Conservation Easement Baseline Documentation Report

Transcription

1 Conservation Easement Baseline Documentation Report Grantors: Kelly Family Partnership, LLC Grantee: Land Trust of Virginia Property: 81 acres south of Round Hill, Virginia

2 Baseline Documentation Report For the Deed of Gift of Conservation Easement donated to the Land Trust of Virginia Kelly Property Poor House Lane, Round Hill, Loudoun County, Virginia Narrative, photography and mapping compiled by: Land Trust of Virginia Middleburg, Virginia

3 Table of Contents Property Summary 1 Scenic and Natural Features 2 Man-made Features 3 Conservation Values 5 Summary of Restrictions 8 Appendices: Appendix A: USGS map Appendix B: Conservation easement Appendix C: Property legal description Appendix D: Aerial maps Appendix E: Property features (maps and information) Appendix F: Surrounding protected lands map Appendix G: Photo location map Appendix H: Photographs with descriptions and orientation Appendix I: Building envelope plat (Exhibit A)

4 Property Summary Site: Address: Grantor: Grantee: Acres: Kelly Property Poor House Lane, Round Hill, Virginia Kelly Family Partnership, LLC Land Trust of Virginia acres (total) PINs and Tax Map Numbers: Tax Map #/55//34/////7A (24.76 ac.) Tax Map #/55///7//19A1/ (6.85 ac.) Tax Map #/55//34/////1A (5.15 ac.) Tax Map #/55//34/////5A (3.07 ac.) Tax Map #/55//33/////4B (3.63 ac.) Tax Map #/55//34/////3A (7.75 ac.) Tax Map #/55//34/////4A (3.00 ac.) Tax Map #/55//33/////3B (5.82 ac.) Tax Map #/55/34/////6A (3.01 ac.) Tax Map #/55//33/////1B (3.57 ac.) Tax Map #/55///6////14A (15.28 ac.) Directions: From the Land Trust Office in Atoka, go 0.6 miles east on Rt. 50. Turn left on Rt. 611 (St. Louis Road) and go 6.1 miles. Turn left on Rt. 630 (Unison Road) and go 0.4 miles. Turn right on Rt. 700 (Woodtrail Road) and go 0.4 miles. Turn left on Poor House Lane and go 0.7 miles and find the property entrance on the right. 1

5 Scenic and Natural Features General Description: The property is situated approximately 4 miles southeast of Bluemont, Virginia, 1.5 miles south of Airmont, Virginia and 1.5 miles north of Unison, Virginia. The topography on the property descends from the northwest to the southeast. The highest elevation on the property is 500 feet and the lowest elevation is 460 feet where the main stream leaves the property. Forest Cover: The property has approximately 14 acres of forest cover, found near the northeast corner of the property. The forested area provides cover for wildlife and contributes to the property s scenic values. Water: The property has 2.71 acres of wetlands recognized by the National Wetlands Inventory (NWI) of the U.S. Fish and Wildlife Service. Both wetland areas include ponds. One of the NWI areas (~1.46 acres) is associated with a ~0.25 acre pond. The second NWI area (~1.25 acres) is associated with a ~1.0 acre pond. There is also a third pond (~0.28 acres) near the southwest corner. The property has ~1.3 miles of intermittent streams and is within the Dog Branch, Beaverdam Creek, Goose Creek (a Virginia Scenic River), Potomac River and Chesapeake Bay watersheds. Scenic Open Space: The property has ~1,700 ft. (0.3 miles) of road frontage on Poor House Lane, which is provides open, unobstructed views of the farm. The farm is mostly unimproved with the exception of a group of structures (including the main residence) near the center of the property and a few small run-in sheds (used for equine purposes). Soils: More than a third of the property (~30 acres) contains soils classified by Loudoun County (with information from USDA studies) as Prime Farmland soils. The rest of the farm contains soils that are classified as suitable for Secondary Cropland and Grassland Agriculture. The farm is therefore well qualified for agricultural uses and is currently being used for haymaking and equine purposes. Protection of the open space and agricultural resources afforded by the conservation easement over this property will maintain this land for these and many other agricultural uses. Additional information on property soils can be found in Appendix E. 2

