HomeMy WebLinkAbout12-21 Solar Facility Siting Agreement2
contained herein, the receipt and sufficiency of which are hereby acknowledged, the County and
Applicant do hereby agree as follows:
1. CUP Conditions. The Applicant acknowledges and agrees that it is subject to all the
terms and conditions contained in the conditional use permit (“CUP”) approved by the Board for the
Project on January 12, 2022, attached hereto as Exhibit A and incorporated herein. Violation by the
Applicant or by any of Applicant’s agents, assigns or successors in interest of any terms and conditions
of the CUP or of any other applicable zoning requirements shall constitute a violation of this Agreement.
2. Grant of Conservation Easement. Applicant has offered, and County has accepted
Applicant’s offer, to grant the Frederick County Conservation Easement Authority a conservation
easement (“Conservation Easement”) on the Property in accordance with the terms of the Conservation
Easement Deed attached hereto as Exhibit B. Applicant also has offered, and County has accepted
Applicant’s offer, to extinguish any right to transfer development rights pursuant to Article III of the
of the Frederick County Zoning Ordinance (“Zoning Ordinance”). The Conservation Easement and
the extinguishment of any transfer of development rights are subject to (a) the County’s issuance of a
CUP acceptable to Applicant, (b) the Project achieving Commercial Operation and (c) such other terms
set forth herein, including without limitation, Exhibit B.
3. Separation of Property and Equipment. For purposes of any taxation by the County, the
Project shall be treated as separate class of property from the associated real property or any other
personal property, as set forth in Virginia Code § 58.1-3660(A).
4. Annual Valuation and Taxation of Real Property. In recognition of Applicant granting
the Conservation Easement to the County and extinguishing any right to transfer development rights,
County acknowledges that, for purposes of determining assessed value, the portion of the Property
where the land is not improved with solar infrastructure, and which is placed in Conservation Easement
as contemplated herein, will be eligible for agricultural land use taxation treatment in accordance with
County policy, notwithstanding the existence of the Project on other portions of the Property. The
County further acknowledges that the extinguishment of rights to transfer development rights on the
entire Property, as a matter of County policy, is taken into consideration when calculating the assessed
value of the Property. The applicable tax rate for the Property shall be the County real estate tax rate.
5. Annual Valuation and Taxation of Equipment.
(a) Prior to the Commercial Operation Date, Applicant agrees to provide County
with a detailed list of capital equipment, including but not limited to solar photovoltaic equipment
proposed to be installed, regardless of whether it has yet been certified as pollution control equipment
by the State Corporation Commission or Virginia Department of Environmental Quality, and lists of
all other taxable tangible property. Thereafter, on an annual basis, Applicant shall provide County with
any updates to this information, including but not limited to all new or replacement solar panels and all
other equipment. Applicant agrees to provide the County all information it may in the future provide
to the Virginia State Corporation Commission for the Commission’s use in valuing such property for
taxation purposes. In addition, prior to the Commercial Operation Date, Applicant shall provide proof
of payment for all components of the Project installed prior to the Commercial Operation Date.
Applicant shall further submit proof of payment for any additional or replacement component installed
during the life of the Project, proof of which shall be updated annually on or before the anniversary of
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the Commercial Operation Date, and if no such component is installed in any given year, notice of such
shall also be filed with the County on or before the anniversary of the Commercial Operation Date. The
sum value of the capital equipment of the Project determined in accordance with this Section 5(a) shall
be referred to as the “Assessed Value”. As used herein, “Commercial Operation” shall mean the date
the Applicant commences the regular sale of electricity (excluding any test energy) generated from the
Project.
(b) In calculating the M&T Tax payable by the Applicant, the County shall reduce
the Assessed Value of the Project by the percentage set forth in Virginia Code § 58.1-3660(G)(ii)
(“Pollution Control Tax Abatement”).
(c) The annual tax payable by the Project shall be calculated by multiplying (i) the
Assessed Value by (ii) Pollution Control Tax Abatement and then multiplying the product thereof by
(iii) the Depreciation Percentage and then multiplying the product thereof by (iv) the M&T Tax rate.
(d) As of the date of this Agreement, the County has not adopted a Revenue Share
Ordinance as provided under Virginia Code § 58.1-3660 (D), and the payments under this agreement
are not conditioned upon the County adopting such ordinance. Should the County later adopt a Revenue
Share Ordinance, the County acknowledges that Applicant shall have the option, in its sole discretion,
to elect to be taxed in accordance with any such Revenue Share Ordinance. County shall notify
Applicant in writing within 30 days of adopting any Revenue Share Ordinance, after which Applicant
shall have 30 days to elect to pay taxes in accordance with such Revenue Share Ordinance.
6. Statutory Structure of Payments; Statement of Benefit. The Parties agree that
by entering into this Agreement, pursuant to Virginia Code § 15.2-2316.6 et seq., the payments set
forth in Sections 4 and 5 above are authorized by statute. County acknowledges that it is bound by law
to assess taxes only as set forth in Sections 4 and 5 above. Applicant acknowledges that it is bound to
pay taxes assessed by the County in accordance with Sections 4 and 5 above. County shall assess no
other taxes on the Project, or Applicant in relation to the Project, other than as expressly set forth herein.
The Parties acknowledge that this Agreement is fair and mutually beneficial to them both. The County
further acknowledges that the use of the Property for the Project, the Applicant’s grant of the
Conservation Easement over the Property and the extinguishment of the right to transfer development
rights provide substantial benefit to the County in preserving the rural nature of the County and
furthering the efforts of the Frederick County Conservation Easement Authority. Applicant
acknowledges that this Agreement is beneficial to Applicant in allowing it to proceed with the
development of the Project.
7. Conformance with Comprehensive Plan. Upon approval of this Agreement by
the Board, the Project shall be deemed to be “substantially in accord” with the Frederick County
Comprehensive Plan in all respects. No further finding shall be required by the County Planning
Commission pursuant to Virginia Code § 15.2-2232(A).
8. Effect of Agreement
a. In accordance with Virginia Code § 15.2-2316.9(B), and as acknowledged and
agreed to by the Parties, the terms of this Agreement shall control over any County ordinance(s)
and/or regulation(s) that may be inconsistent with the terms of this Agreement. However, nothing
shall be construed to exempt the Applicant from any applicable requirement to obtain approvals and
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permits under federal, state, or local ordinances and regulations.
b. In accordance with Virginia Code § 15.2-2316.8(A)(3), and acknowledged and
agreed to by the Parties, this Agreement shall be binding upon the County, the Board, and enforceable
against the Board and future governing bodies of the County in any court of competent jurisdiction.
c. This Agreement is expressly conditioned upon the Board’s approval of a CUP
authorizing the use of the Property as a utility-scale solar facility on terms acceptable to the Applicant.
