HomeMy WebLinkAbout03-06 Deed & Platsl
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2707r- 6/27/86
DEED
THIS DEED OF BXRGAIN AND SALE made this
day of June, 1986, between UNITED STATES STEEL CORPORATION,
a corporation organized and existing under the'laws of the
State of Delaware ('Grentor') and CHEMSTONE CORPORATION, a
corporation organised „and existing under the laws of the
State of Delaware ('Grantee").
BK62OPC186
WITNESSETH:
That for and in consideration of the sum of Three
Hundred Fifty Thousand Dollars 435D,090.00) paid by Grantee
to Grantor, the receipt whereof is hereby acknowledged, the
Grantor does hereby grant, bargain, Bell and convey,with
SPECIAL WARRANTY OF TITLE unto the Grantee in fee simple,
together with all rights, privileges and appurtenances
thereunto belonging:
All that tract of land, located about 1.5
miles northwest of Middletown on Virginia
State Routes 4625, 0627 and 6758, and situate
in Opequon Magisterial District, Frederick
County, Virginia, containing 539.451 acres,
more or less, as more particularly described
by that plat and description by C. J. Rinker,
Jr., C.L.S., dated June 25, 1986, a copy of
which is attached hereto and by this reference
made a part hereof which land is described by
mates and bounds as follows:
Beginning at an iron pin set on the Southeast
side of State Route 475a and a corner with
Flintkote CO,; thence with the Southeastern
lines of the said road N 39. 53' 03' E 506.05
feet to an iron pin set; thence N 38. 51. IS
E. 423.76 feet to an iron pin set; thence N
39 ' 32' 58' E 640,55 feet to on iron pin
set; thence N 39. 56' 01' E 1,296.56 feet to
a point in the center of State Route 4627 and
a corner with Kenneth P. Boyer; thence with
the general centerline of the said road and
the said Eoyer's lines N 58. 34' 51' W 24.61
feet to a railroad 'spike found; thence N 71'
51' 15' W 762.09 feet to a point, a corner
with Wanda R. ProeBcher; thence with the said
Proescher's lines R 48' 10' 25' E 1,030.98
feet to an iron pin set in an old broken off
fence post, at an old fence corner; thence S
42. 53' 33' E 198.00 feet to.an iron pin Bet
at an old fence corner; thence with another of
the said Proescher's lines and continuing with
Garland N. Snapp, et. alS. line N 48. 03. 52'
E 1,774.42 feet to an iron pin set at a
corner with J. J. Pickerel) thence with the
said Pickerel's lines S 56. 49' 53' E
3,699.27 feet to an iron pin set; thence S 33'
20' 32' W 1,675.02 feet to an iron pin found;
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thence 8 47. 56' 38' W 578.15 feet to an iron
pin set at an old fence corner, a corner with
Richard A. Oya; thence with the said Dye's
lines 5 53' 23' W 954.20 feet to a point
In Middle Harsh Brook; thence down the said
Brook with the general meanders thereof 8 57'
54' 13' N 321.85 feet to a point; thence S
40 31' 00' W 179.03 feet to a point; thence
8 34. 15' 00' W 76.22 fast to a point) thence
6 50. 31' 00' W 53.16 feet to a point) thence
8 40' 01 00' W 100.30 feet to a point;
thence 6 43' 01' 00' W 100.30 feet to a
point; thence S 41. 46' 00' W 100.30 feet to
a point; thence S 08 31. 01' W 16.05 feet to
a point) thence 6 44' 46' 00' W 54.16 feet to
a point; thence N 60' 26' 00' N 20.56 feet to
a point; thence 8 70. 49' 00' W 23.07 feet to
a railroad spike set in State Route 8627;
thence down the said road and continuing with
the said Dye's line 6 44. 22' 31' E 2,621.42
feet to a point in State Route 4625, a corner
with Harold G. Nichols; thence with the said
road and the said Nichols' line S 48 30' 14'
W 834.12 feet to a railroad spike net at a
corner with Edith M. Renner) thence with the
said Renner's line S 48' 54' 38' W 569.68
feet to a planted limestone rock found at a
corner with Vernie D. Garrett; thence with the
said Garrett's lines N 47' 21' 22' W 1,346.03
feet to an iron pin set; thence 6 36' 29' 59'
N 2,939.60 feet to an iron pin set at a corner
with James H. Garrott, et. ale.; thence with
the said Garrett's line N 29 54 46' W
196.47 feet to an iron pin found at a cornet
with the Flintkots Co.; thence with the said
Co.'s lines N 36' 34' 41' E 1,301.31 feet to
an iron pin set; thence N 41' 30 31' W
1,917.08 feet to an iron pin found by an old
fence post; thence N 42' 39' 21' E 62.27 feat
to an old fence post found at a fence corner;
thence N 43 20' 04' W 1,629.84 feet to the
point of beginning and containing 539.451
Acres more or less.
