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HomeMy WebLinkAboutSUB200400312 Review Comments Rural Division Plat 2005-05-24 "03- )B April 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 I:\DEPT\BCZS\Determin of Parcel\103-1 uva foundation.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 I:\DEPT\BCZS\Determin of Parcel\103-1 uva foundation.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 1 B 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, Parcel1 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 1E and 1 B. (The plat references Parcel 1E 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. I:\DEPT\BCZS\Determin of Parcel\103-1 uva foundation.doc Tara Rowan Boyd April 27, 2004 Page 4 As a result of this transaction, the residue of Tax Map 103, Parcel 1B 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 1 B identified as Parcel A on the A. R. Sweet plat. Tax Map 103, Parcel 1 C 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 1 C 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 1 C or its development rights. Tax Map 103, Parcel 1 D Our records indicate Tax Map 103, Parcel 1D 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 I:\DEPT\BCZS\Determin of Parcel\103-1 uva foundation.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 1B, 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 1B, also conveyed Tax Map 103, Parcel 1E 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 1 F 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 I:\DEPT\BCZS\Determin of Parcel\103-1 uva foundation.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 1G 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, 1B, 1C, 1D, 1E 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 , 1B, 1C, 1D, 1 E, 1 F, and 1G. 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 1C. This transaction had no effect on the status of these parcels or their development rights. I:\DEPT\BCZS\Determin of Parce1\103-1 uva foundation.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 I:\DEPT\BCZS\Determin of Parcel\103-1 uva foundation.doc c�OF ALB frniG1 COUNTY OF ALBEMARLE Department of Community Development 401 McIntire Road,Room 227 Charlottesville,Virginia 22902-4596 Phone(434)296-5832 Fax(434)972-4126 September 7, 2004 Tara Rowan Boyd LeClair Ryan Post Office Box 2017 Charlottesville, VA 22902-2017 RE: OFFICIAL DETERMINATION OF DEVELOPMENT RIGHTS AND PARCELS-Tax Map 102, Parcels 35 (Property of Patricia M. Kluge), 35C (Property of J. W. Kluge) and 35A (Property of Kluge Estate Winery & Vineyard) 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 102, Parcel 35 contains two (2) development rights, Tax Map 102, Parcel 35A contains ten (10) development rights. Tax Map 102, Parcel 35C contains zero (0) development rights. The basis for this determination is provided below. Tax Map 102, Parcel 35 (Albemarle House) Our records indicate Tax Map 102, Parcel 35 contains 9.904 acres and one dwelling. The property is not in an Agricultural Forestal District. The most recent deed for this property is recorded in Deed Book 1105, page 185. The analysis for this parcel begins with the deed recorded in Deed Book 175, page 20. This deed contains a plat of a 308 2/5-acre tract. This property was identified in 1980 as Tax Map 102, Parcel 35. This plat established the original Parcel 35, containing 308.4 acres as a lot of record for purposes of Section 10.3. The most recent document for this parcel recorded prior to the adoption of the ordinance, December 10, 1980, is a plat by William S. Roudabush that is dated January 9, 1977 and recorded in Deed Book 702, page 27. The plat shows a 4.151-acre parcel, designated as Parcel A, that was a portion of a 308.4-acre tract shown on the plat that is recorded in Deed Book 175, page 21. The 4.151-acre tract is designated as Parcel 35 I:\DEPT\BCZS\Determin of Parcel\102-35&35A&35C Kluge.doc Tara Rowan Boyd September 7, 2004 Page 2 on Tax Map 102. The residue is designated as Parcel 35A on Tax Map 102. On the basis of this deed, this 4.151-acre portion of Tax Map 102, Parcel 35 is determined to be a parcel of record with two development rights. Deed Book 735, page 161 , dated February 12, 1982 conveyed 4.151 acres from Ronald K. Barrister and Inez A. Barrister to John W. Kluge. The property is