HomeMy WebLinkAboutLOD200400010 Legacy Document 2007-09-14April 27, 2004
Tara Rowan Boyd
LeClair Ryan
Post Office Box 2017
Charlottesville, VA 22902-2017
RE: OFFICIAL DETERMINATION OF DEVELOPMENT RIGHTS AND PARCELS- Tax
Map 103, Parcels 1, 1 B, 1 C, 1 D, 1 E, 1 F and 1 G (Property of University of Virginia
Foundation) Section 10.3.1
Dear Ms. Boyd:
The County Attorney and I have reviewed the title information for the above -noted
properties. It is the County Attorney's advisory opinion and my official determination
that Tax Map 103, Parcel 1 contains five (5) development rights, Parcel 1 B contains five
(5) development rights. Parcel 1 C contains one (1) development right. Parcel 1 D
contains three (3) development rights. Parcel 1 E contains five (5) development rights.
Parcel 1 F contains one (1) development right. Parcel 1 G contains two (2) development
rights. The basis for this determination is provided below.
PART ONE: This section identifies the most recent deeds prior to December 10, 1980
that establish the properties as parcels of record for the purpose of allocation
development rights. This section also contains the deeds by which John W. Kluge
acquired the properties.
Tax Map 103, Parcel 1
Our records indicate Tax Map 103, Parcel 1 contains 144.270 acres and no dwellings.
The property is in the Lanark Agricultural Forestal District. The most recent deed for this
property is recorded in Deed Book 2712, page 325.
The most recent deed for this parcel recorded prior to the adoption of the ordinance,
December 10, 1980, is recorded in Deed Book 674, page 253 and is dated June 14,
1979. This deed conveyed 144.27 acres from James L. Hurley and Patricia N. Hurley to
Short Hills, Inc. The property is more particularly described on a plat by William
Roudabush that is recorded in Deed Book 429, page 433. This is a subdivision plat that
created the 144.27- acre parcel identified as a portion of "Ellerslie." On the basis of
CAP rogram Data\U nityECM\OldDoclmporter\localcopy.doc
Tara Rowan Boyd
April 27, 2004
Page 2
this deed, Tax Map 103, Parcel 1 is determined to be a parcel of record with five
development rights on December 10, 1980 as defined in Section 10.3.
Deed Book 735, page 163, dated March 3, 1982 conveyed four tracts from Short Hills,
Inc. to John W. Kluge. The tracts are described as follows:
(1) All those certain tracts or parcels containing in the aggregate 477.557 acres shown
on the plat by William Roudabush recorded in Deed Book 702, page 27. [TM 103-1 B] +
[102-35, 35A and 35C]
(2) All that certain tract or parcel containing 326.23 acres and described on a plat by
William Roudabush recorded in Deed Book 398, page 555 and shown thereon as
Parcel X. [TM 103-1 E]
(3) This clause describes a tract containing 43.566. This tract is not part of this
determination.
(4) All that certain tract or parcel containing 144.27 acres, conveyed by the deed
recorded in Deed Book 674, page 253. [TM 103-1]
This transaction has no effect on the status of Parcels 1, 1 B or 1 E or their
development rights.
Tax Map 103, Parcel 1 B
Our records indicate Tax Map 103, Parcel 1 B contains 97.670 acres and no dwellings.
The property is in the Lanark Agricultural Forestal District. The most recent deed for this
property is recorded in Deed Book 2712, page 325.
The analysis for this parcel begins with a plat prepared by A. R. Sweet and Associates,
dated March 18, 1959 and recorded in Deed Book 349, page 62B. It is titled, "Plat
Showing Ellerslie divided as Parcels A, B, C & E with Parcel D." Parcel A, containing
156.11 acres and Parcel B containing 16.925 acres together comprised Parcel 1 B as
shown on the 1980 tax map. Parcel E, containing 788.230 acres was subsequently
divided to create Parcels 1, 1 C, 1 D, 1 E, 1 F, 1 G as well as additional parcels that are not
a subject of this determination.