The aforesaid property is the same property
eonveyod to United States Steel Corporation by the
following deeds: (1) Deed dated January 29. 1955, from
Vernie 0. 'Garrett. at vir,_recorded in the ClerYs
Office of the Circuit Court for Frederick County,
Virginia, in Deed Book 235,. at Page 112; (2) Deed dated
January 29, 1955, from Irvan T. O'Connell, et us,
recorded in the aforesaid Clerk's Office in Deed Book
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235, at Page 114; (3) Deed dated January 29, 1955, from
J. J. Pickerel, at us, recorded in the aforesaid
Clark's Office in Dead Book 21 at Page 117; and (4)
Deed dated March 31, 1955, from Paul 0. Cooley, at als,
Yoeordod in the aforesaid Clark's Office in Deed Book
136, at page 27; 1568 ABU 1XMX the property conveyed
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by Grantor to the Commonwealth of Virginia for the
widening and improvement of a portion of Route 758,
recorded in the aforesaiid Clark's Office fLA Deed Book
420, at Page 542, and a tract of land containing 32.529
acres, more or less, conveyed by Grantor to J. J.
Pickerel, at us, by deed dated February 9, 1956, and
recorded in the aforesaid Clark's office in Dead Book
240, at Page 175.
Grantor hereby reserves to itself, its
successors and assigns a royalty on all limestone or
dolomite produced from the property described in Tracts
I, II, III and IV above and either Qa) sold, (b)
crushed, sized and sold or (c) after having been
crushed and sized, processed for sale by any other
process, such as introduction to Grantee's kilns. The
royalty shall be paid quarterly on the 25th day of the
month following the last month of each calendar quarter
during a calendar year and will be the product
resulting from multiplying $0.025, hereinafter referred
to as the •Reference Rate °, by the total net tons of
2,000 pounds each which are (a) sold, (b) crushed,
sized and sold, or (c) after having been crushed and
sized, processed for sale by any other process, during
each calendar quarter during the term of this
Agreement. No royalties shall be payable on unsold or
unusable by- product unless or until sold or used.
• The Reference Rate referred to in the
preceding paragraph shall be adjusted for each year to
take account of the variation in the average annual
price for Lime in the United States as determined by
the United States Department of the Interior,'Bureau of
Mines. The value of this average price for Lime for
1985 will constfitute the base for determination of the
adjustment to the Reference Rate, but in no event will
the Reference Rate be less than 60.025. For the
purpose of such adjustment, it is agreed that the
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average price for Lime for 1955 is $50.50 per net ton
of 1,090 poeads.
