Scenic,
Open Space and Architectural Facade Easement
THIS DEED OF SCENIC, OPEN SPACE
AND ARCHITECTURAL FACADE EASEMENT is made this ______ day of _________, 200__,
by and between _______________________________________, husband and wife, of
Washington, D.C. (“Grantors”), and FOUNDATION FOR THE PRESERVATION
OF HISTORIC GEORGETOWN (“Grantee”), a nonprofit corporation organized
under the laws of the District of Columbia.
W I T N E S S E T H:
WHEREAS, the Grantee is a nonprofit corporation under the District of Columbia
Nonprofit Corporation Act, organized to preserve and protect in the public interest
the historic community known as Old Georgetown as defined by Public Law 808
of the 81st Congress, which law was enacted in part to preserve and protect
the places and areas of historic interest, exterior architectural features and
examples of the type of architecture used in the National Capital in its initial
years; and,
WHEREAS, Grantee is qualified organization as defined in Section 170(h)(3) of
the Internal Revenue Code of 1986; and,
WHEREAS, Grantee is authorized to accept and administer gifts of real and personal
property, including Scenic, Open Space, and Architectural Facade Easements,
in furtherance of its public purposes, under the provisions of Section 45-2601
of the District of Columbia Uniform Conservation Easement Act of 1986 (the “Act”);
and,
WHEREAS, the Grantors are the owners in fee simple of improved real property,
consisting of a house and lot and any auxiliary buildings together identified
as Lot ___, Square ____, Washington, DC, with a street address of _____________,
NW, Washington, DC 20007, located in the Old Georgetown Historic District (all
together constituting the “Premises”), a copy of the plat and legal
description of which is attached hereto and incorporated herein as Exhibit A;
and,
WHEREAS, the exterior surfaces of improvements on the subject Premises are those
depicted in the photographs attached hereto and such other exterior windows,
chimneys, roofs, shutters, doors, steps, stoops, and other exterior parts and
fixtures actually in place and whether or not shown, which photographs are incorporated
herein as Exhibits B-1, B-2, B-3, and B-4, and the footprint(s) of the building(s)
on the Premises is/are as depicted on the plat incorporated herein as Exhibit
A; and,
WHEREAS, the Old Georgetown Historic District, in which the Premises are located,
has been declared a National Historic Landmark by action of the Secretary of
the Interior, under the provisions of the Historic Sites Act of 1935, and has
been placed on the National Register of Historic Places maintained by the Department
of the Interior; and,
WHEREAS, the Old Georgetown Historic District in which the Premises are located
is a Category II Landmark designated by the Joint Committee on Landmarks of
the National Capital; and,
WHEREAS, the Premises are significant in American and Georgetown history and
culture and constitute an important element in the architectural and landscape
ensemble of the Old Georgetown Historic District as a landmark of importance
which contributes significantly to the cultural heritage and visual beauty of
the District of Columbia and should be preserved if possible; and,
WHEREAS, the grant of a Scenic, Open Space, and Architectural Facade Easement
by Grantors to Grantee on the Premises will contribute to preserving and maintaining
the Premises and the architectural, historical, cultural and landscape features
of the Old Georgetown Historic District; and,
WHEREAS, to this end, Grantors desire to grant to Grantee, and Grantee desires
to accept, a Scenic, Open Space, and Architectural Facade Easement on the Premises:
NOW, THEREFORE, in consideration of ten and no/100 Dollars ($10.00), the reciprocal
promises hereinafter contained, and other good and valuable consideration, receipt
of which is hereby acknowledged, Grantors do hereby irrevocably grant and convey
to Grantee a Scenic, Open Space, and Architectural Facade Easement in gross
in perpetuity (the Easement), which is more particularly described below, in
and to that certain real property and the exterior surfaces as hereinabove recited
and present footprint(s) of the Improvements located thereon all owned by the
Grantors, and more particularly described herein as the Premises.
