HomeMy WebLinkAboutSDP202200040 Easements 2022-06-06VIRGINIA LAND RECORD COVER SHEET
FORM A - COVER SHEET CONTENT
Instrument Date: 11/3/2016
Instrument Type: DE-PL
Number of Parcels:.. 4 Number of Pages: 35
[ ] City N County
ALBEMARLE
TAX EXEMPT? VIRGINIA/FEDERALLAW
[ ] Grantor:
[ ] Grantee:
Consideration: $1.00
Existing Debt: $0.00
Actual Value/Assumed: _ $0.00
PRIOR INSTRUMENT UNDER § 58.1-803(D):
Original Principal: $0.00
Fair Market Value Increase: $0.00
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I IIIIIII IIIIII III IIIII IIIII IIIII IIIII III�� �� ■II IIIII IIIII IIII IIII
Doc ID: 033443430036 Type. DEE
Recorded: 1,103/2016 at 03;3 PH
Fee Amt: $76.33 Pape 1 of
Albemarle County, VA77
Jon R. Zup Circuit Clerk
File# 2016-00012590
BK4835 PG668-705
Above Reserved For Deed Stamp Only)
Original Book Number. Original Page Number: Original Instrument Number:
Prior Recording At: [ ] City N County
ALBEMARLE Percentage In This Jurisdiction: 100%
BUSINESS / NAME
1 pQ Grantor: THE MILLER SCHOOL OF ALBEMARLE, INC.
[ ] Grantor:
1 N Grantee: LAND TRUST OF VIRGINIA
[ )Grantee: _...
GRANTEE ADDRESS
Name: LAND TRUST OF VIRGINIA
Address: 7260 RECTORS LANE
City; MARSHALL State: VA Zip Code:
Book Number: Page Number: Instrument Number:
Parcel Identification Number (PIN]: 72-32 Tax Map Number: 07200000003200
Short Property Description: KIRK HUGHES COMPOSITE SURVEY, DATED FEB.15, 1999
Current Property Address
City: CHARLOTTESVILLE State: VA
Instrument Prepared By: ZOBRIST LAW GROUP, PLLC Recording Paid By:
Recording Returned To: DUANE H. ZOBRIST, ZOBRIST LAW GROUP, PLLC
Address: P.O. BOX 4724
City; CHARLOTTESVILLE State: VA
20115
Zip Code: 22903
ZOBRIST LAW GROUP, PLLC
Zip Code: 22905
FORM CC-1570 Rev: 7/15 Page 1 of 3 Cover Sheet A
§§ 17.1-223,17.1-227.1,17.1-249
Copyright O 2014 Office of the Executive Secretary, Supreme Court of Virginia. All rights reserved.
VIRGINIA LAND RECORD COVER SHEET
FORM C - ADDITIONAL PARCELS
Instrument Date: 11/3/2016
Instrument Type: DE-PL
Number of Parcels: 4 Number of Pages: 35
[ ] City N County
ALBEMARLE_
PARCELS IDENTIFICATION OR TAX MAP
Prior Recording At: [ ] City D0 County
ALBEMARLE
Percentage In This Jurisdiction: 100%
Book Number: 856 Page Number: 559
Instrument Number:
Parcel Identification Number (PIN): 7232D
Tax Map Number: 072000000032DO
Short Property Description: KIRK HUGHES COMPOSITE SURVEY, DATED FEB.15, 1999
(Area Above Reserved For Deed Stamp Only)
Current Property Address: .,.,
City: CHARLOTTEVILLE State: VA Zip Code: 22903
Prior Recording At: [ ] City N County
ALBEMARLE
Percentage In This jurisdiction: 100%
Book Number: 1950 Page Number: 168
Instrument Number:
Parcel Identification Number (PIN): 72-32E
Tax Map Number: 072000000032EO
Short Property Description: KIRK HUGHES COMPOSITE SURVEY, DATED FES.15,1999
Current Property Address:
City: CHARLOTTESVILLE State: VA Zip Code: 22903
FORM CC-1570 Rev:10/14 Page 2 of 3 Cover Sheet C
§§ 17.1-223, 17.1-227.1, 17.1-249
Copyright 9 2014 Office ofthe Executive Secretary, Supreme Court of Virginia. All rights reserved.
VIRGINIA LAND RECORD COVER SHEET
FORM C -ADDITIONAL PARCELS
Instrument Date: 11/3/2016
Instrument Type: DE-PL
Number of Parcels: 4 Number of Pages: 35
[ ] City l)Q County
ALBEMARLE
PARCELS IDENTIFICATION OR TAX MAP
Prior Recording At: [ ] City pQ County
ALBEMARLE
Percentage In This jurisdiction: 100% -
Book Number: Page Number:
Instrument Number:
Parcel Identification Number (PIN): 86-20 _
Tax Map Number: 08600000002000
Short Property Description: KIRK HUGHES COMPOSITE SURVEY, DATED FEB.15, 1999
Current Property Address:
City: CHARLOTTESVILLE
Prior Recording At: [ ] City [ ] County
Percentage In This jurisdiction:
Book Number: Page Number:
Instrument Number:
Parcel Identification Number (PIN):
Tax Map Number:
Short Property Description:
Current Property Address:
City:
(Area Above Reserved For Deed Stamp Only)
State: VA Zip Code: 22903
State: Zip Code:
FORM CC-1570 Rev: 10/14 Page 3 of 3 Cover Sheet C
§§ 17.1-223,17.1-227.1,17.1-249
Copyright® 2014 Office of the Executive Secretary, Supreme Court of Virginia. All rights reserved.
Drafted by:
Duane H. Zobrist
Zobrist Law Group
P.O. Box 4724,
Charlottesville, VA 22905
VSB Number 47942
Please Return to:
Land Trust of Virginia
P.O. Box 14
Middleburg, Virginia 20118
Parcel Identification Numbers:
07200-00-00-03200 (a portion);
08600-00-00-02000;
07200-00-00-032D0; and
07200-00-00-032EO
This deed is exempt from taxation under Va. Code § 58.1-811(D).
DEED OF GIFT OF CONSERVATION EASEMENT
THIS DEED OF GIFT OF CONSERVATION EASEMENT (the "Easement") is made this
3, day of November, 2016, between THE MILLER SCHOOL OF ALBEMARLE, INC., a
Virginia non -stock corporation (the "Grantor"), whose mailing address is 1000 Samuel Miller
Loop, Charlottesville, VA 22903, and the LAND TRUST OF VIRGINIA, INC., a Virginia non -
stock corporation (the "Grantee"), whose mailing address is P. O. Box 14, Middleburg, Virginia
20118. All references to Grantor and Grantee herein shall include their respective Successors.
WITNESSETH:
DEFINITIONS
The following terms, for the purposes of this Easement, are defined as follows:
(a) Agricultural: Pertaining to Agriculture.
(b) A¢riculture: The following uses: agronomy, aquaculture, forestry, honey production,
silviculture (including the harvesting of timber), Viticulture (but not Viniculture),
horticulture, floriculture, animal husbandry, and equine and equestrian activities. The term
"Agriculture" as used herein does not include activities that are expressly restricted by the
Easement.
(c) Baseline Documentation Report: Baseline Documentation Report dated November 3, 2016
and further described in Article IV, Prepared and executed by Grantee and Grantor.
(d) Buffer Strip: A vegetated area adjacent to "Covered Waters" (defined herein) or "Wetlands"
(defined herein).
(e) Building: An assembly of materials having one or more stories and roof, designed primarily
for the shelter, support, or closure of persons, animals, or property of any kind.
(i) Accessory Building: A Building commonly and appropriately incidental to a
Dwelling, and sized appropriately to serve as an amenity to said Dwelling,
including but not limited to a garage and storage shed.
(ii) Dwelling: A Building intended to be used for living that contains cooking,
sleeping, and bathing facilities, including a duplex or similar multi -family
dwelling. A "Dormitory" (defined hereafter) is not a Dwelling.
(iii) Dormitory: A residence of unrelated persons that share common cooking, eating,
and sanitation facilities.
(iv) Farm Building: A Building used for Agriculture.
(v) Educational Buildings and Structures: Buildings and Structures used in
connection with educational purposes of The Miller School of Albemarle such as
classrooms (including any shop or facility designed or used to instruct students in
a craft or vocation), recreational buildings, storage facilities, areas for
congregation, and Dormitories. The parties acknowledge and agree that The Miller
School of Albemarle's educational tradition includes education in trades and
manufacturing, and as such Educational Buildings and Structures may include
training with respect too basic Agricultural and industrial equipment.
(vi) Equestrian Facility: Equestrian Buildings or Structures whose use is connected
with the educational purposes of the Miller School of Albemarle, which Buildings
or Structures may include barns, indoor or outdoor riding rings, paddocks, water
facilities, sheds, silos, jumps, equipment storage facilities, and other Buildings or
Structures usual and customary to support such use.
(vii) Gate House and Gate House Structures: A Building located proximate
to the intersection of a public right-of-way and one of the Property's interior
Roads. Structures associated with the Gate House include gates, barricades,
fences, signs, lighting posts, posts installed for security devices, and any traffic
control or security Structure, device, or apparatus.
(viii) Lake House and Lake Structures: A Lake House is a covered dock used
for storing water craft, water -related accessories, and other equipment necessary for
recreational or educational use of the Lake. Lake Structures include piers, docks,
floats, buoys, dam structures, dry hydrants, mechanical systems, and other similar
Structures required to maintain the Lake.
(ix) Communication Structure: A Structure built or used to provide state of the art
communications to the Property, for educational or other purposes.
(f) Campus Area Building Envelope: The approximately 98.5-acre campus of The Miller
School of Albemarle, identified on the Plat as the "Campus Area Building Envelope".
(g) Comprehensive Plan: The Albemarle County Comprehensive Plan dated June 10, 2015.
(h) Conservation Purposes: To retain, preserve, and protect the Conservation Values in the
public interest, in perpetuity, by imposing the Restrictions and the Terns and Conditions and
providing for their enforcement while allowing the Property to be used by Grantor to the
extent that such use is not inconsistent with, and does not adversely affect, conflict with,
diminish, impair, or interfere with the Conservation Values. Grantee agrees and acknowledges
that the maintenance of existing Buildings, Structures and Energy Structures, and the
construction of new Buildings, Structures and Energy Structures described in this Easement
is not inconsistent with, does not adversely affect, conflict with, diminish, impair, or interfere
with the Conservation Values.
