HomeMy WebLinkAboutSP202000012 Deed of Gift of Easement 2020-06-15 (3)005516
PREPARED BY I&CLURE, CALLAGHAN & ATKINS TAX MAP 54 PARCEL 74E
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 15th day of December,
2000, between HOPE HADLEY BURGHARDT, TRUSTEE OF THE HOPE HADLEY
BURGHARDT LIVING 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,
Richmond, Virginia 23219 and FIRST NATIONAL BANK OF ST. LOUIS,
herein called the Bank.
W I T N E S S E T H:
WHEREAS, the Open Space Land Act of 1966 (Chapter 17, Title
10.1, §§ 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 (§§
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
the Albemarle County Comprehensive Plan); and
WHEREAS, the property hereinafter described, lies on Route 250
West, an Entrance Corridor as designated by the County of Albemarle
and contributes in its undeveloped state to the Albemarle County's
Comprehensive Plan objective to "[P]reserve the County's scenic
resources as being essential to the County's rural character,
economic vitality, and quality of life;" and
WHEREAS, the property hereinafter described lies adjacent to
land under open -space easement to the Grantee, and contributes in
its undeveloped state to the open -space values of such land under
easement; and
WHEREAS, conveyance of this easement on the property
hereinafter described will further the Albemarle County
Comprehensive Plan's Goals to "[P]romote the continuation of a
viable agricultural and forestal industry and resource base" and
that Goal's Strategy to [A}ctively promote and support voluntary
techniques... such as conservation easements...;" and, to "conserve
the County's historical and cultural resources, including historic
sites, structures and landscape features..." and,
WHEREAS, the property hereinafter described is listed on the
Virginia Landmark Registry and the National Registry of Historic
Places as the childhood home of Lady Astor, the first lady member
of Parliament, and is also identified with Lady Astor's sister,
Irene Gibson, wife of illustrator Charles Dana Gibson and prototype
of his fashionable "Gibson Girl" of the 18901s; and the manor house
completed in 1942 was extensively renovated by architect William
Adams Delano for Nancy Lancaster, an internationally recognized
interior designer; and
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 consisting of 141.15 acres
described below and located in the White Hall Magisterial District
of Albemarle County, Virginia, in Greenwood and fronting on State
Route 691 and hereinafter referred to as the "Property", and more
particularly described as follows:
all that tract of land shown as 141.15 acres, more or
less, as shown on compiled map of R. O. Snow &
Associates, recorded in the Clerk's Office of the Circuit
Court of Albemarle County, Virginia, in Deed Book 733,
page 15, situated south of Interstate Route 64 and being
bound by it and now or formerly the property of Genevieve
P. Harris on the north, by State Route 690 on the east,
by U. S. Route 250 on the south and by State Route 691 on
the west; and being a portion of the property conveyed to
the Grantor herein by deed of Mirador, Inc., dated
September 1, 1981, recorded in the said Clerk's Office in
Deed Book 733, page 13.
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
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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.
Restrictions are hereby imposed on uses of the Property
pursuant to the public policies set forth above. The acts which the
Grantor, his heirs, successors, personal representatives and
assigns, covenants 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;
1. Accumulation or dumping of trash, refuse, or junk is not
permitted on the Property. This restriction shall not prevent
generally accepted agricultural or wildlife management
practices,• such as creation of brush piles, composting, or the
storage of farm machinery, organic matter, agricultural
products or agricultural byproducts on the Property, as long
as such practices are conducted in accordance with 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 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 nine square feet in size.
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3. ' Division or subdivision of the Property in any manner is
prohibited.
4. Management of forest resources, including commercial timber
harvest, shall be in accord with a forest stewardship plan
approved by the Grantee. All forestry activities shall be
carried out so as to preserve the environmental and scenic
qualities of the area. Best Management Practices, as defined
by the Virginia Department of Forestry, shall be used to
control erosion and protect water quality when any material
forestry activity is undertaken. The Grantor, or his
successors and assigns, shall notify the Grantee no later than
30 days prior to the start of any material forest activity as
well as within 7 days of its completion.
5. Grading, blasting or earth removal shall not materially alter
the topography of the Property except for dam construction to
create private ponds or lakes, or as required in the
construction of permitted buildings, connecting private roads,
and utilities as described in Paragraph 6. Generally accepted
agricultural activities shall not constitute any such material
alteration. Best Management Practices, in accordance with the
Virginia Erosion and Sediment Control Law, shall be used to
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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 impair the
conservation values protected by this Easement. 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
historic manor house which may not be demolished without
permission of the Grantee, (ii) all other existing structures
(see Attached List of Structures in Appendix A) which may be
repaired, replaced, remodeled or enlarged, (iii) an aviary, to
be built on the existing tennis court, not to exceed the
square footage of the tennis court, without prior written
permission of the Grantee, (iv) a log cabin relocated from the
Seven Oaks property which adjoins Mirador, (v) farm buildings
or structures, and (vi) non-residential outbuildings commonly
and appropriately incidental to the permitted dwellings above.
No new buildings shall be constructed within two hundred (200)
feet of the centerline of Route 250. Farm buildings or
structures exceeding 4,500 square feet in ground area may not
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be constructed on the Property unless prior written approval
for said building or structure is obtained in writing from
Grantee. Grantee's approval shall be limited to consideration
of the impact of the size, height and siting of the proposed
structure on the conservation values of the Property. Private
roads and utilities that serve permitted buildings or
structures may be constructed. An outdoor riding ring may be
constructed.