9. Term; Termination. This Agreement shall commence on the Effective Date and
shall continue until the Termination Date. The “Termination Date” shall be the earlier of (a) the
date the Project is “Decommissioned” in accordance with Va. Code Ann. § 15.2-2241.2 and (b) the
date Applicant provides written notice to County that it is abandoning the development of the Project.
The termination of this Agreement shall not limit the Applicant’s legal obligation to pay local taxes in
accordance with applicable law at such time and for such period as the Project remains in operation.
10. Mutual Covenants. The Applicant covenants to the County that it will not
seek to invalidate this Agreement, or otherwise take a position adverse to the purpose or validity
of this Agreement. So long as Applicant is not in breach of this Agreement during its term, the County
covenants to the Applicant that it will not seek to invalidate this Agreement or otherwise take a position
adverse to the purpose or validity of this Agreement.
11. No Obligation to Develop. The Applicant has no obligation to develop the
Project and this Agreement does not require any payments until after the Commercial Operation Date.
Any test energy or other energy produced prior to the Commercial Operation Date shall not trigger
payment under this Agreement. It is understood that development of the Project by Applicant is
contingent upon a number of factors including, but not limited to, regulatory approvals, availability and
cost of equipment and financing, and demand for renewable energy and renewable energy credits. No
election by the Applicant to terminate, defer, suspend or modify plans to develop the Project shall be
deemed a default of Applicant under this Agreement.
12. Successors and Assigns. This Agreement will be binding upon the successors
and assigns of the Applicant, and the obligations created hereunder shall be covenants running with the
Property upon which the Project is developed. If Applicant sells, transfers, leases or assigns all or
substantially all of its interest in the Project, this Agreement will automatically be assumed by and be
binding on the purchaser, transferee or assignee. Any such assumption, sale, transfer, lease or
assignment shall relieve the Applicant of all obligations and liabilities under this Agreement accruing
from and after the date of sale or transfer, and the purchaser or transferee shall automatically become
responsible under this Agreement. The Applicant shall execute such documentation as reasonably
requested by the County to memorialize the assignment and assumption by the purchaser or transferee.
13. Memorandum of Agreement. This Agreement or memorandum of this
Agreement, in a form acceptable to the County Attorney, shall be recorded in the land records of the
Clerk’s Office of the Circuit Court of Frederick County, Virginia. Such recordation shall be at the
Applicant’s sole cost and expense and shall occur as soon as reasonably practicable after the full
execution of this Agreement. If the Applicant chooses to not develop the Project, in its sole discretion,
the County shall execute a release of the memorandum filed in the aforementioned Clerk’s Office.
14. Notices. Except as otherwise provided herein, all notices required to be given
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or authorized to be given pursuant to this Agreement shall be in writing and shall be delivered or sent
by registered or certified mail, postage prepaid, by recognized overnight courier, or by commercial
messenger to:
If to County:
Planning Department
County of Frederick
107 North Kent Street
Winchester, Virginia 22601
Email: wpearson@fcva.us
If to Applicant:
Hollow Road Solar, LLC
112 South Street SE, Suite A
Leesburg, VA 20175
Email: notices@breh.com
With a copy to:
Roderick B. Williams
County Attorney
County of Frederick
107 North Kent Street
Winchester, Virginia 22601
Email: rwillia@fcva.us
With a copy to:
Michelle Rosati
Holland & Knight LLP
1650 Tysons Boulevard, Suite 1700
Tysons, Virginia 22102
Email: michelle.rosati@hklaw.com
The County and Applicant, by notice given hereunder, may designate any further or different
persons or addresses to which subsequent notices shall be sent.
15. Governing Law; Jurisdiction; Venue. This agreement shall be governed by and
construed in accordance with the laws of the Commonwealth of Virginia, without regard to any of its
principles or conflicts of laws or other laws which would result in the application of the laws of another
jurisdiction. The parties hereto (A) agree that any suit, action or other legal proceeding, as between
the parties hereto, arising out of or relating to this agreement shall be brought and tried only in the
Circuit Court of Frederick County, Virginia, (B) consent to the jurisdiction of such court in any such
suit, action or proceeding and (C) waive any objection which any of them may have to the laying of
venue on any such suit, action or proceeding in such court and any claim that any such suit, action or
proceeding has been brought in an inconvenient forum. The parties hereto agree that a final judgment
in any such suit, action or proceeding shall be conclusive and may be enforced in other jurisdictions
by suit on the judgment or in any other manner provided by law.
16. Severability; Invalidity Clause. Any provision of this Agreement that conflicts with
applicable law or is held to be void or unenforceable shall be ineffective to the extent of such
conflict, voidness or unenforceability without invalidating the remaining provisions hereof, which
remaining provisions shall be enforceable to the fullest extent permitted under applicable law. If, for
any reason, including a change in applicable law, it is ever determined by any court or governmental
authority of competent jurisdiction that this Agreement is invalid then the Parties shall, subject to any
necessary County meeting vote or procedures, undertake reasonable efforts to amend and or reauthorize
this Agreement to render the invalid provisions herein lawful, valid and enforceable. If the Parties are
unable to do so, this Agreement shall terminate as of the date of such determination of invalidity, and
the Property and the Project will thereafter be assessed and taxed as though this Agreement did not
exist. The Parties will cooperate with each other and use reasonable efforts to defend against and contest
any challenge to this Agreement by any third party.
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17. Entire Agreement. This Agreement and any schedules or exhibits constitute the entire
agreement and supersedes all other prior agreements and understandings, both written and oral,
between the Parties hereto with respect to the subject matter hereof. No provision of this Agreement
can be modified, altered or amended except in a writing executed by all Parties hereto.
18. Construction. This Agreement was drafted with input by the County and the Applicant,
and no presumption shall exist against any Party.
