MINUTES. G. Roger Rife, Chairman William P. Harris Harold H. Fuller Craig Stiltner Trey Adkins J. Carroll Branham Earl Scott

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1 MINUTES A regular meeting of the Buchanan County Board of Supervisors was held on Monday the 7 th day of October 2013 starting at 3:00 o clock p.m. in the boardroom of the Buchanan County Courthouse located in Grundy, Virginia. PRESENT: G. Roger Rife, Chairman William P. Harris Harold H. Fuller Craig Stiltner Trey Adkins J. Carroll Branham Earl Scott Robert Craig Horn County Administrator L. Lee Moise, County Attorney The meeting was called to order with Prayer and Pledge of Allegiance. BILL KEENE, TREASURER Bill Keene, Treasurer stated the mineral tax revenues received since July 1 st, 2013 has been reduced several thousand dollars compared to last year. We received approximately $570, in mineral license tax each month since July 1 st, We should be receiving $833, per month, because of the budgeted amount of $10 million for this fiscal year, he stated. The county will receive approximately $3 million less this fiscal year than the previous year, stated Mr. Keene. I have it figured that the county will received approximately $6 million in mineral tax revenue if it keep going like this, stated Mr. Keene. The mines are just not selling coal right now, which will continue to affect the county s revenue. Mr. Keene commented there s about $10.5 million in the general fund currently. The tax tickets haven t been mailed out yet, so there won t be any money received until after December 5 th, he stated. J. Carroll Branham, North Grundy District Supervisor stated the price of coal is going down too. Mr. Keene commented gas revenue is going up, while coal is going south right now. Craig Stiltner, Rocklick District Supervisor stated recently three (3) mines have shut down in Buchanan County. Mr. Keene stated the board needs to tighten their belt or they ll have to raise taxes. G. Roger Rife, Chairman asked how much would real estate and machine taxes 10227

2 need to be increased to create an additional $2 million in revenue? Mr. Keene stated real estate and machine taxes would have to increase from $0.43 to $0.53 cents on a hundred to have an additional $2 million in revenue. Mr. Rife stated we re not proposing to do this, but I want to point out what the figure would have to be in order to get an additional $2 million in revenue. If we don t start watching what we spend, we re going to be forced to take measures. Mr. Stiltner agreed with Mr. Rife, the board of supervisors has never discussed the issue of raising any taxes. Mr. Rife requested Mr. Keene to attend the monthly board meetings to give an update on the county s finances. ROGER SMITH SOUTHWEST VIRGINIA BEE KEEPERS Roger Smith, representative with Southwest Virginia Bee Keepers stated we re very concerned about the chemicals that are being sprayed by the Virginia Department of Transportation (VDOT) along state roads to kill kudzu and brush. Can the chemicals in this spray be harmful to humans and honey bees? VDOT had contractors to spray kudzu and brush on Route 83 on Slate Creek, as well as other parts of the county, state Mr. Smith. A honey bee will work within one (1) mile of their hive. Fall is the worst time to be spraying kudzu and brush, he commented. When they sprayed recently, the contractor was within 300 to 400 feet of a bee keeper s property. Also, some of the chemicals used actually went into the Levisa River on Slate Creek and some spraying was done on private property, he stated. I ve seen bushes as big as your arm killed by the sprays, commented Mr. Smith. If the sprays will kill something this big, then what will it do to a human and a honey bee? He requested the board to ask VDOT about the chemicals that s being used to kill the kudzu and brush along state roadways. Also, I m concerned about the growing population of black bears in the county, stated Mr. Smith. Several bee keepers have received property damages, due to black bears. Their hives have been completely destroyed, even though they ve had eclectic fence installed. We would like to know as property owners, do we have a right to defend our property from a bear? I ve been told if we shot a bear while he was destroying our beehives, that we would be fined or imprisoned. Ray Foster, Sheriff stated a property owner can shoot a bear if they are defending their family, but not if they re just protecting their property. This is something that needs to be clarified by the Department of Game and Inland Fisheries (DGIF)

3 Trey Adkins, Knox District Supervisor commented the county is paying residents to kill coyotes and I m more afraid of a black bear than a coyote. He questioned how can the county put a bounty on coyotes? Sheriff Foster stated bears can be trapped and moved to another location. Also, bears travel at least fifty (50) miles per day. Bernard McClanahan, resident commented I was told by the DGIF that I would be fined up to $ if I shot a bear. I was told by a bear biologist to purchase bear spray. Mr. Rife suggested contacting Allen Boynton with the DGIF regarding this issue. A resident stated he thought a permit to kill a bear would have to be purchased through the DGIF. PUBLIC HEARING 3:15 P.M. TO CONSIDER THE PROPOSED ADOPTION OF AN AMENDED ORDINANCE ENTITLED: "AN AMENDED ORDINANCE AUTHORIZING THE USE OF CERTAIN DESIGNATED COUNTY AND STATE MAINTAINED ROADS IN BUCHANAN COUNTY BY OFF-ROAD RECREATIONAL VEHICLES PURSUANT TO VA. CODE SECTION G. Roger Rife, Chairman opened the public hearing for comments. L. Lee Moise, County Attorney stated the Amended Ordinance authorizes the use of certain designated county and state maintained roads in Buchanan County by off-road recreational vehicles pursuant to Va. Code section Also, the proposed ordinance specifically designates the county and state roads on which such use of offroad recreational vehicles will be permitted along with certain limitations, conditions and restrictions of the use. The restrictions, limitations and conditions of such use include but are not limited to: age limitations; helmet requirements; operation during daylight hours only; compliance with all rules of the road; and the requirement to obtain a permit for such use through the Southwest Regional Recreation Authority. The proposed amendment to the ordinance adds Route 636 for 1.8 miles from the intersection of Route 638 and Route 636 (Chicken Ridge) to the top of White Mountain on Route 636 as a designated road in the ordinance. Upon motion by Trey Adkins seconded by Harold H. Fuller and with a roll call vote of seven (7) yeas, Harold H. Fuller, Trey Adkins, J. Carroll Branham, William P. Harris, Earl Scott, Craig Stiltner, G. Roger Rife and zero (0) nays, this board did hereby approve to close the public hearing

