THIS GRANT OF EASEMENT AND DECLARATION OF RESTRICTIVE COVENANTS , hereinafter, referred to as the "Easement" made this ____ day of ______________, in the year of our Lord Two Thousand Six(2006). Between,___________________________, having an address ______________________________________________,Culpeper, Virginia, party of the first part,hereinafter called "Grantor".
and
Town of Culpeper, Virginia, a Virginia Municipal Corporation, party of the second part, hereinafter called "Grantee".
WITNESSETH;
Whereas , Grantor is the owner of a certain tract of land located in the Town of Culpeper , Culpeper County, Commonwealth of Virginia, hereinafter called the Trail Easement Area", which includes the following parcel ; described as metes and bounds as shown on a survey plat dated___________________________ dated_________________prepared by ______________________________certified land surveyor, attached hereto and made a part hereof as Exhibit"A" and
Whereas, the Trail Easement will be available for outdoor recreation and transportation by and for the education of the general public; and
Whereas, the Trail Easement Area affords scenic views whose beauty and open character shall be available for outdoor recreation, transportation and general public welfare, by and for the education of the general public by this Easement; and
Whereas , the Town of Culpeper's Comprehensive Plan, sets forth general community goals, which include...(indicate here the goal which would directly relate to the development of the trails system); and
Whereas , the Town of Culpeper's Zoning Ordinance, defines community objectives which requires dedication of land for transportation and recreation purposes; and
Whereas, Grantor further intends, as owner of the Property, to convey to the Grantee the right to preserve the Recreation, Scenic and Transportation values of the Trail Easement Area in perpetuity; and
Whereas, Grantee is a publicly-supported. tax exempt non-profit organization, qualified under Section 501(c)3 and 170(h) of the Internal Revenue Code, whose primary purpose is municipal government; and
Whereas, Grantee agrees by accepting this Easment to honor the intentions of Grantorstated herein and to preserve and protect in perpetuity the Recreation, Scenic and Transportation Values of the Trail Easement Area for the benefit of this generation and generations to come.
Now Therefore, for and in consideration of the above and themutual covenants, terms, conditions, restrictions, and promises herein contained, pursuant to the laws of the State of Vorginia, and for the further consideration of the sum of FIVE Dollars ($5.00),lawful money of the United States of America, in hand paid by Grantee to Grantor, the receipt of which is hereby acknowledged, the parties hereto, intending to be legally bound, do hereby mutually agree, grant, convey, and declare as follows:
1.Statement of Grant
Grantor hereby voluntarity , unconditionally and absolutely grants and conveys unto Grantee, its successors and assigns , and Easement in Gross, in perpetuity, overthe Trail Easement Area, as more particularly hereinafter set forth exclussively for the purposes of preserving and protecting the present natural, scenic,open space,educational, and recreational, scenic and transportation values of the Trail Easement Area (such purposes hereinafter referred to as the "Recreation and Transportation Purposes"). Grantee hereby accepts the Easement and agrees to hold it exclusively for such Recreation and Transportation Purposes.
2. Public Access
In furtherance of those Purposes of this Easement set forth in Paragraph 1 above, Grantor hereby declares and covenants that the general public shall have and be allowed regular access to the Trail Easement Area for the transporattion and recreation, scientific and educational purposes described in sub=paragraph A and subject to the limitations contained in sub-paragraph B,C, and D of this Paragraph 2.
As used herein, Trail is defined a : A corridor of at least thirty (30) feet in width through which passes, or will pass, a trail to serve transportation and recreation functions for one or more of the following: walkers, runners, bicyclists, horseback riders, and cross-country skiers; trails shall exclude all motorizad vehicles except as authorized by the Town of Culpeper for maintenance, management and emergency purposes. Trail Easement Area is defined as: the area (a minimum of thirty (30) feet wide) that contains the trail and is restricted from development which wouldinhibit the use of the trail.
