to the United States Secretary of the Interior (hereinafter the Secretary). The Secretary shall approve such conversion only if he finds it to be in accord with the then existing comprehensive statewide outdoor recreation plan and only upon such conditions as he deems necessary to assure the substitution of other recreation properties of at least equal fair market value and of reasonably equivalent usefulness and location. Restrictions are hereby imposed on uses of the Property pursuant to the public policies set forth above. The acts which the Grantor and its successors, personal representatives and assigns covenant to do and not to do upon the Property, and the restrictions which the Grantee is hereby entitled to enforce, are and shall be as follows: 1. Accumulation of trash or refuse is not permitted on the Property. 2. No billboards (i.e. signs for whose display compensation is paid) are permitted on the Property. No sign on the Property shall be larger than nine square feet in size, except such as may by permitted under Paragraph 7 herein for purposes of interpreting the Property as a Civil War battlefield, or required pursuant to the federal grant described above. Signs exceeding nine square feet in size must have written approval by the Grantee. 3. Division of the Property in any manner is prohibited 4. Management of forest resources shall be in accord with a forest stewardship plan approved by the Grantee. All forestry activities shall be carried out so as to preserve the environmental and scenic quality of the area. Best Management Practices, as defined by the Department of Forestry, shall be used to control erosion and protect water quality. The Grantor, or its successors or assigns, shall notify the Grantee no later than 30 days prior to the start of any material forest activity as well as within 7 days of its completion. The primary goals of the forest stewardship plan shall include the restoration and maintenance of the historic tree cover related to the battlefield. 3 5. Grading, blasting or earth removal shall not materially alter the topography of the Property except as required in construction of permitted buildings, structures or amenities connecting private roads, and utilities described in paragraph 7 below. Mining on the Property is prohibited. 6. Archaeologically significant deposits, sites, or features on the Property shall not be intentionally disturbed or excavated except by or under the supervision of a professionally qualified archaeologist and provided plans for such archaeological activity have been submitted to, and approved by the Virginia Board of Historic Resources or its successor organization prior to any ground- disturbing activities. Artifacts and objects of antiquity professionally excavated from archaeological deposits, sites, or features on the Easement Property shall be treated and preserved according to the Department of Historic Resources State Curation Standards (March 24, 1998). The Grantor shall take all reasonable precautions to protect archaeological deposits, sites, or features on the Easement Property from looting, vandalism, erosion, mutilation, or destruction from any cause. 7. No building, structure, or amenity shall be built or maintained on the Property other than (i) buildings or structures existing on the Property as of the date of this Easement; (ii) buildings, structures, and amenities such as a visitor center, parking facilities, footpaths, roads and utilities that serve permitted buildings or structures, and signage appropriate for the preservation, maintenance, exhibition, and interpretation of the Property as a Civil War battlefield; and (iii) reconstructions, at their former sites, of historic buildings or structures which are documented through professional historical or archaeological investigation to have been located on the Property. No new building, structure, or amenity shall be constructed on the Property without the prior written approval of the Grantee, provided, however, that the Grantee shall not issue such approval without the concurrence of the Virginia Board of Historic Resources or its successor organization. 8. No house or structure shall be demolished or removed from the Property, nor shall they be altered, restored, renovated, or extended except in a way that would be in keeping with the historic and scenic character of the Property, and provided that the prior written approval of the Grantee shall have been obtained. The Grantee shall not issue such approval without the concurrence of the Virginia Board of Historic Resources or its successor organization. 