4 CONSIDER ADOPTING THE PROPOSED AMENDED ORDINANCE FOR USE OF OFF-ROAD RECREATIONAL VEHICLES ON PUBLIC ROADS After a general discussion by the board upon motion by Trey Adkins seconded by Harold H. Fuller and with a roll call vote of seven (7) yeas, Harold H. Fuller, Trey Adkins, J. Carroll Branham, William P. Harris, Earl Scott, Craig Stiltner, G. Roger Rife and zero (0) nays, this board did hereby adopt the following Amended Ordinance for use of off-road recreational vehicles on public roads: 90-7: Definitions Chapter 90 VEHICLES AND TRAFFIC ARTICLE III Use of "off-road recreational vehicles on Public Roads Section 90-8: Operation of off-road recreational vehicles on Public Roads Definitions a) Off-road recreational vehicles means a two-wheeled, three-wheeled or four wheeled motor vehicle powered by a gasoline engine, diesel engine or electric motor; and generally characterized by large, low pressure tires; a seat designed to be straddled by the operator or a four wheeler that includes a side by side seat; and handlebars or a steering wheel for steering; that is intended for off-road use by either an individual riders or multiple riders on various types of unpaved terrain. The term does not include " go-carts", "utility vehicles" or "farm utility vehicle" as those terms are defined in Va. Code section b) Public Roads Any State or County maintained roads within the borders of Buchanan County, Virginia. c) Designated Public Roads Roads designated by the Board of Supervisor for use by offroad recreational vehicles pursuant to this ordinance. The following road and/or sections of road are hereby designated for use by off-road recreational vehicles: Garden District 1) Wimmer's Gap Road Rt. 635; extending for approximately 3.89 miles; beginning at the intersection of Rt. 638 and Rt. 635 to the intersection of Rt. 639 and Rt ) Route 636 for 1.8 miles from the intersection of Route 638 and Route 636 (Chicken Ridge) to the top of White Mountain on Route 636. Prater District 1) Sunset Hollow Road Rt. 604; extending 3.9 miles; beginning at the intersection of Rt. 83 and Rt. 604 to the intersection of Rt. 604 and Southern Gap Road; 90-8.Operation of off-road recreational vehicles on Public Roads; Permitted; Restrictions and Conditions A. Off-road recreational vehicles may be operated on designated public roads within the boundaries of Buchanan County, Virginia for any distance where the maximum speed limit is 25 mph or less; and on public roads for a distance of no more than five miles where the maximum speed limit is more than 25 mph. However such operation of offroad recreational vehicles on public roads shall be restricted and conditioned as follows: 10230

5 1) The public roads must be posted with signs that warn motorist that off-road recreational vehicles may be operating on the road; said signs to be posted by the County and approved by the Virginia Department of Transportation; and 2) That off-road recreational vehicles shall only be operated on public roads during daylight hours; and 3) Off-road recreational vehicles, when operating on public roads obey all rules of the road applicable to other motor vehicles; and 4) Riders of such off-road recreational vehicles shall wear helmets of a type approved by the Superintendent of State Police; and 5) Operators of off-road recreational vehicles shall be licensed drivers 16 years or older; however, no person shall operate any off-road recreational vehicle as provided in this section if his driver's license, whether issued in the Commonwealth or in another jurisdiction, has been suspended or revoked. 6) Operators of off-road recreational vehicles that use designated public roads pursuant to this ordinance must first obtain a permit for such use from the Southwest Regional Recreation Authority and pay such fee for such permit as the Southwest Regional Recreation Authority provides. 7) All off-road recreation vehicles operating on public roads designated pursuant to this ordinance shall not exceed a maximum speed of 25 mph. Upon adoption of this ordinance the County Administrator is directed to notify in writing the Virginia State Police and all law-enforcement agencies within Buchanan County of the Board of Supervisors' action in adopting this ordinance; a copy of this ordinance shall be included with such written notification; a copy of this ordinance shall be included with written notification. This ordinance shall not take effect to any designated road until all signs have been posted on such designated roads as required pursuant to subsection (A)(l) of this section. This amended ordinance was adopted on the 7 th day of October, Moved by: Trey Adkins Seconded by: Harold H. Fuller Yeas: Seven Nays: Zero Chairman of the Buchanan County Board of Supervisors ATTEST: Robert Craig Horn, County Administrator RALPH RIFE, WITH THE SONS OF CONFEDERATE VETERANS TO DISCUSS TEACHING CONFEDERATE HISTORY IN THE SCHOOL SYSTEM Ralph Rife, member of the Sons of Confederate Veterans voiced a concern that the children in the Buchanan County School System are not being taught Confederate history. If the students in the school system now had been taught Confederate history what happened on Friday, September 13 th at a football game, wouldn t happened. I ve talked to several school teachers and they said they can t teach anything regarding Confederate history unless it s on SOL s