6 Surrounding Community: The property adjoins another property (~141 acres) under conservation easement with the Land Trust of Virginia. The local area surrounding the property is one of the most densely conserved areas of privately owned property in Virginia. A conservation easement over the Kelly property increases the proportion of locally conserved land for the additional benefit of the general public. Man-made Features Roads: The property lies on the north side of Rt. 756 (Poor House Lane). The property is also eligible for inclusion in the Beaverdam Creek Historic Roadways District, which includes properties with road frontage on numerous roads such as Rt The property has 1,700 feet of road frontage on Rt. 756 and within the property there are stretches of farm roads and a driveway leading to the main residence. The driveway continues from there to the secondary residence for a total length (from Rt. 756) of 1,600 feet. Fencing: The boundary of the property is completely fenced and there are numerous fenced horse paddocks within the property. Structures: The property has eight (8) structures including the main residence, a secondary residence, two barns, three run-in sheds and a storage shed. The eight structures on the property are listed below and are referenced in the property photography. Structure Name ~ Size Structure 1: Main residence 2,938 ft 2 Structure 2: Barn 2,808 ft 2 Structure 3: Storage shed 1,830 ft 2 Structure 4: Secondary residence 1,621 ft 2 Structure 5: Stables 3,108 ft 2 Structure 6: Run-in shed # ft 2 Structure 7: Run-in shed # ft 2 Structure 8: Run-in shed # ft 2 Total ~ 14,409 ft 2 3

7 Conservation Values of the Property The property has the following significant conservation values: 1) Scenic Open Space Scenic Open Space is one of the property s most significant conservation values. The property has approximately 1,700 feet of road frontage and scenic open space on the north side of Rt. 756 (Poor House Lane). These scenic open space values can be seen in the property photographs, specifically in photos 1 6. Since it is has road frontage on and is highly visible from Rt. 756, the property is eligible to be part of the Beaverdam Creek Historic Roadways District. There are unobstructed views of the property s open fields, which have historically been and are currently being used for equine purposes. As of easement recordation, the property has the potential (based on the appraisal) to be developed as 11 separate residential lots. As a result of the easement, the property will be forever restricted to a total of two lots with building envelopes that have been designed with particular sensitivity to scenic and open space conservation values. Preservation of the property s open space is a conservation purpose that satisfies the conservation purpose test vis-à-vis compliance with Treasury Regulation, Subchapter A, Section 1.170A-14(d). Preservation of the property s open space will yield significant and substantial public benefit and is both (A) pursuant to a clearly delineated Federal, state or local governmental conservation policy and (B) for the scenic enjoyment of the general public. Preservation of the property s open space values with this conservation easement provides significant and substantial public benefit in the following ways: (i) the public has substantial opportunity to view the property, given the road frontage on Rt. 756, (ii) development of the property would degrade the scenic and natural character of the area, which is predominately used for agricultural purposes (iii) the open space use is consistent with public conservation programs mentioned in part (A) below, (iv) the open space use is consistent with private conservation programs, such as the numerous other land trust programs operating in the Piedmont, several of which hold similar easements in the area (see 4

8 Conservation Value Adjacency to Existing Conserved Land below) and (v) preservation of the property s open space helps counteract the intense land development pressure in the area, which is well known and extensively cited in the qualified conservation easement appraisal. A) Preservation of the property s open space values furthers clearly delineated policies of Loudoun County, by implementing the Green Infrastructure Strategy of the Loudoun County Revised Comprehensive Plan, including County policies: to promote private, state and federal conservation programs and their allocated resources to advance conservation programs within the County through public and private means such as voluntary easements, (at 5-3); to protect river and stream corridors by preserving, conserving, and restoring their water quality, flood protection, aquatic and wildlife habitat, and scenic value, (at 5-4); to pursue conservation of river and stream corridor assets through open space dedication or easement, purchase of development rights, and other such programs to ensure the protection of these resources for the public good, (at 5-4); to promote the preservation of forested areas through the use of easements and other voluntary means, (at 5-18); to seek through open space easements the preservation of greenways, (at 5-25); to encourage the use of open space easements as a way to complement and enhance the Green Infrastructure and its elements, (at 5-26); to support an integrated Green Infrastructure approach to help prevent habitat fragmentation while enhancing ecological connections with larger natural areas, (at 5-19); to proactively promote state and federal conservation policies such as voluntary easements, (at 5-3); to use protective buffers [and] donation of open-space easements by the County and individual property owners to manage open space assets, (at 5-24); to seek and encourage the preservation, protection, and management of forest resources for their economic and environmental benefits, (at 5-18); to fully protect, through easement the lands that are critical to the quality of key water supplies, (at 5-10); and to promote the planting and preservation of trees as a means to improve air quality, (at 5-27); and by advancing the Rural Policy Area goals of the Loudoun County Revised Comprehensive Plan: to explore and pursue all available federal, state and local options for acquiring conservation easements, at (7-9); and to protect [the County s] natural and cultural-resource base (including stream corridors, wetlands, steep slopes, ridges, 5

