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HomeMy WebLinkAbout03-06 Deed & PlatI C 413504 2707r- 6/27/86 BR620PC186 DEED '��'/ // THIS DEED OF BARGAIN AND SALE made this ,I day of June, 1986, between UNITED STATES STEEL CORPORATION, a corporation organized and existing under the'laws of the State of Delaware ('Crhntor') 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 I 1 i t } i I LLI Hundred Fifty Thousand Dollars ($350,090.00) paid by Grantee to Grantor, the receipt whereof is hereby acknowledged, the Grantor does hereby grant, bargain, sell and convey,with SPECIAL WARRANTY OF TITLE unto the Grantee in fee simple, together with all rights, privileges and appurtenances thereunto belonging: Ail that tract of land, located about 1.5 miles northwest of Middletown on Virginia State Routes 8625, 0627 and 9758, 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 an follows: Beginning at an iron pin set on the Southeast side of State Route 0758 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 4627 and a corner with Kenneth P. Boyers thence with the general centerline of the said road and the said Bcyer'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. Proescheri thence with the said PLOescher's lines N 4B' 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 sat at an old fence corner; thence with another of the said Proescher's lines and continuing with Garland N. Snapp, et. als. line H 48' 03' 52' E 1,774,42 feet to an iron pin set at a corner with J. J. Pickerel; 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; 1 87 BA62 Oft 1 B1 thence 8 47' S6 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 8 $7' 54' 13' M 321.85 feet to a point; thence S 40' 31 00' W 179.03 feet to a paint; thence 8 34 16' 00' W 76.22 foot to a point; thence 8 50 31' 00' W 53.16 feet to a point; thence 8 40' all 00' W 100.30 feet to a point; thence 8 43' 01' 00' W 100.30 feet to a point; thence 8 41 46' 00' W 100.30 feet to a point; thence 8 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 5 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 8625, a corner with Harold G. Nichols; thence with the said road and the said Nichols' line S 48 30' 14' M 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 gamin 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. Garrott, at. 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 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 leas. The aforesaid property is the same property Conveyod to united States Steel Corporation by the following deeds: (1) Deed dated January 29, 1955, from vernie D. .Garrett, at vir,_recorded in the C1erYs Office of the Circuit Court for Frederick County, Virginia, in Deed Book 135, Page 112; (2) Dead dated January 29, 1955, from Irvan T. O'Connell. at us, recorded in the aforesaid Clfk's Office in Deed Book 235, at Page 114; (3) Deed dated January 29, 1955, from J. J. pickerel, at us, recorded in the aforesaid Clerk's Office in Dead Book 245, at Page 117; and (4) Deed dated March 31, 1955, from Paul 0. Cooley, at als, recorded is the aforesaid Clark's Offica in used Book 336. at Page $77 Lt" ADD 30<M the Property conveyed -2' Fsn SKSZOFGr38 I by Grantor to the Commonwealth of Virginia for the widening and improvement of a portion of Route 758, i recorder in the sEoresaiid Clark's Office in Deed Book I 420, at Page 542, and a tract of land containing 32.529 acres, more or less, conveyed by Grantor to J. J. Pickerel, et us, by deed dated February 