The adjusted Reference Rate for any particular
calendar year shall be an amount which bears the same
ratio to 4.025 as the average price per ton for lime
for ouch your bears to $Sd.50. Repressed as a formula,
the adjusted Reference Rote (z) would be detocminod an
follows if the average price of lime increased to $60:
160,00 x
R - $.0297
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In the event that the United States Department of
the interior. Bureau of Riess or a successor agency of the
United States Government ceases to publish an average
annual price for Lime, the Reference Rate will be adjusted
according to the variation in average annual price for Liam
produced from the promises determined on an F.O.D. basis
for any calendar year after 1905.
when mining has occurred, Grantee shall furnish
within twenty -five (25) days after the end of each calendar
quarter of any calendar year to Grantor reports of
production from the property and of limestone or dolomite
sold or processed for sale during that quarter and within
e5 days after the end of each calendar year Grantee shall
furnish maps and sections to enable Grantor to verify the
reported production. Grantor shall be entitled to audit
such reports and other supporting data. Should Grantee and
Grantor be unable to agree as to what production has
occurred, then Grantee and Grantor agree to submit such
issue to binding arbitration. Each party shall select one
arbitrator familiar with the production of limestone and
the two arbitrators selected shall choose a third
arbitrator familiar with the production of limestone to act
as chairman. Both parties shall be bound by the decision
CC the arbitrators. Each party shall boar all of the fees
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and expenses of its own arbitrator and pap one-half of the
y fee and expense of the third arbitrator.
? Th'.ia conveyance :1e matle sulbjact to all, reads and
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highways sad the restrictive covenants, conditions and
rights of way of record affecting the property hersinbefore
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described.
5
'Attest! t
UNITED STATES STEEL CORPORATION
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Assjsta4b:secretary
0. Colombari
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Senior Vice President-
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Steel Related Resources
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COMKONMMTN OF PENNSYLVANIA >
) SS:
COUNTY OF ALLEGNERY )
On this L-3 7t/ day of June, 1966, before me, a
Notary Public in and for said County, personally appeared O.
Colombari, who acknowledged himself to be Senior Vice
President -Steel Related Resources of United States Steel
Corporation, a corporation, and he, as such officer, being
authorised to do so, executed the foregoing instrument for
the purposes therein contained by signing the name of the
Corporation by himself, as such officer.
In "I1'NSS9 MMR1WF, I hereunto sat my hand and
official goal.
Notary Publi
uaLam
my Commission expltog
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CARL J. RINKE R AND ASSQC. M Z5- EMG%EERS�U:tl K MKM LAWYERS ROW
ODSTOCK YA 22664 w
PH 7034593715
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CARL J. RINKER & ASSOCIATES
Lotl Swa7ds • Enpnewl • iwl Phmnn tserywi Roe
Wooeeoc%. VA22au
170711604716
This tract of lead is located about 1.3 nil** Northwest of Middletown, an State
Rostoo 4623, 4627 6 4758, in Opaque Magistarial Diatrtot, Proderick County, Virginia
and in described by rotes and bounds as follows:
1
beginning at an free pia set an the Southeast aide of State Rout* 4758 and a
career with nutkate cc.; thence with the Southeastern Lines of the said road
N 39 33' 03" It 306.03 foot to an iron pin 1st; thence N 38' 51' 18" 1 423.76 feat
to an iron pin not; thoate N 39' 32' 58" N 640.55 fact to an Iron pin ant{ thane
N 39' 56' O1" 1 1,296.36 fast to a point in the canter of State Routs 4677 and a
corner with lamath P. loyar; thence with the general centerline of the said road
and the said lopes'• lines N 38' 34' 51" N 24.61 feet to a railroad spiky found;
thence N W 31' 15" V 762.00 feet to a point, a corner with Wanda R. Proaachar;
