Preservation by Easement
[136] Interview with Clive and Susan DuVal, January 5, 1979, by Nan
Netherton, at Salona.
[137] Deed of Easement, Fairfax County, Virginia, Deed Book 3418, p.
686, March 24, 1971.
[138] Amending Deed of Easement, Fairfax County, Virginia, Deed Book
4159, p. 436, November 20, 1974.
[139] Virginia State Landmarks Register, Landmarks Commission,
Richmond, Virginia.
[140] National Register of Historic Places, U. S. Department of the
Interior, Washington, D.C.
APPENDIX A
SALONA
CHAIN OF TITLE
4 August 1719 Northern Neck grant to Thomas
Lee for 2862 acres above the
falls of Potowmack River, two
miles above first or lower
falls. Northern Neck Grant
Book 5:240.
22 February 1749 Thomas Lee devised to Philip
Ludwell Lee. Will was probated
30 July 1751 in Westmoreland
County.
19 April 1782 Philip Ludwell Lee to Matilda Lee.
Tract was divided, Westmoreland.
10 August 1790 Henry Lee, Sr. (III) and
Matilda (Lee) Lee conveyed to
Henry Lee, Jr. (IV). Deed on
record in office of General
Court of Commonwealth.
7 June 1808 Henry Lee, Sr. and Henry
Lee, Jr., both of Westmoreland
County, sold for $25,000 to
Richard Bland Lee of Fairfax
County all of that tract called
Langley Farm containing 1600
acres. Fairfax County Deeds
J2:84.
18 July 1808 Richard Bland Lee and Elizabeth
his wife of Fairfax County sold
to William Maffitt who was to
reconvey to Elizabeth Lee. The
deed was for 300 acres--all
of tract of a farm lying on the
south or southeast side of the
road leading from the town of
Turberville to the Little Falls
of the Potomac, "now in occupation
of T. C. Scott," commonly
called Langley Farm. Fairfax
County Deeds J2:18.
19 July 1808 William Maffitt conveyed to
Elizabeth Lee--300 acres.
Fairfax County Deeds J2:6.
9 January 1809 Richard Bland Lee of Sully
and Elizabeth his wife mortgaged
two tracts of land: 529
acres of Sully and 1600 acres
of tract called Langley Farm.
Lee was indebted to Bushrod
Washington of Mount Vernon by
bond dated 9 January 1809 for
$10,034.28 which was due 1 March
1814. The land was conveyed to
Henry Smith Turner, Jefferson
County, Thomas Blackburn of
Fairfax County and Bushrod
Washington, Jr. of Westmoreland
County, to hold in trust for
use of Lee in case note not
paid. Fairfax County Deeds
J2:245.
10 May 1811 Richard Bland Lee and Elizabeth
his wife of Alexandria sold
to William Herbert for $6,987.85
(total of three judgments, interests
and costs obtained by
William Herbert against Richard
Bland Lee). Bushrod Washington
and Bushrod Washington, Jr. gave
release. The tract was 466 acres
on south side of Little Falls
Road. Fairfax County Deeds
L2:177.
10 March 1812 William Herbert and Sarah his
wife sold for $6,058 to William
Maffitt--466 acres. (Deed is
dated 10 March 1810, but the
release by Sarah Herbert refers
to deed of 10 March 1812.)
Fairfax County Deeds L2:368.
10 March 1812 Richard Bland Lee of Alexandria
and Elizabeth his wife sold for
$420 to William Maffitt of Fairfax
County--42 acres on south
side main road leading from the
town of Turberville to Little
Falls of Potomack adjacent to
466 acre tract sold by Lee to
William Herbert. Fairfax
County Deeds L2:416.
1 November 1823 William Maffitt mortgaged to
his sister, Margaret Whann, of
George Town, D.C. tract called
Salona "on which William Maffitt
now resides." Maffitt was indebted
to Whann for $6,000.
Fairfax County Deeds V2:85.
