HomeMy WebLinkAboutSP202000012 Deed of Gift of Easement 2020-06-15 (4)Exempted from recordation taxes under
Code of Virginia (1950) as amended
§§58.1-811(A)(3), 58.1-811(D) and 10.1-1803
TMP 55-15
TMP 71-2B
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THIS DEED OF GIFT OF EASEMENT, made this day of December, 2000, by and
between SEVEN OAKS FARM, LLC, a Virginia limited liability company, hereinafter referred
to as "the Grantor'; and the VIRGINIA OUTDOORS FOUNDATION, an agency of the
Commonwealth of Virginia, hereinafter referred to as Grantee, whose address is 203 Governor
Street, Suite 316, Richmond, Virginia 23219;
WITNESSETH:
WHEREAS, the Open -Space Land Act of 1966 (Chapter 17, Title 10.1, § § 10.1-1700 to 10.1-
1705 inclusive of the Code of Virginia, as amended) 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, (§§10.1-1800-10.1-1804
inclusive), declares it to be the public policy of the Commonwealth to encourage preservation of
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 areas of the Commonwealth; and
Prepared by Forbes R. Reback, Attorney
P. O. Box 20
Charlottesville, VA 22902
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WHEREAS, the property hereinafter described contains Significant Open -Space Resources
of "Farmlands and Forests" as mapped on the concept may of 1992 Open -Space Plan, (a part of the
Albemarle County Comprehensive Plan): and
WHEREAS, the property hereinafter described is situated adjacent to land now under
conservation easement to the Grantee; and contributes to the Open -Space values of such land under
easement; and
WHEREAS, said property is listed on the Virginia Landmarks Register (.tune 20, 1989) and
the National Register of Historic Places (December 26, 1989) and lies in the view shed of Mirador
Farm which is also on the Virginia Landmarks Register (September 16, 1982) and National Register
of Historic Places (April 7, 1983); and
WHEREAS, the property of the Grantor fronts on U.S. Route 250, a designated Virginia
Scenic By -way, and has also been designated by the Board of Supervisors of Albemarle County as
an Entrance Corridor, and contributes to the scenic views enjoyed by the public there from; and
WHEREAS, the property hereinafter described lies within the Yellow Mountain Agricultural
and Forestal District designated by the Board of Supervisors of Albemarle County, pursuant to the.
Virginia Agricultural and Forestal Districts Act (§ § 15.1-1506 et. seq. of the Code of Virginia); and
WHEREAS, the preservation of the Grantor's property will further the goals of the
Albemarle County Comprehensive Plan by promoting the continuation of a viable agricultural and
forestal industry resource base, by protecting historic structures in their setting and to actively
promote and support voluntary conservation measures such as open -space easements; and
WHEREAS, the Grantor is the owner of the fee in the real properties hereinafter described
which the Grantor desires to have preserved as open -space land in the public interest; and
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WHEREAS, the conservation purpose of this easement is the preservation of open -space and
historic landscapes which is pursuant to clearly delineated governmental conservation policies and
which will yield significant public benefits within the meaning of § 170 of the Internal Revenue
Code;
NOW THEREFORE, in recognition of the foregoing and in consideration of the mutual
covenants herein and the acceptance hereof by the 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 known as "Seven Oaks" containing 100.82 acres, more or less on U.S.
Route 250 in the White Hall Magisterial District of Albemarle County, Virginia, near Greenwood
and more particularly described on Exhibit A attached hereto and hereinafter referred to as the
"Property"
AND SUB.IECT, HOWEVER, to the restriction that the Grantee or its successor 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 §170(h)(3) of the Internal Revenue Code of 1986, as amended, and the applicable Treasury
Regulations promulgated thereunder.
Tht following enumerated restrictions are hereby imposed on uses of the Property pursuant
to the public policies set forth above. The acts which the Grantor, and the Grantor's heirs,
successors, personal representatives and assigns, covenant to do and not to do upon the Property, and
the restrictions which the Grantee is hereby entitled to enforce, are and shall be as follows:
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Accumulation or dumping of trash or refuse is not permitted on the Property. This
restriction shall not prevent generally accepted agricultural or wildlife management practices, such
as brush clearing and piling, composting, or the storage of farm machinery, organic material,
agricultural products or agricultural byproducts on the Property, so long as it is done in accordance
with any applicable governmental laws and regulations.
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 Property and/or the owner thereof, 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 nine square feet in size.
3. Division of the Property in any manner is prohibited, provided however, that
boundary line adjustments with adjoining parcels of land are permitted and shall not be considered
a division of the Property, provided that the Grantee is notified in writing prior to the completion of
any boundary line adjustment and one of the following conditions is met:
(a) The entire adjacent parcel is subject to an open -space easement to the Grantee; or
(b) The proposed boundary line adjustment is reviewed and approved by the Board of
Trustees of the Grantee.
'l. No timbering shall be permitted on the Property other than for the Grantor or his
successor's 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 hereinafter, or which, were they not
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removed, would jeopardize the character of the forest on the Property or adjacent properties, or
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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 ponds, or as required in construction of
permitted buildings, connecting private roads, and utilities described in Paragraph 6 below.
Generally accepted agricultural activities shall not constitute such material alteration. Best
Management Practices, in accordance with the Virginia Erosion and Sediment Control Law, shall
be used to control erosion and protect water quality in the construction of permitted private roads.
Notwithstanding the foregoing, no grading, blasting, or earth removal is permitted on the Property
if it will materially diminish or irnipair the conservation values protected by this Easement. Mining
or dredging on or from the Property is prohibited. Normal agricultural activities shall not constitute
material alteration.