The Easement granted herein shall constitute a binding servitude upon said Premises
of Grantors. To that end, Grantors covenant on behalf of themselves, their successors
and assigns (the word “Grantors” when used herein includes said
successors and assigns whether or not specifically so stated), with Grantee,
its successors and assigns (the word “Grantee” when used herein
includes such successors and assigns whether or not specifically so stated),
such covenants being deemed to run as a binding servitude, in perpetuity, with
the land, to do (and refrain from doing) upon the Premises each of the following
covenants and stipulations, which contribute to the public purpose in that they
aid significantly in the preservation of the historic site in question and of
the Old Georgetown Historic District:
(1) Prohibition on Alterations. No demolition, construction, alteration or remodeling
or any other thing shall be undertaken or permitted to be undertaken on the
subject Premises which would affect either the exterior surfaces as hereinabove
described and recited, or change the height or footprint or alter the exterior
facade or the appearance of any building located thereon, or which would adversely
affect the structural soundness of the Premises;
Provided, however, that the reconstruction, repair, repainting or refinishing
of presently existing parts or elements of the Premises subject to this Easement,
damage to which has resulted from casualty loss, deterioration, or wear and
tear, shall be permitted;
Provided, also, that such reconstruction, repair, repainting (specifically including
color) or refinishing is performed in a manner which will not alter the exterior
of the Premises in any way that is inconsistent with the historical character
of the Premises;
Except, however, that nothing in this easement shall prevent Grantors, their
successors or assigns, from maintaining in place or replacing the existing installation
of window air-conditioning devices or through-wall air-conditioning devices
and television antennas, or for adding one television dish not more than 30"
in diameter.
In all events, Grantors, in painting all or any part of the exterior of any
building on the Premises or any exterior part or feature thereof, agree to obtain
the prior written permission of the Grantee, its successors or assigns, signed
by a duly authorized representative thereof, as to the quality and color of
paint to be used if either is proposed to be significantly different from that
presently existing.
(2) Maintenance in Good Repair. The Premises herein described, and the exterior
surfaces as hereinabove recited (including, without limitation, the exterior
walls, roofs and chimneys of the buildings located thereon) will be maintained
in a good and sound state of repair, subject to the casualty loss provisions
stated below. Grantors shall maintain the exterior appearance of all buildings.
(3) Residential Use. The Premises shall be used only for single-family residential
purposes (“single-family” being defined for purposes of this clause
as persons related by blood or marriage within the degree recognized by the
law of the District of Columbia for distribution of intestate estates, or not
more than four persons living together who are not related by blood or marriage),
plus a reasonable number of household employees of such single-family, and expressly
shall not be used for a boarding house, rooming house, dormitory, community-based
residential or day-care facility, educational facility, or residence for a religious
community, and no industrial or commercial (including, without limitation, professional
services excepting only a sole practice which is permitted under the zoning
regulations in effect
from time to time and which has no employees working on the premises) activities
shall be conducted in or on the Premises.
(4) Prohibition on Subdivision. Premises shall not be subdivided into any one
or more record and/or tax and/or theoretical lots, nor shall same ever be devised
or conveyed except as a unit without regard to whether any omitted part would
become or would not become a tax or record or theoretical lot. The term “subdivision”
means any division or assemblage of land and any deletion or removal of any
previously existing boundary line and any creation of any boundary line not
previously existing and includes any means by which a theoretical lot would
be created.
(5) Prohibition on Additions and Extensions; Repair. No extension of any existing
structure or erection of any additional structures shall be permitted, except
that in the event of damage resulting from casualty loss (as defined below)
to an extent rendering repair or reconstruction of the existing improvements
impracticable, erection of a new single-family residential structure not exceeding
the present footprint, height and bulk, shall be permitted. The exterior style
and appearance of such replacement structure shall be consistent with the period
style and appearance of the structure replaced.
(6) Prohibition on Transmission Lines. No utility transmission lines, except
those reasonably required for the existing residence and existing auxiliary
buildings may be created on the Premises, subject to utility easements already
recorded.
(7) Prohibition on Dumping. No dumping of ashes, sawdust, bark, trash, rubbish
or any other unsightly or offensive materials which are visible from public
roads or streets shall be permitted on the Premises.
(8) Prohibition on Excavation. No excavation shall occur upon the Premises.
(9) Prohibition on Topographical Changes. No other topographical changes including
the cutting of trees greater than eight (8) inches in diameter three (3) feet
above ground shall occur upon the property. If any tree greater than eight (8)
inches in diameter three (3) feet above ground dies or is dangerously decayed,
Grantors will provide to the Grantee written documentation of its state along
with a request for permission to remove, which permission shall not be unreasonably
withheld. In all events, Grantors shall maintain trees, shrubbery, and lawn
in good manner and appearance in conformity with good forestry and horticultural
practices.