9 mountains, working landscapes, woodlands, historic and archaeological resources, habitats, greenways in order to preserve the rural character of the land and the social and experiential aspects of the rural way of life, (at 7-4); and B) Preservation of the property s open space values will also maintain scenic enjoyment for the general public in the following ways: (i) the property s use is and will remain consistent with other land use in the vicinity (see # 2 below), (ii) the open and mostly undeveloped nature of the property, with its pastoral farm fields, provides a visual scene with contrast and variety and (iii) these same open fields, dotted with trees and ponds, provide the visual scene with a harmonious variety of shapes and textures. 2) Adjacency to Conserved Properties The property adjoins another property to the north (~141 acres) that is under conservation easement with the Land Trust of Virginia. The property is also within the vicinity of numerous other properties that are protected by conservation easements. The local area surrounding the property is one of the most densely conserved areas of privately owned property in Virginia. A conservation easement over the Kelly property increases the proportion of locally conserved land for the additional benefit of the general public and furthers local, state and federal goals for land conservation. The agricultural uses of the farm are also consistent with agricultural uses on many other properties in the vicinity. 3) Agricultural The farm is designated by Loudoun County as Agricultural for the purposes of use value assessment and taxation. Since the farm is in County-defined agricultural use, the protection of this use potential qualifies as an important conservation purpose for Agricultural Use in section A(1)(a)(1) of the Conservation Value Review Criteria of the VLCF. The farm is currently being used for pasture, equine purposes and haymaking. The farm is well suited for agricultural uses since more than a third of the property (30 acres) contains soils classified by Loudoun County as Prime Farmland soils. The rest of the farm contains soils that are classified by Loudoun County as suitable for Secondary Cropland and Grassland Agriculture uses. Protection of agriculturally significant land (soils), which are designated as such by Loudoun County (especially the Prime Farmland soils), qualifies as an important conservation purpose for Agricultural Use in section 6

10 A(1)(a)(3) of the Conservation Value Review Criteria of the VLCF. Protection of the property s significant agricultural resources (soils and open space) afforded by the conservation easement over this property will maintain this land for its current, as well as numerous potential future agricultural uses. 4) Forestal The property has approximately 14 acres of Eastern hardwood forest, found near the northeast corner of the property. The forested area provides wildlife habitat and adds scenic value to the property. 5) Water Resources On the Kelly property there are two occurrences of wetlands recognized by the National Wetlands Inventory (NWI) of the U.S. Fish and Wildlife Service. The property has several ponds and 1.3 miles of intermittent streams. The property is within the Dog Branch, Beaverdam Creek, Goose Creek (a Virginia Scenic River), Potomac River and Chesapeake Bay watersheds. 6) Historic Value The property is part of the Beaverdam Creek Historic Roadways District. This district is characterized by a network of mostly rural, unpaved roads that have evolved from Colonial paths and trails these roadways offer scenic views of woodlands, pastures, farms, streams and mountain vistas. These travel ways are important to the cultural history of the county and provide a unique glimpse into Loudoun s rich heritage. The Kelly farm is an excellent example of a property in this historic district that has significant road frontage and visibility. The farm retains its historic character and usage, and thereby contributes significantly to the scenic views of the general public traveling within the Historic District. 7