(i) Conservation Values: The Property's Agricultural, forestal, scenic, watershed preservation,
and natural values, and the Property's value as open -space land preserved for open -space and
rural uses, as referenced in IRC § 170(h)(4)(A)(iii), Treas. Reg. § 1. 1 70A- I 4(d)(4), Va. Code
§ 10.1-1009, and Va. Code § 58.1-512, as the same are more particularly described in the
Recitals, and as further documented in the Baseline Documentation Report.
(j) County: Albemarle County, Virginia.
(k) Covered Waters: Any perennial stream, river, and any Lake, pond, or other body of water
with perennial outflow, as shown on the Plat attached hereto.
(1) Dwelling Envelope: The approximately 8.5-acre area of the Property identified on the Plat
as the "Dwelling Envelope".
(m) Energy Structure: Energy generating structures or equipment used to harness natural
renewable energy sources, such as sunlight, wind, water, or biomass.
(n) Grantee: Land Trust of Virginia, Inc. and any and all Successor holders of this Easement.
(o) Grantor: The Miller School of Albemarle, Inc. and any and all Successors in title to the
Property.
(p) Ground Area: For Buildings, Ground Area shall mean the square footage of the footprint of
the Building, inclusive of any and all portions of the Building that are under roof, as measured
at the exterior of the foundation, such as the base of perimeter walls of the Building, or the
base as defined by corner posts or piers. For Structures and Energy Structures, Ground Area
shall mean any above -ground footprint that is impermeable. Ground Area shall exclude area
associated with Roads, trails, recreational fields, uncovered outdoor parking facilities, and any
area covered by aggregate, pervious pavers or any other uncovered surface treatment designed
to pass water.
(q) Historic Buildings: The Main Building, the Mechanical Arts Building, the Superintendent's
House of The Miller School of Albemarle.
(r) IRC: The Internal Revenue Code, Title 26 of the United States Code.
(s) Lake: An approximately 9.7-acre lake on the Property shown on the Plat.
(t) Miller Branch: The Lake's single perennial inflow and single perennial outflow stream which
flows approximately 1.25 miles through the Property.
(u) The Miller School of Albemarle: The educational institution operated on the Property by, as
of the date of this Easement, The Miller School of Albemarle, Inc., a Virginia corporation.
(v) Parking Area: An outdoor area used for parking vehicles.
(w) Plats : The plat(s) attached to this Easement.
(x) Prior Written Approval: Grantee's approval required pursuant to Section 5.7.1.
(y) Property: Certain real property, consisting of 637.4 acres, more or less, situated at 1000
Samuel Miller Loop in the Samuel Miller Magisterial District, Albemarle County, Virginia.
The Property is identified as PINs 08600-00-00-02000, 07200-00-00-032D0, 07200-00-00-
032E0, and a portion of PIN 07200-00-00-03200 among the tax records of the County, and a
legal description of the Property is provided on Plat #1, incorporated in this Easement by this
reference.
(z) Road: A private way specifically designated or built on the Property for the movement of
vehicles.
(aa) Restrictions: The Restrictions set forth in Article lI of this Easement.
(bb) Structure: An assembly of materials forming a construction other than Buildings, Roads,
and Utilities, including, but not limited to platforms, stages, observation towers, water tanks,
trestles, piers, open sheds, coal bins, pipelines, energy generators, and railroad tracks, but
excluding fencing, mailboxes, gate posts, permitted signs, decks, swimming pools, and patios.
(cc) Successors: Successors and assigns.
(dd) Temporary Buildings and Structures: A temporary Building or Structure required
because of a casualty loss of an existing or otherwise permitted Building or Structure, shall
have no foundation or permanent utility service, and may be erected and used for a period no
greater than the time required to repair or rebuild the Building or Structure damaged by
l0
casualty. Other temporary Buildings or Structures which have no foundation or permanent
utility service may be erected and used for a period of less than one month.
(ee) Terms and Conditions: The purposes, documentation, duties, covenants, terms, and
conditions set forth in this Easement.
(ff) Utilities: Infrastructure facilities or Structures necessary and required for the modern and
intended use of a Building or Structure. Utilities include all facilities, Structures, conduits,
and apparatuses required to: transmit energy in any form, provide water, process manage, and
remove sanitary effluent, exhaust gases, and transmit and receive telecommunication signals
from any source. This definition of Utilities shall be construed to contemplate and include
future or other developments in technology which will be desirous for the contemporary
functionality of any permitted Building or Structure.
(gg) Viniculture: The process or business of making and selling wine.
(hh) Virginia Act: The Virginia Conservation Easement Act, Chapter 10.1, Title 10.1 of the
Code of Virginia of 1950, as amended.
(ii) Viticulture: The cultivation of grapes and grapevines.
(jj) Wayside Stand: Any temporary Building or Structure such as a roadside stand, wayside
market, or farmers market used for the sale of Agricultural products produced entirety from
crops grown or livestock raised on the Property or hand-crafted merchandise produced on the
Property by the Miller School of Albemarle.
(kk) Wetland: Any area marked as wetlands on County, state or federal maps, and any lands
with characteristic hydric soils that are saturated or inundated by surface or ground water at
a frequency or duration sufficient to support, and that under normal conditions do support, a
prevalence of vegetation typically adapted for life in saturated soil conditions, or any land
below an identifiable debris line left by watcr action.
RECITALS
R-1 The Grantor is the owner in fee simple of the Property.
R-2 The Virginia Act provides for the conveyance of a conservation easement to a
charitable corporation declared exempt from taxation pursuant to 26 U.S.C. § 501(c)(3), when the
primary purposes or powers of such corporation include "(i) retaining or protecting the natural or
open -space values of real property; (ii) assuring the availability of real property for agricultural,
forestal, recreational or open space use; (iii) protecting natural resources; (iv) maintaining or
embracing air or water quality; or (v) preserving the historic architectural or archaeological aspects
of real property."
R-3 The Internal Revenue Code § 170(h)(4) defines a conservation purpose as "(i) the
preservation of land areas for outdoor recreation by, or the education of, the general public, (ii) the
protection of a relatively natural habitat of fish, wildlife, or plants, or similar ecosystem, (iii) the
preservation of open space (including farmland and forest land) where such preservation is (I) for
the scenic enjoyment of the general public, or (II) pursuant to a clearly delineated Federal, State,
or local governmental conservation policy, and will yield a significant public benefit, or (iv) the
preservation of a historically important land area or certified historic structure."
R4 The Grantee is a charitable organization exempt from taxation pursuant to 26
U.S.C. § 501(c)(3), and a "qualified organization" and an "eligible donee" under IRC § 501(c)(3),
and the Treasury Regulations adopted pursuant thereto, and specifically Tres. Reg. § 1. 1 70A-
14(c)(1), with purposes including those specified in the Virginia Act; has maintained a principal
office in the Commonwealth of Virginia for at least five years; and is willing to accept a perpetual
open space conservation easement over the Property as set forth herein.
R 5 This Easement is intended to constitute (i) a Conservation Easement under Chapter
10.1 of the Virginia Act; (ii) a "qualified conservation contribution" as defined in IRC § 170(h)(1)
and as more particularly explained below; and (iii) a qualifying "interest in land" under the
Virginia Land Conservation Incentives Act of 1999 (Va. Code §§ 58.1-510 et seq.).
R-6 This Easement is intended to be a grant "exclusively for conservation purposes"
under IRC § 170(h)(1)(C) because it effects "the preservation of open space (including farmland
and forest land)" under IRC § 170(h)(4)(A)(iii). The preservation of open space on the Property is
pursuant to clearly delineated state governmental conservation policies, for the scenic enjoyment
of the general public, and will yield a significant public benefit.
R-7 The Property consists of 637.4 acres, more or less, of open fields, forested lands,
streams, waterbodies, and Wetlands.
R-8 The Property is situated 11.5 miles west-southwest of Charlottesville, Virginia in
an agricultural and rural area of the County.
R-9 The Property is designated as "Rural Area" on the Generalized Land Use Plan map
of the County, found at page 7.7 in the Comprehensive Plan.
R-10 The Property is located on and is visible from Miller School Road (State Route
635), Pounding Creek Road (State Route 689), and Dick Woods Road (State Route 637).
R-11 The Restrictions of this Easement protect the scenic views and the scenic enjoyment
of the general public by restricting Buildings and limiting subdivision, and they fiuther a public
purpose of the County evidenced in the County's Comprehensive Plan.
R-12 The Property is in the watershed of Mechums River, the Rivanna River, and the
James River, which are state -designated scenic rivers and public water supply sources and within
the Chesapeake Bay watershed.
R-13 The Property contains approximately 435 acres of soils defined by the United States
Department of Agriculture's Natural Resources Conservation Service as being either "Prime
Farmland" or "Farmland of Statewide Importance."
R-14 The Property contains the Lake, whose single inflow and single outflow is Miller
Branch, which is designated as a perennial stream on the United States Geological Survey 7.5
minute quadrangle map for Crozet, Virginia, and which flows approximately 1.25 miles through
the Property.
R-15 The Property is the site for the school campus and complex of buildings known as
"The Miller School of Albemarle". which is listed on the Virginia Landmarks Register as of April
17, 1973, Department of Historic Resources Reference Number 002-0174, and listed on the
National Register of Historic Places with the United States Department of the Interior, National
Park Service as of February 15, 1974, Reference Number 74002102.
R-16 The Property is the site for certified historic structures (herein "Historic
Buildings"), specifically the "Main Building", the "Mechanical Arts Building", and the
"Superintendent's House".
R-17 Grantor and Grantee agree that the use of the Property as a boarding school is
consistent with the Conservation Values articulated in this Easement.
R-18 The Board of Trustees of the Miller School of Albemarle, Inc. has also voted to
enter into the Easement and to bind the Miller School of Albemarle, Inc. to the Restrictions and
the Terms and Conditions of this Easement.
R-19 The conveyance of a conservation easement on the Property by this Easement is in
furtherance of and will serve clearly delineated federal, regional, state and local conservation
policies, as set forth in:
Va. Const. art. XI, § 1, which states that it is the Commonwealth's policy to protect its
atmosphere, lands, and waters from pollution, impairment, or destruction, for the benefit,
enjoyment, and general welfare of the people of the Commonwealth.