(10) Inspection of Premises By Grantee. Grantors, their successors and assigns,
hereby agree that representatives of Grantee, its successors or assigns, shall
be permitted at all reasonable times to inspect the premises. Inspections normally
will take place from the driveway and land and gardens of the Premises; however,
Grantors agree that representatives of Grantee, its successors or assigns, shall
on prior request be permitted to enter and inspect the interior of any building
on the Premises to ensure maintenance of structural soundness. Any such inspection
of the interior will be made at a time agreed upon by Grantors and Grantee,
its successors and assigns, Grantors covenanting not to withhold unreasonably
their consent in determining a date and time for inspection of the interior.
(11) Plaque. Grantee, it successors or assigns, may provide and maintain a plaque
on the Premises which can be seen from public space. The plaque is not to exceed
eight by twelve inches in size, will give notice of the history of the house
and/or the grant of this Easement.
(12) Prohibition on Signage. No other signs, billboards, or advertisements (including
no sign of any professional practice which may be permitted on the Premises)
shall be displayed or placed on the Premises except (a) such plaques or other
markers as are appropriate for commemorating the historic importance of the
Premises; (b) such signs or markers as are necessary to direct and restrict
the passage of persons or the parking of vehicles upon the Premises; (c) a sign
or signs stating solely the address of the property; and (d) temporarily when
required a notice that the Premises are for sale.
(13) Prohibition on Other Structures. With the single exception specified in
paragraph (1), page 3, above, for adding one television dish, no satellite receiving
dishes or other structures including, but not limited to, camping accommodations,
shall be erected or placed at any place on the Premises.
(14) Violations; Grantee’s Consent. Any application for subdivision into
tax or record lots or theoretical lots or for a zoning variance or special exception
at the Premises by the Grantors, their successors or assigns or any agents or
representatives of same, is a violation of this Easement. Any application for
conceptual review or permit review from any governmental body by the Grantors,
their successors or assigns or agents or representatives thereof, without the
express advance written permission of the Grantee signed by a duly authorized
representative, is a violation of this Easement.
(15) Extinguishment of Development Rights. To the extent that Grantors own or
are entitled to development rights which may exist now or at some time hereafter
by reason of the fact that under any applicable zoning or similar ordinance
the Premises may be developed to any use more intensive (in terms of height,
bulk, footprint, or other objective criteria regulated by such ordinances) than
that to which the Premises are devoted as of the date hereof, such development
rights shall not be exercisable on, above, or below the Premises nor shall they
be transferred to any adjacent parcel and exercised in a manner that would interfere
with the preservation and conservation purposes of the Easement.
(16) Grantee’s Remedies Upon Violation of This Agreement. Grantee has
the following legal remedies to correct any violation of any covenant, stipulation
or restriction herein, in addition to any remedies now or hereafter provided
by law:
(a) Grantee may, following reasonable notice to Grantors, institute a suit to
enjoin by ex parte preliminary, temporary, and/or permanent injunction such
violation and to require the restoration of the Premises to its prior condition.
(b) In the alternative, when in the sole discretion of the authorized representative
of the Grantee such action is necessary to carry out the purpose of this Easement,
representatives of Grantee may enter upon the Premises, correct any such violation,
and hold Grantors responsible for the cost thereof personally and as a lien
on said Premises;
(c) Such cost until repaid shall constitute a lien on the Premises;
(d) Grantee shall exercise reasonable care in selecting independent contractors
if it chooses to retain such contractors to correct any such violations, including
making reasonable inquiry as to whether any such contractor is properly licensed
and has adequate liability insurance;
(e) Grantee shall also have available all legal and equitable remedies to enforce
Grantors obligations hereunder;
(f) In the event Grantors are found to have violated any of their obligations,
Grantors shall reimburse Grantee for any costs or expenses incurred in connection
therewith, including court costs and attorneys’ fees; and
(g) Exercise by Grantee of one remedy hereunder shall not have the effect of
waiving or limiting any other remedy, and the failure to exercise any remedy
shall not have the effect of waiving or limiting the use of any other remedy
or the use of such remedy at any other time.
(17) Grantee’s Status. The Grantee hereby agrees that it is and will remain
a qualified organization for purposes of Section 170(h)(3) of the
Internal Revenue Code of 1986 (the “Code”). In the event that the
Grantee’s status as a qualified organization is successfully challenged
by the Internal Revenue Service, then the Grantee shall promptly transfer all
of its rights and obligations under this Easement to the National Trust for
Historic Preservation in the United States or to another qualified organization
under the Code.