chance with the said Proascbor's lines N 48' 10' 25" b 1,030.98 feet to an itca
pin cot in an e14 broken off fence post, at an old fence corner; thence S 42' 53'
33" 1 198.00 fact to an irm pin eat at an old fence corner, thence with another
of the said fr000eber's Ilona and continuing with Garland M. Snapp, at. als. line
N 48 OS' 52" 1 1,774.42 foot to an iron pin net at a cornet vith J. J. Pickoral;
thence with the Raid Pickeral'o lines 8 56' 49' 53" 1 3,699.27 fact to an iron pin
not; thence 0 33' 20' 32" V 1,673.02 fact to an iron pin found; thence 6 67' 56'
38" V 378.15 feet to an iron pia eat at in old fence turner, a ==at with
Richard 4. Sys; than with the said Dya's linen N 44' 53' 23" V 954.20 foot to a
point fa Middle VAreh breoh; chants down the said Brook with the general wanders
thereof 8 37 54' 11" 9 UL031"t to a paint; thence 9 40' 31 OD" V 179.03
194 -- —
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CA.Z:..:. X-NKER & ASSOCATIES
Lard Surveyors . En9nemf n Laid P~I Lawyers'Row
' Woodsock, VA MU
1703) 4594715
to a points thence 3 34' 16' 00" W 76,21 feet to a pointy thence 8 50' 31' 00" W
53.16 feat to a point; thence 8 40' 01 00" Y 100.30 fast to a point; these
S 43' 01' 00" W 100.30 fact to a point; thence 8 41 46' 00" W 100.30 fact to a
point; thence S 08' 31' 01" W 16.05 feet to a point: thence S 44' 46' 00" W 54.16
foot to a point; thence N 60' 26' DO" W 20.56 foot to a point; thence S 70' 49' 00" W
23.07 foot to a railroad spike act in State Route 1627; thence, down the said road and
containing with the said Dye's Line 3 44' 22' 31" S 2,621.42 feet to a point LA State
I ,
Route 4625, a comer with Retold G. Nichols; thence with the said road and the said
Nichols' line S 48' 30' 14" W 834.12 feat to `& railroad spike out at a corner with
I Mich N. Benner; thence with the said Semer's line S 48' 54' 38" W 569,68 feet to a
planted lfaus[ona cock found at a corner with Vemie D. Garrett; then with the said
I I Carratt's lines N 47 21' 22" W 1,346.03 feet to en iron_ pia, set; thence S 36' 29'
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59" W 2,939.60 feet to an iron pin set at a corner with Janes R. Caaratt, et, -els.;
thence with the said Garrett's line N 29' 54' 46" W 196.47 feat to an iron pin
found at a comer with the Flintkote Co.; thence with the said Co.'s lines N 36' 34'
41" g 1,301.31 fact to in iron pin sat; thence 8 4l' 30'31" W 1,917.08 feet to an
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Iran pin found by an old fence post; thence N 42' 39' 21" R 62.27 feet to an old
fence post found at a fence comer; thence N 43' 20' 04" W 1,629.84 feet to the
4
!� point of beginning end containing 539.451 Acres oars or feu,
t�
This Tract of land was surveyed on June 25, 1986 by C. J. SINGER. JR., C.L.S.
Frepared � j 'i L 1. tMa X s�
I CARL I RINKEFi SID Ate.; a � ��� a�aa a.
;i 1ANOSOa' WAS-EN01REEt5 -UN AMNE88 I r� 54I7.31e)0102 �{
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WOODSTOM VA 22Ci6C� '! "8n LA>tio
E PH 703.459.4715. t+b+� �� I.
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THIS QUIT-CLAIM DEED, made and dated this day of
W u.5 1 1984, by and between CHEMSTONE CORPORATION, an
Ohio corporation, party of the first part, hereinafter called
the Grantor, and CHEMSTONE CORPORATION, a Delaware
corporation, party of the second part, hereinafter called the
Grantee.
WITNESSETH: That in consideration of the sum of Ten
Dollars ($10.00) and other valuable considerations paid the
Grantor by the Grantee on or before the delivery of this Deed,
the receipt of all of which is hereby acknowledged, the
Grantor does hereby quit -claim unto the Grantee all of its
right, title and interest, in and to the following real
estate:
"
All of those five (5),parcels of land in Davis
Magisterial District, Shenandoah County, Virginia,
-
north of Fishers Hill, southeast of and adjoining
-
the right of way of the Southern Railway and south-
west of Virginia Secondary Highway Route 639, being
\.
the approximately 99.313 acre aggregate of the
remainder of the parcels conveyed to Chemstone
Corporation, an Ohio corporation, by deed of
assignment dated December 20, 1956, and recorded
in the Office of the Clerk of the Circuit Court
of Shenandoah County, Virginia, in Deed Book 187,
at Page 472.