The Virginia Act, which provides for the conveyance of conservation easements in
perpetuity to a private charitable organization such as Grantee for the purposes noted
above.
The United States Farmland Protection Policy Act, 7 U.S.C. § 4201, the purpose of which
is to "minimize the extent to which Federal programs and policies contribute to the
unnecessary and irreversible conversion of farmland to nonagricultural uses and to assure
that Federal programs are administered in a manner that, to the extent practicable, will be
compatible with State, unit of local government and private programs and policies to
protect farmland."
Va. Code §§ 10.1-1800 et seq., which declares it to be the public policy of the
Commonwealth to encourage the preservation of open space land and which establishes an
Open Space Land Preservation Trust Fund enabling a foundation and regional advisory
boards to provide grants to assist persons conveying conservation easements.
7
The Virginia Land Conservation Incentives Act of 1999 (Va. Code §§ 58.1-510 - 58.1-
513), which provides an income tax credit for donors of interests in land for conservation
purposes to encourage the preservation and sustainability of Virginia's unique natural
resources, wildlife habitats, open spaces, and forested resources.
The Scenic Rivers Act (Va. Code §§ 10.1-400 et seq.), which designates Mechums River,
the Rivanna River, and the James River, public water supplies, as scenic rivers and provides
for the administration of the scenic rivers "to preserve and protect its nature, beauty ... and
to encourage the continuance of existing agricultural, horticultural, forestry and open space
land and water uses."
R-20 Conservation of the Property will promote the public policies of the County, as
delineated in its Comprehensive Plan, by protecting open -space, scenic views, agricultural land,
forest land, and historic resources, and by implementing the County's goals, objectives, and
strategies:
i) to "protect and enhance scenic resources for residents and tourists" by continuing to
"promote voluntary measures to protect scenic resources," which "include:
[conservation] easements," "which are intended to preserve open space" (at 5.13);
ii) to "[s]upport a strong agricultural and forestal economy" by continuing "to promote
use of... conservation easements ... to help preserve agricultural and forestal soils
and to increase the acreage of productive soils for agriculture and forestry" (at 7.9 -
7.10);
iii) to "[p]rotect and preserve natural resources, which include mountains, hills, valleys,
rivers, streams, groundwater, and retain continuous and unfragmented land for
agriculture, forestry, biodiversity, and natural resource protection," and to
"[p]rovide information to property owners in the Rural Area on alternatives to
subdividing their land, including donating conservation easements and use value
taxation" (at 7.16, 7.18);
iv) to "[p]rotect and preserve natural resources, which include mountains, hills, valleys,
rivers, streams, groundwater, and retain continuous and unfragmented land for
agriculture, forestry, biodiversity, and natural resource protection" by continuing
"to promote conservation easements to provide a financially attractive way for
landowners to protect family farms in Albemarle County and their unique open
space resources" (at 7.16, 7.20);
v) to "[p]rotect and preserve natural resources, which include mountains, hills, valleys,
rivers, streams, groundwater, and retain continuous and unfragmented land for
agriculture, forestry, biodiversity, and natural resource protection" by encouraging
"connectivity of conservation land wherever feasible." "When subdivision occurs in
the form of a Rural Preservation Development, opportunities may exist to locate the
preservation tract adjacent to other conservation easements, thereby making larger
blocks of connected land. When setting priorities among conservation projects, the
County should place particular value on sites adjacent to other protected land"
8
(at 7.16, 7.27);
vi) to "[prrovide information to citizens so they are well-informed and understand the
cultural, economic, and ecological aspects of the Rural Area" and to "[i]nform
existing property owners, realtors, and prospective property owners in the Rural
Area that the Rural Area is not intended for residential development. Instead,
emphasis is placed on stewardship of the land, retaining agricultural and forestal
activities, protecting natural resources and maintaining unfragmented land to
protect biodiversity" and as such, "[s]taff should promote conservation casements"
(at 7.34 - 7.35); and
vii) to [c]omplete the greenway trail system and provide access to blueways" and
"[continue] to demonstrate the benefits and values of greenways to individual
landowners whose land, or parts thereof, could be made a part of the greenway
system through donation of the land or an easement." "Landowners can provide
greenway land through a variety of voluntary methods. The most common way is a
conservation easement" (at 11.12, 11.20).
R-21 Pursuant to the requirement of Va. Code § 10.1-1010, this Easement, and the
limitations and obligations created by this Easement with the Restrictions and the Terms and
Conditions, conform in all respects to the Comprehensive Plan,
R 22 The Property possesses significant Conservation Values. The Conservation Values
are described in this Easement in the Definitions and Recitals, as well as in the Baseline
Documentation Report. The Baseline Documentation Report is incorporated herein by this
reference, was signed by the Grantor and Grantee, and is to be maintained on file in the offices of
the Grantee. The Baseline Documentation Report is intended to serve as an accurate and objective,
though nonexclusive, information baseline for monitoring compliance with the Restrictions and
the Terms and Conditions.
R-23 The retention, preservation, and protection of the Conservation Values will provide
a significant and substantial benefit to the citizens of the Commonwealth, the County, and the
public.
R-24 The Grantor and Grantee intend that the Conservation Values be retained,
preserved, and protected in perpetuity by restricting the activities or uses on, or development of
the Property as set forth in Article II herein, by permitting only those activities or uses on, or
development of the Property that will not be inconsistent with, and will not adversely affect,
conflict with, diminish, impair, or interfere with the Conservation Values.
R-25 The Grantor further intends to grant and convey to Grantee, in perpetuity, the rights
(1) to retain, preserve, and protect the Conservation Values through the imposition of the
Restrictions and the Terms and Conditions, and (2) to enforce such Restrictions and Terms and
Conditions.
R-26 The Grantee intends, and agrees, to accept such conveyance and to protect the
Conservation Values.
0
R-27 The Grantor and Grantee agree that the Restrictions and the Terms and Conditions
will retain, preserve and protect in perpetuity the Conservation Values of the Property by limiting
use of the Property to those uses that are not inconsistent with, and do not adversely affect, conflict
with, diminish, impair, or interfere with the Conservation Values.
R-28 The Grantee's Board of Directors approved the Easement at its meeting on August,
31 2016.
NOW, THEREFORE, in consideration of the foregoing and of the mutual covenants set
forth herein, and the acceptance of this conveyance by the Grantee, and for no monetary
consideration from Grantee to Grantor, the Grantor does hereby give, grant, and convey to the
Grantee a conservation easement in gross over, and the right in perpetuity to restrict the activities,
uses on, or development of, the Property. Even if the Property consists of more than one parcel for
real estate tax or for any other legal purpose, it shall be considered one parcel for the purposes of
this Easement, and the Restrictions and Terms and Conditions of this Easement shall apply to the
Property as a whole.
ARTICLE I
PURPOSE AND DEFINITIONS
1.1 PURPOSE. The purpose of this Easement is to retain, preserve, and protect the
Conservation Values of the Property in the public interest, in perpetuity, by imposing the
Restrictions on the activities on, and uses and development of the Property set forth in Article II,
and by providing for their enforcement in Article III, while allowing the Property to be used by
the owner to the extent that such uses do not conflict with, interfere with or significantly impair
the Conservation Values of the Property, (herein the "Conservation Purpose."). By doing so, the
Grantor and Grantee have the common purpose of preventing, through the enforcement powers
granted to the Grantee, any activities on, uses, or development of the Property that will adversely
affect, be inconsistent with, conflict with, diminish, impair, or interfere with the Conservation
Values of the Property.
1.2 INCORPORATION OF RECITALS. The Recitals in this Easement are incorporated
herein and each Recital constitutes an integral part of this Easement.
ARTICLE II
Restrictions are imposed on uses of the Property pursuant to the public policies described
in the Recitals to protect the Conservation Values. Any use of the Property inconsistent with the
Conservation Purposes is prohibited. Any use permitted by the provisions of the Easement shall
be undertaken only in a manner that is consistent with the Conservation Purposes. Without limiting
the generality of the foregoing, the acts which Grantor covenants to do or not do upon the Property,
and the Restrictions that Grantee is entitled to enforce, are and shall be as follows:
10
2.1. NO SUBDIVISION. Separate conveyance of a portion of the Property or division or
subdivision of the Property is prohibited. The Property may not be sold or conveyed except in its
entirety. The acquisition of a de minimis portion of the Property adjacent to Miller School Road
(State Route 635), Pounding Creek Road (State Route 689), or Dick Woods Road (State Route
637) for minor road improvements (not including the addition of new travel lanes) shall not be
considered a division or subdivision of the Property.
2.2 BOUNDARY LINE ADJUSTMENTS. Boundary line adjustments of the Property with
adjoining parcels of land are permitted, upon the Prior Written Approval of Grantee, and shall not
be considered a prohibited division, subdivision or separate conveyance of the Property or a
portion thereof, provided that the entire adjacent parcel is, or becomes prior to the proposed
boundary line adjustment conveyance, subject to a recorded conservation or open space easement
held by Grantee or, with Grantee's Prior Written Approval, another qualified holder under either
the Virginia Conservation Easement Act or the Virginia Open Space Easement Act. Boundary
line adjustments which meet these conditions shall also fulfill all of the requirements of the
following subsections.
2.2.1 Deed of Boundary Line Adiustment: Grantee shall be made a party to any deed
of boundary line adjustment.
2.2.2 Amendment of Easement: This Easement shall be amended to subject any newly
acquired land by boundary adjustment, not already subject to a recorded conservation or open
space easement held by a qualified holder under either the Virginia Conservation Easement Act or
the Virginia Open -space Land Act, to the terms and conditions of this Easement at transfer. Any
land transfer by Grantor by boundary adjustment shall, at transfer, remain subject to this Easement.
2.2.3 No Reduction in Restrictions: A boundary line adjustment shall not result in the
granting of any rights or the release of any Restrictions on any parcels of land whose boundaries
are adjusted.
2.2A Protection of Conservation Values: The boundary line adjustment shall not
adversely affect, be inconsistent with or conflict with, diminish, impair or interfere with the
Conservation Values protected by this Easement, or protected by any easement encumbering the
other parcel(s) which are party to such boundary line adjustment.
2.2.5 No Restriction on Conveyance: Nothing in Sections 2.1 or 2.2 shall restrict the
sale, gift, or transfer of the Property as a whole subject to this Easement.
