HomeMy WebLinkAboutSP202000012 Ownership Documents 2020-06-15 (3)Page 1 of 22
Instrument Control Number
Olt 193
Commonwealth of Virginia
Land Record Instruments
Cover Sheet - Form A
[ILS Cover Sheet Agent Online Version 2.3.1.27
Date of Instrument [ 11/24/2014
Instrument Type [ DE
Number of Parcels [ 1 ]
Number of Pages [ 20 ]
city❑ county® [ Albemarle County
IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII
Doc ID: 033029970023 Type: DEE
Recorded: 12/09/2014
Fee mt: at 03:48:52 PM
A$0.00 Pape 1 of 2QL
Albemarle County, VA
Debra Shipp Ciruit Clerk
Filet/ 26M. 14-OoO11932
SK4563PG643-665
(Box for Deed Stamp Only)
0LJ[ Tillack, Trustee ] [ Catherine ] [ Talley English ] [ l
First and Second Grantees
F-Last Name itst Name MiddleName ffix
®®[ Albemarle County Public Recreational Facilities ] [ ]
Grantee Address (Name) [ Albemarle County Public Recreational Facilities Authority ]
(Address 1) [ 401 McIntire Road ]
(Address 2) [ ]
(City, State, Zip) [ Charlottesville ] [ VA ] [ 22902 ]
Consideration [ 0.00 ] Existing Debt [ 0.00 ] Assumption Balance [ 0.00 ]
Prior Instr. Recorded at: City ❑ county® [ Albemarle County percent. in this Juris.(%)[ 100 ]
Book [ 4045 ] Page [ 298 ] Instr. No [ ]
Parcel Identification No (PIN) [ 07000-00-00-015EO ]
Tax Map Num. (if different than PIN) [ ]
Short Property Description [ 13.28 acres ]
[ ]
Current Property Addr(Address 1) [ ]
(Address 2) [ ]
(City, State, Zip) [ ] [ ] [ ]
Instrument Prepared by [ Woods Rogers PLC ]
Recording Paid for by [ Woods Rogers PLC }
Return Recording to (Name) [ Woods Rogers PLC }
(Address 1) [ 123 East Main Street ]
(Address 2) [ 5th Floor ]
(City, State, Zip) [ Charlottesville ] [ VA ] [ 22902 ]
Customer Case ID [ ] [ ] [ CS-963276 ]
Cover Sheet Page # 1 of 1
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This document prepared by:
J. Alden English, Esq. (VSB No. 48262)
Woods Rogers PLC
123 East Main Street, 5d' Floor
Charlottesville, Virginia 22902
Albemarle County
TMP # 07000-00-00-015FO
This deed is exempt from taxation under Virginia Code § 58.1-811(A)(3) and 58.1-811(C)(4) and from Clerk's fees
under Virginia Code § 17.1-266.
DEED OF EASEMENT
THIS DEED OF EASEMENT, made this 24th day of November 2014, between
CATHERINE TALLEY ENGLISH TILLACK, TRUSTEE of the Catherine Talley English
Tillack Revocable Trust under agreement dated June 21, 2011, hereinafter referred to as the
"Grantor," and the ALBEMARLE COUNTY PUBLIC RECREATIONAL FACILITIES
AUTHORITY, a political subdivision of the Commonwealth of Virginia established pursuant to
Virginia Code § 15.2-5600 et seq., hereinafter referred to as the "Grantee."