9. Development of the Property shall be limited to preservation and interpretation of the historic battlefield and accommodation of the public through visitor facilities and other amenities permitted under Paragraph 7. It is the intent of the parties hereto that the Property shall be used as a historic, educational, open space, and recreational resource for the benefit of the public. 10. Representatives of the Grantee may enter the Property from time to time for the purpose of inspection and enforcement of the terms of this Easement after permission from or reasonable notice to the owner or the owner's. representative.... 4 0 0 0 11. Grantor, or its successors, personal representatives or assigns shall notify Grantee in writing within 60 days of any transfer or sale of the Property. In any deed conveying all or any part of the Property, this shall be referenced by Deed Book and Page Number in the deed of conveyance. 12. Grantor hereby grants to the Grantee the right to enforce the conservation restrictions contained herein pursuant to applicable state law but specifically including the right to require restoration of the Property to its present condition. 13. The Grantor agrees to comply with Title VI of the Civil Rights Act of 1964 (42 USC 2000 (d)), the Americans with Disabilities Act (42 USC 12204), and with Section 504 of the Rehabilitation Act of 1973 (29 USC 794). These laws prohibit discrimination on the basis of race, religion, national origin, or disability. In implementing public assess, reasonable accommodation to qualified disabled persons shall be made in consultation with the Commission. It is understood and agreed by the parties hereto that if any part, term, or provision of this agreement is held to be illegal by the courts, the validity of the remaining portions or provisions shall not be affected, and the rights and obligations of the parties shall be construed and enforced as if the contract did not contain the particular part, term, or provision held to be invalid. Acceptance of this conveyance by the Grantee is authorized by Section 10.1 -1801 of the Code of Virginia and is evidenced by the signature of its Executive Director hereto. Assignment of this Easement is governed by Section 10.1 -1801 of the Code of Virginia. The Director of the Virginia Department of Conservation and Recreation has consented to this Deed of Easement and hereby acknowledges that the terms and conditions set forth are consistent with the Department of Conservation and Recreation's statutory powers and duties pursuant to Title 10.2, Subtitle I.of the Code of Virginia, and with the Director's responsibilities as the State Liaison Officer under the Land and Water Conservation Fund Act of 1965 (16 USC 460L- 8(f)(2)). The Virginia Board of Historic Resources has consented to this Deed of Easement and hereby acknowledges that the terms and conditions set forth herein are consistent with its statutory powers and duties under Chapter 22, Title 10.1 of the Code of Virginia. WITNESS the following signatures and seals: CIVIL WAR PRESERVATION TRUST, Grantor 0 0 Accepted: VIRGINIA OUTDOORS FOUNDATION VIRGINIA DEPARTMENT OF CONSERVATION AND RECREATION By Date: amara A. Vance, Executive Director David C. Brick le Director, Virginia Department of Conservation and Recreation 0/Y,/2 0 VIRGINIA BOARD OF HISTORIC RESOURCES /st y. Alexander Wise, Jr. Director, Department of Historic Resources Date: "v5 COMMONWEAL &INIA CITY /COUNTY O to wit I, _ass_ a Notary Public for the Commonwealth aforesaid, hereby certi d at 'tames Lighthizer, President of the Civil War Preservation Trust, Grantor, personally appeared before me this day and acknowledged, the foregoing instrument. WITNESS my hand a n d official seal this day of 'kV J am My Commission expires: .67 h7 COMMONWEALTH OF VIRGINIA My Commission expires: ,VOirZOD3 7 Not Public to wit CITY/COUNTY-OF B /euksburj I, km 4. a% /sha /M a Notary Public for the Commonwealth aforesaid, hereby certify that Tamara A. Vance, Executive Director of the Virginia Outdoors Foundation, personally appeared before me this day and acknowledged t foregoing instrument. WITNESS my hand and official seal this /Zk day of DCA4IX Notary Public \TYS\5329\5451 \Civil War Preservation Taut \Thud Winchestcr\DEED OF EASEMENT FINAL 8.24 00.doc he ,,,,11 1111, 1 /11,,, 0 0 w t SCHEDULE A PROPERTY DESCRIPTION File No.: 5795808916 Policy No.: SV 2188134 The land referred to in this policy is described as follows: PARCEL ONE: ALL of that certain tract or parcel of land located about one mile north of Winchester, on the east side of Interstate I 81. and situated in Stonewall Magisterial District. Frederick County, Virginia. containing 41.00 acres. more or less being more particularly described on the plat and survey of Richard U. Goode. C.L.S. dated February 8. 