11 Summary of Easement Restrictions Designed to Protect Conservation Values Following are summarized versions of the key terms and conditions of the conservation easement (a full copy of the easement is provided in Appendix B). These terms and conditions are designed to protect the conservation values and ensure that the public interest is served: 1. DIVISION/SUBDIVISION. The following restriction has been designed by the Land Trust of Virginia, the Grantor and the Grantor s representatives with conservation value protections in mind. The purpose of this restriction is to limit the potential future development of the property so as to protect the conservation values listed in the deed, such as scenic open space values, historical values, natural resource values etc. The main restriction specific to division and subdivision is as follows: The Property shall not be divided or subdivided into, or separately conveyed as, more than two parcels, a large lot of approximately acres, hereinafter referred to as Lot A, and a small lot of approximately acres, hereinafter referred to as Lot B, as shown on the attached plat. Boundary line adjustments with adjoining parcels of land are permitted and shall not be considered a prohibited division of the Property, provided that Grantee is made party to the deed creating the boundary line adjustment and at least one of the following conditions is met: (i) The entire adjacent parcel is subject to a recorded open-space easement held by Grantee; or (ii) Grantor has made a written request to the Grantee to approve the proposed boundary line adjustment and said request shall have been reviewed and approved in advance by the Board of Directors of Grantee. Nothing in this paragraph shall restrict the sale, gift or transfer as a whole of the Property subject to this easement. 2. BUILDINGS AND STRUCTURES. The following restrictions have been designed by the Land Trust of Virginia, the Grantor and the Grantor s representatives with conservation value protections in mind. The purpose of these restrictions is to limit the visual impact on the general public of allowed structures and to maintain historic structures and landscapes. The restrictions specific to buildings and structures are as follows: 8

12 Grantor shall give Grantee written notice at least 60 days before beginning construction, replacement, or enlargement of any dwelling on the Property or of any building, structure, road or utility on the Property. No permanent or temporary building or structure (including, specifically, cell phone towers or commercial wind power facilities) shall be built or maintained on the Property other than: (i) one primary single-family dwelling on each lot, one of which exists on the larger of the two lots on the date of the Easement. For Lot A, said primary single-family dwelling, incorporating all additions thereto, shall not exceed 4,500 square feet in ground area or footprint, with said ground area or footprint being defined as the square footage of the foundation of dwelling, inclusive of all roofed decks, porches, stoops, and other attached roofed structures ( Ground Area ), unless prior written approval shall have been obtained from the Grantee. For Lot B, said primary single-family dwelling, incorporating all additions thereto, shall not exceed 3,000 square feet in ground area or footprint, with said ground area or footprint being defined as the square footage of the foundation of dwelling, inclusive of all roofed decks, porches, stoops, and other attached roofed structures, unless prior written approval shall have been obtained from the Grantee. (ii) one secondary single family dwelling on Lot A, provided that said secondary single-family dwelling, incorporating all additions thereto, shall not exceed 1,500 square feet in ground area or footprint, with said ground area or footprint being defined as the square footage of the foundation of dwelling, inclusive of all roofed decks, porches, stoops, and other attached roofed structures, unless prior written approval shall have been obtained from the Grantee. (iii) non-residential outbuildings and structures commonly and appropriately incidental to the dwellings permitted under subparagraph (i) and sized appropriately to serve as an amenity to single family residential use, but the aggregate ground area or footprint of such non-residential outbuildings and structures shall not exceed 2,500 square feet, with said ground area or footprint being defined as the square footage of the foundation of the structure(s), inclusive of all roofed decks, porches, and stoops, for each division or subdivision of the property, unless prior written approval shall have been obtained from Grantee; and (iv) farm buildings and farm structures, including all existing farm buildings, provided the aggregate ground area or footprint of said farm buildings and structures on Lot A does not exceed 7,700 square feet in ground area, and the ground area or footprint of said farm buildings and structures on Lot B does not exceed 1,300 square feet in ground area, with said ground area or footprint being defined as the square footage of the foundation of said farm buildings and farm structures, inclusive of all roofed areas, unless prior written approval for the building or structure shall have been obtained from Grantee. For purposes of this subparagraph, a farm building or farm structure shall mean a building or structure constructed and used for the activities specified in section 4 subparagraph (i). In the event of a division of the Property, as provided in Section 1, herein, reserved rights for permitted dwellings and structures shall be allocated between the 9

