Transportation and Land Use Committee

Date of Meeting: November 21, 2014

# 6

BOARD OF SUPERVISORS TRANSPORTATION AND LAND USE COMMITTEE

ACTION ITEM SUBJECT: Proposed Open Space Easement at Mosby’s Ridge ELECTION DISTRICT: Blue Ridge CRITICAL ACTION DATE: November 21, 2014 STAFF CONTACTS: Kristin Brown, Mapping and Geographic Information

Larry Stipek, Mapping and Geographic Information PURPOSE: The purpose of this item is to provide additional information regarding whether to accept the proposed gift conveyance of a 197.47 acre open space (conservation) easement by Mosby’s Ridge Estates LLC, which was referred to the Transportation and Land Use Committee (TLUC) by the Board of Supervisors (Board) at its business meeting on November 5, 2014.

RECOMMENDATION: Staff cannot recommend acceptance of this easement thereby expanding the County’s Conservation Easement Stewardship Program based upon current staffing levels. BACKGROUND: At its meeting of November 5, 2014 (Attachment 3), the Board was asked if it wished to accept the donation of an open space easement. Staff recommended that the Board not accept the donation based on current staffing levels. The Board voted (8-0-1, Williams absent) to send the item to the next TLUC meeting for additional information and discuss the impacts of accepting additional easements into the County’s Conservation Easement Stewardship Program. Before referring the item, the Board asked if an easement held by the County could be transferred to other qualified easement holding entities. The draft deed would allow the County to convey the easement as provided in and permitted by the Open-Space Land Act. The Board also asked what staffing level will be required if the County accepts the donation of this easement, as well as how frequently staff will visit the easements in the program. The Stewardship Program is a joint effort among staff from the Departments of Mapping and Geographic Information (Mapping), Planning & Zoning, and the County Attorney’s Office. Mapping is currently wrapping up recruitment for a Geographic Information Systems (GIS) Analyst for which a portion of the Performance Plan (20%) is dedicated to the maintenance and

Item 6, Proposed Open Space Easement at Mosby’s Ridge Transportation and Land Use Committee

November 21, 2014 Page 2

analysis of conservation easement data. Mapping estimates the program to currently use approximately .75 FTEs. Staff will be making initial visits to easements over the next two years, with plans to revisit each easement every two to three years. One additional easement could be incorporated into this schedule with no staffing adjustments. DISCUSSION: Loudoun County is the sole easement holder of approximately 450 conservation easements. By the terms of the easements, the County is obligated to provide stewardship. The majority of these easements were created through the community development process (such as in the creation of a rural village, rural hamlet, or low density waiver subdivision). The Office of Mapping is investigating the possibility of using GIS analysis to assist in the monitoring of these particular types of easements (Phase II). A smaller number of easements (fewer than 20) have been gifted directly to the County, put under County stewardship via a Transfer of Development Rights (TDR), or obtained via the Purchase of Development Rights (PDR) program. As explained in the April 18, 2014 TLUC meeting, these easements will be visited periodically as part of the County’s stewardship program. Loudoun County also co-holds 14 easements jointly with partnering organizations, such as the Virginia Outdoors Foundation or private land trusts. With the assistance of members of the Loudoun County Preservation and Conservation Coalition’s Conservation Easement Committee, staff designed a stewardship program that would accomplish the following:

1. Establish a process of conducting site visits to properties with conservation easements that are held or co-held by Loudoun County,

2. Create and maintain a permanent stewardship record repository, 3. Reach out to owners of properties with conservation easements to explain easement

terms and facilitate on-going stewardship activities, 4. Educate the public about conservation easements, and 5. Enforce, where necessary, the terms of easements.

Mapping Staff provided and Information Item TLUC on April 18, 2014 regarding the County’s newly created Conservation Easement Stewardship Program at the Committee’s meeting on April 18, 2014 (Attachment 4). During Phase I of this program, staff will be making site visits over the next two years to the gift and TDR easements (there are 7 gift and 8 TDR easements). Staff is also researching the history of six other easements that it may need to be included in Phase I. Note that these numbers differ slightly from the ones presented in the April item. No enforcement has been necessary because no violations have been found, but all the other elements of the program are in place. The first site visit was completed at the Blue Ridge Center in October 2014.



With regard to the easements created through the community development process, Mapping staff will use the GIS and aerial photography to conduct change detection analysis to help with the monitoring process, which will significantly cut down on the time it would otherwise take to provide stewardship. ISSUES: The Conservation Easement Stewardship Program that is currently being implemented will meet the terms of the County’s obligation to provide stewardship over easements solely held by the County and can be managed at current staffing levels.

1. Acquiring additional easements will eventually create a need to expand program staffing. As noted in the November 5, 2014 Board item, the County has accepted only two gifted easements (non-development related) since the dissolution of the PDR program, and staff has planned for the implementation of Phase I of the Stewardship Program under the assumption the County would not resume the practice of accepting gifted easements. If the County wishes to accept additional gifted easements into the program, it will increase the burden upon existing staff to conduct site visits.

2. There are existing conservation organizations that are better qualified to work with

landowners to provide stewardship over eased land. The Stewardship Program was created as a response to the concerns of conservation professionals and private citizens that the County was not providing adequate stewardship over its solely-held easements. While the County is a qualified easement-holding organization, and staff have developed a program to manage existing easements, new easements would be better established and managed by organizations whose core mission is to provide conservation stewardship. Conducting site visits is just one aspect of easement stewardship; should an easement violation be discovered, conservation professionals are better qualified to address and rectify, resulting in less impact and potential cost to the landowner and the easement organization.

On November 14, 2014 the Chair of the TLUC received a letter from Mark Nelis, P.C. representing Mosby’s Ridge Estates LLC and staff has included the letter for the TLUC’s consideration as an attachment to this item (Attachment 5). FISCAL IMPACT: There is no immediate fiscal impact associated with accepting the proposed easement donation. Additional staffing will eventually be required if the Board wishes to continue accepting easements. If an easement is violated in the future, resources associated with enforcement could be substantial. ALTERNATIVES: The Committee could recommend to the full Board that the proposed easement not be accepted and instead be referred to another qualified easement holding organization. The Committee could alternatively recommend to the full Board that the proposed easement be accepted.



DRAFT MOTIONS: 1. I move that the Transportation and Land Use Committee recommend to the Board of

Supervisors that the proposed gift conveyance of a 197.47 acre open space (conservation) easement by Mosby’s Ridge Estates LLC not be accepted and instead be referred to a qualified easement holding organization.

