Sample Easement

Revised October 5, 2000

 

Virginia Outdoors Foundation

Exempted from recordation tax

under the Code of Virginia (1950), as amended,

Sections 58.1-811 (A) (3), 58.1-811 (D) and 10.1-1803

 

 

THIS DEED OF GIFT OF EASEMENT, made this _______ day of __________, 2000, between ________________________________________________, herein called the “Grantors”, the VIRGINIA OUTDOORS FOUNDATION, an Agency of the COMMONWEALTH OF VIRGINIA, herein called the “Grantee”, whose address is 203 Governor Street, Suite 317, Richmond, VA.  23219 and, ___________________________________________________, herein called the Bank.

 

WHEREAS, the Open Space Land Act of 1966 (Chapter 17, Title 10.1, §§10.1-1700 to 10.1-1705 of the Code of Virginia, as amended) declares that the preservation of open-space land serves a public purpose by promoting the health and welfare of the citizens of the Commonwealth by curbing urban sprawl and encouraging more desirable and economical development of natural resources, and authorizes the use of easements in gross to maintain the character of open-space land; and

 

WHEREAS, Chapter 18, Title 10.1 of the Code of Virginia (§§ 10.1-1800 to 10.1-1804, as amended) declares it to be the public policy of the Commonwealth to encourage preservation of open-space land and authorizes the Virginia Outdoors Foundation to hold real property or any estate or interest therein for the purpose of preserving the natural, scenic, historical, scientific, open-space and recreational lands of the Commonwealth; and

 

WHEREAS, (REFERENCE PARTICULAR SIGNIFICANT RESOURCES OR SPECIFIC ATTRIBUTES OF LAND)

 

WHEREAS, (REFERENCE PUBLIC POLICY PERTAINING TO THE CONSERVATION RESOURCES OF THE PARCEL(S))

 

WHEREAS,  (INSERT OTHER STATUTORY REFERENCES OR REFERENCES TO CITY OR COUNTY PUBLIC LAND USE PLAN, IF APPLICABLE)

 

WHEREAS, the Grantors are the owners in fee simple of the real property hereinafter described, which they desire preserved as open-space land in the public interest.

 

NOW, THEREFORE, in recognition of the foregoing and in consideration of the mutual covenants herein and the acceptance hereof by the Grantee, the Grantors do hereby grant and convey to the Grantee an open-space easement in gross over, and the right in perpetuity to restrict the use of, the real estate consisting of ________ acres described below, located in ___________ Magisterial District, ___________ County, Virginia near _____________, fronting on State Route(s)_________________, and hereinafter referred to as the "Property:"

 

[PROPERTY DESCRIPTION]

________________________________________________________________________

 

________________________________________________________________________

 

________________________________________________________________________

 

 

The above-described tracts are shown as parcel(s) ____________ and ________ on Tax Map ________ among the land records of _______ County and total ____ acres in the aggregate.   The Property shall be considered to be one parcel for the purposes of this easement, and the restrictions and covenants of this easement shall apply to the Property as a whole rather than to such individual parcels.

 

 

AND SUBJECT, HOWEVER, to the restriction that the Grantee or its successors and assigns may not transfer or convey the open-space easement herein conveyed to the Grantee unless the Grantee conditions such transfer or conveyance on the requirement that (1) all restrictions and conservation purposes set forth in the conveyance accomplished by this deed are to be continued in perpetuity, and (2) the transferee is an organization then qualifying as an eligible donee as defined by section 170(h)(3) of the Internal Revenue Code of 1986, as amended, and the applicable Treasury Regulations promulgated thereunder.

 

This conveyance is further made subject to all matters of record that may affect the Property.

 

            Restrictions are hereby imposed on uses of the Property pursuant to the public policies set forth above.  The acts which the Grantors, their heirs, successors, personal representatives and assigns, covenant to do and not to do upon the Property, and the restrictions which the Grantee is hereby entitled to enforce, are and shall be as follows;

 

1.   Accumulation or dumping of trash, refuse, or junk is not permitted on the Property.  This restriction shall not prevent generally accepted agricultural or wildlife management practices, such as creation of brush piles, composting, or the storage of farm machinery, organic matter, agricultural products or agricultural byproducts on the Property, as long as such practices are conducted in accordance with applicable governmental laws and regulations.