20 July 1831 Thomas Moss, Commissioner under
decree of Fairfax County Court
conveyed to Margaret Whann of
George Town, D.C. William Maffitt
had mortgaged Salona. He died
intestate and had not paid debt.
Whann brought suit against heirs
of Maffitt (in Chancery) for
sum $3,716. At sale 18 April
1831 Salona was sold to James
McVean, agent for Margaret Whann
for $2,650, the highest bid
made. Fairfax County Deeds
Z2:403.
29 July 1835 Ann B. Maffitt, widow of William
Maffitt, Revd. Reubin Post and
Harriett his wife, Ann. L. Maffitt
and William Maffitt, the only
children and heirs at law of
William Maffitt sold to Margaret
Whann the right of dower of Ann
B. Maffitt and interest of children
in Salona and smaller tract
adjoining thereto. Fairfax County
Deeds C3:314.
7 June 1842 Margaret Whann of George Town
sold for $7,500 to Chapman Lee
of Alexandria--all of Salona on
south side Little Falls Road and
42 acres of adjoining tract.
Fairfax County Deeds G3:378.
17 May 1845 James McVean of George Town
in D.C. (survivor of Samuel M.
Whann), party of the first part;
Chapman Lee of Fairfax County
and Laura E. his wife of the
second part; and Elisha Sherman,
late of Fairfield County, Connecticut
of the third part. On
8 June 1842 in order to secure
sum of $4,500 plus accruing
interest owed by Chapman Lee
to Margaret Whann, Lee conveyed
to James McVean and Samuel M.
Whann (since deceased) tract
called Salona containing 506
acres more or less. Lee sold
208 acres to Sherman for $5,421
and proposed to pay $2,079 to
McVean and receive himself $921
and leave sum of $2421 as lien
on land sold to Sherman.
Fairfax County Deeds J3:262.
1 July 1853 Elisha Sherman and Anna his
wife, late of Fairfax County
and "now of Washington County,
D.C." sold for $10,000 to Jacob
G. Smoot of Georgetown tract
heretofore called Langley but
now called Salona--208 acres
2 rods. Fairfax County Deeds
T3:186.
28 June 1948 Deed of Partition of land of
Jacob G. Smoot known as the
Smoot farm--208 acres. Jacob
G. Smoot died intestate. He
was survived by his four children:
William S. Smoot, Helen
M. Smoot, Harriet E. Smoot and
Catherine C. Smoot, and by his
widow, Harriet C. Smoot.
William S. Smoot died testate
devising his one-fourth interest
to Jennie K. Smoot who died
intestate leaving as her only
heirs at law three children:
John D. K. Smoot, Calder G.
Smoot and William S. Smoot,
Jr.
Helen M. Smoot, Harriet E.
Smoot and Catherine C. Smoot
died unmarried and intestate
leaving their three-fourths
interests to heirs at law,
their three nephews, John D.
K. Smoot, Calder G. Smoot
and William S. Smoot, Jr.
John D. K. Smoot died intestate
survived by widow and
three children, his only
heirs at law: Julia B. Smoot,
widow, Jane Smoot Wilson,
John D. K. Smoot, Jr. and
Henry B. Smoot.
William S. Smoot, Jr. died
leaving widow and two children:
Elizabeth J. Smoot,
widow and William S. Smoot
III and John J. Smoot.
The Smoot farm was divided
in three parts: to Calder G.
Smoot and to the heirs of
John D. K. Smoot and William
S. Smoot, Jr. Fairfax County
Deeds 635:471.
6 January 1953 John D. K. Smoot, Jr. and
Wilma his wife; Jane Smoot
Wilson and Nelson B. her husband;
Henry B. Smoot, unmarried;
William S. Smoot III
and Nancy W. his wife; and
John J. Smoot and Patricia
his wife sold to Clive L.
DuVal II and Susan B. his
wife 26.846 acres, part of
Lot #2 in partition which was
allocated to Calder G. Smoot
who died unmarried and intestate
leaving sole heirs at
law and next of kin four
nephews and one niece, named
above. Fairfax County Deeds
1041:123.