IN WITNESS WHEREOF, CHEMSTONE CORPORATION, an Ohio
corporation, has caused this instrument to be executed by its
Vice President and attested by its Assistant Secretary in
accordance with proper corporate resolution heretofore
adopted.
CHEMSTONE CORPORATION
BY �,. ,,. (SEAL)
_
- Vicef.Preside_nt
L MOXANAN. Emou
ATTEST:
' 1XAN k MITCHELL
ROPPCY. AT 4W
TEAlHP4. VIPOIN4
ICXCCTEP. VIP GINN
Assistan S cretary /
EBUK 476
TATE OF
OF to -wit:
T , . .
° I, v a Notary Public in and for
the State and jurisdicti aforesaid, do hereby certify that
e• , whose name is signed as Vice
President of CHE STONE CORPORATION, to the foregoing
instrument,
instrument, bearing date on the * day of ,
1984, has personally appeared before me and acknowledged the
same in my State and jurisdiction aforesaid.
Given under my hand this _V day / of 1984.
My Commission expires �
. eP
NJOTA17 PUBLI
Mf Gb:nmcsion cx]ir , Ja. 22. 0e;
SA:NANWAN pNmT. M men; TWO. was'."'d al the
The Ixr,Ma( mi:int T�dI cutiliate el uJlmnkd4
Clni:]9¢e al aFS WanI:.Thm:M:o lewld Tnd lndeaed. The lam'vmpme,lq Se
... and lhi of :M Cade hssa W Csid. Q''
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this nt of
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�k`� M. lone:
MONAxAN. Excs[
INAN R MITCx6i
I...N .1T 4W
Me.... VIIIOIN4
¢xcaax. nnolxu
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THIS DEED, made and dated this 1st day of August, 1984,
X13 Sy and between CHEMSTONE CORPORATION, an Ohio corporation,
party of the first part, hereinafter called the Grantor, and
CHEMSTONE CORPORATION, a Delaware corporation, party of the
second part, hereinafter called the Grantee.
WITNESSETH: That in consideration of the sum of Ten
Dollars ($10.00) and other valuable considerations paid the
Grantor by the Grantee on before the delivery of this
Deed, the receipt of all of which is hereby acknowledged,
the Grantor hereby grants and conveys, with special warranty
(except that Grantor does not warrant the accuracy of the
attached plats and surveys), unto the Grantee in fee simple,
the following.described real estate, together with all
rights of way, privileges and appurtenances thereto belong-
ing and subject to all easements, rights of way and legally
enforceable restrictions affecting such realty:
TRACT ONE: So much of the property of the party
of�irst part lying and being in Opequon
Magisterial District, Frederick County, Virginia,
and Davis Magisterial District, Shenandoah County,
Virginia, as contains 894.892 Acres, as is shown
on a plat and survey of Carl J. Rinker and
Associates, certified land surveyors, dated July
24, 1984, attached hereto, to be recorded here-
with, and to be read as a part hereof for a more
accurate description of the property herein con-
veyed.
For derivation of the title to said property, see
the deeds appearing of record in the Office of the
Clerk of Shenandoah County, Virginia, to -wit:
- Deed Book 308, Page 756;-Deed Book 430, Page 442;
1 Deed Book 270, Page 365; -Deed Book 217, Page 591;
Deed Book 199, Page 378;-Deed Book 377, Page 135;
Deed Book 199, Page 162;-Deed Book 199, Page 374;
Deed Book 244, Page 143;' °Deed Book 187, Page 472;
'Deed Book 274, Page 634.