WITNESSETH
WHEREAS, the Grantor is the owner in fee simple of the real property located in
Albemarle County that is described below and hereinafter referred to as the "Property;"
WHEREAS, the Property contains 13.28 acres, more or less, in the aggregate;
WHEREAS, the Grantor has voluntarily offered and agreed to have the Property be
subject to the terms of this open -space easement (hereinafter, the "Easement");
WHEREAS, the Grantee is a political subdivision of the Commonwealth of Virginia
and a "qualified organization" and "eligible donee" under Section 170(h)(3) of the Internal
Revenue Code (references to the Internal Revenue Code in this Easement shall be to the United
States Internal Revenue Code of 1986, as amended, and the applicable regulations and rulings
issued thereunder, or the corresponding provisions of any subsequent federal tax laws and
regulations) (the "IRC") and Treasury Regulation Section 1.170A-14(c)(1) and is willing to
accept a perpetual conservation and open -space easement over the Property as herein set forth;
WHEREAS, Chapter 461 of the Acts of 1966, codified in Chapter 17, Title 10.1,
Sections 10.1-1700 through 10.1-1705 of the Code of Virginia, as amended (the "Open -Space
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Land Act"), provides "that the provision and preservation of permanent open -space land are
necessary to help curb urban sprawl, to prevent the spread of urban blight and deterioration, to
encourage and assist more economic and desirable urban development, to help provide or
preserve necessary park, recreational, historic and scenic areas, and to conserve land and other
natural resources" and authorizes any public body to acquire interests in real property, including
easements in gross, as a means of preserving open -space land;
WHEREAS, pursuant to Sections 10.1-1700 and 10.1-1703 of the Open -Space Land
Act, the purposes of this Easement include retaining and protecting open -space and natural
resource values of the Property, and the limitation on division, residential construction and
commercial and industrial uses contained in Section 2 ensures that the Property will remain
perpetually available for agriculture, livestock production, forest or open -space use, all as more
particularly set forth below;
WHEREAS, as required under Section 10.1-1701 of the Open -Space Land Act, the use
of the Property for open -space land conforms to the County of Albemarle Comprehensive Plan
adopted on March 2, 2005, and the Property is designated as rural area on the county's future
land use map;
WHEREAS, this Easement is intended to constitute (i) a "qualified conservation
contribution" as defined in IRC Section 170(h)(1) as more particularly explained below, and (ii)
a qualifying "interest in land" under the Virginia Land Conservation Incentives Act of 1999
(Section 58.1-510 et seq. of the Code of Virginia (1950), as amended);
WHEREAS, this Easement is intended to be a grant "exclusively for conservation
purposes" under IRC Section 170(h)(1)(C), because it effects "the preservation of open space
(including farmland and forest land)" under IRC Section 170(h)(4)(A)(iii); specifically, the
preservation of open space on the Property is pursuant to clearly delineated state and local
governmental conservation policies and will yield a significant public benefit;
WHEREAS, this open -space easement in gross constitutes a restriction granted in
perpetuity on the use which may be made of the Property and is in furtherance of and pursuant to
the clearly delineated governmental conservation policies set forth below:
(i) Land conservation policies of the Commonwealth of Virginia as set forth in:
a. Section 1 of Article XI of the Constitution of Virginia, which states that it
is the Commonwealth's policy to protect its atmosphere, lands and waters from pollution,
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impairment, or destruction, for the benefit, enjoyment, and general welfare of the people of the
Commonwealth;
b. The Open -Space Land Act cited above;
C. The Virginia Land Conservation Incentives Act, Chapter 3 of Title 58.1,
Sections 58.1-510 through 58.1-513 of the Code of Virginia cited above, which supplements
existing land conservation programs to further encourage the preservation and sustainability of
the Commonwealth's unique natural resources, wildlife habitats, open spaces and forest
resources;
(ii) Land use policies of the County of Albemarle as delineated in its Comprehensive
Plan, specifically the Rural Areas Plan adopted on March 2, 2005, and the Natural Resources &
Cultural Assets section adopted on March 3, 1999, and in its Strategic Plan adopted in July 2006
as follows:
a. The Rural Areas Plan of the Albemarle County Comprehensive Plan
adopted on March 2, 2005, states in its Introduction that: "Agricultural and forestal resources
have been identified as the most critical County resources and the desired primary land use in the
Rural Areas. Such uses play an important and long-standing role in the environment, heritage,
and economy of the County. Loss of these resources to development is irreversible and
irreplaceable. Stewardship of these resources also provides an opportunity to conserve and
efficiently use other resources such as: (1) water resources (with use of property conservation
techniques); (2) natural, scenic, and historic resources with the maintenance of pasture land,
farmland, and forested areas; and (3) fiscal resources by limiting development and lessening the
need to provide public services to wide areas of the County.";
b. This Rural Areas Plan is its section titled "Guiding Principles For The
Rural Areas" states the following "defining principles":
i) Agriculture - Protect Albemarle County's agricultural lands as a
resource base for its agricultural industries and for related benefits they contribute
towards the County's rural character, scenic quality, natural environment, and fiscal
health.
ii) Forestry resources - Protect Albemarle County's forests as a
resource base for its forestry industries and watershed protection.