2.3 BUILDINGS AND STRUCTURES OUTSIDE OF THE CAMPUS AREA
BUILDING ENVELOPE. The following restrictions apply to Buildings and Structures outside
of the Campus Area Building Envelope.
2.3.1 Permitted Buildings and Structures: No Buildings or Structures, whether
permanent or temporary, shall be built or maintained on the part of the Property outside of the
Campus Area Building Envelope other than as follows:
2.3.1.1 Dwellings: Eight Dwellings, of which four exist on the date of the
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Easement on the part of the Property outside the Campus Area Building Envelope. Such
Dwellings shall not exceed 2,500 square feet in Ground Area per Dwelling without
Grantee's Prior Written Approval. Any new Dwellings constructed outside the Campus
Area Building Envelope must be located within the Dwelling Envelope, as shown on the
attached plat. Prior to construction of any new Dwelling, Grantor shall provide to Grantee
a surveyor's certification that the new Dwelling is located within the Dwelling Envelope.
The height of any Dwelling shall not be more than thirty-five (35) feet, as measured from
final grade to the ridge of the roof of the Building, without Grantee's Prior Written
Approval.
2.3.1.2 Accessory Buildings: Accessory Buildings may be built in the Dwelling
Envelope, and in the vicinity of Dwellings that exist on the date of this Easement that are
located outside of the Dwelling Envelope.
23.1.3 Farm Buildings: Farm Buildings may be built on the Property, but shall
not be constructed outside of the designated Farm Building Envelopes, as shown on the
attached Plat, unless Prior Written Approval is obtained from the Grantee.
Notwithstanding the foregoing, Buildings used for Agricultural activities related to the
educational purposes of the Miller School of Albemarle shall be considered to be
Educational Buildings and Structures subject to Section 2.3.1.4 and may be constructed
outside the Farm Building Envelopes, provided such construction conforms with all other
provisions of this Easement.
2.3.1A Educational Buildings and Structures: Educational Buildings and
Structures are permitted, provided that no such Educational Building or Structure may be
constructed within the viewshed of a public right-of-way, and no Educational Building or
Structure exceeding 10,000 square of Ground Area may be constructed outside the Campus
Area Building Envelope without Grantee's Prior Written Approval.
23.1.5 Equestrian Facilities: Equestrian Facilities are permitted, provided that
such Equestrian Facilities shall not be constructed within 500 feet of the centerline of State
Routes 635, 637, or 689. Further, clearing and siting of any indoor riding ring shall be
executed such that the indoor riding ring will not be visible from the public right of way
with foliage present, and shall not exceed 30,000 square feet of Ground Area without
Grantee's Prior Written Approval of the location. So long as the primary purpose of an
Equestrian Facility is educational, nothing herein shall prohibit the use of part of any
Equestrian Facility for residential purposes.
23.1.6 Lake House and Lake Structures: One Lake House is permitted, provided
it must adjoin the Lake (within 300 feet of the access road shown on the attached plat), and
shall not exceed 10,000 square feet of Ground Area, and shall not be visible from a public
right-of-way without Prior Written Approval of Grantee. Lake Structures, as defined in
Definition e(viii) above, are permitted on the Lake. With the exception of the Lake House,
no Building is permitted within any Buffer Strip or Wetlands.
2.3.1.7 Gate Houses and Gate House Structures: No more than two (2) Gate
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Houses may be constructed or maintained on the Property, and neither such Gate House
shall exceed 750 square feet in Ground Area without Grantee's Prior Written Approval.
Gate House Structures associated with the use of permitted Gate Houses are also permitted.
The permitted Gate Houses and associated Gate House Structures may be placed anywhere
on the Property. So long as the primary purpose of a Gate House is to greet visitors, secure
the premises, or is otherwise associated with The Miller School of Albemarle, nothing
herein shall prohibit the use of part of any Gate House for residential purposes.
2.3.1.8 Wayside Stands: Grantor reserves the right to construct and maintain
temporary Wayside Stands, provided no such Wayside Stand shall exceed 2,000 square
feet in Ground Area without Grantee's Prior Written Approval.
23.1.9 Existing Buildings and Structures: Buildings and Structures that exist at
the time of this Easement's recordation are permitted and may be maintained, rebuilt, or
replaced. Any such existing Building or Structure that is rebuilt or replaced shall be rebuilt
or replaced in the same location. Relocation of any existing Building or Structure requires
the Grantee's Prior Written Approval.
2.3.1.10 Temporary Buildings: Temporary Buildings are permitted.
23.1.11 Cemetery: A cemetery, which exists on the Property at the time of the
recordation of this Easement, is permitted, along with Buildings and Structures typically
associated with a cemetery. Such Buildings and Structures may not exceed an aggregate
total of 2,000 square feet without Prior Written Approval of Grantee, and must be located
within the Cemetery Building Envelope shown on the attached plat, unless Prior Written
Approval is obtained from Grantee. Grantor has sole discretion as to the utilization of the
cemetery.
2.3.1.12 Utilities: Utilities designed to serve permitted Buildings and Structures
are permitted.
23.1.13 Other Structures: Other Structures associated with the permitted
activities under this Easement may be built or maintained only with Prior Written Approval
of Grantee.
2.3.2 Additional Restrictions: The following additional restrictions apply to all
Buildings and Structures on the part of the Property outside of the Campus Area Building
Envelope.
2.3.2.1 Building Envelopes: Unless otherwise noted herein, all new Buildings and
Structures constructed on the Property, relocated, or replaced, and any portion thereof,
must be located in the Building Envelopes or Cemetery Envelope marked on the attached
Plat as the "Building Envelopes" unless Prior Written Approval shall have been obtained
from the Grantee. Prior to construction of any new Buildings or Structures, Grantor shall
survey the area to ensure said Building or Structure is located within a permitted Building
Envelope. A copy of each survey or engineer's certificate shall be provided to Grantee.
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2.3.2.2 Prior Notice: Grantor must give Grantee written notice, pursuant to
Section 5.6, before beginning construction, replacement, relocation, or enlargement of any
Building on the part of the Property outside of the Campus Area Building Envelope.
2.3.2.3 Exemptions: The Restrictions listed in Section 2.3.1 and its subparts shall
not prohibit construction on the Property of fencing, stone walls, permitted signs,
mailboxes, gate posts, culverts, bridges, wildlife observation structures, boardwalks, piers,
docks, floats, buoys, dam structures, dry hydrants, mechanical systems required to maintain
the Lake, gates, barricades, lighting posts, posts installed for security devices, traffic
control structures, security structures, feeding and watering troughs, or small run-in sheds
for horses or other animals that are consistent with generally accepted Agricultural, animal
husbandry, or equine practices, all of which are expressly allowed without restriction
subject to any additional Restrictions and Terms and Conditions; provided, no more than
eight (8) run-in sheds, each of which shall not be larger than 288 square feet in size, may
be constructed anywhere on the Property except that no such run-in sheds shall be
constructed within 200 feet of the centerlines of State Routes 635, 689, and 637 or within
the Buffer Strips or Wetlands.
23.2.4 Building and Structure Height: The height of any Building shall not be
more than thirty-five (35) feet, as measured from final grade to the ridge of the roof of the
Building, and the height of any Structure shall not be more than thirty-five (35) feet, as
measured from final grade to the highest point of the Structure unless Prior Written
Approval shall have been obtained from Grantee. Notwithstanding the height limitations
above, Equestrian Facilities may be constructed with a maximum height of 45 feet, and
Communications Structures may be constructed with a maximum height of 100 feet, and
these height limitations for Equestrian Facilities and Communications Structures shall not
be exceeded without Prior Written Approval of Grantee.
2.3.2.5 Lighting: Exterior lighting for security purposes is permitted, including,
without limitation, lighting comporting with written law enforcement recommendations for
Roads, Buildings, parking lots, trails, entrances, Structures, and other areas as reasonably
desired for security or safety purposes. Exterior lighting associated with recreational
activities is also permitted, such as illumination of sports fields and scoreboard lighting.
Except as otherwise recommended in writing by local law enforcement, all other exterior
lighting shall be limited to fully horizontally -shielded lighting fixtures, and the light
element (lamp or globe) of such fixtures shall not extend below the cut off shield. Non-
conforming lighting existing at the time of the recordation is permitted, but if upgraded or
replaced shall conform with this requirement.
23.2.6 Aggregate Ground Area: The aggregate Ground Area of all Buildings,
Structures, and Energy Structures on the part of the Property outside of the Campus Area
Building Envelope shall not exceed 150,000 square feet without Grantee's Prior Written
Approval. For purposes of calculating aggregate Ground Area, all Buildings, Structures,
and Energy Structures, including those existing at the time of easement donation and those
added after that time, shall be included. To the extent that Energy Structures are
incorporated on, under, or within permitted Buildings or Structures, the Ground Area of
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such Energy Structures shall not count against the Aggregate Ground Area limitation set
forth in this Subsection. Aggregate Ground Area shall not include Roads, trails, outdoor
parking areas, recreational fields or any surface treatment designed to pass water.
2A BUILDINGS AND STRUCTURES WITHIN THE CAMPUS AREA BUILDING
ENVELOPE. Buildings and Structures within the Campus Area Building Envelope are subject
to the following Restrictions:
2A.1 Aggregate Ground Area: The aggregate Ground Area of all Buildings, Structures,
and Energy Structures on the part of the Property within the Campus Area Building Envelope shall
not exceed 300,000 square feet without Grantee's Prior Written Approval. For purposes of
calculating aggregate Ground Area, all Buildings, Structures, and Energy Structures, including
those existing at the time of easement donation and those added after that time, shall be included.
To the extent that Energy Structures are incorporated on, under, or within permitted Buildings or
Structures, the Ground Area of such Energy Structures shall not count against the Aggregate
Ground Area limitation set forth in this Subsection. Aggregate Ground Area shall not include
Roads, trails, outdoor parking areas, recreational fields or any other permeable surface treatment
designed to pass water. Should the property cease to be used as a school, the Aggregate Ground
Area limitation for the Property (within and without the Campus Area Building Envelope), shall
be reduced to one percent (1 %) of the total square footage of the Property.
