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HomeMy WebLinkAboutACE200700004 Deed of Easement 2009-07-15This document was prepared by Albemarle County Attorney County of Albemarle 401 McIntire Road Charlottesville, Vir -inia 22902 Tax Map and Parcel Numbers 09900- 00- 00 -036CO (89.883 acres) and 09900 -00 -00 -03800 (62.998 acres) This deed is exempt from taxation under Virginia Code § 68.1 -81 1(A)(3) and Clerk's fees under Firgulra Code § 17.1 -266. DEED OF EASEMENT THIS DEED OF EASEMENT, made this 7th day of February 2009, between PETER DUTNELL, hereinafter referred to as the "Grantor;" and the COUNTY OF ALBEMARLE, VIRGINIA, a political subdivision of the Commonwealth of Virginia, hereinafter sometimes referred to as the "County," and the ALBEMARLE COUNTY PUBLIC RECREATIONAL FACILITIES AUTHORITY, a public body established pursuant to Fiu ginia Code § 15.2 -5600 et seq., each of whose address is 401 McIntire Road, Charlottesville, Virginia, 22902; the County and the Albemarle County Public Recreational Facilities Authority are hereinafter collectively referred to as the "Grantees." WITNESSETH WHEREAS, the Grantor is the owner in fee simple of the real property located in Albemarle County that is described below and hereinafter referred to as the "Property;" WHEREAS, the Property contains 152.581 acres, more or less, in the aggregate; WHEREAS, the Grantor desires to establish an open -space conservation easement on the Property for the purpose of preserving such lands as open space in perpetuity in order to protect the values described herein and yield significant public benefits; WHEREAS, under the County's Acquisition of Conservation Easements ( "ACE ") Program, codified in Appendix: A.1 of the Albemarle Cou«fi Code, the County is authorized to acquire open -space conservation easements over qualifying properties in order to accomplish the purposes of the ACE Program and the Open -Space Land Act (1,irginict Code § 10.1 -1700 et WHEREAS, the Grantees' acquisition of this easement furthers the purposes of the ACE Program in that the acquisition, among other things, assures that Albemarle County's resources are protected and efficiently used, establishes and preserves open- space, preserves the rural character of Albemarle County. and Furthers the goals of the Albemarle Count ), Comprehensive Plan to protect Albemarle County's rnaturat, scenic and historic resources, promotes the continuation of a viable agricultural and forestal industry and resource base, protects Albemarle County's surface water and ground water supplies, and protects Albemarle County's agricultural lands as a resource base for its agricultural industries and for related benefits they contribute towards the County's rural character, scenic quality. natural environment, and fiscal health, WHEREAS_ the Virginia Open -Space Land Act ( hirginia Code ti 10.1 -1700 el seq. ) as amended, (hereinafter. the `Virginia Open -Space Land Act"). declares that purposes for providing and preserving open -space land under an easement authorized by the Virginia Open - Space Land Act include retaining or protecting natural or open -space values of real property, assuring its availability for agricultural, forestal, recreational, or open -space use, protecting natural resources, maintaining or enhancing air or water quality, or preserving the historical, architectural or archaeological aspects of real property, WHEREAS, the following goals and objectives of the Albemarle County Comprehensive Plan will be advanced by placing the Property under the Easement: maintaining the integrity of existing stream channels, with the intent to maintain both biological functions and drainage; protecting the availability and quality of surface drinking water supplies: protecting the availability and quality of groundwater resources, conserving ecological communities to ensure their continued genetic diversity, and to protect ecosystems that provide essential services to humans: and promoting the protection of those important open space lands that cannot be adequately protected through regulation: WHEREAS, for zoning purposes. the Property is located in a Rural Area as defined in the Comprehensive Plan, and is subject to taxation based on its use value as land devoted to agricultural, forest and open -space use: WHEREAS, the conveyance of this Easement over the Property will preserve the characteristics of the Property pursuant to certain clearly delineated state and local governmental conservation policies. and these policies are described in greater detail herein; WHEREAS, the Property has qualified for reduced taxation under the Albemarle County land use program pursuant to Chapter 32, Title 58.1 of the Code of 11irginia (§ 58.1 -3230 el seq., as amended): WHEREAS, the Property lies in the vicinity of several other parcels tinder open -space easement deeds and contributes to the open -space values of' the area containing