HomeMy WebLinkAboutSP202000012 Deed of Gift of Easement 2020-06-15 (2)03po�
Preparers by;
Boyle, Bain, Reback & Slayton
420 Park Street
Charlottesville, VA 22902
DEED OF GIFT OF EASEMENT
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 05500-00-00-02000
TMP 05500-00-00-020A0
TMP 05500-00-00-016BO
TMP 05500-00-00-012BO
THIS DEED OF GIFT OF EASEMENT, made this 22"d day of December, 2003, by
and between SEVEN OAKS FARM, LLC, a Virginia limited liability company, herein called
the Grantor; and the VIRGINIA OUTDOORS FOUNDATION, an agency of the
Connnonwealth 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 Conunonwealth 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
WHEREAS, the real 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;
WHEREAS, the real property hereinafter described is adjacent to Interstate 64 and 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 view
enjoyed by the traveling public from said roads; and
WHEREAS, the preservation of the Grantors' property in its undeveloped state will
further the goals of the agencies aforesaid and of the Albemarle County Comprehensive Plan to
"Promote the continuation of a viable agricultural and forest industry and resource base" and that
Goal's "Strategy to actively promote and support voluntary techniques... such as conservation
easements..."; and
WHEREAS, the conservation purpose of this easement is the preservation of open -space
(including farm and forest land) pursuant to clearly delineated governmental conservation
policies which will yield significant public benefit within the meaning of Section 170(h) of the
Internal Revenue Code; and
WHEREAS, the Grantors are the owners of the fee in the real property hereinafter
described which they desire preserved as open -space land in the public interest;
NOW THEREFORE, in recognition of the foregoing and in consideration of the mutual
covenants herein and the acceptance hereof by the Grantee, the Grantors do hereby GIVE,
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GRANT and CONVEY to the Grantee an open -space easement in gross over, and the right in
perpetuity to restrict the use of four tax reap parcels of real estate, containing 75.413 acres, more
or less, in the aggregate, but conveyed in gross and not by the acre and more particularly
described on Schedule A attached hereto, and which is located in tine White Hail Magisterial
District of Albemarle County, Virginia near Greenwood, and hereinafter referred to as the
"Property„
AND SUBJECT, 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.
The following enumerated restrictions are hereby imposed on uses of the Property
pursuant to the public policies set forth above. The acts which the Grantors, and their 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:
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, so
long as such practices are conducted in accordance with applicable laws and regulations.
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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 pen -pitted 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:
Grantee; or
(a) The entire adjacent parcel is subject to an open -space easement to the
(b) The proposed boundary line adjustment is reviewed and approved by the
Board of Trustees of the Grantee.
4. Management of forest resources, including commercial timber harvests, shall be
in accord with a forest stewardship plan approved by the Grantee. 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 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 as required in construction of
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permitted buildings, structures, amenities, connecting private roads and utilities described in
Paragraph 6 below. Mining or dredging on or from the Property is prohibited. Generally
accepted agricultural practices shall not constitute any 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 buildings,
structures, amenities, private roads, and utilities.
6. No permanent or temporary building or structure shall be built or maintained on
the Property other than (i) one principal single-family dwelling and non-residential outbuildings,
structures and amenities commonly and appropriately incidental thereto; (ii) one (1) secondary
single-family dwelling not exceeding 2,500 square feet of above -grade enclosed livable space,
and non-residential outbuildings, structures and amenities commonly and appropriately incidental
thereto, (iii) farm buildings or structures; and (iv) provided the Grantee determines that the site
and design are compatible with the conservation values of the Property, a commercial wireless
communications facility(s) of monopole or mast or less visible construction or concealed cellular
service facility. The visual impact of such structure shall not be appreciable from any location
beyond the immediate site. Such a facility shall be located within an existing woodland and no
portion of said structure shall project above the ridge into the skyline. No timbering of the
surrounding woodland shall be permitted within a radius of 200 feet of said facility. No
construction of said facility shall begin until the Grantee has determined that the proposed site
and design is compatible with the conservation values herein protected. Said facility and related
structures shall be removed and the land restored to its natural condition when the facility ceases
to be used as a communications facility. Farm buildings or structures 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 fi-om Grantee.
7. Industrial or commercial activities other than the following are prohibited:
(a) agriculture, silviculture, viticulture and horticulture and equine and equestrian activities;
(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 pernitted 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; (d) the leasing of land for the construction and maintenance of wireless
telecommunications facilities as permitted in paragraph 6, above, provided that said structure is
compatible with the conservation values herein protected. Anything more than de ininimis use of
the Property for commercial recreational activity is prohibited.