(18) National Trust for Historic Preservation. In the event that the Grantee
shall at any time in the future become the fee simple owner of the Premises,
Grantee agrees that the rights and obligations herein accepted shall, immediately
before title passes to Grantee, pass to and be vested in the National Trust
for Historic Preservation in the United States or comparable organization which
will accept and enforce such easements; provided, however, that this Easement
shall not be transferable to such National Trust for Historic Preservation or
to any other transferee by Grantee in exchange for money, other property or
services.
(19) Assignment By Grantee. Grantors agree that the Grantee may, at its discretion,
and without prior notice to Grantors, convey and assign this Easement to such
National Trust for Historic Preservation in the United States or comparable
organization which will accept and enforce such easements; provided, however,
that this Easement shall not be transferable to such National Trust for Historic
Preservation by the grantee in exchange for money, or other property or services.
(20) Transfer By Grantee. This Easement shall not be transferable at any time
except to a transferee which shall agree to and shall be bound to carry out
all the purposes and provisions of the Easement, and no such transfer shall
ever be made in exchange for money, other property or services.
(21) Easement Recordation. Grantee will do and perform at its cost (provided,
however, that Grantee shall not be charged with payment of transfer and/or recordation
tax, or recording fees of the recorder of Deeds if any), any acts necessary
to the recording of this Deed of Scenic, Open Space and Architectural Facade
Easement among the land records of the District of Columbia in the office of
the Recorder of Deeds for the District of Columbia and in any other place required
by law or appropriate to carrying out this Easement.
(22) Purpose of Easement. The Grantee shall hold this Easement for conservation
and preservation purposes only.
(23) Damage or Destruction Caused By Casualty. In the event that the Premises
or any part thereof shall be damaged or destroyed by casualty, the Grantors
shall notify the Grantee in writing within ten (10) days of the discovery of
damage or destruction, such notification including what, if any, emergency work
has already been completed. For purposes of this Easement, the term casualty
is defined as such sudden damage or loss as would qualify for a loss deduction
pursuant to Section 165(c)(3) of the Code (construed without regard to the legal
status, trade, or business of the Grantor or any applicable dollar limitation).
No repairs or reconstruction of any type, other than temporary emergency work
to prevent further damage to the Premises and to protect public safety, shall
be undertaken by Grantors without the Grantee’s prior written approval
of the work. Within four (4) weeks of the date on which Grantor notifies Grantee
of such damage or destruction, the Grantor shall submit to the Grantee a written
report prepared by a qualified restoration architect and an engineer, if required,
acceptable to the Grantor and the Grantee which shall include the following:
(a) as assessment of the nature and extent of the damage;
(b) a determination of the feasibility of the restoration and/or reconstruction
of damaged or destroyed portions of the Premises; and
(c) a report of such restoration/reconstruction work necessary to return the
Premises to the condition existing at the date hereof. If, in the opinion of
the Grantee, after reviewing such report, the purpose and intent of the Easement
will be served by such restoration/reconstruction, the Grantor shall within
twenty-four (24) months after the date of such change or destruction complete
the restoration/ reconstruction of the Premises in accordance with plans and
specifications consented to by the Grantee up to at least the total of the casualty
insurance proceeds. In the event the costs exceed such insurance proceeds, and
Grantor declines to provide needed funds in excess of such insurance proceeds,
then all insurance proceeds shall be applied to such restoration, and Grantee
has the right to raise funds and apply same toward the costs of restoration
or partially destroyed Premises above and beyond the total of the casualty insurance
proceeds as may be necessary to restore the Appearance of the Premises, and
such additional costs shall constitute a lien on the Premises until repaid by
Grantors to Grantee.
(24) Grantee’s Options Upon Total Casualty. The foregoing notwithstanding,
in the event of damage resulting from casualty, as defined in paragraph (23)
above, which is of such magnitude and extent as to render repairs or reconstruction
of the Premises impossible using all applicable insurance proceeds, as determined
by Grantee by reference to bona fide costs estimates, then Grantee may elect
to reconstruct the Premises using all such insurance proceeds (which shall be
delivered to the grantee for this purpose), donations or other funds received
by Grantors (which shall also be delivered to the Grantee for this purpose)
or Grantee on account of such casualty, but otherwise at its own expense (such
expense of Grantee to constitute a lien on the Premises until repaid in full).