6 Mr. Rife discussed the meaning of the St. Andrew s cross on the Confederate flag. The school system really needs to teach this to our children. Our ancestors fought for us and our kids needs to know, he commented. Trey Adkins, Knox District Supervisor agreed with Mr. Rife that the children in the school system do need to learn more about Confederate history. G. Roger Rife, Chairman stated Confederate history isn t taught in the early grade levels (K-6 grades). It s taught more after the 7 th grade. CONSIDER SCHEDULING PUBLIC HEARING FOR THE ABANDONMENT OF HACKNEY BRIDGE, COUNTY ROAD NUMBER 2142; ROSIE BRIDGE, COUNTY ROAD NUMBER 2053; TESTER BRIDGE, COUNTY ROAD NUMBER 2068 AND LAUREL LAYNE BRIDGE ROAD, COUNTY ROAD NUMBER 2073 After a general discussion by the board upon motion bytrey Adkins seconded by Harold H. Fuller with a roll call vote of seven (7) yeas, Trey Adkins, Harold H. Fuller, J. Carroll Branham, William P. Harris, G. Roger Rife, Earl Scott, Craig Stiltner and zero (0) nays, this board did hereby approve to schedule the following public hearings: a) Approved to schedule a public hearing for Monday, December 2 nd, 2013 at 3:15 p.m. to hear public comments regarding the abandonment of Hackney Bridge Road, county road number 2142 located in the Knox Magisterial District. Also, approve to request the Coal Haul Road Committee to appropriate $10, to pay the property owner to accept the bridge that is being taken out of the county road system. b) Approved to schedule a public hearing for Monday, December 2 nd, 2013 at 3:20 p.m. to hear public comments regarding the abandonment of Rosie Bridge Road, county road number 2053 located in the Knox Magisterial District. Also, approve to request the Coal Haul Road Committee to appropriate $10, to pay the property owner to accept the bridge that is being taken out of the county road system. c) Approved to schedule a public hearing for Monday, December 2 nd, 2013 at 3:25 p.m. to hear public comments regarding the abandonment of Tester Bridge Road, county road number 2068 located in the Knox Magisterial District. Also, approve to request the Coal Haul Road Committee to appropriate $10, to pay the property owner to accept the bridge that is being taken out of the county road system. d) Approved to schedule a public hearing for Monday, December 2 nd, 2013 at 3:30 p.m. to hear public comments regarding the abandonment of Laurel Layne Bridge Road, county road number 2073 located in the Knox Magisterial District. Also, approve to request the Coal Haul Road Committee to appropriate $10, to pay the property owner to accept the bridge that is being taken out of the county road system

7 CONSIDER APPROVING BID FOR ASPHALTING THE PARKING LOT AT THE HARMAN HEAD START CENTER AND AUTHORIZE THE CHAIRMAN OF THE BUCHANAN COUNTY BOARD OF SUPERVISORS AND ROBERT CRAIG HORN, COUNTY ADMINISTRATOR FOR BUCHANAN COUNTY, VIRGINIA TO EXECUTE SUCH CONTRACT ON BEHALF OF BUCHANAN COUNTY WITH THE APPROVAL AS TO FORM BY THE COUNTY ATTORNEY This issue was tabled at this time. CONSIDER APPROVING BID FOR FY 2013/2014 COUNTY ROAD HOT MIX ASPHALT SUPPLIER AND AUTHORIZE THE CHAIRMAN OF THE BUCHANAN COUNTY BOARD OF SUPERVISORS AN DROBERT CRAIG HORN, COUNTY ADMINISTRATOR FOR BUCHANAN COUNTY, VIRGINIA TO EXECUTE SUCH CONTRACT ON BEHALF OF BUCHANAN COUNTY WITH THE APPROVAL AS TO FORM BY THE COUNTY ATTORNEY Marcus Stiltner, Coal Haul Road Engineer stated the supplier that received the bid for the county s road hot mix asphalt ended at the end of September We are now purchasing the asphalt through purchase orders. There was only one bid received for the road hot mix asphalt, which was from W-L Construction & Paving, Inc. The price for SM-12.5 AL is $93.87 per ton; SM-19.0 AL is $85.91 per ton and BM-25.0 A is $78.80 per ton. After a general discussion by the board upon motion by Trey Adkins seconded by Craig Stiltner with a roll call vote of seven (7) yeas, Trey Adkins, Harold H. Fuller, J. Carroll Branham, William P. Harris, G. Roger Rife, Earl Scott, Craig Stiltner and zero (0) nays, this board did hereby approve the bid for FY 2013/2014 from W-L Construction & Paving, Inc. for County Road Hot Mix Asphalt Supplier and authorized the Chairman of the Buchanan County Board of Supervisors and Robert Craig Horn, County Administrator for Buchanan County, Virginia to execute such Contract on behalf of Buchanan County with the approval as to form by the County Attorney

8 CONSIDER ADOPTING A RESOLUTION TO ACCEPT THE DEED OF GIFT OF RIGHT-OF-WAY FOR DOUBLING FIELDS ROAD, LOCATED IN THE ROCKLICK MAGISTERIAL DISTRICT FROM BETWEEN LARRY SAMUELY LOONEY TO BUCHANAN COUNTY, VIRGINIA AND AUTHORIZED, G. ROGER RIFE, CHAIRMAN OF THE BUCHANAN COUNTY BOARD OF SUPERVISORS AND ROBERT CRAIG HORN, COUNTY ADMINISTRATOR FOR BUCHANAN COUNTY, VIRGINIA TO EXECUTE SUCH DEED ON BEHALF OF BUCHANAN COUNTY TO ACKNOWLEDGE ITS ACCEPTANCE OF SUCH PROPERTY WITH THE APPROVAL AS TO FORM BY THE COUNTY ATTORNEY After a general discussion by the board upon motion by Craig Stiltner seconded by Harold H. Fuller with a roll call vote of seven (7) yeas, Trey Adkins, Harold H. Fuller, J. Carroll Branham, William P. Harris, G. Roger Rife, Earl Scott, Craig Stiltner and zero (0) nays, this board did hereby adopt the following Resolution to accept the Deed of Gift of Right-of-Way for Doubling Fields Road, located in the Rocklick Magisterial District from between Larry Samuely Looney to Buchanan County, Virginia and authorized G. Roger Rife, Chairman of the Buchanan County Board of Supervisors and Robert Craig Horn, County Administrator for Buchanan County, Virginia to execute such Deed on behalf of Buchanan County to acknowledge its acceptance of such property with the approval as to form by the County Attorney: RESOLUTION ACCEPTANCE OF DEED OF GIFT OF RIGHT-OF-WAY AND EASEMENT BY AND BETWEEN LARRY SAMUELY LOONEY TO BUCHANAN COUNTY, VIRGINIA REGARDING DOUBLING FIELDS ROAD LOCATED IN THE ROCKLICK MAGISTERIAL DISTRICT BE IT RESOLVED, by the Buchanan County Board of Supervisors that we approve acceptance of the property described in that Deed of Gift of Right-of-Way and Easement attached hereto between Larry Samuely Looney to Buchanan County, Virginia and authorized the Chairman of the Buchanan County Board of Supervisors and Robert Craig Horn, County Administrator for Buchanan County, Virginia to execute such Deed on behalf of Buchanan County to acknowledge its acceptance of such property with the approval as to form by the County Attorney. This Resolution was adopted by the Buchanan County Board of Supervisors on this the 7 th day of October, 2013 by a roll call vote of seven for and zero against. ATTEST: Chairman of the Buchanan County Board of Supervisors Robert Craig Horn, County Administrator 10234