The most recent deed for this parcel recorded prior to the adoption of the ordinance,
December 10, 1980, is recorded in Deed Book 702, page 24 and is dated January 1,
1977. This deed conveyed two tracts from Ronald K. Banister and Inez A. Banister to
Short Hills, Inc. Tract #1 is described, in part, as follows: (Tract # 2 is addressed in the
discussion of Parcel 1 E)
(1) All those certain tracts or parcels containing in the aggregate 477.857 acres, being
the same land shown as 481.708 acres on a plat recorded in Deed Book 175, page
CAP rogram Data\U nityECM\OldDoclmporter\localcopy.doc
Tara Rowan Boyd
April 27, 2004
Page 3
21 and Deed Book 344, page 63 less a tract of 4.151 acres shown on the plat by
William S. Roudabush dated January 9, 1977, attached to this deed.
The plat recorded in Deed Book 175, page 21 shows a 308 2/5 -acre tract that was
shown in 1980 as Parcel 35 on Tax Map 102. The July 9, 1977 plat, recorded in Deed
Book 702, page 27, shows the tract that is now shown as Parcel 35 on the current Tax
Map 102. These parcels are not subjects of this determination.
On the basis of this deed and with reliance on the March 18, 1959 plat by A. R.
Sweet, the 481.708- acre parcel is determined to have been comprised of four
separate parcels of record on December 10, 1980 as defined in Section 10.3. The
parcels are identified as follows: (The A. R. Sweet plat and a sketch showing the
location of these parcels on the 1980 tax map is enclosed.)
1. Parcel A, containing 156.11 acres is a portion of Tax Map 103, Parcel 1113 as
it was shown on the 1980 tax map. This parcel had five (5) development
rights on December 10, 1980;
2. Parcel B, containing 16.925 acres is a portion of Tax Map 103, Parcel 1 B as it
was shown on the 1980 tax map; (this parcel is designated as PARCEL X on the
plat by Kurt Gloeckner that is recorded in Deed Book 1957, page 698. It is now a
portion of Tax Map 102, Parcel 35A. This parcel has five (5) development rights,
even though they were not identified on the Gloeckner plat.) It is not a subject of
this determination.
3. The 4.151 acre parcel shown on the January 9, 1977 plat by William Roudabush.
This is shown within the bounds Tax Map 102, Parcel 35 on the 1980 tax map. It
is not a subject of this determination;
4. The residue of the property shown on the plat recorded in Deed Book 175, page
21. This is identified as "Egern" on the A. R. Sweet plat. This property is shown to
contain 308 2/5 acres on the above referenced plat recorded in Deed Book 175,
page 21. This was identified as Tax Map 102, Parcel 35 on the 1980 tax map. It
is not a subject of this determination.
Deed Book 735, page 163, described above in the discussion of Parcel 1, also
conveyed Tax Map 103, Parcell B from Short Hills, Inc. to John W. Kluge. The
transaction had no effect on the status of the parcel or on its development rights.
Deed Book 1957, page 698 contains a plat titled Division of Mountain Tract Being a
Portion of Tax Map 102, Parcel 35A and Tax Map 103, Parcel 1 E and 1 B. (The plat
references Parcel 1 E in error) This plat reconfigured the boundary between T.M. 102-
35A and Tax Map 103, Parcel 1 B. Parcels M, U and Z, portions of Tax Map 102, Parcel
35A were added to Tax Map 103, Parcel 1 B. Parcels V and W, portions of Tax Map
103, Parcel 1 B were added to Tax Map 102, Parcel 35A. No development rights were
conveyed with these parcels.
CAP rogram Data\U nityECM\OldDoclmporter\localcopy.doc
Tara Rowan Boyd
April 27, 2004
Page 4
As a result of this transaction, the residue of Tax Map 103, Parcel 1 B now
contains 97.67 acres and retains five (5) development rights. These development
rights are derived from the 156.11 -acre portion of Tax Map 103, Parcel 1B
identified as Parcel A on the A. R. Sweet plat.
Tax Map 103, Parcel 1C
Our records indicate Tax Map 103, Parcel 1C contains 1.420 acres and one dwelling.
The property is in the Lanark Agricultural Forestal District. The most recent deed for this
property is recorded in Deed Book 2712, page 325.
The most recent deed for this parcel recorded prior to the adoption of the ordinance,
December 10, 1980, is recorded in Deed Book 678, page 52 and is dated August 13,
1979. This deed conveyed 1.42 acres from William P. McKelway and Meredith M.
McKelway to William Robert Hammond and Cynthia Ann Hammond. The property is
more particularly described on a plat by William Roudabush that is recorded in Deed
Book 384, page 183. On the basis of this deed, Tax Map 103, Parcel 1C is
determined to be a parcel of record with one development right on December 10,
1980 as defined in Section 10.3.
