1111111 111111111I11111 11111 111111111111111111111111111111111
2001354093 Received and Recorded In the Office of the Clerk of the Circuit Court of Arlington County, Virginia Document Number: 2001354093
Book/Page:
3233/253
Clerk 10:
Document Type:
EASEMENT
Date Recorded:
12/20/2001
Grantor:
Text Paces:
8
Time Recorded:
12:27:52
Assumption Bal: $0.00
Plat Paces:
o
Document Date:
Received Of: NORTHERN VIRGINIA
Original Amount:
RECORDER RICHARDS
New Amount: $0.00
$0.00
Exempt Code:
CONSERVA nON
Actual Consideration:
Taxable Consideration:
$0.00
$0.00
(039) VA Tax:
$0.00
(213) Arlington Tax:
$0.00
(214) Falls Church Tax:
$0.00
(212) Arlington Transfer:
$0.00
(222) Falls Church Transfer:
$0.00
(038) Va Grantor:
$0.00
(220) Arlington Grantor:
$0.00
(223) Falls Church Grantor:
$0.00
(301) Clerks Fee:
$14.50
(145) VA Library:
$1.50
(106) Tech Fee:
$3.00 Document Total:
Arlington County, Virginia Clerk of the Courts Office This certificate annexed constitutes the Clerk's endorsement required by sections 17-59,17-79 and 58.1-802 of the code of Virginia. David A. Bell Clerk
$19.00
IMPORTANT: DO NOT DETACH THIS PAGE FROM THE DOCUMENT!
Cover Sheet required for document processing DO NOT REMOVE!
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November ~,200
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DEED OF CONSERVATION EASEMENT Exempted from recordation tax under the Code of Virginia, as amended.
rtus GIFT DEED OF GIFT CONSERVATION
EASEMENT is made this __ day of November, 2001 between Ellen P. Richards, Trustee under the Ellen P. Richards Revocable Trust dated October 13, 1992 (the "Grantor"), and the Northern Virginia Conservation Trust, formerly known as the Fairfax Land Preservation Trust (the "Trust"). RECITALS A. Pursuant to a revocable trust dated October 13, 1992, Grantor is the sole owner in fee simple of certain real property in Arlington County, Virginia, more particularly described in Exhibit A attached hereto and incorporated by this reference (the "Property"). Grantor warrants that the revocable trust, referenced in Deed Book 2579, at Page 0682 among the aforesaid County land records, has not been revoked and remains in full force and effect. B. The Property possesses natural, scenic, and open space values (collectively, "conservation values") of great importance to the Grantor, the people of Arlington County and the people of the Commonwealth of Virginia. These conservation values include, but are not limited to, large mature trees and park-like open space. These conservation values are further documented in an inventory of relevant features of the Property, dated July, 2000, on file at the offices of the Trust and incorporated by reference ("Baseline Documentation"). The parties agree that the Baseline Documentation provides an accurate representation of the Property at the time of this grant and which is intended to serve as an objective, though nonexclusive, information baseline for monitoring compliance with terms of this grant. C. The Grantor intends that the conservation values of the Property be preserved and maintained by the continuation of land use patterns existing at the time of this grant, that do not significantly impair or interfere with those values. D. The Grantor further intends, as owner of the Property, to convey to the Trust the right to preserve and protect the conservation values of the Property in perpetuity by granting this Conservation Easement to the Trust that will restrict use of the property by the Grantor (and any future owner of all or any portion of the
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Property) because of the imposition hereinafter expressed.