13 parcels in the instrument creating the division as follows: as described in subparagraphs (i), (ii), (iii), and (iv) above. No-build lines and building envelopes: No building or structure may be constructed beyond the area marked on the attached plat as the Building Envelopes. A Building Envelope is defined as that area that is 200 feet or less from the radius point coordinates shown on the attached plat. Buildings that already exist outside of said Building Envelopes, as identified in the Kelly Baseline Documentation Report, may be maintained and repaired, but may not be altered, extended or expanded. Building height: Building height of any dwelling or non-dwelling structure shall not be more than thirty-five (35) feet, as measured from final grade to ridge of roof. Downlighting: Use of exterior lighting in all areas shall be limited to fully horizontally shielded lighting fixtures. The light element (lamp or globe) of a fixture shall not extend below the cut off shield. Viewshed protection for Beaverdam Creek Historic Roadways District: Buildings or structures visible from historic roads within the Beaverdam Creek Historic Roadways District shall be designed and sited to minimize their visibility from said locations during all seasons of the year. Private roads and utilities that serve only permitted buildings or structures, roads to parcels created by permitted divisions of the Property, and roads with permeable surfaces for other permitted uses, such as farming or forestry, may be constructed and maintained, with 60 days of advance written notice to Grantee and written approval of Grantee. Utilities, other than those serving the Property, may be permitted if the Grantee, in its sole and absolute discretion, determines and provides notice of such determination in writing that construction and maintenance of said utilities will not impair the Property s conservation values. The collective ground area of all buildings and structures on the Property, excluding roads, shall not exceed 23,000 square feet without prior written approval of Grantee. For the purpose of this paragraph the collective ground area is the measurement in square feet of the foundations of the buildings and structures set forth in subsections (i) through (iv) above, inclusive of all roofed areas. In the event of division of the Property, the collective ground area or footprint of all buildings and structures on Lot A, excluding roads, shall not exceed 16,200 square feet, and the collective ground area or footprint of all buildings and structures on Lot B, excluding roads, shall not exceed 6,800 square feet. Any new, replaced or enlarged permitted building or structure must not be inconsistent with and must not conflict with, diminish, impair or interfere with the purpose and intent of this Conservation Easement, or with its Conservation Purposes or Conservation Values. These prohibitions shall not apply to the repair or replacement of any structures (other than buildings) existing as of the date of this Deed of Gift of Easement or the construction or maintenance of reasonably sized fencing, mailboxes, gate posts, or 10

14 permitted signs that do not diminish, impair, or interfere with the purpose and intent of this Conservation Easement. (v) Alterations, Demolition, and Ground-Disturbing Activities. Other than as otherwise allowed under this Section or Section 8 of this Article, there shall be no alterations, demolition, or ground-disturbing activity with regard to buildings, other structures, roads and utilities that may impact on historic, cultural, or natural heritage resources. 3. RIPARIAN BUFFER/WETLANDS. The following restrictions have been designed by the Land Trust of Virginia, the Grantor and the Grantor s representatives with conservation value protections in mind. The purpose of these restrictions is to maintain and enhance the water quality values on the property, now and in the future, for the benefit of the general public and the environment, local or otherwise. The restrictions specific to water resources are as follows: (i) To protect water quality, a 100-foot buffer strip shall be maintained in forest or be permitted to revegetate naturally along each edge of any perennial stream on the property, as measured from the top of the bank, and there shall be no damaging or filling of wetlands except as set forth below. Further, there shall be no plowing, cultivation or other earth disturbing activity in said 100-foot buffer strip or in wetlands except as set forth below. Wetlands are defined as any area marked as wetlands on county, state or federal maps, and any lands with characteristic hydric soils that are saturated or inundated by surface or ground water at a frequency or for a duration sufficient to support, and that under normal conditions do support, a prevalence of vegetation typically adapted for life in saturated soil conditions, or any land below an identifiable debris line left by water action. Nothing contained herein shall prohibit or prevent the Grantor from undertaking efforts to restore or create additional wetlands upon the Property. (ii) Within this buffer strip there shall be no construction of buildings, structures, roads, or other impervious surfaces, no storage of compost, manure, fertilizers, chemicals, machinery or equipment, and no cultivation, dumping, filling or damaging of wetlands, plowing, or other earth disturbing activity conducted, except as may be reasonably necessary for (a) wetland or stream bank restoration and erosion control pursuant to a government permit, (b) fencing along or within the buffer area, (c) removal of individual trees presenting a danger to persons or property and removal of diseased, dead, non-native trees, shrubs or plants, or invasive trees, shrubs or plants (as defined in the Virginia Department of Conservation and Recreation s publication: Invasive Alien Plant Species of Virginia or other, independent authoritative source), or (d) creation and maintenance of foot or horse trails with unimproved surfaces. (iii) The buffer shall be composed of vegetative cover that includes, but is not limited to, forest, shrubs, or warm-season grasses. (iv) Livestock shall be fenced out of the buffer strip. 11