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iii) Land Preservation - Permanently preserve and protect Albemarle
County's rural land as an essential and finite resource through public ownership or
through conservation easements.
iv) Land Conservation - Protect Albemarle County's rural land
through planned management of open spaces to prevent exploitation, destruction, or
neglect.
v) Water supply resources - Protect the quality and supply of surface
water and groundwater resources.
vi) Natural resources - Preserve and manage the Rural Areas' natural
resources in order to protect the environment and conserve resources for future use.
vii) Scenic resources - Preserve the County's rural scenic resources as
being essential to the County's character, economic vitality, and quality of life.
viii) Historical, archeological and cultural resources - Protect the Rural
Areas' historic, archeological and cultural resources.";
C. This Rural Areas Plan states among its goals the following: "Protect
Albemarle County's rural land through planned management to prevent exploitation, destruction,
or neglect, and permanently preserve rural land as an essential and finite resource."; "Protect
critical natural resources identified in the Comprehensive Plan from the impacts of residential
development."; and "Reduce the level and rate of residential development in the Rural Areas,
and minimize the impacts of permitted development.";
d. The conveyance of this Easement on the Property will further these
principles and goals of the Albemarle County Comprehensive Plan and that Plan's strategies to:
(i) "Encourage the protection of prime agricultural soils and working farms from non-agricultural
development through ... conservation easements, ...", (ii) "Encourage protection of prime forestal
soils from non -forestal development through ... conservation easements, ..." and (iii) "Continue
to actively promote conservation easements.";
WHEREAS, the Property lies adjacent to and in the vicinity of other parcels under open -
space easements deeded to other eligible donees within the meaning of IRC Section 170(h)(3)
and protection of the Property hereunder contributes to the open -space values of the area
containing such lands under easement;
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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, and these characteristics are described in greater detail herein;
WHEREAS, the Property is composed of one (1) parcel of record containing 13.28
acres, more or less, in the aggregate has a total of five (5) theoretical development rights under
Albemarle County Code § 18-10.3 which, if fully exercised, could result in the establishment of
five (5) dwelling units on the Property, and, at the time of the granting of this Easement, contains
one (1) dwelling unit and other improvements as documented in the Baseline Report executed by
the Grantor, a copy of which is on file with the Grantee;
WHEREAS, the Property possesses significant conservation values, including but not
limited to those for the scenic enjoyment of the general public; assuring the Property's
availability for agricultural, forestal, recreational, or open -space use; protecting natural
resources, including but not limited to water resources, and environmentally sensitive lands; and
maintaining or enhancing air or water quality, including those to conserve and protect
biodiversity and wildlife and aquatic habitat;
WHEREAS, the Property fronts approximately 1,130 linear feet on State Route 691
(Ortman Road), the Property is also visible from U.S. Route 250 (Rockfish Gap Turnpike),
which is designated as an Entrance Corridor by the County of Albemarle and designated a Scenic
Byway by the Commonwealth of Virginia, and the maintenance of the Property in open space
will provide scenic enjoyment for the traveling public on those roads;
WHEREAS, the Property borders an intermittent stream that flows into Stockton Creek
and then to the Mechums River, a principal tributary of the South Fork Rivanna River Reservoir,
the chief source of the public water supply for the City of Charlottesville and the growth areas of
Albemarle County, and preservation of the Property in a relatively undeveloped state will serve
to protect the quality of water in the public system;
WHEREAS, the Property is within the Chesapeake Bay watershed and contributes in its
undeveloped state to the water quality of the Chesapeake Bay and its watershed and contributes to
the federal strategy defined in Executive Order 13508 (5/12/09) to protect the Chesapeake Bay
watershed;
WHEREAS, in the Chesapeake 2000 Agreement, the Governor of the Commonwealth of
Virginia and the Administrator of the United States Environmental Protection Agency
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acknowledged "that future development will be sustainable only if we protect our natural and
rural resource land, limit impervious surfaces and concentrate new growth in existing population
centers" and a goal of the Chesapeake 2000 Agreement is to "expand the use of voluntary and
market -based mechanisms such as casements ... to protect and preserve natural resource lands";
WHEREAS, the Property is located in the Greenwood -Afton Rural Historic District as
designated by the Virginia Board of Historic Resources, and protection of the Property in open
space will contribute to the maintenance of the rural character and integrity of the district.