(25) Standards Binding on Grantee. In exercising any authority created by this
Easement, Grantee shall apply the Standards for Rehabilitation and Guidelines
for Rehabilitating Historic Buildings issued and as may be amended from time
to time by the Secretary of the United States Department of the Interior (hereinafter
the Standards) and/or state or local standards considered appropriate by Grantee
for review of work in Historic Districts.
(26) Grantors’ Compliance With Governmental Notices. Upon request by Grantee,
Grantors shall promptly furnish Grantee with evidence of Grantors’ compliance
with a notice, demand, letter or bill received by Grantors from a government
authority where compliance is required by law.
(27) Proposed Sale of Premises - Notice to Grantee. Grantors shall promptly
notify Grantee in writing of any proposed sale of the Premises and provide the
opportunity for Grantee to explain the terms of the Easement to potential new
owners prior to sale closing.
(28) Runs With The Land. The obligations imposed by this Easement shall be effective
in perpetuity and shall be deemed to run as a binding servitude with the Premises.
This Easement shall extend to and be binding upon Grantor and Grantee, their
respective successors in interest, and all persons hereafter claiming under
or through Grantors and Grantee, and the words, Grantors and Grantee where used
herein shall include all such persons. The Grantors agree that the restrictions
in this Easement will be incorporated by reference by them in any subsequent
deed or other legal instrument by which they divest themselves of either the
fee simple title to or their possessory interest in the Premises.
(29) Subordination of Deeds of Trust or Mortgages Encumbering the Premises.
The Premises with respect to which an easement is hereby conveyed are (1) subject
to a Deed of Trust or mortgage dated _________________, from ________________
and ____________________ as Grantors, and _________________ as Original Grantee,
recorded in the records of the District of Columbia on _____________ as instrument
number ___________________ and still held by the original Grantee, and (2) subject
to a Deed of Trust or mortgage dated _______________, from ______________ and
______________ as original Grantors, and ____________________ as original Grantee
recorded in the records of the District of Columbia on ______________ as instrument
number ______________, and still held by the original Grantee. Grantors of this
easement warrant to the Grantee of this easement that no lien or encumbrance
other than those mentioned immediately hereinabove exists on the Premises at
the date of this instrument. Said Grantees of said Deeds of Trust or mortgages
join in this conveyance for the purpose of subordinating and do hereby subordinate
to this easement the respective rights as such Grantee of said Deed of Trust
or mortgage to the extent necessary to permit the Grantee of this easement to
enforce the conservation purposes of this easement in perpetuity and to prevent
any modification or extinguishment of this easement by the exercise of any rights
of any holder of said Deed of Trust or mortgage. The priority of said existing
Deed of Trust or mortgage with respect to any valid claim on the part of the
existing holder to the proceeds of any sale, condemnation proceedings or insurance
or to the leases, rents and profits (in all cases to the extent not required
by the easement for maintenance, repair and/or reconstruction) shall not be
affected hereby, and any lien created by the Grantee of the easement or exercise
of any of its rights shall be junior to the existing Deed of Trust or mortgage.
Nothing contained in this section or in the Easement shall be construed to give
the holder of said Deed of Trust or mortgage the right to extinguish this easement
by giving title to the Premises by foreclosure or otherwise.
(30) Indemnity. Grantors shall defend, indemnify and hold Grantee harmless from
any liability, reasonable costs, reasonable attorneys' fees, judgments or reasonable
expenses incurred by Grantee or any officer, employee, agent or independent
contractor of Grantee resulting or caused in any way by reason of Grantee’s
acceptance of this Easement, including, without limitation, from actions or
claims of any nature by third parties arising from defaults under this Easement
by Grantor, or the reporting on or advising as to any condition on the Premises
or the execution of work in the Premises (whether or not such work is under
control of the Grantee), or arising out of the ownership, possession, or exercise
of rights under this Easement (including any such reasonable costs and expenses
incurred by Grantee in connection with preserving the validity or priority of
this Easement), excepting any such matters arising solely from the negligence
or willful misconduct of Grantee. In the event that Grantor is obligated to
indemnify Grantee hereunder, the amount of such indemnity, until satisfied,
shall constitute a lien on the Premises.
