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800111 vrAL355
QUITCLAIM DEED
The UNITED STATES OF AMERICA, acting by and through the Secretary
of the Interior, acting by and through the Acting Southeast Regional Director.
Bureau of Outdoor Recreation, under and pursuant to the power and authority
contained in the provisions of the Federal Property and Administrative
Services Act of 1949 (63 Stat. 377), as amended, and particularly as amended
by Public Law 484, 91st Congress. and regulations and orders promulgated
thereunder (hereinafter designated "Grantor*), for and in consideration of the
perpetual use of the hereinafter described premises as and for public park and
public recreation area purposes, by the Board of Supervisors. King George
County. Virginia (hereinafter designated "Grantee"), does hereby release and
quitclaim to Grantee, and to its successors and assigns, subject to the
reservations, exceptions, restrictions, conditions and covenants hereinafter
expressed and set forth, all Grantor's right, title and interest in and to the
property described in attached Exhibit A, consisting of approximately 160
acres. located in King George County. Virginia.
There are excepted from this conveyance andreserved to the Grantor, and its assigns, all oil,gas, and other minerals in, under and upon the landsherein conveyed, together with the rights to enterupon the land for the purpose of mining and removingthe same.
This conveyance is made subject to any and allexisting rights-of-way, easements and covenantsand agreements affecting the above describedpremises, whether or not the same now appear ofrecord.
To Have and to Hold the hereinbefore described property,
subject to the reservations, exceptions, restrictions, conditions and
covenants herein expressed and set forth unto the Grantee, its
successors and assigns. forever.
BOOK 111?[35 6
Pursuant to authority contained in the Federal Property and
Administrative Services Act of 1949, as amended, and applicable rules,
regulations and orders promulgated thereunder, the General Services
Administration determined the property to be surplus to the needs of the
United States of America and assigned the property to the Department of
the Interior for further conveyance to the Board of Supervisors. King
George County, Virginia.
It Is Agreed and Understood by and between the Grantor and
Grantee, and the Grantee by its acceptance of this deed, does acknowledge
its understanding of the agreement, and does covenant and agree for
itself, and its successors and assigns, forever, as follows:
1. This property shall be used and maintained for the public
purposes for which it was conveyed in perpetuity as set forth in the
program of utilization and plan contained in the application, submitted
by the Grantee on July 29, 1972, which program and plan may.be amended
from time to time at the request of either the Grantor or Grantee, with
the written concurrence of the other party, and such amendnents shall be
added to and become a part of the original application.
2. The Grantee shall, within 6 months of the date of the
deed of conveyance, erect and maintain a'pennanent sign or marker near the
point of principal access to the conveyed area indicating that the property
is a park or recreation area and has been acquired from the Federal
Government for use by the general public.
3. The property shall not be sold, leased, assigned, or
otherwise disposed of except to another eligible governmental agency
that the Secretary of the Interior agrees in writing can assure the
continued use and maintenance of the property for public park or public
2
BOOK ME .1(57
recreational purposes subject to the same terms and conditions in the
original instrument of conveyance. However, nothing in this provision
shall preclude the Grantee from providing related recreational facilities
and services compatible with the approved application, through concession
agreements entered into with third parties, provided prior concurrence
to such agreements is obtained in writing from the Secretary of the Interior.
4. From the date of this conveyance, the Grantee, its
successors and assigns, shall submit biennial reports to the Secretary
of the Interior, setting forth the use made of the property during
the preceding two-year period, and other pertinent data establishing
its continuous use for the purposes set forth above, for ten consecutive
reports and as further determined by the Secretary of the Interior.
5. If at any time the United States of America shall determine
that the premises herein conveyed, or any part thereof, are needed for the
national defense, all right, title and interest in and to gaid premises,
or part thereof determined to be necessary to such national defense.
shall revert to and become the property of the United States of America.
6. As part of the consideration for this Deed, the Grantee
covenants and agrees for itself, its successors and assigns, that
(1) the program for or in connection with which this Deed is made will
be conducted in compliance with, and the Grantee, its successors and
assigns, will comply with all requirements imposed by or pursuant to
the regulations of the Department of the Interior as in effect on the
date of this Deed (43 C.F.R. Part 17) issued under the provisions of
Title VI of the Civil Rights Act of 1964; (2) this covenant shall be
subject in all respects to the provisions of said regulations;
(3) the Grantee, its successors and assigns, will promptly take and
continue to take such action as may be necessary to effectuate this
3
covenant; (4) the United States shall have the right to seek judicial
enforcement of this covenant, and (5) the Grantee, its successors and
assigns, will (a) obtain from each other person (any legal entity)
who, through contractual or other arrangements with the Grantee, its
successors or assigns. Is authorized to provide services or benefits under
said program, a written agreement pursuant to which such other person
shall, with respect to the services or benefits which he is authorized to
provide, undertake for himself the same obligations as those imposed upon
the Grantee, its successors and assigns, by this covenant,and (b) furnish
a copy of such agreement to the Secretary of the Interior, or his
successor; and that this covenant shall run with the land hereby conveyed.
and shall in any event, without regard to technical classification or
designation, legal or otherwise, be binding to the fullest extent permitted
by law and equity for the benefit of. and in favor of the Grantor and
enforceable by the Grantor against the Grantee, its successors and assigns.