9 THIS DEED OF GIFT OF RIGHT-OF-WAY AND EASEMENT made and entered into on this the 7 th day of October, 2013, by and between LARRY LOONEY; hereinafter sometimes referred to as "GRANTOR", and BUCHANAN COUNTY, a Political Subdivision of the Commonwealth of Virginia, hereinafter sometimes referred to as "GRANTEE". [Exempt from recordation taxes pursuant to Code ] WITNESSETH: WHEREAS, the Grantor owns the property indentified on Exhibit A which is attached and made part of this agreement by incorporation by reference upon which repairs and improvements to the drainage facilities are needed; and WHEREAS, the Grantor has agreed to convey by gift, a permanent right-of-way and easement upon and across the lands and property of the Grantor adjacent to County Road No Doubling Fields Road for the purpose of constructing, operating, maintaining, adding to, altering or replacing present or future drainage structures and/or drainage ditches for the collection, channeling, and disbursement and removal of storm water and its transmission under and off of County Road No Doubling Fields Road and including the right of egress and ingress to same drainage structure and/or drainage ditch; and now therefore, THAT for and in consideration of the benefit to be derived by the general public from this gift, the Grantor does hereby give, grant and convey, with covenants of general warranty, unto the said Grantee, its successors and assigns, the following described perpetual right-of-way and easement, to-wit: The easement is to be forty feet (40 ) in width, with said forty feet (40 ) width being measured twenty feet (20 ) on both sides of the easement centerline as described below: The proposed drainage easement is described as follows: Beginning at a point near the edge of Doubling Fields Road, thence down and with the said road S E 40.00, thence crossing the creek S W 80.00, thence N W 40.00, thence N E to the beginning and containing 3,200 sq. ft. Included in this right-of-way conveyance is the right for the Grantee and their agents to inspect the drainage structure and/or drainage ditch and to cut, clear, and remove all undergrowth and other obstructions in and along the drainage structure and/or drainage ditch or adjacent thereto that may in any way endanger or interfere with the proper use of same. The Grantor has agreed to convey by gift, a permanent right-of-way and easement upon and across the lands and property of the Grantor adjacent to County Road No Doubling Fields Road for the purpose of constructing, operating, maintaining, adding to, altering or replacing present or future drainage structures and/or drainage ditches for the collection, channeling, and disbursement and removal of storm water and its transmission under and off of County Road No Doubling Fields Road and including the right of egress and ingress to same drainage structure and/or drainage ditch

10 Source and title for Grantor: Larry Looney, acquired a portion of the land affected by this right-of-way deed by a deed of conveyance recorded in instrument , in the Clerk s Office of the Circuit Court of Buchanan County, Virginia. For a more particular description of said conveyance reference is made to the recorded deed. Said land affected by this right-of-way deed is shown as a portion of parcel #125 on Tax Map #2HH-277. The Grantor by the execution of this instrument acknowledges that the plans for the aforesaid said drainage easement as they affect his property have been fully explained to him or his authorized representative. The Grantor covenants to and with the Grantee that he will warrant generally the title to the property hereby conveyed; that he has the right to convey same to the Grantee; that the Grantee shall have quiet possession of same, free from encumbrances, that he has done no act to encumber same other than the deeds of trust and assignments thereof as described above; and, that he will execute such other and further assurances of title as may be requisite. The Grantor further covenants that he owns all of the rights conveyed herein and that there are no other persons who need to sign this Deed to convey such rights. That on the day of, 2013, the Buchanan County Board of Supervisors, at a duly held meeting of the Board, approved the acquisition of the rightof-way and drainage easement described herein and the Chairman of the Buchanan County Board of Supervisors and the County Administrator for Buchanan County by their execution of this Deed acknowledge that the Buchanan County Board of Supervisors has authorized acceptance of this right-of-way conveyance. The execution of this Deed by Lawrence L. Moise III, County Attorney for Buchanan County, Virginia, indicates his approval of the form of this Deed. CONSIDER APPROVING THE LAND USE PERMIT FROM CNX GAS COMPANY, LLC. TO CONSTRUCTION ROAD ACCESS OFF OF COUNTY ROAD NUMBER 3123, SMITH BRANCH After a general discussion by the board upon motion by J. Carroll Branham seconded by Harold H. Fuller with a roll call vote of seven (7) yeas, Trey Adkins, Harold H. Fuller, J. Carroll Branham, William P. Harris, G. Roger Rife, Earl Scott, Craig Stiltner and zero (0) nays, this board did hereby approve the Land Use Permit from CNX Gas Company, LLC. to construction road access off of county road number 3123, Smith Branch, located in the North Grundy Magisterial District