OR 2. I move that the Transportation and Land Use Committee recommend to the Board of

Supervisors that the proposed gift conveyance of a 197.47 acre open space (conservation) easement by Mosby’s Ridge Estates LLC be accepted.

OR 3. I move an alternate motion.

ATTACHMENTS:

1. Map of proposed easement donation. 2. Map of conservation easements held or co-held by Loudoun County. 3. November 5, 2014 Board Action Item - Proposed Donation of Open Space Easement on

197.47 Acres. 4. April 18, 2014 TLUC Item – Conservation Easements Stewardship Program. 5. Mark Nelis Letter to TLUC November 14, 2014

ATTACHMENT 1 A-1

L o u d o u n C o u n t y

Conservation Easements

Easement Holders:

Easement Held Solely by Loudoun County

Co-held by Loudoun County + Another Organization

Held or Co-Held by Organization(s) Other than Loudoun

Data current as of December 2013

ATTACHMENT 2 A-2

Date of Meeting: November 5, 2014

# 10 BOARD OF SUPERVISORS

BUSINESS MEETING ACTION ITEM

SUBJECT: Proposed Donation of Open Space Easement on 197.47 Acres

ELECTION DISTRICT: Blue Ridge

CRITICAL ACTION DATE: At the pleasure of the Board of Supervisors

STAFF CONTACT: Ron Brown, County Attorney

PURPOSE: The purpose of this item is to consider whether to accept the gift conveyance of an Open-Space Easement on 197.47 acres pursuant to the Open-Space Land Act, Title 10.1, Chapter 17 of the Virginia Code offered by Mosby’s Ridge Estates, LLC.

RECOMMENDATION: Staff cannot recommend acceptance of this Open-Space Easement at this time based on current staffing levels available for monitoring compliance with the Easement restrictions.

BACKGROUND: Mosby’s Ridge Estates, LLC (“landowner”) has offered a gift of an open-space easement (“Easement”) to the County which would restrict the use and development of the property described herein. The Board of Supervisors (Board) has both the authority and discretion to either accept or not accept any such conveyance. No such conveyance shall be valid unless accepted by the Board. While the Board is not required to act within any specific timeframe, the landowner has indicated that it will be submitting an application for Land Preservation Tax Credits from the Commonwealth of Virginia and has requested that the Board act to accept the Easement by November 5, 2014, so that the Deed of Gift may be recorded in time to meet the state deadline. The landowner has further indicated that that the state agency, the Department of Conservation and Recreation, reviewing such request requires a letter of acceptance from the County (Attachment 3).

The subject property is zoned AR-1 (Agricultural Rural-1), lies within the Rural Policy Area, and comprises four (4) parcels totaling approximately 197.47 acres. The property includes approximately 3,250 feet of frontage on the west side of Charles Town Pike (Route 9), approximately 0.1 mile south of the intersection of Sagle Road (Route 687) in the Blue Ridge Election District. The property is further described as PIN #’s 546-37-1892, 546-46-4316, 546-26-2040, and 575-29-4138. The map attached to this item depicts the subject parcels with more particularity, with such parcels being highlighted in yellow (Attachment 1). The adjacent parcel

ATTACHMENT 3A-3

Item 10, Proposed Donation of Open Space Easement on 197.47 Acres Board of Supervisors Business Meeting


shaded in green to the north of the subject property is subject to an existing gifted open-space easement granted to Land Trust of Virginia. The adjacent and nearby lots shaded in green immediately to the south of the subject property are part of the Saratoga rural hamlet subdivision and are subject to an existing open-space easement granted to the Board as required by the Rural Hamlet Ordinance.

As proposed, the Easement would restrict the development of the property to the four (4) existing parcels with no further subdivision. Each parcel would be restricted to no more than one (1) principal dwelling, one (1) accessory guest house, one (1) accessory tenant house, usual accessory structures, and farm structures. It is proposed that the Easement would permit commercial activities such as agriculture, viticulture, including Farm Wineries, livestock production, equine activities, forestry, small-scale incidental commercial or industrial operations consistent with the conservation purposes of the Easement, processing and sale of products produced on the Property, temporary and seasonal activities, and activities conducted within permitted buildings. A copy of the draft Deed is Attachment 2.

ISSUES:

1. Planning and Zoning: § 10.1-1701 of the Virginia Code requires that the use of the realproperty for open-space land shall conform to the official comprehensive plan. The proposalhas been reviewed for conformance with the Revised General Plan by the Department ofPlanning and Zoning, Division of Community Planning. Community Planning notes that theproperty is located in the Rural Policy Area, within the Journey Through Hallowed GroundNational Heritage Area, adjacent to a Scenic Byway (Route 9) and contains river and streamcorridor resources, steep slopes, mountainside and forested areas. Planning further notes thatthe Plan encourages property owners of 20 acres or more in the Rural Policy Area to preserveopen space, particularly in sensitive environmental areas such as river and stream corridors,forested areas, areas adjacent to Scenic Byways.

However, the Plan policies support the protection of the entirety of river and stream resources including not only the rivers and streams but also any associated 100-year floodplain, adjacent steep slopes, a 50-foot Management Buffer surrounding the floodplain and adjacent steep slopes, and wetlands, forests, historic and cultural resources, and archaeological sites that fall within the area of one or more of the above elements. Community Planning notes that the proposed Easement would provide only a 100-foot buffer along the edge of any stream, does not exclude all development within the entirety of any river or stream resource, and provides no protections for associated floodplain, adjacent steep slopes, and a 50-foot Management Buffer.

2. Office of Mapping and Geographic Information: Since 2004, the County has acceptedonly two (2) gifted (non-development related) open-space easements, one for 350 acres andone for 24 acres, both of those in 2010. Nevertheless, currently, OMAGI is responsible forapproximately 16 Gifted or Purchased easements held solely in the name of the County thatrequire in-person stewardship visits. Additionally there are approximately 430 development-

A-4



created easements that must also be monitored. Responsibility for conducting Easement stewardship visits is currently shared among the Director of OMAGI, one mapping staff member, and one zoning staff member in addition to their other duties. The recently developed monitoring program is in the incipient stage of implementation, and it is expected that the program will require more staff time during the first year or two. When OMAGI presented its stewardship program to the Transportation and Land Use Committee and received their approval to move forward, OMAGI committed to using existing staff resources to provide stewardship over the easements currently held solely by the County. OMAGI did not discuss or contemplate the acquisition of additional easements. OMAGI cannot recommend the acceptance of any additional gifted Open-Space Easements at its current staffing levels because of the workload demands related to monitoring compliance with the Easement restrictions. While OMAGI estimates that approximately 0.75 FTE, from both OMAGI and Zoning, is currently dedicated to the monitoring program, in reality, staff believes that proper monitoring of currently held easements requires at least one full dedicated FTE. Staff notes that tax-exempt entities such as Land Trust of Virginia and Virginia Outdoors Foundation can and do accept and provide proper stewardship of open-space easements in the County for properties such as the subject property and recommends that the landowner offer such easement to one of such entities.