A. The public shall be permitted access to the "Trail Easement Area", as shown on Exhibit "A, for recreational, educational, transportation and such other activities that promote the public welfare, including but not limited to, the following activities, except to the extent that Grantee may determine that such activities are inconsistent with the Conservation Purposes for which this Easement is granted: (i) Nature study and scientific research, including bird watching and the study of fauna and flora, supervised by an organization described in section 170 (h)(3) of the Internal Revenue Code; (ii) Horseback riding; (iii) Cross-Country skiing; (iv) Hiking, biking,and jogging; and (v) Painting,sketching,and photography,
B. Public Access to the Trail Easement Area shall be restricted to the "Trail Easement Area" as shown in Exhibit "A". Grantee retains the right, as it may deem necessary, in order to preserve and protect the Transportation and Recreation Purposes to repair the Trail Easement Area, relocate the Trail within the Trail Easement Area, or temporarily prohibit public access to the trail Easement Area.
C. The activities described in sub - paragraph A of this Paragraph 2 shall be conducted in such a manner as to preserve and protect the Transportation and Recreation Values of the Trail Easeent Area, and in this connection the following specific limitations shall apply with respect to use of the Trail Easement Area by the general public and shall be enforceable by Grantor and /or Grantee: (i) Use of any motorized vehicle or similar mechanical means of locomotion, including automobiles,motorcycles, snowmobiles,or other all-terrain vehicles shall be prohibited; (ii) Smoking of tobacco or other substances, or lighting of fires of any kind shall be prohibited; (iii) Consumption of alcoholic beverages or use of any kind of stimulant or drug shall be prohibited; (iv) Trapping or hunting with firearms, bow and arrow, or any other form of arms or weapons shall be prohibited; and (v) Overnight camping or sleeping shall be prohibited. Grantee shall have the right to impose any additional limitations with respect to the Trail Easement Area, as it deems necessary or appropriate in order to preserve and protect the Trasnsportation and Recreation Values of the Trail Easement Area and the Transportation and recreation Purposes for which this Easement is donated.
D. Grantee shall have the right to require Grantor to keep the Trail Easement Area free from mobstructions which prevent reasonable pedestrian (and equestrian) access to and along the Trail Easement Area including but not limited to structures, fences and fallen trees.
3. NOTICE
All notices, consents, approvals, or other communication hereunder shall be in writing and shall be deemed properly given if sent by U.S. certified mail, return receipt requested, addressed to the appropriate party or successor in interest, at the address most recently provided.
4. PROHIBITION OF PUBLIC ACCESS.
Nothing herein shall be construed as a grant to the general public, or to a person or persons, the right to enter upon any part of the Grantor's property other than as described in Paragraph 2, herein . Grantor reserves unto themselves and its successors in title to the Trail Easement Area, all rights, priviledges, powers, and immunities, including the right of exclusive possession and enjoyment, subject only to the terms and covenants of this Easement.
5. ENFORCEMENT RIGHTS OF GRANTEE
A. To accomplish hte purposes of this Eaement the following rightsd are conveyed to Grantee by this Easement: (i) To preserve and protect the Transportation and recreation Values of the Trail Easement Area; (ii) To prevent any activity on or use of the Trail Easement Area that is inconsistent with the purpose of this Easement and to require the restoration of such areas or features of the Trail Easement Area that may be damaged by any inconsistent activity or use. pursuant to subparagraphs B,C,and D of this Paragraph
B. In the event that a violation of the terms of this easement by Grantor or by a third party comes to the attention of Grantee, grantee shall notify Grantor in writing of such violation and demand corrective action sufficient to cure the violation, and where the violation involves injury to the Trail Easement Area resulting from any use or activityinconsistent with the purposes of this Easement, to restore the portion of the Trail Easement Area so injured. If Grantor fails to cure the violation within thirty (30) days after receipt of such notice therof from Grantee, or under circumstances where the violation cannot reasonably be assured within the thirty (30) day period, fails to begin curing such violation within the thirty (30) day period, or fails to continue diligently to cure such violation until finally cured. Grantee may bring an action at law or in equity ina court of competent jurisdiction to enforce the terms of the Easement, to enjoin the violation, ex parte as necessary, by temporary or permanent injunction, to recover anydamages to which it may be entitled for violation of the terms of this Easement or injury to any Transportation and Recreation Values protected by the terms of this easement, including damages for the loss of scenic, aesthetic, or environmental values, and to require the restoration of the Trail Easdement Area to the condition that existed prior to any sych injury. Without limiting Grantor's liability therefor, Grantee, in its sole discretion, may apply any damages recovered to the cost of undertaking any correctiveaction on the Trail Easement Area. If Grantee, in its sole discretion, determines thatcircumstances require immediate action to prevent or mitigate significant damage to the Recreation and Transportation Values of the Trail Easement Area, Grantee may pursue its remedies under this Paragraph 5 without prior notice to Grantor or without waiting for the period provided for cure to expire.