TRACT TWO: All that certain parcel of land lying
and situate in Davis Magisterial District,
Shenandoah County, Virginia, and said to contain
0.398 Acres, more or less, as is shown on a plat
and survey of Carl J. Rinker and Associates,
certified land surveyors, dated July 24, 1984,
attached hereto, to be recorded herewith, and to
be read as a part hereof for a more accurate
. BOOK 4 1 6PAG• z
description of the property herein conveyed; and
being the same property conveyed to the Grantors
herein by deed of record in the Office of the
- Clerk of Shenandoah County, Virginia, in Deed Book_
274, at Page 634. Less and excepting therefrom
0.007 acres more or less, as shown on that plat
and survey of P. Duane Brown, C.L.S., dated
December 14, 1981, and attached to that certain
deed dated the 6th day of May, 1982, from
Chemstone Corporation, an Ohio corporation; to the �b
Board of Supervisors of Shenandoah County, A IL
Virginia, not yet of record. "
IN WITNESS WHEREOF, CHEMSTONE CORPORATION, an Ohio
corporation, has caused this instrument to be executed by
its Vice President and attested by its Assistant Secretary
in accordance with proper,corporate resolution heretofore
adopted. "'�'.
CHEMSTONE CORPORATION
BY TS odual
li ce PE55Xde t '� c
ATTEST: I rp J1 „-3
- - .Assistant •C r
\. TA�^a, TE OF NEW JERSEY
to
-wit:
i
I, a Notary Public in and for the
State an urisdicti aforesaid, -do hereby certify that
LES. C. VINNEY, whose name is signed as Vice President of
CHEMSTONE CORPORATION, to the foregoing instrument, bearing
date on the 1st day of August, 1984, has personally appeared
before me and acknowledged the same in my State and
jurisdiction aforesaid.
Given under my hand this 3 Or" 4 day of ,
1984,:' ` "�N Cr:
My Commission expires
3w• O % 0
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LNO TITLE DEPORT FURNISHED. NISHED. ra
2. EASEMENTS OR RIGHTS P .�, P. DUANE • y
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PLATS AND RECORDS.
PLAT OF
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2707r- 6/27/86
DEED
✓� \ THIS DEED OF BARGAIN AND SALE made this
day of June, 1986, between UNITED STATES STEEL CORPORATION,
a corporation organized and existing under the laws of the
State of Delaware ( "Grantor ") and CHEMSTONE CORPORATION, a
corporation organized and existing under the laws of the
State of Delaware ( "Grantee ").
.WITNESSETH:
That for and in consideration of the sum of Three
Hundred Fifty Thousand Dollars ($350,000.00) paid by Grantee
to Grantor, the receipt whereof is hereby acknowledged, the
Grantor does hereby grant, bargain, . sell and convey,with
r- SPECIAL WARRANTY OF TITLE unto the Grantee in fee simple,
9 together with all rights, privileges and appurtenances
thereunto belonging:
All that tract of land, located about 1.5
( miles northwest of Middletown on Virginia
State Routes #625, #627 and #758, and situate
in Opequon Magisterial District, Frederick
County, Virginia, containing 539.451 acres,
more or less, as more particularly described
by that plat and description by C. J. Rinker,
Jr., C.L.S., dated June 25, 1986, a copy of
which is attached hereto and by this reference
made a part hereof which land is described by
metes and bounds as follows:
Beginning at an iron pin set on the Southeast
side of State Route #758 and a corner with
Flintkote Co.; thence with the Southeastern
lines of the said road N 39" 53' 03" E 506.05
feet to an iron pin set; thence N 38° 51' 18"
E 423.76 feet to an iron pin set; thence N
39 " 32' 58" E 640.55 feet to an iron pin
set; thence N 39 56' 01" E 1,296.56 feet to
a point in the center of State Route #627 and
a corner with Kenneth P. Boyer; thence with
the general centerline of the said road and
the said Boyer's lines N 58° 34' 51" W 24.61