FISCAL IMPACT: The proposed Easement would be an outright gift with no acquisition cost to the County. However, when land is subject to an open-space easement granted to the County, the County is responsible for monitoring and enforcement of the terms of the easement. At this time, staff does not have any estimate of the costs of these duties. Should the Board wish to expand the County’s Open Space Easement Program by accepting additional parcels in the program, the staff would need to review staffing requirements for increased monitoring and potential enforcement. ALTERNATIVES: 1. Accept the donation of the Easement.

2. Forward this item to committee for further review.

3. Take no action. DRAFT MOTIONS: 1. I move that the Board of Supervisors shall not accept the Deed of Gift from Mosby’s Ridge

Estates, LLC. OR

A-5



2. I move that the Board of Supervisors accept the Deed of Gift from Mosby’s Ridge Estates, LLC, conveying to the Board an Open-Space Easement on PIN #’s 546-37-1892, 546-46-4316, 546-26-2040, and 575-29-4138, subject to the Deed being approved as to form by the County Attorney. I further move that the County Administrator be authorized to execute the Deed, the acceptance letter substantially in the form as in Attachment 3 to this Item, and any related documents as may be approved by the County Attorney.

OR

3. I move that the Board of Supervisors forward this item to the Transportation and Land Use Committee for further discussion.

OR

4. I move that the Board of Supervisors take no action. OR 5. I move an alternate motion.

ATTACHMENTS: 1. Vicinity Map 2. Draft Deed of Gift of Easement 3. Draft Letter of Acceptance

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ATTACHMENT 1 A-1A-7

Page 1 of 18

Prepared by: Mark Nelis, Esq. MARK NELIS, P.C. 196 N. 21st Street Purcellville, VA 20132 Consideration: $0.00 Loudoun County Pin Numbers 546-37-1892-000 546-46-4316-000 546-26-2040-000 575-29-4138-000 Tax Map Numbers: /14/////////9/ /14////////10/ /14////////12A /14////////17/ Blue Ridge Magisterial District Loudoun County, Virginia

Deed of Gift of Easement

Exempted 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 fee under Section 17.1-266

THIS DEED OF GIFT OF EASEMENT (this “Easement”), made this ___ day of _____________, 2014, between Mosby’s Ridge Estates, LLC, (“Grantor”); the Board of Supervisors of Loudoun County, Virginia, a body corporate and politic, (“Grantee”), (the designations “Grantor” and “Grantee” refer to the Grantor and Grantee and their respective successors and assigns); Bank of Clarke County, (“Noteholder”); and Michael L. Bryan and John R. Friant Jr. (“Trustees”).

WITNESSETH: WHEREAS, Grantor is the owner in fee simple of real property situated at 35415 Charles Town Pike in Loudoun County, Virginia, containing in the aggregate 197.47 acres as further described below (the “Property”), and desires to give and convey to Grantee a perpetual conservation and open-space easement over the Property as herein set forth; and

WHEREAS, Grantee is the elected governing body of the County of Loudoun, Virginia, and is a “public body” within the meaning of the Open-Space Land Act, Title 10.1, Chapter 17, of the Code of Virginia of 1950, as amended (the “Open-Space Land Act”), and is willing to accept a perpetual conservation and open-space easement over the Property as herein set forth; and

ATTACHMENT 2 A-2A-8

Page 2 of 18

WHEREAS, the Property is subject to a lien of a certain Deed of Trust dated May 23, 2013, and recorded as instrument number 2013524-0043113, in the land records of Loudoun County, Virginia, wherein the Property was conveyed unto the Trustees, Michael L. Bryan and John R. Friant, Jr., in trust, to secure a certain indebtness, as a more specifically set forth therein; and WHEREAS, the Open-Space Land Act, as enacted at Chapter 461 of the Virginia Acts of Assembly of 1966, declared that the preservation of open-space land serves a public purpose for the health and welfare of the citizens of the state by curbing urban sprawl, preventing the spread of urban blight and deterioration and encouraging more economic and desirable urban development, encouraging more desirable and economic development of natural resources, helping provide or preserve necessary park, recreational, historic and scenic areas, and conserving land and other natural resources, and authorizing the use and acquisition of interests in real property, including easements in gross, as a means of preserving and maintaining the character of open-space land; and WHEREAS, pursuant to Sections 10.1-1700 and 10.1-1703 of the Open-Space Land Act, the purposes of this Easement include retaining and protecting open-space and natural resource values of the Property, and the limitation on division, residential construction and commercial and industrial uses contained in Section II hereof ensures that the Property will remain perpetually available for agriculture, winemaking, livestock production, forest or open-space use, all as more particularly set forth below; and WHEREAS, the Grantor intends the grant of this Easement “exclusively for conservation purposes” under IRC §170(h)(1)(C) in order to effect “the preservation of open-space (including farmland and forest land)” under IRC 170(h)(4)(A)(iii). Specifically, the preservation of open-space on the Property is pursuant to clearly delineated state and local governmental conservation policies and will yield a significant public benefit; and

WHEREAS, this open-space easement in gross constitutes a restriction granted in perpetuity on the use which may be made of the Property, and is in furtherance of and pursuant to the clearly delineated governmental 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. The Virginia Land Conservation Incentives Act, Chapter 3 of Title 58.1, §§58.1-510 through 58.1-513 of the Code of Virginia, which supplements existing land conservation programs to further encourage the preservation and

ATTACHMENT 2 A-3A-9

Page 3 of 18

sustainability of the Commonwealth’s unique natural resources, wildlife habitats, open spaces and forest resources;

d. Chapter 32, of Title 58.1, §§58.1-3230 through 58.1-3244 of the Code of Virginia, which authorizes special use-value tax assessments for real estate devoted to agricultural, forestal, horticultural and open-space use; and e. The Agricultural and Forestal Districts Act, Chapter 43 of Title 15.2, §§15.2-4300 through 15.2-4314 of the Code of Virginia, which encourages the conservation, protection, development and improvement of agricultural and forestal lands for the production of food and other agricultural and forestal products and as valued natural and ecological resources which provide essential open spaces for clean air sheds, watershed protection, wildlife habitat, as well as for aesthetic purposes and as an economic and environmental resource of major importance.