19. Force Majeure. Neither Party will be liable for any failure or delay in performing an
obligation under this Agreement that is due to any of the following causes, to the extent beyond its
reasonable control: acts of God, accident, riots, war, terrorist act, epidemic, pandemic, quarantine, civil
commotion, breakdown of communication facilities, breakdown of web host, breakdown of internet
service provider, natural catastrophes, governmental acts or omissions, changes in laws or regulations,
national strikes, fire, explosion, generalized lack of availability of raw materials or energy. For the
avoidance of doubt, Force Majeure shall not include (a) financial distress nor the inability of either party
to make a profit or avoid a financial loss, (b) changes in market prices or conditions, or (c) a Party's
financial inability to perform its obligations hereunder.
20. Third Party Beneficiaries. This Agreement is solely for the benefit of the Parties hereto
and their respective successors and permitted assigns, and no other person shall have any right, benefit,
priority or interest in, under or because of the existence of, this Agreement.
21. Counterparts; Electronic Signatures. This Agreement may be executed simultaneously
in any number of counterparts, each of which shall be deemed to be an original, and all of which shall
constitute but one and the same instrument. A signed copy of this Agreement delivered by facsimile,
e-mail/PDF or other means of electronic transmission shall be deemed to have the same legal effect as
delivery of an original signed copy of this Agreement.
[signature page follows]
EXHIBIT A
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EXHIBIT B
CONSERVATION EASEMENT DEED
NOTE TO TITLE EXAMINERS: This conservation easement contains restrictions on permitted
uses and activities on the property described below, which run with the land and are applicable to
the property in perpetuity.
Prepared by:
Return to: Frederick County Conservation Easement Authority
TAX MAP NO. or PIN: 27-A-11 and 27-A-12
Exempt 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
and from Circuit Court Clerk’s fees under Sections 17.1-266 and 17.1-279
THIS DEED OF GIFT OF EASEMENT (this “Easement”), made this ___ day of
_________, 20___, between HOLLOW ROAD LAND HOLDINGS LLC (“Grantor”}; the
FREDERICK COUNTY CONSERVATION EASEMENT AUTHORITY, a body politic and
corporate organized under the laws of the Commonwealth of Virginia for the purpose of acquiring
conservation easements and the FREDERICK COUNTY BOARD OF SUPERVISORS, a body
politic and corporate vested with the powers and duties of the County of Frederick, Virginia,
(together, the “Grantees”) (the designations “Grantor” and “Grantees” refer to Grantor and
Grantees and their respective successors and assigns), witnesseth: 1
RECITALS:
R-1 Grantor is the owner in fee simple of certain real property situated in Frederick County,
Virginia, containing acres2 as further described below (the “Property”), and desires to give,
grant, and convey to Grantees a perpetual open-space easement over the Property as set forth
herein.
R-2 Frederick County Board of Supervisors is the body vested with all the rights and powers
conferred on boards of supervisors by general law for the County of Frederick, Virginia. Frederick
County Conservation Easement Authority (the “Authority”) is a governmental agency of the
Commonwealth of Virginia and a “qualified organization” and “eligible donee” under Section
1 In the event that the ownership entity changes before the easements are granted, or if there are lenders/trustees, this
portion of the form would be modified accordingly
2 To be filled in when easement area is delineated at time of grant.
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170(h)(3) of the Internal Revenue Code (references to the Internal Revenue Code in this Easement
are to the United States Internal Revenue Code of 1986, as amended, and the applicable regulations
and rulings issued thereunder, or the corresponding provisions of any subsequent federal tax laws
and regulations) (the “IRC”) and Treasury Regulations Section 1.170A-14(c)(1) and is willing to
accept a perpetual open-space easement over the Property as set forth herein.
R-3 Chapter 461 of the Virginia Acts of 1966 provides in part “that the provision and preservation
of permanent open-space land are necessary to help curb urban sprawl, to prevent the spread of
urban blight and deterioration, to encourage and assist more economic and desirable urban
development, to help provide or preserve necessary park, recreational, historic, and scenic areas,
and to conserve land and other natural resources” and authorizes the acquisition of interests in real
property, including easements in gross, as a means of preserving open-space land. The balance of
the Chapter is codified in Chapter 17, Title 10.1, Sections 10.1-1700 through 10.1-1705 of the
Code of Virginia (1950), as amended, (the “Open-Space Land Act”).
R-4 Pursuant to the Open-Space Land Act, the purposes of this Easement (as defined below in
Section I) include retaining and protecting open-space and natural resource values of the Property,
and the limitation on division, construction of buildings and other structures, and commercial and
industrial uses contained in Section II ensures that the Property will remain perpetually available
for agricultural, forestal, or open-space use, all as more particularly set forth below.
R-5 Section 10.1-1701 of the Open-Space Land Act authorizes any public body to acquire title
to or any interests or rights of not less than five years’ duration in real property for the purpose of
preserving open space. Pursuant to this authority, the Frederick County Board of Supervisors
established the Frederick County Conservation Easement Program, as codified in Chapter 68,
Sections 68-1 through 68-12 of the Code of the County of Frederick, Virginia, establishing and
authorizing the Frederick County Conservation Easement Authority to acquire and co-hold
easements with the Board of Supervisors for the purposes of 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.
R-6 As required under Section 10.1-1701 of the Open-Space Land Act, the use of the Property
for open-space land conforms to the County of Frederick 2035 Comprehensive Plan and the
Property is located within an area that is designated as Rural/Agricultural on the county’s future
land use map.
R-7 This Easement is intended to constitute (i) a “qualified conservation contribution” as defined
in IRC Section 170(h)(1) and as more particularly explained below, and (ii) a qualifying “interest
in land” under the Virginia Land Conservation Incentives Act of 1999 (Section 58.1-510 et seq. of
the Code of Virginia (1950), as amended).
R-8 This Easement is intended to be a grant “exclusively for conservation purposes” under IRC
Section 170(h)(1)(C), because it effects “the preservation of open space (including farmland and
forest land)” under IRC Section 170(h)(4)(A)(iii); specifically, the preservation of open space on
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the Property is pursuant to clearly delineated state and local governmental conservation policies
and will yield a significant public benefit.
