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Deed of [Gift Of] / [Partial Gift and Partial Sale Of] Conservation Easement

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Deed of [Gift Of] / [Partial Gift and Partial Sale Of] Conservation Easement * PLEASE NOTE: This is a standard easement template. Not all stipulations outlined in this example are allowable, nor does this document contain all allowable stipulations. BATTLEFIELD EASEMENT TEMPLATE This sample deed is provided to assist landowners and their attorneys in preparing deeds of easement. As each property contains unique Preservation and Conservation Values, the easement language will be tailored to each individual property and the resources to be protected. We recommend provisions appropriate to the individual property and its resources. Landowners should discuss present and future land management practices with staff before preparation of the deed of Easement. A conservation easement will permanently change how the property may be used and its market value. Because this change can have major estate planning and tax consequences, landowners should consult legal counsel prior to submission of their proposed easement. [DATE] NOTE TO TITLE EXAMINERS: This perpetual 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: [name, organization, address] [If by an attorney, VSB No.] When recorded, please return to: Title Insurance: [Name of insurer] [As applicable]Tax Map/GPIN/Parcel Number: Exempted from recordation taxes under the Code of, as amended, and from Circuit Court Clerk’s Fees under DEED OF [GIFT OF] / [PARTIAL GIFT AND PARTIAL SALE OF] CONSERVATION EASEMENT [PROPERTY NAME] ________________ Battlefield ___________________ County EASEMENT FILE NO. __________ep Page 1 of 44 THIS DEED OF CONSERVATION EASEMENT made this _____ day of ____________________, 20__,by [Grantor name/title], [if nonperson, describe legal status (corporation, nonprofit, etc.)], whose address is: ________________________ (“Grantor”), and the, whose address is: (“Grantee”) (the designations “Grantor” and “Grantee” refer to Grantor and Grantee and their respective successors or assigns). [if applicable] [Name of Bank] (“Grantor” for indexing purposes only) and [Names of Trustees] (“Trustees”) to be indexed as additional grantors, for the purpose of consenting to and subordinating to the Easement described herein and to effect subordination of its interests in the Property, as described below, to this Easement. [if applicable] [Name of Additional Grantor] (“Additional Grantor”), [wife/husband] of Grantor, joins in the execution of this deed to evidence [her/his] consent to the conveyance of the Easement granted herein and its exclusion from the augmented estate of Grantor pursuant to Section. The Additional Grantor is to be indexed as a grantor. [Add additional grantor/grantee etc. as necessary for leaseholds or other property interests] RECITALS: R-1 Grantor is the owner in fee simple of real property (the “Property”) commonly known as_____________ on the __________ Battlefield, situated in ___________County, _______________, containing in the aggregate ____ acres, more or less, and located at [911 number, Street or Road, City/Town, , zip code], as [more particularly described below] [and/or] [shown on (“name of plat,” surveyor and date including final revision date, if applicable)] attached hereto and referenced herein as Exhibit A]. Said Property contains, as of the Effective Date of this Deed of Conservation Easement (the “Effective Date” is hereinafter defined in Section V, Paragraph 5.21 (Effective Date) below), the improvements described in Section II, Paragraph 2.3 (Existing Buildings, Structures, Amenities and Features) below. R-2 Grantor and Grantee desire to protect in perpetuity the historic battlefield [and any archeological, architectural, open-space, natural or water quality] values on the Property (the “Preservation and Conservation Values”) as described in Section I, Paragraph 1.2 (Purposes) below. Grantor and Grantee intend to accomplish such protection by restricting the use of the Property and, to that end, Grantor desires to give, grant and convey to Grantee, and Grantee is willing to accept, a perpetual conservation easement over the Property, all as more particularly set forth herein (the “Easement”). R-3 [if applicable] Grantee is an agency of the State of _______________ and a “qualified organization” under 26 U.S.C. § 170(h)(3) (2014) of the Internal Revenue Code) (references to the Internal Revenue Code in this Easement shall be 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 (hereinafter “Section 170(h)”) and Treasury Regulation Section 1.170A-14(c)(1). R-4 Article XI of the 1971 Constitution of the State of _______________ declares the preservation of historic property and sites to be a goal of state government, and Section I of that Page 2 of 44 article provides that “[I]t shall be the policy of the State to conserve, develop, and utilize its natural resources, its public lands and its historic sites and buildings. Further, it shall be the State’s policy to protect its atmosphere, lands, and waters from pollution, impairment, and destruction, for the benefit, enjoyment and general welfare of the people of the State.” R-5 Chapter 461 of the Acts of 1966, codified in part in Chapter 17, Title 10.1, Sections 10.1-1700 through 10.1-1705 of the Code of _______(1950), as amended (hereinafter, the “Open-Space Land Act”), provides “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 and preserve necessary park, recreational, historic and scenic lands, 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 Code of _______________ (1950), as amended, shall hereinafter be referred to as “Code of _______________” or “_____ Code.” R-6 Chapter 22, Title 10.1 of the Code of _______________, entitled “Historic Resources,” was enacted to support the preservation and protection of the State of _______________’s significant historic, architectural, archeological, and cultural resources and charges Grantee to designate as historic landmarks to be listed in the _______________ Landmarks Register such buildings, structures, districts, and sites which it determines to have local, statewide, or national significance. Pursuant to Section 10.1-2204(A)(4) of the Code of _______________, Grantee is authorized to acquire easements in such properties for the purposes of, among other things, the preservation and protection of historic resources in _______________. Grantee is willing to accept this perpetual historic preservation and conservation easement over the Property as herein set forth. R-7 Grantee is a public body under the Open-Space Land Act, as an agency of the State of _______________, and is specifically authorized to acquire land for the preservation and protection of open-space land. R-8 The _______________ Department of Historic Resources (“VDHR”), an agency of the State of _______________, represents that its mission is “to foster, encourage, and support the stewardship of _______________’s significant historic, architectural, archeological, and cultural resources.” Under the leadership of its Director, the VDHR administers such easements on behalf of Grantee, and Grantee has the resources to manage and enforce the restrictions in this Easement and the commitment to do so. R-9 [if applicable] Chapter 3, Article 20.1, Title 58.1, Sections 58.1-510 through 58.1- 513 of the Code of _______________ (“_______________ Land Conservation Incentives Act”), supplements existing land conservation programs to further encourage the preservation and sustainability of the State’s unique natural resources, wildlife habitats, open spaces, historic resources, and forest resources; and Section 512-A provides for a credit against the tax liability imposed by Sections 58.1-320 and 58.1-400 for any land or interest in land located in _______________ which is conveyed for the purposes of agricultural and forestal use, open space, natural resource, and/or biodiversity conservation, or land, agricultural, watershed, and/or Page 3 of 44 historic preservation, as an unconditional donation by the landowner/taxpayer to a public or private conservation agency eligible to hold such land and interests therein for conservation or preservation purposes. R-10 As required under Section 10.1-1701 of the Open-Space Land Act, the use of the Property for open-space land, which includes the provision or protection of the real property for “(i) park or recreational purposes, (ii) conservation of land or other natural resources, (iii) historic or scenic purposes, (iv) assisting in the shaping of the character, direction, and timing of community development, (v) wetlands as defined in Section 28.2-1300 of the Code of _______________, or (vi) agricultural and forestal production,” conforms to the official ___________ County Comprehensive Plan (“Comprehensive Plan”), and the Property is designated as _____________ on the County’s future land use map, which designation states that ___________________. R-11 Pursuant to the Open-Space Land Act, the purposes of this Easement, as further described in Section I, Paragraph 1.2 (Purposes) below,
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