HomeMy WebLinkAboutLOD202100005 Correspondence 2021-06-02Date: Wednesday, 5/25/2021
To: Mr. Bart Svoboda
Zoning Administrator
County of Albemarle Community Development
401 McIntire Road
Charlottesville, VA 22902
Hand Delivered
From: Charis H. Mitchell
RE: Swanson- Easter "Ivy Point Farm, LLC
Tax Map 58, Parcels 91,92C1, 99 A,99B,99A1 & 99131
TRANSMITTAL MEMORANDUM
As per your request please find the following attached:
1. Six (6) Original Letters of Determination
2. One (1) Check for the sum total of $648.00
If you have any questions regarding the above, or I can further assist please do not hesitate to
contact me.
• Please let us know when the plat is ready for pick up. Also Please DO NOT STAMP THE
LETTERS
Charis H. Mitchell
Kirk Hughes & Associates - Land Surveyors & Planners
220 East High Street, Charlottesville, VA 22902 1 Voice: (434) 296-6942 1 Email: Charis0khals net
Micro Business Certified SWaM Certification #697836
May 6, 2021
Mr. Bart Svoboda, Zoning Administrator
Community Department
401 McIntire Road, North Wing
Charlottesville, VA 22902
Re: Tax Map 58, Parcels
91, 92C3, 99A, 99B, 99A1, and 9981
Dear Mr. Svoboda,
Pursuant to the attached application for an Official Letter of Determination, the following is an explanation justifying
this request.
Current Zoning Rural Areas
The six (6) parcels listed above, all in Ivy, were all existent on December 10, 1980 when the current zoning was
adopted, and were all listed on the 1979 Albemarle County Tax Map to which the zoning refers. That area was zoned
Rural Areas (RA) and, as such, all six parcels were given, and it is my opinion still hold, five (5) development rights
each. But for minor metes variations, they have largely held their use and current configuration; no new parcels
have been cut from any of them. Only the historic parcel now listed as Tax Map -Parcel (TMP) 58-99A1, but then
land -hooked as part of TMP 58-100, has seen significant metes change —the subtraction then re -addition of some
bottomland along Ivy Creek, all in the flood plain; and a sliver conveyed off to the Commonwealth of Virginia for
road purposes —neither increasing nor decreasing in any way its development rights.
Original Legal Descriptions
Tax Map -Parcel (TMP) 58-91 is the 8.85+/- acre residue of old TMP 58-91B created October 30, 1959 by deed found
in the Clerk's Office of the Circuit Court of Albemarle County, Virginia in Deed Book (DB) 353, page (/) 433, plat at
page 436. (All following Deed Book references can be found in the Clerk's Office just cited.) It has a residence
bearing the address 4015 Ivy Road. It has passed otherwise unchanged through the following chain of title to the
current owner, gaining and retaining five development rights (Grantor/Grantee names have been truncated in the
interest of brevity; further details can be found in the deeds cited.):
• Parent Parcel: Vest acquires 112.80 acres, deed found in the Clerk's Office cited above at DB 265/165,
October 10, 1945. There were three off -conveyances of (1) 45.24 acres in DB332/407; (2) 37.57 acres in DB
353/433 in October 1959, creating this parcel in the process; (3) 21.14 acres in DB 690/315.
• Vest to Martin: four parcels aggregating to 15.044 acres, including this one (Parcel "A"), in DB 718/039 on
June 1, 1981
• A Deed of Trust for the Martins in DB 775/322 has attached a plat dated August 16, 1983 at page 327 of
the four adjoining parcels totaling 15.044 acres, of which this parcel is one (referred to as "T.M.58 Par. 91"),
and is referred to in the following three citations:
• Martin to Ivy Point LT: the same four parcels aggregating to 15.044 acres, including this one, in DB 977/346
on January 27, 1988
• Ivy Point LT to Ivy Creek Farm, LLC: the same four parcels aggregating to 15.044 acres, including this one, in
DB 2198/601 on May 21, 2002
• Ivy Creek Farm, LLC to Ivy Point Farms, LLC: the same four parcels aggregating to 15.044 acres, including
this one, in DB 2298/277 on October 22, 2002
Ivy Point Farms, LLC, c/o William Swanson retains current ownership of TMP 58-91, with five development rights.
TMP 58-92C1 is variously described as "...that certain small triangular tract or parcel of land... containing a fraction of
Kirk Hughes & Associates - Land Surveyors & Planners
220 East High Street, Charlottesville, VA 22902 1 Voice: (434) 296-6942 1 Email: kirk@khals.net
Micro Business Certified SWaM Certification #697836
Mr. Bart Svoboda, Zoning Administrator
May 7, 2021
Page 2
an acre..." (DB 302/444); elsewhere as Parcel "B..600 acres..." (DB 718/039); but listed as containing 0.49 acre in the
Albemarle County GIS records. It was created October 14, 1952 by metes and bounds description in said DB
302/444, with reference to the parent parcel's plat at DB 285/424, page 426. It has passed unchanged through the
following chain of title to the current owner, gaining and retaining five development rights:
• Parent Parcel: Andrews acquires 9.37 acres, deed found in the Clerk's Office cited above at DB 285/424,
September 19, 1949, with plat attached.