2A.2 Building and Structure Height: With the exception of existing Buildings and
Structures, the height of any Building shall not be more than sixty (60) feet, as measured from
final grade to the ridge of the roof of the Building, and the height of any Structure shall not be
more than sixty (60) feet, as measured from final grade to the highest point of the Structure, unless
Prior Written Approval shall have been obtained from Grantee. Notwithstanding the height
limitations above, Communications Structures may be constructed with a maximum height of 100
feet, this height limitation for Communications Structures shall not be exceeded without Prior
Written Approval of Grantee.
2A.3 Repair, Maintenance and Demolition: The Historic Buildings on the Property
may be maintained, repaired and renovated. Any alterations to the exterior of any Historic
Building must be certified in writing as appropriate and in keeping with the historic integrity of
the Historic Building by a professional architectural historian, who will take into consideration
health and safety concerns, legal requirements, and Grantor's needs as an educational institution.
The certificate shall be delivered to Grantee prior to beginning any such alterations.
The Historic Buildings on the Property shall not be demolished or removed without the Prior
Written Approval of Grantee. Approval of Grantee shall include consideration of any individual
Historic Building's historic and structural integrity, inclusive of health and safety considerations.
To that end, Grantee may, in its discretion, require that Grantor obtain a report written by a
structural engineer or professional architectural historian regarding said Historic Building's
historic and structural integrity. In the event that (1) Prior Written Approval is granted to demolish
or remove any Historic Building, (2) any such Historic Building is destroyed by causes beyond
Grantor's reasonable control, including, but not limited to, fire, flood, storm, or earth movement,
or (3) any such Historic Building is damaged by causes beyond Grantor's reasonable control to
15
such an extent that, in the opinion of Grantee, the Historic Building's historic or structural integrity
is irremediably compromised, nothing herein shall obligate Grantor to reconstruct the Historic
Building, provided that any replacement building shall be constructed at the same location as the
original Historic Building, unless Grantor demonstrates that an alternate site would provide better
or equal protection of the Conservation Values of the Property, and Grantee gives Prior Written
Approval of the alternate site.
2.4.4 Other Applicable Restrictions: Except as provided under this Section 2.4, the
Buildings and Structures permitted by this Section 2.4 shall remain subject to all the Restrictions
and Terms and Conditions in this Easement, with the exception of Section 2.3, which applies to
Buildings and Structures outside the Campus Area Building Envelope.
2.5 CONSISTENCY WITH CONSERVATION VALUES. New, replaced, relocated,
repaired, renovated, or enlarged Buildings, Structures, or Energy Structures must not be
inconsistent with, adversely affect, conflict with, diminish, impair, or interfere with the
Conservation Values of the Property. Notwithstanding the foregoing, Grantee agrees that new
construction explicitly permitted in this Section 2 is not inconsistent with, and does not adversely
affect, conflict with, diminish, impair, or interfere with the Conservation Values.
2.6 RIGHT TO CONSTRUCT, REPAIR, MAINTAIN, RENOVATE, AND REPLACE.
Except for Restrictions herein regarding aggregate Ground Area, the Restrictions above shall not
preclude the maintenance, repair, or replacement of any Buildings, Structures, Energy Structures,
fencing mailboxes, gate posts, and permitted signs existing as of the date of this Easement.
Relocation of any existing Building requires Grantee's Prior Written Approval.
2.7 ROADS AND UTILPI'IES.
2.7.1 Roads: No Roads or Parking Areas, other than the following, are permitted on the
Property:
(a) Roads and Parking Areas with permeable surfaces (inclusive of gravel or packed earth)
to serve permitted Buildings and Structures.
(b) Roads and Parking Areas with permeable surfaces for permitted uses and activities,
such as Agriculture and forestry.
(c) Existing Roads and Parking Areas, either permeable or impermeable.
(d) New Roads and Parking Areas with impermeable surfaces to serve permitted Buildings
or Structures, provided such Roads have the Prior Written Approval of Grantee.
2.7.2 Utilities: No Utilities, other than following, are permitted on the Property;
(a) Existing public or private Utilities.
(b) New public or private Utilities originating off the Property, constructed on, under or
over the Property, and serving permitted Buildings, Structures, or activities on the Property, or
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serving neighboring properties within one mile of the Property.
2.8 INDUSTRIAL AND COMMERCIAL ACTIVITIES OUTSIDE OF THE CAMPUS
AREA BUILDING ENVELOPE.
2.8.1 Permitted Activities: Industrial and commercial activities on the part of the
Property outside of the Campus Area Building Envelope other than the following are prohibited:
(a) Agricultural activities;
(b) temporary or seasonal outdoor activities which do not permanently alter the physical
appearance of the Property;
(c) the operation of seasonal markets for the sale of Agricultural products (excluding
alcoholic beverages) produced entirely from crops grown or livestock raised on the Property; and
(d) educational uses or activities connected with the operation of a school, notwithstanding
any nexus between any educational and commercial activities routinely conducted as part of the
operation of the school. Such uses and activities may include recreational or religious non-
commercial uses and activities, provided said uses and activities are not inconsistent with, and do
not adversely affect, conflict with, diminish, impair, or interfere with the Conservation Purposes.
Recreational non-commercial uses and activities may include use of all or a portion of the Property
for seasonal outdoor uses or activities such as hiking, running, non -motorized cycling, horseback
riding, photography, bird watching, and nature study, or use of all or a portion of the Property for
a park for similar such uses and activities.
2.81 Other Restrictions on Permitted Activities: Should the primary use of the
Property cease to be the operation of a school, the activities listed in 2.8.1(a) through 2.8.1(c) that
are conducted on the part of the Property outside of the outside of the Campus Area Building
Envelope that involve the participation of the public (which shall include non-profit membership,
dues, or club status) shall be limited as follows: (a) no amplified sound is permitted outdoors; (b)
no more than 100 members of the public may visit the Property per day; (c) notwithstanding the
preceding limitation in part (b), a maximum of 300 members of the public may visit the Property
during a total of 12 days per calendar year; and (d) all such activities included in this Section 2.8.2
shall be concluded by 10 p.m. on any given day.
2.8.3 Commercial Recreational Uses: Notwithstanding any other provision of this
Easement, no commercial recreational use except for de minimis commercial recreational uses
which are permissible from time to time under the IRC and the Treasury Regulations, shall be
allowed on the Property.
2.9 INDUSTRIAL AND COMMERCLAL ACTIVITIES WITHIN THE CAMPUS
AREA BUILDING ENVELOPE.
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2.9.1 Permitted Activities: Industrial and commercial activities on the part of the
Property within the Campus Area Building Envelope other than the following are prohibited:
(a) Agricultural activities;
(b) temporary or seasonal outdoor activities which do not permanently alter the physical
appearance of the Property;
(c) de minimis commercial recreational uses;
(d) activities which can be and are in fact conducted wholly within permitted Buildings
without alteration to the external appearance thereof;
(e) the operation of seasonal markets for the sale of Agricultural products (excluding
alcoholic beverages) produced entirely from crops grown or livestock raised on the Property; and
(f) educational uses or activities connected with the operation of a school, notwithstanding
any nexus between any educational and commercial activities routinely conducted as part of the
operation of the school. Such uses and activities may include recreational or religious non-
commercial uses and activities, provided said uses and activities are not inconsistent with, and do
not adversely affect, conflict with, diminish, impair, or interfere with the Conservation Purposes.
Recreational non-commercial uses and activities may include use of all or a portion of the Property
for seasonal outdoor uses or activities such as hiking, running, non -motorized cycling, horseback
riding, photography, bird watching, and nature study, or use of all or a portion of the Property for
a park for similar such uses and activities.
2.9.2 Other Restrictions on Permitted Activities: Should the primary use of the
Property cease to be the operation of a school, the activities on the Property listed in 2.9.1(a)
through 2.9.1(f) that involve the participation of the public (which shall include non-profit
membership, dues, or club status) shall be limited as follows: (a) no amplified sound is permitted
outdoors; (b) no more than 100 members of the public may visit the Property per day; (c)
notwithstanding the preceding limitation in part (b), a maximum of 300 members of the public
may visit the Property during a total of 12 days per calendar year; and (d) all such activities
included in this Section 2.9.2 shall be concluded by 10 p.m. on any given day.
2.93 Commercial Recreational Uses: Notwithstanding any other provision of this
Easement, no commercial recreational use except for de minimis commercial recreational uses
which are permissible from time to time under the IRC and the Treasury Regulations, shall be
allowed on the Property.
2.10 RIPARIAN BUFFER/WETLANDS.
2.10.1 Buffer Required: A vegetated Buffer Strip is required for any Covered Waters and
for any Wetland that fronts on, or is contained on, the Property, as shown on the Plat. For such
Covered Waters and Wetlands that exist within or adjacent to forested areas of the Property, a
Buffer Strip shall be defined as an area that is within 100 feet from the top of the bank of any
Covered Waters, or within 100 feet from the edge of any Wetlands. To protect water quality, such
18
forested Buffer Strips shall be maintained in forest or be permitted to revegetate naturally, and
there shall be no damaging or filling within said Buffer Strips, except as set forth below in Section
2.10.2. For Covered Waters and Wetlands that do not exist within or adjacent to forested areas of
the Property, a Buffer Strip shall be defined as an area that is within 100 feet from the top of the
bank of any Covered Waters, or within 100 feet from the edge of any Wetland. To protect water
quality, such non -forested Buffer Strips shall be permitted to revegetate naturally, and shall not be
plowed, cultivated, dredged, or filled, and no other earth disturbing activity shall be permitted
within such Buffer Strip, except as set forth below in 2.10.2. Notwithstanding the foregoing,
Buffer Strips protecting Covered Waters and Wetlands in either forested or non -forested sections
of the Property shall be extended to 150 feet in width in sections of the Property that have slopes
of 10% to 25%, and shall be extended to 200 feet in width in sections of the Property that have
slopes of greater than 25%. Nothing contained herein shall prohibit or prevent the Grantor from
undertaking efforts to restore or create additional Wetlands upon the Property with Prior Written
Approval from Grantee that the Conservation Values of the Property will not be impaired.