1963, of rt in the Clerk's Office of the Circuit Court of Frederick County, Va. in Deed Book 236 at page 32. PARCEL TWO: ALL of that certain tract or parcel of land ping and being situated along the south side of Virginia Route 661, in Ston Magisterial District, Frederick County, Virginia, containing 181.032 acres. more or less. together with a 60 appurtenant right of way for ingress and egress: and being the same land conveyed,to Top of Virginia.Develop Corporation: Inc by deed dated July 11, 1989 from Redbud Associates, of record in the aforesaid Clerk's Office in Book 720 at page 179 et seq., such parcel being further described on that certain plat dated October 25, 1995, en "Boundary Survey of the land of Top of Virginia Development Corporation, Deed Book 720. page 179, Ston Magisterial District, Frederick County, Virginia.", which plat is attached hereto as Exhibit A. BOTH PARCELS ONE AND TWO BELNG the same real estate conveyed to Association for the Preservation of War Sites, Inc-, a Virginia corporation, by Deed of Assumption from Top of Virginia Development Corporation, I Virginia corporation, dated November 2, 1995, recorded November 16, 1995, in the Clerk's Office, Circuit C Frederick County, Virginia. in Deed Book 849, page 173. ALTA Schedule A VIRGINIA FREDERICK COUNTY, SCE is instrument of writing was produced to ine on c 9 aewa at ID; 08887 and with certificate of acknowledgement thereto annexed was admitted to record. Tax imposed by Sec. 58.1 -802 of 10 and 58.1 -801 have been paid, if assessable Clerk UNE DIRECTION DISTANCE LI N 7692'37 E 280 00' L2 N I.027 W 210.39' L3 N 0056'56' W Ifi5.34' L4 5 621958' E 514.39' L5 5 78'4958' E 528.00' L6 N 65 99.00' L7 5 0.004`20' E 167.43' LB N 6546'08' W 815.16' 69 N 89'03 E 32.63' Printed On 11/142006 By GREYWCLFE INC CURVE I RADIUS LENCTu Cl 817.05 160.56 Set SIM, 07 I 20' FCSA Wafer Line Esn'I LECCtENt: IPP Iron Pipe Found IRS Iron Rod Sat IRE Iron Rod Found 121.8.11E JAKE !MIENE 80.54 CHORD aU1 6 4 0669) ouw E 210 89! Im N 50_Shea Coe_ m i 0I3 l 08 214 -P 413 Q O :9 �5. F I 181.032 ACRES TM 84 -A -00 NOTES' 1. No He report furnished. 2. Easements other Thal alt ten may exist. 3. The information shown nreon Is bawd an an ticked field survey completed June 1989 and recerIIRed correct this date. DAZE: OCTOBER 25, 5995 REARING 160 5 8579'09' E 1849PG0178 DELTA 71'15'33' 1 1' WS'- 0I Cwordlm in Pala me 1 h ot l'8 no P IA to T 0 5 182603' E 821.04' 05251 P u0 Set Slone w0pw a snq 50 351 Plan 1 Scale: l' BOO Pete L ems, a sle r 62) Boundary Survey of Use Land of TOP OF VIRGINIA DEVELOPMENT CORPORATION Deed Book 720 Page 179 Stonewall Magisterial District Frederick County, Virginia MARSH LEGGE Land Surveyors, P.L.C. r99 North c Street Modtemee,, VMono 22'0I (510(6670168 f6L' (310)6674469 teSit Ctah 9& U VIRGINIA FREDEllie OGL'NTY. rt. 'M1T11 nsrumaol 4 IIR.e wet ge6vood ID me 1 ant Y:m cewlllea 3 of eatllaHva9mald Warala ImnoNl ;war adrnMd b' ream!. Tex inpotnd ty Soo. 85.9'6U2 01 .0um 661801 hays be paid, 9 oa,aaauble. PLAT I. CALEB.owc Disk 41 P ;thin vey lefield Site ia Association for the Preservation of Civil War Sites, Inc. 11 Public Square. Suite 200 Hagerstown MD 21740 4-r 19-*/ 1' e: SITE TOPOGRAPHIC MAP Stephenson Quadrangle, Virginia West Vir United States Geological Survey Map Dated 1966 Photorevised 1987 Contour Interval 10 Feet Third Winchester Civil War Battlefield Si Frederick County, Virginia 500 300 '00 O 250 500 SCALE IN FEET BOON 286 PAGE 32 SMI TH 0 7:I N6B'd4'30sw PLACE I H m et �7.'_!../ ad wah orsf I wl•d aesdmaele =nun toimd. VIRGINIA RE0ERl0C COUNTY, SCT. e W tbs was Produced le tM m Ow k day d 'he above tract of land, located about 1 mile North of Winchester, on the East oien cf Interstate wuute F1, an; situate In St novel Nnfl?tsrall District, Fredorlcl. county, VIroirie, is bounded as fcllowst °ee_rninr et. (1) an iron gag it n fence corner, a corner to Ouches in Dr. uith'n limo thence with durhea 5 34 deg. 57 min. no sec, u 1452.1 feet to (2) a meta'. post in a fnnoe corner, a corner to Place in Ruches' line., thence with Place N 68 deg. 44 min. 30 sec. V 537.0 feet tc (3) a stake in the East right- cf -vay line of Interstate ute °1, thence with a cure to the lett,and with the East richt -of -way line of Interstate °oute P1, the sub-chord bearing end distance being U 3 dec. 4'' min. or sec. V 1131. feat to (4) a stake., thence still with the East right -cf -way 'line of Interstate °cuts 81 N 8 dep. 19 min. 22 cec. V 91A.76 feet. to (5) on Sr. n net in '.ho South line of thn land of 1r. Smith., thence with Dr. Smith 5 55 deg. 57 min. 50 see. E 1P5P..77 feet to thu print of Leglnninl, conteii1fl 41.' A-r-r Marx or les a Ri -h_d U. Goode, rertlfton Surveyor, FoLrunr•; t, 19'3.