HomeMy WebLinkAboutSP202000012 Deed of Gift of Easement 2020-06-15Instrument Control Number
Commonwealth of Virginia
Land Record Instruments
Cover Sheet - Form A
[ILS VLR Cover Sheet Agent 1.0.66]
021091
III�I
Recorded: 323
21/20061atT02:221.52 PM
Fee Amt: $0.00 Pape 1 of 14
AlbemarlE County, VA
ShelbV Marshall clerk circuit Court {
File# 2eee-eee2leei
EK3342 PG91-104
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Bate of Instrument:
[12119/2006 ]
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Instrument Type:
[DG ]
Cop UR
F I L -11
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Number of Parcels
[ 3]
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Number of Pages
[ 121
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City ❑ County rx
(Box for Deed Stamp Only)
[Albemarle County ]
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First and Second Grantors
T
Last Name
First Name I Middle Name or initialIJ Suffix
[Quinn
] [Paul
] [D ] t ]
❑ ❑
[Greenwood LLC
][
.
][ ][ ]
First and Second Grantees
Last Name
First Name Middle Name or Initial suffix
❑ ❑
Found
[Virginia Outdoors
] [
] [ ] [ )
Grantee Address
(Name)
[Virginia Outdoors Foundation ]
(Address 1)
1203 Governor Street, Suite 302 ]
(Address 2)
[ ]
(City, state, zip)
[Richmond ] [VA ] 123219 ]
Consideration [0.00
] Existing Debt [0.00 ] Assumption Balance [0.00 ]
Prior Instr. Recorded at: City ❑ County [ ] Percent. In this Juris. [ 100]
Book [ ] Page [ ] Instr. No [ ]
Parcel Identification No (PIN) [05500-00-00-01200 ]
Tax Map Num. (if different than PIN) [05500-00-00-01200 ]
Short Property Description t ]
[ ]
Current Property Address (Address 1) [ ]
(Address 2) [ ]
(city, state, zip) [ ] [ ] C ]
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 2
[Boyle, Bain, Reback & Slayton
[Boyle, Bain, Reback & Slayton
[Boyle, Bain, Reback & Slayton
[420 Park Street
[Charlottesville
[ I
Instrument Control Number
F- 021091
Commonwealth of Virginia
Land Record Instruments
Continuation Cover Sheet
Form C
[ILS VLR Cover Sheet Agent 1.O.66)
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0
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Cate of Instrument: [12119/2006 ]
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Instrument Type: [DG ]
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Number of Parcels [ 31
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p
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Number of Pages [ 123
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City [:]County 0 . [Albemarle County ] (Box for peed Stamp Only)
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Grantors/Grantees/Parcel Continuation Form C
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L—iLast
Name First Name Middle Name or initial Suf€Ix
❑ ❑ ❑ ❑
❑ ❑ ❑ ❑
❑ ❑ ❑ ❑
❑ ❑ ❑ ❑
❑ ❑ ❑ ❑
Prior Instr. Recorded at: City ❑ County El [ ] Percent. in this Juris. [ 100]
Book [ ] Page [ ] Instr. No [ ]
Parcel Identification No (PIN) [05500-00-00-012E0 ]
Tax Map Num. (it different than PIN) [05500-00-00-012E0 ]
Short Property Description [ ]
[ ]
Current Property Address (Address 1) [ ]
(Address 2) [ ]
(City, state, Zip) [ ] [ ] [ ]
Prior Instr. Recorded at: City ❑ County❑ [ ] Percent. in this Jurls. [ 1001
Book [ ] Page [ ] Instr. No [ ]
Parcel Identification No (PIN) [05500-00-00-013A0 ]
Tax Map Num. (if different than PIN) [05500-00-00-013A0 ]
Short Property Description [ ]
[ ]
Current Property Address (Address 1) [ ]
(Address 2) [ j
(City, state, zip) [ ] I ] E l
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Cover Sheet Page # 2 of 2
Loan 0081832529
Prepared by: Boyle, Bain, Reback & Slayton
420 Park Street
Charlottesville, VA 22902
TMP NOs.: 05500-00-00-01200
05500-00-00-012EO
05500-0"0-013AO
DEED OF GIFT OF EASEMENT
Exempted from recordation tax
under the Code of Virginia (1950), as amended,
Sections 58.1-811 (A) (3), 58.1-811 (D) and 10.1-1903
and from Circuit Court Clerk's fee under Section 17.1-266
THIS DEED OF GIFT OF EASEMENT, made this 15th day of September, 2006, by
and between Paul D. QUINN; and GREENWOOD LLC, a Virginia limited liability company
(hereinafter together, the "Grantor"); -the VIRGINIA OUTDOORS FOUNDATION, an agency
of the Commonwealth of Virginia, (hereinafter, the "Grantee"), whose address is 2.03 Governor
Street, Suite 302, Richmond, Virginia 23219; Cynthia J. QUINN , (hereinafter, the "Additional
Grantor"); and WASHINGTON MUTUAL BANK, F.A. (HEREINAFTER, THE "Bank'); and
Al G. NOLAN and Patrick M. GALLAGHER, Trustees (hereinafter together, the `Trustee").