• Andrews to Vest: the "small" parcel described above in DB 302/444 in 1952
• Vest to Martin: four parcels aggregating to 15.044 acres, including this one (Parcel "B"), in DB 718/039 on
June 1, 1981
• A Deed of Trust for the Martins in DB 775/322 has attached a plat dated August 16, 1983 at page 327 of
the four adjoining parcels totaling 15.044 acres, of which this parcel is one (referred to as "T.M.58 Par.
92C"), and is referred to in the following three citations:
• Martin to Ivy Point LT: the same four parcels aggregating to 15.044 acres, including this one, in DB 977/346
on January 27, 1988
• Ivy Point LT to Ivy Creek Farm, LLC: the same four parcels aggregating to 15.044 acres, including this one, in
DB 2198/601 on May 21, 2002
• Ivy Creek Farm, LLC to Ivy Point Farms, LLC: the same four parcels aggregating to 15.044 acres, including
this one, in DB 2298/277 on October 22, 2002
Ivy Point Farms, LLC, c/o William Swanson retains current ownership of TMP 58-92C1, with five development rights.
TMP 58-99A contains 3.10 acres per the Albemarle County GIS, but is stated to contain as Parcel "D. 3.77 acres,
more or less, the balance of the 7.7 acres..." in DB 718/038, plat at page 039. It was created August 15, 1956 by off -
conveyance of 3.93 acres in DB 326/138, 139 (plat). It has passed unchanged through the following chain of title to
the current owner, gaining and retaining five development rights:
• Parent Parcel: McCreery to Vest: 7.7 acres, deed found in the Clerk's Office cited above at DB 285/429,
September 19, 1949. There was one off -conveyance in 1956 as noted here above in DB 326/138, known as
"Lot 1" on the attached plat
• Vest to Martin: four parcels aggregating to 15.044 acres, including this one (Parcel "D"), in DB 718/039 on
June 1, 1981
• A Deed of Trust for the Martins in DB 775/322 has attached a plat dated August 16, 1983 at page 327 of
the four adjoining parcels totaling 15.044 acres, of which this parcel is one (referred to as "T.M.58 Par. 99"),
and is referred to in the following three citations:
• Martin to Ivy Point LT: the same four parcels aggregating to 15.044 acres, including this one, in DB 977/346
on January 27, 1988
• Ivy Point LT to Ivy Creek Farm, LLC: the same four parcels aggregating to 15.044 acres, including this one, in
DB 2198/601 on May 21, 2002
• Ivy Creek Farm, LLC to Ivy Point Farms, LLC: the same four parcels aggregating to 15.044 acres, including
this one, in DB 2298/277 on October 22, 2002
Ivy Point Farms, LLC, c/o William Swanson retains current ownership of TMP 58-99A, with five development rights.
TMP 58-99B is a 4.18 acre parcel created August 15, 1956 in DB 326/139, plat attached. It has a residence bearing
the address 4017 Ivy Rd. It has passed otherwise unchanged through the following chain of title to the current
owner, gaining and retaining five development rights:
• Robins to Vest: 4.18 acres, deed found in the Clerk's Office cited above at DB 326/139 in August 1956, here
noted, known as "Lot 2" on the attached plat
Mr. Bart Svoboda, Zoning Administrator
May 7, 2021
Page 3
• Vest to Martin: four parcels aggregating to 15.044 acres, including this one (Parcel "C"), in DB 718/039 on
June 1, 1981
• A Deed of Trust for the Martins in DB 775/322 has attached a plat dated August 16, 1983 at page 327 of
the four adjoining parcels totaling 15.044 acres, of which this parcel is one (referred to as "T.M.58 Par.
99C"), and is referred to in the following three citations:
• Martin to Ivy Point LT: the same four parcels aggregating to 15.044 acres, including this one, in DB 977/346
on January 27, 1988
• Ivy Point LT to Ivy Creek Farm, LLC: the same four parcels aggregating to 15.044 acres, including this one, in
DB 2198/601 on May 21, 2002
• Ivy Creek Farm, LLC to Ivy Point Farms, LLC: the same four parcels aggregating to 15.044 acres, including
this one, in DB 2298/277 on October 22, 2002
Ivy Point Farms, LLC, c/o William Swanson retains current ownership of TMP 58-99B, with five development rights.
TMP 58-99A3 is vacant acreage currently said to contain 27.46 acres per Albemarle County GIS, but may contain
27.49 acres. It is the residue of a 31.7 acre parcel from which 4.18 acres was cut for "Lot 2" in August 1956 in DB
326/139 (see TMP 58-99B above). It had passed otherwise unchanged until 2002 through the following chain of title
to the current owner, gaining and retaining five development rights. As noted previously, fluctuations in the bounds
of this parcel since 2002 should not affect its retention of the five development rights originally granted in December
1980.