such lands under easements, WHEREAS, the Property is within the Chesapeake Bay watershed and contributes in its undeveloped state to the water quality of the Chesapeake Bay and its watershed and to the goal set by the Governor of the Commonwealth of Virginia and the Administrator of the United States Environmental Protection Agency to conserve 432,535 acres of land in Virginia by the year 2010; in the Chesapeake 2000 Agreement, the Governor of' the Commonwealth of Virginia and the Administrator of the United States Environmental Protection Agency acknowledged "that future development will be sustainable only if we protect our natural and rural resource [and, limit impervious surfaces and concentrate new growth in existing population centers" and a goal of the Chesapeake 2000 Agreement is to "expand the use of voluntary and in arket- based nnechaniSills such as easements ... to protect and preserve natural resource lands;" WHEREAS, the Grantees are political subdivisions of the Commonwealth of Virginia and are "qualified organizations" and "eligible donees" under Section 170(h)(3) of the Internal Revenue Code of 1986, as amended (and corresponding provisions of any subsequent tax laws) ( "IRC ") and Treasury Regulation §1.170A-14(c)(1), and are willing to accept a perpetual conservation and open -space easement over the Property as herein set forth; WHEREAS, this Easement is intended to constitute (1) a "qualified conservation contribution" as defined in IRC Section 170(h)(1) as more particularly explained below. and (ii) a qualifying "interest in land" under the Virginia Land Conservation Incentives Act of 1999 (Vir(rinia Code § 58.1 -510 el seq.), and WHEREAS, this Easement is intended to be a grant "exclusively for conservation purposes" under 1RC Section 170(h)(i)(C) because it effects "the preservation of open space (including farnntand and forest land)" under IRC Section 170(h)(4)(A)(11'0. Specifically, tine preservation of open space on the Property is pursuant to clearly delineated state governmental conservation policies and will yield a significant public benefit; WHEREAS, this open -space conservation easement in gross constitutes a restriction granted ir1 perpetuity on the use which may be made of the Property, and is in furtherance of and pLU'suant to the clearly delineated governmental policies of Albemarle County, Virginia as set Forth in the Albemarle County Comprehensive Plan adopted on March _1 2005 (the "Comprehensive Plan "), to which plan the restrictions set forth in this deed conform: WHEREAS, the Property has twenty -eight (28) acres of land within the County's proposed Cook Mountain Overlay District (MOD), a district created to protect the economic, cultural, and natural resources of Albemarle County's mountains by keeping development off critical slopes and out of stream buffer areas and to protect habitats and watersheds, scenic and historic resources, and agricultural and forestal uses of the mountains; WHEREAS, the Property has approximately four thousand three hundred and sixty (4, X60) feet of common boundary with another permanently protected property, contains 107 acres of "prime" farm and forestland soils, establishes approximately two thousand (2,000) tinear feet of woodland and agricultural buffers to protect water quality, and has other attributes that justify its qualification under the ACE Program and the Open -Space Land Act; WHEREAS, the Property has a totat of fifteen (15) division rights, as that term is defined in Appendix A.I of the Albemarle County Code, which, if fully exercised, could result in the creation of fifteen (15) parcels and a total of fifteen (15) dwelling units (one on each parcel created), the Easement will protect the Property by providing that it will not consist of more than two (2) pareets, and will allow one additional principal dwelling, since one is existing at the time r of the granting of this Easement, and one (1) new accessory dwelling. thereby resulting in the f� ' extinguisluzient of the right to create twelve (12) parcels and establish twelve (12) dwelling units; WHEREAS, the Grantor and the County have entered into an agreement under the terms of which the County has agreed to pay the Grantor the total sum of one hundred and eighteen thousand dollars ($118,000) for this Easement. NOW, THEREFORE, in consideration of the recitals and the mutual benefits, covenants and terms herein contained, and for other good and valuable consideration, the receipt of which is hereby acknowledged, the Grantor hereby grants, conveys, covenants and agrees as foltows: t. GRANT AND CONVEYANCE OF EASEMENT. The Grantor hereby grants and conveys to the Grantees and their successors and assigns. with GENERAL WARRANTY AND ENGLISII COVENANTS OF TITLE. a conservation easement (the Easement) in gross over the 4 Property described below, restricting in perpetuity the use of the Property in the manner set forth