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HomeMy WebLinkAboutSP202000013 Other - VOF Easement 2020-07-21Document prepared by: „ 532 LeClair Ryan 123 East Main Street 8" Floor Charlottesville, Virginia 22902 Tax Map 70, Parccl 39 Exempt under §§ 58.1-81 l(A)(3), 58.1-911(D) and 10.1-18113 DEED OF GIFT OF EASEMENT THIS DEED OF GIFT OF EASEMENT is made this _ day of December, 2003, by and among MARK E. WARREN AND JASMINE S. WARREN, husband and wife ("Grantors"), the VIRGINIA OUTDOORS FOUNDATION, an Agency of the COMMONWEALTH OF VIRGINIA ("Grantee"), whose address is 203 Governor Street, Suite 317, Richmond, Virginia 23219. WITNESSETH: WHEREAS, the Open Space Land Act of 1966 (§§10.1-1700 to 10.1-1705 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 to 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, historical, scientific, open -space and recreational lands of the Commonwealth; and, WHEREAS, the Grantors are the owners in fee simple of the real property hereinafter described (the "Property"), and desires the Property preserved as open -space land in the public interest. WHEREAS, the Property abuts Blue Ridge Farm, which is under open -space easement to the Grantee, and contributes in its undeveloped state to the open -space values of such land under easement; and, WHEREAS, the Property has extensive frontage on Plank Road (State Route 692) and contributes to the scenic, rural character of the area as viewed by the traveling public; and, WHEREAS, the Property lies along Dollins Creek, a tributary to the South Fork Rivanna Reservoir, a public water supply for the City of Charlottesville and County of Albemarle; and is part of the Chesapeake Bay watershed, and, WHEREAS, the Comprehensive Plan of the County of Albemarle designates the Property as Rural Areas; and, WHEREAS, the Planned Residential Development (PRD) zoning of the property currently permits a total of four single-family dwellings and fourteen apartment dwellings on the Property, and the Grantors wish hereby to restrict their rights to use and develop such dwellings to a total of three single-family residences and one apartment dwelling, as specified in paragraphs 3 and 7 below; and, WHEREAS, conveyance of this easement on the Property will further the Albemarle County Comprehensive Plan's Goal to "(P]romote the continuation of a viable agricultural and forestal industry and resource base" and that Goal's Strategy to "[A]ctively promote and support voluntary techniques... such as conservation easements...;" and, 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 grant and convey to the Grantee an open -space easement in gross over, and the right in perpetuity to restrict the use of, the Property, as more particularly described in Exhibit A hereto; 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 defined by section 170(h)(3) of the Internal Revenue Code of 1986, as amended, and the applicable Treasury Regulations promulgated thereunder. Restrictions are hereby imposed on uses of the Property pursuant to the public policies set forth above. The acts which the Grantors 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: 1. 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 which are visible from outside the Property is not permitted on or over the Property except to state the name and/or address of the owners, to advertise the sale or lease of the Property, to advertise the sale of goods or services produced incidentally to a permitted use of the Property or to provide notice necessary for the protection of the Property and for giving directions to visitors. No such sign shall exceed nine square feet in size. K 3• Division. Grantor retains the right to divide the Property along Kingsway Road as shown on the Plat. Grantor also retains the right to place one (1) apartment unit dwelling in the equestrian center area. Further division or subdivision of the Property in any manner is prohibited; however, boundary line adjustments with adjoining parcels of land are permitted and shall not be considered a division m the Property provided that the Grantee is notified in writing prior to the completion of any boundary line adjustment and one of the following conditions is met: (a) The entire adjacent parcel is subject to an open -space easement to the Grantee; or (b) The proposed boundary line adjustment is reviewed and approved by the Board of Trustees of the Grantee. 4. Manaeement of Forest. Management of forest resources, including commercial timber harvest, 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 in forestry activity is undertaken. The Grantors shall ialnotify the Grantee no later than thirty (30) days prior to the start of any material forest activity as well as within seven (7) days Of its completion. The primary objective of the forest stewardship plan shall be soil and water conservation. 5. Riparian Buffer. There shall be no plowing, disturbing activity conducted within thirty-five cultivation or similar earth - where feet of each bank of Dollies Creek where it runs through the Property. 