Deed Book 907, page 223, dated October 13, 1986, conveyed 1.42 acres from William
Robert Hammond and Cynthia Ann Hammond to J.W.K. Properties Inc. The property is
more particularly described as being the same property shown on the plat by William
Roudabush that is recorded in Deed Book 384, page 183. This transaction had no
effect on the status of Parcel 1C or its development rights.
Tax Map 103. Parcel 1 D
Our records indicate Tax Map 103, Parcel 1 D contains 7.180 acres and one dwelling.
The property is in the Lanark Agricultural Forestal District. The most recent deed for this
property is recorded in Deed Book 2712, page 325.
The most recent deed for this parcel recorded prior to the adoption of the ordinance,
December 10, 1980, is recorded in Deed Book 490, page 546 and is dated June 15,
1971. This deed conveyed two tracts from Jimmy L. Whitt and Shirley A. Whitt to John
Douglas Clark and Joan Livers Clark. Tract (1) is described as containing 7.18 acres
shown on a plat recorded in Deed Book 398, page 79. On the basis of this deed, Tax
Map 103, Parcel 1 D is determined to be a parcel of record with three development
rights on December 10, 1980 as defined in Section 10.3.
Deed Book 741, page 507, dated April 27, 1982, conveyed two tracts from John
Douglas Clark and Joan Livers Clark to John W. Kluge. Tract (1) contained 7.18 acres
described as being that shown on a plat recorded in Deed Book 398, page 79. The
second tract described in this deed is not a subject of this determination. (Parcel 1 D is
CAP rogram Data\U nityECM\OldDoclmporter\localcopy.doc
Tara Rowan Boyd
April 27, 2004
Page 5
also shown on a physical survey recorded in Deed Book 824, page 741.) This
transaction had no effect on the status of Parcel 1 D or its development rights.
Tax Map 103, Parcel 1 E
Our records indicate Tax Map 103, Parcel 1 E contains 326.630 acres and one dwelling.
The property is in the Lanark Agricultural Forestal District. The most recent deed for this
property is recorded in Deed Book 2712, page 325.
The most recent deed for this parcel recorded prior to the adoption of the ordinance,
December 10, 1980, is recorded in Deed Book 702, page 24 and is dated January 1,
1977. This deed, referenced above in the discussion of Parcel 1 B, conveyed two tracts
from Ronald K. Banister and Inez A. Banister to Short Hills, Inc. Tract (2) is described,
in part, all that certain tract or parcel containing 326.23 acres shown as Parcel "X" on
plat by William Roudabush recorded in Deed Book 398, page 555. The acreage on the
William Roudabush plat is shown to be 326.63 acres. This plat, dated June 23, 1964
divided Parcel 1 E as well as Parcels 1 F and 1 G from Ellerslie.
(Parcel 1 E is a portion of Parcel E, shown on the A. R. Sweet plat.)
On the basis of this clause in the deed, Tax Map 103, Parcel 1 E is determined to
be a parcel of record with five development rights on December 10, 1980 as
defined in Section 10.3.
Deed Book 735, page 163, described above, in the discussion of Parcels 1 and 1 B, also
conveyed Tax Map 103, Parcel 1 E from Short Hills, Inc. to John W. Kluge. This
transaction had no effect on the status of the parcel or on its development rights.
Tax Map 103, Parcel 1 F
Our records indicate Tax Map 103, Parcel 1 F contains 3.010 acres and one dwelling.
The property is in the Lanark Agricultural Forestal District. The most recent deed for this
property is recorded in Deed Book 2712, page 325.
The most recent deed for this parcel recorded prior to the adoption of the ordinance,
December 10, 1980, is recorded in Deed Book 686, page 137 and is dated November
28, 1979. This deed conveyed a parcel from Edward J. Meeks and Juanita G. Meeks to
Neal W. Wilkerson and Kay M. Wilkerson. The lot is described as containing 3.01 acres,
shown as Parcel Z on a plat by William Roudabush recorded in Deed Book 398, page
555. On the basis of this deed, Tax Map 103, Parcel 1F is determined to be a
parcel of record with one (1) development right on December 10, 1980 as defined
in Section 10.3.
Deed Book 741, page 510, dated April 27, 1982, conveyed a parcel from Neal W.