herein: Parcel One: [Full legal description of Parcel 09900- 00 -00- 036C00 (89.883 acres)] Parcel Two: [Full legal description of Parcel 09900- 00 -00- 038000 (62.998 acres)] BEING the sauce property conveyed to the Grantor herein by Deed dated and recorded in the Albemarle County Circuit Court Clerk's Office in Deed Book , at page The Property is also identified in the County's tax snaps as Tax Map and Parcel. Numbers 09900- 00- 00- 036C00 (89.883 acres) and 09900- 00 -00- 038000 (62.998 acres) 2. USES AND ACTIVITIES. In order to accomplish the purposes of the ACE Program and the Open -Space Land Act (Virginia Code § 10.1 -1700 et seq.), all uses and activities on the Property shall conform to all applicable provisions of the Albemarle County Comprehensive Plan and comply with the applicable requirements of the Albemarle County Zoning Ordinance (Albemarle County Code, Chapter 18). Grantor covenants that no acts or uses that are inconsistent with the purpose of this Easement or the conservation values herein protected shall be conducted on the Property. Under no circumstance shall a use that is destructive of conservation interests be permitted untess such use is necessary for the protection of the conservation interests that are the subject of this Deed. The Property also shall be subject to the Following additional restrictions: A. Division of the Property and boundary tine adjustments. The Property may not be divided and its boundary lines may be adjusted only as provided herein: 1. Division. The Property is currently composed of two (2) parcels. The Property may be divided only between the two parcels currently existing. Neither parcel may be divided or subdivided. 2. Boundary line adjustments. The exterior boundary lines of the Property shall not be adjusted unless the property sharing the same boundary line is subject to a substantially equivalent conservation easement and the adjustment is approved in writing by each 5 Grantee. Boundary line adjustments within the Property shall be approved if the adjustment is consistent with the Easement. B. Construction. installation_ location. placement oi' structures and improvements. There shall be no construction, placement or maintenance of any structure or improvements on the Property unless the structure or improvements are either on the Property as of the date of this Easement or are authorized as follows: I Location of structures. Each new structure for which a building site is required shall be located on a building site shown on a site plan approved by the County. In addition. no dwellings, farm buildings or agricultural structures may be constructed above the 900 foot elevation contour interval, which is in the Cook Mountain Overlay District, with the exception of a rustic cabin or unless prior written consent is obtained from each Grantee. 2. Types of structures. In addition to one existing single - family dwelling unit (which may be renovated, remodeled or replaced with a principal dwelling of up to 7,000 square feet), no permanent or temporary buildings or structures may be built, maintained or replaced on the Property other Ilia": (1) one (1) additional single- family dwelling, not to exceed 7,000 square feet of above ground livable- space, unless prior written approval is obtained from each Grantee; and (ii) one (1) accessory dwelling, or dwelling unit such as a barn or garage apartment. Such accessory dwelling shall not exceed two thousand (2,000) square feet of above- ground enclosed living area and shall be subordinate and incidental to the principal single - family dwelling unit(s); and accessory non- residential structures that are customarily incidental and subordinate to a single - family residential use, that are located within three hundred feet (300') of the dwelling unit to which they are accessory, and that are neither designed, equipped nor furnished for sleeping or cooking, such as outbuildings, swimming pools, decking detached from the single - family dwelling units, gazebos, garages, and tool sheds; provided that outdoor grills. barbecues, ovens, and stoves are permitted; and (iv) farm buildings or structures, except that no farm building or structure shall exceed a structural footprint of 4,500 square feet unless prior written approval for a greater footprint is obtained from each Grantee. 6 3. Repair Reconstruction. or Replacement of Structures. Any structure permitted by this paragraph may he repaired_ reconstructed, or replaced in a manner that is consistent with this Easement if it is damaged, destroyed or demolished, provided that the repair, reconstruction or replacement of the structure is permitted by and complies with all applicable regulations. 