WITNESSETH:
WHEREAS, the Open -Space Land Act of 1966, Chapter 461 of the 1966 Acts of the
Assembly, (Chapter 17, Title 10.1, §§10.1-1700 through 10.1-17.05 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 through 10.1-
1804, as amended) 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,
historic, scientific, open -space and recreational lands of the Commonwealth; and
WHEREAS, the Grantor is the owner in fee simple of certain real property containing
287.994 acres, more or less, hereinafter described (the "Property"); and
WHEREAS, the Property possesses natural, scenic, and open -space characteristics of
great importance to the Grantor, the people of Albemarle County, Virginia, and the people of the
Commonwealth of Virginia, including but not limited to, wetlands, a riparian corridor, wildlife
habitat, prime agricultural lands and scenic resources; and
WHEREAS, the Board of Supervisors of Albemarle County has recognized said
characteristics of the Property and has authorized real estate taxation based on its use value as
Loan # 0081832529
land devoted to agricultural, forestal, and open -space use as authorized by §58.1-3231 of the
Code of Virginia (1950) as amended; and
WHEREAS, in particular, the Property is situated in the Rural Area as designated on the
zoning map of Albemarle County; and
WHEREAS, the Property lies in the viewshed of the Shenandoah National Park and
Interstate 64, an Entrance Corridor to Charlottesville designated for protection by the Board of
Supervisors of Albemarle County, Virginia; and
WHEREAS, the conveyance of this Easement over the Property will preserve the open -
space character of the Property (including its farmlands and forestlands) pursuant to certain
clearly delineated Federal, state and local governmental conservation policies, including but not
limited to:
The Virginia Open -Space Larid Act as more particularly cited above;
Title 10.1, Chapter 18, §§ 10.1-1800 to 10.1-1804 of the Code of Virginia, as amended,
as more particularly cited above;
The Comprehensive Plan for Albemarle County, Virginia, 1996-2016, adopted March 3,.
1999 (hereinafter the "Comprehensive Plan"), which identifies the following as
objectives: (i) protection of Albemarle County's agricultural and forestal lands through
land use regulations and the promotion of voluntary techniques such as conservation
easements, (ii) protection of Albemarle County's surface water and groundwater supplies,
(iii) protection of Albemarle County's natural, scenic, and historic resources, (iv) to
direct growth into designated Growth Areas, and (v) to discourage residential
development (other than dwellings related to a bona fide agricultural / forestal use) in
Rural Areas and locate the limited amount of residential development permitted in Rural
Areas in a manner designed to minimize the impact of development permitted on rural
resources and minimize the conflict of development with agricultural / forestal activities;
The Albemarle County. Open -Space and Critical Resources Plan, adopted July 15, 1992
(hereinafter the "Open -Space and Critical Resources Plan"), which delineates open -
spaces and open -space characteristics considered important to conserve or preserve,
protect and utilize for their environmental, aesthetic, cultural, agricultural / forestal, and
recreational value, including farmlands and forests;
Title 58.1, Chapter 32 §58.1-3229 et seq. of the Code of Virginia, as amended, the
Special Assessment for Land Preservation (hereinafter, the "Special Assessment Act"),
which permits localities to adopt a program of special assessments for tax purposes with
respect to agricultural, forestal, horticultural, and open -space lands and is intended to
encourage the preservation of rural resources and relieve development pressures that
might cause rural land conversion; Albemarle County's adoption of an ordinance
providing for the special assessment of real estate devoted to agricultural, horticultural,
forest, and open -space use (hereinafter, the "Special Assessment Ordinance"); and the
Loan # 0081832529
Property is subject to special assessment based on its use value as land devoted to
agricultural, forest, and open -space use; and
The Rural Areas Zoning district regulations adopted by Albemarle County in 1980,
which are intended to improve the design and character of rural development and halt the
development of large scale rural subdivisions; and
WHEREAS, the protection of the Property pursuant to this Easement will yield the