2.10.2 Buffer Restrictions: Within the required Buffer Strips on the Property, there shall
be no construction of Buildings, Structures, Roads, Utilities, or other impervious surfaces, no
storage of compost, manure, fertilizers, chemicals, machinery or equipment, and no cultivation,
dumping, filling, plowing, or other earth disturbing activity, except as may be reasonably necessary
for (a) Wetland or stream bank restoration and erosion control pursuant to any required
government permit, (b) fencing along or within the Buffer Strip, (c) removal of individual trees
presenting a danger to persons or property, (d) removal of diseased, dead, non-native trees, shrubs
or plants, or invasive trees, shrubs or plants (as defined in the Virginia Department of Conservation
and Recreation's publication: "Invasive Alien Plant Species of Virginia" or other independent and
authoritative source), and (e) construction and maintenance of up to ten (10) pedestrian and/or
vehicular crossings of Covered Waters or Wetlands which do not obstruct water flow ("Water
Resource Crossings"). Additional Water Resource Crossings may be constructed with Prior
Written Approval of Grantee.
2.103 Required Vegetation: Buffer Strips shall be composed of vegetative cover that
includes, but is not limited to, forest, shrubs, or warm -season grasses. Lawns or grazed pastures
shall not constitute vegetative cover for the purposes of satisfying this requirement. The Buffer
Strip shall not be mowed.
2.10A Livestock Prohibited: Livestock are prohibited from grazing in, and shall be
fenced out of required Buffer Strips. Any fencing so required shall be established within a period
of no more than two years from the date the Easement is recorded, and shall thereafter be
maintained as needed for livestock exclusion.
2.10.5 Exemptions: The prohibitions in 2.10.1 through 2.10.4 above shall not preclude
the maintenance or repair of any Building or Structures existing as of the date of this Easement or
the construction or maintenance of reasonably sized fencing, stone walls, mailboxes, gate posts,
permitted signs, Structures for crossing Covered Waters or Wetlands (as limited in Section 2.10.2
above), wildlife observation structures, trails, boardwalks, piers, docks (not to exceed a total of
five (5) docks without Prior Written Approval), floats, buoys, existing dam structures, dry
hydrants, and mechanical systems required to maintain the Lake, provided said activities are not
19
inconsistent with, and do not adversely affect, conflict with, diminish, impair, or interfere with the
Conservation Purposes or Conservation Values.
2.11 MANAGEMENT OF FOREST.
2.11.1 Stewardship Plan Requirement: Grantor shall have in place a current, written
Virginia Forest Stewardship Plan or similar forest management plan in place prior to the
commencement of timber harvesting or other significant forest management activities. The plan
shall include a provision that all forest management and harvesting activities be developed by, or
in consultation with, the Virginia Department of Forestry, or be consistent with Virginia's Forestry
Best Management Practices for Water Quality Guide. The primary purposes of the plan may
include, but need not be limited to, maintenance of the health and biological diversity of the forest;
management of woodlands to improve wildlife habitat; forest stand management to maintain the
health of the forest; management of timber for income; soil and water conservation; water quality
protection; and preservation of historical and cultural resource.
2.11.2 Forest Manaeement—Commercial: Clear -cutting is prohibited unless appropriate
under best management practices and with Grantee's Prior Written Approval. Best management
practices, as defined by the Virginia Department of Forestry, shall be used to control erosion and
protect water quality when any forest management, timber harvesting, or land clearing activity is
undertaken. The Grantor shall notify the Grantee, in writing, no later than thirty (30) days prior to
the start of any such activity and again within seven (7) days of its completion. All forestry
activities shall comply with the aforementioned forest stewardship plan and shall be carried out so
as to preserve the Conservation Values of the property. The term "commercial purposes' and the
provisions of Section 2.11.1 shall not be construed so as to prohibit the harvest of forest products
for personal or educational use by Grantor or The Miller School of Albemarle on the Property,
such as lumber, firewood, and raw material for small-scale home industry or educational purposes,
nor the incidental sale of forest products harvested in the exercise of Grantor's noncommercial
cutting rights.
2.11.3 Forest Manaeement — Non -Commercial: Grantor reserves the right to manage
forested land by selective cutting, pruning, and planting for noncommercial purposes, which may
include forest management: for the creation of trails and recreational areas; for safety of users of
the Property; for control of active fire, and prevention of fire and disease; for prevention or removal
of invasive species (as defined in the Virginia Department of Conservation and Recreation's
publication "Invasive Alien Plant Species of Virginia," or other independent and authoritative
source); for restoration or enhancement of wildlife habitat and riparian areas (as to riparian areas,
subject to the Restrictions applicable to Buffer Strips in Section 2.10); for household gardening
and landscaping, or for the general maintenance of the high scenic character and healthy wildlife
habitat of the Property. Grantor may create appropriate construction clearings in association with
the construction of permitted Buildings and Structures listed in Sections 2.3 and 2.4 of this Article
II. Said construction clearings shall not be larger than 100 feet beyond the footprint of any
permitted Building or Structure without Prior Written Approval from Grantee. Other than
permitted construction clearings, no more than three other new openings or clearings in the forest,
which shall not be greater than 1,000 square feet, are permitted for noncommercial purposes
without the Grantee's Prior Written Approval, with such clearings permitted as necessary to
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safeguard the health of forested acreage, to prevent or mitigate greater harm to the Conservation
Values of the Property, or to enhance wildlife habitat.
2.12 LANDS IN AGRICULTURAL USE. As long as at least five (5) acres of the Property is
used for Agricultural purposes, the landowner shall have, and the Property shall be managed in
accord with, a written Farm Conservation Plan, which shall be prepared for the Property by, or in
consultation with, the Thomas Jefferson Soil and Water Conservation District or Natural
Resources Conservation Service representative, or a successor entity to either of the two foregoing
organizations, within six (6) months of the date hereof. The Farm Conservation Plan shall stipulate
the use of best management practices for water quality protection, be approved in advance by the
Grantee, and shall be updated by mutual agreement of the Grantor and Grantee, provided that said
Farm Conservation Plan (or any modification of amendment thereof) shall not be inconsistent with,
adversely affect, conflict with, diminish, impair, or interfere with the Conservation Purposes or
Conservation Values protected by this Easement.
2.13 TRASH. Accumulation or dumping of trash, refuse, junk, or toxic materials is not
permitted on the Property. This Restriction shall not prevent: (i) the routine and customary short-
term accumulation of trash incidental to educational and residential uses; (ii) 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
incidental to operation of the farm on the Property; nor (iii) the use of other such practices that
are not inconsistent with, and do not adversely affect, conflict with, diminish, impair or interfere
with the Conservation Values.
2.14 SIGNS. No billboards, signs, or other advertisements that are visible from outside the
Property are permitted on or over the Property except: (i) for educational uses related to the Miller
School of Albemarle, (ii) to provide information related to safety or security of users of the
Property, (iii) to state the name and/or address of the owners, including the property name, (iv) to
advertise the sale or lease of the Property, or any portion thereof, (v) to advertise the sale of goods
or services produced incidentally to a permitted use of the Property, (vi) to advertise the conduct
of permitted activities, (vii) to provide notice necessary for the protection of the Property,
including man-made features on the Property, (viii) to give directions to visitors or any user of the
Property, (ix) for scoreboards proximate to fields of competition, (x) to recognize historic status
or participation in a conservation program, or (xi) to advertise political candidates or parties.
Except for subsections (iii) and (ix) of this paragraph, no such sign shall exceed nine square feet
in size without the Prior Written Approval of the Grantee, or the applicable size restriction under
the County's zoning ordinance, whichever is less.
2.15 CHANGES IN TOPOGRAPHY, MINING, GRADING, BLASTING, FILLING,
EARTH REMOVAL. Mining by surface mining or any other method, dredging on or from the
Property, or drilling for oil and gas on or under the Property is prohibited. Grading, blasting, filling
or earth moving or removal shall not alter the topography of the Property except for: Wetlands or
stream bank restoration, both of which require Prior Written Approval from Grantee and all
requisite government permits and approvals; erosion and sediment control pursuant to a
government -required erosion and sediment control plan; or as incidental to the construction of
permitted Buildings, Structures, Roads, and Utilities, or for farm ponds. Best management
21
practices, in accordance with the Virginia Erosion and Sediment Control Law, shall be used to
control erosion and protect water quality in such construction. Generally accepted Agricultural
activities shall not constitute any such activities. Notwithstanding the foregoing, no grading,
blasting, filling or earth moving or removal is permitted on the Property if it will be inconsistent
with, adversely affect, conflict with, diminish, impair or interfere with the Conservation Values
protected by this Easement, or if it may impact historic, cultural, or natural heritage resources.
ARTICLE III
3.1 ENTRY/RIGHT OF INSPECTION. Representatives of the Grantee may enter the
Property at reasonable times for purposes of inspection (including the taking of photographs) and
enforcement of the Restrictions and the Terms and Conditions of this Easement after reasonable
notice to the Grantor or the Grantor's designated representative, provided however, that in the
event of an emergency, Grantor consents to allow Grantee entrance onto the Property to inspect,
evaluate, prevent, terminate or mitigate a potential violation of these Restrictions or Terms and
Conditions with notice to the Grantor or Grantor's representative being given at the earliest
practicable time. Reasonable notice for non -emergencies shall be considered as not exceeding
fifteen (15) days.
3.2 ACTION TO ENFORCE. Grantee has the right to bring an action at law or in equity to
prevent or stop any violation of the Restrictions and the Terms and Conditions of this Easement
or any use that is inconsistent with, or adversely affects, conflicts with, diminishes, impairs, or
interferes with the Conservation Purposes or Conservation Values. This right specifically includes:
(i) the right of entry onto the Property for the purposes of evaluating the extent and nature of any
potential violation of the Restrictions or Terms and Conditions of this Easement; (ii) the right to
require restoration of the Property to its condition at the time of donation of this Easement,
including the removal of any Buildings or Structures contrary to the provisions of the Easement;
(iii) the right to require restoration of the Property to a condition of compliance with the
Restrictions and the Terms and Conditions of this Easement; (iv) the right to recover any damages,
including monetary damages, arising from non-compliance, the loss of Conservation Values, or
the inability to return the Property to its condition at the time of donation of this Easement; and
(v) the right to enjoin non-compliance by ex parte temporary or permanent injunction. These
remedies shall be cumulative and shall be in addition to all remedies now or hereafter existing at
law or in equity. If the court determines that the Grantor failed to comply with this Easement, the
Grantor shall pay the Grantee for any costs of enforcement, including costs of investigating,
preventing, stopping and correcting the non-compliance, restoration costs, court costs and
attorney's fees, in addition to any other payments ordered by such court. The Grantee shall not, by
any failure to discover non-compliance or any delay to act, or by any prior forbearance to exercise
rights under this Easement, waive any Restrictions or Terms and Conditions or forfeit the right to
take action as may be necessary to ensure compliance with this Easement and the Grantor hereby
waives any defenses of waiver, estoppel or laches with respect to any failure or forbearance by the
Grantee.