9, 1956, and recorded in the aforesaid Clerk's office in Deed Book �tttl 740, at Page 175. Grantor hereby reserves to Itself, its f successors and assigns a royalty on all limestone or f dolomite produced from the property described in Tracts I, II, III and IV above and either P,a) sold, (b) crushed, sized and sold or (c) after having been crushed and sized, processed for sale by any other proceed, such as introduction to Grantee's kilns. The � I royalty shell 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 60.025, hereinafter referred to as the •Reference Rata•, by the total net tons of i 2,000 pounds each which are (a) sold, (b) crushed, '4 sized and sold, or (c) after having been crushed and sized, processed for sale by any other process, during g each calendar quarter during the term of this Agreement. No royalties shall be payable on unsold or i 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 Lima 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 1995 will constitute the base for determination of the adjustment to the Reference Rate, but in no event will i the Reference Rate be less than 00.025. For the i II purpose of such adjustment, it is agreed that the G -3- ( I 4 0 US20PC189 average price for Lime for 1985 is $50.50 per not ton of 1,000 pounds. The adjusted Reference late for any particular calendar year shall be an anount which bears the same ratio to $.025 as the average price per ton for lime l for such year bears to $50.50. Expressed as a formula, the adjusted Reference Rata (z) would be determined as follows if the average price of lime increased to $60: $60.00 i_ $50.50 $.025 E - $.0299 In the event that the United States Department of the Interior. Bureau of Winas at 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 Lima produced from the premises determined on an F.O.S. basis r for any calendar year after 1985. 1 When mining has occurred, Grantee shall furnish ! within twenty -five (25) days after the and of each calendar I 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 I l 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 tho arbitrators. Each party shall bear all Of the fees -4- 190 I � IJ BXG20PGI F q I —! and expenses of its own arbitrator and par one -halt of the f foe and expanse of the third arbitrator. { Thais conveyance fls made sulbject to all, roads and j ji highways and the restrictive covenants, conditions and i r rights of way of record affecting the property harainbefore I dascclbed. V p f `i Attests UNITED STATES STEEL CORPORATION i � 1, e I J g (.. = Ass,lsta t:, Secretary O. Colombari j 5 ' Z t •' Senior vice president - °` !`� ,i:, • +'" +' steel Related Resources lit. �i �.. u ►+o +. •" , �a r i; r. B K 610PG191 COMMOMIRRMTH OF PENNSYLVANIA > ) SS: COUNTY OF ALLEGHENY ) On this '-� � day of June, 1966, before me, a Notary public in and for said County, personally appeared O. Colombori, 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. 3 - In NITR688 NHBREOT I hereunto set my hand and official seal. e w Notary Publi t � -• ma►aapG M�.M�Atr 1 std` C rfi�ww `JtvJ �f° my Commission Expires — f� r i -6- Q SCI y£ 6.eLC: i a /99/S/I b iO3 104S NyZt 2o, 0d ' o.. 7•JP � ��r O cv T - rqy /'lZP d4 W P \by • /<SSO ��S x4406(, Q O� J 0 �i y '� �. �•� J4T"Sl r o y a ' y q'y P D o V f .h L3 f4 o#xow jcr 9- o4oPosrftu,ro 0rAvAflo&40 *.J.✓ACn 4/w 4J 0•.