(ii) Land use policies of the County of Loudoun as set forth in the 1991 Comprehensive Plan, revised July 23, 2001, and amended through December 11, 2013 ) to which plan the restrictions set forth in this deed conform as follows:

WHEREAS, pursuant to the requirements of §10.1-1010 of the Virginia

Conservation Easement Act, the limitations and obligations created by this easement conform in all respects to the Loudoun County Comprehensive Plan, adopted in 1993 and last revised on December 3, 2007; and

a. the protection of the Property conforms with County policies, goals

objectives, and strategies to “promote the preservation of forested areas through the use of agricultural and forestal districts, easement and other voluntary means”; and to “continue to encourage the use of open space easements as a way to complement and enhance the Green Infrastructure and its elements”;

b. the preservation of the Property will further goals of the Loudoun

County Comprehensive Plan to “establish land uses compatible with historic, open space and scenic areas”, and to “preserve the cultural, social, economic, environmental and aesthetic amenities provided by agricultural land use to both Loudoun County and the region” and to “conserve agricultural resources and avoid environmental pollution which would degrade the farmland, the natural environment and the surrounding communities”;

c. the protection of the property along the approximate 8,225 feet of frontage on tributaries of the Catoctin Creek conforms with the Loudoun County policy to “pursue acquisition of appropriate 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”, and

d. Loudoun County has recognized the importance of the continued

preservation of the Property as real estate devoted to agricultural and forest use and has granted use value assessment and taxation to the Property.

ATTACHMENT 2 A-4A-10

Page 4 of 18

WHEREAS, the Property consists of approximately 140 acres of forested lands,

1.9 acres of ponds, 0.9 acres of National Wetland Inventory wetlands, and 57.04 acres of open fields; and

WHEREAS, the Property is situated approximately three miles northwest of the historic Town of Hillsboro, in an agricultural and rural area of Loudoun County; and

WHEREAS, the Property has approximately 3,300 feet of frontage on and is visible from the Charles Town Pike (State Route 9), a State Designated Scenic Byway, consisting of rolling, open pasture, and wooded mountainside, thereby continuing the protection of the scenic views of the Blue Ridge Mountains west of the Property for the benefit of the public traveling on Charles Town Pike; and

WHEREAS, Chapter 5 of the Loudoun County Comprehensive Plan, entitled “The Green Infrastructure: Environmental, Natural and Heritage Resources,” encourages the use of conservation and open space easements to protect agricultural resources, preserve farms, forests and open space and the rural character of the landscape in rural areas: and

WHEREAS, the Property lies within the Journey Through Hallowed Ground National Heritage Area; and

WHEREAS, the Property is in the watershed of Catoctin Creek, which is a State Designated Scenic River; which in turn flows into the Potomac River, also a State Designated Scenic River; and

WHEREAS, the Property adjoins the northern edge of the JT Hirst Purcellville Reservoir, consisting of multiple parcels under a perpetual conservation easement, and with that easement protects a significant portion of the eastern side of the Blue Ridge; and

WHEREAS, the Property lies adjacent to other lands that are (a) under conservation or open-space easement and (b) owned in fee and managed in perpetuity for conservation purposes, and contributes to the conservation or open-space values of such lands; and

WHEREAS, the Property possesses significant natural habitat, scenic, open-space, agricultural, forestal, natural resource, and watershed preservation values (the “Conservation Values”), the preservation of which will benefit the citizens of the Commonwealth; and

WHEREAS, this Easement will yield significant public benefit to the citizens of the Commonwealth as set forth in Section I; and


Page 5 of 18

WHEREAS, Grantor and Grantee desire to protect in perpetuity the conservation values of the Property as specified in Section I by restricting the use of the Property as set forth in Section II; and

WHEREAS, Grantee has determined that the Restrictions 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 the Easement; and

WHEREAS, Grantee, 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.

WHEREAS, the Board of Supervisors of Loudoun County, Virginia, as the

elected governing body of Loudoun County, is charged with the duty of protecting the public health, safety, and welfare of its citizens, including the duty to conserve the natural resources and scenic qualities of the environment and to provide for the preservation of agricultural and forestal and open-space lands; and

WHEREAS, the Open-Space Land Act provides that any public body may acquire, by gift or purchase, easements in gross, which may be perpetual, as are designed to maintain the character of land as open space land, and further that, whenever practicable in the judgment of such public body, interests in real property acquired pursuant to the Open-Space Land Act shall be made available for agricultural or timbering uses which are compatible with the purposes of the Open-Space Land Act; and

WHEREAS, the Open-Space Land Act defines open-space land to mean any land

in an urban or urbanizing area which is provided or preserved for, among other things, the conservation of land or other natural resources, or for historic or scenic purposes, or for assisting in the shaping of the character, direction, and timing of community development; and

WHEREAS, the Grantee herein has, as evidenced by its acceptance of this Easement, determined that the real property hereinafter described is worthy of designation as open-space land as provided for in the Open-Space Land Act; and

WHEREAS, the Grantor is the owner in fee simple of the real property hereinafter

described which he desires preserved as open-space land in the public interest; NOW, THEREFORE, in consideration of the foregoing and of the mutual

covenants herein and their acceptance by Grantee, Grantor does hereby give, grant and convey to Grantee a conservation and open-space easement in gross (the “Easement”) over, and the right in perpetuity to restrict the use of, the Property, which is described below and in Schedule A and made a part hereof, and consists of 197.47 acres located in Blue Ridge Magisterial District, Loudoun County, Virginia, on the east slope of the Blue Ridge, fronting on Charles Town Pike to-wit:


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SEE EXHIBIT A ATTACHED

SECTION I -PURPOSE The conservation purpose of this Easement is to preserve land for agricultural use, viticulture use, forestal use, preservation of scenic open space, natural habitat, and water preservation, and to 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 its open-space and natural habitat values and its values as land preserved for open-space and rural uses including agriculture, livestock production and forestry.

SECTION II – RESTRICTIONS

Restrictions are hereby imposed on the use 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 Grantee is hereby entitled to enforce, are and shall be as follows:

1. DIVISION. The Property currently comprises four (4) separate tax map parcels and shall not be divided or subdivided into, or separately conveyed as, more than the existing four (4) parcels. By this restriction the Grantor does hereby intentionally relinquish the right to subdivide the Property at the density permitted by the current zoning ordinance.

Boundary line adjustments with adjoining parcels of land are permitted and shall

not be considered divisions 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 adjoining parcel is subject to a recorded open-space easement

granted to and held by the Grantee; or (ii) The proposed boundary line adjustment shall have been reviewed and

approved in advance by the Grantee.