C. Grantee's rights under this Paragraph 5 apply equally in the event of either actual or threatened violations of the terms of this easement, and Grantor agrees that Grantee's remedies at law for any violation of the terms of this easement are inadequate and that Grantee shall be entitled to the injunctive relief described in Paragraph , both prohibitive and mandatory, in addition to such other relief to which Grantee may be entitled, including specific performances of the terms of theis Easement, without necessity of providing either actual damages or the inadequacy of otherwise available legal remedies.
D. Any costs incurred by Grantee in enforcing the terms of this Easement against Grantor, incuding , without limitation, costs of suit and attorneys' fees, and any costs orrestoration necessitated by Grantor's violation of the terms of this easement shall be borne by the Grantor.
6. MAINTENANCE AND ASSESSMENT OBLIGATIONS OF GRANTEE
Grantee shall be responsible for maintenance and assessment of this Easement,and supports waiver of assessment by county assessment offices.
7. SUCCESSORS IN INTEREST
Except where the context requires otherwise, thye term "Grantor" and "Grantee", as used in this instrument, and any pronouns used in place thereof, shall mean and include, respectively, Grantor and his personal representatives, heirs, successors in title, and assigns and Grantee and its successors and assigns.
8. STATEMENT OF COMPLIANCE
Grantor shall have the right to request in writing at least thirty (30) days prior to the sale, transfer, or long term (ten (10) years or more) lease of the property containingthe Trail Easement Area, or any portion thereof, a written instrument from Granteestating that Grantor is in compliance with the terms and conditions of this Easement, or if Grantor is not in compliance with the terms and conditions of this Easement , stating what violations of this Easement exist. Grantee agrees in such casesor at any other time to acknowledge, execute, and deliver to Grantor or at the request of any mortgagee, transferee, purchaser, or lessee such a written instrument concerning compliance within thirty (30) days of written eequest from Grantor. Grantor shall provide a copy of Grantee's compliance statement to any purchaser, mortgagee, lessee, or assignee and shall advise Grantee in writingat least ten (10) days in advance of any transfer, long term lease or sale of the Trail Easement Area, or any portion thereof. Anycosts incurred by the other in determining compliance and advising Grantor as to compliance or costs incurred as a result of Grantor's failure to notify Grantee of transfer, sale, assignment, or long term lease of the Trail Easement Area, or any portion thereof, shall be paid bt Grantor, (if the municipality does not agree to absorb such costs) his successors or assigns.
9. LIMITATION OF GRANTOR LIABILITY
Grantor, and each sunsequent owner of the Trail Easement Area, shall have nopersonal liability for the observance or performance of the covenants and obligations of Grantor hereunder after such party has conveyed his, her,its, or their interest in the Trail Easement Area, provided that the provisions of Paragraph B, above, have been fulfilled and all obligations thereunder discharged.
10. HOLD HARMLESS
Grantee, and each subsequent holder of the Trail Easement Area, shall hold harmless, indemnify, and defend Grantor and its heirs, personal representatives, successors, and assigns from and against all liability, penalties, costs, losses, damages, expenses, causes of action, claims, demands, or judgements, including , without limitation, reasonable attorneys' fees, arising from or in any way connected with (1) injury to or death of any person, or physical damage to any property, resulting from any act, omission , condition, or other matter related to or occurring on or about the Trail Easement Area, regardless of cause, unless due solely to the gross negligence or willful misconduct of the Grantor and its heirs, personal representatives, successors, and assigns; (2) the obligations specified in Paragraph 6, herein; and (3) the existence or administration of this Easement.