7. In the event there is a breach of any of the conditions
and covenants herein contained by the Grantee, its successors and assigns.
whether caused by the legal or other inability of the Grantee, ts
successors and assigns, to perform said conditions and covenants, or
otherwise..all right, title and interest in and to the said premises shall
revert to and become the property of the Grantor at its option, which in
addition to all other remedies for such breach shall have the right of entry
upon said premises, and the Grantee, its successors and assigns, shall
forfeit all right, title and interest in said premises and in any and all of
the tenements, hereditaments and appurtenances thereunto belonging; provided,
however, that the failure of the Secretary of the Department of the Interior
to require in any one or more instances complete performance of any of the
conditions or covenants shall not be construed as a waiver or relinquishment
of such future performance, but the obligation of the Grantee, its successors
and assigns, with respect to such future performance shall'continue in full
force and effect.
4
ion PA111359
IN WITNESS WHEREOF, the Grantor has caused these presents to
be executed in its name and on its behalf this the? . day of
1972.
UNITED STATES OF AMERICAActing by and through theSecretary of the Interior
Through:
Forrest V. DurandActing Southeast Regional DirectorBureau door RecriI
By
WITNESSES:
55COUNTY OF ;r L 7g
On this 3/4J day of 6_ , 1972, before mi ,thesubscriber, personally appeared EoRa2 eot V- 4-Bureau of Outdoor Recreation, of the United States Department of the Interior.a governmental agency of the United States of America, and known to me to bethe same person described in and who executed the foregoing instrument afore-.said, as the act and deed of the United States of America, for and on behalfof the Secretary of the Interior, duly designated, empowered and authorizedso to do by said Secretary, and he acknowledged that he executed the fore-going instrument for and on behalf of the United States of America, for thepurposes and uses therein described.
My Comission expires:Mltary Publ. Georage, State at LargeWX rMUMz M LWmcs JW% 4. 197.6 v., )l
.
5
BOOK 111 E c 360
The foregoing conveyance is hereby accepted and the undersigned
agrees, by this acceptance, to assume and be bound by all the obligations.
conditions, covenants and agreements therein contained.
,*t BOARD OF SUPERVISORSKING GEOR OUNTY VIRGINIA
CA1Byp
A V iVa Elwood Mason'ti Clerk of the Board
COMMONWEALTH OF Virginia *
COUNTY OF King George
On this 1 day of M. 4, 1972, before me, theundersigned Officer, personally appeared V lwdMason. to me known andknown to me to be the same person whose name is subscribed to the foregoingacceptance, who being by me duly sworn, did depose and say that he is theClerk of the Board of Supervisors, King George County. that he is dulydesignated, empowered and authorized by a resolution adopted by the Boardon July 20, 1972, to execute the foregoing acceptance and sign his namethereto; and that he signed his name thereto and acknowledges that heexecuted the foregoing instrument for and on behalf of the Board, for thepurposes and uses therein described.
NOTARY PUBLIC
MyCommission expires:
6
EXHIBIT A
That property bounded on the west by privateproperty, on the north by private property, onthe east by Route 652 and on the south by Route 301,as more particularly described on the plat attachedhereto and made a part hereof.
VIRGINIA, to-wit:
In the Clerk's office of the Circuit Court or King George
County, the 16th day of November, 1972, this deed was presented and,
with the certificates annexed, and plat attached, admitted to record
at 2t44 o'clock p.m., and is truly recorded and indexed.
Testes:
Clerk
SEE PLAT RECORDED IN PLAT BOOK NO. 6, at page 136.
Clerkc
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DEED
n. 266 THIS INDENTURE, made this 5th day of ay 1948, between the UNITED STATES OF
AMERICA (hereinafter called the "Government") and AMERICAN TELEPHONE AND TELEGRAPH
ginal COMPANY OF VIRGINIA (hereirafter called "Company"), a corporation.led torican WITNESSETH:iphone & Iegraph Co. WHEREAS, Public Law 18, 80th Congress, First Session, approved larch 21, 1947,a1 Dept.)G. St. authorized the Secretary of the Navy to grant, subject to such terms and conditions
hington 6, as he may prescribe, to the Company, certain easements more particularly therein
8/48 and hereinafter referred to.