described as being the same that was shown on the plat that is recorded in Deed Book 702, page 27. This transaction has no effect on the status of the 4.151-acre parcel. Deed Book 824, page 63, dated December 10, 1984, conveyed 16 tracts of land from John W. Kluge and Patricia M. Kluge to JWK Properties, Inc. Among these tracts was (3) identified as containing 4.151 acres and as being the same property that was conveyed to John W. Kluge by the deed recorded in Deed Book 735, page161. This transaction has no effect on the status of the 4.151-acre - parcel. Deed Book 1105, page 185, dated June 13, 1990, conveyed 9.904 acres from JWK Properties, Inc. to Patricia M. Kluge. The property is shown on a plat by Gloeckner and Osborne that is attached to the deed. The plat transferred 5.753 acres from Parcel 35A to Parcel 35. No development rights were conveyed to Parcel 35. As a result of this transaction, Tax Map 102, Parcel 35 contains 9.904 acres and two development rights. The development rights are located within the area of the original 4.151 acre parcel. Tax Map 102, Parcel 35A Our records indicate Tax Map 102, Parcel 35A contains 165.130 acres and no dwellings. The property is not in an Agricultural Forestal District. The most recent deed for this property is recorded in Deed Book 2696, page 734. The analysis for this parcel also begins with the deed recorded in Deed Book 175, page 20. This deed contains a plat of a 308 2/5-acre tract. This property was identified in 1980 as Tax Map 102, Parcel 35. The plat established the original Parcel 35, containing 308.4 acres as a lot of record for purposes of Section 10.3. The analysis for this parcel continues 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 it is shown on the 1980 tax map. Parcels C, D and E shown on this plat are not subjects of this determination. It is determined that this plat established the 16.925-acre tract and the 156.111 acre tract as lots of record for purposes of Section 10.3. 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, I:\DEPT\BCZS\Determin of Parce1\102-35&35A&35C Kluge.doc Tara Rowan Boyd September 7, 2004 Page 3 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: (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 21 and Deed Book 344, page 63 (This should read Deed Book 349, page 63B) less a tract of 4.151 acres shown on the plat by William S. Roudabush dated January 9, 1977, attached to this deed. On the basis of this deed and with reliance on the March 18, 1959 plat by A. R. Sweet and the plat recorded in Deed Book 175, page 21, 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: 1. Parcel A on the A.R. Sweet plat, containing 156.11 acres is a portion of Tax Map 103, Parcel 1 B as it was shown on the 1980 tax map. This parcel had five (5) development rights on December 10, 1980; 2. Parcel B on the A. R. Sweet plat, 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 has five (5) development rights. 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. This parcel has two development rights. 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 plat recorded in Deed Book 175, page 21. This was identified as Tax Map 102, Parcel 35 on the 1980 tax map. This parcel, less the 4.151-acre lot, has five development rights. (156.111 + 16.925 + 308.4 — 4.151 = 477.285) Deed Book 735, page 161 , dated February 12, 1982 conveyed 4.151 acres from Ronald K. Barrister and Inez A. Barrister to John W. Kluge. The property is described as being the same that was shown on the plat that is recorded in Deed Book 702, page 27. This transaction had no effect on the status of the 4.151 acre portion of Parcel 35. Deed Book 735, page 163, dated March 3, 1982, conveyed several tracts of land from Short Hills, Inc. to John W. Kluge. Tract (1) is described, in part, as containing 477.577 acres, being the land shown as 481 .708 acres on a plat recorded in Deed Book 175, page 21 less a tract of 4.151 acres shown on a plat recorded in Deed Book 702, page 27. This transaction had no effect on the status of the four parcels described above. I:\DEPT\BCZS\Determin of Parcel\102-35&35A&35C Kluge.doc Tara Rowan Boyd September 7, 2004 Page 4 Deed Book 824, page 63, dated December 10, 1984, conveyed 16 tracts of land from John W. Kluge and Patricia M. Kluge to JWK Properties, Inc. Among these tracts were the following: Tract #3 was identified as containing 4.151 acres and as being the same property that was conveyed to John W. Kluge by the deed recorded in Deed Book 735, page161. Tract #4 was identified as containing 477.557 acres and as being the same property shown on a plat recorded in Deed Book 175, page 21 and a plat recorded in Deed Book 349, page 63 (Actually, DB 344, P 62B is correct) less the 4.151-acre parcel shown on the plat recorded in Deed Book 702, page 27. This transaction had no effect on the status of these four parcels. 