4. Improvements. The following may be constructed, installed, located or placed, provided tile), are otherwise consistent with this Easement: (a) driveways and other improvements and facilities customary and related to the use of a single parcel; and (b) improvements and facilities related to a land division including, but not limited to, public streets or private roads, and drainage and other utility facilities required by the County. C. Commercial and industrial uses prohibited: description of uses not deemed to be commercial and industrial uses. No industrial or conunercial uses shall be conducted on the Property, provided, however, that the following uses are not deemed to be commercial or industrial uses for purposes of this Easement and are specifically permitted: 1. De minimis commercial recreational uses. 2. Agricultural uses including, but not limited to, establishing, reestablishing, maintaining or using cultivated fields, orchards or pastures (including clearing woodland areas for conversion to crop or pastureland) in accordance with generally accepted agricultural practices, including horticultural specialties; livestock, including att domestic and domesticated animals; and livestock products. Small -scale incidental conunercial or industrial operations related to the foregoing agricultural activities are permitted. 3. Forestal uses including, but not limited to, reforestation, site preparation, timber harvesting and other commercial forest management activities are permitted, provided the Grantor adheres to established Best Management Practices (as provided in subsection 2(F)); meets the requirements established for Riparian Agricultural Buffers (as provided in subsection 2(G)), and uses the best technical advice of a professional forester to maintain and improve the long -term health and productivity of the f0restland, if applicable. The processing of wood products is not a forestal use, except as an accessory use. The clearing of land for conversion to farmland or other agricultural uses, however, may be permitted. The Grantor shall notify the Grantees thirty (30) days before the anticipated start of any harvesting activity and seven (7) days prior to the anticipated completion of such harvesting activity. 7 4. Temporary or seasonal activities that do not permanently alter the physical appearance of the Property and are otherwise consistent with this Easement including. bUt not limited to, the sale of agricultural products grown or raised on the Property. and the granting of licenses to enter and use the Property for hunting or fishing. 5. Activities that can be and in fact arc conducted \vithin permitted buildings, without material alteration to the external appearance thereof, including, but not limited to, tOLIFISt lodging. For purposes of this Easement, the term "tourist lodging" means one or more rooms located withlll a single - family d\ \yelling \vhlch is actually used as such, which rooms are used Secondarily to such single - family use for the temporary accommodation of transients In return for compensation, \vhethei or not such rooms are used in conjunction with other portions of such dwelling, or as such term is hereafter defined in the Albemarle County Zoning Ordinance. 6. Uses subordinate aid customarily incidental to a principal use of the Property that are not expressly prohibited by and are otherwise consistent with this Basement. 7. Uses or activities not expressly excepted herein, but which are determined by each Grantee in writing not to be a commercial or industrial use, and to be consistent vvitll this Basement. In making this determination, the Grantees may consider, among other things, whether the scope of a use or activity excepted herein has evolved over time as a result of changes in the law or customary practices. D. Billboards and suns. There shall be no display of billboards, signs or other advertisements on the Property, except to: (1) state solely the name of the owners, the name of the farm, and /or the address of the Property, (2) advertise the sale or lease of the Property; (3) advertise the sale of goods or services produced as permitted by this Basement; (4) give directions to visitors; or (5) provide warnings pertaining to trespassing, hunting, dangerous conditions and other similar such warnings. No sign shall exceed twenty -four (24) square feet. E. Grading blasting earth removal and minim. Grading, blasting or earth removal shatl not materially alter the topography of the Property: provided that grading, blasting or earth removal shall be allowed for dam construction to create private conservation ponds or lakes, and during the construction of permitted structures or associated improvements. and that such activities employ applicable Best Management Practices. Common agricultural activities such as plowing, erosion control and restoration, and the burial of dead animals, are not activities that materially alter the topography of the Property. Mining on the Property is prohibited. 8 F. Management of forestal resources. Applicable Best Management Practices, as established by a responsible state agency_ shall be used in all forestal activities to control erosion and protect water quality. G. Riparian Buffers. 