7. Industrial or commercial activities other than the following
are prohibited: 1. agriculture, viticulture, aquaculture,
silviculture, horticulture, equine activities, and Hope for
Animals, Inc., a non-profit shelter for animals, 2. temporary
or seasonal outdoor activities which do not permanently 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
permitted buildings without material alteration to the
external appearance thereof. Temporary outdoor activities
involving 100 or more people shall not exceed seven days in
duration unless approved by the Grantee in advance in writing.
8. Representatives of the Grantee may enter the Property from
time to time for purposes of inspection and enforcement of the
terms of this easement after permission from or reasonable
notice to the owner or the owner's representative.
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9. ' The Grantor, his heirs, successors, personal representatives
and assigns, shall notify the Grantee in writing within 60
days following any transfer or sale of the Property or any
part thereof. In any deed conveying all or any part of the
Property, this easement shall be referenced by Deed Book and
Page Number.
First National Bank of St. Louis, herein, the Bank, is the
Noteholder under a certain Deed of Trust dated August 14, 2000 and
recorded in the Clerk's Office of the Circuit Court of Albemarle
County, Virginia in Deed Book 1946, at Page 540, which subjects the
Property to the Bank's lien. The Bank and the Trustee(s) (under
said Deed of Trust), hereby consent to the terms and intent of this
easement, and agree that the lien represented by said Deed of'Trust
shall be held subject to this Deed of Gift of Easement.
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 with respect to the Property.
The Grantor, his heirs, successors, personal representatives and
assigns, hereby retain the 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.
E:1
8avz?Go5
WITNESS the following signat
seal:
,Trustee Bank:
By: LAiI U U 0
Trustee Its: Vic c ike3 rJar r -
Accepted:
VIRGINIA OUTDOORS FOUNDATION
By: (SEAL)
Executive Director
COMMONWEALTH OF MISSOURI
CITY/COUNTY OF `� �` �,r{, to -wit:
A Notary Public for the
Commonwealth aforesaid, hereby certify,that Hope Hadley Burghardt,
Trustee of the Hope Hadley Burghardt Living Trust, Grantor,
personally appeared before me this day of Dec-mnbe-r—--24G-8-, and
acknowledged the foregoing instrument. r lit f Eh, Zx 0,:2, i
My commission expires:, /a, Jc�
KENDRA HAZER / Notary 'Public
Notary Public - Notary Seal �.-
STATP, O,: T: TLSSOURI
St. Charl,_s Cocnty
My Commission Bxp'_res: A a . 25, 2001
G]
COMMONWEALTH OF VIR I IA
COUNTY OF �l_8�r�� , to -wit:
I, zl",� r A Not r Public for the
CE;onwealth aforesaid, hereby certify that and
1;v2 a�g w.✓► Trustees, personally appeared before me this
day of d7ecember, 2000, and acknowledqed the foreaoina
instrument.
My commission expires: .�D oZD�•�
Notary Public
STATE OF MISSOURI
CITY/COUNTY OF .' to -wit:
I, _]rf3i'1-rCtC ��� tc�c�e �� A Notary Public for the
jurisdiction aforesaid, hereby certifies that J, P:re,,Ajey &eAer ,
1►Ce'i4FSiae,i4 of First National Bank of' St. Louis,
personally appeared before me this tZ dxet , - , and
acknowledged the foregoing instrument. 5-,5 ` 'c -k, 200t
My commission expires:
Tb_SA a 5'kACE GL D5E-N
Nomry Public - Notary Seal
STA717E OF MISSOURI
St. l.,ouis County
My Commission l 7.r., ire_:: July 28, 2003
� -Z` C-0-2
N6 ary Public
COMMONWEALTH OF VIRGINIA
el-E-Y/ COUNTY OF �'d?� fg � , to -wit:
I, _ 1-117,C 4�. 1SA,_1 a a Notary Public for the Commonwealth
aforesaid, hereby certify that Tegly!,Aj-'
Executor Director of the Virginia Outdoors Foundation, personally
appeared before me this a4'd day of L--- , ^^^^, and
acknowledged the foregoing instrument. ANC- s A!Ca/
My commission expires:jUfG'G£3
BURGHARDT DEED OF E
10
NotaryPublics
APPENDIX A
LIST OF STRUCTURES
1.
Manor house
2.
Two car garage
3.
Two Garden houses
4.
Office
5.
Carriage House
6.
Studio
7.
Greenhouse
8.
Pump House
9.
Kennel
10.
Goat Shed
11.
Kennel Annex
12.
Meeting house
13.
Three attached Barns
14.
Barn Office
15.
Guest cottage
16.
Farm Shed
17.
Rescue Barn
18.
Doll Museum
19.
Studio
20.
Run-in Barn
21.
Helipad
VIRGINIA: IN THE CLERK'S OFFICE OF THE CIRCLIT COURT OF ALBEMARLE
THIS DEED WAS PRESENTED, AND WITH CERTIFICATE ANNEXED, IS ADMITTED
TO RECORD ON _m AtAJ 6
STATE TAX
LOCAL TAX
TRANSFER FEE
I.T.T.F.
VSLF
CLERK'S FEE
PLAT
SECT.58.1-802:
STATE TAX
LOCAL TAX
LOCAL TAX
$ (039)
$ (213)
$_1.00 (212)
$ 3.00 (106)
$ (038)
$_ (220)
$ (223)
TOTAL $ l q, &_O_
ATq
2001 &' O'CLOCK A_M.
TESTE:
SHELBY J. MARSHALL,CLERK
EPUTY CLERK