11 PUBLIC HEARING 3:30 P.M. - TO HEAR PUBLIC COMMENTS REGARDING THE ABANDONMENT OF, COUNTY ROAD NUMBER 3050, BOOTH BRANCH ROAD LOCATED IN THE NORTH GRUNDY MAGISTERIAL DISTRICT This issue was tabled. CONSIDER ADOPTING A RESOLUTION TO ACCEPT THE DEED OF GIFT FOR LESTER BRIDGE LOCATED IN THE ROCKLICK MAGISTERIAL DISTRICT BY AND BETWEEN GARY DEAN LESTER & DIANNE LESTER, HUSBAND AND WIFE TO BUCHANAN COUNTY, VIRGINIA AND AUTHORIZE, G. ROGER RIFE, CHAIRMAN OF THE BUCHANAN COUNTY BOARD OF SUPERVISORS AND ROBERT CRAIG HORN, COUNTY ADMINISTRATOR FOR BUCHANAN COUNTY, VIRGINIA TO EXECUTE SUCH DEED ON BEHALF OF BUCHANAN COUNTY TO ACKNOWLEDGE ITS ACCEPTANCE OF SUCH PROPERTY WITH THE APPROVAL AS TO FORM BY THE COUNTY ATTORNEY After a general discussion by the board upon motion by Craig Stiltner seconded by Trey Adkins with a roll call vote of seven (7) yeas, Trey Adkins, Harold H. Fuller, J. Carroll Branham, William P. Harris, G. Roger Rife, Earl Scott, Craig Stiltner and zero (0) nays, this board did hereby adopt the following Resolution to accept the Deed of Gift for Lester Bridge located in the Rocklick Magisterial District by and between Gary Dean Lester & Dianne Lester, husband and wife to Buchanan County, Virginia and authorized G. Roger Rife, Chairman of the Buchanan County Board of Supervisors and Robert Craig Horn, County Administrator for Buchanan County, Virginia to execute such Deed on behalf of Buchanan County to acknowledge its acceptance of such property with the approval as to form by the County Attorney: RESOLUTION ACCEPTANCE OF DEED OF GIFT BY AND BETWEEN GARY DEAN LESTER & DIANNE LESTER, HUSBAND AND WIFE TO BUCHANAN COUNTY, VIRGINIA REGARDING LESTER BRIDGE LOCATED IN THE ROCKLICK MAGISTERIAL DISTRICT BE IT RESOLVED, by the Buchanan County Board of Supervisors that we approve acceptance of the property described in that Deed of Gift attached hereto between by and between Gary Dean Lester & Dianne Lester, Husband and Wife, to Buchanan County, Virginia regarding Lester Bridge located in the Rocklick Magisterial District to Buchanan County, Virginia and authorized the Chairman of the Buchanan County Board of Supervisors and Robert Craig Horn, County Administrator for Buchanan County, Virginia to execute such Deed on behalf of Buchanan County to acknowledge its acceptance of such property with the approval as to form by the County Attorney

12 This Resolution was adopted by the Buchanan County Board of Supervisors on this the 7 th day of October, 2013 by a roll call vote of seven for and zero against. ATTEST: Robert Craig Horn, County Administrator Chairman of the Buchanan County Board of Supervisors THIS DEED OF GIFT, made and entered into on this the 7 th day of October, 2013, by and between GARY DEAN LESTER & DIANNE LESTER, husband and wife, hereinafter sometimes referred to as GRANTOR, and BUCHANAN COUNTY, VIRGINIA, a Political Subdivision of the Commonwealth of Virginia, hereinafter sometimes referred to as GRANTEE. [Exempt from recordation taxes pursuant to Code (A) (3).] W I T N E S S E T H: WHEREAS, the Grantee wishes to maintain a bridge with turnaround area which is a part of the public road in the Rocklick Magisterial District for the traveling public, named Lester Bridge, County Road # 2022; and WHEREAS, the Grantors desire to give and donate and the Grantee desires to accept such property as set forth in this deed of conveyance to provide the right of way for a road with turnaround area which is part of the public road known as Lester Bridge, County Road # 2022; and, NOW THEREFORE, for and in consideration of promoting the public interest by providing a road with turnaround area which is part of a public road known as Lester Bridge, County Road # 2022 for use of the traveling public, the Grantors do hereby give, donate, grant and convey unto the Grantee, WITH GENERAL WARRANTY AND ENGLISH COVENANTS OF TITLE, all their right, title and interest in and to all of those certain tracts or parcels of land situate in the Rocklick Magisterial District, in Buchanan County, Virginia, and being a portion of the same property which were acquired by the Grantors as set out in the sources of title herein, and being more particularly bounded and described as follows: The existing bridge deck area is described as follows: Beginning At A point on the South right-of-way of Route 645, said point has an approximate NAD 1983 Virginia South Zone Coordinate value of N=3,682, and E=10,415, ; Thence with said right-of-way N 40 21'41" E A Distance Of 50.91' to a point; Thence leaving said right-of-way and crossing Rocklick Creek S 59 37'02" E A Distance Of 50.50' to a point; Thence S 36 06'41" W A Distance Of ' to a point; Thence N 22 15'19" W A Distance Of 26.16' to a point; Thence N 77 49'18" W A Distance Of 20.87' to a point; Thence crossing Rocklick 10238

13 Creek S 82 42'04" W A Distance Of 17.45'; To the point of beginning, having an area of Square Feet, and containing Acres more or less. Source and title for grantors: Gary Dean Lester and Dianne Lester, husband and wife, acquired a portion of the land affected by this right-of-way deed by a deed conveyance recorded in Deed Book 274, Page 626 in the Clerk s Office of the Circuit Court of Buchanan County, Virginia For a more particular description of said conveyance reference is made to the recorded deed. Said land affected by this right-of-way deed is shown as parcels #016 on Tax Map #2HH-235. Included in this deed of conveyance is the permanent right and easement to use such additional areas for cut and/or fill slopes as being required for the proper execution of the work to be performed. Said work shall include location and construction of, or other improvement to, a public road to be used and utilized by the general public at large for all public transportation purposes. Said permanent easement will be utilized for maintenance of cut and/or fill slopes created as a requirement for the proper execution of the work to be performed. Included in this deed of conveyance is the right and easement to construct, improve, relocate and maintain any creek, drain, drainage ditch or other drainage facilities that may exist on the lands of the Grantors or that may be needed or convenient for the proper and adequate drainage of the aforesaid road and surrounding property and/or location, construction, reconstruction or other improvement of a road within the property to be conveyed. AND FURTHER WITNESSETH: That the Grantors, for the consideration state above, also covenant and agree, upon demand of any public utility company or corporation having its facilities in, over or across the lands herein conveyed, that they, the said Grantors, will give, grant and convey unto such public utility company or corporation an easement in, over and across the lands of the Grantors lying adjacent to the lands herein conveyed for the relocation, construction, operation and maintenance of said facilities. The Grantors covenant to and with the Grantee that they will warrant generally the title to the property hereby conveyed; that they have the right to convey same to the Grantee; that the Grantee shall have quiet possession of same, free from encumbrances, that Grantors have done no act to encumber same; and, that Grantors will execute such other and further assurances of title as may be requisite. There is hereby excepted and reserved from the operation of this conveyance such of the coal, oil, minerals, rights, privileges, etc., as may have been heretofore sold or excepted from said land by prior owners. Additionally, this conveyance is subject to all exceptions, limitations or conditions contained in any document which constitutes a muniment of title to the property being conveyed herein and that have been heretofore been recorded in the Clerk s Office of the Circuit Court of Buchanan County, Virginia

