ARLINGTON COUNTY, VIRGINIA. County Board Agenda Item Meeting of July 14, 2018

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1 ARLINGTON COUNTY, VIRGINIA County Board Agenda Item Meeting of July 14, 2018 DATE: July 10, 2018 SUBJECT: Historic Preservation Easement on a Portion of Property Owned by the County Board of Arlington County, Virginia, known as Reeves Farmhouse, located within Bluemont Park, 400 N. Manchester St., Arlington, Virginia (RPC# ). C. M. RECOMMENDATION: 1. Approve the attached Historic Preservation Easement on a Portion of Property Owned by the County Board of Arlington County, Virginia, known as Reeves Farmhouse, located within Bluemont Park, 400 N. Manchester St., Arlington, Virginia (RPC# ). 2. Authorize the Real Estate Bureau Chief, Department of Environmental Services or his designee to accept, on behalf of the County Board, the Historic Preservation Easement attached to this Board Report as Exhibit A and any related documents, subject to approval as to form of all such documents, by the County Attorney. ISSUES: This is a request for the County Board to approve a perpetual Historic Preservation Easement on County-owned property known as Reeves Farmhouse in order to preserve the historic building and grounds, establish certain restrictions concerning alterations and covenants to maintain the property, and to fulfill certain conditions of the use permit approved on September 19, SUMMARY: This is a request for the County Board to approve a perpetual Historic Preservation Easement ( Historic Preservation Easement ) on a portion of property owned by the County known as Reeves Farmhouse, located within Bluemont Park. The Historic Preservation Easement is necessary in order to preserve the historic building from voluntary demolition, preserve the grounds, establish certain covenants to maintain the property, restrict alterations of the property, establish obligations on future owners to preserve the property and fulfill certain conditions of the approved use permit applicable to the property. County Manager: ##### County Attorney: ***** Staff: Betsy Herbst, DES, Real Estate Bureau Cynthia Liccese-Torres and John Liebertz, CPHD, Historic Preservation Program Lisa Grandle, DPR, Park Development Division 26.

2 BACKGROUND: The location of the parcel, and the location of the proposed Historic Preservation Easement, are more particularly shown on the Vicinity Maps attached to this Board Report as Attachments 1, 2, and 3. The subject property, located at 400 N. Manchester St. in the western part of the County, is the last remnant of the Reeves farm, which was once a familyowned dairy farm in Arlington County which ceased operation in The farmland was gradually subdivided and sold for single-family housing development from the 1950s through the 1970s. Roughly two and one-half acres of the original tract, consisting of a house, detached garage and milking shed, remained in the ownership of the Reeves family until the County purchased the property in 2001 to expand Bluemont Park. The property has been managed by the Department of Parks and Recreation since that time. The entire 2.5-acre property (the house and surrounding grounds) was designated a local historic district by the County Board on December 11, At their meeting of May 19, 2015, the County Board instructed staff, among other things, to: (i) create a separate parcel for the former Reeves Farmhouse and a limited portion of the surrounding park land that conforms to zoning requirements, subject to necessary Board approvals; (ii) thereafter, pursue the sale of the property to a private owner, subject to Board approval of the sale; and (iii) preserve the historical integrity of the Reeves Farmhouse, consistent with the designation of the house and Reeves property as a Local Historic District. Since the May 2015 County Board hearing, County staff from the Department of Parks and Recreation (DPR), Community Planning, Housing and Development (CPHD) and the Department of Environmental Services (DES) developed a proposed lot configuration for the historic farmhouse that would maximize the land that would remain in public ownership for use as a public park, but also be attractive to a potential buyer by leaving possible space for an addition or detached garage, while also conforming to the requirements of the Arlington County Zoning Ordinance and the Subdivision Ordinance. This lot configuration will be created by the recordation of a subdivision plat in connection with creating a Unified Residential Development ( URD ). On September 19, 2015, the County Board approved a use permit for a URD (U ) pertaining to the property, with modifications from the Zoning Ordinance requirements for setbacks, lot width, and lot coverage, subject to the conditions of the staff report, and further directed the County Manager to not record the URD subdivision plat until instructed to do so by the County Board. The County Board also approved a use permit for a public park for open space and uses incidental to it, including but not limited to, passive recreation, trails, shelters and benches and other small structures, subject to the conditions of the staff report, effective upon recordation of the subdivision plat associated with the URD. The URD use permit will be implemented so that the County can subdivide the Reeves Farmhouse from the rest of the 2.5-acre property in order to offer the farmhouse for sale to a buyer willing to restore the building, while retaining the maximum amount of open space for public use. The historic milk shed, sledding hill and planting beds will remain in public ownership