24 July 1953 William Smoot, Nancy Smoot,
John Smoot, Patricia Smoot,
Elizabeth Smoot deeded 11.305
acres to Clive and Susan DuVal.
Fairfax County Deeds 1097:32.
20 June 1955 John D. K. Smoot, Jr., Wilma
Smoot, Jane Smoot Wilson,
Nelson Wilson, Henry Smoot,
Dolores Smoot, William Smoot,
Nancy Smoot, John Smoot and
Patricia Smoot deeded 17.6351
acres to Clive and Susan DuVal.
Fairfax County Deeds 1322:453.
1 September 1955 Deed of Release. Fairfax
County Deed Book 1351, p. 150.
24 March 1971 Permanent easement on eight
acres, temporary easement for at
least ten years on 44.3 acres from
Susan and Clive DuVal to the
Fairfax County Board of Supervisors,
signed by George Kelley,
County Executive. Fairfax County
Deed Book 3418, p. 686.
20 November 1974 Amendment to deed of easement
by Susan and Clive DuVal to provide
for termination of the temporary
easement only after January 1,
1990. Fairfax County Deed Book
4159, p. 436.
APPENDIX B
FAIRFAX COUNTY WILL BOOK Q-1, p. 271
March 21^st 1832
Inventory and Appraisement of the personal Estate
of W^m. Maffitt dec^d. to wit
1 Bay horse $20 1 do $60 &
1 do $25 $105
1 Carriage and Harness 100
Colt, old iron $2 6 axes $2.50 4.50
5 Shovels .75c, 4 brier scythes $1 1.75
9 swingletrees $1.50 6 coulters 3.50
3 mattaxs $1.50 6 broad hoes 75¢ 2.25
1 Cutting Box patent 15.00
Carpenters Tools 3
Copper boiler 5"
3 wedges & shares $1.50
4 hay forks 1.25 2.75
Corn at $2 per bar (30) barrels 60"
33 old Barrels 3"
4 Scythes & Sheathes $1 4 hooks 75¢ 1.75
Grain Box 1.50
Old Sleigh Irons 2.50
2 Ox Yokes 1"
2 Wheel Barrows 2"
28 hogs $74 - 19 Pigs $9.50 $ 83.50
3 Breeding Sows 4.50
1 Pair of Oxen (large) 25"
1 do do (Small) 12"
Red buffalo Cow 10"
Cow and Calf 7"
1 Spotted Cow Small horns 8"
1 do Sawed horns 5"
1 do red Sides 8"
2 Calves $3 - 1 Bull $6 9"
58 sheep at $1.25 72.50
65 Locust Posts @ 12¢ 8.12-1/2
4 pieces of old Carpeting 4"
one Rug 2"
No. 1 Bed Mattrass Curtain
bedstead, bolsters, and piller 20"
No. 2 Bed, Mattrass, bolster,
piller and Stead 20"
No. 3 do as above 15"
Andirons, fender and Tongs 5"
Washstand bowl and pitcher 1"
Toilet Table Glass and 3 chairs 2.25
Trunnel bedstead with two mattrasses
& two bolsters 5"
1 Bedstead 2"
Trunnel bedstead, Mattrasses, 4
pillows and 4 bolsters 10"
No. 4 Bed, Mattrass & furniture 20"
No. 5 do do 1^st Room 20"
Fender, Tongs and A:Irons 2.50
Tallo and Bucket .75
9 p^r. Blankets 25"
Urn $ 1.50
one dozen Custard Cups 14
3 Tea Canisters and tin bucket 1.25
8 Stone jars 2"
1 Small and large barrels 25
1/2 bushel Measure 12-1/2
Coffee Mill and Saddle bags 1.25
1 p^r. Andirons in Kitchen 4"
