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