2. BUILDINGS AND STRUCTURES. No buildings or structures other than the following are permitted on each parcel:

(i) One principal dwelling; and (ii) One accessory guest house; and (iii) One accessory tenant house, and (iv) Non-residential outbuildings and structures commonly and appropriately

accessory, subordinate, and incidental to the dwellings permitted in subsections (i), (ii) and (iii) of this paragraph, and sized appropriately to serve as an accessory to single-family residential use, and


Page 7 of 18

(v) Farm buildings or structures. For purposes of this subparagraph, a farm building or structure shall mean a building or structure constructed and used for the activities specified in paragraph 3(i).

(vi) Private roads and utilities to serve permitted buildings or structures, for other permitted uses, such as farming or forestry, may be constructed and maintained. These shall be designed and constructed to cause a minimum of interference with the existing topography, drainage, vegetation, wildlife, and conservation values of the property.

(vii) The collective footprint of all buildings and structures on each parcel, excluding roads, shall not exceed 1% of the total area of each parcel, provided that if Grantor can demonstrate that an increase in the collective footprint would result in increased protection of the conservation values protected herein, Grantee may 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 subsections (i) through (iv) above and all other impervious surfaces, excluding roads. 3. INDUSTRIAL OR COMMERCIAL ACTIVITIES. Industrial or commercial activities other than the following are prohibited: (i) agriculture, viticulture, winemaking, including, but not limited to, a Virginia Farm Winery as defined in the Code of Virginia, livestock production (animal husbandry), equine activities (limited to breeding, raising, training, and boarding and teaching activities related thereto) and forestry, and related small-scale incidental commercial or industrial operations that Grantee approves in writing as being consistent with the conservation purpose of the Easement; (ii) processing and sale of products produced on the Property; (iii) temporary or seasonal outdoor activities that do not permanently alter the physical appearance of the Property and that do not diminish the conservation values herein protected; and (iv) activities that can be and in fact are conducted within permitted buildings without material alteration to their external appearance.

4. MANAGEMENT OF FOREST AND AGRICULTURAL USE. Best

Management Practices, as defined by the Virginia Department of Forestry, shall be used to control erosion and protect water quality when any timber harvest or land-clearing activity is undertaken. All material timber harvest activities on the Property shall be guided by a Forest Stewardship Management Plan approved by Grantee or Virginia Department of Forestry. A pre-harvest plan consistent with the Forest Stewardship Management Plan shall be submitted to Grantee for approval 30 days before beginning any material timber harvest. The objectives of the Forest Stewardship Management Plan may include, but are not limited to, forest health, biodiversity, timber management, wildlife habitat, scenic forest, aesthetics, recreation, water and air quality, carbon or other mitigation banking programs, historic and cultural resource preservation, natural area preservation, or any combination thereof. Grantee shall be notified 30 days prior to the clearing of over 10 acres of forestland for grassland, crop land, or in association with the construction of permitted buildings.


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Non-commercial de minimis harvest of trees for trail clearing, firewood or Grantor’s domestic use, trees that pose an imminent hazard to human health or safety, or removal of invasive species shall not require a Forest Stewardship Management Plan.

As to any portion of the Property in agricultural use, a written Conservation Farm

Management plan stipulating the use of best management practices (such as proper nutrient management, utilization of cover crops, and stabilization of highly erodible lands) shall be developed in consultation with and approved by the Loudoun County Soil and Water Conservation District or the U.S. Natural Resources of Conservation Service representative and shall be implemented as long as such portions of the Property remain in Agricultural production.

5. RIPARIAN BUFFER. To protect water quality, 100-foot wide buffer

strips shall be maintained in forest or be permitted to revegetate naturally along the edge of any perennial stream, intermittent stream or any other water body as measured from the top of the bank (or if applicable from the high water mark in tidal creeks, streams, etc.). Within each buffer strip there shall be (a) no new buildings or other substantial structures constructed, (b) no storage of compost, manure, fertilizers, chemicals, machinery or equipment, (c) no removal of trees except removal of invasive species or removal of dead, diseased or dying trees or trees posing an imminent human health or safety hazard, (d) no grazing of livestock and (e) no cultivation or other earth-disturbing activity, except as may be reasonably necessary for (i) wetland or stream bank restoration, or erosion control, pursuant to a government permit, (ii) fencing along or within the buffer area; (iii) construction and maintenance of stream crossings that do not obstruct water flow, (iv) creation and maintenance of foot or horse trails with unimproved surfaces, and (v) dam construction to create ponds. Limited mowing or temporary grazing to control non-native species or protect trees and other plants planted in forested buffers is permitted.

6. GRADING, BLASTING, MINING. Grading, blasting or earth removal

shall not materially alter the topography of the Property except for (i) dam construction to create ponds, (ii) wetlands or stream bank restoration pursuant to a government permit, (iii) erosion and sediment control pursuant to a government-required erosion and sediment control plan, or (iv) as required in the construction of permitted buildings, structures, roads, and utilities. 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. Grading, blasting or earth removal in excess of one acre for the purposes set forth in subparagraphs (i) through (iv) above require 30 days’ prior notice to Grantee. Generally accepted agricultural activities shall not constitute a material alteration. Surface mining, subsurface mining, dredging on or from the Property, or drilling for oil or gas on the Property is prohibited.

7. ACCUMULATION OF TRASH. 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,


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agricultural products or agricultural byproducts on the Property. Notwithstanding the foregoing provisions, there shall be no dumping, storage or placement on the Easement Area of any stumps, brush, grass or other land clearing debris from off-site.

8. SIGNS. Display of billboards, signs, or other advertisements is not

permitted on or over the Property except to: (i) state the name and/or address of the owners of the Property, (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, or (vi) recognize historic status or participation in a conservation program. Temporary political signs are allowed. No signs visible from outside the Property shall exceed nine square feet in size.

SECTION III – ENFORCEMENT

1. RIGHT OF INSPECTION. Representatives of Grantee may enter the Property from time to time for purposes of inspection (including photographic documentation of the condition of the Property) and enforcement of the terms of this Easement after permission from or reasonable notice to Grantor or Grantor's representative, provided, however, that in the event of an emergency, entrance may be made to 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. Grantee has the right to bring an action at law or in

equity to enforce the Restrictions contained herein. This right specifically includes the right to require restoration of the Property to a condition of compliance with the terms of this Easement as existed on the date of the gift of the Easement, except to the extent such condition thereafter changed in a manner consistent with the Restrictions; to recover any damages arising from non-compliance; and to enjoin non-compliance by ex parte temporary or permanent injunction. If the court determines that Grantor failed to comply with this Easement, Grantor shall reimburse Grantee for any reasonable costs of enforcement, including costs of restoration, court costs and attorney’s fees, in addition to any other payments ordered by the court. Grantee’s delay shall not waive or forfeit its right to take such action as may be necessary to insure compliance with this Easement, and Grantor hereby waives any defenses of waiver, estoppel or laches with respect to any failure to act by Grantee. Notwithstanding any other provision of this Easement, Grantor shall not be responsible or liable for any damage or change to the condition of the Property caused by: (a) fire, flood, storm, Act of God, or governmental act, (b) any other cause outside of Grantor’s control including the actions of any subsequent owner, or (c) any prudent action taken by Grantor to avoid, abate, prevent or mitigate damage or changes to the Property from such causes.