14 That on the day of, 2013, the Buchanan County Board of Supervisors, at a duly held meeting of the Board, approved the acquisition of the property described herein and the Chairman of the Buchanan County Board of Supervisors and the County Administrator for Buchanan County by their execution of this Deed acknowledge that the Buchanan County Board of Supervisors has authorized this property acquisition. The execution of this Deed by Lawrence L. Moise III, County Attorney for Buchanan County, Virginia indicates his approval of the form of this Deed. CONSIDER ADOPTING A RESOLUTION TO ACCEPT THE DEED OF GIFT OF RIGHT-OF-WAY AND EASEMENT FOR DAVIS FORK ROAD LOCATED IN THE KNOX MAGISTERIAL DISTRICT BY AND BETWEEN VANESSA SPARKS TO BUCHANAN COUNTY, VIRGINIA AND AUTHORIZE, G. ROGER RIFE, CHAIRMAN OF THE BUCHANAN COUNTY BOARD OF SUPERVISORS AND ROBERT CRAIG HORN, COUNTY ADMINISTRATOR FOR BUCHANAN COUNTY, VIRGINIA TO EXECUTE SUCH DEED ON BEHALF OF BUCHANAN COUNTY TO ACKNOWLEDGE ITS ACCEPTANCE OF SUCH PROPERTY WITH THE APPROVAL AS TO FORM BY THE COUNTY ATTORNEY After a general discussion by the board upon motion by Trey Adkins seconded by Craig Stiltner with a roll call vote of seven (7) yeas, Trey Adkins, Harold H. Fuller, J. Carroll Branham, William P. Harris, G. Roger Rife, Earl Scott, Craig Stiltner and zero (0) nays, this board did hereby adopt the following Resolution to accept the Deed of Gift of Right-of-Way and Easement for Davis Fork Road located in the Knox Magisterial District by and between Vanessa Sparks to Buchanan County, Virginia and authorized G. Roger Rife, Chairman of the Buchanan County Board of Supervisors and Robert Craig Horn, County Administrator for Buchanan County, Virginia to execute such Deed on behalf of Buchanan County to acknowledge its acceptance of such property with the approval as to form by the County Attorney: RESOLUTION ACCEPTANCE OF DEED OF GIFT OF RIGHT-OF-WAY AND EASEMENT BY AND BETWEEN VANESSA SPARKS TO BUCHANAN COUNTY, VIRGINIA REGARDING DAVIS FORK ROAD LOCATED IN THE KNOX MAGISTERIAL DISTRICT BE IT RESOLVED, by the Buchanan County Board of Supervisors that we approve acceptance of the property described in that Deed of Gift of Right-of-Way and Easement attached hereto between by and between Vanessa Sparks to Buchanan County, Virginia regarding Davis Fork Road located in the Knox Magisterial District to Buchanan County, Virginia and authorized the Chairman of the Buchanan County Board of 10240

15 Supervisors and Robert Craig Horn, County Administrator for Buchanan County, Virginia to execute such Deed on behalf of Buchanan County to acknowledge its acceptance of such property with the approval as to form by the County Attorney. This Resolution was adopted by the Buchanan County Board of Supervisors on this the 7 th day of October, 2013 by a roll call vote of seven for and zero against. Chairman of the Buchanan County Board of Supervisors ATTEST: Robert Craig Horn, County Administrator THIS DEED OF GIFT OF RIGHT-OF-WAY AND EASEMENT made and entered into on this the 7 th day of October, 2013, by and between VANESSA SPARKS; hereinafter sometimes referred to as "GRANTOR", and BUCHANAN COUNTY, a Political Subdivision of the Commonwealth of Virginia, hereinafter sometimes referred to as "GRANTEE". [Exempt from recordation taxes pursuant to Code ] WITNESSETH: WHEREAS, the Grantor owns the property indentified on Exhibit A which is attached and made part of this agreement by incorporation by reference upon which repairs and improvements to the drainage facilities are needed; and WHEREAS, the Grantor has agreed to convey by gift, a permanent right-of-way and easement upon and across the lands and property of the Grantor adjacent to County Road No Davis Fork Road, in the Knox Magisterial District for the purpose of constructing, operating, maintaining, adding to, altering or replacing present or future drainage structures and/or drainage ditches for the collection, channeling, and disbursement and removal of storm water and its transmission under and off of County Road No Davis Fork Road, in the Knox Magisterial District and including the right of egress and ingress to same drainage structure and/or drainage ditch; and now therefore, THAT for and in consideration of the benefit to be derived by the general public from this gift, the Grantor does hereby give, grant and convey, with covenants of general warranty, unto the said Grantee, its successors and assigns, the following described perpetual right-of-way and easement, to-wit: The easement is to be forty feet (40 ) in width, with said forty feet (40 ) width being measured twenty feet (20 ) on both sides of the easement centerline as described below: The proposed drainage easement is described as follows: Beginning at a point near the edge of Davis Fork road, thence up and with the said road S E 40.00, thence leaving the said road and crossing the creek S W 10241