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 1E and 1 B." (The plat references Parcel 1 E in error) This plat reconfigured the boundary between Tax Map, 102, Parcel 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. The plat notes that (a) the new Tax Map 102, Parcel 35A retains only five development rights, (b) the residue of Tax Map 103, Parcel 1 B retains five development rights, and (c) no development rights are transferred with Parcel X. As a result of this transaction, it is determined that Tax Map 102, Parcel 35A contains 165.13 acres and ten development rights. In spite of the fact that the plat states no development rights transferred with Parcel X, five development rights are located within the 16.925-acre tract identified as Parcel B on the A. R. Sweet Plat. Based on Note (a) above, an additional five development rights are located within the 78.82 acre Parcel (Y) and the 4.6-acre Parcel (U) of the original 308.4 acre parcel. Deed Book 2696, page 334, dated February 26, 2004, contains a certificate stating that the name of House and Garden Company, L.L.C. was changed to Kluge Estate Winery and Vineyard, L.L.C. This had no effect on the status of Parcel 35A. Tax Map 102, Parcel 35C (Golf Course Tract) Our records indicate Tax Map 102, Parcel 35C contains 216.690 acres and no dwellings. The property is not in an Agricultural Forestal District. The most recent deed for this property is recorded in Deed Book 1957, page 704. The analysis for this parcel begins with the deed recorded in Deed Book 175, page 20. This deed contains a plat of a 308 2/5-acre tract. This property was identified in 1980 as I:\DEPT\BCZS\Determin of Parcel\102-35&35A&35C Kluge.doc Tara Rowan Boyd September 7, 2004 Page 5 Tax Map 102, Parcel 35. The plat established the original 308.4-acre parcel as a lot of record for purposes of Section 10.3. 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. Again, Tract #1 is described briefly as follows: (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 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. On the basis of this deed and with reliance on the March 18, 1959 plat by A. R. Sweet and the plat recorded in Deed Book 175, page 21, 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. Tax Map 102, Parcel 35C is a portion of the residue of the property shown on the plat recorded in Deed Book 175, page 21. It is also a portion of the parcel identified as "Egern" on the A. R. Sweet plat and was identified as Tax Map 102, Parcel 35 on the 1980 tax map. Deed Book 735, page 163, dated March 3, 1982, conveyed several tracts of land from Short Hills, Inc. to John W. Kluge. Tract (1) is described, in part, as containing 477.577 acres, being the land shown as 481.708 acres on a plat recorded in Deed Book 175, page 21 less a tract of 4.151 acres shown on a plat recorded in Deed Book 702, page 27. This transaction had no effect on the status of the four parcels described above. Deed Book 824, page 63, dated December 10, 1984, conveyed 16 tracts of land from John W. Kluge and Patricia M. Kluge to JWK Properties, Inc. Among these tracts were the following: Tract #3 was identified as containing 4.151 acres and as being the same property that was conveyed to John W. Kluge by the deed recorded in Deed Book 735, page161 . Tract #4 was identified as containing 477.557 acres and as being the same property shown on a plat recorded in Deed Book 175, page 21 and a plat recorded in Deed Book 349, page 63 (Actually, DB 344, P 62B is correct) less the 4.151-acre parcel shown on the plat recorded in Deed Book 702, page 27. This transaction had no effect on the status of these four parcels. 