R-9 This open-space easement in gross constitutes a restriction granted in perpetuity on the use
that may be made of the Property and is in furtherance of and pursuant to the clearly delineated
governmental conservation policies set forth below:
(i) Land conservation policies of the Commonwealth of Virginia as set forth in:
a. Section 1 of Article XI of the Constitution of Virginia, 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;
b. The Open-Space Land Act cited above;
c. Chapter 68, Sections 68-1 through 68-12 of the Code of the County of
Frederick, Virginia;
d. The Virginia Land Conservation Incentives Act, Chapter 3 of Title 58.1,
Sections 58.1-510 through 58.1-513 of the Code of Virginia (1950), as amended, cited above,
which supplements existing land conservation programs to further encourage the preservation and
sustainability of the Commonwealth’s unique natural resources, wildlife habitats, open spaces, and
forested resources;
e. Grantees’ formal practices in reviewing and accepting this Easement.
Grantees have engaged in a rigorous review , and pursuant to the eligibility criteria and ranking
criteria set forth in Sections 68-6 and 68-7 of the Code of the County of Frederick, Virginia
considered and evaluated the benefits provided by this Easement to the general public as set forth
in these recitals, and have concluded that the protection afforded the open-space character of the
Property by this Easement will yield a significant public benefit and further the open-space
conservation objectives of Grantees and the Commonwealth of Virginia. Treasury Regulations
Section 1.170A-14(d)(4)(iii)(B) states that such review and acceptance of a conservation easement
by a governmental entity tends to establish a clearly delineated governmental conservation policy
as required under IRC Section 170(h)(4)(A)(iii);
(ii) Land use policies of the County of Frederick as delineated in:
a. its 2035 Comprehensive Plan, which emphasizes that the County’s
“[R]ural Areas best exhibit the nature, beauty, view sheds, and tranquility for which Frederick
County is known. The primary land uses in the Rural Areas are agricultural and forestal
operations”, and contains the following goal:
“SUPPORT VOLUNTARY LAND PRESERVATION TOOLS AND THE LAND USE
TAX DEFERRAL PROGRAM STRATEGIES:”
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In support of this goal, the 2035 Comprehensive Plan contains the following strategy:
“ Support Conservation Easement Authority (CEA), Transfer of Development Rights
(TDR), Agricultural and Forestal Districts, and Purchase of Development Rights (PDR) programs,
among others.”
b. Frederick County policy including an adopted ordinance to allow
taxpayers to apply for specially reduced assessments on certain real estate, depending on its use.
Following very closely on the calculations of the State Land Evaluation Advisory Council
(SLEAC), reductions of assessment are given on each qualifying parcel. Such reduction is
specifically designed to encourage the continuation of farms, orchards, and forests in such cases
where development is driving the value of land up in a greater ratio than the return on products
generated from such land.
R-10 This Easement will yield significant public benefit to the citizens of the Commonwealth as
set forth in these recitals and in Section I below.
R-11 Grantor and Grantees desire to protect in perpetuity the conservation values of the Property
as specified in Section I (the “Conservation Values”) by restricting the use of the Property as set
forth in Section II.
R-12 Grantees have determined that the restrictions set forth in Section II will preserve and protect
in perpetuity the Conservation Values of the Property and will limit use of the Property to those
uses consistent with, and not adversely affecting, the Conservation Values of the Property and the
governmental conservation policies furthered by this Easement.
R-13 Grantees, by acceptance of this Easement, designates the Property as property to be retained
and used in perpetuity for the preservation and provision of open-space land pursuant to the Open-
Space Land Act.
NOW, THEREFORE, in consideration of the foregoing recitals, incorporated herein and
made a part hereof, and in consideration of the mutual covenants herein and their acceptance by
Grantees, Grantor does hereby give, grant, and convey to Grantees for the public purposes set forth
in Section I below an open-space easement in gross (this “Easement”) over, and the right in
perpetuity to restrict the use of, the Property, which is described below and consists of
_____________ acres located in Frederick County, Virginia, generally south of Parishville Road
in Gore, Virginia, to-wit:
________ [attorney to insert legal description keyed to each tax parcel ] 3___________
______________________________________________________________________________________
______________________________________________________________________________________
3 Information to be filled in at the time of grant.
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______________________________________________________________________________________
______________________________________________________________________________________
______________________________________________________________________________________
______________________________________________________________________________________
The Property is shown as Tax Map No. [or PIN] ________________ among the
land records of the County of Frederick, Virginia.
SECTION I -PURPOSES
The conservation purpose of this Easement is to preserve and protect the Conservation
Values of the Property in perpetuity by imposing the restrictions on the use of the Property set
forth in Section II and providing for their enforcement in Section III. The Conservation Values of
the Property are described in the above recitals, are documented in the Baseline Documentation
Report described in Section IV below, and include the Property’s open-space, scenic and natural,
values, and its value as land preserved for rural uses such as forestry and agriculture (including
livestock production).
Pursuant to the Virginia Land Conservation Foundation’s Conservation Value Review
Criteria, the further conservation purpose of this Easement is: preservation of land for agricultural
use, forestal use, natural habitat and biological diversity, and/or natural resource-based outdoor
recreation or education, and/or preservation of scenic open space, and/or preservation of open
space designated by local government.
Grantor covenants that no acts or uses are currently being conducted or will be conducted
on the Property which are: (i) inconsistent with the conservation purposes of the donation or (ii)
consistent with the conservation purposes of the donation, but destructive of other significant
conservation interests unless such acts or uses are necessary for the protection of the Conservation
Values.
SECTION II – RESTRICTIONS
Restrictions are hereby imposed on the uses of the Property pursuant to the public policies set forth
above. The acts that Grantor covenants to do and not to do upon the Property and the restrictions
that Grantees are hereby entitled to enforce are as follows:
1. DIVISION.
(i) The Property shall not be divided into or separately conveyed as more than 2 parcels,
regardless of the number of tax parcels or tracts it currently encompasses, and regardless
of the subdivision regulations of Frederick County as they now exist or may change from
time to time. For purposes of this Easement, division of the Property also includes, but is
not limited to, (a) recordation of a subdivision plat, (b) judicial partitioning of the Property,
(c) testamentary partitioning of the Property, or (d) pledging for debt of a portion of the
Property. Notwithstanding the foregoing, boundary line adjustments affecting only
Parcels 27-A-11 and 27-A-12 shall not be considered divisions for purposes of this
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Easement, and shall be permitted, provided that Grantees are made parties to the deed
creating the boundary line adjustment. Each of these two parcels may be sold individually,
or together, either as currently situated, or subsequent to a boundary line adjustment as
described herein, so long as the combination of Parcels 27-A-11 and 27-A-12 does not
result in more than two separate parcels.