feet to a railroad spike found; thence N 71
51' 15" W 762.00 feet to a point, a corner
with Wanda R. Proescher; thence with the said
Proescher's lines N 48 10' 25" E 1,030.98
feet to an iron pin set in an old broken off
fence post, at an old fence corner; thence S
42° 53' 33" E 198.00 feet to an iron pin set
at an old fence corner; thence with another of
the said Proescher's lines and continuing with
Garland N. Snapp, et. als. line N 48° 03' 52"
.( E 1,774.42 feet to an iron pin set at a
corner with J. J. Pickeral; thence with the
said Pickeral's lines S 56° 49' 53" E
3,699.27 feet to an iron pin set; thence S 33°
20' 32" W 1,675.02 feet to an iron pin found;
0
8KG20PG187
thence S 47" 56' 38" W 578.15 feet to an iron
pin set at an old fence corner, a corner with
Richard A. Dye; thence with the said Dye's
lines N 44 53' 23" W 954.20 feet to a point
in Middle Marsh Brook; thence down the said
Brook with the general meanders thereof S 57"
54' 13" W 321.85 feet to a point; thence S
40" 31' 00" W 179.03 feet to a point; thence
S 34" 16' 00" W 76.22 feet to a point; thence
S 50" 31' 00" W 53.16 feet to a point; thence
S 40" 01' 00" W 100.30 feet to a point;
thence S 43" 01' 00" W 100.30 feet to a
point; thence S 41 46' 00" W 100.30 feet to
a point; thence S 08 31' 01" W 16.05 feet to
a point; thence S 44 46' 00" W 54.16 feet to
a point; thence N 60° 26' 00" W 20.56 feet to
a point; thence S 70" 49' 00" W 23.07 feet to
a railroad spike set in State Route #627;
thence down the said road and continuing with
the said Dye's line S 44 22' 31" E 2,621.42
feet to a point in State Route #625, a corner
with Harold G. Nichols; thence with the said
road and the said Nichols' line S 48 30' 14
W 834.12 feet to a railroad spike set at a
corner with Edith M. Renner; thence with the
said Renner's line S 48 54' 38" W 569.68
feet to a planted limestone rock found at a
corner with Vernie D. Garrett; thence with the
said Garrett's lines N 47 21' 22" W 1,346.03
feet to an iron pin set; thence S 36" 29' 59"
W 2,939.60 feet to an iron pin set at a corner
with James H. Garrett, et. als.; thence with
the said Garrett's line N 29 54' 46" W
196.47 feet to an iron pin found at a corner
with the Flintkote Co.; thence with the said
Co.'s lines N 36" 34' 41" E 1,301.31 feet to
an iron pin set; thence N 41" 30' 31" W
1,917.08 feet to an iron pin found by an old
fence post; thence N 42" 39' 21" E 62.27 feet
to an old fence post found at a fence corner;
thence N 43" 20' 04" W 1,629.84 feet to the
point of beginning and containing 539.451
Acres more or less.
The aforesaid property is the same property
conveyed to United States Steel Corporation by the
following deeds: (1) Deed dated January 29, 1955, from
Vernie D. Garrett, et vir, recorded in the Clerk's
Office of the Circuit Court for Frederick County,
Virginia, in Deed Book 235, at Page 112; (2) Deed dated
January 29, 1955, from Irvan T. O'Connell, et ux,
recorded in the aforesaid Clerk's office in Deed Book
235, at Page 114; (3) Deed dated January 29, 1955, from
J. J. Pickeral, et ux, recorded in the aforesaid
Clerk's Office in Deed Book 235, at Page 117; and (4)
Deed dated March 31, 1955, from Paul G. Cooley, et als,
recorded in the aforesaid Clerk's Office in Deed Book
236, at Page 37; LESS AND EXCEPT the property conveyed
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Oil
•
BK620PG188
by Grantor to the Commonwealth of Virginia for the
widening and improvement of a portion of Route 758,
recorded in the aforesaid Clerk's Office in Deed Book
I
410, at Page 542, and a tract of land containing 32.529
acres, more or less, conveyed by Grantor to J. J.
Pickeral, et ux, by deed dated February 9, 1956, and
recorded in the aforesaid Clerk's Office in Deed Book
240, at Page 176.