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SECTION IV – DOCUMENTATION Documentation retained in the office of Grantee including, but not limited to, the Baseline Documentation Report prepared by Evergreen Springs LLC (“Documentation Report”), describes the condition and character of the Property at the time of the gift. The Documentation Report 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. Grantor has made available to Grantee, prior to donating this Easement, documentation sufficient to establish the condition of the Property at the time of the gift. The parties hereby acknowledge that the Documentation Report contained in the files of Grantee is an accurate representation of the Property.

SECTION V – GENERAL PROVISIONS

1. DURATION. This Easement shall be perpetual. It is an easement in gross that runs with the land as an incorporeal interest in the Property. The covenants, terms, conditions and restrictions contained in this Easement are binding upon, and inure to the benefit of, the parties hereto and their successors and assigns, and shall continue as a servitude running in perpetuity with the Property. Landowner’s rights and obligations under this Easement terminate upon proper transfer of Landowner’s interest in the Property, except that liability for acts or omissions occurring prior to transfer shall survive transfer.

2. NO PUBLIC ACCESS. Although this Easement will benefit the public

as described above, nothing herein shall be construed to convey to the public a right of access to, or use of the Property other than visual access from public roads and waterways. Grantor retains the exclusive right to such access and use, subject to the terms hereof.

3. TITLE. Grantor covenants and warrants that Grantor has good title to the

Property, that Grantor has all right and authority to grant and convey this Easement and that the Property is free and clear of all encumbrances (other than utility and access easements) including, but not limited to, any mortgages not subordinated to this Easement.

4. ACCEPTANCE. Acceptance of this conveyance by Grantee is

authorized by Virginia Code Section 10.1-1701 and is evidenced by the signature of the County of Loudoun Attorney, by authority granted by County of Loudoun Board of Supervisors.

5. INTERACTION WITH OTHER LAWS. This Easement does not

permit any use of the Property which is otherwise prohibited by federal, state, or local law or regulation. Neither the Property, nor any portion of it, shall be included as part of the gross area of other property not subject to this Easement for the purposes of determining density, lot coverage or open-space requirements under otherwise applicable


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laws, regulations or ordinances controlling land use and building density. No development rights that have been encumbered or extinguished by this Easement shall be transferred to any other property pursuant to a transferable development rights scheme, cluster development arrangement or otherwise.

6. CONSTRUCTION. Any general rule of construction to the contrary

notwithstanding, this Easement shall be liberally construed to effect the purposes of the Easement and the policy and purposes of Grantee. If any provision of this Easement is found to be ambiguous, an interpretation consistent with the purpose of this Easement that would render the provision valid shall be favored over any interpretation that would render it invalid. Notwithstanding the foregoing, lawful acts or uses not expressly prohibited by this Easement are permitted on the Property. Grantor intends that the grant of this Easement qualify as a “qualified conservation contribution” as that term is defined in Section 170(h)(1) of the Internal Revenue Code and Treasury Regulations §1.170A-14, and the restrictions and other provisions of this instrument shall be construed and applied in a manner that will not prevent this Easement from being a qualified conservation contribution.

7. REFERENCE TO EASEMENT IN SUBSEQUENT DEEDS. This

Easement shall 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.

8. NOTICE TO GRANTEE. Grantor agrees to notify Grantee in writing

(i) before exercising any reserved right that Grantor believes may have an adverse effect on the conservation or open-space values or interests associated with the Property; and (ii) 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.

9. TAX MATTERS. The Grantor agrees and understands 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 IRS regulations (see Section 1.170A-13(c)(5)), and that the appraisal is subject to review and audit by all appropriate tax authorities. Grantee makes no express or implied warranties that any tax benefits will be available to Grantor from donation of this Easement, or that any such tax benefits might be transferable, or that there will be any market for any tax benefits that might be transferable. By its execution hereof, Grantee acknowledges and confirms receipt of the Easement and further acknowledges that Grantee has not provided any goods or services to Grantor in consideration of the grant of the Easement.

10. MERGER. Grantor and Grantee agree that in the event that Grantee

acquires a fee interest in the Property, this Easement shall not merge into the fee interest, but shall survive the deed and continue to encumber the Property.

11. ASSIGNMENT BY GRANTEE. Except for any conveyance as provided in

and permitted by the Open-Space Land Act, Grantee may not transfer or convey this


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Easement unless Grantee conditions such transfer or conveyance on the requirement that (1) all restrictions and conservation purposes set forth in this Easement are to be continued in perpetuity and (2) the transferee then qualifies as an eligible donee as defined in Section 170(h)(3) of the Internal Revenue Code as amended and the applicable Treasury Regulations.

12. GRANTEE’S PROPERTY RIGHT. Grantor agrees that the donation of

this Easement gives rise to a property right, immediately vested in Grantee, with a fair market value that is equal to the proportionate value that the perpetual conservation restriction at the time of the gift bears to the value of the Property as a whole at that time.

13. EXTINGUISHMENT, CONVERSION, DIVERSION. Grantor and

Grantee 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 extinguishment of open-space easements or loss of open-space unless in accordance with the provisions thereof. Nevertheless, should an attempt be made to extinguish this Easement, such extinguishment can be made only if in compliance with Section 10.1-1704. In any sale or exchange of the Property subsequent to an extinguishment, Grantee shall be entitled to a portion of the proceeds at least equal to the proportionate value of this Easement computed as set forth in Section 12 above, but not to be less than the proportion that the value of this Easement at the time of extinguishment bears to the then value of the Property as a whole. Grantee shall use all its share of the proceeds from the sale of the Property in a manner consistent with the conservation purpose of this easement and the Open-Space Land Act.

14. AMENDMENT. Grantee and Grantor may amend this Easement to

enhance the Property’s conservation values or add to the restricted property, provided that no amendment shall affect this Easement’s perpetual duration or reduce the Property’s conservation values. No amendment shall be effective unless documented in a notarized writing executed by Grantee and Grantor and recorded among the land records of the County of Loudoun, Virginia.