6. radinlLplastingMining. Grading, blasting or earth removal shall not materially alter the topography of the Property except for dam construction to create private ponds or lakes, or as required in the construction of permitted buildings, connecting private roads, and utilities as described in Paragraph 7 herein. Generally accepted agricultural activities shall not constitute any such material alteration. Best Management Practices, in accordance with the Virginia Erosion and Sediment Control Law, shall be used to control erosion and protect water quality in the construction of permitted private roads. Notwithstanding the foregoing, no grading, blasting, or earth removal is permitted on the Property if it will materially diminish or impair the conservation values protected by this Easement. Mining on the Property is prohibited. 7• Buildinjzs and Structures. No permanent or temporary building or structure shall be built or maintained on the Property other than (i) the existing principal dwelling house, known as Bellevue, including the summer kitchen, (ii) the two existing 2-story frame dwellings known as The Hedges and Dell House, (iii) each of the presently - existing non-residential outbuildings located on the Property, including but not limited to the two cinder -block garages, farm office, poultry house, carriage barn, mule barn, hay barn, cinder -block dairy barn and shed, two 2-story frame bams, three I -story boarding stables and indoor riding ring, pump house, corn crib, 4 run-in sheds, water tower, green house, garden house, and the former slave house. Each of the structures permitted herein may be maintained, renovated, enlarged, relocated or razed and replaced, provided that, if 3 replaced, dwellings shall be replaced at their present approximate locations. New farm buildings or structures exceeding 4,500 square feet in ground area may not be constructed on the Property unless prior written approval for said building or structure is obtained in writing from Grantee, which approval shall not be unreasonably withheld. Grantee's approval shall be limited to consideration of the impact of the size, height and siting of the proposed structure on the conservation values of the Property. Private roads and utilities that serve permitted buildings or structures may be constructed. As noted in paragraph 3 above, Grantor retains the right to place one (1) apartment unit dwelling in the equestrian center area. 8. Industrial or Commercial Activities. Industrial or commercial activities other than the following are prohibited: (i) agriculture, viticulture, aquaculture, silviculture, horticulture and equine activities, (ii) temporary or seasonal outdoor activities which do not permanently alter the physical appearance of the Property, and which are consistent with the conservation values herein protected, (iii) activities which can be and in fact are conducted within permitted buildings without material alteration to the external appearance thereof. Temporary outdoor activities involving 100 or more people shall not exceed seven days in duration unless approved by the Grantee in advance in writing. 9. 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 permission from or reasonable notice to the owner or the owner's representative. The Grantor hereby grants to the Grantee the right to bring an action at law or in equity to enforce the conservation restrictions contained herein, specifically including the right to require restoration of the Property to a condition of compliance with the terms of this easement, to recover any damages arising from non-compliance, and to enjoin non- compliance by ex pare temporary 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 attorneys 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 and the Grantor hereby waives any defenses of waiver, estoppel or laches with respect to any failure to act by the Grantee. 10. Notification of Transfer. The Grantors shall notify the Grantee in writing within sixty (60) days following any transfer or sale of the Property or any part thereof. In any deed conveying all or any part of the Property, this easement shall be referenced by Deed Book and Page Number or other appropriate reference. 11. Extinguishment. The Grantors agree 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. If a subsequent unexpected change in the conditions surrounding the Property makes impossible or impractical the continued use of the 4 Property for the conservation purposes specified herein, the restrictions set forth in the easement can be extinguished only by judicial proceeding and only if such extinguishment also complies with the requirements of § 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 out above, 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 Grantee shall use all its share of the proceeds from the sale of such property in a manner consistent with the conservation purposes of this easement and of the Open -Space Land Act. 12. Parties to Easement. 