Richd.DarneWilliam SwinkJoseph Sewell
At A Court Continued and held for Fairfax County the 21stday of March 1832
This Inventory and Appraisement of the Estate of William Maffitt decd.was returned and ordered to be recorded
Teste Wm.Moss
THIS DEED, made this 24th day of March, 1971, by and between Clive L. DuVal, 2nd and Susan B. DuVal, his wife, parties of the first part, hereinafter called the grantor, and the County of Fairfax, Virginia, party of the second part, hereinafter called County;
WHEREAS, the County has an interest in protecting and maintaining the scenic, historic and recreational value of land within the County and;
WHEREAS, the County also has a desire to shape the character, direction and timing of community development through the preservation of "open space" land and;
WHEREAS, the governing body of the County has determined that the acceptance of the conveyance of certain interests in land less than the fee will assist in accomplishing these above stated objectives, and;
WHEREAS, the grantor is the owner in fee simple of three certain parcels of land situate in Fairfax County, Virginia, containing in the aggregate 52.40897 acres of ground and being shown on the Tax Map of Fairfax County on Sheet 30-2, Double Circle One, Parcel 40, and Sheet 30-2, Double Circle One, Parcel 41, and Sheet 30-2, Double Circle One, Parcel 46A, having acquired said property by deeds recorded in Deed Book 1097 at Page 32, Deed Book 1041 at Page 123, Deed Book 1322 at Page 456, and Deed Book 1322 at Page 453, of the land records of the County of Fairfax; and
WHEREAS, the grantor desires to join in and participate in the maintenance of the character of the land described herein as open space land with scenic, historical and recreational value and to protect in perpetuity the mansion known as "Salona".
NOW, THEREFORE THIS DEED OF EASEMENT WITNESSETH THAT for and in consideration of the foregoing provisions and of the following terms and conditions, grantor does hereby grant and convey unto the County two separate easements, one a perpetual or permanent easement and one a temporary easement for at least a ten year period, both hereinafter described, over and applicable to portions of the land heretofore described, and further, grantor does hereby covenant that he will in each particular abide by the terms and conditions hereof and will execute such further assurances and/or do such other things as may reasonably be necessary to ensure that any successor in interest to the land herein described will also abide by the terms and conditions of these easements as hereinafter set out.
These easements are expressly covenanted by the grantor to run with the land and are not personal to him, and shall be binding upon any and all successors in interest to all or any part of the interests in the land herein described which may be now held or hereafter acquired by the grantor.
There shall be made no use of the land herein described save and except in accord with the terms and conditions of these easements, and no structure shall be erected thereon or vegetation destroyed or altered, except in accord with these said terms and conditions, provided, however, that these terms and conditions may be amended at any time by an instrument signed by the grantor or his successor in interest and by the County and recorded among the land records ofthe said County.
I. Terms and conditions of the Permanent Easement(Easement in Perpetuity)
A. Uses permitted under the permanent easement shall be:
1. Agriculture, including the tilling of soil, raising of crops, raising of livestock and poultry, and the maintenance and operation of dairies, mills, hatcheries, and/or other processing operations serving and required by the crops and/or livestock or poultry grown or raised upon the land described herein only.
2. Nurseries, greenhouses, forestry, and horticultural enterprises, and the sale of the products of such uses, limited to sale of products grown on the land described herein.
3. Water conservation, water supply, flood and drainage control, and impounding facilities.
4. The single family dwelling, known as the "Salona" mansion and outbuildings and facilities, appurtenant thereto, whether or not occupied by grantor. Professional practice or medicine, dentistry, law, real estate or insurance sales, architecture, art or music instruction, engineering or land surveying, by an actual bona-fide resident of such dwelling is permitted.
B. Uses, structures and acts expressly prohibited:
1. No building or other structure under the permanent easement shall hereafter be erected or allowed to remain upon the land herein described, provided that buildings and structures existing at the date of execution hereof, and additions thereto which do not increase grade level floor area by more than one hundred percent shall be permitted, and that small outbuildings and recreational facilities, including a swimming pool, may be constructed not closer than 200 feet to the mansion house known as "Salona".
2. The mansion house known as "Salona" as such structure exists at the date of the execution of this instrument, shall not be razed, demolished, moved or relocated until such action is approved by the Board of County Supervisors acting upon the advice of the Architectural Review Board as provided for in Section 30-2A.2 of the Code of Fairfax County or until such structure becomes uninhabitable or demolished through fire, storm or similar natural calamity.
3. No commercial or industrial use shall be commenced or allowed to continue, unless expressly permitted in (A) above or in any duly executed and recorded amendment hereof.