3 On March 21, 2017, the County Board directed the County Manager to proceed with the recordation of the URD subdivision plat on or before September 2018, in order to facilitate the sale of the pipe stem parcel to a private owner. So that public access to the milk shed is not blocked due to the creation of the private lot for the house, the non-historic garage was demolished in May 2018, following approval by the Historical Affairs and Landmark Review Board (HALRB) for various site improvements. The URD subdivision plat will be recorded among the land records of Arlington County later this summer. County staff are preparing to have the property listed with a realtor for sale later this year. DISCUSSION: Deeds conveying permanent property interests or encumbering County-owned property must be approved and accepted by, or on behalf of, the County Board in order to be valid. The Preservation Easement, including the covenants and restrictions to be placed on the property, are necessary in order to preserve the historic building and grounds, establish certain covenants for maintenance, place restrictions on alterations to the property, obligate future owners of the Reeves farmhouse to preserve the property and fulfill certain conditions of the use permit. The County Board is requested to authorize the Real Estate Bureau Chief, Department of Environmental Services to execute the Preservation Easement, indicating acceptance thereof on behalf of the County Board. The area being encumbered by the perpetual obligation to preserve and maintain the property is shown as Historic Preservation Easement (Proposed Lot 1), 13,827 Sq. Ft. or Acres and is more particularly described on the plat attached to this report as Exhibit B entitled, Plat Showing Historic Preservation Easement on Parcel B, Section 4-A, Boulevard Manor, D.B. 1812, Pg. 5, Arlington County, Virginia. The Preservation Easement acknowledges that the building and grounds are located within a duly designated Arlington County Local Historic District, and the approval or denial of any alterations within the district, including within the subject parcel, are at the sole discretion of the Historical Affairs and Landmark Review Board (HALRB) or the County Board upon appeal. The Preservation Easement does not seek to remove any rights or obligations that the HALRB or the County Board may lawfully discharge for the orderly management and protection of this Property. In addition to the protections provided in Sections 11.3 and 15.7 of the Zoning Ordinance, this Preservation Easement will also: Remove the right of demolition that currently exists under Section of the Zoning Ordinance and the Virginia Code Section The Preservation Easement requires that the building will not be demolished and must be maintained in perpetuity under the terms of this Preservation Easement; and, If approved, the Preservation Easement will also require future owners of the property to make the interior and exterior of farmhouse and the Property open to the public a minimum of one (1) day per year, subject to reasonable limitations. Any public admission or access may be subject to such restrictions and limitations, as approved by the County Manager, reasonably designed for the protection and maintenance of the property and future owners. In addition, this Historic - 3 -

4 Preservation Easement will become one of several of the County s existing such easements and will be inspected and monitored annually for compliance by the Historic Preservation Program staff. PUBLIC ENGAGEMENT: Public notice was given in accordance with the Code of Virginia. Notices for the disposition or encumbrance of County-owned property was placed in the June 19, 2018, and June 26, 2018, issues of the Washington Times for the July 14, 2018 County Board Meeting. No further public engagement is necessary concerning easements on County-owned property. County staff have met numerous times in the past several years with the HALRB and the Boulevard Manor Civic Association concerning the proposed use and potential disposition of the Reeves property. County staff last met with the civic association on June 18, FISCAL IMPACT: There is no fiscal impact related to the approval and recordation of the Historic Preservation Easement