(31) Insurance. The Grantors shall keep the Premises insured by an insurance
company rated A+ or better by Bests for the full replacement value (including
the interest of Grantee under paragraph (34) herein below against loss from
the perils commonly insured under standard fire and extended coverage policies
and comprehensive general liability insurance.
(32) Grantee’s Right To Foreclose Liens. Any lien on the Premises created
pursuant to any section of this Easement may be confirmed by judgment and foreclosed
by Grantee in the same manner as a mechanic’s lien.
(33) Ongoing Compliance by Grantors. Upon request by Grantee, Grantors shall
promptly furnish Grantee with evidence of Grantor’s compliance with any
obligation of Grantors contained herein.
(34) Qualified Appraisal. Grantors acknowledge that upon execution and delivery
of the Easement, Grantee shall be immediately vested with a real property interest
in the Premises which is the property right referred to in U.S. Treasury Regulations
1.170-14(g)(6)(11). Such interest of Grantee shall have a stipulated fair market
value equal to the ratio between the fair market value of the Easement and the
fair market value of the Premises prior to considering the impact of the Easement
(hereinafter the “Easement Percentage”) as determined in the Qualified
Appraisal provided the Grantee pursuant to Paragraph 35, which Easement Percentage
hereby agreed to be _____________ (______). If said Qualified Appraisal shall
not have been provided to the Grantee prior to acceptance of the Easement, the
foregoing blanks shall be marked “X” and, upon submission of the
Qualified Appraisal, the Grantor and Grantee shall sign an affidavit verifying
the Easement percentage and record it as an amendment to the Easement. In the
event Grantors do not claim a charitable gift deduction for purposes of calculating
Federal income taxes and submit a Qualified Appraisal, the Easement Percentage
shall be ten percent (10%). The interest of the Grantors shall continue to be
freely transferable without knowledge, consent or joinder of the holder of Grantee’s
real
property which, subject to all the other provisions of this Easement, in particular,
without limitation paragraphs (27), (30), (14), and (4).
(35) Federal Income Tax Deduction. In the event Grantors claim a Federal income
tax deduction for donation of a “qualified real property interest”
as that term is defined in Section 170(h) of the Internal Revenue Code, Grantors
shall provide Grantee with a copy of all appraisals (hereinafter, the “Qualified
Appraisal” as that term is defined in P.L. 98-369, 155(a), 98 Stat. 691
(1984), and by reference therein Section 170(a)(1) of the Internal Revenue Code)
of the fair market value of the Easement. Upon receipt of the Qualified Appraisal,
this fully executed Easement and any endowment requested by Grantee, Grantee
shall sign any appraisal summary form prepared for the Internal Revenue Service
and submitted to the grantee by Grantors.
(36) Provisions Construed Liberally For Conservation Purposes. Any rule of strict
construction designed to limit the breadth of restrictions on alienation or
use of property shall not apply in the construction or interpretation of this
instrument and this instrument shall be interpreted broadly to effect its preservation
and conservation purposes and the transfer of rights and restrictions on use
herein contained as provided in the Act.
(37) Pension Protection Act of 2006 Compliance. Grantors and Grantee agree that
the conservation easement granted by this instrument is intended to meet all
requirements of existing law, including the provisions of the Pension Protection
Act of 2006. In accordance with the provisions of such Act, Grantors and Grantee
have entered into a separate written agreement certifying under penalties of
perjury as to certain undertakings of the Grantee that are required by the Act.
A copy of such separate written agreement is attached hereto as Exhibit
C.
(38) Severability. In the event that one or more of the provisions on this Easement
should, for any reason, be held to be invalid, illegal or unenforceable in any
respect, such invalidity, illegality or unenforceability shall not affect any
other provision hereof and this Easement shall be construed as if such invalid,
illegal or unenforceable provision had never been contained herein.
(39) Binding Agreement. This instrument is made pursuant to Chapter 26 of Title
45 of the Code of Laws of the District of Columbia, but the invalidity or such
statute or any part thereof shall not affect the validity and enforceability
of this instrument according to its terms, it being the intent of the parties
to agree and to bind themselves, their successors, and their assigns in perpetuity
to each term of this instrument whether this instrument be enforceable by reason
of any statute, common law, or private agreement either in existence now or
at any time subsequent hereto. This instrument may be re-recorded at any time
by any person if the effect of such re-recording is to make more certain the
enforcement of this instrument or any part thereof.