1 . Riparian Woodland Buffers. To protect water quality, a fifty (50) foot wide permanently wooded buffer shall be maintained along the perennial woodland stream identified on the attached map labeled Attachment A. On segments of this stream where the riparian woodland is less than 50 feet in width, the buffer shall consist of both existing woodland (at the time this easement is granted) and agriculturall land within 50 feet of the designated perennial stream. The buffer shall be measured from the top of the stream bank. In order to maintain the ecological values of the Woodland Buffer, indigenous vegetation shall be preserved, or be allowed to evolve by natural succession where it does not exist, to the maximum extent possible. The target vegetative cover within the Woodland Buffers shall be indigenous herbaceous, shrub and tree canopy layers. Within the Woodland Buffers, the Grantor may remove or control, as appropriate: (1) dead, diseased and dying trees; (ii) vegetation that is determined to be an "invasive species," as such species shall be determined by reference to the appropriate federal or state agency list available at the time of removal or control; (iii) vegetation to control insect and disease infestations and to prevent personal injury or property damage: and (iv) fallen trees that are blocking stream charmels, or trees with undermined root systems in imminent danger of falling, where stream bank erosion is a current or potential problem that outweighs any positive effects the fallen tree or trees may have on the stream ecosystem. Prior to removing any indigenous vegetation (including herbaceous, shrub and tree canopy layers), the Grantor shall confer with the Grantees to agree on the extent and method of vegetation removal. The Grantees may require mitigation of the removal of indigenous vegetation Nvith the planting of comparable indigenous vegetation. The Grantor shall not plant any non- indigenous species of ground covers, shrubs or trees. Trails for pedestrians or horses may be constructed with the prior written consent of, and according to designs approved by, the Grantees, all such traits shall be maintained to effectively control erosion. Trails existing at the time of the. granting of this Basement may remain, provided that they are maintained to effectively control erosion. The purpose of this paragraph is not to require the establishment or creation of new Woodland Buffers where they do not currently exist, but rather to maintain Woodland Buffers that already A exist at the time this Easement is recorded. The approximate location of all riparian woodland huffers is shown on the map attached labeled Attachment A. 2. Riparian A gricultural Buffers. To protect water duality, there shall be no plowing, cultivation or other earth disturbing activity in a fifty (50) foot wide buffer strip, except as set forth below, along the edges of all perennial streams that are adjacent to open, agricultural land. The Agricultural Buffers shall be measured from the top of the stream or river bank as measured horizontally from the top of each hank. Within these buffer strips, there shall be no buildings or other structures constructed, no storage of compost, manure, fertilizers, chemicats, machinery or equipment, and no cultivation or other earth- disturbing activity conducted_ except as may be reasonably necessary for (i) stream bank restoration and erosion control pursuant to a 11 government permit. (ii) reforestation, (iii) fencing along or within the buffer area, and (iv) �0i t� provided the water - quality protection function of the buffer is not impaired, removal of trees ��30 k.'presenting a danger to persons or property and removal of diseased, dead or non- native invasive (!D N. f. ;� � trees, shrubs or plants. Trails for pedestrians or horses may be constructed with the prior written (JA 1� consent of, and according to designs approved b y, the Grantees; all such trails shall be maintained to effectively control erosion. Trails existing at the time of the granting of this Easement may remain, provided that the), are maintained to effectively control erosion. Mowing within buffer areas is permitted. The approximate location of all riparian agricultural buffers is shown on the map attached labeled Attachment A. H. Accumulation of waste material. There shall be no accumulation or dumping of trash, refuse or junk on the Property. This restriction shall not prohibit customary agricultural, horticultural or wildlife management practices including, but not limited to, establishing brush, compost or manure piles, or the routine and customary short -term accumulation of household trash. 