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. The Grantors shall notify Grantee in writing within 60 days of any transfer or sale
of the Property. 3n 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.
11. The Grantors hereby grant to the Grantee the right to enforce the conservation
restrictions contained herein pursuant to applicable state Iaw specifically including the right to
require restoration of the Property to a condition of compliance with the terms hereof.
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12. The Grantors hereby agree 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
such time. The open -space land affected by this easement shall not be converted or diverted
other than as set forth in §10.1-1704 of the Code of Virginia.
13. The covenants, terms, conditions and restrictions contained in this Easement shall
be binding upon, and inure to the benefit of, the parties hereto and their respective personal
representatives, heirs, successors and assigns, and shall continue as a servitude running in
perpetuity with the Property. The tenrns "Grantor" and "Grantee" used herein shall include,
respectively, the above -named Grantor and its successors and assigns, and the above -named
Grantee and its successors and assigns.
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.
Bank of America, N.A., herein the Bank, is the Noteholder under a certain Deed of Trust
dated January 22, 2003, and recorded in the Clerk's Office of the Circuit Court of Albemarle
County, Virginia, in Deed Book 2364, page 178, which subjects the Property to the Bank's lien.
The Bank hereby consents to the terms of this easement, and agrees that the lien represented by
said Deed of Trust shall be held subject to this Deed of Gift of Easement and joins in the Deed to
reflect its direction to the Trustee to execute this Deed to give effect to the subordination of such
Deed of Trust to this Deed of Easement.
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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
Grantors hereby retain exclusive right to such access and use subject to the terms hereof.
The parties hereto agree and understand that any value of this donation claimed for tax
purposes must be fully and accurately substantiated by an appraisal from a qualified appraiser as
defined in IRS regulations (see section 1.170A-13(c)(5)), and that the appraisal is subject to
review and audit by the appropriate tax authorities. The Virginia Outdoors Foundation makes no
express or implied warranties regarding whether any tax benefits will be available to Grantor
from the donation of this easement, nor whether any such tax benefits might be transferable, nor
whether there will be any market for any tax benefits which might be transferable.
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, a Virginia
Corporati C'
BY:
Manager
BANK OF AMERICA, N.
By: LC(SEAL)
Its: S up
PRLA(P',�INC., TRUSTEE, a Virginia corporation
(SEAL)
Its: D
VIRGINIA OUTDOORS FOUNDATION
By:
Tamara A. Vance, Executive Director
COMMONWEALTH OF VIRGINIA
CITY/COUNTY OF _-A l be-Mttiv()'� , to wit:
The foregoing deed of gift of easement was acknowledged before me this E r day of
December, 2003, by Co C,G.,n C, paw , Manager of Seven Oaks Farm, LLC.
Notary Public
My commission expires:
COMMONWEALTH OF VIRGINIA
CITY/COUNTY OF % 1je--wW' 1 1-9— , to wit:
The foregoing deed of gift of easement was acknowledged before me this I' 9 day of
December, 2003, by /'1�),a 14 �r1-i��:� as of
BANK OF AMERICA, N.A.
Notary Public
My commission expires: o c`1O
9
COMMONWEALTH OF VIRGINIA
CITY/COUNTY OF Al Yx,�,rij ���r,� �— , to wit:
The foregoing deed of gift of easement was acknowledged before me this / day of
December, 2003, by,'L!'?4,f24:14 . .� �.L. �, as . S .l�f , �cU�.% of
PRLAP, INC., a Virginia corporation, Trustee.
Notary Public
J � f
My commission expires:
COMONWEALTH OF VIRGINIA
,PITY/COUNTY OF , to wit:
The foregoing deed of gift of easement was acknowledged before me this If day of
December, 2003, by Tamara A. Vance, Executive Director of the Virginia Outdoors Foundation.
Notary Public
My commission expires:
10
SCHEDULE A
Parcel One (TMP 55-16B):
All that certain tract or parcel of land, situated on the north side of State Route 250, near Yancey
Mills, containing 19.70 acres, and being more particularly described on plat of Thomas D. Blue,
Surveyor, dated September 23, 1969, as Parcel "B", of record in the Clerk's Office of the Circuit
Court of Albemarle County, Virginia in Deed Book 465, page 251.
BEING a portion of the property conveyed to Brasco Bay Corporation, by deed frorn Harrison
Waite, III and Lesley A. Waite, husband and wife, dated September 29, 1969, recorded October
20, 1969, in the Clerk's Office of the Circuit Court of Albemarle County, Virginia, in Deed Book
465, page 249.