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 I:\DEPT\BCZS\Determin of Parcel\102-35&35A&35C Kluge.doc Tara Rowan Boyd September 7, 2004 Page 6 references Parcel 1 E in error) This plat reconfigured the boundary between Tax Map 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. The plat notes that (a) the new Tax Map 102, Parcel 35A retains only five development rights, (b) the residue of Tax Map 103, Parcel 1 B retains five development rights, and (c) no development rights are transferred with Parcel X. As a result of this transaction, Tax Map 102, Parcel 35C contained a total of 216.68 acres. Parcel N, the residue of Parcel 35A, contains 205.09 acres and Parcel V, a portion of Parcel 1 B, contains 11.59 acres. No development rights were conveyed to Parcel 35C. Deed Book 1957, page 704, dated August 31, 2000, conveyed 216.69 acres from John W. Kluge and Maria T. Kluge to Patricia M. Kluge, Trustee of the John W. Kluge, Jr. Trust. This is the same property shown on the Gloeckner plat described above. This transaction had no effect on this parcel. 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 I:\DEPT\BCZS\Determin of Parcel\102-35&35A&35C Kluge.doc Tara Rowan Boyd September 7, 2004 Page 7 Copies: Kluge Estate Winery and Vineyard 3414 Ellerslie Drive Charlottesville, VA 22902 Gay Carver, Real Estate Department Enclosed: Tax Map 102 showing development rights I:\DEPT\BCZS\Determin of Parcel\102-35&35A&35C Kluge.doc 103-1 103-2A Z Z Q )---- lb T M ,03-3 y 103-1E `''^^1 103-18 O =(� 103-6A — J u \'' ~ N V o O J —I Li 102-35A J,. ; d1 • ..—'• 103-5 N. 102-32A 102=33 a1o3-,0A Lot'TSA 1-- '.0.... �10235Q � 102-35C 0 O \\ 103-100 102.ITA V 102-29 102-35B 102-28 p. 102-36 102-37 This map for displa purposes only Parcels are not to .e construed as a legal description 1`p2�j-5q Yadira Q. Amarante, Senior Planner County of Albemarle Department of Community Development Countyof Albemarle Division of Zoning and Current Development 401 McIntire Road Department Community Charlottesville, VA 22902 Phone: (434) 296-5832 ext. 3297 Development Fax: (434) 972-4126 Email: yamarant@albemarle.org Fax To: Kurt Gloeckner From: Yadira Amarante Fax: (434)293-7612 Pages: 2 Phone: Date: 12/13/04 Re: Comments for Kluge Rural Division CC: Hi Kurt, See attached. Yadira OE A ETTerititt III Vip! County of Albemarle Department of Community Development Memorandum To: Kurt Gloeckner From: Yadira Amarante, Senior Planner Division: Current Development Date: December 13,2004 Subject: SUB 04-312—Kluge Rural Division The County of Albemarle Department of Planning will grant approval of the Final Subdivision plat referred to above once the following comments have been addressed: [Each comment is preceded by the applicable reference, which is to the Subdivision/Zoning Ordinances unless otherwise specified.] **Sorry, I've had these comments since 11/23/04 and forgot to get them to you. -,/1. [14.302.0] You are misstating the development rights. Please see the Zoning determination letters dated 4/27/04 and 9/7/04 written to Tara Boyd. 2. [14.302.0] You must state if development rights are being transferred. For example TMP 102- 35 has 2 development rights. Where are those development rights going? 3. [14.302.0 & 18.10.3.1] It appears as if the 31-acre rule applies. It applies when development rights are being transferred from a parcel which was 31-acres or greater. Therefore, you must state the acreage limit to be used by those transferred development rights. -��4. [18.302.0] You must also make sure that the Kernel Rule is being honored, i.e. when transferring development rights from one parcel to the other, you must state (not only the / acreage limit) that the development right(s) can only be used within the old parcel boundaries. J5. [14.303.C] Show all of the old boundary between 102-35A and TMP 103-1B. You're missing a -\ O 'tUO - 6. [14.303.D] The acreage tables are all wrong. My research and review of the plat reflects the following: TMP # Old Acreage New Acreage 103-1B 97.67 176.87 102-35A 165.13 95.83 102-35 9.904 0 For this acreage stuff it might just be easier to start with the old acreage and add or subtract the pieces that changing instead of trying to figure out Parcel Y2 and X2 acreage first. I think this is messing you up. 7. [14.303.0] In the signature panels show which entity owns which TMP. Please contact Yadira Amarante at the Department of Planning and Community Development 296- 5832 ext. 3297 for further information. 