HomeMy WebLinkAboutSP202000012 Deed of Gift of Easement 2020-06-15 (5)883pGo476 018994
Exempted from recordation tax
under the Code of Virginia (1950), as amended,
Section 58.1-811 (A) (3), 58.1-811 (D) and 10.1-1803
THIS DEED OF GIFT EASEMENT, made this 5th day of November,
1999, between THE GUARANTY TRUST COMPANY OF MISSOURI, TRUSTEE FOR
THE HOPE/HADLEY 1999 TRUST, herein called the Grantor, and the
VIRGINIA OUTDOORS FOUNDATION, an Agency of the COMMONWEALTH OF
VIRGINIA, herein called the Grantee, whose address is 203 Governor
Street, Suite 316, Richmond, Virginia 23219.
W I T N E S S E T H:
WHEREAS, the Open Space Land Act of 1966 (Chapter 17, Title
10.11 SS 10.2-1700 to 10.1-1705 of the Code of Virginia) declares
that the preservation of open -space land serves a public purpose by
promoting the health and welfare of the citizens of the
Commonwealth by curbing urban sprawl and encouraging more desirable
and economical development of natural resources, and authorizes the
use of easements in gross to maintain the character of open -space
land; and
WHEREAS, Chapter 18, Title 10.1 of the Code of Virginia (SS
10.1-1800 to 10.1-1804) declares it to be the public policy of the
Commonwealth to encourage preservation of the open -space land and
authorizes the Virginia Outdoors Foundation to hold real property
or any estate or interest therein for the purpose of preserving the
natural, scenic, historical, scientific, open -space and
recreational lands of the Commonwealth; and
WHEREAS, the property hereinafter described contains
Significant Open -Space Resources of "Farmlands and Forests" as
mapped on the concept map of the 1992 Open -Space Plan, (a part of
$K 1883PGo477
the Albemarle County Comprehensive Plan); and
WHEREAS, the house situated on one of the two parcels subject
to this deed is eligible for the Virginia Landmarks Register under
the laws of the Commonwealth of Virginia; and
WHEREAS, said property is situated adjacent to and in the view
shed of Mirador Farm which is on the Virginia Landmarks Register
and National Register of Historic Places.
NOW THEREFORE, in recognition of the foregoing and in
consideration of the mutual covenants herein and the acceptance by
Grantee, the Grantor does hereby grant and convey to the Grantee an
open -space easement in gross over, and the right in perpetuity to
restrict the use of the real estate, containing 179.91 acres, more
or less, described below and located in the Whitehall Magisterial
District of Albemarle County, Virginia, in Greenwood and fronting
on State Route 691 and hereinafter referred to as the "Property":
PARCEL A: A tract containing 155.50 acres, more or less, being
the remaining portion of a tract of 446 acres, more or less
conveyed unto C. D. L. Perkins (Sr.) By deed of William L.
Langhorne, substituted Trustee, and others, dated September
1, 1919, of record in the Clerk's Office of the Circuit Court
of Albemarle County in Deed Book 171, page 181, (previous off
conveyance in Deed Book 252, page 562, in Deed Book 444, page
614, and in Deed Book 593, page 146; BEING a portion of the
property conveyed to the Grantor herein by deed of James F.
Scott, unmarried, dated December 15, 1992, recorded in the
said Clerk's Office in Deed Book 1277, page 480.
PARCEL B: A tract containing by estimate 24.21 acres, which
was conveyed unto Lucie T. Perkins and C. D. L. Perkins (Jr.)
By deed of Virginia National Bank, Executor under the will of
Mona Marran and Fred W. Shields and wife dated March 17, 1975,
of record in the said Clerk's Office in Deed Book 570, page
417, together with water rights conveyed by instrument
recorded in said Clerk's Office in Deed Book 603, page 607;
BEING a portion of the property conveyed to the Grantor herein
by deed of James F. Scott, unmarried, dated December 15, 1992,
recorded in said Clerk's Office in Deed Book 1277, page 480.
E
SK 1863PGO4 78
AND SUBJECT, HOWEVER, to the restriction that the
Grantee or its Successors and assigns may not
transfer or convey the open -space easement herein
conveyed to the Grantee unless the Grantee conditions
such transfer or conveyance on the requirement that
(1) all restrictions and conservation purposes set
forth in the conveyance accomplished by this deed are
to be continued in perpetuity, and (2) the transferee
is an organization then qualifying as an eligible
donee as defined by Section 170(h)(3) of the Internal
Revenue Code of 1986, as amended and the applicable
Treasury Regulations promulgated thereunder.
This conveyance is further made subject to all matters
of record which may affect said parcel of land.
Restrictions are hereby imposed on uses of the property
pursuant to the public policies set forth above. The acts which
the Grantor, her heirs, successors, personal representatives and
assigns, covenants to do and not be do upon the property, and the
restrictions which the Grantee is hereby entitled to enforce, are
and shall be as follows:
1. Accumulation of trash, refuse, junk, or any other
unsightly material is not permitted on the Property.
2. Display of billboards, signs, or other advertisements is
not permitted on or over the Property except to state the
name and/or address of the owners, to advertise the sale
or lease of the Property, to advertise the sale of goods
or services produced incidentally to a permitted use of
the property or to provide notice necessary for the
protection of the Property and for giving directions to
visitors. No such sign shall exceed three by three feet
in size.
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BK i 883PG0479
3. subdivision or division of the Property in any manner is
prohibited.