Boundary line adjustments with adjoining parcels of land are permitted and shall not be
considered divisions of the Property, provided that Grantees are made party to the deed
creating the boundary line adjustment and provided that the combined acreage of Parcels
27-A-11 and 27-A-12 is not reduced.
(ii) The taking, conveyance, or dedication of a de minimis portion of the Property for minor
road improvements will not be considered a division of the Property, and neither the taking,
conveyance or dedication of such a de minimis portion of the Property nor the use of the
portion of the Property so acquired will be prohibited by this Easement.
2. IMPERVIOUS COVERAGE LIMITATIONS.
The collective footprint of all buildings and structures on the Property, excluding roads,
shall not exceed one percent (1%) of the total area of the Property. However, if Grantor
can demonstrate that an increase in the collective footprint would result in increased
protection of the Conservation Values protected herein, Grantees shall reasonably approve
such increase. For the purpose of this paragraph the collective footprint is the ground area
measured in square feet of the structures set forth in 3(i) below
3. BUILDINGS, STRUCTURES, ROADS, AND UTILITIES
Buildings, structures, roads, and utilities. No buildings, structures, roads, or utilities,
other than the following, are permitted for each of the two (2) permitted parcels on the
Property:
(i) Buildings and structures.
(a) One (1) single family residential dwelling and associated accessory structures,
which does not exist as of the date of this Easement. Such single family residential
dwelling and associated accessory structures shall be wholly contained within the
designated Building Area, the location of which may be designated by Grantor,
subject to the following restrictions: (a) the Building Area shall be no larger than
two (2) acres in size, (b) said single family residential structure shall be no larger
than 5000 square feet of above-ground enclosed living area, (c) structures within
the Building Area shall not harm the Conservation Values of the Property; (d) prior
to constructing or placing such single family residential dwelling and associated
accessory structures on the Property, Grantor shall submit in writing to Grantees a
request for designation of the Building Area that provides the specific requested
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location, and shall obtain in writing the Grantee’s approval of such Building Area,
which approval shall not be unreasonably withheld or denied; and
(b) Farm buildings or structures, except that a farm building or farm structure
exceeding 4,000 square feet in ground area may not be constructed or placed on the
Property unless prior written approval for the building or structure is obtained from
Grantees, which approval shall not be unreasonably withheld, conditioned or
delayed, and which approval shall additionally be limited to consideration of the
impact of the size, height and siting of the proposed structure on the Conservation
Values of the Property. For purposes of this subparagraph, a farm building or
structure shall mean a building or structure originally constructed and used for the
activities contemplated herein.
Grantor shall give Grantees thirty (30) days’ written notice before beginning
construction or enlargement of any agricultural building or residential dwelling on
the Property.
(ii) Roads, driveways, and trails.
(a) Private roads and driveways to serve permitted buildings and structures and
roads for permitted uses and activities;
(b) Private roads or driveways and access easements over same to serve adjacent
properties, provided such roads or driveways have the prior written approval of
Grantees, which approval will take into consideration the impact of the roads or
driveways on the Conservation Values of the Property; and
(c) Trails including, but not limited to, hiking, biking, and equestrian trails.
(iii) Utilities and renewable energy facilities.
(a) Public or private utilities within existing rights-of-way therefor, consistent with
any recorded instrument granting such rights-of-way;
(b) Public or private utilities and renewable energy facilities used to harness natural
renewable energy sources such as sunlight, wind, water, or biomass to serve
permitted buildings, structures, or activities on the Property. Such limitation will
not prohibit the sale of excess power generated incidentally in the operation of
renewable energy facilities; and
(iv) Signs. Signs not exceeding 32 square feet in area, or as otherwise permitted by
Grantees, which permission shall not be unreasonably withheld.
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4. ACTIVITIES PERMITTED ON THE PROPERTY.
No activities other than the following are permitted on the Property:
(i) Agricultural, forestal and equine activities, including processing of agricultural and
forestal products;
(ii) Residential activities compatible with the limitations on buildings, structures,
impervious surfaces, and ground disturbance contained herein and local, state, and
federal regulations;
(iii) Commercial activities compatible with the limitations on buildings, structures,
impervious surfaces, and ground disturbance contained herein and local, state, and
federal regulations, provided, however, that such commercial activities may not be
inconsistent with the conservation purposes of this Easement;
(iv) Management of wildlife;
(v) Natural resource-based educational and scientific activities;
(vi) Development of ecosystem functions on the land, including necessary equipment
and structures with the prior written approval of Grantees, taking into
consideration the effect of such development on the Conservation Values of the
Property; and
(vii) Outdoor recreational activities requiring little or no surface alteration of the land.
5. MANAGEMENT OF FOREST.
(i) A pre-harvest plan must be submitted to Grantees for approval no later than fourteen
(14) days before the proposed date of a material timber harvest, which approval will take
into consideration whether the pre-harvest plan is consistent with the terms of this
Easement. Best Management Practices for Water Quality Field Guide as promulgated by
the Virginia Department of Forestry must be used when such a harvest is undertaken.
(ii) The cutting, clearing, or removal of trees on less than ten (10) acres of the Property at
any one time does not constitute a material timber harvest and does not require the
submission of a pre-harvest plan to Grantees.
6. LANDSCAPE ALTERATION, EXCAVATION, AND MINING.
9
(i) Grading, blasting, filling, excavation, or earth removal may not materially alter the
topography of the Property except (a) for clearing, grading, and dam construction to
create and maintain ponds (but not storm water retention or detention ponds to serve
other properties), (b) for restoration, enhancement, or development of ecosystem
functions on the Property as permitted and limited under Section II, Paragraph 4 (vi)
above, (c) as required in the construction of permitted buildings, structures,
driveways, roads, trails, and utilities, or (d) for erosion and sediment control pursuant
to an erosion and sediment control plan.
(ii) Grading, blasting, filling, or earth removal in excess of one acre for the purposes set
forth in subparagraph (i) above require 30 days’ prior notice to Grantees.
(iii) Generally accepted agricultural activities will not constitute a material alteration of
the topography.
(iv) Surface mining on the Property, subsurface mining from the surface of the Property,
and drilling for oil or gas or other minerals on the Property are prohibited. Dredging
on or from the Property is prohibited, except for creation and maintenance of any
ponds on the Property.
(v) Notwithstanding the foregoing, any land disturbance activity required by a
decommissioning plan shall be permitted.
