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)