¢/e sPi4C SFT Pre aa245 PG Si/ 'Z� ®•SS7 S4 %JVf 3t4d3 v3 ui ®'J a4 /4'00 M/ >�•LL' 6 � ®•J SO.lI'00'vf 53•/4' � o, Cjr34o'a'oo - vf Ioo.3o 37 0 "' (2}S4J'oi 00vf /00.30 1,,¢419 � � �• s'�9G GQ Vf /00.90 4i3 O ©-5083 /'0/ "rE( IG•OS ,tA' 0•/J40 L4'oo �•E/' 60.54' �-S TC S9 GOVf 2J.0r' r RiCk4RO y hh � N I M� � M/41 0 z4L /.4Z \ \\ � I 7 0 � iZYlg4P 83 A \� b `Y 't4CfL /09 2Ur ♦ ' � / SCS mo 6�0�4 41141441:" h 0 0410 fo4r I t 47Z /Zt" �.•o s} • 44 RU& r! __-.— a 7 4YM4PE3 ' d7s / p t VCZA(if h y r+ y °tecrl /io w o. • .ti VIP n �• aE 27' u h 3 / Z9.84Sr 1 • Isiv.ed ��// "W6.6.6. BfC, l fG ;q(rR0 rC 00. 3 G u � � • uN� E�1 j n/'4 3v' �a /� 7�/d JueY�r 441 .raa recr ro V 00 ccH Hn �L� e.psf�c.,irs -1 (G ✓ 45; s4'4'�✓ S, u u•3ie�o�oss .elc/frS -of YJ4rJ o f eECORD /9i.47' o� orKfeof�aa,wYCT�aC Skovorw wor. LAO .T.LRCS K• T7iJ P4�T S dfC�PtfP.teCO W/7K0Hr r s4446rr /6r41S, CCKffir Of 4 7/'746 CfPO.er •4N0 oaas /✓or 158G Jq•6Ef W4C6SJg4 dVo C 47C 441. fNCUn�4.eRn/GE3 o�y rK� PeoP6RrY [!N %Tf.O .3Ti�TfeS .JTFe��(e GO/►' P�/�� J a�.c co/�✓6 ro aia .ac.sG4 (R DCagti/4'26 CoRPaR.grio,�r� /.S.yic63 �Io,grgti(asr of/•Zioo46roh(/�(, op6quo/,�/vt.gs.D/srti� j :Tneae.'ta .f'ecoa•e/c•�c covyry, N /iesi/r/1:�. Prtpsrsd by 9RL J. RINKER AND ASSOC. 1►R RftY0RS- EMWNEER$ -L"0 PUMNCRS 4 LAWYERS Row WOODSTOCK VA. 22664 � PH 703 - 459-4715 • r 193 J I 1 CARL J. RINKER & ASSOCIATES Lowswr."M , Enpesas , L."Plou"I ts"W% Wooducd.. VA22au 170th 4so -ais This tract of land Is located about 1.$ sites Northwest of Middletown, on state 1"tee 0625, 0627 6 0758, In Opegaon Matioterial District, Frederick county, Ptr&infa and to described by metes and bouads as follorsl Ba&Lanta& at an iroa pin set on the southeast side of state Route #758 and a corner with Rtntkoto co.; thane* with the southeastern lines of the said read s 39' 33' 03" 2 506.05 fast to m iron pin eat; thence N 36' 51' 18" 6 623.76 fact to an Iran pin set; chance v 39' 32' 58" f 640.55 feet to an iron pin set; then" D S9' W 01" It 1,196.56 fast to a point in the canter of State Bouts 0627 and a corner with lamotb P. Boyers thence with the general cantarllne of the asid road and the said layer's lines N 56. 34' S1" V 24.61 f *at to a railroad spike found; tkenco V 71' S1' 15" V 762.00 toot to a point, a corner vith Vooda R. !toucher; thence with the cold Proesebar's lines B 48' 10' 25" 8 1,030.96 rest to an icon pia set in an old broken off fence post. at an old fence corner; thence S 42' 53' 33" 1 195.00 fast to an iron pin not at an old fence corner; thence with another of the said Praseeber'■ time and Continuing with Garland M. Snapp, at, als, line N 48' OS' 52" 1 1,774.42 foot to an iron pin oar at a corer with J. J. Pickerel; thence with the mid Pickaral's lines s 56. 49' S3" 1 3,699.27 feet to an iron pin act; thence s 33' 20' 32" V 1 fast to an Iran pin found; thence f 47' 56' M" v $76.15 feat to an iron pin eat at an old fence comar, a corner with Richard A. lies tben" with the said Dyer's lines N 44' 33' 23" w 954.20 test to a polar to 311"lc Marsh Br"hs thence dean the said Brook with the &moral uaandsrs thereof 8 S7. 14' 1.3" v 32i.el.foat to a Pata21 thence B 40' 11' W 9 179.05 I' I� i I' I� 194 -- —� — � f ' BK620FGV94 12 , _ I CAR:... R NKER & ASSCIC'A''' S I I LVW Suneyon • Engna"{ • Land Pun".