4. No timbering shall be permitted on the Property other
than for the Grantor or their successors' domestic
consumption except for the cutting of trees which have
died naturally or which are removed for the permitted
uses in Paragraphs #5 and #6 hereunder, or which, were
they not removed, would jeopardize the character of the
forest on the Property or adjacent properties, or which
would present an immanent hazard to human health or
safety. It is the intent of the Grantor that the
woodlands remain in their natural state.
5. Grading, blasting or earth removal shall not materially
alter the topography of the Property except for dam
construction to create private conservation ponds or
lakes, or as required in construction of permitted
buildings and connecting private roads described in
paragraph 6, below. Mining on the Property is
prohibited.
6. No permanent or temporary building or structure shall be
built or maintained on the Property other than (i) the
existing single family dwelling and :ion -residential
outbuildings commonly and appropriately incidental
thereto, which dwelling may not be materially renovated
or repaired without permission of Grantee. (ii) two
secondary residential cottage dwellings, (iii) farm
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BKI883PGO480
buildings or structures. (iv) Grantor reserves the right
to construct one single family dwelling on the Chiswell
Tract (Parcel A), consistent with the architectural style
and design of the Mirador and Chiswell houses, provided
said dwelling does not impact upon the view shed of he
Mirador house. Farm buildings or structures exceeding
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,500 smlarA . feet In r-r r?�'�::d area :?'aY !?fit }fie constructed
on the Property unless prior written permission for said
building or structure is obtained in writing from
Grantee. No structure of any kind, either temporary or
permanent, regardless of type of material utilized and
regardless of whether or not their purpose would be for
human or animal habitation shall be constructed or placed
on the Hillsdale Tract (Parcel B).
7. Industrial or commercial activities other than the
following are prohibited: 1. Agriculture, silviculture
or horticulture, 2. Temporary or seasonal activities
which do not permanently materially alter the physical
appearance of the Property and which are consistent with
the conservation values herein protected, 3. Activities
which can be and in fact are conducted within buildings
permitted under Paragraph b, above, without maateriai
alteration of the external appearance thereof.
"Temporary„ activities involving 100 people or more shall
not exceed seven days in duration without prior approval
of Grantee.
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8KI888PG848i
8. Representatives of the Grantee may enter the Property
from time to time for the purpose of inspection and
enforcement of the terms of this easement after
permission from or reasonable notice to the owner or the
owner's representative.
9. Grantor, her heirs, successors, personal representatives
�.t::v 1'y i:.. v ltl r_. +.:•�...L +a.M
� _. ;J •-
closing on any proposed transfer or sale of the Property.
In any deed conveying all or any part of the Property,
this easement shall be referenced by Deed Book and Page
Number in the deed of conveyance.
Although this easement in gross will benefit the public as
described above, nothing herein shall be construed to convey to the
public a right of access to or use of the Property. Grantor, her
heirs, successors, personal representatives and assigns hereby
retains exclusive right to such access and use, subject to the
terms hereof.
Acceptance of this conveyance by the Grantee is authorized by
Section 10.1-1801 of the Code of Virginia and is evidenced by the
signature of its Executive Director hereto. Assignment of this
easement is governed by Section 10.1-1801 of the Code of Virginia.
WITNESS the following signature and seal:
THE GUARANTY TRUST Y OF MISSOURI,
TRUSTEE FOR THE HADLEY 1999 TRUST
N.
8Kc883PGO482
Accepted:
VIRGINIA OUTDOORS FOUNDATION
By: (SEAL)
Executiv Director
OF
CITY/COUNTY OF , to -wit:
I, A Notary Public for the
risdicti aforesaid, hereby certify that
t� , The Guaranty Trust Company of Missouri,
Tr tee for the Hope/Hadley 1999 Tr st, Grantor, personally
appeared before me this / day of 1999, and
acknowledged the foregoing instrument.
WITNESS my hand and official seal this /6rz�4 day of
1999.
My commission expires:
MARGE GAFAME'_LA
Noixy Public -Notary Seal NO ary Public
Sc Loins County - S a:9 of Missouri
My Commission Apr 25, 2CC7
COMMONWEALTH OF VIRGINIAx
CITY/COUNTY OF , to -wit:
I, �A(3, �-3 , a NoPublic for the Commonwealth
7(ayy'(-'C'_f'C�
aforesaid, hereby certify that \/ C�TIF
Executor Director of the Vr- irginia Ou oors Foundation, personally
appeared before me this , Lday of 01999, and
acknowledged the foregoing instrument.
WITNESS my my hand and official seal this �� r� day of
\
, 1999.
My commission expires: , ao O O
J—T
Mary Public
CHISWELL HHI cDALE D OF E
6KI883PGO483
VIRGINIA: IN THE CLERK'S OFFICE OF THE CIRCUIT COURT OF ALBEMARLE:
THIS DEED WAS PRESENTED, AND WITH CERTIFICATE ANNEXED, IS ADMITTED
TO RECORD ON E. �S 19 AT q (:)5 O'CLOCK f-- M.
STATE TAX
$
(039)
LOCAL TAX
$
(213)
TRANSFER FEE
$ (.QQ
(212)
LT.T.F.
$
VSLF
$ 1.00_
(145)
CLERIC'S FEE
$ l S.COO__
(301)
PLAT
$
SECT.58.1-802:
STATE TAX
$
(038)
LOCAL TAX
$__ _(220)
LOCAL TAX
$
(223)
TOTAL
$ / 7 , dU _
TESTE:
SHELBY J. MARSHALL,CLERK
BYaH o QAA %�
EPUTY CLERK