following significant public benefits:
Protection from development, which existing and foreseeable trends in the vicinity of the
Property indicate is increasing rapidly and which would Iead or contribute to the
degradation of the scenic, natural, and historic character of the area;
Consistency of the open -space use of the Property with public programs (whether
Federal, state or local) for conservation in the region, including (i) the Virginia Open -
Space Land Act, (ii) the Comprehensive Plan, (iii) the Open -Space and Critical
Resources Plan, (iv) Virginia's Special Assessment Act and Albemarle County's Special
Assessment Ordinance, (v) Albemarle County's Rural Areas zoning district regulations;
Consistency of the open -space use of the Property with the. Shenandoah National Park
viewshed;
The opportunity for the general public to appreciate the natural and scenic views of the
Property from Interstate 64, and Greenwood Road (State Route 691) and Greenwood
Station Road (State Route 690); and
The preservation of local and regional landscape, which attracts tourism and commerce to
the area.
WHEREAS, the Grantor intends to make a charitable gift of the property interest
conveyed by this Easement to the Grantee for the exclusive purpose of assuring that, under the
Grantee's perpetual stewardship, the agricultural resource base, scenic character, and open -space
character of the Property will be conserved and forever maintained, and that uses of the Property
that would materially diminish or impair such conservation purposes will be prevented; and
WHEREAS, the Grantee hereby represents that the Grantee is a "qualified organization"
as defined in § I70(h)(3) of the Internal Revenue Code. References to the Internal Revenue Code
in this Easement shall mean the United States Internal Revenue Code of 1986, as amended, or
the corresponding provisions of any subsequent federal tax laws, and the applicable regulations
and rulings; and
WHEREAS, the Grantee has determined that the Restrictions will limit the uses of the
Property to those uses consistent with, and not adversely affecting the Open -Space Values of the
Property, the scenic values enjoyed by the general public, and the clearly delineated
governmental conservation policies furthered by this easement; and
Loan # 0081832529
WHEREAS, the Property lies adjacent to land under open -space easement deeded to the
Grantee and contributes to the open -space values of such land under easement.
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 give, 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 "Monterey Farms" consisting of 287.994 acres
described in SCHEDULE "A" attached hereto, located in the White Hall Magisterial District,
Albemarle County, Virginia, near Greenwood, fronting on Greenwood Station Road (State Route
691), and herein referred to as the "Property:"
The tracts described on Schedule A are identified by Tax Map and parcel
numbers: 05500-00-00-01200, 05500-00-00-012E0, and 05500-00-00-013A0
among the land records of Albemarle County and total 287994 acres in the
aggregate. The Property shall he considered to be one parcel for the purposes of
this easement, and the restrictions and covenants of this easement shall apply to
the Property as a whole.
AND SUBJECT, HOWEVER, to the restriction that the Grantee 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 defned 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 use of the Property pursuant to the public policies set forth
above. The Grantor covenants that no acts'or uses that are inconsistent with the conservation
purposes of this easement shall be conducted or undertaken on the Property. The acts that the
Grantor covenants to do and not to do upon the Property, and the Restrictions that the Grantee is
hereby entitled to enforce are, and shall be, as follows:
I- TRASH. 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 laws and regulations.
2. SIGNS. Display of billboards, signs, or other advertisements that are visible from outside the
Property is not permitted on or over the Property except to: (i) state the narne andlor address of
the owners of the Property, (ii) advertise the sale or lease of the Property, (iii) advertise the sale
of goods or services produced incidentally to a permitted use of the Property, (iv) provide notice
necessary for the protection of the Property, (v) give directions to visitors, or (vi) recognize
participation in a conservation program. No such sign shall exceed nine square feet in size.