4. No sign, billboard, or other display shall be erected or allowed to remain on the property described herein, provided, that one sign of a size not greater than 25 square feet advertising the sale of the property or the products or activities available thereon may be erected.
5. No major grading or topographic change shall be accomplished except by express permission, in writing, from the Director of County Development of Fairfax County, or the successor to his duties. Such permission shall only be granted in accordance with a grading plan prepared by or at the direction of the grantor or his successor in interest and approved by Fairfax County. Major grading shall be deemed to mean any grading performed by machine, other than hand-operated machines.
6. No trees or shrubbery over 8 inches in diameter measured 5 feet above ground shall be cut down or removed except by express permission, in writing, from the Director of County Development of Fairfax County, or the successor to his duties, provided, however, that management of existing trees, shrubs or other vegetation, including trimming and removal, may be accomplished in accord with accepted professional practice at the time such work is performed, without such permission.
II. Terms and conditions of the temporary easement.
A. Uses permitted under the temporary easement shall be:
1. Agriculture, including the tilling of soil, raising of crops, raising of livestock and poultry, and the maintenance and operation of dairies, mills, hatcheries, and/or other processing operations serving and required by the crops and/or livestock or poultry grown or raised upon the land described herein only.
2. Nurseries, greenhouses, forestry, and horticultural enterprises, and the sale of the products of such uses, limited, however, to sale of products grown on the land described herein.
3. Recreation, including, but not limited to, camping, picnicking, boating, fishing, swimming, horseback riding, golf courses (excluding miniature golf), driving ranges, and other similar outdoor activities, whether operated commercially or privately.
4. Water conservation, water supply, flood and drainage control, and impoundment facilities.
5. Three single family dwellings not more than 40 feet in height and related outbuildings, facilities and access roads, whether or not occupied by grantor, on lots of not less than one acre, including such grading and removal of trees and shrubbery as may be desirable or necessary in connection therewith. Professional practice of medicine, dentistry, law, real estate or insurance sales, architecture, art or music instruction, engineering or land surveying, by an actual bona-fide resident of such dwelling is permitted.
B. Uses, structures and acts under the temporary easement expressly prohibited:
1. No building or other structure, except as permitted in Paragraph IIA5 above, shall hereafter be erected or allowed to remain upon the land herein described, provided that buildings and structures existing at the date of execution hereof, and additions thereto which do not increase grade level floor area by more than one hundred percent shall be permitted.
2. No commercial or industrial use shall be commenced or allowed to continue, unless expressly permitted in (A) above or in any duly executed and recorded amendment hereof.
3. No sign, billboard, or other display shall be erected or allowed to remain on the property described herein, provided, that one sign of a size not greater than 25 square feet advertising the sale of the property or the products or activities available thereon may be erected adjacent to each separate public street upon which the land described herein has frontage.
4. No major grading or topographic change shall be accomplished except by express permission, in writing, from the Director of County Development of Fairfax County, or the successor to his duties. Such permission shall only be granted by reference to a grading plan prepared by or at the direction of the grantor or his successor in interest. Major grading shall be deemed to mean any grading performed by machine, other than hand-operated machines.
5. No trees or shrubbery over 8 inches in diameter measured 5 feet above ground shall be cut down or removed except by express permission, in writing, from the Director of County Development of Fairfax County, or the successor to his duties, provided, however, that management of existing trees, shrubs or other vegetation, including trimming and removal, may be accomplished in accord with accepted professional practice at the time such work is performed, without such permission.
III. Description of Easements Conveyed
1. The land subject to the rights and restrictions imposed herein for perpetuity (permanent easement) is described as follows: 8.09917 acres in and around the mansion house, "Salona", being a portion of the 52.40897 acres heretofore mentioned and more particularly described in a survey by Northern Virginia Survey as follows:
Beginning at an iron pipe marking the Southeast corner of Lot 9, Section 4, Salona Village, said point of beginning being in the North Right of Way line of Sothron Street;thence through the land of DuVal. N. 74° 46' 20" E. 630.00 feet to a point; thence S. 15° 13' 40" E. 560.00 feet to a point; thence S. 74° 46' 20" W. 630.00 feet to a point in the East line of lot 10; thence with the East line of lot 10, and continuing through the land of DuVal, N. 15° 13' 40" W. 560.00 feet to the point and place of beginning containing 8.09917 acres of land.