of the terms, conditions,
and restrictions
E. The Virginia Conservation Easement Act (Va. Code 10.1-1009, et seq.) declares that conservation easements serve a public purpose by 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, archeological aspects of real property. F. The Trust is a publicly supported, tax-exempt nonprofit organization, qualified under Section 501(c)(3) and 170(h) of the Internal Revenue Code, whose primary purpose is protecting the natural, cultural, and historic resources of Northern Virginia. The Trust is authorized to acquire and hold conservation easements under the Virginia Conservation Easement Act. G. The Trust agrees by accepting this Conservation Easement to honor the intention of the Grantor stated herein and to preserve and protect in perpetuity the conservation values of the Property for the benefit of this generation and the generations to come. NOW, THEREFORE, in consideration of the above and the mutual covenants, terms, conditions, and restrictions contained herein, and pursuant to the laws of the Commonwealth of Virginia and in particular the Virginia Conservation Easement Act, Grantor and the Trust agree as follows: 1. Incorporation of Recitals. The Recitals A through G, both inclusive, are by this reference incorporated herein and made a part hereof 2. Grant. Grantor hereby voluntarily grants and conveys to the Trust a conservation easement in gross over and the right in perpetuity to restrict the use of the Property of the nature and character and to the extent hereinafter set forth ("Conservation Easement"). 3. Purpose. The Conservation Easement shall be for the purpose of assuring that the Property will be retained forever in its existing natural, scenic and open space condition and to prevent any use of the Property that will significantly impair or interfere with the conservation values ofthe Property. 4. Restrictions. Any activity on or use of the Property inconsistent with the purpose of the Conservation Easement is prohibited. Without limiting the generality of the foregoing, the Conservation Easement is hereby granted subject to the following conditions, which shall apply to the Property:
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a. The Property shall be preserved in its basic existing state and permissible uses shall be limited to the following, and related purposes: private open space. b. The Property shall not be subdivided in any manner, now or hereafter. c. No building, structure, roadway, street or other improvements (including, without limitation, mobile homes) shall be built or permanently maintained on the Property. d. No trees with a chest-high trunk measurement greater than 12 (twelve) inches in diameter and located on the Property shall be removed or otherwise disturbed; provided, however, that the owner of the Property shall have the right to (i) prune, trim and maintain the trees, plants and other vegetation located on the Property, and (ii) remove any tree, plant or other vegetation which is determined to be diseased or which otherwise is a safety concern or threatens to defeat the purpose of preserving the Property. e. Accumulation of trash, refuse, junk:, or any other unsightly material is not permitted on the Property; provided, however, that this shall not be interpreted to require Grantor to locate and remove any preexisting material. f Display of billboards, signs, or other advertisements is not permitted on or over the Property except to state the name and/or address ofthe owners, to advertise the sale or lease of the Property, to prohibit hunting or trespassing, or to provide notice necessary for the protection of the Property and for giving directions to visitors. In no event shall such signage shall exceed three by three feet in size. 5. Grantor's Covenants. Grantor covenants on behalf of themselves, their personal representatives, heirs, successors and assigns, that the Property will only be used as provided herein. 6. Enforcement. The Trust shall have the right to enter upon the Property at reasonable times in order to monitor Grantor's compliance with and otherwise enforce the terms of this Conservation Easement; provided that such entry shall be upon prior reasonable notice to Grantor, and the Trust shall not unreasonably interfere with Grantor's use and quiet enjoyment of the Property. It shall be the right and duty of the Trust to take such action as the Trust, in its reasonable discretion, determines to be necessary or appropriate to enforce the covenants and restrictions set forth in this Conservation Easement and in connection with such enforcement the Trust shall be entitled to pursue any cause of action which may be available to the Trust at law or in equity to prevent or correct any breach, or threatened or potential breach, of such covenants and restrictions, including (without limitation) obtaining temporary and/or permanent injunctive relief to prevent or rectify any breach of this Conservation Easement. The Trust shall be entitled to recover damages for violation of the terms of this Conservation Easement or injury to any conservation values protected by this
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Conservation Easement, including, without limitation, damages for the loss of scenic, aesthetic, or environmental values. Without limiting the Grantor's liability therefor, the Trust, in its sole discretion, may apply damages recovered to the cost of undertaking any corrective action on the Property. Any forbearance by the Trust to exercise its rights under this Conservation Easement in the event of any breach of any term of this Conservation Easement by Grantor shall not be deemed or construed to be a waiver by Trust of such term or of any subsequent breach of the same or any other term of this Conservation Easement or any of the Trust's rights under this Conservation Easement. If any violation of any of the covenants and restrictions of this Conservation Easement occurs that is neither caused by nor authorized the Grantor, Grantor shall not be responsible for the costs to rectify the violation or any costs associated with the enforcement action. Nothing contained in this Conservation Easement shall be construed to entitle the Trust to bring any action against the Grantor for any injury to or change in the Property resulting from causes beyond Grantor's control, including without limitation, fire, flood, storm, and earth movement, or from any prudent action taken by the Grantor under emergency conditions to prevent, abate, or mitigate significant injury to the Property resulting from such causes. 7. Reserved Rights and. Duties. Grantor reserves to themselves" and to their personal representatives, heirs, successors, and assigns, all rights accruing from their ownership of the Property, including the right to engage in or permit or invite others to engage in all uses of the Property that are not expressly prohibited herein and are not inconsistent with the purpose of this Conservation Easement. The Grantor retains all responsibilities and shall bear all costs and liabilities of any kind related to the ownership, operation, upkeep and maintenance of the Property. The Grantor shall keep the property free of any liens arising out of any work performed for, materials furnished to, or obligations incurred by the Grantor. The Grantor shall pay before delinquency all taxes, assessments, fees, and charges of whatever description levied on or assessed against the Property by competent authority. 