16 20.00, thence N W 40.00, thence N E to the beginning and containing sq. ft. Included in this right-of-way conveyance is the right for the Grantee and their agents to inspect the drainage structure and/or drainage ditch and to cut, clear, and remove all undergrowth and other obstructions in and along the drainage structure and/or drainage ditch or adjacent thereto that may in any way endanger or interfere with the proper use of same. The Grantor has agreed to convey by gift, a permanent right-of-way and easement upon and across the lands and property of the Grantor adjacent to County Road No Davis Fork Road for the purpose of constructing, operating, maintaining, adding to, altering or replacing present or future drainage structures and/or drainage ditches for the collection, channeling, and disbursement and removal of storm water and its transmission under and off of County Road No Davis Fork Road, in the Knox Magisterial District and including the right of egress and ingress to same drainage structure and/or drainage ditch. Source and title for Grantor: Vanessa Sparks, acquired a portion of the land affected by this right-of-way deed by a deed of conveyance recorded in instrument , in the Clerk s Office of the Circuit Court of Buchanan County, Virginia. For a more particular description of said conveyance reference is made to the recorded deed. Said land affected by this right-of-way deed is shown as a portion of parcel #007B on Tax Map #2HH-111. The Grantor by the execution of this instrument acknowledges that the plans for the aforesaid said drainage easement as they affect her property have been fully explained to him or his authorized representative. The Grantor covenants to and with the Grantee that she will warrant generally the title to the property hereby conveyed; that she have the right to convey same to the Grantee; that the Grantee shall have quiet possession of same, free from encumbrances, that she has done no act to encumber same other than the deeds of trust and assignments thereof as described above; and, that she will execute such other and further assurances of title as may be requisite. The Grantor further covenants that she owns all of the rights conveyed herein and that there are no other persons who need to sign this Deed to convey such rights. That on the day of, 2013, the Buchanan County Board of Supervisors, at a duly held meeting of the Board, approved the acquisition of the rightof-way and drainage easement described herein and the Chairman of the Buchanan County Board of Supervisors and the County Administrator for Buchanan County by their execution of this Deed acknowledge that the Buchanan County Board of Supervisors has authorized acceptance of this right-of-way conveyance. The execution of this Deed by Lawrence L. Moise III, County Attorney for Buchanan County, Virginia, indicates his approval of the form of this Deed

17 CONSIDER ADOPTING A RESOLUTION TO ACCEPT THE DEED OF GIFT FOR CINNAMON ROAD LOCATED IN THE ROCKLICK MAGISTERIAL DISTRICT BY AND BETWEEN RICKY LOONEY AND KIM LOONEY, HUSBAND AND WIFE TO BUCHANAN COUNTY, VIRGINIA AND AUTHORIZE, G. ROGER RIFE, CHAIRMAN OF THE BUCHANAN COUNTY BOARD OF SUPERVISORS AND ROBERT CRAIG HORN, COUNTY ADMINISTRATOR FOR BUCHANAN COUNTY, VIRGINIA TO EXECUTE SUCH DEED ON BEHALF OF BUCHANAN COUNTY TO ACKNOWLEDGE ITS ACCEPTANCE OF SUCH PROPERTY WITH THE APPROVAL AS TO FORM BY THE COUNTY ATTORNEY After a general discussion by the board upon motion by Craig Stiltner seconded by Harold H. Fuller with a roll call vote of seven (7) yeas, Craig Stiltner, Trey Adkins, Harold H. Fuller, G. Roger Rife, William P. Harris, J. Carroll Branham, Earl Scott and zero (0) nays, this board did hereby adopt the following Resolution to accept the Deed of Gift for Cinnamon Road located in the Rocklick Magisterial District by and between Ricky Looney and Kim Looney, Husband and Wife to Buchanan County, Virginia and authorized G. Roger Rife, Chairman of the Buchanan County Board of Supervisors and Robert Craig Horn, County Administrator for Buchanan County, Virginia to execute such Deed on behalf of Buchanan County to acknowledge its acceptance of such property with the approval as to form by the County Attorney: RESOLUTION ACCEPTANCE OF DEED OF GIFT BY AND BETWEEN RICKY LOONEY & KIM LOONEY, HUSBAND AND WIFE AND JAMES LOONEY TO BUCHANAN COUNTY, VIRGINIA REGARDING CINNAMON ROAD LOCATED IN THE ROCKLICK MAGISTERIAL DISTRICT BE IT RESOLVED, by the Buchanan County Board of Supervisors that we approve acceptance of the property described in that Deed of Gift of attached hereto between by and between Ricky Looney & Kim Looney, husband and wife; and James Looney to Buchanan County, Virginia regarding Cinnamon Road located in the Rocklick Magisterial District to Buchanan County, Virginia and authorized the Chairman of the Buchanan County Board of Supervisors and Robert Craig Horn, County Administrator for Buchanan County, Virginia to execute such Deed on behalf of Buchanan County to acknowledge its acceptance of such property with the approval as to form by the County Attorney. This Resolution was adopted by the Buchanan County Board of Supervisors on this the 7 th day of October, 2013 by a roll call vote of seven for and zero against. Chairman of the Buchanan County Board of Supervisors 10243

18 ATTEST: Robert Craig Horn, County Administrator THIS DEED OF GIFT, made and entered into on this the 7 th day of October, 2013, by and between RICKY LOONEY & KIM LOONEY, husband and wife, and JAMES LOONEY hereinafter sometimes referred to as GRANTOR, and BUCHANAN COUNTY, VIRGINIA, a Political Subdivision of the Commonwealth of Virginia, hereinafter sometimes referred to as GRANTEE. [Exempt from recordation taxes pursuant to Code (A) (3).] W I T N E S S E T H: WHEREAS, the Grantee wishes to maintain a road with turnaround area which is a part of the public road in the Rocklick Magisterial District for the traveling public, named Cinnamon Road, County Road # 2239; and WHEREAS, the Grantors desire to give and donate and the Grantee desires to accept such property as set forth in this deed of conveyance to provide the right of way for a road with turnaround area which is part of the public road known as Cinnamon Road, County Road # 2239; and, NOW THEREFORE, for and in consideration of promoting the public interest by providing a road with turnaround area which is part of a public road known as Cinnamon Road, County Road # 2239 for use of the traveling public, the Grantors do hereby give, donate, grant and convey unto the Grantee, WITH GENERAL WARRANTY AND ENGLISH COVENANTS OF TITLE, all their right, title and interest in and to all of those certain tracts or parcels of land situate in the Rocklick Magisterial District, in Buchanan County, Virginia, and being a portion of the same property which were acquired by the Grantors as set out in the sources of title herein, and being more particularly bounded and described as follows: Beginning At A point on the dividing line between Ricky Looney(Lot 3) and James Looney (Lot 2), said point has an approximate NAD 1983 Virginia State Plane South Zone coordinate value of N= 3,665, and E=10,404, ; Thence with said division line S 54 41'41" W A Distance Of 40.05' to a point; Thence leaving said division line N 38 07'40" W A Distance Of 39.03' to a point on the South right-ofway of Route 610; Thence with said right-of-way the following N 46 13'42" E A Distance Of 18.69' to a point; Thence N 39 45'16" E A Distance Of 21.89' to a point; Thence leaving said right-of-way S 38 07'40" E A Distance Of 47.43'; to the point of beginning, having an area of Square Feet,And containing Acres more or less. Beginning At A point on the dividing line between James Looney (Lot 2) and Ricky Looney (Lot 3) said point has an approximate NAD 1983 Virginia State Plane 10244