2. The land subject to the rights and restrictions imposed hereby for a period of at least ten (10) years (temporary easement) is described as follows: 44.30980 acres of the approximately 52 acres of land heretofore mentioned more particularly described in a survey by Northern Virginia Surveys as follows:
Beginning at a point marking the Intersection of the West line of Buchanan Street (50' Right of Way) and the South line of Sothron Street (50' Right of Way); thence with the South line of Sothron Street N. 70° 02' 30" E. 25.00 feet to a point; thence with the West line of Salona Village, section 6, S. 19° 57' 30" E. 1728.67 feet to a point; thence with the North line of Salona Village, section 8, N. 53° 30' 40" W. 499.41 feet to a point; thence S. 75° 00' 00" W. 320.00 feet to a point; thence N. 77° 35' 20" W. 11.81 feet to a point; thence with the land of Goralski N. 7° 35' 20" W. 267.78 feet to a point; thence S. 82° 24' 40" W. 186.24 feet to a point; thence S. 7° 35' 20" E. 200.00 feet; thence continuing with the North line of Salona Village, section 8, S. 82° 24' 40" W. 276.00 feet to a point; thence with the East lines of Salona Village, section 4, N. 15° 13' 40" W. 758.50 feet to a point; thence S. 74° 46' 20" W. 200.00 feet to a point;thence N. 15° 13' 40" W. 444.90 feet to a point; thence N. 74° 46' 20" E. 200.00 feet to a point; thence N. 15° 13' 40" W. 976.54 feet to a point; thence with the South line of Dolly Madison Blvd. (Rt. 123) N. 70° 33' 40" E. 722.74 feet to a concrete Right of Way monument; thence N. 76° 19' 10" E. 100.70 feet to a concrete Right of Way monument; thence S. 53° 23' 00" E. 25.79 feet to a point; thence with the West line of Buchanan Street, S. 19° 57' 30" E. 1021.16 feet to the point and place of beginning containing 52.40897 acres of land.
Excepting therefrom all that piece of property more particularly described above as the land subject to the "permanent easement" containing 8.09917 acres of land.
IV. Termination of the rights, title, and interest of the County in the land herein described, acquired under the provisions of the temporary easement shall occur under, and only under, one of the following provisions:
1. By deed of release and vacation of this easement executed by the County, accepted by grantor or his successor in interest, and recorded as provided by law.
2. Immediately upon the filing by the County, or by any other body, public or private, or a condemnation action seeking property rights in the land described herein or any part thereof.
3. Ninety days after the date of death of a grantor.
4. Ten years from the date of this instrument; provided, however, that the temporary easement shall continue thereafter unless otherwise terminated as set out above or unless and until terminated by either party by the service upon the other party by certified mail of a written90 day notice of termination to be effected by the recordation among the land records of Fairfax County of a properly executed deed of release and vacation of said temporary easement which stipulates that the above mentioned 90-day notice had been sent as required.
V. Termination of the rights, title and interest of the County in the land herein described acquired under the provisions of the permanent easement shall occur, and only under, the following provisions:
1. By deed of release and vacation of this easement executed by the County, accepted by grantor or his successor in interest, and recorded as provided by law.
2. Immediately upon the filing by the County, or by any other body, public or private, of a condemnation action seeking property rights in the land described herein or any part thereof.
VI. Future Density Determination
If at any time the temporary easement is terminated as set out above and the 8.09917 acres subject to the permanent easement is included in any Deed of Subdivision and Dedication for the development of the 44.30980 acres previously subject to the temporary easement, the County of Fairfax, by its acceptance of this Deed of Easement agrees to include acreage of the permanent easement in the computation of the density to be permitted in the development of the acreage previously subject to the temporary easement.
VII. Definitions of terms
1. "Grantor" shall be deemed to be singular or plural, male or female, as the context may require.
2. "Successor in interest" shall be deemed to be singular or plural, male or female, as the context may require; where an act is required to be performed or the instrument is required to be executed, this term shall be deemed to mean all of the successors to all of the interests of all of the grantors.
3. The parties hereto express their intent to effectuate the purposes of the Open Space Land Act (Chap. 13, Title 10, Code of Va. 1950 Amended), and to that end consent to such constructions of terms not otherwise defined above as will accomplish such purpose.
IN WITNESS of all of which, the parties hereto have set their hands and seals and acknowledged the execution hereof:
SEAL____________________(LS)ATTEST:_______________________________(LS)Clive L. DuVal, 2ds/Susan B. DuVal (LS)______________________GrantorsSTATE OF VIRGINIAto-wit:COUNTY OF FAIRFAX
This 29 day of December, 1970, appeared before me in my State and County aforesaid Clive L. DuVal 2nd and Susan B. DuVal, and ____________, whose names are signed above as grantors, and acknowledged the said signatures as theirs.