4
Loan # 0081832529
3. DIVISION. The Property shall not be divided or subdivided into, or separately conveyed as
more than three (3) parcels, one of which shall be limited in size to fewer than ten (10) acres and
located so as to rainirnize the effect on the remainder. However, in the event the Grantor
subsequently acquires additional contiguous acreage which the Grantor protects by adding it to
the Property and amending this Easement to include such additional land and the aggregate
acreage protected thereby exceeds 300 acres, then, and in that event, the restriction limiting the
size of one of the permitted parcels imposed above shall cease and be of no further force and
effect. Boundary line adjustments with adjoining parcels of land are permitted and shall not be
considered a prohibited division of the Property, provided that the Grantee is made party to the
deed creating the boundary line adjustment and at least one of the following conditions is met:
(i) The entire adjacent parcel is subject to an existing, recorded open -space easement
conveyed to the Grantee;
(ii) The proposed boundary line adjustment is reviewed and approved in advance by the
Board of Trustees of the Grantee.
4a. MANAGEMENT OF FOREST. Commercial timber harvesting 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
commercial forestry or material land clearing activity is undertaken, A pre -harvest plan
consistent with the forest stewardship plan shall be submitted to VOF at least 30 days prior to
begimling such commercial timber harvesting; and
The primary objectives of the forest stewardship plan shall be to maintain the health of the forest
and conserve soil and water.
4b. RIPARIAN BUFFER There shall be no plowing, cultivation, or similar earth disturbing
activity within thirty five (35) feet of each bank of Stony Run on the Property. This buffer shall
be protected from degradation by livestock, Stream crossings may be constructed and
maintained..
5. GRADING, BLASTING, MINING. 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 the construction of permitted buildings, structures, amenities, connecting private
roads, and utilities as described in Paragraph 6. Generally accepted agricultural activities or
preparation for such activities shall not constitute any such material alteration. Best Management
Practices, in accordance with the Virginia Erosion and Sediment Control Law, shall he used to
control erosion and protect water quality in the construction of permitted buildings and private
roads. Notwithstanding the foregoing, no grading, blasting, or earth removal is permitted on the
Property if it will materially diminish or impair the Open -Space Values of the Property. Miring
on the Property by surface mining or any other method is prohibited.
6. BUILDINGS AND STRUCTURES. No permanent or temporary building or structure may
be built or maintained on the Property other than:
Loan # 0081832529
(i) Three (3) principal single family dwellings and outbuildings, structures and amenities
commonly and appropriately incidental thereto, including a guest cottage not to exceed
450 square feet of enclosed livable space which must be attached to the principal
dwelling by breezeway, dogtrot or similar structure.
(ii) Three (3) secondary dwelling units, e.g. cottage or barn or garage apartment) not to
exceed 2,000 square feet of above -grade livable space each and non-residential
outbuildings or structures commonly and appropriately incidental thereto, and
(iii) farm buildings or structures, except that any new farm building or structure
exceeding 4,500 square feet in ground area may not be constructed on the Property unless
prior written approval for the building or structure is obtained from the Grantee, which
approval shall be limited to consideration of the impact of the size, height and siting of
the proposed structure on the Open -Space Values of the Property; for the purposes of this
subparagraph a farm building or structure shall mean a building or structure originally
constructed and used for the activities specified in paragraph 7(i).
Private roads and utilities that serve permitted buildings, structures and amenities in this
Paragraph 6 may be constructed.
In the event of subdivision of the Property as provided in Paragraph 3 above, permitted
dwellings shall be allocated among the parcels in the instruments creating the subdivision, and
private roads and utilities may be constructed on each parcel.
7. INDUSTRXAL OR COMMERCIAL ACTIVITIES. Industrial or commercial activities
other than the following are prohibited: (i) agriculture, including animal husbandry, viticulture,
aquaculture, silviculture, horticulture, and equine and equestrian activities, (ii) temporary or
seasonal outdoor activities that do not permanently alter the physical appearance of the Property,
and that do not diminish the conservation values herein protected, and (iii) activities that 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. Notwithstanding
the foregoing, any commercial recreational use of the Property is permitted only to the extent
such use would otherwise be, permitted under Section 203 1 (c)(8)(B) of the Internal Revenue
Code of 1986 as amended.