11. STIPULATED VALUE OF GRANTEE'S INTEREST
A. Grantor acknowledges that this Easement constitutes a real property interest in the Trail Easement Area immediately vested in Grantee, and that such interest has a fair market value. For purposes of allocating net proceeds in a extinguishment of all or part of this Easement oursuant to Paragraph 12 herein, the share of Grantee'sinterest shall not be less than the percentage that the fair market value of this Easement on the date hereof bears to the fair market value of the Trail Easement Area prior toconsidering the effects of this Easement (hereafter called the "Easement Percentage") The values for calculating the Easement Percentage shall be based upon a Qualified Appraisal obtained by Grantor for federal income tax purposes. Upon receipt of such Qualified Appraisal, Grantor shall provide a copy of the Qualified Appraisal to Grantee. In the event that Grantor does not obtain a Qualified Appraisal, the Easement Percentage shal be thirty five (35) percent of the fair market value.
B. Grantor and Grantee, and any successors in interests, shall exhaust all legal remedies in order to, preserve and protect the Transportation and recreation Purposes of this easement. Grantor shall cooperate with Grantee in Grantee's performance ot its obligations under this Paragraph 11.
C. In the event that all or part of nthis easement is taken in exercise of eminent domain by public, corporate, or other authority so as to abrogate the transportation and recreation goals imposed by this Easement, Grantor and Grantee shall join in appropriate action at the time of such taking to recover the full value of the taking and all incidental or direct damages resulting from the taking. All reasonable expensesincurred by Grantor and Grantee in an effort to prevent a taking or in an effort to recoverthe full value of a taking shall be shared on an equal basis out of any recovered proceeds except in the event that (i) Grantor and Grantee agree in writing to an alternative means for sharing such expenses, or (ii) all or part of this Easement is extinguished as a result of a judicial proceeding brought by or on behalf of Grantor which, in that event, then all expenses shall be paid by Grantor.
12 Extinguishment of Easement and Distribution of Net Proceeds
A. In the event that all or part of the Trail Easement Area interests subject to this Easement are involuntarily extinguished by (i) an action in eminent domain, (ii) other judicial proceedings, or (iii) settlement is reached between Grantor, Grantee , andcondemner under threat of condemnation, and Grantor joins with Grantee in accordancewith Paragraph 11.B and 11.C above, Grantee's share of any proceeds recovered from any compensation in eminent domain or judicial proceedings or from the first lawful sale of the Trail Easement Area, after the restrictions within this Easement have been extinguished, shall equal the Easement Percentage, provided that a larger percentagehas not been stipulated by agreement between Grantee and Grantor.
B. In the event that all or part of the Trail easement Area interests subjectto this Easement are extinguished by (i) an action in eminent domain, (ii) other judicial proceedings, or (iii) settlement is reached between Grantor, Grantee, and condemner under threat of condemnation, where such action is brought by or on behalf of Grantor or where Grantor does not join with Grantee in accordance with Paragraph 11.B and11.C above, the value of the interests so taken shall be determined by an independent appraisal and the net proceeds recovered from any compensation in eminent domain or judicial proceedings or from the first this lawful sale of the Trail Easemnet Area after the restrictions within this Easement have been extinguished, shall be distributed between Grantor and Grantee in accordance with the findings of an independent appraisal of the interests taken which has been conducted by a Qualified Appraiser. provided , however, that in no event shall Grantee's share of said net proceeds be less than the Easement Percentage.
C. Grantee shall use its share of any net proceeds recovered , as described in this Paragraph 12, exclusively for the protection or acquisition of interests in land , or for Transportation and recreation Purposes, or for improvement to the trails systems. For purposes of this Paragraph, proceeds shall notinclude an amount equal tothe fair market value of any improvements by the Grantor to the Trail Easement Area affected by the condemnation or judicial action or any improvements to the Trail easdement Area by the Grantee, which were not included in the calculations by which the Eaement Percentage was established.