5 NOTE TO TITLE EXAMINERS AND ARLINGTON COUNTY TAX ASSESSOR: this historic preservation easement contains restrictions on the property described below, which run with the land in perpetuity. Return to: Real Estate Bureau Chief 2100 Clarendon Blvd., Suite 800 Arlington, Virginia, RPC# This instrument is exempt from recordation tax pursuant to A.3. and C. 4. of the Code of Virginia HISTORIC PRESERVATION EASEMENT This HISTORIC PRESERVATION EASEMENT (the Easement ) is made this day of, 2018, ( Effective Date ) by the COUNTY BOARD OF ARLINGTON COUNTY, VIRGINIA, a body corporate and politic, it s successors and/or assigns in title and interest (the Grantor ) and the COUNTY BOARD OF ARLINGTON COUNTY, VIRGINIA, a body corporate and politic (the Grantee ) or ( County Board ). RECITALS: Exhibit A R-1. R-2. R-3. R-4. The Grantor is the owner in fee simple of certain real property and improvements located in Arlington County, Virginia ( Arlington County or County ), having a street address of 400 North Manchester Street, and more particularly identified as RPC# (the County Parcel ); The County Parcel is located within a portion of the Reevesland Local Historic District ( Reevesland ) that has been recognized worthy of preservation by Arlington County and is designated as an Arlington County Local Historic District by zoning action Z HD and a concurrent amendment to the Arlington County Zoning Map adopted by the Arlington County Board on December 11, 2004; The historic farmhouse (hereinafter the Building ) located on a portion of the County Parcel is associated with Reevesland, and has been recognized as an important building worthy of preservation per the local historic district designation; Reevesland, originally part of a 160-acre dairy farm, is historically significant as a remnant of the last remaining family dairy farm that characterized the nineteenth and early-twentieth century agricultural landscape of Arlington County. Reevesland and the Building represent the County s transformation from a rural to suburban/urban county. Three generations of the Reeves family owned and operated the farm, which originally extended from Wilson Boulevard on the north to beyond Arlington Boulevard to the south, and west to Seven Corners in Fairfax County. The County Parcel contains the Building and a portion of the former farmyard; 1

6 R-5. R-6. The Building is a vernacular farmhouse incorporating modest Greek Revival and Queen Anne architectural detailing that cumulatively represents the following construction periods: 1) a simple 1860s-era vernacular tenant house; 2) a circa 1899 vernacular farmhouse; 3) pre-1912 Queen Anne-influenced additions; and 4) midtwentieth century modernizations. The Building retains significant historical and architectural integrity and meets the majority of the County s established criteria for local historic district designation; On September 19, 2015, the County Board approved two use permits: 1) a Unified Residential Development designated as U ( URD ); and 2) a public park, U One of the stated purposes of the URD is to facilitate the preservation of the historic Reeves farmhouse and adjacent landscape by creating a separate lot ( Lot 1 ), which includes the farmhouse, to market the lot and farmhouse for potential sale to a private buyer who would be willing to restore and maintain the house. Additionally, the URD Conditions 8 and 9 provide as follows: Condition 8: The Developer [Arlington County Board] agrees to record a perpetual historic preservation easement on the property before the recordation of the subdivision plat. Condition 9. The Developer [Arlington County Board] agrees that renovations or additions to the house, landscaping changes and construction of accessory structures, shall not require a use permit amendment and may be approved administratively by the Zoning Administrator so long as the property remains a County Historic District and the proposed improvements comply with the terms of the historic preservation easement. The Developer further agrees to obtain a Certificate of Appropriateness for any proposed renovation and/or improvement where one is required. The Developer further agrees to obtain a Certificate of Occupancy after any renovations to the house to make it habitable. The Developer agrees that additions to the house or new accessory structures shall only be permitted within the area labeled Potential Area for Reeves Farmhouse Addition on the attached exhibit labeled Exhibit 1 Potential Area for Future Reeves Farmhouse Addition dated July 13, 2015, except that (a) fence(s) shall be permitted anywhere on the property where permitted and regulated by the Zoning Ordinance subject to obtaining a Certificate of Appropriateness and compliance with the terms of the historic preservation easement for said fence(s). R-7. In accordance with Conditions 8 and 9 of the URD, the Grantor desires to preserve and protect, in perpetuity, the historic and architectural values ( Historic and Architectural Values ) of the Building located on Lot 1, which are documented in a Baseline Documentation Report (BDR) in Section III, to ensure the preservation of the protected features on Lot 1 and the Building; 2