15 The prohibitions in (i), (ii) and (iii) above shall not preclude the repair or replacement of any structures existing as of the date of this Deed of Gift of Easement or the construction or maintenance of reasonably sized fencing, mailboxes, gate posts, or permitted signs that do not diminish, impair, or interfere with the purpose and intent of this Conservation Easement. 4. INDUSTRIAL OR COMMERCIAL ACTIVITIES. The following restrictions have been designed by the Land Trust of Virginia, the Grantor and the Grantor s representatives with conservation value protections in mind. The purpose of these restrictions is to prevent possible negative impacts of industrial or commercial activities on the conservation values listed in the whereas clauses of the deed, such as scenic open space values, natural resource values, historical values etc. The restrictions specific to these activities are as follows: Industrial or commercial activities other than the following are prohibited: (i) agriculture, including, but not limited to, viticulture, horticulture, floriculture and animal husbandry, aquaculture, silviculture, forestry, and equine and equestrian activities; (ii) temporary or seasonal outdoor activities which do not permanently alter the physical appearance of the Property, and which do not diminish or impair the Conservation Values herein protected; (iii) activities which can be and are in fact conducted wholly within permitted buildings without alteration to the external appearance thereof; and (iv) operation of seasonal markets for the sale of agricultural products produced on the property. 5. MANAGEMENT OF FOREST. The following restrictions have been designed by the Land Trust of Virginia, the Grantor and the Grantor s representatives with conservation value protections in mind. The purpose of these restrictions is to prevent poor management of forest resources, which could impair the forest resource conservation values, which are listed for protection in the deed of conservation easement. The restrictions specific to forest management are as follows: (i) Forest Management Non Commercial. Grantor reserves the right to manage forested land by selective cutting, pruning, and planting for noncommercial purposes, which may include forest management for the creation of trails and recreational areas; for safety of users of the Property; for control of active fire, and prevention of fire and disease; for prevention or removal of invasive species (as defined in the Virginia Department of Conservation and Recreation s publication: Invasive Alien Plant Species of Virginia, or other, independent, authoritative source); for restoration or enhancement of wildlife habitat and riparian areas (as to riparian areas, subject to the Terms and Conditions applicable to riparian buffer areas in Section 3 of this Conservation Easement); for household gardening and landscaping in the Building Envelope or the general maintenance of the high scenic character and healthy wildlife habitat of the Property. The prohibition against commercial purposes in the following sub-paragraph should not be construed to prohibit the harvest of forest products for personal use by 12

16 Grantor on the Property, such as lumber, firewood, and raw material for small-scale home industry, nor the incidental sale of forest products harvested in the exercise of Grantor s noncommercial cutting rights. No more than one new opening or clearing, and no new opening or clearings greater than 1,000 square feet, in the forest are permitted for noncommercial purposes, unless approved in advance and in writing by Grantee as necessary to safeguard the health of forested acreage, to prevent or mitigate greater harm to the Conservation Values or the Property or to enhance wildlife habitat. (ii) Forest Management Commercial. No clear cutting is allowed. All forest management activities on the Property shall comply with a forest stewardship plan approved in advance by the Virginia Department of Forestry. The primary purposes of the forest stewardship plan may include but may not be limited to maintenance of the health and biological diversity of the forest, as well as management of woodlands to improve wildlife habitat, forest stand management to maintain the health of the forest, protection of uncommon, rare or unique biological communities or natural areas, management of timber for income, soil and water conservation, and preservation of historical and cultural resources. All forestry activities shall be carried out so as to preserve the Conservation Values of the Property. Best Management Practices, as defined by the Virginia Department of Forestry, shall be used to control erosion and protect water quality when any forest management, timber harvesting or land clearing activity is undertaken. The Grantor shall notify the Grantee, in writing, no later than 30 days prior to the start of any such activity, as well as within 7 days of its completion. 6. TRASH. The following restrictions have been designed by the Land Trust of Virginia, the Grantor and the Grantor s representatives with conservation value protections in mind. The purpose of these restrictions is to prevent materials being stored on the property in any manner that would impair the conservation values listed, such as scenic open space values, natural resource values, etc. The restrictions specific to this are as follows: Accumulation or dumping of trash, refuse, junk, or toxic materials is not permitted on the Property. This restriction shall not prevent generally accepted agricultural or wildlife management practices, such as creation of brush piles, composting, or the storage of farm machinery, organic matter, agricultural products or agricultural byproducts incidental to operation of the farm on the Property, as long as such practices are conducted in accordance with applicable governmental laws and regulations and are not inconsistent with the Conservation Values of the Property. 7. SIGNS. The following restrictions have been designed by the Land Trust of Virginia, the Grantor and the Grantor s representatives with conservation value protections in mind. The purpose of these restrictions is to prevent any signs from being constructed or displayed in such a way that would have a negative impact on the property s conservation values, such as scenic open space values and historic values. The restrictions specific to signage are as follows: 13