13. Failure of Grantee to Enforce.
If at any time any organization, agency, or person having rights or duties hereunderas Grantee shall fail to enforce the restrictions set forth in the Easement, Grantor, or any government unit of Culpeper County, shall have the right to bring suit against Grantee for specified performance.
14. Transfer of Grantee's Interest.
A. Grantee, its successors and assigns, shall have the right to assign eitherwholly or partially its right, title, and interest hereunder only to an organization able to enforce the restrictions contained herein which has purposes similar to those of Grantee, and which encompasses the purposes set forth in this Easement. Such an organization must at the time of the assignment be a governmental unit qualified organization within the meaning of section 170 (h)(3) of the Internal Revenue Code of 1986 (or its successor provision), hereinafter the "Code", and one which is organized or operatedprimarily or substantially for one of the conservation purposes specified inSection 170 (h) (4)(A) of the Code. Any transfer or assignmentof benefits by Grantee, its successors or assigns, must require the transferee or assignee to carry out the Transportation and recreation Purposes of this Easement.
B. In the event Grantee shall cease to exist or to be a qualified organization as described in Subparagraph 14.A.,herein, its rights and duties hereunder shallbecome vested in and fall uponone of the following named entities, or such otherqualified organization as may then be determined, to the extent such entity shallevidence acceptance of and agree to fully enforce same: (i) A Land trustorganized for those purposes; (ii) Any other Association organized for those purposes; (iii) A Nature Conservancy organized for those purposes; (iv) A Watershed Association organized for those purposes; (v) Culpeper County, Virginia , or a political subdivision of the Commonwealth of Virginia; (vi) Culpeper County, a political subdivision of the Commonwealth of Virginia; or (vii) Such other organizations as may be designated under the doctrine of cypres by a court of competent jurisdiction; provided, however, that at the time of such designation, such entity shall be an organization as described in Subparagraph 14.A. herein.
C. Upon the occurrence of any transfer or assignment of this Easement, Grantee shall also transfer to the transferee or assignee the then-value of any endowment funds received by Grantee from Grantor to support Grantee's obligation to monitor and enforce of this Easement, and the transferee shall hold such funds for such purposes and be subject to the provisions of the subparagraph C.
15 EASEMENT IN PERPETUITY
The provisions hereof shall inure to and be binding upon the heirs, executors, administrators, devises, successors, and assigns, as the case may be, of the parties hereto and shall be covenants running with the land in perpetuity.
16. SEVERABILITY
This Easement shall be construed in its entirety, however, in the event that any provision or restriction of this Easement or the application thereof to any person orcircumstances is found to be invalid, the remainder of the provisions and restrictions of this Easement, and the application of such provision or restriction to persons or circumstances other than those as to which it is found to be invalid, shall not be affected thereby.
17. ACKNOWLEDGEMENTS
A. Grantor attests that Grantor is the owner of the Trail Easement Area and that the Trail Easement Area is not subject to a mortgage as of the date of this Easement . (Alternatively, a s subordination agreement from the mortgagor for the Trail Easement Area must be obtained. Most mortgage companies will do so if the mortgage is for less than property value.)
IN WITNESS WHEREOF, and again stating their intentions to be legally bound hereby, the said parties have hereunto set their hands and respective seals on the day and year firse above written.
WITNESS_______________________________________________________________________
WITNESS_______________________________________________________________________
BY______________________________________________________________________
(SEAL)
ATTEST_______________________________________________________________________
_______________________________________________________________________)
__________________________________________________________________________) SS
_______________________________________________________________________)
BE IT REMEMBERED that on this _______day of ___________2007, personally appeared before me . the Subscriber, a Notory public for the Satae and County aforesaid,
_________________________ party to this indenture, known to me personally to be such, and severally acknowledged this Indenture to be their deed.