7 R-8. R-9. Recordation of this Easement is intended to restrict the development, alteration and use of Lot 1 and the Building, in perpetuity and provide for enforcement thereof in addition to the provisions of Sections 11.3 and 15.7 of the 2018 Arlington County Zoning Ordinance (hereafter ACZO ) which already apply; Recordation of this Easement is also intended to eliminate the right of demolition that currently exists under Section of the ACZO and the Virginia State Code Section ; R-10. The Grantor intends that the portion of the County Parcel to be known as Lot 1, which will include the Building and the portion of the historic farmyard located within the Historic Preservation Easement (as defined below), will be encumbered by this Easement, establishing the perpetual covenants and restrictions set forth below for the purpose of protecting and preserving the Building, site improvements and a portion of the historic farmyard, in order to fulfill Conditions 8 and 9 of the URD; R-11. The Grantor desires to grant this perpetual Easement unto the Grantee, over, under, across and through the area identified as Historic Preservation Easement, 13,827 Sq. Ft. or Acres ( Historic Preservation Easement Area ) on the plat attached hereto entitled Plat Showing Historic Preservation Easement on Parcel B, Section 4-A, Boulevard Manor, D.B. 1812, PG. 5, Arlington County, Virginia, prepared by Arlington, Virginia, Department of Environmental Services, Engineering Bureau Survey Section dated June 6, 2018, attached hereto as Exhibit A (collectively, the Plat ), in order to provide for the protection and historic preservation of the Building, site improvements and the configuration of the farmyard; R-12. Section of the Code of Virginia enables counties and municipalities to provide for the preservation of historic sites and areas; R-13. Article XI of the Constitution of Virginia provides, in part, that it shall be 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 and [i]n furtherance of such policy, the General Assembly may undertake... the acquisition and protection of historical sites and buildings ; R-14. The Virginia Open-Space Land Act, Section of the Code of Virginia, authorizes any public body to acquire easements in gross or such other interests in real estate as are designed to maintain the character of such land as openspace land. Section defines open-space easement as a nonpossessory interest of a public body in real property, whether easement appurtenant or in gross, acquired through gift, purchase, devise, or bequest imposing limitations or 3

8 affirmative obligations, the purposes of which include preserving the historical, architectural, or archaeological aspects of the real property ; R-15. The Arlington County Public Spaces Master Plan, adopted December 10, 2005, and which is a part of the County s Comprehensive Plan, states that Arlington County should Preserve heritage resources by the use of easements. Encourage property owners to place easements on their properties, working with the County, a local non-profit land trust and/or state or national entity authorized to hold easements for the purpose of heritage resource preservation. ; R-16. The Arlington County Historic Preservation Master Plan, adopted December 11, 2006, and which is a part of the County s Comprehensive Plan, states that Arlington County should enhance understanding of Arlington s history and historic character, and integrate preservation values into County Planning, Land Use, and other Policies and Practices; EASEMENT NOW THEREFORE, in recognition of the foregoing recitals incorporated herein and made a part hereof, and in consideration of the mutual covenants herein contained, the receipt and sufficiency of which are hereby expressly acknowledged, Grantor does hereby grant and convey unto Grantee a perpetual historic preservation easement (the Easement ) over, under, upon and across that portion of the County Parcel depicted as Historic Preservation Easement on the Plat attached hereto as Exhibit A in the dimensions and locations shown on the Plat, subject to the Covenants and Restrictions contained herein: SECTION I: PURPOSE 1.1 Recitals and Exhibits: All recitals set forth above and exhibits attached thereto are incorporated into and made a part of this Easement. 1.2 Purpose. In accordance with Article XI, Sections 1 and 2 of the Constitution of Virginia, Section of the Code of Virginia, and Arlington County s Public Spaces Master Plan and Arlington County s Historic Preservation Master Plan, the purpose of this Easement is to protect and preserve the historic and architectural values of the Historic Preservation Easement Area and the Building located within the Historic Preservation Easement Area by imposing restrictions on the development, alteration and use of the Building and Lot 1 in perpetuity and for providing for enforcement thereof in addition to the provisions of the ACZO Sections 11.3 and 15.7 which already apply. This Easement acknowledges that the property lies within the Reevesland Local Historic District, and the approval or denial of any such alterations within the District, including within the Historic Preservation Easement Area, are at the sole discretion of the Historical Affairs and Landmark Review Board (HALRB) or the County Board upon appeal. The Easement does not seek to remove any rights or obligations that the HALRB or the County Board may lawfully discharge for the protection and preservation of the Building and Lot 1. In addition to the protections provided in Sections 11.3 and 15.7 of the ACZO, this Easement shall: 4