Parcel Two (TMP 55-20A and TMP 55-12B):
All those certain tracts or parcels of land with appurtenances pertaining thereto, situated in
Albemarle County, Virginia, on the south side of Interstate Route 64, aggregating 52.107 acres,
more or less, being comprised of two tracts containing 19.955 acres and 33.252 acres, as shown
on a plat by Higgs & Shumate, dated October 3, 1975, and recorded in the Clerk's Office of the
Circuit Court of Albemarle County, Virginia, in Deed Book 583, page 307.
BEING the same property conveyed to Brasco Bay Corporation, a Virginia corporation, by deed
from Walter A. Young and Lucy M. Young, husband and wife, dated October 28, 1975, and
recorded October 28, 1975, in the Clerk's Office of the Circuit Court of Albemarle County,
Virginia, in Deed Book 583, page 305.
Parcel Three (TMP 55-20):
All that certain lot or parcel of land, containing 2.07 acres, being the 1.662 acre tract shown on
plat made by Higgs & Shumate, Engineers & Surveyors, dated November 1, 1971, and recorded
in the Clerk's Office of the Circuit Court of Albemarle County, Virginia, in Deed Book 499,
page 377, and the 0.408 acre parcel of land lying on the north side of Interstate Route 64, and
being shown on Albemarle County Tax Map 55 as Parcel 20.
BEING the property conveyed to Brasco Bay Corporation, a Virginia corporation, by deed from
William D. Ridgwell and Mary Ellen Ridgwell, dated July 21, 1997, and recorded July 23, 1997,
in the Clerk's Office of the Circuit Court of Albemarle County, Virginia, in Deed Book 1628,
page 153,
11
Parcels One, Two and Three described above are a portion of the property which was conveyed
to the Grantor by deed of Brasco Bay Corporation dated December 20, 2002 of record in said
Clerk's Office in Deed Book 2344, page 327.
The above -described parcels of land are designated as Parcels 20, 20A, 16B and 12B on
Albemarle County Tax Map Sheet 55 and contain 75.413 acres more or less, in the aggregate, but
as conveyed herein in gross and not by the acre. The Property shall be considered to be one
parcel for all purposes of this Easement and the restrictions and covenants hereafter enumerated
in this Deed of Gift of Easement shall apply to the Property as a whole rather than to the
individual parcels.
K ftmaMianaWy DacumentsiSeven Oaks Farm, LLQ
Deed of Gift of Easement (TMP 55-20, 55-20A, 55.16B, 55-12B).dac
RECORDED IN CLERKS OFFICE OF
ALBEMARLE ON
December 23,2003 AT 3:27:04 PM
$0.00 GRANTOR TAX PD
AS REQUIRED BY VA CODE § 58.1-802
STATE: $0.00 LOCAL: $0.00
17, ALBEMARLE COUNTY VA
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Instrument Control Number
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Commonwealth of Virginia
Land Record Instruments
Cover Sheet - Form A
[ILS VLR Cover Sheet Agent 1.0.66]
Date of Instrument: (12/23/2003 ]
Instrument Type: [DE ]
Number of Parcels [ 41
Number of Pages [ 12]
Doc ID; 000617000015 Type: DEE
Recorded; 12/23/2003 at 03:27:04 PM
Fee Amt: $0.00 Pape 1 of 15
Albemarle County VA
Shelby Marshall Clerk Circuit Court
F11e## 2003-00032044
$K2663P�685-699
-------------------------------- -------------............................ .......