19 South Zone coordinate value of N=3,665, and E=10,404, ; Thence leaving said division line S 38 07'40" E A Distance Of 9.47' to a point; Thence S 44 01'32" W A Distance Of 22.86' to a point; Thence S 76 17'23" W A Distance Of 19.06' to a point; Thence N 38 07'40" W A Distance Of 6.69' to a point in the said division line; Thence with said division line N 54 41'41" E A Distance Of 40.05'; To the point of beginning, having an area of Square Feet, and containing Acres more or less. Source and title for grantors: Ricky Looney and Kim Looney, husband and wife, acquired a portion of the land affected by this right-of-way deed by a deed conveyance recorded in Will Book 19 Page 691 in the Clerk s Office of the Circuit Court of Buchanan County, Virginia. For a more particular description of said conveyance reference is made to the recorded deed. Said land affected by this right-of-way deed is shown as parcels #011 B on Tax Map #2HH-279. Source and title for grantors: James Looney, acquired a portion of the land affected by this right-of-way deed by a deed conveyance recorded in Will Book 19 Page 691 in the Clerk s Office of the Circuit Court of Buchanan County, Virginia. For a more particular description of said conveyance reference is made to the recorded deed. Said land affected by this right-of-way deed is shown as parcels #011 A on Tax Map #2HH Included in this deed of conveyance is the permanent right and easement to use such additional areas for cut and/or fill slopes as being required for the proper execution of the work to be performed. Said work shall include location and construction of, or other improvement to, a public road to be used and utilized by the general public at large for all public transportation purposes. Said permanent easement will be utilized for maintenance of cut and/or fill slopes created as a requirement for the proper execution of the work to be performed. Included in this deed of conveyance is the right and easement to construct, improve, relocate and maintain any creek, drain, drainage ditch or other drainage facilities that may exist on the lands of the Grantors or that may be needed or convenient for the proper and adequate drainage of the aforesaid road and surrounding property and/or location, construction, reconstruction or other improvement of a road within the property to be conveyed. AND FURTHER WITNESSETH: That the Grantors, for the consideration state above, also covenant and agree, upon demand of any public utility company or corporation having its facilities in, over or across the lands herein conveyed, that they, the said Grantors, will give, grant and convey unto such public utility company or corporation an easement in, over and across the lands of the Grantors lying adjacent to the lands herein conveyed for the relocation, construction, operation and maintenance of said facilities

20 The Grantors covenant to and with the Grantee that they will warrant generally the title to the property hereby conveyed; that they have the right to convey same to the Grantee; that the Grantee shall have quiet possession of same, free from encumbrances, that Grantors have done no act to encumber same; and, that Grantors will execute such other and further assurances of title as may be requisite. There is hereby excepted and reserved from the operation of this conveyance such of the coal, oil, minerals, rights, privileges, etc., as may have been heretofore sold or excepted from said land by prior owners. Additionally, this conveyance is subject to all exceptions, limitations or conditions contained in any document which constitutes a muniment of title to the property being conveyed herein and that have been heretofore been recorded in the Clerk s Office of the Circuit Court of Buchanan County, Virginia. That on the day of, 2013, the Buchanan County Board of Supervisors, at a duly held meeting of the Board, approved the acquisition of the property described herein and the Chairman of the Buchanan County Board of Supervisors and the County Administrator for Buchanan County by their execution of this Deed acknowledge that the Buchanan County Board of Supervisors has authorized this property acquisition. The execution of this Deed by Lawrence L. Moise III, County Attorney for Buchanan County, Virginia indicates his approval of the form of this Deed. CONSIDER ADOPTING A RESOLUTION TO ACCEPT THE DEED OF GIFT FOR COOK BRIDGE LOCATED IN THE KNOX MAGISTERIAL DISTRICT BY AND BETWEEN RONNIE EARL COOK TO BUCHANAN COUNTY, VIRGINIA AND AUTHORIZE, G. ROGER RIFE, CHAIRMAN OF THE BUCHANAN COUNTY BOARD OF SUPERVISORS AND ROBERT CRAIG HORN, COUNTY ADMINISTRATOR FOR BUCHANAN COUNTY, VIRGINIA TO EXECUTE SUCH DEED ON BEHALF OF BUCHANAN COUNTY TO ACKNOWLEDGE ITS ACCEPTANCE OF SUCH PROPERTY WITH THE APPROVAL AS TO FORM BY THE COUNTY ATTORNEY After a general discussion by the board upon motion by Trey Adkins seconded by Earl Scott with a roll call vote of seven (7) yeas, Trey Adkins, Harold H. Fuller, William P. Harris, Craig Stiltner, G. Roger Rife, Earl Scott, J. Carroll Branham and zero (0) nays, this board did hereby adopt the following Resolution to accept the Deed of Gift for Cook Bridge located in the Knox Magisterial District by and between Ronnie Earl Cook to Buchanan County, Virginia and authorized G. Roger Rife, Chairman of the Buchanan County Board of Supervisors and Robert Craig Horn, County Administrator for Buchanan County, Virginia to execute such Deed on behalf of Buchanan County to acknowledge its acceptance of such property with the approval as to form by the County Attorney: 10246