9 A. Eliminate the right to demolish the Building that currently exists under Section of the ACZO and the Virginia State Code Section The Easement shall require that the Building shall not be demolished and must be maintained in perpetuity under the binding terms of this Easement. SECTION II: COVENANTS AND RESTRICTIONS The Grantor, for itself, and its successor in title and interest, and assigns hereby grants and imposes upon the Building and the Historic Preservation Easement Area, in perpetuity, the following covenants and restrictions upon the Building and Historic Preservation Easement area: 2.1 Grantor s Maintenance Obligations. Grantor agrees to and shall maintain the Building and the Historic Preservation Easement Area according to the standards of the Virginia Property Maintenance Code and the ACZO Section C. 2.2 Permitted Actions and Alterations. With notice to the Grantee, the Grantor shall have the right to maintain, repair and replace exterior features of the Building in conformance with the Secretary of the Interior s Standards for Rehabilitation and subject to the review and approval of the HALRB, or the County Board upon appeal. 2.3 Voluntary Demolition is Prohibited. Grantor shall not voluntarily demolish or raze the Building, and shall not cause, authorize or permit others to do so. 2.4 Alterations to the Building. Requests for exterior alterations that are not in conformance with the Secretary of the Interior s Standards for Rehabilitation shall follow the process set forth in ACZO Section 15.7 et seq. 2.5 Emergency Repairs. Emergency repairs shall be performed consistent with the requirements of ACZO Section Repair after Major Casualty or Destruction. Upon a major casualty to or destruction of the Building, Grantor shall provide Grantee with a request to make casualty-related repairs. Upon receipt of Grantor s request, the County Manager, shall respond to Grantor s requested casualtyrelated repairs within thirty (30) business days after receipt of the written request, so long as it is accompanied by a report prepared by a qualified engineer or architect as set out below. The HALRB, or the County Manager, may waive the requirement for a report by a qualified engineer or architect if requested in writing from the Grantor. A. Engineering Report. If not waived, the Grantor, at its sole expense, shall submit to Grantee, within 10 business days of Grantor s receipt of a complete report, said written report prepared by a qualified engineer or architect acceptable to both the Grantee and Grantor, which report (the Report ) shall include the following: a. An assessment of the nature and extent of the damage; and 5