SECTION III – ENFORCEMENT
1. RIGHT OF INSPECTION. Employees, agents, and other representatives of Grantee may
enter the Property from time to time, after notice to the Grantor and with a representative
of Grantor present, for purposes of (i) inspection (including photographic documentation
of the condition of the Property), (ii) flagging or otherwise marking the boundaries of
specific areas or zones on the Property that are restricted as to the structures or activities
allowed thereon in Section II above, and (iii) enforcement of the terms of this Easement
after reasonable notice to Grantor or Grantor's representative, provided, however, that in
the event of an emergency, entrance may be made to observe, document, prevent,
terminate, or mitigate a potential violation of these restrictions with notice to Grantor or
Grantor’s representative being given at the earliest practicable time.
2. ENFORCEMENT.
(i) Grantees, in accepting this Easement, commits to protecting the Conservation
Values and advancing the conservation purposes of this Easement and have the
resources necessary to enforce the restrictions set forth herein. Grantees have the
right to bring a judicial proceeding to enforce the restrictions, which right
specifically includes the right (a) to require restoration of the Property to its
condition on the Effective Date or to require restoration of the Property to its
condition prior to a violation hereof, provided that such prior condition was in
10
compliance with the provisions of this Easement; (b) to recover any damages
arising from non-compliance; (c) to compel Grantor to disgorge to Grantees any
proceeds received in activities undertaken in violation of the restrictions set forth
in Section II of this Easement; (d) to require Grantor to replant or pay for the
replanting of trees on the Property harvested in violation of the restrictions
involving timber or trees set forth in Section II of this Easement, (e) to require
Grantor to pay the costs of ascertaining the value of the timber harvested in
violation of restrictions involving timber or trees set forth in Section II of this
Easement; (f) to pay to Grantees three times the value of the timber on the stump
for the value (at the time of harvesting) of such timber harvested in violation of
restrictions involving timber or trees set forth in Section II of this Easement,
constituting the agreed-upon harm to the Conservation Values protected herein
caused by such wrongful harvest; (g) to enjoin non-compliance by temporary or
permanent injunction; and (h) to pursue any other appropriate remedy in equity or
at law. If the court determines that Grantor failed to comply with this Easement,
Grantor must reimburse Grantees for any reasonable costs of enforcement,
including costs of restoration, court costs, expert-witness costs, and attorney’s fees,
in addition to any other payments ordered by the court. A Grantee’s delay will not
waive or forfeit its right to take such action as may be necessary to ensure
compliance with this Easement, and Grantor hereby waives any defense of waiver,
estoppel, or laches with respect to any failure to act by Grantees.
(ii) Notwithstanding any other provision of this Easement, Grantor will not be
responsible or liable for any damage to the Property or change in the condition of
the Property (a) caused by fire, flood, storm, Act of God, governmental act, or other
cause outside of Grantor’s control or (b) resulting from prudent action taken by
Grantor to avoid, abate, prevent, or mitigate such damage to or changes in the
condition of the Property from such causes.
(iii) Nothing in this Easement creates any right in the public or any third party to
maintain a judicial proceeding against Grantor or Grantees. The conveyance of this
Easement to Grantees does not affect the property rights of contiguous landowners
or vest in any contiguous or nearby landowner rights in the Property or the
administration of this Easement by Grantees.
SECTION IV – DOCUMENTATION
Grantor has made available to Grantees, prior to conveyance of this Easement,
documentation sufficient to describe the condition and character of the Property, and the
Baseline Documentation Report (BDR), describes the condition and character of the
Property on the Effective Date. The BDR may be used to determine compliance with and
enforcement of the terms of this Easement. However, the parties are not precluded from
using other relevant evidence or information to assist in that determination. The parties
hereby acknowledge that the BDR contained in the files of Grantees is an accurate
representation of the Property and contains a statement signed by Grantor and a
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representative of each Grantee as required by Treasury Regulation Section 1.170A-
14(g)(5)(i).
Grantees may compile written reports and photographic documentation of the condition of
the Property from time to time as a result of inspection of the Property pursuant to Section
III 1. above.
SECTION V – GENERAL PROVISIONS
1. DURATION AND CONVEYANCE. This Easement will be perpetual. It is an easement
in gross that runs with the land as an incorporeal interest in the Property. Grantor shall,
expressly, have the right to convey the Property, or to subject the Property to a mortgage
or deed of trust for purposes of securing financing, without limitation. The covenants,
terms, conditions, and restrictions contained in this Easement are binding upon, and inure
to the benefit of, Grantor and its successors in title to the Property, or any portion thereof
or interest therein, and will 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 will survive transfer.
2. NO PUBLIC ACCESS AND GRANTOR’S RETENTION OF USE. Although this
Easement will benefit the public as described above, nothing herein may be construed to
convey to the public a right of access to or use of the Property. Subject to the terms hereof,
Grantor retains the exclusive right to such access on and use of the Property.
3. GRANTOR’S REPRESENTATIONS AND WARRANTIES . Grantor represents,
covenants, and warrants that (i) Grantor has good fee simple title to the Property (including
the mineral rights located under the surface of the Property), (ii) Grantor has all right and
authority to give, grant and convey this Easement, (iii) the Property is free and clear of all
encumbrances (other than restrictions, covenants, conditions, and utility and access
easements of record), except as noted herein,( including, but not limited to, any leases,
option contracts, mortgage liens, deed of trust liens, or other liens not subordinated to this
Easement, and (iv) no consent of any third party is required for Grantor to enter into this
Easement. (v) each person and/or entity signing on behalf of Grantor is authorized to do so,
(vi) and Grantor is duly organized and legally existing under the laws of the Commonwealth
of Virginia. No provision of this Representation and Warranty shall be interpreted to limit
the Grantee’s ability to finance the Property.4
5. INTERACTION WITH OTHER LAWS. This Easement does not permit any use of the
Property that is otherwise prohibited by federal, state, or local law or regulation. Neither
the Property, nor any portion of it, has been or may be proffered or dedicated as open space
within, or as part of, a residential subdivision or any other type of residential or commercial
development; proffered or dedicated as open space in, or as part of, any real estate
development plan; or proffered or dedicated for the purpose of fulfilling density
4 There is not, as of the date of the CUP approval, financing on the Property, but the Grantor reserves the right to
finance and encumber the Property.