17 Display of billboards, signs, or other advertisements that are visible from outside the Property is not permitted on or over the Property except to: (i) state the name and/or address of the owners, (ii) advertise the sale or lease of the Property, (iii) advertise the sale of goods or services produced incidentally to a permitted use of the Property, (iv) provide notice necessary for the protection of the Property, (v) give directions to visitors, (vi) recognize historic status or participation in a conservation program, or (vii) advertise political candidates or parties. No such sign shall exceed nine square feet in size. 8. CHANGES IN TOPOGRAPHY; GRADING, BLASTING, MINING. The following restrictions have been designed by the Land Trust of Virginia, the Grantor and the Grantor s representatives with conservation value protections in mind. The purpose of these restrictions is to prevent any changes in the topography of the property that would impair conservation values listed in the deed, such as scenic open space values, natural resource values, historic landscape values, etc. The restrictions specific to changes in topography are as follows: Grading, blasting or earth removal shall not alter the topography of the Property except for wetlands or stream bank restoration pursuant to a government permit, or for erosion and sediment control pursuant to a government-required erosion and sediment control plan, or as required in the construction of permitted buildings, structures, private connecting roads, and utilities as described in Section 2. Best Management Practices, in accordance with the Virginia Erosion and Sediment Control Law, shall be used to control erosion and protect water quality in such construction. Generally accepted agricultural activities shall not constitute any such alteration. Notwithstanding the foregoing, no grading, blasting, or earth removal is permitted on the Property if it will be inconsistent with or will conflict with, diminish, impair or interfere with the Conservation Values protected by this Easement. Mining by surface mining or any other method, dredging on or from the Property, or drilling for oil and gas on or under the Property is prohibited. 9. LANDS IN AGRICULTURAL USE. The following restrictions have been designed by the Land Trust of Virginia, the Grantor and the Grantor s representatives with conservation value protections in mind. The purpose of these restrictions is to prevent any agricultural uses on the property that would diminish or impair conservation values listed in the deed, such as scenic open space values, natural resource values, historic landscape values, etc. The restrictions specific to agricultural uses are as follows: If the Property contains land in agricultural use, Grantor shall maintain and implement a written conservation plan protecting highly erodible soils, developed in consultation with the local Soil and Water Conservation District or the Natural Resources Conservation Services. The Farm Conservation Plan shall stipulate the use of Best Management Practices for water quality protection, be approved in advance by the Grantee, and may, 14

18 from time to time, be modified or amended by mutual agreement of the Grantor and Grantee, provided that said Farm Conservation Plan (or any modification of amendment thereof) shall not adversely affect, be inconsistent with, conflict with, diminish, impair, or interfere with the Conservation Purpose or Conservation Values protected by this Conservation Easement 15

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20 After the deed of gift of conservation easement for the Kelly property is recorded, a copy of the certified, recorded deed will be included in the Baseline Documentation Report for future reference.

21 Legal Description Lots 1A through 7A, Family Subdivision Plat Property of John W. Kelly, Jr. as duly dedicated, platted and recorded in Instrument # , among the land records of Loudoun County, Virginia And Lots 1B through 4B, Family Subdivision Plat Property of Phyllis E. Kelly as duly dedicated, platted and recorded in Instrument # , among the land records of Loudoun County, Virginia. And being the same properties conveyed to Kelly Family Partnership, LLC, a Virginia limited liability company by Deeds of Gift recorded immediately prior hereto from Phyllis Marie Leimbach, Custodian for Ryan Zachary Lawrence, Phyllis Marie Leimbach, Custodian for Connor Jacob Lawrence, Phyllis Marie Leimbach, Custodian for Sean William Leimbach, Phyllis Marie Leimbach, Custodian for Liam Patrick Kelly, Phyllis Marie Leimbach, Custodian for Brooke Elizabeth Hawkins, Phyllis Marie Leimbach, Custodian for Kelsey Lynn Hawkins, Phyllis Marie Leimbach, John W. Kelly, Jr. and Phyllis E. Kelly, being all of the members of the Kelly Family Partnership, LLC.

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