10 b. A determination of the feasibility of the restoration of the Building and/or reconstruction of the damaged or destroyed portions of the Building. B. Grantee s review of Engineering Report. Grantee shall review the Grantor s engineering report, insurance proceeds and all other relevant information. Should Grantee determine that the historic and architectural values preserved and protected by this Easement can continue to be preserved and protected by restoration/reconstruction, then the Grantor shall undertake such restoration/ reconstruction to return the Building to substantially the same condition in which it existed on the Effective Date of this Easement, as previously modified by permitted changes under the terms of this Easement and documented in the BDR, as defined in Section III herein, and any future HALRB-approved alterations to the Building. If, however, the report determines that the structure of the building envelope of the Building is unsound (or is destroyed in whole or in substantial part), making reconstruction impracticable, or if the report determines that reconstruction is impossible, and Grantor wishes to raze or demolish the building envelope of the Building because of the damage, then, other than temporary emergency work to prevent further damage to the Building or to protect public safety, no further demolition may be undertaken by Grantor until at least thirty (30) business days after such report is provided to the County Manager outlining the conditions of the Building. C. Determining Demolition. Should Grantee determine in writing that the Historic and Architectural values stipulated in the Easement cannot be maintained by such restoration/reconstruction, Grantor may, after obtaining written permission from the Grantee, demolish, remove and/or raze the Building upon not less than thirty (30) County business days written notice to the Grantee. Any redevelopment of the Historic Preservation Easement Area shall be subject to all required building codes, the ACZO, the HALRB review and approval per Section 15.7 of the ACZO, and any other approvals by Arlington County Grantor s Retained Duties. The Grantor retains all responsibilities for, and shall bear all costs and liabilities of, any kind related to the ownership, operation, upkeep and maintenance of the Building and Historic Preservation Easement Area. SECTION III: BASELINE DOCUMENTATION 3.1 Baseline Documentation Report/Photographic Records. Written descriptions together with photographs documenting the Historic and Architectural Values, which cannot be recorded with this Easement for technical imaging reasons, are on file in the Historic Preservation Program Office of Arlington County. These records include color photographs of the Building and the Historic Preservation Easement Area (collectively the Baseline Documentation Report or BDR as the term is used elsewhere in this Easement). Notwithstanding the foregoing, the BDR is an integral part of this Easement, and it is incorporated herein by this reference, as if it is part of the recorded Easement. 6

11 3.2 Agreement on BDR. The Grantor and Grantee agree that the BDR provides an accurate representation of the Building and Historic Preservation Easement Area and the Historic and Architectural Values protected and preserved by this Easement as of the Effective Date of this Easement. The Grantor acknowledges receiving a copy of the BDR as of the Effective Date of this Easement. 3.3 BDR Discrepancy. In the event of any discrepancy between the BDR in the Grantor s and Grantee s respective files, the Grantee s BDR shall control. It is the intent of the Grantor and the Grantee that the Building and Historic Preservation Easement Area remains essentially unchanged except as specifically provided for herein and, in the case of ambiguity, the BDR shall control. SECTION IV: ENFORCEMENT AND ACCESS 4.1. Enforcement. The Grantee and its representatives may enter upon the Historic Preservation Easement Area from time to time, upon reasonable notice to Grantor, for the sole purpose of inspecting the Building and Historic Preservation Easement Area to ensure compliance with the terms of this Easement. Upon any violation of this Easement by the Grantor, the Grantee, after reasonable written notice to Grantor, shall be entitled to pursue any cause of action which may be available to the Grantee to enforce the covenants and restrictions set forth in this Easement. If the Grantor is found to have breached any of the material terms that are determined to be essential for protecting the Historic and Architectural Values of the Building or the Historic Preservation Easement Area, the Grantor shall be liable to the Grantee for any costs or expenses incurred by the Grantee in enforcing the terms of this Easement, including court costs and reasonable attorneys fees. 4.2 No Waiver of Rights to Enforce. No failure on the part of the Grantee to enforce any covenant or restriction herein nor the waiver of any right hereunder by the Grantee shall discharge or invalidate such covenant or restriction or any other covenant or restriction hereof, or affect the right of the Grantee to enforce the same in the event of a subsequent breach or default. Nothing contained in this Easement shall be construed to entitle the Grantee to bring any action against the Grantor solely for any injury to or change in the Building resulting from causes beyond Grantor s control, including, without limitation, fire, flood, storm and earth movement, or from any prudent action taken by Grantor under emergency conditions to prevent, abate or mitigate significant injury to the Building, Historic Preservation Easement Area or to the public resulting from such causes. 4.3 Remedy. Grantee may institute suit to: (i) enjoin any breach or enforce any provision of this Easement by ex parte, temporary, and/or permanent injunction; and/or (ii) require in the event of a breach that the Building and/or Historic Preservation Easement Area be restored promptly to a condition required by this Easement. Grantee s remedies as set forth in this paragraph are cumulative and shall be in addition to any other rights and remedies available to Grantee at law or equity. If Grantor is found by a court exercising jurisdiction to have breached any provision of this Easement, Grantor shall reimburse Grantee for any costs or expenses incurred by Grantee, including court costs and reasonable attorneys fees. 7