22
ARTICLE IV
DOCUMENTATION
The Conservation Values of the Property and its condition, use, character, and state of
improvement are described in a Baseline Documentation Report, incorporated herein by reference.
The Baseline Documentation Report was signed by the Grantor and made available to and signed
by the Grantee prior to the execution of this Easement and will be maintained on file in the offices
of the Grantee. Grantor and Grantee have copies of the Baseline Documentation Report and
acknowledge that the Baseline Documentation Report is an accurate representation of the
condition of the Property as of the date of this Easement. The Baseline Documentation Report
may be used by Grantee to determine compliance with and enforcement of the Restrictions and
the Terms and Conditions, including specifically to establish that a change in the condition, use,
character, or state of improvement of the Property has occurred, but the existence of the Baseline
Documentation Report shall not preclude Grantee's use of other evidence to establish the
condition, use, character, or state of improvement of the Property as of the date of this Easement.
ARTICLE V
GENERAL PROVISIONS
5.1 DURATION. This Easement shall be perpetual. It is an easement in gross which runs with
the land as an incorporeal interest in the Property. The Restrictions and the Terms and Conditions
contained in this Easement are binding upon, and inure to the benefit of, the parties hereto and
their Successors, and shall continue as a servitude running in perpetuity with the Property. The
rights and obligations of an owner of the Property under this Easement terminate upon proper
transfer of such owner's interest in the Property, except that liability for acts or omissions occurring
prior to transfer shall survive transfer.
5.2. NO PUBLIC ACCESS. Although this Easement 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. Grantor retains the exclusive right to such access and use, subject to the terns hereof.
53 TITLE WARRANTY. Grantor covenants and warrants that Grantor has good and
marketable title to the Property, free and clear of all encumbrances (except utility and access
easements of record), including, but not limited to, any mortgages, judgments or other liens not
subordinated to this Easement, and hereby covenants to defend same and hold Grantee harmless
against any and all claims that may be made against it. The holders of all liens or other
encumbrances arising from borrowing have subordinated their interests in the Property to the
operation and effect of this Easement, by their execution hereof.
5A INTERACTION WITH OTHER LAWS. This Easement does not permit any use of the
Property which is otherwise prohibited by federal, state, or local law or regulation. Neither the
Property, nor any portion of it, shall be included as part of the gross area of other property not
subject to this Easement for the purposes of determining density, lot coverage or open -space
requirements under otherwise applicable laws, regulations or ordinances controlling land use and
building density. Specifically, neither the Property, nor any portion thereof, has been or shall be:
23
dedicated as open space within, or as part of, a residential subdivision or any other type of
residential or commercial development; dedicated as open space in, or as part of, any real estate
development plan; or dedicated for the purpose of fulfilling density requirements to obtain
approvals for zoning, subdivision, site plan, or building permits. No development rights that have
been encumbered or extinguished by this Easement shall be transferred to or counted towards
development of any other property pursuant to a transferable development rights scheme, cluster
development arrangement or otherwise.
5.5 CONSTRUCTION. Notwithstanding any general rule of construction to the contrary, this
Easement shall be liberally construed in favor of the Grantee to effect the purpose of this
Easement -to retain, preserve and protect in the public interest in perpetuity the Conservation
Values of the Property —by restricting the use of the Property as set forth, herein, and by permitting
only those activities on, uses or development of the Property that will not adversely affect, are not
inconsistent with, and do not conflict with, diminish, impair or interfere with the Conservation
Values.
If any provision of this Easement is found to be ambiguous, an interpretation consistent with the
purposes of this Easement and in favor of the Restrictions and the Terms and Conditions protecting
its Conservation Values shall be favored over the free use of the Property. Grantor intends that the
grant of this Easement qualify as a "qualified conservation contribution" as that term is defined in
IRC § 170(h)(1), of the IRC, and the Restrictions and other provisions of this Easement shall be,
where possible, construed and applied in a manner that will not prevent this Easement from being
a qualified conservation contribution.
5.6 NOTICES TO GRANTEE.
5.6.1. Division, The Grantor shall notify the Grantee in writing prior to dividing or
subdividing the Property, and shall notify the Grantee in writing prior to closing on any inter vivos
transfer or sale of the Property or any part thereof, other than a deed of trust or mortgage on all or
any part of the Property.
5.6.2 Time Frame of Notice. Except as expressly set forth herein, in any instance where
the terms of this Easement require notice to the Grantee, Grantor shall provide written notice to
the Grantee at least 60 days prior to commencing the activity or exercising the right requiring the
notice.
5.6.3 Content of Notice. Notices and requests for Grantee's approval must describe the
situation or activity in question in sufficient detail to permit the Grantee to make an informed
judgment as to its consistency with the Conservation Purposes and this Easement. Any notices or
requests for approval required by this Easement shall be in writing and shall be personally
delivered or sent by certified mail, to Grantor or Grantee respectively, to the Grantor at the address
of the Property and to the Grantee at the address of its principal office as registered with the
Commonwealth of Virginia, or to such other addresses as the parties may designate by written
notice.
5.6A Validity. The failure of the Grantor or Grantee to perform any act required by this
Section shall not impair the validity of this Easement or limit its enforceability in any way.
24
5.7 PRIOR WRITTEN APPROVAL.
5.7.1 Prior Written Approvals. In any case where the terms of this Easement require
Grantee's Prior Written Approval, Grantor shall make a written request for such approval to the
Grantee. Unless otherwise provided for in the Easement, the Grantee shall have sixty (60) days
from the receipt of a request for Prior Written Approval, or such longer period as the parties may
agree in writing, to review such request and grant or deny approval. Failure by Grantee to respond
within sixty (60) days shall constitute denial. In considering whether or not to grant any Prior
Written Approval to the Grantor, the Grantee shall determine whether the proposed activity or use
on, or development of, the Property (including the size, setting or height of any proposed Building,
Structure, Road, or Utilities) will be inconsistent with, adversely affect, conflict with, diminish,
impair, or interfere with the Conservation Values. Should the Grantee reasonably determine that
granting Prior Written Approval would authorize an activity or use on, or development of, the
Property that would be inconsistent with, adversely affect, conflict with, diminish, impair, or
interfere with the Conservation Values, the Grantee may refuse to grant such approval.
5.7.2 Impermissible Private Benefit. Any Prior Written Approval shall not result in
impermissible private benefit to the Grantor.
5.8 PROPERTY RIGHT OF GRANTEE: EXTINGUISHMENT.
5.8.1 Property Rieht. The Grantor agrees that the donation of this Easement gives rise
to a property right, immediately vested in the Grantee, with fair market value that is at least equal
to the proportionate value that the Easement on the Effective Date bears to the value of the Property
as a whole at that time, and that proportionate value of the Grantee's property rights shall remain
constant.
5.8.2 Extin¢nishment. The Restrictions may only be terminated or extinguished as
permitted by section 170h of the Internal Revenue Code and United States Treasury regulation
section 1.170A-14(g) (6) as effective on the Effective Date of this deed. Upon such termination
or extinguishment and subsequent sale of the Property, the Grantee shall be entitled to a portion of
the proceeds of such sale as calculated and permitted by section 170 of the Internal Revenue Code
and United States Treasury regulation section 1.170A- 14(g) (6) as effective on the Effective Date
of this deed.
5.9 HAZARDOUS SUBSTANCES OR WASTES - NO CONTROL: WARRANTY.
INDEMNITY. Nothing in this Easement shall be construed as giving rise to any right or ability
in the Grantee to exercise physical or management control over the day-to-day operations of the
Property, or any of the Grantor's or The Miller School of Albemarle's activities on the Property,
or otherwise to become an operator with respect to the Property within the meaning of The
Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended
(CERCLA) or any corresponding Commonwealth of Virginia statute or regulation or County
ordinance. Grantor warrants that it has no actual knowledge of a release or threatened release of
hazardous substances or waste on the Property, as such substances and waste are defined by
applicable law, and hereby promises to indemnify Grantee against, and hold Grantee harmless
from, any and all loss, cost, claim (without regard to its merit), liability or expense, including
25
reasonable attorneys' fees, arising from or with respect to any release of hazardous substance or
waste or violation of environmental laws.
5.10 TAXATION. 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 Treas. Reg. § 1.170A-
13(c)(5)), and that the appraisal is subject to review, audit, and challenge by all appropriate tax
authorities. Grantee makes no express or implied warranties regarding the availability of tax
benefits to the 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. By its execution hereof, Grantee acknowledges and confirms receipt of the Easement
and further acknowledges that Grantee has not provided any goods or services to Grantor in
consideration of the grant of the Easement.
5.11 SUCCESSORS IN INTEREST. This Easement shall be binding upon and inure to the
benefit of the parties hereto and their respective Successors and shall continue as a servitude
running in perpetuity with the Property.
5.12 INCLUSION OF TERMS IN SUBSEQUENT DEEDS. The Grantor agrees that this
Easement will be referenced by deed book and page number, or instrument number, in any
subsequent deed or other legal instrument by which the Grantor divests itself of any interest in the
Property.
5.13 MERGER. Grantor and Grantee agree that in the event that Grantee acquires a fee interest
in the Property, this Easement shall not merge into the fee interest, but shall survive the deed and
continue to encumber the Property.
5.14 ASSIGNMENT BY GRANTEE. Grantee may not transfer or convey this Easement
unless Grantee conditions such transfer or conveyance on the requirement that (1) the Conservation
Values are to be protected, and all Restrictions and Terms and Conditions set forth in this Easement
are to be continued, in perpetuity; and (2) the transferee then qualifies as an eligible donee as
defined in IRC § 170(h)(3) and the applicable Treasury Regulations, or any successor provisions
to either.