8. Control. Nothing in this Easement shall be construed as giving rise, in the absence of a judicial decree, to any right or ability in the Trust to exercise physical or managerial control over the day-to-day operations of the Property, or any of Grantor'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 and any similar statute of the Commonwealth of Virginia. 9. Subsequent Transfers. Grantor agrees to incorporate the terms of this Conservation Easement in any deed or other legal instrument by which Grantor divests itself of any interest in all or a portion of the Property, including, without limitation, a leasehold interest. Moreover, in any deed conveying all or any part ofthe Property, this Conservation Easement shall be referenced by Deed Book and Page Number in the deed of conveyance. Grantor further agrees to give written notice to the Trust, at the
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address below, of the transfer of any interest at least thirty (30) days prior to the date of such transfer. The failure of the Grantor to perform any act required by this paragraph shall not impair the validity of this Conservation Easement or limit its enforceability in any way. 10. Personal Representatives and Assigns. This Conservation Easement shall be binding upon the Grantor, their personal representatives, heirs, successors and assigns and any future owner of all or any portion of the Property, and shall constitute a servitude upon and touching the Property and shall continue as a servitude running in perpetuity with the Property. 11. Termination of the Trust. Whenever the Trust, or the successors or assigns thereof, shall cease to exist, this Conservation Easement and any right of enforcement, shall vest in the Virginia Outdoors Foundation. If the Foundation, or the successors or assigns thereof, shall cease to exist, this Conservation Easement and any right of enforcement shall vest in the Commonwealth of Virginia. 12. Condemnation. Ifthe Conversation Easement is taken, in whole or in part, by exercise of the power of eminent domain, the Trust shall be entitled to compensation in accordance with applicable law. 13. Assignment. This Conservation Easement is transferable, but the Trust may assign its rights and obligations under this Easement only to an organization that is a qualified organization at the time of transfer under Section 170 (h) of the Internal Revenue Code of 1954, as amended (or any successor provision then applicable), and the applicable regulations promulgated thereunder, and authorized to acquire and hold conservation easements under the Virginia Conservation Easement Act (or any successor provision then applicable). As a condition of such transfer, Grantor shall require that the conservation purposes that this Conservation Easement is intended to advance continue to be carried out in perpetuity on the Property. 14. Definitions. Whenever used herein, the term Grantor shall include the Grantor, her personal representatives, heirs, successors and assigns, and the term Trust shall include the Trust, its successors and assigns. The term "mature trees" shall refer exclusively to trees with a chest high measurement of twelve (12) inches or more. 15. Liberal Construction. Any general rule of construction to the contrary notwithstanding, this Conservation Easement shall be liberally construed in favor of the grant to effect the purpose of this Conservation Easement and the policy and purpose of the Virginia Conservation Easement Act. If any provision in this instrument is found to be ambiguous, an interpretation consistent with the purpose of the Conservation Easement that would render the provision valid shall be favored over any interpretation that would render it invalid.
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16. Severability. If any prOVISIon of this Conservation Easement, or the application thereof to any person or circumstance, is found to be invalid, the remainder of the provisions ofthis Conservation Easement, or the application of such provision to persons or circumstances other than those as to which it is found to be invalid, as the case may be, shall not be affected thereby. 17. Entire Agreement. This instrument sets forth the entire agreement of the parties with respect to the Conservation Easement and supersedes all prior discussions, negotiations, understandings, or agreements relating to the Conservation Easement, all of which are merged herein. 18. Captions. The captions in this instrument have been inserted solely for convenience of reference and are not a part of this instrument and shall have no effect upon construction or interpretation.
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IN WITNESS WHEREOF Grantor and the Trust have Conservation Easement as of the date and year :firstabove written.
executed
this
~1?{2;J~/ Ellen P. Richards, Grantor
ERV ATION TRUST, and Preservation Trust
......., •..••• .1'". Packard,
Chairman Gress:4022 Hummer Road Annandale, VA 22003
COMMONWEALTH OF VIRGINIA, COUNTY OF FAIRFAX, TO WIT: I, 1- OJV ~ f I+A-f'i , a Notary Public for the Commonwealth aforesaid, hereby certifies that Ellen P. Richards, Grantor, personally appeared before me this day and acknowledged the foregoing instrument. WITNESS my hand and official seal this I Lj -M day of November, 2001.
NotaryP~
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My commission expires:
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COMMONWEALTH OF VIRGINIA, .~OUN:r¥ -O ; F FAIRFAX, TO WIT: ~ ----.
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, a Notary Public for the Commonwealth aforesaid, hereby
: ~ :;:J:5ert~es i:1rat1eap R. Packard, Chairman of the Northern Virginia Conservation Trust, personally ::a,ppe1ked~fore:::me this day and acknowledged the foregoing instrument. ,.... ~ ...• -e»
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and official se~l this
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day of November, 2001.
Notary Public My comission expires:
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Exhibit A
Property Description: All that certain lot or parcel of land, Tax Map #04-011-425, situate in Arlington County, Virginia, described as follows: Outlot 84-A, Section 3, Crystal Spring Knolls, as more fully described in the Deed of Vacation recorded with plat attached in Deed Book 1664 at Page 225, among the Arlington County, Virginia land records; AND BEING the same property conveyed to the Grantor by Deed recorded in Deed Book 2579 at Page 0682, among the aforesaid County land records.
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