WHEREAS, the Property is located in the Yellow Mountain Agricultural and Forestal
District created pursuant to the Virginia Agricultural and Forestal Districts Act (§§15.2-4300
through 15.2-4314 of the Code of Virginia of 1950, as amended);
WHEREAS, the Property has qualified for reduced taxation under the Albemarle County
land use program adopted pursuant to Chapter 32, Title 58.1 of the Code of Virginia (§58.1-
3230, et seq., as amended);
WHEREAS, the protection of the Property by this Easement will yield significant public
benefits because of. the public's ability to enjoy the scenic values of the Property; and the
prevention of natural -resource degradation that would be caused by residential development of the
Property;
WHEREAS, the Grantor desires to establish an open space easement on the Property for
the purpose of preserving such lands as open space in perpetuity in order to protect the values
described herein; and
WHEREAS, this conveyance is with the full consent of the Grantor and is therefore
deemed to be voluntary.
NOW, THEREFORE, in consideration of the recitals and the mutual benefits, covenants
and terms herein contained, and for other good and valuable consideration, the receipt of which
is hereby acknowledged, the Grantor hereby grants, conveys, covenants and agrees as follows:
1. GRANT AND CONVEYANCE OF EASEMENT; IN PERPETUITY. The Grantor
hereby grants and conveys to the Grantee and its successors and assigns, with SPECIAL
WARRANTY OF TITLE, an open space easement (the "Easement") in gross over the Property
described below, restricting in perpetuity the use of the Property in the manner set forth herein:
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All that certain parcel or tract of land with all improvements thereon and
appurtenances thereto belonging, situated in Albemarle County, Virginia, fronting
on State Route 691 (Ortman Road), containing 13.280 acres, more or less, more
particularly shown and identified as Tract 2 on a plat dated March 20, 2007,
prepared by Roudabush, Gale & Associates, Inc. of record in the Clerk's Office of
the Circuit Court of Albemarle County, Virginia in Deed Book 3466, page 641;
BEING the same property conveyed to the Grantor herein named by deed of gift
from Jonathan A. Tillack and Catherine Talley English Tillack, dated June 21,
2011, of record in the aforesaid Clerk's Office in Deed Book 4045, page 298.
The Property is also identified in the County's tax maps as Parcel ID Number
07000-00-00-015E0.
2. USES AND ACTIVITIES. In order to accomplish the purposes of the Open -Space
Land Act, all uses and activities on the Property shall conform to all applicable provisions of the
Albemarle County Comprehensive Plan and comply with the applicable requirements of the
Albemarle County Zoning Ordinance (Albemarle County Code, Chapter 18). The Grantor
covenants and agrees that no activities or uses shall be conducted or undertaken on the Property
that are (i) inconsistent with the conservation purposes of this Easement as provided in Treasury
Regulation Section 1.170A-14(g)(1); or (ii) consistent with the conservation purposes, but are
destructive of other significant conservation interests as provided in Treasury Regulation Section
1.170A-14(e)(2) unless such acts or uses are necessary for the protection of the conservation
purposes as provided in Treasury Regulation Section 1.170A-I4(e)(3). The acts and uses that the
Grantor covenants and agrees to do and not to do upon the Property, and the terms and
conditions that the Grantee is hereby entitled to enforce, are and shall be as follows:
A. Division of the Property and boundary line adjustments. The Property may not be
divided and its boundary lines may be adjusted only as provided herein:
1. Division. The Property is currently composed of one (1) parcel. For all
purposes of this Easement, the Property shall be considered to be one (1) parcel. The Property
shall not be divided or subdivided and it may be sold or conveyed only as a whole.