5.15 AMENDMENT. Grantee and Grantor may amend this Easement to enhance or increase
protection of the Property's Conservation Values, or add additional land to the Property by an
amended deed of gift of conservation easement, provided that no amendment shall: (i) affect this
Easement's perpetual duration or remove from the Easement any land made subject to this
Easement on the Effective Date; (ii) be inconsistent with, adversely affect, conflict, diminish,
impair, or interfere with the Conservation Values; (iii) reduce the protection of the Conservation
Values; (iv) affect the qualification of this Easement as a "qualified conservation contribution" or
"interest in land"; (v) affect the status of Grantee as a "qualified organization" or "eligible donee";
or (vi) create an impermissible private benefit or private inurement in violation of federal tax law.
No amendment shall be effective unless documented in a notarized writing executed by Grantee
and Grantor and recorded in the Clerk's Office of the Circuit Court of the County where the
W1
Property is located. Grantee reserves the sole and absolute discretion to approve or deny requests
for amendments.
5.16 VESTING OF CONSERVATION EASEMENT. Should the Grantee cease to exist, or
not qualify as a "qualified organization" under IRC § 170(h) or any successor provision then
applicable, or otherwise cease to be eligible to hold this Easement under the laws of the
Commonwealth of Virginia, this Easement and all rights of enforcement shall vest in the Virginia
Outdoors Foundation, unless the Easement has been assigned prior to cessation to another holder
qualified according to the provisions of the laws of the Commonwealth of Virginia. If the
qualifying holding entity or the Virginia Outdoors Foundation, or the successors or assigns thereof,
should cease to exist, or should not qualify as a "qualified organization" under IRC § 170(h) or
any successor provision then applicable, or should otherwise cease to be eligible to receive this
Easement directly under the laws of the Commonwealth of Virginia, a court of competent
jurisdiction shall transfer this Easement to another qualified organization having similar purposes
that agrees to assume the responsibilities imposed upon the Grantee by this Easement.
5.17 LIMITATION ON EFFECT OF INVALIDITY OR UNENFORCEABILITY. The
invalidity or unenforceability of any provision of this Easement shall not affect the validity or
enforceability of any other provision of this Easement, or of any ancillary or supplementary
agreement relating to this Easement.
5.18 APPLICABLE LAW. This Easement shall be interpreted under the laws of the
Commonwealth of Virginia, except as limited or changed by Subsection 5.5 and the Restrictions
and Terms and Conditions of this Easement.
5.19 ENTIRE AGREEMENT. This Easement sets forth the entire agreement of the parties
with respect to this Easement and supersedes all prior discussions, negotiations, understandings,
or agreements relating to this Easement.
5.20 ACCEPTANCE. Acceptance by the Grantee of this conveyance is authorized by Va.
Code § 10.1-1010 and is evidenced by the signature of its authorized representative below.
5.21 EFFECTIVE DATE/RECORDING. This Easement shall be effective upon execution
by both the Grantor and Grantee and when it has been recorded in the Clerk's Office of the Circuit
Court of Albemarle County, Virginia. The Grantee may re-record this Easement at any time as
may be required to preserve its rights hereunder.
5.22 COST RECOVERY. Grantee reserves the right to recover its costs incurred in
responding to requests initiated by Grantor involving matters such as consideration of the granting
of Prior Written Approval, interpretation of the Restrictions or Terms and Conditions of this
Easement, boundary line adjustments, easement amendments, project reviews for ecosystem
services, preparation of reports to facilitate sales, and access or utility easements over the Property.
Such cost recovery charges shall be determined and periodically adjusted by Grantee, as set forth
in a published fee schedule. In the event that the Grantee is joined in litigation as a necessary
party, the Grantee may employ an attorney to protect its interests, and a reasonable fee to such
attorney and any costs and expenses of such litigation shall be paid by the Grantor.
27
WITNESS the following signatures and seals.
[Counterpart signature pages follow]
m
[Counterpart signature page I of 2]
The Miller School of Albemarle, Inc, Grantor
Patrick L. France
President and Headmaster
COMMONWEALTH OF VIRGINIA
CITY "OUL Y OF to -wit:
I 44,1H o y o a Notary Public for the Commonwealth
aforesaid, hereby certify that ¢&- personally appeared before me
y and acknowledged th foregoing instrument.
WITNESS my hand and official seal this -3 day of o044W20 IG.
SEAL]
Notdry Public z9 635�
immission Expires: 31
z� z®
►Me
[Counterpart signature page 2 of 21
ACCEPTED:
Land Trust of Virginia, Inc. (Seal)
By: 0I
Christopher C. Dematatis, Chairman
Cl r6GRi�)OF OF V11tGINIA )
CITY/ppCC��1 �LJ�N� OF to -wit:
1, Dowd G•4 , a Notary Public for the Commonwealth
aforesaid, hereby certify that Christopher C. Dematatis, Chairman of the Land Trust of
Virginia, Inc., personally appeared before me this day and acknowledged the foregoing
instrument on behalf of the Land Trust of Virginia, Inc.
Novtw�.✓
WITNESS my hand and official seal this 3t., day ofQivaber, 2016.
My Commission Expires: IZ -t t l 4
A8 7 k Vtp � LE I
R_--�ry P�Iro
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ISFAL]
Notary Public
30
Plat # 1
LEGAL DESCRIPTION
31
Legal Description
TAX MAP PARCEL NUMBERS: 07200-00-00-03200, 07200-00-00-032DO, 07200-00-00-
032EO, and 08600-00-00-02000
All those certain tracts or parcels of land situated in Albemarle County, Virginia, on both sides of
State Route 634 and currently shown on Albemarle County Tax Map Sheet 72 as Parcel 32, and
Tax Map Sheet 86 as Parcel 20, and more particularly described on "Composite Survey of The
Miller School of Albemarle, Inc." dated February 15, 1999, by Kirk Hughes & Associates as
containing 1,066.46 acres, more or less. The portion of PIN 07200-00-00-03200 subject to the
Easement is approximately 629.94 acres more or less, and is defined by the Attached Map by
Roger W. Ray and Associates, Inc., dated October 22, 2016.
The above description and plat reference also include Tax Map Sheet 72, Parcels 32D and 32E
(the well lots) described in Deed of Dedication recorded in the Clerk's Office of the Circuit
Court of Albemarle County, Virginia, in Deed Book 856, page 559, and Deed Book 1950, page
168.
The Miller School of Albemarle, Inc. was originally chartered by the Virginia General Assembly
in 1874 and was formerly known as The Miller Manual Labor School. By Articles of
Incorporation subsequently filed with the Virginia State Corporation Commission, effective
March 6, 1998, its name was changed to The Miller School of Albemarle, Inc.
PLAT #2
CAMPUS AREA BUILDING ENVELOPE AND FACULTY DWELLING ENVELOPE,
CEMETARY BUILDING ENVELOPE, FARM BUILDING ENVELOPES #1 AND #2
32
TOPOGRAPHIC DATA SHOWN HEREON WAS OBTAINED FROM THE ALBEMARLE COUNTY GIS DATA.
IMAGES WERE PROVIDED BY THE COMMONWEALTH OF VIRGINIA. PROPERTY LIDS SHOWN HEREON
WERE TAKEN FROM THE ALBEMARLE COUNTY GIS DATA AND ARE APPROXIMATE. NO WARRANTY
IS PROVIDED FOR THE ACCURACY OF THE PROPERTY LINES OR OTHER DATA SHOWN HEREON.
THIS NAP GOES NOT REPRESENT A DIVISION OF THE PROPERTY.
ANY DIVISION REQUIRES APPROVAL BY ALBEMARLE COUNTY
COMMUNITY DEVELOPMENT.
POINTS 1 AND 50 WERE NOT SURVEYED PROPERTY CORNERS.
LOCATIONS WERE TAKEN FROM ALBEMARLE COUNTY GIS ALA]
ARE APPROXIMATE ONLY.
72 A 32
e 72-32E
/72-32D
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MAP SHOWING
THE MILLER SCN00L
ALBEAAALE COUNTY. VIRGINIA
SCALE : I' - 60O' DATE : OCTOBER 22. 2016
PREPARED BY:
ROGER W. MY S ASSOC.. INC.
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SIERRA VIEW MAPPING
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16
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01: 38°00'37.8"-78°41'47.1"
ti ^' - 02 38°00'39.2"-78°41'49.9"
t ` f` _ ` 03: 38°00'34.0"-78641'57.3"
- .. " 1...,;e - ;6 `` a 04: 38°00.29.2" a8°4r56.0"
05: 38°00'29.0"-78°41'49.9"
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06: 38°00'33.5"-78°41'47.3"
07: 38°00'42.1"-78641*4162"
�' ,. ...`?'•: ,� 08: 38500'41.8"-78041*4468"
09: 38000'39.1"-78041'44.4"
10: 38°00'39.2"-78041'41.2"
11: 38°00'32.5"-78641'38.9"
!r ' 12: 38°00'23.5"-78°41'50.0"
•�'- 13: 38°00'21.3"-78°41'41.8"
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14: 38°00'23.0"-78°41'34.9"
38*00'19.9"-78°41'32.9"
16: 38*00'16.7"-78°41'39.7"
17: 38°00'11.6"-78°41'42.2"
18: 38°00'10.8"-78°41'38.0"
_� - .� _ ^• �y, ;:;j 19: 38°00'21.9"-78°41'26.4"
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Latitude (North)
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60
38 00'04.0586"
-78
42'37.8682'
61
38 00'04.7299'
-76
42'39.0455'
62
38 00'06.5187'
38 00'09.7796'
-78
-78
42'39.7329'
42'40.815B'
63
64
38 00*105105'
-78
42*41.5520'
65
38 00-11:5420"
-76
42'43.6143'
38 00*12.0738"
-78
42'43.5651'
67
38 00*13.2986'
-78
42'42.7231'
38 00'13.7690'
-78
42'42.0961'
so
38 00'150990'
-78
42'40.5623'
38 00'15:7903'
-78
42'39.4735'
71
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-78
42'38.0992'
72
DO'10.9018
-78
42'34.1749'
73
3388 00:21.0132:
30 00.22.3554
-78
-78
42'31.4260'
42'30.1413'
74
75
38 0025.5864'
-78
42'27.4663'
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EXHIBIT SHOWING
THE MILLER SCHOOL
ALBEMARLE COUNTY. VIRGINIA
SCALE : i" - 1000'
DATE : OCTOBER 22, 2016
PREPARED BY:
ROGER W. RAY & ASSOC.. INC.
SIERRA VIEW MAPPING
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