GIVEN under my Hand and Seal of Office, the day and year aforesaid.
Notary Public
_______________________________________________________________________)
__________________________________________________________________________) SS
_______________________________________________________________________)
BE IT REMEMBERED that on this _______day of ___________2007, personally appeared before me . the Subscriber, a Notory public for the Satae and County aforesaid,
_________________________ a corporation existing under the laws of the State of_______________________, party to this Agreement, and acknowledge this to be his act and deedand the act and deed of said corporation ; that the signature of the president thereto is in nhis own proper handwriting and the seal affixed is the common and corporate seal of saidcorporation, and that his act of sealing , executing, acknowledging and delivering said indenture was duly authorized by a resolution of the Board of Directors of said coproration.
GIVEN under my Hand and Seal of Office, the day and year aforesaid.
Notary Public
Contract
THIS CONTRACT made and entered into by and between the Town of Culpeper, a Virginia Municipal Corporation , sometimes hereinafter referred to as "Town",
Party of the First Part___________________________ and ______________________________________ husband and wife , sometimes hereinafter referred to as ____________, Parties of the Second Part.
WITNESSETH: That for and in consideration of the mutual covenants herein contained, the parties agree as follows:
1) That _________ have granted the Town an easement across a lot owned by them, that extends from____________________________________________________ in the County of Culpeper, Culpeper, Virginia. This easement is approximately thirty (30) feet in width, and lies on Mountain Run. This easement is granted contemporaneously herewithin for the purpose of preserving and protecting the present natural , scenic, open space, educational, recreation, and transportation values thereof.
2) That the parties need to reach an understanding between them concerning how this easement will be managed, so as to impose a minimum burden on the ___________, and to establish a procedure between the parties to resolve any issues that may arise.
3) To accomplish the foregoing, the parties agree that the Town's improvement of this easement, their maintenance of it, and their operation of it, for these purposes, will in all cases where the ____________believe themselves to be affected thereby, be with consultation with the ___________. Their initial and immediate contact shall be with the Culpeper County Parks and Recreation Department, who in consultation with them shall attempt to resolve any and all issues. If any issue is not satisfactority resolved at this point, the _____________ will have an automatic right to bring this matter before the Culpeper Town Council, in accordance with their rules, without having to establish good cause therefor. Some of the issues now being discussed are set forth herein
4) That the Town will consider placing two no trespassing signs at either corner of the _______________propert next to the easement.
5) That the Town will consider erecting a fence along the easement boundary line, separating it from the _______________ property. The type of fence will be selected with consultation with the _________________.
6) The Town will consider planting shrubs along the fence for aesthetic purposes.
7) The___________________do not wish to be disturbed in the quiet use of their property at night, nor for their neighbors to be so disturbed. Therefore, the Town will consider adopting procedures prohibiting unnecessaryily loud noises that will interfere with the quiet enjoyment of their premises, prohibit unruly horseplay, the congregation of gangs, and the use of the easement after approximately one hour past sunset. The Town will be responsible for the safety and security of the people using the easement, and those affected by its use, and will insure that this easement is patrolled by law enforcement officers similar to other areas of the Town.
8) The Town will be solely responsible for the maintenance , upkeep and opoeration of the easement. The Town maintenance of the easement will generally be in accord with that of the ______________ maintenance of their onw property and that of the surrounding neighborhood.
9) The Town will defend the __________________against any lawsuits arising out of the use of the easement that might be filed against them, and willindemnify them from any liability that they might sustain thereby.
10) The Town will consider installing overhead lights along the easement.
11) The _____________reserve the right to use their land upon which this easement is situate, so long as it does not interfere with the use for which this easement ewas granted, nor will in any damage any of the improvements made for such purposes.
Entered this ____________day of ____________________2007
Town of Culpeper BY:_____________________________ Pranas A. Rimeikis, Mayor
ATTEST:_________________________ , Clerk
_____________________________________
______________________________________
COMMONWEALTH OF VIRGINIA
COUNTY OF CULPEPER, TO-WIT:
The foregoing was acknowledged before me this _____________day of____________ 2007, by Pranas A. Rimeikis, Mayor and__________________Clerk of the said Town respectively.