City ❑ County x❑ [Albemarle County ] (Box for Deed Stamp Only)
First and Second Grantors
Last Name First Name Middle Name or Initial Suffix
[Seven Oaks Farm LLC ] [ ] [ ] [ ]
[ ]C ]C ][ ]
First. and Second Grantees
Last Name First Name Middle Name or Initial Suffix
[Virginia Outdoors Found ] [ ] [ ] [ ]
C ]C ][ ][ ]
Grantee Address (Name) [Virginia Outdoors Foundation ]
(Address 1) [203 Governor Street ]
(Address 2) [Suite 316 ]
(City, State, Zip) [Richmond ] [VA ] [23219 ]
Consideration [0.00 ] Existing Debt [0.00 ] Assumption Balance [0.00 ]
Prior lnstr. Recorded at: City ❑ County ❑ [ ] Percent. in this Juris. [ 100]
Book [ ] Page [ ] Instr. No [ ]
Parcel Identification No (PIN) [05500-00-00-02000 ]
Tax Map Num. (if different than PIN) [05500-00-00-02000 ]
Short Property Description [2.07 acres lying on the north side of Interstate Route 64 ]
[ ]
Current Property Address (Address 1) [ ]
(Address 2) [ ]
(City, State, Zip) [ ] [ ] [ ]
Instrument Prepared by
Recording Paid for by
Return Recording to (Name)
(Address 1)
(Address 2)
(City, State, Zip)
Customer Case ID
Cover Sheet Page # 1 of 3
[Boyle, Bain, Reback & Slaytor
[Boyle, Bain, Reback & Slaytor
[Boyle, Bain, Reback & Slaytor
[420 Park Street
[Charlottesville
[
] [VA ] 122902
][
Instrument Control Number
Commonwealth of Virginia
Land Record Instruments
Continuation Cover Sheet
Form C
[ILS VLR Cover Sheet Agent 1.0.66]
T G G C Date of Instrument: [12/2312003 ]
A R R O Instrument Type: [DE ]
X A A R
N N P Number of Parcels [ 4]
E T T
X O E Number of Pages [ 12]
E R E City ❑ County ❑x [Albemarle County ] (Box for Deed Stamp Only)
M GrantorslGranteeslParcei Continuation Form C
P
T Last Name First Name Middle Name or Initial Suffix
0000
[ ][ lC ][ ]
❑ ❑ ❑ ❑ [ l[ ][ ][ I
❑ ❑ ❑ ❑ [ ]C ][ ][ ]
❑ ❑ ❑ ❑ [ ]C II IC 1
❑❑❑❑ [ ]C ][ ]C I
Prior Instr. Recorded at: City ❑ County❑ [ ] Percent. in this Juris. [ 1001
Book [ ] Page [ ] Instr. No [ ]
Parcel Identification No (PIN) [05500-00-00-020A0 ]
Tax Map Num. (if different than PIN) [05500-00-00-020A0 ]
Short Property Description [18.855 acres lying on the south side of Interstate Route 64 ]
C I
Current Property Address (Address 1) [ ]
(Address 2) [ ]
(City, state, Zip) [ [ ] [ ]
Prior Instr. Recorded at: City ❑ County ❑ [ ] Percent. in this Juris. [ 1001
Book [ ] Page [ ] Instr. No [ ]
Parcel Identification No (PIN) [05500-00-00-016B0 ]
Tax Map Num. (if different than PIN) [05500-00-00-016B0 ]
Short Property Description [17.70 acres lying on the north side of State Route 250 ]
Current Property Address (Address 1) [ ]
(Address 2) [ ]
(City, State, Zip) [ ] [ ] [ ]
s�'L•i 1r� 'yl +��r
Cover Sheet Page # 2 of 3
Instrument Control Number
Commonwealth of Virginia
Land Record Instruments
Continuation Cover Sheet
Form C
[ILS VLR Cover Sheet Agent 1.0.66]
T
O
0
C
Date of Instrument: [12/23/2003 ]
A
R
R
0
Instrument Type: [DE ]
X
A
A
R
N
N
P
Number of Parcels [ 43
E
T
i
X
O
E
Number of Pages ( 121
E
R
E
City ❑ County x0 [Albemarle County ] (Box for Deed Stamp Only)
M
Grantors/Grantees/Parcel Continuation Form C
P
T
Last Name First Name Middle Name or Initial Suffix
❑❑❑❑
❑❑❑❑ [ ][ ][ I[ ]
❑❑❑❑ C IG ]C ]C ]
❑❑❑❑ [ IC I ]C ]
El ❑❑❑ C IC ]C I[ ]
Prior Instr. Recorded at: City ❑ County ❑ [ ] Percent. in this Juris. [ 100]
Book [ ] Page [ ] Instr. No [ ]
Parcel Identification No (PIN) [05500-00-00-012B0 ]
Tax Map Num. (if different than PIN) [05500-00-00-01260 ]
Short Property Description [33.252 acres lying on the south side of Interstate Route 64 ]
[ ]
Current Property Address (Address 1) [ ]
(Address 2) [ ]
(City, State, zip) [ ] C l C ]
Prior Instr. Recorded at: City ❑ County ❑ [ ] Percent. in this Juris. [ ]
Book [ ] Page [ ] Instr. No [ ]
Parcel Identification No (PIN) [ ]
Tax Map Num. (if different than PIN) [ ]
Short Property Description [ ]
Current Property Address (Address 1) [ ]
(Address 2) [ ]
(City, State, zip) [ I [ ] [ I
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Cover Sheet Page # 3 of 3