{ La"aY Now II Woodcock. VA 22654 1703145947th to a point; thence 8 34' 16' 00" V 76.21 feet to a point; thence 8 50' 31' 00" V 53.16 feat to a point; thence 8 40' 01' 00" V 100.30 feat to a point; them 8 43. O1' 00" V 100.30 feat to a point; chance 8 41' 46' 00" V 100.30 feet to a point; thence 8 08' 31' 01" V 16.05 feat to a point; thence S 44 46' 00" V $4.16 fact to a point; thence N 60 26' 00" V 20.56 feet to a point; thence S 70' 49' 00" V Y 23.07 fact to a railroad spike act in State Route 8627; thence down the said road and continuing with the said Dye's line S 44 22' A" 8 2,621.42 feet to a point in State Route 1625, a corner with Rarold C. Nichols; thence with the said road and the said 1 Nichols' lino 9 48' 30' 14" V 534.12 fact tole railroad spike set at a corner With �j 0.dith N. Renner; thence with the said Sooner's line 8 48 54' 38" V 569.68 feat to a 1 I I e h planted limastme rock found at a corner with Verate D. Garrett; thence with the said I "watt's lines N 47' 21' 22" V 1,346.03 feet to ao iron - pia. net; thence S 36. 29' V ' 59" V 2,939.60 feet to an iron pin act at a corner with - Dazes R. Garrett, at.-als.; thence with the said Garrett's line N 29' 54' 46" N 196.47 feet to an iron pin found at a corner With the rlintkota Co.; thence with the said Co.'s lines V 36' 34' 1 41" 8 1,301.31 feet to an iron pin set; thence V 41' 30'31" N 1,917.08 feat to an I� i free pin found by an old fence post; thence R 42 39' 21" 8 62.27 feat to an old f fmce post found at a fence corner, thence N 43 20' 04" W 1,629.84 feet to the Y • point of beginning and containing 539.451 Acres core or less. This tract of land was surveyed on June 25, 1986 by C. J. 0.INfER, JR., C.L.R. ll �lia2t�,�i�ll ±c�fi p' p I+nyared by ` ,I l } i , L J. tolib IL'+ s;4 RJNKER AND e1.1SMi. ,,u tanwatAra as 0 + 1154 SOR7E1025 ENGIDM4AND PUNNED$ 1t 54.17.31a101058 fi ! LAWYERS ROW i !i WOOOSTOM VA. nw LAYYO j; PH 7034594715. I � _ swsaaasea,e _ I i,a0;eu recotnta cauaL s:t. ,d con Inch. o .amp W pdr 42 ai . rrk d rd rrw"d q B.a eaxY d sady 5e 1 664 M � d 9 —W [I > • Mills E boar 476 PAGE 105 ., THIS QUIT -CLAIM DEED, made and dated this S day of W u S / , 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 C 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 L MOM.INAN. ENGEC '.m d MRCHELL rrolnEw ,T uw vc!luea. vuowu ICXCITCP VIP a1MU 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 i BY l � .. :,. (SEAL) /Vice!President ATTEST: Assistan S cretary / to -wit: T . .. a Notary Public in and for the State d jurisdicti aforesaid, do hereby certify that e• ,whose name is signed as Vice President of CHE ^STONE CORPORATION to the foregoing 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 4� NOT NOTAF POBLI My Commission Fnpir,3 Cc. 23. 1^67 PI ANDOM caufln. ss men; ICn� ^'en i:cero7 it the IN! Iu n,Pint mi!inc rnlh adili a, at ednmkdq Cyti; O!fice el sail Wwte. m'� mJ -d'-NJ The NW impmes by k 53-5 EOl lhl. of :he WJe h." Eee °e4 this �s °I : 4 M. term: MONAHAN. ExGLE MAN Q MITCHELL rroxxcs wr uw .ceevna, vmomu sxcrtcx, wnGixu m 4 i 6PAGE106 K TRACT ONE: So much of the property of the party of the 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; 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 being 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 tai BOOK 4 (6PA6401 " ^! n %- .-. 12 THIS DEED, made and dated this 1st day of August, 1984, *1 � ��a 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 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 the 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; 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 being 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 8001( 476PAG402 E i: i. i i 3 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, �I 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. ,� > t . .... CHEMSTONE CORPORATION .,,�� ••. "I s> By lice Pde t y ATTEST: 1 IyO,J 3%), ( - "sistant Ctiejcretary \. TAB^ TE OF NEW JERSEY OF , to -wit: I, a Notary Public in and for the State an urisd icti 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. g Given under my hand this 3 0 day of . ..... 