15. SEVERABILITY. If any provision of this Easement or its application to

any person or circumstance is determined by a court of competent jurisdiction to be invalid, the remaining provisions of this Easement shall not be affected thereby.

16. 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 the easement.

17. CONTROLLING LAW. The interpretation and performance of this

Easement shall be governed by the laws of the Commonwealth of Virginia.


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18. RECORDING. This Easement shall be recorded in the land records in the Circuit Court Clerk’s Office of the County of Loudoun, Virginia, and Grantee may re-record it any time as may be required to preserve its rights under this Easement.

19. NOTEHOLDER CONSENT. Bank of Clarke County, (herein “the Bank”),

is the Note holder under a certain Deed of Trust dated May 23, 2013, and recorded in the Clerk’s Office of the Circuit Court of Loudoun County, Virginia as instrument number 20130524-0043113, and an Assignment of Leases and Rents of even date and recorded as instrument number 20130524-0043114, which instruments together subject certain portions of the Property to the Bank’s lien. The Bank, and the Trustees under said Deed of Trust and Assignment of Leases and Rents, hereby consent to the Terms and Conditions and intent of this Conservation Easement, and agree that the note represented by said Deed of Trust shall be held subject to this Deed of Gift of Conservation Easement and joins in the execution of 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 and Assignment of Leases and Rents to this Easement.

TRUSTEES SUBORDINATION

THIS DEED FURTHER WITNESSETH that in consideration of the premises and the sum of one ($1.00), cash in hand paid, receipt of which is hereby acknowledged the Trustee, as authorized to act by the Beneficiary, as shown by its execution hereto, does hereby subordinate the lien of the Deed of Trust to the easements herein conveyed.

TO HAVE AND TO HOLD SAID subordinated property unto Owner, its successors and assigns, fully subordinated from the liens and operations of the Deed of Trust.

The undersigned warrant that this Deed is made and executed pursuant to authority properly granted by the respective articles of organization, operating agreement or majority vote of the members of the Owners and other parties hereto.

WITNESS the following signatures and seals:

[COUNTERPART SIGNATURE PAGES FOLLOW]


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[Counterpart signature page 1 of 5] Mosby’s Ridge Estates, LLC A Virginia limited liability company _____________________________ (SEAL) By: _____________________________ Its: _____________________________

COMMONWEALTH OF VIRGINIA, CITY/COUNTY OF ______________________, TO WIT: The foregoing instrument was acknowledged before me this ___ day of __________, 2014, by _________________________________, as _______________ of Mosby’s Ridge Estates, LLC, a Virginia limited liability company.

_____________________________ (SEAL) Notary Public

My commission expires: _______________________ Registration No: ____________________________


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[Counterpart signature page 2 of 5]

APPROVED AS TO FORM Accepted: BOARD OF SUPERVISORS OF LOUDOUN COUNTY, VIRGINIA, ASSISTANT COUNTY ATTORNEY By: _____________________________

COMMONWEALTH OF VIRGINIA, CITY/COUNTY OF _____________________________, TO WIT: The foregoing instrument was acknowledged before me this ________ day of ______________ 2014, by________________________, on behalf of the Board of Supervisors of Loudoun County, Virginia.




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[Counterpart signature page 3 of 5] Bank of Clarke County, Noteholder _____________________________ (SEAL) By: _____________________________ Its: _____________________________

COMMONWEALTH OF VIRGINIA, CITY/COUNTY OF ______________________, TO WIT: The foregoing instrument was acknowledged before me this ___ day of __________, 2014, by _________________________________, as _______________ of Bank of Clark County.




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[Counterpart signature page 4 of 5] _____________________________ (SEAL) By: Michael L. Bryan , Trustee

COMMONWEALTH OF VIRGINIA, CITY/COUNTY OF ______________________, TO WIT: The foregoing instrument was acknowledged before me this ___ day of __________, 2014, by Michael L. Bryan, Trustee.




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[Counterpart signature page 5 of 5] _____________________________(SEAL)By: John R Friant Jr., Trustee

COMMONWEALTH OF VIRGINIA, CITY/COUNTY OF ______________________, TO WIT: The foregoing instrument was acknowledged before me this ___ day of __________, 2014, by of John R Friant Jr., Trustee.


My commission expires:_______________________ Registration No: ____________________________


, 2014 Mosby’s Ridge Estates, LLC 121 N. Hatcher Avenue Purcellville, VA 20132 Re: Mosby’s Ridge Conservation Easement To Whom It May Concern:

This is to inform you that the County has determined that the conservation of the property owned

by Mosby’s Ridge Estates, LLC located in Loudoun County, Virginia, and composed of Tax

Map Parcels: 546-37-1892-000; 546-46-4316-000; 546-26-2040-000; 575-29-4138-000, by the

grant of a permanent conservation open space easement is consistent with the current

comprehensive plan of Loudoun County, Virginia. Compliance with the comprehensive plan is

documented in the Deed of Gift of Easement and the Mosby’s Ridge Baseline Documentation

Report dated June 5, 2014, prepared by Green Springs Environmental.

Loudoun County has agreed to be the holder of this Conservation and Open Space Easement

pursuant to its authority under the Open-Space Land Act, Title 10.1, Chapter 17 of the Virginia

Code.

Sincerely,

Tim Hemstreet County Administrator County of Loudoun


Date of Meeting: April 18, 2014

# 3 BOARD OF SUPERVISORS

TRANSPORTATION AND LAND USE COMMITTEE INFORMATION ITEM

SUBJECT: Conservation Easement Stewardship Program

ELECTION DISTRICT: Countywide

STAFF CONTACTS: Kristin Brown, Mapping and Geographic Information Larry Stipek, Mapping and Geographic Information

PURPOSE: The purpose of this item is to provide the Board of Supervisors with information regarding the County’s newly established Conservation Easement Stewardship Program.

BACKGROUND: Loudoun County is the co-holder or sole holder of approximately 450 conservation easements. A conservation easement restricts the use or development of real property for any of the following purposes:

• Retaining or protecting natural or open-space values of the 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 archeological aspects of the property

A landowner may convey such an easement to a public body or a qualified private conservation organization. In Virginia, public bodies may accept these types of easements under the Open Space Land Act, Va. Code § 10.1-1700 et seq. Qualifying private land trusts operate under the Conservation Easement Act, Va. Code § 10.1-1009 et seq.

A conservation easement is recorded in the land records and runs with the land. It may be acquired by various means – gift, purchase or as part of a local land development approval. When a landowner donates a conservation easement, there may be tax benefits depending on federal or state requirements and regulations.