2. Boundary line adjustments. The exterior boundary lines of the Property
shall not be adjusted unless the abutting parcel sharing the same boundary line is subject to a
substantially equivalent conservation easement and the adjustment is approved in writing by the
Grantee.
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B. Construction, installation, location, placement of structures and improvements.
There shall be no construction, placement or maintenance of any structure or improvements on
the Property unless the structure or improvements are either on the Property as of the date of this
Easement or are authorized as follows:
1. Location of structures. There is currently one (1) dwelling located on the
Property as shown on Attachment A. No new dwelling, building or other structure (other than
fences) shall be located within seven hundred fifty feet (750') from the centerline of U.S. Route
250 (Rockfish Gap Turnpike) as shown on Attachment A.
2. Types of structures. No permanent or temporary building or structure
shall be built or maintained on the Property other than:
(a) the existing single-family dwelling, provided that such existing dwelling may
be enlarged or replaced, but no such enlargement or replacement shall exceed six thousand
(6,000) square feet of above -ground enclosed living area;
(b) accessory non-residential structures that are customarily incidental and
subordinate to a single-family residential use, that are located within three hundred feet (300') of
the dwelling unit to which they are accessory, and that are neither designed, equipped nor
furnished for sleeping or cooking, such as outbuildings, swimming pools, tennis courts, decking
detached from the single-family dwelling units, gazebos, garages, garden sheds and tool sheds;
and
(c) the existing farm buildings and structures, and new farm buildings and
structures that shall not exceed a structural footprint of one thousand five hundred (1,500) square
feet unless prior written permission for a greater footprint is obtained from the Grantee.
3. Repair, Reconstruction, or Replacement of Structures. Any structure
permitted hereunder may be repaired, reconstructed, or replaced in a manner that is consistent
with this Easement if it is damaged, destroyed or demolished; provided that the repair,
reconstruction or replacement of the structure is permitted by and complies with all applicable
regulations.
4. Improvements. The following may be constructed, installed, located or
placed, provided they are otherwise consistent with this Easement: driveways, utilities and other
improvements and facilities customary and related to the use of a single parcel.
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5. Alternative Energy Structures. Alternative energy structures scaled to
provide electrical energy or pump water for permitted structures and activities on the Property,
which limitation shall not be deemed to prohibit the sale of excess power generated incidentally
in the operation of such structures and associated equipment, including, but not limited to, solar
panels and micro -hydro installations.
6. Small-scale Miscellaneous Buildings or Structures. Small-scale
miscellaneous buildings and structures, the existence of which is consistent with the conservation
purposes of this Easement and which will not impair the conservation values protected herein,
such as fences, boardwalks and structures for crossing of streams or wetlands.
7. Critical Slopes. No tree clearing, grading or earthmoving activities shall
be conducted on slopes of twenty-five percent (25%) or greater ("Critical Slopes"), except as
otherwise permitted herein.
C. Commercial and industrial uses prohibited; description of uses not deemed to be
commercial and industrial uses. No industrial or commercial uses shall be conducted on the
Property; provided, however, that the following uses are not deemed to be commercial or
industrial uses for purposes of this Easement and are expressly permitted:
1. De minimis commercial recreational uses.
2. Agricultural uses including, but not limited to, establishing, re-
establishing, maintaining or using cultivated fields, orchards or pastures (including clearing
woodland areas for conversion to crop or pastureland) in accordance with generally accepted
agricultural practices, including horticultural specialties; livestock, including all domestic and
domesticated animals; and livestock products. The processing of agricultural products is not an
agricultural use, except as an accessory use. No tree clearing, grading or earthmoving activities
shall be conducted on Critical Slopes.
3. Forestal uses consisting of reforestation, site preparation, timber
harvesting and forest management activities undertaken to produce wood products and/or
improve the health and productivity of the woodland. The processing of wood products is not a
forestal use, except as an accessory use. No tree clearing, grading or earthmoving activities shall
be conducted on Critical Slopes.