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 terms "Grantors" and "Grantee" used herein shall include, respectively, the above -named Grantors and their personal representatives, heirs, 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. Although this easement in gross will benefit the public as described above, nothing herein shall be construed to convey to the public a right of access to or, use with respect to the Property. The Grantors hereby retain the 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 Income Tax Regulations § 1.170A- 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 regarding whether any tax benefits will be available to Grantor from 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 of its Executive Director hereto. This Deed of Gift of Easement may be executed in two or more counterparts. [SIGNATURESAPPEAR ON THE FOLLOWING COUNTERPART PAGES.] M [COUNTERPART SIGNATURE PAGE TO DEED OF GIFT OF EASEMENT] WITNESS the following signatures and seals. GRANTORS: Mark E. Warren Ck4 Ja ine S. Warren VIRGINIA % DOORS FOU iDATION By. Tamara A. Vance, ecutive irector COMMONWEALTH OF VIRGINIA, � CITWC OFCJ IQ �, TO WIT: 1, PH a Notary Public for the Commonwealth aforesaid, hereby certify that Mark E. Warren, Grantor, personally appeared before me this day and acknowledged the foregoing instrument. WITNESS my hand and official seal this / 3`- day _ofkGP�►rt E�2003. Publ(� My commission expires: �c_,30_=(SEAL) Notary COMMONWEALTH OF VIRGINIA, q CITY/e6�3f OF �/%� I% o�., pYn , TO WIT: 1, Ij 610-- Z- gr FC , a Notary Public for the Commonwealth aforesaid, hereby certify that Jasmine S. Warren, Grantor, personally appeared before me this day and acknowledged the foregoing instrument. WITNESS my hand and official sea] this _�� day ofJ0atpL 2003. — -•h4y commission expires: 4 :30.0sr AL) Notary Public COMMONWEALTH OF VIRG fCJf/COUNTY OF / TO WIT: •�/ �► , a Notary Public for the Commonwealth aforesaid, hereby certify that Tamara A. Vance, Executive Director of the Virginia Outdoors Foundation, personally appeared before me this day and acknowledged the foregoing instrument on behalf of the Virginia Outdoors Foundation. WITNESS my hand and official seal this 4 day o1, 2003. Notary Public My commission expires:. GY207SEAL) Exhibit A Property Description FIRST: All that certain tract or parcel of land situated in Albemarle County, Virginia, on the south side of State Route 692, containing 145.33 acres, more or less, and more particularly described on a plat of survey made by Wm. Morris Foster, Land Surveyor, entitled "145.33 Acres of Land -A Portion of Wavertree Hall Farm Samuel Miller Magisterial District Albemarle County, Virginia," dated June 5, 1987, and recorded in the Clerk's Office of the Circuit Court of Albemarle County, Virginia, in Deed Book 950, page 186 (the "Plat"); BEING a portion of the property conveyed to the Grantors herein by deed of Anathea Ashley -Schwartz dated January 7, 1998, recorded January 23, 1998 in the Clerk's Office of said County at Deed Book 1670, page 436. RECORDED IN CLERKS OFFICE OF ALBEMARLE ON December 17,2003 AT 2:04:49 PM $0.00 GRANTOR TAX PD AS REQUIRED BY VA CODE J58.1-802 STATE: $0.00 LOCAL: $0.00 ALBEMARLE COUNTY V 8 ' 11,�47 DC Albemarle County VA Shelby Marshall Clerk Circuit Court 501 E. Jefferson St. Charlottesville, VA 22902 Phone Number: (434)972-4083 DEEDS Receipt Official Receipt: 2003-00035488 Printed on 12/l7/2003 at 02 05.05 PM RECEIVED OF VA OUTDOORS FD Date Recorded: 12/17/2003 Instrument ID Recorded Time Amount Bk 2659 Pg 602 02:04.49 PM $0.00 Instrument:200300036059 DG- DEED OF GIFT GRANTOR:NARREN, MARK E. EX:N GRANTEE:VIRGINIA OUTDOORS FOUNDATION EX:N Addressl:203 DOVERNOR STREET Address2:SUITE 317 City/State/Zip:RICHMOND VA 23219 Description: Consideration:$0.00 Assumption:$0.00 Locality:CO Percent:100.00% Pages:8 Names:0 Accounts Amount 106- TECHNOLOGY TRUST FUND FEE $0.00 145- VSLF $0.00 212- TRANSFER FEES $0.00 301- DEEDS $0.00 Total Due: $0.00 Change Tendered: $0.00 Cashier:PATSY MINAHAN Reg:FEE02 Instrument Control Number 031532 M M Commonwealth of Virginia Land Record Instruments Cover Sheet - Form A [ILS VLR Cover Sheet Agent 1.0.83] Date of Instrument: [12/17/2003 ] Instrument Type: [DG Number of Parcels [ Number of Pages City ❑ County ❑ 1] 8] IIIIIII II III IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIII IIII Doc ID: 000611150009 Type: DEE Recorded: 12/17/2003 at 02:04:49 PM Fee Amt: $0.00 Pape 1 of 9 Albemarle County VA Shelby Marshall Clerk Circuit Court File# 2003-00031532 BK2659 po602-610 [Albemarle County I (Box for Dead Stamp only) - First and Second Grantors [Warren ] [Mark ] [E. ] [ ] [Warren ] [Jasmine ] [S. 1I 1 First and Second Grantees Last Name First Name L Middle Name or Initial Suffix [Virginia Outdoors Found ] [ [ l[ Grantee Address (Name) [Virginia Outdoors Foundation ] (Address 1) [203 Dovernor Street ] (Address 2) [Suite 317 j (City, state, zip) [Richmond ] [VA ] [23219 ] Consideration [0.00 ] Existing Debt [0.00 ] Assumption Balance [0.00 ] Prior Instr. Recorded at: City ❑ County© [Albemarle County ] Percent in this Juris. [ 1001 Book [ ] Page [ ] Instr. No [ ] Parcel Identification No (PIN) [ ] Tax Map Num. (if different than PIN) [07000-00-00-03900 ] Short Property Description [145.33 acres fronting on Rt. 692 ] Current Property Address (Address 1) [ (Address 2) [ ] (City, State, zip) [ ] ( 1 [ ] 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 1 [LeClair Ryan [Virginia Outdoors Founation [1010 Harris Street [Suite 4 [Charlottesville [ I