8. ENFORCEMENT. 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 pen-nission from
or reasonable notice to the owner or the owner's representative. Reasonable notice is hereby
defined as written notice delivered by certified mail, return receipt requested at least one (1)
week prior to the proposed inspection visit. The Grantee has the right to bring an action at law or
in equity to enforce the Restrictions contained herein. This right specifically includes the right to
require restoration of the Property to a condition of compliance with the terms of this easement
as existed on the date of the gift of the easement except to the extent such condition thereafter
changed in a manner consistent with these Restrictions; to enjoin non-compliance by temporary
Loan # 0081832529
or permanent injunction. If the court determines that the Grantor failed to comply with this
easement, the Grantor shall reimburse the Grantee for any reasonable costs of enforcement,
including costs of restoration, court costs and reasonable attorney's fees, in addition to any other
payments ordered by such court. The Grantee does not waive or forfeit the right to take action as
may be necessary to insure compliance with this easement by any prior failure to act.
9.NOTICES TO GRANTEE. The Grantor shall notify the Grantee in writing at, or prior to,
closing on any inter vivos conveyance of the Property. This deed of easement shall be referred
to by deed book and page number, or instrument number, in any deed conveying an interest in
the Property. The Grantor shall notify the Grantee in writing prior to undertaking any activity on
the Property that may be inconsistent with the Open -Space Values or Restrictions.
10. EXTINGUISHMENT. The Grantor and the Grantee intend that this easement be perpetual
and not be extinguished, and extinguishment of this easement is not permitted under the Open -
Space Land Act, Virginia Code Section 10.1-1700 et sea. Restrictions set forth in the casement
can be extinguished only by judicial proceeding and only if such extinguishment also complies
with the requirements of section 10.1-1704 of the Virginia Code. In any sale or exchange of the
Property subsequent to such extinguishment, the Grantee shall be entitled to a portion of the
proceeds at least equal to the proportionate value of the perpetual conservation restriction
computed as set forth below, but not to be less than the proportionate value that the perpetual
conservation restriction at the time of the extinguishment bears to the then value of the Property
as a whole. The Grantor agrees that the donation of the perpetual conservation restriction 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 restriction at
the time of the gift bears to the value of the Property as a whole at that time. The Grantee shall
use all its share of the proceeds from the sale of the Property in a manner consistent with the
conservation purposes of this easement and of the Open -Space Land Act. No part of the Property
may be converted or diverted from open -space uses as herein defined except in accordance with
Virginia Code Section 10.1-1704.
11. DOCUMENTATION. Documentation retained in the offices of the Grantee describes the
condition and character of the Property at the time of the gift. The Documentation may be used
to determine compliance with and enforcement of the terms of the easement; however, the
parties are not precluded from using other relevant evidence or information to assist in' that
determination.
12. SUCCESSORS IN INTEREST. 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.
13. ENTIRE AGREEMENT. This instrument sets forth the entire agreement of the parties with
respect to the easement and supersedes all prior discussions, negotiations, understandings, or
agreements relating to the easement. This Easement shall not be construed to permit any use of
the Property which is otherwise prohibited by Federal, state, or local law or regulation.
Loan # 0081832529
14. SEVERABILITY. If any provision of this deed or its application to any person or
circumstance is determined by a court of competent jurisdiction to he invalid, the remaining
provisions of this easement shall not be affected thereby.
Washington Mutual, F.A., herein, the Bank, is the Noteholder under a certain Deed of
Trust dated April 1, 2004 and recorded in the Clerk's Office of the Circuit Court of Albemarle
County, Virginia, in Deed Book 2720, at page 250, which subjects the Property to the Bank's
lien. The Bank hereby consents to the terms and intent 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.
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
retains the exclusive right to such access and use, subject to the terms hereof.