3. MISCELLANEOUS PROVISIONS A. No public right of access to Property. This Easement does not create, and shall not be construed to create, any right of the public to enter upon or to use the Property or any portion thereof, except as the Grantor may otherwise allow. B. Easement applies to the whole Property and runs with the land. This Easement shall apply to the Property as a whole rather than to individual parcels. and shall run with the 10 land and be binding upon the parties, their successors, assigns, personal representatives, and heirs. C. Enforcement. In addition to any remedy provided by taw to enforce the terms of this Easement, the parties shall have the following rights and obligations: 1 . Monitoring. Representatives of either Grantee may enter the Property from time to time for the purpose of inspection and enforcement of the terms of this Easement after permission from or reasonable notice to the Grantor or the Grantor's representative. 2. Restoration. Upon any breach of any term of this Easement by the Grantor, either Grantee may require by written demand to the Grantor that the Property be restored promptly to its condition at the time the Easement was granted. 3. Documentation of condition. Documentation is retained in the offices of the County that describes the condition and character of the Property at the time this Easement was granted. This documentation may be used to determine compliance with and enforcement of the terms of this Easement. However, neither the Grantor nor the Grantees are precluded from using other relevant evidence or information to assist in that determination. 4. Action at law inadequate remedy. It is conclusively presumed that an action at law seeking a monetary remedy is an inadequate remedy for an), breach or violation, or any attempted breach or violation, of any term of this Easement. 5. Failure to enforce does not waive right to enforce. The failure of either Grantee to enforce any term of this Easement shall not be deemed a waiver of the right to do so thereafter, nor discharge nor relieve the Grantor from thereafter comptying with any such tern. 6. No third party right of enforcement. Nothing in this Easement shall create any right in the public or any third party to maintain any suit or action against any party hereto. D. No buy -back option. The Grantor shall not have the option to reacquire any property rights relinquished by this Easement. E. Notice of proposed transfer or sale. The Grantor shall notify each Grantee in writing at the time of closing on any transfer or sale of the Property. In any deed conveying all or any part of the Property, this Easement shall be referenced by deed book and page number in the deed of conveyance and shall state that this Easement is binding upon all successors in interest in the Property in perpetuity. T. Relation to applicable laws. This Easement does not replace, abrogate or otherwise supersede any federal, state or local laws applicable to the Property. G. Reference to existing laws. All references to existing laws shall include such laws as they may be hereafter amended or recodified, whether they are referenced herein or not. H. Severability. tf any provision of this Easement is determined to be invalid by a court of competent jurisdiction, the remainder of this Easement shall not be affected thereby. t. Recordation. Upon execution by the parties, this Easement shalt be recorded with the record of land titles in the Clerk's Office of the Circuit Court of Albemarle, Virginia. .l. Authorit to convey easement. The Grantor covenants that he is vested with good title to the Property and may convey this Easement. K. Authority to accept easement. The Grantees are authorized to accept this Easement pursuant to Virginia Code § 10.1 -1701. The County, acting by and tlu-ough its County Executive, duly authorized by resolution adopted by the Board of Supervisors of the Count), of Albemarle, Virginia, accepts the conveyance of this property pursuant to 1lirginia Code § 15.2- 1803.. as evidenced by the County Executive's signature hereto and the recordation of this Deed. L. Transfer- of easement by grantees. Neither Grantee nor their successors or assigns may convey or Iease this Easement unless the conveyance or lease is conditioned as follows: (1) the conveyance or lease are subject to contractual arrangements that will assure that the Property is subject to the restrictions and conservation purposes set forth in this Easement, in perpetuity; and (2) the transferee is an organization then qualifying as an eligible donee as defined by section 170 - (11)(3) of the Internal Revenue Code of 1986, as amended, and the applicable Treasury Regulations promulgated thereunder, or is a public body within the meaning of Virginia Code § 10.1 -1700. M. Extinguishment. The Grantor and the Grantees intend that this Easement be perpetual and not be extinguished, and extinguishment of this Easement is not permitted under the Open -Space Land Act, Virginia Code `; 10.1 -1700 et seq. except as provided in Virginia Code § 10.1 -1704. The Grantor and the Grantees agree that this Easement shall not