4. Temporary or seasonal activities that do not permanently alter the physical
appearance of the Property and are otherwise consistent with this Easement including, but not
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limited to, the sale of agricultural products grown or raised on the Property, and the granting of
licenses to enter and use the Property for hunting or fishing.
5. Activities that can be and in fact are conducted within permitted buildings,
without material alteration to the external appearance thereof.
6. Uses subordinate and customarily incidental to a primary use of the
Property that are not expressly prohibited by and are otherwise consistent with this Easement.
7. Uses or activities not expressly excepted herein, but which are determined
by the Grantee in writing not to be a commercial or industrial use, to be consistent with all other
terms and conditions of this Easement, and to not interfere with the essential resources of the
Property to be protected by this Easements. In making these determinations, the Grantee may
consider, among other things, whether the scope of a use or activity excepted herein has evolved
over time as a result of changes in the law or customary practices.
D. Billboards and signs. There shall be no display of billboards, signs or other
advertisements on the Property, except to: (1) state solely the name of the Grantor, the name of
the farm, and/or the address of the Property; (2) advertise the sale or lease of the Property; (3)
advertise the sale of goods or services produced as permitted by this Easement; (4) give
directions to visitors; or (5) provide warnings pertaining to trespassing, hunting, dangerous
conditions and other similar such warnings. No sign shall exceed nine (9) square feet.
E. Grading, blasting, earth removal and mining. Grading, blasting or earth removal
shall not materially alter the topography of the Property; provided that grading, blasting or earth
removal shall be allowed for dam construction to create private conservation ponds or lakes, and
during the construction of permitted structures or associated improvements, and that such
activities employ applicable Best Management Practices. Common agricultural activities such as
plowing, erosion control and restoration, and the burial of dead animals, are not activities that
materially alter the topography of the Property. Mining on the Property is prohibited.
F. Use of best management practices for all construction, agricultural and forestal
activities. The applicable Best Management Practices, as established by a responsible state
agency, shall be undertaken in all construction, agricultural and forestal activities to control
erosion and protect water quality.
G. Accumulation of waste material. There shall be no accumulation or dumping of
trash, refuse or junk on the Property. This restriction shall not prohibit customary agricultural,
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horticultural or wildlife management practices including, but not limited to, establishing brush,
compost or manure piles, or the routine and customary short-term accumulation of household
trash.
H. Stream buffer. A one hundred fifty foot (150') wide stream buffer shall be
maintained as shown on Attachment A (the "Stream Buffer"). The Stream Buffer shall be
measured from the top of the stream bank and shall include both sides of the stream where the
Stream Buffer exists at the time this Easement was granted. Within the Stream Buffer there shall
be (a) no buildings or other structures, except for the construction and maintenance of fences,
trails, boardwalks and structures for crossing of streams or wetlands, (b) no storage of compost,
manure, fertilizers, chemicals, machinery or equipment, (c) no plowing or other earth -disturbing
activities, except for (i) planting of trees, shrubs and ground cover, and (ii) clearing, grading and
dam construction to create a pond (but not storm water retention or detention ponds to serve
other properties) with the right to install and maintain small docks on such pond.
3. MISCELLANEOUS PROVISIONS
A. No public right of access to Property. This Easement does not create, and shall
not be construed to create, any right of the public to enter upon or to use the Property or any
portion thereof, except as the Grantor may otherwise allow.
B. Easement applies to the whole Property and runs with the land. This Easement
shall apply to the Property as a whole rather than to individual parcels, and shall run with the
land and be binding upon the parties, their successors, assigns, personal representatives, and
heirs.
C. Enforcement. The parties shall have the following rights and obligations
regarding the monitoring of the Property and the enforcement of this Easement:
1. Monitoring. 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 Grantor or the Grantor's representative.
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2. Restoration. Upon any breach of any term of this Easement by the
Grantor, the Grantee may require by written demand to the Grantor that the Property be restored
promptly to its condition at the time this Easement was granted.
