CHAPTER 277

An Act to authorize the Commission of Game and Inland Fisheries, with
the approval of the Governor, to exchange certain lands, easements
amd rights m Walker’s Creek Magisterial District of Rockbridge
County with the National Capital Area Council, Boy Scouts of

merica.

[H 489]
Approved March 31, 1966

Be it enacted by the General Assembly of Virginia:

1. § 1. The Commission of Game and Inland Fisheries is hereinafter
in this act referred to as Commission, and the National Capital Area
Council, Boy Scouts of America, is hereinafter referred to as BSA.

§ 2. The Commission, with the prior written approval of the Gov-
ernor, is authorized and empowered to execute and deliver a deed in proper
legal form and with general warranty of title, transferring all its right,
title and interest in and to certain lands and rights, situate in Walker’s
Creek Magisterial District of Rockbridge County in accordance with the
following conditions:

. The deed representing the conveyance of land and rights shall be
made by the Commission to BSA and shall convey a tract of land, with
appurtenances, lying east of the Little Calf Pasture River and northeast
of Secondary State Road No. 39, above the area known as Goshen Pass
and above the confluence of the Big Calf Pasture River and the Little
Calf Pasture River (which streams combine to create the Maury River) ;
the acreage to be conveyed consisting of a tract of 226.44 acres, more or
less, as shown upon a Plat entitled, “LANDS OF GAME AND INLAND
FISHERIES TO BE CONVEYED TO BOY SCOUTS OF AMERICA”,
which shows the courses and distances of the area to be conveyed and which
appears of record in the Office of the Clerk of the Circuit Court of Rock-
bridge County, Virginia in Plat Book 4 at page 52; the conveyance to be
made in accordance with the courses, distances and acreage shown upon
the recorded plat.

B. The deed from the Commission to BSA shall include the follow-
ing easements and rights to be conveyed for the benefit of BSA in accord-
ance with the following provisions:

(1) The deed shall include a grant to BSA of a water right with
respect to the accumulation and use of a portion of the water produced
by Kelso he located upon lands owned by the Commission adjacent
to lands owned by BSA; BSA to be granted the right to construct a reser-
voir not to exceed four acres in area at or near the source of Kelso Spring ;
the right to enclose the area for purposes of sanitation; the right to install
and maintain a pipeline leading from the reservoir to BSA lands; all with
the understanding that the Commission reserves joint right to the use
of the waters from Kelso Spring as the same emanate from the BSA
reservoir; that proper precautions will be taken by BSA at all times with
respect to the preservation of marine life below the spring in Kelso Run,
and with the understanding that the Commission assumes no respon-
sibility with respect to any water system installed and used by BSA; such
water T system, in any event, to be subject to the approval of the State Board
oO .

(2) The deed shall further include a grant for the benefit of BSA,
permitting BSA to create and maintain hiking trails and overnight camp
sites upon the lands adjoining BSA and owned by the Commission for
the sole use of Boy Scouts actually in residence upon BSA camp sites on
adjacent lands, all of which shall be located with the approval of the
Commission; the use of such hiking trails and overnight camp sites shall
be subject to adequate supervision by qualified adult representatives of
BSA; and subject to such regulations as may be imposed by the Com-
mission with particular reference to forest fire hazards and to the protec-
tion of game, bird and marine life, which regulations may be revised from
time to time by the Commission.

(3) It is specifically provided that the water rights specified above
in § 2, paragraph B (1), and the rights for the creation, maintenance and
use of hiking trails and overnight camp sites as provided above in § 2,
paragraph B (2) shall remain effective only during such period of time as
BSA uses its adjoining lands in conjunction with the activities of the
Boy Scouts of America; with the understanding that such easement and
rights are not assignable by BSA to any other person, firm, corporation,
or association, except to a similar organization operated exclusively under
the direction of and for the benefit of the Boy Scouts of America; other-
wise, such rights shall cease and determine and be of no further effect
whatsoever.

§ 3. In exchange for the conveyance of lands and rights from the
Commission to BSA as authorized in paragraphs A, B(1) and B(2) of § 2,
and as consideration therefor, the Commission is authorized to receive a
deed of general warranty in proper legal form, executed by BSA, convey-
ing to the Commission the following lands and rights: ,

A. All right, title and interest in and to two tracts of land with
appurtenances, situate in Walker’s Creek Magisterial District of Rock-
bridge County, fronting upon Secondary State Road No. 39, at the upper
end of the area known as Goshen Pass, one tract containing 282.3 acres,
more or less, adjoining other lands owned by the Commission and the
lands of Carroll Wright, which tract fronts 6022.45 feet, more or less,
upon the westerly side of Secondary State Road No. 39; the other tract
containing 19.6 acres, more or less, fronting upon the easterly side of
Secondary State Road No. 39, lying upon both sides of the Maury River,
a short distance below the confluence of the Big and Little Calf Pasture
Rivers; both of such parcels being definitely described by courses and dis-
tances upon a plat entitled, “LANDS OF BOY SCOUTS OF AMERICA
TO BE CONVEYED TO THE COMMISSION OF GAME AND INLAND
FISHERIES”, which plat appears of record in the Office of the Clerk of
the Circuit Court of Rockbridge County, Virginia, in Plat Book 4 at page
53, the conveyance to be made in accordance with the courses, distances
and acreage, as shown upon the recorded plat.

B. The deed from BSA to the Commission shall include perpetual
easement and right of way over and across lands owned by BSA, fronting
upon Secondary State Road No. 601 under the following conditions:
(1) The easement shall be granted for the purpose of providing
access to and from lands owned by the Commission and lying to the east
side of the Little Calf Pasture River as a perpetual means of access to
and from such lands owned by the Commission to and from the public
road, No. 601; the location of the right of way to be agreed upon on the
ground by the ‘Commission and BSA.

(2) The basic width of the easement shall be thirty feet with the
right for the benefit of the Commission to additional widths necessary to
op td cuts, fills, culverts and bridges in the creation of an adequate

(3) The Commission shall have the right to provide lead-off road-
ways from the primary right of way to the boundary line of the lands
owned by the Commission at convenient entering points.

(4) The easement is created for general and administrative uses by
the Commission’s agents, employees and licensees; for forest fire protec-
tion and suppression, and for the removal of timber, pulpwood and forest
products at all times; and for public access under such regulations as the
Commission may impose from time to time.

(5) All road construction and maintenance, including the installation
and maintenance of bridges and culverts, shall be provided at the expense
of the Commission, however, the Commission shall not be obligated in any
event to construct any such roadway, culverts or bridges, except at the
will of the Commission.

(6) BSA reserves the right to the joint use of any roadways, bridges,
or culverts constructed by the Commission under the provisions of
easement granted by BSA, with the understanding that any damages to
the roadways, bridges or culverts resulting from the use of the ere
by BSA, its agents, employees or licensees shall be restored, repaired, and
placed in good condition at the expense of BSA.