1984,. My Commission expires NOTA PUBLIC 4 "n. 11F'�a`' $HEB1tlCd1M iG1R:1". a . Me !atpin� +ri;n•; :na ce'Aik'• J Y.inA.4gselnl Deleon rIS ItttiKU hl ;h0 - • CIer1's dtlkt el mid 1 - 11 14.WLTEJ:s llmd)ndlllYtled. The We, iepn hr kn. ldy Cpii: ntissioo tapir ^5 C:: 23, 1387 SYk. pl uel (bA m me fu.e ;en c m NO, this 61I �dal ul 19 0 1 1 � 1 ,44 M: ime: G.L 1, t � : [ � �\ §{ y� #7 m10 J Bit' 4 \ / }{ � ¢ � . * \ #7 @ \ !" M % [ ! A |\ \))§ g § !)\§;I! { _ � // `l ©mo ,x %UI «m P Q 7 � • «| AZSm . Q 7 � • w« AZSm . I j- K57-41WWE 20, 520' 66'05'8 59 N20-WO5 30" 8 67. 30*W Ic vz_ w o ff ; � ' Ul C) q L.No TITLE REPORT FURNISHED- -Of-'� S P DU ANE' cl 2- EASEMENTS OR RIGHTS May. OTHER THAN SHOWN fAAY. P. I RlW ;,ADJACENT OWNERS . SHOWN ARE NC* OR FORMERLY THE OWNERS. NJ. 1295 o 4, K0 FIELD SURVEY. HAS BEEN DONE . ALL INFCRMA'nON IMPLIED IS aASED- ON, AVAILABLE'. SU; LAND PLATS AND RECORD& PLAT OF 0.000.007 ACRES REF. DLB. Z74 FELO=NG TO 014E CO RR DAMS jLkGISrfERLAL DISTRICT SHENANDOAH CO-o VIRGINIA DECEMBER 1 1981 • SCALE: I"- 10 / day o F7777 ♦ Lo Fccord. 4t! BK620PGA _ 2707r- 6/27/86 DEED ✓� \ THIS DEED OF BARGAIN AND SALE made thisQ�_ 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 �cf to Grantor, the receipt whereof is hereby acknowledged, the ✓...rrr000 Grantor does hereby grant, bargain,. sell and convey,with r SPECIAL WARRANTY OF TITLE unto the Grantee in fee simple, q together with all rights, privileges and appurtenances d 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 • point in the center of State Route #627 and • 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 past, 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; 8K620PGI B7 L— 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 • point; thence S 08 31' 01" W 16.05 feet to • point; thence S 44" 46' 00" W 54.16 feet to • point; thence N 60 26' 00" W 20.56 feet to • point; thence S 70 49' 00" W 23.07 feet to • railroad spike set in State Route 4627; 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 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 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, at 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 -2- ou BK62OPGI88 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 1 410, at Page 542, and a tract of land containing 32.529 acres, more or less, conveyed by Grantor to J. J. Pickeral, et us, 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 -3- 0 BK620PC189 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: 1, $ 60.00 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 -4- C_ BK620PG190 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. ?Att '``�" UNITED STATES STEEL CORPORATION �r f� Ass; sta_gt Secr_etary.:. G. Colombari Senior Vice President- s Steel Related Resources 1 - ^va -5- BK620PG191 COMMONWEALTH OF PENNSYLVANIA ) ) SS: COUNTY OF ALLEGHENY ) On this c'3 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. IN WITNESS WHEREOF, I hereunto set my hand and official seal. .3:��•.., . -- Notary Public 1015, Wm, NOhry WhW �. . a• : ,pNS[ugh, Rllegheny Cves CommonNeahA al Penm Mmi� My Commission Expires co f ` •'� _1y1 e1e� 1e. lees * ,' °ti. f, . Ni l I i —6—