HomeMy WebLinkAbout20-06 DeedDocument Prepared by:
McGuirdbods LIP
1750 Tysons Blvd., Ste. 1800
McLean, VA 22102 -4215
DEED OF EASEMENT
u
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
C
Tax Parcel No. C
54 -A -88 (41.0 ac.) C
54 -A -90 (181.032 ac.)
THIS DEED OF EASEMENT is made this L X & day of
2000, between the CIVIL WAR PRESERVATION TRUST, a Virgg 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
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: /c/ Lt. Gen. Jubal Early; /u/ Maj.Gen. Philip Sheridan
Forces Engaged: /c/ about 15,200; /u/ about 3 9,23 6
Casualties: /c/ 3,611 (226k/ 1,567w/ 1,818 m &c); /u/5,018
(697k/ 3,983w/ 338m).
� s
The Third Battle of Winchester on September 19, 1864, was the largest and most O
desperately contested battle of the Civil War in the Shenandoah Valley, resulting in more co
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 (1) 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.
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Now
This conveyance is further made subject to all matters of record, which may affect
I the Property.
Pursuant to the Land and Water Conservation Fund (herein called the L&WCF)
Act of 1965 (16 USC 460L- 8(f)(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(f)(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:
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.
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H
5. Grading, blasting or earth removal shalt not materially alter the topography of the 0
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.represeutative.
11. Grantor, or its successors, personal representatives or assigns shall notify Grantee
j in writing within 60 days of any transferor 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(0(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
By ��.� (SEAL)
es Lig de
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0
0
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Accepted:
VIRGINIA OUTDOORS FOUNDATION N
g I her IZfS&
Tamara A. Vance, Executive Director
VIRGINIA DEPARTMENT OF
CONSERVATION AND RECREATION
B (!2 b (SEAL)
David C. Brickle
Director, Virginia Department of
Conservation and Recreation
Date: /O�y L?t7
VIRGINIA BOARD OF HISTORIC RESOURCES
_. SEAL)
Alexander Wise, Jr.
� Director, Department of Historic Resources
Date: do
-6
- o
COMMONWEAL 7GINIA, ) w
to wit
CITY /COUNTY O
I, a Notary Public for the Commonwealth
.aforesaid, hereby certi t Waines Lighthizer, President of the Civil War
Preservation Trust, Grantor, personally appeared before me this day and acknowledged
M � `
the foregoing instrument. ........ . � .,,I �.; ,,•:,
WITNESS my hand and official seal this / day of : •'OOb! o
A. ,
_ = o
Not Public
My Commission expires:
COMMONWEALTH OF VIRGINIA )
to wit
CITY /E6`OF 8 /autsburo - )
I, Am q aaho /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 the
foregoing instrument.
WITNESS my hand and official seal this /Ylk day of Ochbu" b�
Notary Public
My Commission expires: 3 /OCT ZOD3
\ \TYSW29\5451 \Civil War Preservation Tmt \Third WlnchesteADEED OF EASEMENT -FINAL - 8- 24 -OO.doc
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• SCHEDULE A
PROPERTY DESCRIPTION
O'
File No:: ST95808916 . Policy No.: S V 2138131 C_
The land referred to in this policy is described as follows: -17
PARCEL ONE:
?.LL 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 Frederic: County, Virginia. containing 11.00 acres. more'or less
being more particularly described on the plat and survey of Richard U. Goode. C.LS» dated February 8,1963, of re
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 hing 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 730, page 179, Ston
Magisterial District, Frederick County, Virginia, ", which plat is attached hereto as Exhibit :1.
BOTH PARCELS ONE AND TWO BEING the same real estate conveyed to association for the Preservation of
War Saes, 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.
VIRGINIA: FREDERICK COUNTY, SCT.
nstrument ofw�itingwas produced tome on
r/9 � at /D; Od�'f�V
; ,l ith ce ificwe of acknowledgement thereto annexed
was admitted to record. Tax imposed by Sec. 58.1 -802 of
s and 58.1 -301 have been paid, if assessable
4 ew Clerk
ALTA
Schedule A
Printed On 11/142006 By GREYWOLFE INC
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CURVE TABJ
CURLf RAONS LENC (ANON 16 BFAFMC DaN
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N 65'J227 E
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N 65'4608 W
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VIRGINLI FRBDERWK OOVNTY. SIT,
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IRS Iron Rod Sal
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et
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mil creNmx a of aJUaHRd6mam U¢.rav wmox� d
sr�f pdrnarl n record. Teu mpwed ty 0nc. 60.1. Ile of
o r96rS ria e 661 -601 Iwa been Paid, I W,.,iiole.
N OTES'
I. No Ulle report furnished.
2. Easements other that ohown may eelst.
3. The laramatle, ehuwn haanr Is based as
Boundary Surm7
an actual field survey completed June 1989 and
of the land of
recertified correct this dale.
TOP OP VIRGM DUELOPMEW CORPORA110N
�T H ar
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Deed Book 720 Page 179
Stonewall MaglelerW DI rtct
i
Rcderick Cowlty, VlrgUila
Y I LA Z
CERTIFICATE N . .. OAIE: OCTOBER 25, 1995
Scale: 1" =800'
U 19] D
�125/9S
PLAT a: CALEB.
MARSH d LEGGE Blrl - 41
land Sumyor9. PLC.
LANG
SURVEYOR 599 NOrlh
Omelell $Ife[l NlNtlreler,Vhalde 9601
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001667U169 Fm.'13ro1667a69
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SITE TOPOGRAPHIC MAP
Stephenson Quadrangle, Virginia - West Vir
United States Geological Survey
Map Dated 1966
Photorevised 1987
Contour Interval 10 Feet
Iefield Site Bv: USGS --
ia Scale: 1:24.000
i Association for the Pre= ation of Ci\il
War Sites, Inc. Third Winchester Civil War Bardefleld Si
I I Public Square, Suite 200 Frederick County, Virginia
Hagersto,\n MD 21740
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'he •.hove tract of land, located about 1 mile North of vinchoeter, on the Fast akin cf
Interstate wwte El, ;vtl altuatc !n Sly. nnvall Nsrintarnll District, Fredori6.. County,
Vir-irie, to bcunded as fcllove:
Rev_rnlnr e t. (1) an Srcn peg Sr n ferce corner, a corner to Eurhes in Dr. Suit him lime
thence with duphes S 34 dog. 57 ni a. 00 set.. w !457.1 foot to (7) a nets? poet in a
fonco cornea, a corner to Place in Ntrheat line., thence with Place N 68 deg• 44 min.
30 sec. V 537.0 feet to (3) a ateke in the feet riFht- cf -vsv line of Interstate
R:ut.e °1, thence with a curve to the left,and with the East rivht -of -way 11nw of
Interstate Route el, the aub -ohord betriN ind dtatence balm 83 dor. 4'� min. or
sec. w 1131. feet to (4) a stake., thence sttll with the Fast rlFMrcf- wsy'lina of
Int.erstnte Route 81 w F deg. 19 stn. 7: sec. 4 91A.M` feet. to (5) en Srir, out in
thu South line of thn land of nr. Smith., th +ncs with Dr. Smith S 55 der. 57 nir,.
50 see. E 1F59.77 feet to the {win: of Lorinnlnf, contulidty 41.' A•rry 'lore ar
les'. n Q n tn
pi A V. ua,rtlSl
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rertifted Survcycr,
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VIYOINIA FREDRICK COUNTY, SCT. , 1 �
1''j = J311ww �''�M tMa wm produced IN Mr en dr of
12 . and with wafit .406.1ndgemmi aneasd sna I
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