 

2.   Display of billboards, signs, or other advertisements is not permitted on or over the Property except to state the name and/or address of the owners, to advertise the sale or lease of the Property, to advertise the sale of goods or services produced incidentally to a permitted use of the Property or to provide notice necessary for the protection of the Property and for giving directions to visitors.  No such sign shall exceed nine square feet in size.

 

3.      Division or subdivision of the Property in any manner is prohibited. 

3 (alternate). The Property may not be divided or subdivided into more than _____ parcels. (See VOF Guidelines for variations based on parcel size.) 

 

4.   Management of forest resources, including commercial timber harvest, shall be in accord with a forest stewardship plan approved by the Grantee.  All forestry activities shall be carried out so as to preserve the environmental and scenic qualities of the area.  Best Management Practices, as defined by the Virginia Department of Forestry, shall be used to control erosion and protect water quality when any material forestry activity is undertaken. The Grantors, or their successors and assigns, shall notify the Grantee no later than 30 days prior to the start of any material forest activity as well as within 7 days of its completion.  (Optional language: The primary objective(s) of the forest stewardship plan shall include (use those that apply) management of woodlands to provide wildlife habitat, forest stand management to maintain the health of the forest, maintenance of a scenic forest, protection of rare or unique natural areas, management of timber for income, soil and water conservation, preservation of historical and cultural resources, etc.)

 

5.   Grading, blasting or earth removal shall not materially alter the topography of the Property except for dam construction to create private ponds or lakes, or as required in the construction of permitted buildings, connecting private roads, and utilities as described in Paragraph 6. Generally accepted agricultural activities shall not constitute any such material alteration.  Best Management Practices, in accordance with the Virginia Erosion and Sediment Control Law, shall be used to control erosion and protect water quality in the construction of permitted private roads. Notwithstanding the foregoing, no grading, blasting, or earth removal is permitted on the Property if it will materially diminish or impair the conservation values protected by this Easement.   Mining on the Property is prohibited.

 

6.   No permanent or temporary building or structure shall be built or maintained on the Property other than (i) a single family dwelling and non-residential outbuildings or structures commonly and appropriately incidental thereto, (ii) ______ secondary dwellings and non-residential outbuildings commonly and appropriately incidental thereto, and (iii) farm buildings or structures.  Farm buildings or structures exceeding _________ square feet in ground area may not be constructed on the Property unless prior written approval for said building or structure is obtained in writing from Grantee.  [VOF staff will assess characteristics of the Property and work with landowner to determine an appropriate number between 4,500 and 10,000 square feet for farm building review threshold.]  Grantee’s approval shall be limited to consideration of the impact of the size, height and siting of the proposed structure on the conservation values of the Property.  Private roads and utilities that serve permitted buildings or structures may be constructed.  In the event of subdivision of the Property as provided in Paragraph 3 above, permitted buildings or structures, connecting private roads and utilities may be constructed on each parcel.

 

7.   Industrial or commercial activities other than the following are prohibited: 1. agriculture, viticulture, aquaculture, silviculture, horticulture, and equine activities,  2. temporary or seasonal outdoor activities which do not permanently alter the physical appearance of the Property, and which are consistent with the conservation values herein protected,  3. activities which can be and in fact are conducted within permitted buildings without material alteration to the external appearance thereof.  Temporary outdoor activities involving 100 or more people shall not exceed seven days in duration unless approved by the Grantee in advance in writing.  [Optional additional language pertaining to American Farm and Ranch Protection Act: Notwithstanding any other provision of this easement, no commercial recreational use (except for de minimis commercial recreational uses) shall be allowed on the Property.]

 

 

8.   Representatives of the Grantee may enter the Property from time to time for purposes of inspection and enforcement of the terms of this easement after permission from or reasonable notice to the owner or the owner's representative.