The parties hereto agree and understand that any value of this easement claimed for tax
purposes as a charitable gift must be fully and accurately substantiated by an appraisal from a
qualified appraiser as defined in IRS regulations (see Section 1. 1 70A-13(c)(5)), and that the
appraisal is subject to review, audit and challenge by all appropriate tax authorities. The Virginia
Outdoors Foundation makes no express or implied warranties that any tax benefits will be available
to Grantor from donation of this easement, or that any such tax benefits might be transferable, or
that there will be any market for any tax benefits that might be transferable. The parties hereto
intend that the easement conveyed herein shall be a qualified conservation contribution within the
meaning of Section 170(h) of the Internal Revenue Code of 1986, as amended, and the restrictions
and other provisions of this instrument shall be construed and applied in a manner that will not
prevent this easement from being a qualified conservation contribution. By its execution hereof, the
Grantee acknowledges and confirms receipt of the Easement and further acknowledges that the
Grantee has not provided any goods or services to the Grantor in consideration of the grant of the
Easement.
The Additional Grantor, wife of Paul D. Quinn, joins in the execution of this Deed of Gift
to evidence her acknowledgment of this donation and her consent thereto and to waive such
inchoate rights she may have in and to the Property under the Virginia Augmented Estate Act as
now written or hereafter amended.
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 Deputy Director, Tamara A. Vance, by
authority granted by the Board of Trustees of the Grantee. Assignment of this easement is
governed by § 10.1-1801 of the Code of Virginia.
[Counterpart Signature pages appear following pages]
:a 2
IN Wt'FNESS 'W-H RF:OF 4hc; GrwJto, ..as ui Easement to be
executed on its behalf by Paul D. C4411-,[,, its i��:a,g.£�3ern �r�r orrd agent hereunto dujy
authorized.
COMMONWEALTH OF VRGP I,T ,
CITY/eety-IN-TY OF �Nid�.4�,SGlGd: 'I'O WIT.
The foregroing deed of gift of easement «as acknowledged be;bre me this clay ui'
S� �rn�--A� 2006, 17v Paui D. (Q;uar,, individually aM as Managhi) Member of
Greenwood I:LC.
JN. tat'i PuEfe
C ITY OF Cl IARi.0TTF S JLJ' ,L T'O W aT
The foregoing deed or'gif aT eas ent was ac cn: r'v! dg„ d betbr-- me this l 5 `" day of
September. 2011,15, by C yntq.;a
!iir. i.!::SI7!isi..;,�C.`i: ���'•-;F'�. .1.�• ��./. - _ _ _.._ _
A
LoAN # 0081832529
[Counterpart Signature Page 2 of 3]
,_1 ,
WASHINGTON MUTUAL BANK, F.A.
f'
By:
r.f
_ Parri ci a T,. 'Rill en-.Acst At, Prr—es4c; dent
Printed Name, Title
}
AKx'Avi0r4xTWP8;rft
Forbes-R. Reback, Substitute Trustee
(SEAL)
STATE OF South Carolina
CITY/COUNTY OF Florence , TO WIT:
The foregoing deed of gift of easement was acknowledged before me this 13thday of
December _ ,2006,by Patricia L. Bulen ,as Asst. V. President
of and on behalf of Washington Mutual Bank, F.A.
Notary Public ,Catherine Smith
My commission expires: 12 / 29 / 2007
STATE OF Vt 10��
CITY/COUNTY O '� �- __. , TO WIT:
The foregoing deed of gift of easement was acknowledged before me this -2-1 day of
-c�_ �, 2006, by-A1:e--D#4r, as Trustee of Washington Mutual Bank, F.A.
v ybens R .
Notary Pub
STATE OF
CITY/COUNTY OF
My commission expires: d old i o
TO
The foregoing deed of gift of easerne cknowledged before me this day of
2006, by Peter U. allagher, ase of Washington Mutual Bank, F.A.
My commission expires:
Notary Public
10
[Counterpart Signature Page 2 of 2]
Accepted:
VIRGIMA OUTDOORS FOUNDATION,
By:
e"J�—
Tamara A. Vance, eputy Director
COMMONWEALTH OF VIRGINIA
C�Y/COUNTY OF A, LxU, ! _, TO WIT:
The foregoing deed of gift of easement was acknowledged before one this I7-p4l`day of
2006, by Tamara A. Vance, Deputy Director of the Virginia Outdoors
Foundation.