3. Baseline report. A copy of the Baseline Report is retained in the offices of
the Grantee that describes the condition and character of the Property at the time this Easement
was granted. This documentation may be used to determine compliance with and enforcement of
the terms of this Easement. However, neither the Grantor nor the Grantee are precluded from
using other relevant evidence or information to assist in that determination. The parties hereby
acknowledge that the Baseline Documentation Report contained in the files of Grantee is an
accurate representation of the Property and contains a statement signed by Grantor and a
representative of Grantee as required by Treasury Regulation 1.170A-I49g0(5)(i).
4. Legal proceedings. The Grantee may enforce the terms of this Easement
by appropriate legal proceedings, including but not limited to, the right to require the restoration
of the Property to its condition at the time this Easement was granted. In addition, it is
conclusively presumed that an action at law seeking a monetary remedy is an inadequate remedy
for any breach or violation, or any attempted breach or violation, of any term of this Easement.
5. Failure to enforce does not waive right to enforce. The failure of the
Grantee to enforce any term of this Easement shall not be deemed a waiver of the right to do so
thereafter, nor discharge nor relieve the Grantor from thereafter complying with any such term.
6. No third party right of enforcement. Nothing in this Easement shall create
any right in the public or any third party to maintain any suit or action against any parry hereto.
D. No buy-back option. The Grantor shall not have the option to reacquire any
property rights relinquished by this Easement.
E. Notice of proposed transfer or sale. The Grantor shall notify the Grantee in
writing at the time of closing on any 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 and shall state that this Easement is binding upon all successors in
interest in the Property in perpetuity.
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F. Relation to applicable laws. This Easement does not replace, abrogate or
otherwise supersede any federal, state or local laws applicable to the Property.
G. Reference to existin laws. aws. All references to existing laws shall include such laws
as they may be hereafter amended or recodified, whether they are referenced herein or not.
H. Severability. If any provision of this Easement is determined to be invalid by a
court of competent jurisdiction, the remainder of this Easement shall not be affected thereby.
I. Recordation. Upon execution by the parties, this Easement shall be recorded with
the record of land titles in the Clerk's Office of the Circuit Court of Albemarle County, Virginia.
J. Authority to convey easement. The Grantor covenants that they are vested with
good title to the Property and may convey this Easement.
K. Authority to accept easement. The Grantee is authorized to accept this Easement
pursuant to Virginia Code § 10.1-1701.
L. Transfer of easement by grantee. Neither the Grantee nor its successors and
assigns may convey or lease this Easement, whether or not for consideration, unless the
conveyance or lease is conditioned as follows: (1) the conveyance or lease instrument requires
that the conservation purposes that this Easement was originally intended to advance will
continue to be carried out, 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 26 C.F.R. § 1.170A-I4(c)(1)).
M. 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 § 10.1-1700 et seq. Restrictions set forth in this
Easement may be extinguished only by judicial proceeding and only if such extinguishment also
complies with the requirements of Virginia Code § 10.1-1704. In any sale or exchange of the
{#4835-7323-5995-2, 112857-00001-03) 13
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Page 15 of 22
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 values
applicable for purposes of the calculations required by this paragraph shall be the values finally
determined for purposes of any federal income tax deduction allowed with respect to the
conveyance of this Easement. 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 § 10.1-1704.
N. No warranty by grantee as to qualification for charitable gift. The Grantor and the
Grantee 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 Internal Revenue Service regulations (see 26 C.F.R. § 1.170A-13(c)(5)),
and that the appraisal is subject to review, audit and challenge by all appropriate tax authorities.
The Grantee makes no express or implied warranties regarding whether any tax benefits will be
available to the Grantor from this Easement, whether any such tax benefits might be transferable,
or whether there will be any market for any tax benefits that might be transferable. By its
execution hereof, Grantee acknowledges that Grantee has not provided any goods or services to
the Grantor in consideration of the grant of this Easement.
O. Counterparts. This Deed of Easement may be executed in one or more
counterpart copies, each of which, when executed and delivered shall be an original, but all of
which shall constitute one and the same Deed of Easement. Execution of this Deed of Easement
at different times and in different places by the parties hereto shall not affect the validity of the
Deed of Easement.