Mary Ellen StearsNotary PublicMy commission expires: My commission expires August18, 1974COUNTY OF FAIRFAX, VIRGINIABy G. J. Kelley, Jr.County ExecutiveAttest: Edna BickslerClerk
STATE OF VIRGINIAto-wit:COUNTY OF FAIRFAX
This 24th day of March, 1971, appeared before me in my County and State aforesaid, George J. Kelley, Jr. and acknowledged his signature affixed above as his, and further, having been first duly sworn, made oath that he is authorized by the Board of Supervisors of Fairfax County, Virginia, to execute this instrument on behalf of said County.
Hazel C. ShearNotary PublicMy commission expires: Jan. 31, 1972
In the Clerk's Office of the Circuit Court of Fairfax County, Virginia APR 8, 1971 at 12:39 PM This instrument was received and, with the certificate annexed, admitted to record
Teste:W. Franklin Gooding Clerk
American Genealogical Research Institute.History ofthe Carter Family.Washington, D.C.: 1972.
Arnett, Ethel Stephens.Mrs. James Madison: TheIncomparable Dolley.Greensboro, N.C.: PiedmontPress, 1972.
Brant, Irving.James Madison: Commander in Chief,1812-1836.Indianapolis: Bobbs Merrill, 1961.
Brockett, F. L.The Lodge of Washington.Alexandria, Va.: George E. French, c. 1875.
Clark, Allan C.Life and Letters of Dolly Madison.W. F. Roberts Co., 1914.
Commonwealth of Virginia.Manual of the Senate andHouse of Delegates.Richmond, Va.: Department of Purchasing and Supply, 1978.
Fairfax County Office of Comprehensive Planning.FairfaxCounty in Virginia: Selections from Some RareSources.Fairfax, Va.: Office of Comprehensive Planning, 1974.
Gamble, Robert S.Sully: The Biography of a House.Chantilly, Va.: The Sully Foundation, Ltd., 1973.
Gillespie, Franklin B.A Brief History of theLewinsville Presbyterian Church.n.d.
Hall, Florence Howe.The Story of the Battle Hymn ofthe Republic.Freeport, N.Y.: Books for Libraries Press, reprint 1971.
Hammett, Regina Combs.History of St. Mary's County,Maryland.Ridge, Md.: by the author, 1977.
Harrison, Fairfax.Landmarks of Old Prince William.Berryville, Va.: Reprint, Chesapeake Book Company, 1964.
Johns, John H.History of the Rock Presbyterian Churchof Cecil County, Md.Oxford, Pa.: Oxford Press, 1872.
Klapthor, Margaret Brown and Brown, Paul Dennis.Historyof Charles County, Maryland.La Plata: Charles County Tercentennary Committee, 1958.
Langford, Laura Carter Holloway.Ladies of the WhiteHouse; or in the Home of the Presidents Being aComplete History of the Social and Domestic Livesof the Presidents from Washington to Hayes, 1789-1880.Philadelphia, Pa.: Bradley, 1880.
Lee, Edmund Jennings.Lee of Virginia, 1642-1892.Philadelphia: By the author, 1895.
Lee, Gardner Cazenove, Jr.Lee Chronicle.New York: New York University Press, 1957.
Lloyd, Alan.The Scorching of Washington.Washington, D.C.: R. B. Luce, 1975.
Lord, Walter.Dawn's Early Light.New York: W. W. Norton Co., 1972.
Mackall, Sarah Somervell.Early Days of Washington.Washington, D.C.: By the author, 1899.
Mitchell, Beth.Beginning at a White Oak: Patentsand Northern Neck Grants of Fairfax County.Fairfax, Va.: Office of Comprehensive Planning, 1977.
Morrison, A. J.The Beginnings of Public Educationin Virginia, 1776-1860.Richmond, Va.: Virginia State Board of Education, 1917.
Netherton, Nan, Sweig, Donald, Artemel, Janice, Hickin, Patricia, and Reed, Patrick.Fairfax County,Virginia: A History.Fairfax, Va.: Fairfax County Board of Supervisors, 1978.
Newman, Harry Wright.The Smoots of Maryland andVirginia.Washington, D.C.: By the author, 1936.
Powell, Mary G.History of Old Alexandria, Va.Richmond, Va.: William Byrd Press, 1928.
Rafuse, Diane.Maplewood.Fairfax, Va.: Office of Planning, 1970.
Randolph, Robert Carter.The Carter Tree.Richmond, Va.: By the author, 1951.
Steadman, Melvin.Falls Church by Fence and Fireside.Falls Church, Va.: Falls Church Public Library,1964.
Stetson, Charles W.Washington and His Neighbors.Richmond, Va.: Garrett & Massie, Inc., 1956.