12 4.4 Public Access. Grantor shall make the interior and exterior of the Building and the Historic Preservation Easement Area open to the public a minimum of one (1) day per year, for a total of four (4) hours, to allow for a guided historic tour hosted by Arlington County staff. Public access is subject to reasonable limitations such as permitting access only to the first story and prohibiting access to bedrooms, bathrooms, closets, and other private spaces. Any public admission or access may be subject to such restrictions and limitations, as approved by the County Manager, reasonably designed for the protection and maintenance of the Building and the Grantor. The Grantor may request a temporary waiver of the public access subject to the approval of the County Manager. SECTION V: MISCELLANEOUS 5.1. Sale or Transfer. Grantor shall notify Grantee of any transfer of title to the Historic Preservation Easement Area or the Building by Grantor to another party or other parties prior to such transfer of title. The Grantor and Grantee agree that the terms of this Easement shall survive any merger of the fee and Easement interest of the Historic Preservation Easement Area Successors and Assigns; Intent of the Grantor and Grantee. This Easement shall be binding upon the Grantor, including all of their successors in title and interest and assigns, and shall continue as a servitude running in perpetuity with the land Notice. In any case, where the terms of this Easement require notice to or approval by the Grantee, such notice or request for approval shall be in writing. Notice of an activity or requests for an alteration to the Building and requests for approval for such activity or alteration must describe the activity or alteration in question in sufficient detail to permit the Grantee to make an informed judgment as to the impact on the Historic and Architectural Values and the consistency with the purpose of this Easement. Except as otherwise expressly stated in this Easement, the Grantee shall have thirty (30) days from the receipt of the first request for approval (or such longer period as the Grantor and Grantee may agree to in writing) within which to review such request and grant or deny approval. Written notices by Grantor and any subsequent response by the Grantee shall be deemed given three business (3) days after the date of proof of mailing by registered or certified mail, or upon delivery by the Arlington County Sheriff s Office or by FedEx or similar overnight delivery service, or private courier service which provides receipt of delivery, properly addressed as follows: if to Grantor: Arlington County Manager 2100 Clarendon Boulevard, Suite 302 Arlington, Virginia if to Grantee: with a copy to: Arlington County Manager 2100 Clarendon Boulevard, Suite 302 Arlington, Virginia Arlington County Attorney Arlington County, Virginia 8

13 2100 Clarendon Boulevard, Suite 403 Arlington, Virginia with a copy to: Arlington County, Virginia Department of Environmental Services Real Estate Bureau 2100 Clarendon Boulevard, Suite 800 Arlington, Virginia if to Historic Preservation Program Staff: Historic Preservation Coordinator Arlington County, Virginia 2100 Clarendon Boulevard, Suite 700 Arlington, Virginia The Grantor, Grantee or other notice recipient may change the address to which notices are to be sent to him, her or it by giving written notice pursuant to this section Amendments. No amendments may be made to this Easement without the mutual written agreement of the Parties. Any agreed amendment to this Easement shall be in writing, signed by all parties and recorded in the land records of Arlington County. Nothing in this section shall require Grantor or Grantee to agree to any amendment or to consult or negotiate regarding any amendment No Waiver of Sovereign Immunity by Grantee. Nothing in this Easement, nor any action taken by the Grantee pursuant to this Easement, nor any document which arises out of this Easement, shall constitute, or be construed as, a waiver of either the sovereign immunity or governmental immunity of the Grantee, or of its elected and appointed officials, officers and employees No Rights in Third Parties. The Grantor and Grantee mutually agree that no provision of this Easement shall create in the public, or in any person or entity other than the Grantor and Grantee rights as a third-party beneficiary hereunder, or authorize any person or entity to maintain any action for personal injury, property damage, or breach of contract pursuant to the terms of this Easement or otherwise Compliance with Laws. In performing its obligations under this Easement, the Grantor shall comply with applicable federal, state, and local laws, ordinances, regulations, policies and procedures. 5.8 Covenants Running with the Land. The Grantor and Grantee declare and agree that the agreements and covenants stated in this Easement are not agreements and covenants person to Grantor and Grantee, but are covenants real, running with the land. [SIGNATURES APPEAR ON THE FOLLOWING PAGES] 9

