Chapter XIII: 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

Books

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Clark, Allan C. _Life and Letters of Dolly Madison._ W. F. Roberts Co., 1914.

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Powell, Mary G. _History of Old Alexandria, Va._ Richmond, Va.: William Byrd Press, 1928.

Rafuse, Diane. _Maplewood._ Fairfax, Va.: Office of Planning, 1970.

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Periodicals and Newspapers

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Fairfax County Census, 1810, #284.

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Artemel, Janice G. A Preliminary Survey of the Literature on James Wren. Unpublished study. Falls Church, Virginia.

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Letter from Harriotte Maffitt to George Turberville, July 13, 1819. Copy provided by Henry and Douglass Mackall from original in possession of George Turberville of Manassas.

Interviews with Peter Maffitt by the author.

Ludwell Lee Montague letter to Eleanor Lee Templeman, May 4, 1969.

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Letter from Ann Calvert (Stuart) Robinson to Elizabeth Collins Lee, October 19, 1806. Lee Family Papers, Section II, Richard Bland Lee, Virginia Historical Society.

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Interview with John D. K. Smoot, by Nan Netherton, January 18, 1979.

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Letter from William C. Woodbridge (director of The Asylum) to the Reverend William Maffitt, September 21, 1820. Copy provided by Henry and Douglass Mackall from original in possession of George Turberville of Manassas.

End of Project Gutenberg's Salona, Fairfax County, Virginia, by Ellen Anderson