(40) Entire Agreement. This instrument reflects the entire agreement of Grantors
and Grantee. Any prior or simultaneous correspondence, understandings, agreements,
and representations are null and void upon execution hereof, unless set out
in this instrument.
(41) Headings and Captions. All headings and captions in this instrument are
for convenience of reference only and shall not be used to interpret the meaning
of this instrument.
IN WITNESS WHEREOF, on the date first written above, Grantors have caused this
Scenic, Open Space, and Architectural Facade Easement to be executed, sealed,
and delivered; and Grantee has caused this instrument to be signed in its corporate
name by CHISWELL D. LANGHORNE, JR., its President and attested by its Secretary,
and its corporate seal to be affixed and does hereby appoint CHISWELL D. LANGHORNE,
JR., its true and lawful attorney-in-fact to acknowledge and deliver these presents
as its act and deed.
[Remainder
of page intentionally left blank]
GRANTORS:
___________________________________ ___________________________________
Witness
___________________________________
Witness ___________________________________
GRANTEE: FOUNDATION FOR THE PRESERVATION OF HISTORIC GEORGETOWN
_________________________________ ___ATTEST:
By:_________________________________ By:_________________________________
PETER HAFNER JOST _________________
JOHN A. HODGES
President _____________________________Secretary
DISTRICT
OF COLUMBIA )
) ss
City of Washington )
I, ___________________, Notary Public in and for the District of Columbia, hereby
certify that ______________ and ____________________, parties and Grantors to
a certain Deed bearing date on the ______day of ___________, 200_, and hereto
annexed, personally appeared before me in said District of Columbia, the said
being personally well known to me as the persons who executed the said Deed
and acknowledged the same to be their act and deed as Grantors therein.
Given under my hand and seal this _____ day of ____________, 200_.
_________________________________
Notary Public, DC
(SEAL)
My Commission Expires:
DISTRICT
OF COLUMBIA )
) ss
City of Washington )
I,______________________, a Notary Public in and for the District of Columbia,
do hereby certify that Peter Hafner Jost, the person appointed by the Foundation
for the Preservation of Historic Georgetown as its attorney-in-fact in that
certain Deed bearing date as of the _____ day of __________, 200_ and hereto
annexed, personally appeared before me in said District, the said Peter
Hafner Jost, being
personally well-known to me as the person who executed the said Deed, and acknowledged
the same as the act and deed of the Foundation for the Preservation of Historic
Georgetown.
Given under my hand and seal this _____ day of _________, 200_.
_________________________________
Notary Public, DC
(SEAL)
My Commission Expires:
JOINDER OF LENDER PURSUANT TO PARAGRAPH (29)
[NAME OF LENDER]
___________________________________ ___________________________________
Witness Name:_____________________________
Title:______________________________
STATE OF _____________ )
) ss
City of _________________ )
I,______________________, a Notary Public in and for the jurisdiction aforesaid,
do hereby certify that ________________, the person appointed by [name of Lender]
as its attorney-in-fact in that certain Deed bearing date as of the ______ day
of ______, 200_ and hereto annexed, personally appeared before me in said jurisdiction,
the said ______________ being personally well-known to me as the person who
executed the said Deed, and acknowledged the same as the act and deed of [name
of Lender].
Given under my hand and seal this _____ day of ____________, 200_.
_________________________________
Notary Public
(SEAL)
My Commission Expires:
[NAME OF LENDER]
___________________________________ ___________________________________
Witness Name:_____________________________
Title:______________________________
STATE OF __________ )
) ss
City of ______________ )
I,______________________, a Notary Public in and for the jurisdiction aforesaid,
do hereby certify that ________________, the person appointed by [name of Lender]
as its attorney-in-fact in that certain Deed bearing date as of the ______ day
of _______, 200_ and hereto annexed, personally appeared before me in said District,
the said ______________ being personally well-known to me as the person who
executed the said Deed, and acknowledged the same as the act and deed of [name
of Lender].
Given under my hand and seal this _____ day of ___________, 200_.
_________________________________
Notary Public
(SEAL)
My Commission Expires:
About
Us /
Our Conservation Easements
/
Contact
Us /
Home
Foundation for the Preservation of Historic Georgetown
Box 3603 Georgetown Station
Washington, DC 20007
E-Mail: info@preservegeorgetown.org