Virginia General Assembly.Register of the GeneralAssembly from 1619-1976.Richmond, Va.: Virginia General Assembly, 1978.
Washington, George.The Writings of George Washington,1749-1799.John C. Fitzpatrick, ed. Washington, D.C.: United States Government Printing Office,1941.
Woodward, Evan Morrison.Our Campaign.Philadelphia: J. E. Potter Co., 1865.
Works Projects Administration, Writers' Program.Virginia, a Guide to the Old Dominion.New York: Oxford University Press, 1941.
Alexandria Gazette, December 24, 1799; January 30, 1800; February 10, 1800; November 4, 1801; January 8, 1802; April 30, 1802; February 21, 1803; May 7, 1803; November 11, 18, 1811; August 18, 1812.
Fairfax CountyFree Press Newspapers, September 29, 1966.
Fairfax CountySun-Echo, January 15, 1965.
Globe, May 14, 1970.
Historical Society of Fairfax County, Virginia.Year-book, Fairfax, Va.: Historical Society, 1971.
McLeanProvidence Journal, April 29, 1960; February 11, 1977.
"The Rambler,"Sunday Star, August 2, 1914.
Washington Post, April 23, 1961.
Washington Star, May 20, 1932; March 18, 1965.
Fairfax County, Virginia, Deed Book, J-2; V-2; Z-2; C-3; G-3; J-3; T-3; 635; 1041; 1097; 1322; 3418; 4159
Fairfax County Ordinance of Secession, Lewinsville Precinct, #18, May 23, 1861. Fairfax County Courthouse, and copy, Virginia Room, Fairfax County Central Library.
Fairfax County Personal Property Tax Records, 1805.
Fairfax County, Virginia, Personal Property Tax Books, 1812-1843. Microfilm, Virginia State Library, Archives Division.
Fairfax County Real Property Tax Books, 1790-1813. Virginia State Library, Archives Division.
Fairfax County, Virginia, Real and Personal Property Tax Assessments, 1854-1900. Virginia State Library, Archives Division.
Fairfax County, Virginia, Will Book H; I; J; K; L; N; Q.
Fairfax County Census, 1810, #284.
Virginia Mutual Assurance Society records, Virginia State Library, Richmond, Virginia.
Alexandria Academy Minutes, Board of Trustees. April, 1795; March, 1804.
Alexandria Library Company Minutes. 1801, 1802, 1803, 1804.
Artemel, Janice G. A Preliminary Survey of the Literature on James Wren. Unpublished study. Falls Church, Virginia.
Letter from Dr. Benjamin Franklin Cooling, U.S. Army Military History Institute, Carlisle Barracks, Pennsylvania, to Mrs. Ross D. Netherton, Fairfax, Virginia. December 5, 1978. Working papers forSalona, Virginia Room, Fairfax County Central Library.
DuVal family scrapbooks, Volumes I-VII, 1944-1978, Salona.
Interviews with Susan and Clive DuVal by the author.
Interview with Susan and Clive DuVal, January 11, 1979, by Nan Netherton.
James Jarboe Papers. Manuscript Collection, Maryland Historical Society, Baltimore.
Letter to the author from Ruth B. Lee, librarian of the Historical Foundation of the Presbyterian and Reformed Church, Montreat, N.C. March 29, 1977.
Letter from Ann B. Maffitt, dated July 22, 1828, to Col. George W. Hunter. Copy inSalonaworking papers, Virginia Room, Fairfax County Public Library. Manuscripts Division, Alderman Library, University of Virginia, Charlottesville, Virginia.
Letter from Harriotte Maffitt to George Turberville, July 13, 1819. Copy provided by Henry and Douglass Mackall from original in possession of George Turberville of Manassas.
Interviews with Peter Maffitt by the author.
Ludwell Lee Montague letter to Eleanor Lee Templeman, May 4, 1969.
Old Presbyterian Meeting House, Alexandria, Baptismal Records.
Presbyterian Church in the United States of America, Minutes of the General Assembly. 1798; 1808; 1809; 1814; 1824.
Letter from Ann Calvert (Stuart) Robinson to Elizabeth Collins Lee, October 19, 1806. Lee Family Papers, Section II, Richard Bland Lee, Virginia Historical Society.
Interviews with Smoot family members by the author.
Interview with John D. K. Smoot, by Nan Netherton, January 18, 1979.
Letter from the University of Delaware to the author, April 4, 1977. Working papers, Virginia Room, Fairfax County Central Library.
Letter from William C. Woodbridge (director of The Asylum) to the Reverend William Maffitt, September 21, 1820. Copy provided by Henry and Douglass Mackall from original in possession of George Turberville of Manassas.