When a qualified organization accepts a conservation easement, that organization has a responsibility to make sure that the terms of the easement are upheld. While some County easements have co-holding agencies with staff who work with landowners to ensure this, there are a number of conservation agreements in which the County is the sole easement holder. A Conservation Easement Stewardship Program establishes a framework within which County staff

ATTACHMENT 4A-27

Item #3: Conservation Easement Stewardship Program Transportation and Land Use Committee Meeting

April 18, 2014 Page 2

may work with landowners to answer questions, monitor eased properties, and confirm that the terms of the easements continue to be met. Conservation Easements in Loudoun County There are over 65,000 acres of land protected by conservation easements in Loudoun County. Some of these easements are held by the Virginia Outdoors Foundation or private land trusts. Loudoun County holds approximately 450 conservation easements. The majority of these County easements were created as a part of the development process, such as in the creation of a rural village, rural hamlet, or low density waiver subdivision, or through proffers approved as part of a rezoning. Approximately 20 were donations unrelated to development applications or were purchased by the County. Loudoun County holds 14 easements jointly with partnering organizations, such as the Virginia Outdoors Foundation or private land trusts. Why do we need a Conservation Stewardship Program? Members of partnering easement-holding organizations as well as citizens have expressed concern to County Administration over the lack of a stewardship program. In 2012, stewardship organization representatives were invited to discuss the rationale behind the establishment of a County program. Some of the reasons included:

• The County shares responsibility with the landowner as well as any co-holding organization to make sure the terms of the easement agreement are met. Failing to conduct site visits puts a greater burden on the landowner to correctly interpret and follow the terms of the agreement.

• It is easier and less costly to halt or rectify an agreement violation if it is caught early. • It allows staff to establish a central repository for conservation easement records and

information. • It creates a central point of contact for citizens to ask questions or get information about

conservation easements.

Members of the Loudoun County Preservation and Conservation Coalition’s Conservation Easement Committee offered to assist the County in developing a web site, forms, and letters to the owners, as well as general guidance on creating a stewardship program and in-the-field training on conducting site visits. Elements of a Stewardship Program Staff has set out to create a basic stewardship program that would accomplish the following:

1. Establish a process of conducting site visits to properties with conservation easements that are held or co-held by Loudoun County.

2. Create and maintain a permanent stewardship record repository. 3. Reach out to owners of properties with conservation easements to explain easement terms

and facilitate on-going stewardship activities.

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4. Educate the public about conservation easements. 5. Enforce, where necessary, the terms of easements.

Current Progress In 2013, staff in the Office of Mapping and Geographic Information completed initial mapping of all conservation easements that reference with the Virginia Open Space Land Act or the Virginia Conservation Easement Act. The GIS data will be updated as new conservation easements that meet the above terms are established within the County. Information will be made available to the public via the Office of Mapping’s mapping tool, WebLogis, as well as a custom, smartphone friendly interactive map. An introductory letter to landowners has been drafted, explaining that a County staff member will be contacting them to discuss a site visit to document any changes to the property since the easement was made. A field report form has also been created. A preliminary conservation website has been launched (www.loudoun.gov/conservationeasements), with basic information on open space easements, who to contact with questions, and Frequently Asked Questions (FAQs). In addition, staff from Mapping as well as Building and Development accompanied representatives from the Virginia Outdoors Foundation on site visits to properties with easements co-held by the County and VOF. Staff talked with landowners about the terms of easements, the history of the properties, and landowners’ future plans. Staff is in the process of establishing Memorandums of Understanding with all partner, easement-holding organizations. These are written, signed agreements regarding stewardship responsibilities of each organization. Proposed Next Steps As noted above, Loudoun County holds or co-holds approximately 450 conservation easements. Most of these easement agreements were created as a part of community development goals, where a permanent conservation easement was established under the village, hamlet, or low density waiver zoning options or in exchange for density considerations. Those types of easements do not qualify for federal or state tax benefits; however, they have significant value in the protection of natural, scenic and open space resources in the County. The Office of Mapping is investigating the possibility of using GIS analysis to assist in the monitoring of these particular types of easements. There are 14 conservation easements co-held with a partnering easement organization. These include eight easements with the Virginia Outdoors Foundation, two with the Potomac Conservancy, two with the Land Trust of Virginia, and one each with the Northern Virginia Conservation Trust and the Virginia Department of Historic Resources. While Loudoun County is jointly responsible to provide stewardship for these easements, representatives from each of these organizations have been making site visits and providing stewardship per the terms of the

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agreements. County staff and partnering organizations are working to write Memorandums of Understanding in order to officially establish these joint responsibilities. This leaves approximately six easements, acquired by gift or purchase, for which the County is the sole easement holder. These easements are not currently under stewardship, and site visits to each will form Phase I of the Stewardship Program. A letter to each landowner will be sent in the summer of 2014 with information on the program and links to the website and interactive web map, as well as a request for the best contact information so that a mutually beneficial time for a site visit can be scheduled (while it’s not necessary for the site owner or representative to be present for the visit, it’s both recommended and preferred). The easement agreement and aerial photographs for each of the properties will be reviewed. Then, staff from Building and Development and the Office of Mapping will begin to make visits to each of the properties to talk with the landowner and document changes that have occurred since the easement agreement was made. Future Plans The Office of Mapping is exploring the use of GIS analysis to assist in the stewardship of the easements. “Change detection” involves the spatial comparison of the infrared bands of aerial imagery from one year with that of another year to see if differences can be detected – this could be useful in determining if alterations have been made to properties with conservation easements. The Office of Mapping began to acquire imagery with infrared bands in 2009; infrared bands are now standard components of digital aerial imagery. If successful, this process may optimize the stewardship process, particularly for easements created through the zoning process. In addition, staff would like to implement an automated process by which an email is sent to interested parties each time a permit is pulled on a parcel with an Assessment Land Use code that indicates an easement. Staff from the Department of Information Technology has confirmed that this process will be possible once they have completed conversion of WebLMIS. FISCAL IMPACT: The Stewardship program will be implemented with existing staff and resources. ATTACHMENT:

1. Maps of conservation easements within Loudoun County

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Easement Held Solely by Loudoun County

Co-held by Loudoun County + Another Organization

Held or Co-Held by Organization(s) Other than Loudoun

Conservation EasementsL o u d o u n C o u n t y


Easement Holders:

Attachment 1

A-1

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Gift/ 3rd Party

Purchase of Development Rights

Development

Conservation EasementsL o u d o u n C o u n t y


Easement by Type:

A-2

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ATTACHMENT 5 A-33

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A-35

A-36

Documents

Transportation and Land Use Committee