 

9.   The Grantors, their heirs, successors, personal representatives and assigns, shall notify the Grantee in writing within 60 days following any transfer or sale of the Property or any part thereof.  In any deed conveying all or any part of the Property, this easement shall be referenced by Deed Book and Page Number.

 

 

 

(If applicable)

______________________, herein, the Bank, is the Noteholder under a certain Deed of Trust dated _____________ and recorded in the Clerk's Office of the Circuit Court of __________ County, Virginia in Deed Book ________ at Page ______ ,which subjects the Property to the Bank's lien.  The Bank and the Trustee(s) (under said Deed of Trust), hereby consent to the terms and intent of this easement, and agree that the lien represented by said Deed of Trust shall be held subject to this Deed of Gift of Easement.

 

Although this easement in gross will benefit the public as described above, nothing herein shall be construed to convey to the public a right of access to or, use with respect to the Property.   The Grantors, their heirs, successors, personal representatives and assigns, hereby retain the exclusive right to such access and use, subject to the terms hereof.

 

Acceptance of this conveyance by the Grantee is authorized by Section 10.1-1801 of the Code of Virginia and is evidenced by the signature of its Executive Director hereto.  Assignment of this easement is governed by Section 10.1-1801 of the Code of Virginia.

 

WITNESS the following signatures and seals.

 

_______________________

Grantor

_______________________

Grantor                       

 

Bank:

 

______________________, Trustee                                                   By: ___________________________

 

______________________, Trustee                                                   Its: ____________________________

 

 

 

 

 

Accepted:

VIRGINIA OUTDOORS FOUNDATION,

 

By:       __________________________________

Tamara A. Vance, Executive Director

 

 

 

 

 

 

 

 

 

COMMONWEALTH OF VIRGINIA,

CITY/COUNTY OF ______________________, TO WIT:

 

            I, _____________________________, a Notary Public for the Commonwealth

aforesaid, hereby certify that _______________,  Grantor, personally appeared before

me this day and acknowledged the foregoing instrument.

            WITNESS my hand and official seal this ________ day of _________, 2000.

 

___________________________

Notary Public

My commission expires: ______________________(SEAL)

COMMONWEALTH OF VIRGINIA,

CITY/COUNTY OF ______________________, TO WIT:

 

            I, _____________________________, a Notary Public for the Commonwealth

aforesaid, hereby certify that _______________,  Grantor, personally appeared before

me this day and acknowledged the foregoing instrument.

            WITNESS my hand and official seal this ________ day of _________, 2000.

 

___________________________

Notary Public

My commission expires: ______________________(SEAL)

 

 

 

 

 

COMMONWEALTH OF VIRGINIA,

CITY/COUNTY OF _____________________________, TO WIT:

 

            I, __________________________________, a Notary Public for the

Commonwealth aforesaid, hereby certify that Tamara A. Vance, Executive Director of the

Virginia Outdoors Foundation, personally appeared before me this day and acknowledged

the foregoing instrument on behalf of the Virginia Outdoors Foundation.

            WITNESS my hand and official seal this ________ day of ______________, 2000.

 

___________________________

Notary Public

My commission expires: _____________________(SEAL)

 

 

 

 

COMMONWEALTH OF VIRGINIA,

CITY/COUNTY OF _________________________, TO WIT:

 

            I, _________________________, a Notary Public for the Commonwealth

aforesaid, hereby certify that __________________, as ________________

of __________________________ personally appeared before me this day and

acknowledged the foregoing instrument.

            WITNESS my hand and official seal this _________ day of _____________, 2000.

 

_____________________________

Notary Public

My commission expires: __________________(SEAL)

 

 

 

 

COMMONWEALTH OF VIRGINIA,

CITY/COUNTY OF ___________________________, TO WIT:

 

            I, __________________________, a Notary Public for the Commonwealth

aforesaid, hereby certify that _____________________, as Trustee, personally

appeared before me this day and acknowledged the foregoing instrument.

            WITNESS my hand and official seal this ________ day of ______________, 2000.

 

_________________________

Notary Public

My commission expires: __________________(SEAL)