Wilkerson and Kay M. Wilkerson to John W. Kluge. The lot is described as containing
CAP rogram Data\U nityECM\OldDoclmporter\localcopy.doc
Tara Rowan Boyd
April 27, 2004
Page 6
3.01 acres, shown as Parcel Z on a plat by William Roudabush recorded in Deed Book
398, page 555. This transaction had no effect on the status of Parcel 1 F or its
development rights.
Tax Map 103, Parcel 1G
Our records indicate Tax Map 103, Parcel 1 G contains 4.140 acres and one dwelling.
The property is in the Lanark Agricultural Forestal District. The most recent deed for this
property is recorded in Deed Book 2712, page 325.
The most recent deed for this parcel recorded prior to the adoption of the ordinance,
December 10, 1980, is recorded in Deed Book 593, page 343 and is dated April 6,
1976. This deed conveyed a parcel from W. Curtis Thacker and Mary E. Thacker to
Stanley B. Leap. The lot is described as containing 4.14 acres, shown as Parcel "Y" on
a plat by William Roudabush recorded in Deed Book 398, page 555. On the basis of
this deed, Tax Map 103, Parcel 1G is determined to be a parcel of record with two
(2) development rights on December 10, 1980 as defined in Section 10.3.
Deed Book 848, page 174, dated August 14, 1985, conveyed a parcel from Stanley B.
Leap to JWK, Inc. The lot is described as containing 4.14 acres, shown as Parcel "Y" on
a plat by William Roudabush recorded in Deed Book 398, page 555. This transaction
had no effect on the status of Parcel 1G or its development rights.
PART TWO: This section contains the deeds that consolidated the parcels under the
ownership of JWK Properties, Inc. and then conveyed them to UVA.
Deed Book 824, page 63, dated December 10, 1984 conveyed several tracts from John
W. Kluge and Patricia M. Kluge to JWK Properties, Inc. These parcels included Tax
Map 103, Parcels 1, 1 B, 1 C, 1 D, 1 E and 1 F. This transaction had no effect on the
status of these parcels or their development rights.
Deed Book 2029, page 237, dated January 8, 2001, conveyed several properties from
JWK Properties, Inc. (sometimes referred to J.W.K. Properties, Inc.) to University of
Virginia Real Estate Foundation. These properties include all of the parcels that are the
subject of this determination; Tax Map 103, Parcels 1, 1 B, 1 C, 1 D, 1 E, 1 F, and 1 G. This
transaction had no effect on the status of these parcels or their development
rights.
Deed Book 2712, page 325, dated March 22, 2004, conveyed a number of properties
from the University of Virginia Real Estate Foundation to the University of Virginia
Foundation. This deed conveyed all of the parcels that are the subject of this
determination, LESS AND EXCEPT Tax Map 103, Parcel 1 C. This transaction had no
effect on the status of these parcels or their development rights.
CAP rogram Data\U nityECM\OldDoclmporter\localcopy.doc
Tara Rowan Boyd
April 27, 2004
Page 7
These parcels are entitled to the noted development rights if all other applicable
regulations can be met. These development rights are theoretical in nature but do
represent the maximum number of lots containing less than twenty one acres allowed to
be created by right. In addition to the development right lots, a "parent parcel" may
create as many parcels containing a minimum of twenty-one acres as it has land to
make.
If you are aggrieved by this determination, you have a right to appeal it within thirty days
of the date notice of this determination is given, in accordance with Section 15.2-2311 of
the Code of Virginia. If you do not file a timely appeal, this determination shall be final
and unappealable. An appeal shall be taken only by filing with the Zoning Administrator
and the Board of Zoning Appeals a notice of appeal which specifies the grounds for the
appeal. An appeal application must be completed and filed along with the fee of
$120.00. The date notice of this determination was given is the same as the date of this
letter.
If you have any questions, please contact me.
Sincerely,
John Shepherd
Manager of Zoning Administration
Copies: University of Virginia Foundation
P.O. Box 400218
Charlottesville, VA 22904-4218
Gay Carver, Real Estate Department
Ella Carey, Clerk Board of Supervisors
Reading Files
Enclosed: A. R. Sweet Plat
Sketch showing location of A. R. Sweet parcels on the 1980 tax map
CAP rogram Data\U nityECM\OldDoclmporter\localcopy.doc