Dear Friends of the Waterford Foundation,

This month we have a major accomplishment to announce.  The first of our amended easements, the Amended and Restated Deed of Easement for the Chair Factory, also known as the Hardware Store or Rollison's Store, has been signed and recorded with the court.

 The original easement was written by Foundation volunteers in the 1970s, the early days of protective easements.  Today easements are much stronger with greater protections for historic properties.  One goal for this project was to strengthen the easement--for example, by adding a clause to prohibit demolition.  Another goal was to correct some of the inconsistencies in provisions.  For instance, according to the original easement, a sign could be hung, yet the exterior appearance could not be changed.  This inconsistency created confusion. 

Amending this easement has been a long and involved process, requiring extensive review.  The Board discussed amending our easements at a retreat in November of 2007.  The Land Use Committee, chaired by Walter Music and supported by Margaret Good, Director, Properties and Land Use Programs, has directed this initiative, which began in 2008 when Foundation President Kathleen Hughes wrote to the easement holder, the Virginia Department of Historic Resources (VDHR), to solicit support. 

Calder Loth, Senior Architectural Historian, was assigned to the project by VDHR.  He spent a day here in March of 2009 photographing the property and gathering information for the new Baseline Documentation that would be required.  He then prepared the first draft of the amended easement. Multiple drafts have been sent from the Land Use Committee to the Virginia Department of Historic Resources (VDHR) for review. The amended easement has been submitted for review and approval to VDHR, Foundation attorney Leland Mahan, the Foundation Board of Directors, and the Commonwealth of Virginia Attorney General's office.  All had to signal their approval before the amended document could be signed and recorded. 

Many provisions have been strengthened and made more specific in the amended easement.  Demolition or removal of the building is now prohibited.  The original required maintaining the exterior and preserving it in its present state as practicable; the amendment requires, in addition, the same or better condition, the same workmanship and like materials and use of the Secretary of the Interior's Standards.  The original allowed all commercial or industrial uses if the exterior was not changed; the amendment lists specific uses that are permitted.  The original was silent on archaeology; the amendment requires archeological survey or investigation if VDHR believes that earth removal may impact archeologically significant sites. The original easement was silent on trees and vegetation; the amendment requires sound horticultural practices.   

Work on amending the easement for the Water Street Meadow is in progress, and the Tin Shop easement will be the next project.

Best regards,