be converted or diverted, as the Open -Space Land Act employs those terms, until and unless the Grantees or an assignee of the Grantees' interest in this Easement, certifies that such conversion or diversion satisfies the requirements of the Open -Space Land Act. The Grantor agrees that the grant of the perpetual conservation restriction in this Easement gives rise to a property right, immediately 12 vested in the Grantees, with a fair market value that is at least equal to the proportionate value that the perpetual conservation restriction at the time of the grant bears to the value of the Property as a whole at that time. if a subsequent unexpected change in the conditions surrounding the Property makes impossible or impractical the continued use of the Property for the conservation purposes specified herein, the restrictions set forth in the Easement can be extinguished only by a judicial proceeding and only if such extinguishment also complies with the requirements of fiir, inia Code § 10.1 -1704. In any sale or exchange of the Property subsequent to such extinguishment, the Grantees shall be entitled to a portion of the proceeds at least equal to the proportionate value of the perpetual conservation restriction computed as set out above, but not to be less than the proportionate value that the perpetual conservation restriction at the time of the extinguislunent bears to the then value of the Property as a whole. At the time of the grant, the proportionate value of the Easement ($118,000.00) is 11.03% of the appraised fair market value ($1,070,000.00) of the Property. The Grantor and the Grantees agree that, in the event of extinguishment of the restrictions of this Easement that results in the receipt of monetary proceeds by the Grantees or an assignee of the Grantees' interests in this Easement in compensation for the loss of such property interest, the County shall use its entire share of the proceeds from the sale of such property in a manner consistent with the conservation purposes of this Easement and of the Open -Space Land Act. N. No warranty by grantees as to qualification for charitable gift. The Grantor and the Grantees 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 26 C.F.R. § 1.170A- 13(c)(5)), and that the appraisal is subject to review, audit and challenge by all appropriate tax authorities. The Grantees make no express or implied warranties regarding whether any tax benefits will be available to the Grantor from this Easement, whether any such tax benefits might be transferable, or whether there will be any market for any tax benefits that might be transferable. 0. Construction. This Easement shall be construed to promote the purposes of this Easement, the ACE Program, and the Open -Space Land Act. P. Counterparts. This Easement may be executed in one or more counterpart copies, each of which, when executed and delivered, shall be an original, but all of which shall constitute 1 3 one and the same Easement. Execution of this Easement at different times and in different places by the parties hereto shall not affect the validity thereof. O. Consent of trustee and beneficiary to subordinate lien. By deed 01' trust dated . of record in said Clerk's Office in Deed Book , page . the Grantor conveyed the subject Property to and Trustees, to secure an outstanding obligation owed to , Beneficiary. Pursuant to the authorization of the Beneficiary, as evidenced by its signature llereto, the Trustee joins in this deed to subordinate the lien of such deed of trust to the easement conveyed hereby. Q. Release of Augmented Estate. The Additional Grantors join herein solely to release any claim lie or she may have in the future to the Property described in the Deed of Easement as part of his or her spouse's augmented estate under fiirginiu Code §§ 64.1 -16 to 64.1 -16.4. WITNESS the following signatures and seals. GRANTOR (SEAL) Peter Dutnell COMMONWEALTH OF VIRGINTIA CITY /COUNTY OF The foregoing Deed of Eas-emenl was signed, sworn to and acknowledged before me this day of 200 , by Peter Dutnell. Grantor. My Commission Expires: Notary Registration No. Notary Public 14 COUNTY OF ALBEMARLE, VIRGINIA By: Robert W. Tucker, Jr. County Executive COMMONWEALTH OF VIRGINIA CITY /COUNTY OF ALBEMARLE COUNTY PUBLIC RECREATIONAL FACILITIES AUTHORITY By: Charlotte D Chairman Buttrick The foregoing Deed of Easennent was signed, sworn to and acknowledged before me tills day of by Robert W. Tucker, Jr., . County Executive, on behalf of the County of Albemarle, Virginia, Grantee. Notary Public My Commission Expires: Registration number: COMMONWEALTH OF VIRGINIA CITY /COUNTY OF The foregoing Deed of Eusenwni was signed, sworn to and acknowledged before me this day of by Charlotte D. Buttrick, Chairman, on behalf of the Albemarle County Public Recreational Facilities Authority, Grantee. My Commission Expires: Approved as to form: By: County Attorney Notary Public 15