Gridiron and Tea kettle 1.50
4 Iron pots $6--2 spits $1.
2 ovens $2 9"
2 Spiders $1.25 Frying pan 50c 1.75
1 Brass Skillet 3"
Ladle and forks .12-1/2
Sifter .25
1 doz: Small knives and forks 1.50
1 do Large 6"
Pewter plates, Tin and Tubs 5"
Spice mortar 1"
4 candlesticks, candle box 1"
3 Decanters, 3 Glass pitchers 3.50
Coffee pot .25
one doz: Wine Glasses No. 1 1.75
9 do do .75
9 Cordial Glasses 1"
6 Salt Glasses .75
11 Jelly Glasses 1"
1 broken Caster 2"
1 Large pitcher 1"
1 Large bowl .50
12 Table mats 1"
2 china bowls .12-1/2
1 p^r. Andirons .25
1 Large Carpet 30"
1 Table 1.50
3 sets plough Gear $ 4.50
2 new Cart Wheels 20"
1 Iron plough 5"
1.75 2 Shovel ploughs 2"
3.50 1 bar Shear plough 3"
2 old broken ploughs 1"
3 Harrows 6"
2 Iron Mould boards .50
1 double Swingletree .75
1 cart $6 - 1 broken
do. $3 9"
1 Grind Stone .50
Ox Chain $1 fodderhouse
$8 9"
1 Wheel and pair Shakes 2"
Orchard Grass and rye
Straw 2"
--------
Carried forward $379.75
Amt. brot forward $379.75
2 Oats $9 - 3 stacks of
hay $50 59"
5 Cotton Counterpanes $ 10.00
6 do do 4"
5 Coloured ditto 3"
3 Trunks and Chests 1.50
24 Windsor chairs 6"
Set dining Tables 3 18"
one Large Table 5"
1 Small round Table and
4 Waiters 5"
Candle Stand 2"
Writing Desk 2"
Sideboard 20"
2 Spoon and knife cases 6"
6 different maps 4.50
Andirons, Shovel, Tongs,
Fender 8"
4 Candlesticks and oil Lamp 3"
2 knife Boxes 1"
1 Small Table (long and
Square) 1"
1 Bedstead, pillow and
bolster 18"
30 Diaper Towels 2.50
8 pillow cases 1.50
10 Tongs $1.50 1 Small
Table 75¢ 2.25
1 Desk and bookcase 25"
One Bureau and book Case 20"
p^r. Andions Tongs and poker 2.50
one doz: small Tea plates 2"
3 dozen Small plates 4.50
1 " deep plates 1.50
Fruit Dishes 1.50
1 large Turien .50
1 doz: Custard Cups .50
Turien (2 Sets) 1.50
20 Cider barrels $ 5"
6 Jugs 1.50
9 Demijohns 9"
11 pewter Candle moulds 1.75
Kitchen Stove 20"
2 Barrels of bottles at
3 cts. each 2.88
old boxes, Jugs, etc. .25
2 basons and 2 Dishes
/pewter/ 2"
1 Churn and Tray .50
3 Jars and pail .75
1 Table 25¢--1 large
pot $2 2.25
2 Small pans .37-1/2
1 Safe 2"
one large iron pot 2.50
2 ovens 75¢ 2 Smoothing
Irons 75¢ 1.50
2 Tubs 12-1/2¢ Carpet
irons $1 1.12-1/2
p^r. Scales 2"
Saddle and bridle 2"
p^r. Steelyards 2"
lot of Wool at 20¢ per 8" 16.80
Looking Glass No. 1 6"
do do No. 2 6"
Crop of Turnips 13 cts
per bushel 10"
Pide Cow and Calf 12"
Gold Watch, Seal and key 50"
Writing Desk 1"
2 Ink Stands .39
One Globe .20
------------
$1588.89-1/2
============
APPENDIX C
FAIRFAX COUNTY WILL BOOK Q-1, p. 274
Appraisement of Dower Negroes belonging to
William Maffitt's Estate
Names Dower Real Age Notable marks
Appt Value
1st lot Dick etc $ 0 0 70
Cato and Reid 10 " 350 " 48, 27 Reid cut over right
thumb
2nd lot 1st Willis 100 " 350 " 26 Willis scar on
right hand
2nd Jonathon 100 " 350 " 23 Scar on left thumb
4. Polly & Child
Mathew 25 " 300 " 21 Child 8 months
5. Allens 100 " 300 " 19 scar on right Wrist
6. Betty 25 " 200 14
7. Wait 50 " 200 " 12 a burn on right
hand
8. Cyntha 25 " 150 " 9
9. Edmund 15 " 120 " 6
2^n lot Dianah
Catharine & Child " 400 "