• Wise to Robins: three tracts totaling 194.95 acres, the "Second" being 31.7 acres by deed found in the
Clerk's Office cited above at DB 295/220, ref. plat at DB 267/419; May 15, 1951
• Robins to Vest: 4.18 acres, "a portion of the 31.7 acre tract" just above, leaving 27.52 acres, in DB 326/139;
August 15, 1956 (as noted here above)
• Robins to Seagram & Sons, Inc: four tracts comprising "Ivy Creek Farm", the "Second" tract being these
27.52 acres, in DB 682/524, plat attached at page 527 indicating a total acreage of 200.645 acres; October
15, 1979. It is land -hooked into TMP 58-100 on the 1979 Albemarle County Tax Map.
• Seagram & Sons, Inc to Vivendi Universal Holding: the same four tracts, the "Second" tract being these
27.52 acres, in DB 2130/352; December 21, 2001; Corrected to include an additional tract in December
2001 by DB 2153/108, recorded February 11, 2002
• Vivendi Universal Holding to Ivy Creek Farm, LLC: five parcels in two tracts (including "TMP 05800-00-00-
099A1"), "Tract 1" containing the same four tracts above, the "Second" of those being these 27.52 acres,
DB 2198/593; May 14, 2002
• A plat found at DB 2298/280, 283 shows in part a redivision of TMP 58-99A3 cutting off "Parcel X" of 6.21
acres along the north side of Ivy Creek, approximately along the 100 foot stream buffer line, and land -
hooking it to TMP 58-100 to the south, leaving 58-99A3 with 22.16 acres; recorded October 22, 2002. It
should still retain its five development rights.
• Ivy Creek Farm, LLC to Swanson: two parcels, "Parcel 1" being the 22.16 acre "Residue T.M. 58-99A1" in the
plat above, in DB 2298/284; October 22, 2002
• Ivy Creek Farm, LLC to Swanson: 5.33 acre "Parcel Y" by resurvey along Ivy Creek restoring much of "Parcel
X" taken by DB 2298/283 above to TMP 58-99A3, in DB 3623/456, 460 plat; July 17, 2008. TMP 58-99A1
now contains 27.49 acres; this again should not affect this parcel's five development rights.
• Swanson to Commonwealth of Virginia: 0.0353 acre for road purposes and ROW along Route 637, DB
4523/245, 249-250 plat; August 11, 2014. This again should not affect this parcel's five development rights.
• Swanson to William G. Swanson RLT of 2006: two parcels, "Parcel 1" shown as "T.M. 58-99A3 on the plat",
DB 4896/302; April 13, 2017. (Note: the deed references are mixed up for the two Parcels in this deed.)
Mr. Bart Svoboda, Zoning Administrator
May 7, 2021
Page 4
• An Open -Space Use Agreement between the Swansons and the County of Albemarle, Virginia specifically
tied to this Tax Map Parcel, found at DB 4963/319, recorded September 25, 2017 in the Clerk's Office cited
above, may impact the exercise of this parcel's development rights, but does not change the five it retains.
The William G. Swanson Revocable Living Trust of 2006 retains current ownership of TMP 58-99A1, with five
development rights.
TMP 58-99131 is vacant acreage containing 3.93 acres created May 31, 1956 in DB 326/138, plat attached. It has
passed unchanged through the following chain of title to the current owner, gaining and retaining five development
rights:
• Vest to Robins: 3.93 acres, deed found in the Clerk's Office cited above at DB 326/138 in August 1956, here
noted, known as "Lot 1" on the attached plat
• Robins to Seagram & Sons, Inc: four tracts comprising "Ivy Creek Farm", the "Fourth" tract being these 3.93
acres comprising old "Lot 1" from the plat above, in DB 682/524, plat attached at page 527 indicating a
total acreage of 200.645 acres; October 15, 1979. It is land -hooked into TMP 58-100 on the 1979 Albemarle
County Tax Map.
• Seagram & Sons, Inc to Vivendi Universal Holding: the same four tracts, the "Fourth" tract being these 3.93
acres comprising old "Lot 1", in DB 2130/352; December 21, 2001; Corrected to include an additional tract
in December 2001 by DB 2153/108, recorded February 11, 2002
• Vivendi Universal Holding to Ivy Creek Farm, LLC: five parcels in two tracts (including "TMP 05800-00-00-
099151"), "Tract 1" containing the same four tracts above, the "Fourth" tract being these 3.93 acres
comprising old "Lot 1", DB 2198/593; May 14, 2002
• Ivy Creek Farm, LLC to Swanson: two parcels, "Parcel 2" being these 3.93 acres comprising old "Lot 1", in DB
2298/284; October 22, 2002
• Swanson to William G. Swanson RLT of 2006: two parcels, "Parcel 2" shown as "T.M. 58-99B1 on the plat",
DB 4896/302; April 13, 2017. (Note: the deed references are mixed up for the two Parcels in this deed.)
The William G. Swanson Revocable Living Trust of 2006 retains current ownership of TMP 58-9981, with five
development rights.
In summary, each of these aforementioned parcels gained and, in my opinion, still retains five development rights
each. Please contact me if you have any questions or need additional information. And thanks in advance for your
assistance.
Respectfully Submitted,
4jy--*
Kirk Hughes, L.S.
Principal
KH/gb
Attachments: Application, current Tax Map 58,
1979 Tax Map 58, and Deeds & Plats