NOW, THEREFORE:
1. The Government, for and in consideration of the sum of Two Hundred Eighty-seven
($287.00) Dollars, receipt of which hereby is acknowledged, hereby does bargain, sell
grant and convey, without warranty, express or implied, subject, however, to the
conditions hereinafter set out, unto the Company:
A. A perpetual easement for the installation, maintenance, operation, replace-
ment and removal of undergroud communication systems consisting of cables,
wires, conduits, manholes, drains ard splicing boxes, surface testing
terminals, repeaters, markers, and such other related equipment as the
Company may from time to time require, upon, under, and across the follow-
ing described parcels of land within the boundaries of the United States
Eaval Proving Grounds, King George Couty, Virginia:
(i) A strip of lard 16.5 feet wide lying along the northerly side of thefollowing described line:
Beginsing at a point in the westerly boundary of the lands of the
Naval Proving Grounds, Dahi3gren, Virginia, said point being located
767 feet distant alont said boundary from the intersection of said
boundary with the centerline of U. S. Route 301; thence with the
southerly line of the herein described easement through lands of the/I
Naval Proving Grounds, as follows: S. 86 171 E., 2957 feet; S. 830
58 'E., 1336.5 feet; S. 640 E., 754 feet; N. 800 31' E., 390 feet;
and N. 860 31' E., 179 feet to the mean high water line on the
westerly shore of the [otomac River.
(ii) A strip of land 16.5 feet wide lying along northerly side of thefollowing described line:
Beginning at the easterly end of the N. 800 31' E., 390 foot course
of the easement hereinbefore described; thence N. 380 E., 345 feet;
and S. 880 18' E., 75 feet more or less to the mean high water line 1
on the westerly bank of the Potomac River.
as delineated on the plat dated March 7, 1945, as revised December 13, 1945
marked Exhibit "A", hereto attached and hereby made a part hereof.
B. A perpetual easement for the installation, maintenance, operation, replace-
ment, and removal of an auxiliary repeater station on the following describ
ad parcel of land, containing approximately 116.375 square feet: Comencing
at the point of intersection of the centerline of Rnute 614 with the southerr
ly line of the easeent first hereinbefore described; thence northeasterly
along said road centerline 6 feet; thence S. 640 E., parallel to the
southerly line of the easement first hereinbefore described, 20 feet to the
true point of beinring: thence from said point of beginning, N. 260 E.,
~iy~
4~4I
parallel to the centerlire of said route 614, 8 feet 9 inches; thence S.
640 E. 12 feet 3 inches; thence S. 26o W., 9 feet 6 inches; thence V. 640
., 12 feet 3 inches; thence N. 260 E., 9 inches, to the point of beginning'as delineated on the aforementioned Exhibit "A".
C. A perpetual easement for the installation, maintenance, operation, replace-
ment, and removal of two buried 3 inch I. D. pipes containing cables, wires
or such other substances, material, or equipment as the Company may from
time to time require in connection with its communication systems, under
and across the railroad right-of-way of the Government, between Fredericks-
burg and Dahlgren, King George County, Virginia, at station 1450 plus 57of said railroad station system, as delineated on the plat dated April 13,1945, marked Exhibit "B", hereto attached and hereby made a part hereof.
11. The conveyances by the Governent to the Company of the easements referred to in'paragraph I hereof are made subject to the conditirn that in the event the Company,at any time, fails or ceases to use the aforeentioned easements, or either of them,for the respective purposes Lereinbefore set out, the easement or easements affected
by such failure or cessation of use, shall thereupon, ipso facto, revert to theGovernment without the necessity of any reentry by the Government upon such lands.III. The revocable permit dated June 28, 1945, i sued by the Government unto the
Company, in order to permit the Company to docertain acts with respect to or inconnection with the lands hereinbefore described, hereby is revoked aid shall be ofno further forcetvd effect.
IN WITNESS WHEREOF, The Government has caused these presents to be executed inits name and on its behalf by the Acting Secretary of the Navy aid the official seal
of the Navy Department to be hereunto affixed.
Witnesses: UNITED STATES OF AMERICA
W. H. Moore By M. E. Andrews*. H. Wilson Acting Secretary of the Navy (seal)
(Official Seal of Navy Department affixed)
UNITED STATES OF AMERICA))To-wit:
DISTRICT OF COLUMIA _)
, Herbert A. Engler, a Notary Public in aid for the District of Columbia, whosecommission expires on the 1st day of Jan. 1951, do hereby certify that M. E. Andrews,Acting Secretary of the Navy, who name, as such, is signed to the writing above
bearing date the 5th day of Xay, 1c)48, personally appeared before me in my District
aforesaid, and acknowledged that be executed same in said capacity for the uses and
purposes therein set out.
Given under my hand ard notarial seal this 5th. day of May, 1948.
Herbert A. EnglerNotary Futlie
(Notarial Seal Affixed)
Virginia, to-wit:
In the office of the Clerk of the Circuit Court for the Cunty of King George,
the 25th., day of June, 1948, this deed was presented aid, with the certificate
anxexed, and plats attached, admitted to record atf:o'clock A. M., and is truly
recorded, indexed and examined.
TES3TE:
,CLERK
State tax-------$ .36
SEE PLATS AND SURVEYS RECORDED IN PLAT BOrK NO. 2, PAGES 216 & 217