3^rd lot Bob & family
2 Abby & child Honey " 300 " Bob bald head
3^rd Shirley 100 " 350 "
4. Jonathon 100 " 350 " 23
5. Alcey 25 " 250 "
6. Robert 75 " 300 "
7. Beverley 50 " 250 "
4^th lot Kitty & child
Mary, Ozekial & blank " 450 " Kitty scar on
right cheek
Thornton
Jenney 100 " 350 "
5^th lot John's
family 100 " 300 " John
Matilda 100 " 300 "
Aleck " " " "
Fanny " " " "
Ellen blank " 500 "
Nancy 25 " 275 "
James 75 " 300 "
Armistead & Talbot 40 " 300 " Armistead hand
burnt arm useless
and one Eye out
Milly 25 175
Harry & wife 100 300 43
Scylla Sam Mary 350 38
Joe 75 300 16 Schlla, Sam an
infant, Mina
Willis 50 200 12
Heny 40 150 10
Sam an infant 8
Robins Family
Robin his wife
Marjory 100 250 50 Single lot
350 40 Marjory, Julia and
Momy $350
Eliza and children 200 28
W^m 3 yrs: Mary 20 2^nd lot Eliza W^m
Mary James $400
James an Infant 10 real Value
Molly & Child
Richard 10 300
Robin 18
Juay 25 150 14
Susan 40 200 10
Sampson 40 200 8
Jane 20 150 7
Julia 3
Naris 2
Anderson's Family
Anderson 100 300 48
Alcey, his Wife 35 150 40
Ranald 75 300 16
Andrew 75 300 14
Edward 50 200 12
Single
Ozekial, a boy 50 200 13
Winny 45
Betsy Martha 30 350 8-4
Ellen and Child
Lucy and Scylla blank 350 27
Sara, Lewis $ blank 500 5
7^th lot, Lewis,
a Lad 100 350 19 Lewis has a Scar
in the bend of
the right arm
Sandy 50 250 8
Philip old 75 150 48 Philip on the
fingers of the
right hand
Booter 100 400 29 Booter a Scar on
fore finger 1st
joint on the left
hand
8^th Lot
Willy and child Mima blank 300 20
9^th lot old Lucy &
husband Toby 125 400 27
10^th Lot Martha 25 75 45
Griffen 100 350 33
In obedience to an order of the County Court of Fairfax hereto annexed
and the appraisers therein named have inventoried and appraised all
and Singular the goods & chattles of William Maffitt dec^d. that were
presented to our view by the admr as herein before Stated Given under
our hands dec^r. 1828
Rich^d. Darne
William Swink
Joseph Sewell
At A Court Continued and held for Fairfax County the 21^st day of
March 1832
This Inventory and Appraisement of the Estate of William Maffitt
dec^d. was returned and ordered to be recorded
Teste W^m. Moss
APPENDIX D
Fairfax County Deed Book
3418, pages 686-697
DEED OF EASEMENT
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 of
the 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 written
90 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, 2d
s/
Susan B. DuVal (LS)
______________________
Grantors
STATE OF VIRGINIA
to-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 Stears
__________________
Notary Public
My commission expires: My commission expires August
18, 1974
COUNTY OF FAIRFAX, VIRGINIA
By G. J. Kelley, Jr.
______________________
County Executive
Attest: Edna Bicksler
_____________________
Clerk
STATE OF VIRGINIA
to-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. Shear
________________________
Notary Public
My 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
LIST OF SOURCES
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End of Project Gutenberg's Salona, Fairfax County, Virginia, by Ellen Anderson