Grantor hereby reserves to itself, its
successors and assigns a royalty on all limestone or
dolomite produced from the property described in Tracts
I, II, III and IV above and either (a) sold, (b)
crushed, sized and sold or (c) after having been
crushed and sized, processed for sale by any other
process, such as introduction to Grantee's kilns. The
royalty shall be paid quarterly on the 25th day of the
month following the last month of each calendar quarter
during a calendar year and will be the product
resulting from multiplying $0.025, hereinafter referred
to as the "Reference Rate ", by the total net tons of
2,000 pounds each which are (a) sold, (b) crushed,
sized and sold, or (c) after having been crushed and
sized, processed for sale by any other process, during
each calendar quarter during the term of this
Agreement. No royalties shall be payable on unsold or
unusable by- product unless or until sold or used.
The Reference Rate referred to in the
preceding paragraph shall be adjusted for each year to
take account of the variation in the average annual
price for Lime in the United States as determined by
the United States Department of the Interior, Bureau of
Mines. The value of this average price for Lime for
1985 will constitute the base for determination of the
adjustment to the Reference Rate, but in no event will
the Reference Rate be less than $0.025. For the
purpose of such adjustment, it is agreed that the
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0
OX62OPGI89
average price for Lime for 1985 is $50.50 per net ton
of 2,000 pounds.
The adjusted Reference Rate for any particular
calendar year shall be an amount which bears the same
ratio to $.025 as the average price per ton for lime
for such year bears to $50.50. Expressed as a formula,
the adjusted Reference Rate (x) would be determined as
follows if the average price of lime increased to $60:
$ 60,QO X
$50.50 = $.025
X = $.0297
In the event that the United States Department of
the Interior, Bureau of Mines or a successor agency of the
United States Government ceases to publish an average
annual price for Lime, the Reference Rate will be adjusted
according to the variation in average annual price for Lime
produced from the premises determined on an F.O.B. basis
for any calendar year after 1985.
When mining has occurred, Grantee shall furnish
within twenty -five (25) days after the end of each calendar
quarter of any calendar year to Grantor reports of
production from the property and of limestone or dolomite
sold or processed for sale during that quarter and within
45 days after the end of each calendar year Grantee shall
furnish maps and sections to enable Grantor to verify the
reported production. Grantor shall be entitled to audit
such reports and other supporting data. Should Grantee and
Grantor be unable to agree as to what production has
occurred, then Grantee and Grantor agree to submit such
issue to binding arbitration. Each party shall select one
arbitrator familiar with the production of limestone and
the two arbitrators selected shall choose a third
arbitrator familiar with the production of limestone to act
as chairman. Both parties shall be bound by the decision
of the arbitrators. Each party shall bear all of the fees
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0
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BK 62OPG190
and expenses of its own arbitrator
and pay one -half of the
fee and expense of the third 'arbitrator.
This conveyance is made
subject to all roads and
highways and the restrictive
covenants, conditions and
rights of way of record affecting
the property hereinbefore
described.
- FAttestc :....',."
UNITED STATES STEEL CORPORATION
i
KAsskstant
Secr_etary..
G. Colombari
!
s .� ' 1Is'• ^"
Senior vice President-
:
Steel Related Resources
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0
BK620PC191
COMMONWEALTH OF PENNSYLVANIA )
) SS:
COUNTY OF ALLEGHENY )
On this °RV� day of June, 1986, before me, a
Notary Public in and for said County, personally appeared G.
Colombari, who acknowledged himself to be Senior Vice
President -Steel Related Resources of United States Steel
Corporation, a corporation, and he, as such officer, being
authorized to do so, executed the foregoing instrument for
the purposes therein contained by signing the name of the
Corporation by himself, as such officer.
bi
IN WITNESS WHEREOF, I hereunto set my hand and"
official seal. �.• - .
Notary Publie
9DIS A WRf, Nchry Pubic
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My Commission Expires M,Uauniu -FO eIh ;91989 „� `..•jp�,
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