My commission expires:______________________
_________________________________________ Notary Public
COMMONWEALTH OF VIRGINIA
COUNTY OF CULPEPER, TO-WIT:
The foregoing was acknowledged before me this _____________day of____________ 2007, by ______________________________ and_______________________________
My commission expires:______________________
_________________________________________ Notary Public
TOWN OF CULPEPER
DONATIONS POLICY - MOUNTAIN RUN TRAIL GREENWAY
1. STATEMENT OF PURPOSE
The Culpeper Town Council ( "the Council") is committed to the aesthetic development of the Mountain Run Trail Greenway (' the Greenway") . In the continued development of the Greenway the Council strives to promote community involvement and provide opportunities for Culpeper's Citizens: (1) to participate in the development of the Greenway through monetary contributions for specific projects, plantings, or hardscape items, (2) to donate landscaping, hardscape items, historic objects or other items or improvements relevant to the Town of Culpeper and it's citizens for public display on the Greenway. The Council shall accept or deny such contributions or donated items on a case by case basis. In order to accomplish these objectives, the following policies and procedures are established.
II. Offers of Donation and Contribution All offers to contribute to the construction of or donate an item for public display on the Greenway must be in writing, addressed to the Culpeper Department of Parks and Recreation.
The request should include information adequate to evaluate the proposed project or item, including but not limited to the following:
* Drawings, photos or written description of the item (s) to be donated or design drawings for projects the applicant wishes to fund for construction. The description should demonstrate that the item has the requisite physical integrity to withstand public display and withstand exposure to the natural elements;
* Proposed Greenway location (illustrated on the Greenway Master Plan) the applicant proposes to display the item or project;
* Anexplanation of why the item (s) should be displayed on Greenway and how the display of such serves a purpose appropriate to the intersts of the publis;
* Estimates of the costs of installing the item (s) for public display , or budget for constructing a proposed item.
* the anticipated date for the donation to occur;
* Public support for the proposed donation;
* A written description of the background / historical information associated with any donated item.
III. Committee Review
Once the Department of Parks and Recreation receives an adequately documented offer of donation, staff will review the offer in accordance with the Greenway Master Plan ("the Master Plan"). Staff recommendations will be submitted to the Council 's Parks and Recreation Committee (the Committee"). Staff will provide copies of all information received from the donor to the attendees of the Committee Meeting. The Committee will review the offer to determine:
* If the offer of donation is adequately documented;
* The availability and appropriateness of the requested site for placement of the item (s) as the site relayes to the Master Plan;
* Whether the Town has sufficient resources for display, maintain store, protect, conserve, insure and maintain the item;
* Wheather the proposal is aesthetically compatible with the theme of the Greenway, the existing landscaping, and its impact on the Greenway's natural beauty.
IV. Culpeper Town Council Approval
Once items are reviewed and a recommendation is determined, the Committee will submit the matter for consideration at the next available meeting of the Culpeper Town Council.
The Culpeper Town Council will formally accept or decline the donation by motion.
If it votes to accept an offer of donation, such motions to do so shall include any conditions to be placed on its acceptance of the offer.
A written Notice of Action will be sent on behalf of the Council, including any conditions placed on its acceptance of the offer of donation. The Council has no obligation to accept, display, or maintain any item (s) donated to the Council.
Once the item (s) is accepted the Council, the Town of Culpeper shall be the sole owner of the donated item (s) and will have the right, in its sole and absolute discretion , except as limited by written title documents, to remove from display any donated item (s) without notice to or obtaining the consent of the donor.
Culpeper Greenway Estimates - Area 1 From Spenser Street to Keyser Road
1 Mobilization
2 Erosion and Sediment Control
3 Demolition
4 Earthwork
5 Fill for designated streambank area
6 Crushed stone
7 Asphalt Paving
8 Guardrails
9 VDOT
10 Curbs
11 Seedings
12 Bike Racks
13 Benches
14 Parking area