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P. Consent of trustee and beneficiary to subordinate lien. By deed of trust dated
June 28, 2013, of record in the Clerk's Office of the Circuit Court of Albemarle County, Virginia
in Deed Book 4382, page 670 and by substitution of trustee dated November 14, 2014, of record
in the aforesaid Clerk's Office immediately prior hereto, the Grantor conveyed the subject
Property to Ilyssa Clay, Substitute Trustee, to secure an outstanding obligation owed to PNC
Bank, National Association, as Beneficiary. Pursuant to the authorization of the Beneficiary, as
evidenced by its signature hereto, the Trustee joins in this deed to subordinate the lien of such
deed of trust to the easement conveyed hereby.
SIGNATURE PAGES FOLLOW
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WITNESS the following signatures and seals.
GRANTOR:
-1
Catherine Talley F,6glis% Tillack, Trustee of
the Catherine Talley English Tillack Revocable
Trust Agreement dated June 21, 2011
COMMONWEALTH OF VIRGINIA
CITY/CObWTY OF Chc-,f k7:,
The foregoing Deed of Easement was signed, sworn to and acknowledged before me this
Q40' day of 2014, by Catherine Talley English Tillack, Trustee of the
Catherine Talley English Tillack Revocable Trust Agreement dated June 21, 2011, Grantor.
No ary Public
My Commission Expires: 2-01 &
Notary Registration No. 215& 11 3
��OACK
�~ P�CGO�QPFO�'�
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Page 18 of 22
TRUSTEE:
I d r i
Ilyssa C layy Trustee
COMMONWEALTH OF VI INIA
CITY/COUNTY OF
h foregoing Deed of fasement was signed, sworn to and acknowledged before me this
day of --:NAk)0N M, 2014, by Ilyssa Clay, Trustee.
My Commission Expires: 10 � �l � a0l K Nota is
Notary Registration No. qwscfa J
[#4835-7323-5995-2, 112857-00001-03]
17
NOER 1%
lios
.91 '••••' NOrmy
? d PUBLIC : 0
WY CO P*i925 • ° tmn
EXPIRES ON Q
10/31/18 ��TH
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Page 19 of 22
BENEFICIARY:
PNC BANK, NATIONAL ASSOCIATION
r
By:
Name: Michele M. Hall
Title: Consumer Loan Officer
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF ALLEGHENY:
The foregoing Deed of Easement was signed, sworn to and acknowledged before me this
fourteenth day of November, 2014, by Michele M. Hall, as Consumer Loan Officer of PNC
Bank, National Association.
Notary Public
My Commission Expires: .5
COMMONWEALTH OF PENNSYLVANIA
Notary Registration No. Z1Z 6/414; D NOTARIAL SEAL
JOSEPH C RAINEY SR
Notary Public
ROBINSON TW'P, ALLEGHENY COUNTY
My Commission Expires May 14, 2017
1#4835-7323-5995-2, 112857-00001-03) 18
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Page 20 of 22
GRANTEE:
ALBEMARLE COUNTY PUBLIC
RECREATIONAL FACILITIES AUTHORITY
By: /�- 4S
HAnilton Moses III
Chairman
COMMONWEALTH O I IA
CITY/COUNTY OF —
The
The foregoee4 of Easement was signed, sworn to and acknowledged before me this
day of , 2014, by Hamilton Moses III, Chairman, on behalf of the
Albemarle County Public Recreational Facilities Authority, Grantee.
My Commission Expires:
Notary Registration No. �10�1
Approved as to form:
By: —2L04�014 �—•^
C C-Otyyomey
{#4835-7323-5995-2,112857-00001-03)
Notary Pu
19
McCALL `.,
COMM,My
SS►p
N
703
1103
ACTH 0 .•`
'000#00141110,
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Page 21 of 22
Attachment A
G
SPRING BRANCH LN
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Page 22 of 22
RECORDED IN CLERK'S OFFICE OF
ALBEMARLE ON
DECEMBER 9, 2014 at 148:52 PM
AS REQUIRED BY VA CODE §58.1-802
STATE: $0.0 LOCAL: $0.00
ALBEMAR CQ�NTY, VA
I DEBRA M. SH P, IT CLERK
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