6. No permanent or temporary building or structure shall be built or maintained on the
Property other than (1) one principal single-family dwelling consisting of the existing dwelling which
may be repaired, renovated, enlarged or replaced on the present site, and non-residential
outbuildings, structures and amenities commonly and appropriately incidental thereto; (ii) the four
existing secondary single-family residential dwellings not exceeding 2,500 square feet of enclosed
livable space each, and non-residential outbuildings commonly and appropriately incidental thereto,
(iii) the former siuxuner kitchen which has been detached from the principal dwelling and moved to
another site on the Property which may be renovated as a studio andior guest house; (iv) a pool house
which may include aprivate office space for the use of the owner, all of which shall not exceed 3,000
square feet of enclosed space; and (v) farm buildings or structures. Farm buildings or structures
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exceeding 4,500 square feet in ground area may not be constructed on the Property unless prior
written permission for said building or structure is obtained in writing from Grantee. No building
or structure shall be constructed in the field adjoining Greenwood Station Road which would be in
the viewshed of the adjoining historic property known as Mirador .
7. Industrial or commercial activities other than the following are prohibited: (a)
agriculture, silviculture, viticulture and horticulture; (b) temporary or seasonal. activities which do
not permanently or materially alter the physical appearance of the Property and which are consistent
with the conservation values herein protected; (c) activities which can be and in fact are conducted
within buildings permitted under Paragraph 6 above, without material 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. Anything more than de minimis use of the
Property for commercial recreational activity is prohibited.
S. Notwithstanding the foregoing clauses, no act which would materially diminish or
impair the conservation. values protected by this easement shall be permitted on the Property.
9. 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.
10. Grantor, and his heirs, personal representatives, successors, and assigns shall notify
Grantee in writing within 60 days of any transfer or sale of the Property. In any deed conveying all
or part of the Property, this easement shall be referred to by Deed Book and page number in the deed
of conveyance.
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11. Grantor hereby grants to the Grantee the right to enforce the conservation restrictions
contained herein pursuant to applicable state law specifically including the right to require restoration
of the Property to its present condition.
12. The Grantor hereby agrees that the donation of the perpetual conservation restrictions
contained in this easement gives rise to a property right, immediately vested in the Grantee, with a
fair market value that is at least equal to the proportionate value that the perpetual conservation
restrictions at the time of this gift bears to the value of the Property as a whole at that time. The
open -space land affected by this easement shall not be converted or diverted other that as set forth
in § 10.1-1704 of the Code of Virginia.
If any provision of this Easement or the application thereof to any person or circumstance is
found to be invalid, the remaining provisions of this Easement shall not be affected thereby.
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. The Grantor,
his heirs, personal representatives, successors and assigns hereby retain exclusive right to such access
and use subject to the terms hereof.
Acceptance of this conveyance by the Grantee is authorized by § 10.1-1801 of the Code of
Virginia and is evidenced by the signature below of its Executive Director. Assignment of this
easement is governed by §10.1-1801 of the Code of Virginia.
WITNESS the following signatures and seals.
SEVEN OAKS FARM, LLC
BY: �r
7
Manager
ACCEPTED:
VIRGINIA OUTDOORS FOUNDATION
BY
Tamara A. Vance
Executive Director
STATE OF VIRGINIA
COUNTY OF ALBEMARLE, to wit:
The foregoing deed of gift of easement was acknowledged before me this � day of
December, 2000, by R. Coran Capshaw, Manager of SEVEN OAK FARM, LLC, on behalf of the
company.
Notary Public
My Commission Expires Ap4 20, 2003
My commission expires:
STATE OF VIRGINIA
COUNTY OF MONTGOMERY, to wit:
The foregoing deed of gift of easement was acknowledged before me this V4 clay of
December, 2000 Tamara A. Vance, Executive Director of the Virginia Outdoors Foundation, on
behalf of the Fowidation..
Notary Public
My commission expires: 110aZA03
97 IPGO 09
EXHIBIT A
All those certain tracts or parcels of land with improvements thereon and appurtenances
thereto pertaining situated on U.S. Route 250 West in the White Hall Magisterial District of
Albemarle County, Virginia, near Greenwood, known as "Seven Oaks" containing 100.82 acres, in
the aggregate being a parcel of 98.54 acres and a parcel of 2.28 acres as shown on boundary survey
made by Roger W. Ray & Assoc., Inc., dated May 20, 1998 of record in the Clerk's Office of the
Circuit Court of the County of Albemarle in Deed Book 1779, page 532; Being the same property
conveyed to the Grantor by deed of the Guaranty Trust Company of Missouri, trustee for the
Hope/Hadley 1999 trust, dated November 7, 2000 of record ion the Clerk's Office aforesaid in Deed
Book 1974, page 390.
VIRGINIA: IN THE CLERK'S OFFICE OF THE CIRCUIT COURT OF ALBEMARLE:
THIS DEED WAS PRESENTED, AND WITH CERTIFICATE AN-7VEXED, IS ADMITTED
TO RECORD ON vim. 2000 _. AT&IOUO'CLOCK /V M.
STATE TAX
LOCAL TAX
TR.A-NSFER FEE
I.T.T. F.
VSLF
CLERK'S FEE
PLAT
SECT.58.1-802:
STATE TAX
LOCAL TAX
LOCAL TAX
TOTAL
$ (039)
$ (213)
$ i (212)
$
$-�- 1,00 (145)
(301)
$
TESTE:
$ (038) SHELSY J. MARSHALL,C�LERK _ L
$ (220)C-90
UFFY CLERK
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