Notary Public �w
My commission expires: SZRZ "e '
44 v
Loan # 0081832529
SCHEDULE A
LEGAL DESCRIPTION
PARCEL ONE: Albemarle County Tax Map Parcel No: 05500-00-00-01200
ALL that certain tract or parcel of land situate on the southeast side of Greenwood Station Road (State
Route 691) near Greenwood in White Hall District, Albemarle County, Virginia, containing 154.385
acres, more or less, together with all improvements thereon and appurtenances thereto being more
particularly described and shown as "Residue TMP 55-12" on that certain plat of survey prepared by
Steven L. Key, Land Surveyor, dated August 29, 2003, entitled "Plat Showing Parcel `A' Monterey
Farms Being A Division of Tax Map 55, Parcel 12 Located Near Greenwood White Hall Magisterial
District, Albemarle County, Virginia" (the "Plat"), which plat is attached to and recorded with a
Declaration of Easement dated October 21, 2003, recorded in the Clerk's Office of the Circuit Court of
Albemarle County, Virginia, in Deed Book 2638, page 515;
BEING the same property conveyed to the Greenwood, LLC by deed of Paul D. Quinn dated January 23,
2006, recorded in the Clerk's Office aforesaid in Deed Book 3144, page 590.
PARCEL TWO: Albemarle County Tax Map Parcel No; 05500-00-00-012EO
ALL that certain tract or parcel of land situate on the southeast side of Greenwood Station Road (State
Route 691) near Greenwood in White Hall District, Albemarle County, Virginia, containing 92.809 acres,
more or less, together with all improvements thereon and appurtenances thereto being more particularly
described and shown as "Residue TMP 55-12" on that certain plat of survey prepared by Steven L. Key,
Land Surveyor, dated August 29, 2003, entitled "Plat Showing Parcel `A' Monterey Farms Being A
Division of Tax Map 55, Parcel 12 Located Near Greenwood White Hall Magisterial District Albemarle
County, Virginia" (the "Plat"), which plat is attached to and recorded with the Declaration of Easement
dated October 21, 2003, recorded in the Clerk's Office aforesaid, in Deed Book 2638, page 515;
BEING the same property conveyed to the Greenwood, LLC by deed of Joseph M. Casero and Karina
Casero dated October 21, 2003, recorded November 13, 2003 in the Clerk's Office aforesaid in Deed
Book 2638, page 555.
PARCEL THREE: Albemarle County Tax Map Parcel No: 05500-00-00-013AO
ALL that certain tract or parcel of land situate on the southeast side of Greenwood Station Road (State
Route 691) near Greenwood in White Hall District, Albemarle County, Virginia, shown as "±40.8 Ac.
Residue" on a plat prepared by Stephen L. Key, CLS dated April 5, 2005, revised April 14, 2005 entitled
"Plat Showing a Boundary Adjustment Between Tax Map 55, Parcel 13, and Parcel `X' Located Near
Greenwood", recorded in the Clerk's Office aforesaid, in Deed Book 3144, page 598, said tract or parcel
being composed of a combination of the tract shown as "f38.1 Ac. Residue" on a plat prepared by
Stephen L. Key, CLS dated March 18, 2004 entitled "Plat showing a division of Tax Map 55, Parcel 13,
Located Near Greenwood", recorded in the Clerk's Office aforesaid in Deed Book 2720, page 243 PLUS
the 2.664 acres remaining after creating "Revised Parcel `X"' as shown on the plat. made.by Steven L.
Key, C.L.S. dated April 5, 2005, revised April 14, 2005 referred to above;
BEING portions of the property conveyed to Greenwood, LLC and Paul D. Quinn by deed of Martha S.
Bates, Trustee of the Katherine Gray Shirley Trust, a Revocable Trust Created by Trust Agreement dated
January 14, 1994; dated December 12, 2003, recorded April 2, 2004 in the Clerk's Office aforesaid, in
Deed BooIc 2720, page 246 and by deed of Paul D. Quinn dated April 15, 2006, recorded January 23,
2006 in the Clerk's Office aforesaid, in Deed Book 3144, page 592
RECORDED IN CLERKS OFFICE OF
December 1,2 BAT 2-
22-52 $0,00 GRANTOR TAX PD PM
AS REQUIRED BY VA CODE 1i58.1-802
STATE: $'0,Q0 LOCAL: $o.00
12 SHELE L13 MA COLIN ry, VA
HA L CLERK CIRCUIT Co[1RT
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