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requirements to obtain approvals for zoning, subdivision, site plan, or building permits. No
development rights that have been encumbered or extinguished by this Easement may be
transferred to any other property pursuant to a transferable development rights scheme,
cluster development arrangement, or otherwise.
6. CONSTRUCTION. Pursuant to the public policy of the Commonwealth of Virginia
favoring land conservation, any general rule of construction to the contrary
notwithstanding (including the common-law rule that covenants restricting the free use of
land are disfavored and must be strictly construed), it is the intent of the parties hereto that
this Easement and all language contained herein be liberally construed in favor of the grant
to effect the purposes of this Easement and the policies and purposes of Grantees. If any
provision of this Easement is found to be ambiguous, an interpretation that is consistent
with the purposes of this Easement (to protect the Conservation Values of the Property and
prevent the exercise of reserved rights in a way that would impair such values) and that
would render the provision valid will be favored over any interpretation that would render
it invalid. Notwithstanding the foregoing, lawful acts or uses consistent with the purposes
of and not expressly prohibited by this Easement are permitted on the Property. Grantor
and Grantees intend that the grant of this Easement qualify as a “qualified conservation
contribution” as that term is defined in IRC Section 170(h)(1) and Treasury Regulation
Section 1.170A-14, and the restrictions and other provisions of this Easement will be
construed and applied in a manner that will not prevent it from being a qualified
conservation contribution.
7. REFERENCE TO EASEMENT IN SUBSEQUENT DEEDS . This Easement must be
referenced by deed book and page number, instrument number, or other appropriate
reference in any deed or other instrument conveying any interest in the Property. Failure
of Grantor to comply with this requirement will not impair the validity of this Easement or
the conveyance or limit this Easement’s enforceability in any way.
8. NOTICE TO GRANTEES AND GRANTOR. For the purpose of giving notices
hereunder the current address of Grantees
are:_______________________________________________________________, and
any notice to Grantor should be given to the recipient at the address at which the real estate
tax bill is mailed for the Property or portion thereof that is the subject of the notice and
which is currently _____________________________.5
(a) Grantor must notify Grantees in writing at or prior to closing on any inter
vivos transfer, other than a deed of trust or mortgage, of all or any part of the
Property.
(ii) In addition, Grantor agrees to notify Grantees in writing before exercising any
reserved or permitted right that may have an adverse effect on the Conservation
Values of the Property as encumbered by this Easement or that, because of
unforeseen or changed circumstances, involves activities or structures regarding
which this Easement is silent or ambiguous. (The purpose of requiring such notice
5 Information to be filled in at the time of grant of the easement.
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is to afford Grantees an adequate opportunity to either (a) prohibit or approve and
monitor such activities to ensure that they are carried out in a manner not having an
adverse impact on the Conservation Values of the Property or (b) to prohibit or
permit the construction of such structures, depending upon whether the
construction of such structures will have an adverse impact on the Conservation
Values of the Property.) Such notice must describe the proposed activity or
structure in sufficient detail to allow Grantees to judge the consistency of the
proposed activity or construction of the proposed structures with the purposes of
this Easement. Grantees may grant its consent if it determines, in its sole discretion,
that the performance of such activities or the construction of such structures does not
confer upon Grantor an impermissible private benefit, does not violate any of the terms
of this Easement, and does not have an adverse impact on the Conservation Values of
the Property. Grantor may not engage in the proposed activities or construction of such
structures unless and until Grantor receives Grantees’ approval in writing.
(iii) Failure of Grantor to comply with these requirements will not impair the validity
of this Easement or limit its enforceability in any way.
9. TAX MATTERS. 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 Treasury Regulation Section 1.170A-
13(c)(5), and that the appraisal is subject to review and audit by all appropriate tax
authorities. Grantees make no express or implied warranties that any tax benefits will be
available to Grantor from conveyance of this Easement, that any such tax benefits might
be transferable, or that there will be any market for any tax benefits that might be
transferable.
10. GOODS AND SERVICES. By its execution hereof, Grantees acknowledge and confirm
receipt of this Easement and further acknowledges that Grantees have not provided any
goods or services to Grantor in consideration of the grant of this Easement.
11. NO MERGER. Grantor and Grantees agree that in the event that either Grantee acquires
a fee interest in the Property, this Easement will not merge into the fee interest, but will
survive the deed and continue to encumber the Property.
12. ASSIGNMENT BY GRANTEES. Assignment of this Easement is permitted by Virginia
Code Section 10.1-1801, but Grantees may not transfer or convey this Easement unless
Grantees condition such transfer or conveyance on the requirement that (i) all restrictions
set forth in this Easement are to be continued in perpetuity, (ii) the transferee then qualifies
as an eligible donee as defined in IRC Section 170(h)(3) and the applicable Treasury
Regulations, and (iii) the transferee is a public body as defined in Section 10.1-1700 of the
Open-Space Land Act.
13. GRANTEES’ PROPERTY RIGHT. Grantor agrees that the conveyance of this
Easement gives rise to a property right, immediately vested in Grantees, with a fair market
value that is equal to the proportionate value that this Easement on the Effective Date bears
to the value of the Property as a whole at that time.
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14. CONVERSION OR DIVERSION. Grantor and Grantees intend that this Easement be
perpetual and acknowledge that no part of the Property may be converted or diverted from
its open-space use except in compliance with the provisions of Section 10.1-1704 of the
Open-Space Land Act, which does not permit loss of open space.
15. EXTINGUISHMENT. This Easement may be extinguished, in whole or in part, only (i)
in a judicial proceeding in a court of competent jurisdiction, (ii) upon a finding by the court
that a subsequent unexpected change in the conditions surrounding the Property has made
impossible or impractical the continued use of the Property (or the portion thereof to be
removed from this Easement) for conservation purposes, and (iii) with a payment to
Grantees of a share of the proceeds from a subsequent sale, exchange, or involuntary
conversion of the Property at least equal to the proportionate value of this Easement
computed as set forth in Section V, Paragraph 13 above. Grantees must use all of their
share of the proceeds from the sale of the Property in a manner consistent with the
conservation purposes of this Easement. For purposes of this Easement, an extinguishment
involves the removal of all or any part of the Property from this Easement.