14 GRANTOR: COUNTY BOARD OF ARLINGTON, VIRGINIA By: Name: Title: County Manager COMMONWEALTH OF VIRGINIA ) COUNTY OF ARLINGTON ) to-wit: The foregoing instrument was acknowledged before me this day of, 2018, by as County Manager of Arlington County, Virginia, on behalf of the County Board of Arlington County, Virginia, a body corporate and politic of the Commonwealth of Virginia. My commission expires: Registration number: [SEAL] Notary Public 10

15 GRANTEE: COUNTY BOARD OF ARLINGTON, VIRGINIA By: Name: Title: County Manager COMMONWEALTH OF VIRGINIA ) COUNTY OF ARLINGTON ) to-wit: The foregoing instrument was acknowledged before me this day of, 2018 by as County Manager of Arlington County, Virginia, on behalf of the County Board of Arlington County, Virginia, a body corporate and politic of the Commonwealth of Virginia. My commission expires: Registration number: [SEAL] Notary Public APPROVED AS TO FORM: Name: Stephen A. MacIsaac Title: County Attorney 11

16 Exhibit B to Board Report

17 Attachment 1 ST STER NCHE N MA Vicinity Map Reeves Farmhouse N. Manchester St. RPC# Historic Preservation Easement Area 5TH RD N N M O NT AN A 4T H RD N N T HS T 5 ST Lot 1 Preservation Easement Area N MO NTAG UE ST 4TH ST N AN CH ES TE R NM 2ND ST N ST 3RD ST N Feet / Pursuant to Section of the Code of Virginia, any determination of topography or contours, or any depiction of physical improvements, property lines or boundaries is for general information only and shall not be used for the design, modification, or construction of improvements to real property or for flood plain determination. Aerial Photography 2017 Commonwealth of Virginia Easement Locations are Approximate. Map prepared by Arlington County GIS Mapping Center Produced and May 2018

18 Vicinity Map Reeves Farmhouse N. Manchester St. RPC# Historic Preservation Easement Area Attachment 2 N MANCHESTER ST 4TH RD N Preservation Easement Area Lot 1 4TH ST N 0 75 Feet N MANCHESTER ST / Pursuant to Section of the Code of Virginia, any determination of topography or contours, or any depiction of physical improvements, property lines or boundaries is for general information only and shall not be used for the design, modification, or construction of improvements to real property or for flood plain determination. Aerial Photography 2017 Commonwealth of Virginia Easement Locations are Approximate. Map prepared by Arlington County GIS Mapping Center Produced and May 2018

19 Attachment 3 Vicinity Map Reeves Farmhouse N. Manchester St. RPC# Historic Preservation Easement Area N MAN E CHEST 4T H RD N R ST Preservation Easement Area Lot 1 N ER ST HE NC MA ST 4TH ST N 0 75 Feet / Pursuant to Section of the Code of Virginia, any determination of topography or contours, or any depiction of physical improvements, property lines or boundaries is for general information only and shall not be used for the design, modification, or construction of improvements to real property or for flood plain determination. Aerial Photography 2017 Commonwealth of Virginia Easement Locations are Approximate. Map prepared by Arlington County GIS Mapping Center Produced and May 2018