16. AMENDMENT. Grantees and Grantor may amend this Easement to enhance the
Property’s Conservation Values or add acreage to the restricted property by an amended
deed of easement, provided that no amendment may (i) affect this Easement’s perpetual
duration or remove this Easement from any portion of the Property, (ii) conflict with or be
contrary to or inconsistent with the conservation purposes of this Easement, (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 any
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 will be
effective unless documented in a notarized document executed by Grantees and Grantor
and recorded in the Clerk’s Office of the Circuit Court of Frederick County, Virginia.
17. COST RECOVERY CHARGES. Grantees reserve the right to recover their costs
incurred in responding to requests initiated by Grantor involving matters such as
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 will be determined and periodically adjusted by Grantees, as set
forth in a published fee schedule.
18. JOINT OWNERSHIP. If Grantor at any time owns the Property or any portion of or
interest therein in joint tenancy, tenancy by the entirety, or tenancy in common, all such
tenants will be jointly and severally liable for all obligations of Grantor set forth herein.
19. SEVERABILITY. It is the express intent of the parties hereto that all provisions of this
Easement be considered and construed as part of the whole and that no provision will be
applied in isolation without consideration of the overall purposes of this Easement.
Nevertheless, if any provision of this Easement or its application to any person or
15
circumstance is determined by a court of competent jurisdiction to be invalid, the remaining
provisions of this Easement will not be affected thereby.
20. ENTIRE AGREEMENT. This instrument 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.
21. CONTROLLING LAW. The interpretation and performance of this Easement will be
governed by the laws of the Commonwealth of Virginia and the United States, resolving
any ambiguities or questions of the validity of specific provisions in a manner consistent
with the provisions of Section V, Paragraph 6 above in order to give maximum effect to its
conservation purposes.
22. RECODIFICATION AND AMENDMENT OF STATUTES AND REGULATIONS
This Easement cites various federal and state statutes and regulations applicable to open-
space easements. In the event that such statutes or regulations are re-codified or amended,
this Easement will be interpreted and enforced according to the re-codified or amended
statutes and regulations most closely corresponding to those cited herein and carrying out
the purposes recited herein.
23. RECORDING. This Easement will be recorded in the land records in the Clerk’s Office
of the Circuit Court of Frederick County, Virginia, and Grantees may take any steps
necessary in said clerk’s office to preserve their rights under this Easement in the future.
24. COUNTERPARTS. This Easement may be executed in one or more counterpart copies,
each of which, when executed and delivered, will be an original, but all of which will
constitute one and the same Easement. Execution of this Easement at different times and
in different places by the parties hereto will not affect the validity of this Easement.
25. DEFINITIONS. For purposes of this Easement, the phrase “Effective Date” means the
date upon which this Easement was first put to record in the Clerk’s Office of the Circuit
Court of Frederick County, Virginia. The words “currently” or “existing” mean currently
or existing on the Effective Date. Time will be calculated in calendar days, not business
days.
[Subordination, if applicable6
____________________, herein the Lender, is the note holder 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 [or a portion of the
Property] to the Lender's lien. The Lender hereby consents to the terms, conditions, and
restrictions of this Easement, agrees that the lien represented by said deed of trust will be held
subject to this Easement and all of Grantees’ rights hereunder, and joins in this Easement to reflect
its direction to the Trustee(s) to execute this Easement to give effect to the subordination of such
deed of trust to this Easement and to Grantees’ said rights. The Trustee(s) join(s) in the execution
6 This information will be included if applicable at the time of the grant.
16
of this Easement to confirm that in the event of foreclosure under the deed of trust or other sale of
the property described in the deed of trust under judicial or non-judicial proceedings, the property
will be sold subject to this Easement and to all of Grantees’ rights hereunder. [If applicable: It is
understood by the parties hereto that the granting of the deed of trust/deed on a portion/portions
of the Property constitutes a division of the Property unless and until such deed of trust has been
released of record.]
WITNESS the following signatures and seals: [Counterpart signature pages follow.]
17
[Counterpart signature page 1 of 4 of deed of open-space easement]
____________________________________
Grantor
________________________________________
Grantor
COMMONWEALTH OF VIRGINIA,
CITY/COUNTY OF ______________________, TO WIT:
The foregoing instrument was acknowledged before me this ___ day of __________,
20___ by _________________________________.
____________________________________
Notary Public
My commission expires: ______________________
(SEAL) Registration No. ____________________________
COMMONWEALTH OF VIRGINIA,
CITY/COUNTY OF ______________________, TO WIT:
The foregoing instrument was acknowledged before me this ___ day of __________, 20___ by
_________________________________.
____________________________________
Notary Public
My commission expires: _______________________
(SEAL) Registration No. ____________________________
18
[Counterpart signature page 2 of 4 of deed of open-space easement]
Accepted:
FREDERICK COUNTY CONSERVATION EASEMENT AUTHORITY,
By: __________________________________
COMMONWEALTH OF VIRGINIA,
CITY/COUNTY OF _____________________________, TO WIT:
The foregoing instrument was acknowledged before me this ________ day of
______________, 20___ by________________________, a Deputy Director/Staff Attorney of
the FREDERICK COUNTY CONSERVATION EASEMENT AUTHORITY.
____________________________________
Notary Public
My commission expires: ________________________
(SEAL) Registration No. ______________________________
19
[Counterpart signature page 3 of 4 of deed of open-space easement]
Lender:
By: ________________________________
Its: ________________________________
COMMONWEALTH OF VIRGINIA,
CITY/COUNTY OF _________________________, TO WIT:
The foregoing instrument was acknowledged before me this _________ day of
_____________, 20___ by_________________ [name of officer], __________________ [title of
officer] of ____________________________ [name of corporation], a ________________ [state
of incorporation] corporation, on behalf of the corporation.
____________________________________
Notary Public
My commission expires: ________________________
(SEAL) Registration No. ______________________________
20
[Counterpart signature page 4 of 4 of deed of open-space easement]
____________________________________, Trustee
____________________________________, Trustee
COMMONWEALTH OF VIRGINIA,
CITY/COUNTY OF ___________________________, TO WIT:
The foregoing instrument was acknowledged before me this ________ day of
______________, 20___ by _____________________, Trustee.
____________________________________
Notary Public
My commission expires: _______________________
(SEAL) Registration No. _____________________________
COMMONWEALTH OF VIRGINIA,
CITY/COUNTY OF ___________________________, TO WIT:
The foregoing instrument was acknowledged before me this ________ day of
______________, 20___ by _____________________, Trustee.
___________________________________
Notary Public
My commission expires: ______________________
(SEAL) Registration No. ____________________________