1 Page 1 of 1 Yadira Amarante From: John Shepherd Sent: Tuesday, November 23, 2004 2:46 PM To: Yadira Amarante Subject: RE: Yadira, You are right. I made a mistake on September 7, 2004. Unfortunately, after 60 days that mistake becomes final. Good catch on your part. Humbly Yours, John From: Yadira Amarante Sent: Tuesday, November 23, 2004 12:01 PM IF;, To: John Shepherd Sc Subject: To: Hi John, Su. I'm reviewing a plat for Patty and Bill and was researching development rights and something on their plat didn't seem right (they are allotting 2 drs to the Albemarle House tract (102-35). Anyway, I looked back at the plat you reference in your letter, the one recorded in DB 1105, P 185 and I see that the Albemarle House tract transferred 0.4634 acres to the Golf Course tract and thereby losing a kernel (4.1508 - .4634 = 3.6874). How can the Albemarle House tract have 2 development rights? Yadira G.Amarante,Senior Planner County of Albemarle Department of Community Development Division of Zoning and Current Development 401 McIntire Road Charlottesville,VA 22902-4596 yarnarant@albemarle.org (434)296-5832,phone (434)972-4126,fax 11/23/2004 Ch'cklist for Maintenance �reements File# sc,6 o 4 " 31 Z Project Name: L 6) A W'9/ Sec. 14-313 Instrument evidencing maintenance of certain improvements. If the subdivision will contain one(1)or more private roads, alleys,or any water system, sewerage system, stormwater management facility,open space,common area, street or road sign,or other improvement, individually and collectively referred to herein as the"improvement,"which are not to be maintained by the county or any authority or other public agency,the subdivider shall submit with the final plat an instrument evidencing the continuing maintenance of the improvement, as provided herein: A. The instrument shall,at a minimum: Comments _ (i)have a statement that the improvement shall be U maintained in perpetuity to assure that it remains in substantially the condition it was in when approved by the county; (ii)identify the standard to which the improvement U 81 be maintained; (iii) identify the timing or conditions warranting ❑ intenance of the improvement; (iv) state a means to collect debt; U --•U (v) state a method for prorating expenses among the ❑ lot owners, including if and when there is further division of any dot or the number of units per lot increases; (vi)have a statement that no public agency, including U the Virginia Department of Transportation and the county, will be responsible for maintaining the improvement;and L (vii)identify the plat to which the instrument applies. ❑ B. If the instrument pertains to the maintenance of one or more private roads or alleys,it shall contain,in addition to the contents required by paragraph(A), e( a statement that for purposes of the instrument, U maintenance shall include maintenance of the roads,alleys, curbs, gutters,drainage facilities,utilities or other road improvements, and the prompt removal of snow,water, V " debris,or any other obstruction so as to keep the road or alley reasonably open for usage by all vehicles, including 0-A) emergency services vehicles. ` 1'� 1 '6 c. The instrument shall be subject to review and LOs\' �� Wa proval by the county attorney andv shall be in a form and style so that it may be recorded in U the office of the clerk of the circuit court of the county. Document prepared by: ` LeClair Ryan 123 East Main Street 8'h Floor Charlottesville,Virginia 22902 Tax Map 102,Parcel 35A,T.M.103,Parcel 1B DECLARATION OF PRIVATE ROAD MAINTENANCE AGREEMENT The PRIVATE ROAD MAINTENANCE AGREEMENT(hereinafter, the "Agreement") is made this 1st day of June, 2005,by KLUGE ESTATE WINERY & VINEYARD,L.L.C., a Virginia limited liability company, (hereinafter, the "Declarant'), whose address is address is 3414 Ellerslie Drive, Charlottesville, Virginia 22902. RECITALS: R-1. The Declarant is the owner of parcels of land known as Albemarle County Tax Map 102,Parcel 35A and 103, Parcel 1B, (the"Property"), pursuant to the plat attached herewith. R-2. The Property has been subdivided by the Declarant, pursuant to a Plat Showing Redivision of Tax Map 102, Parcel 35A, Tax Map 103, Parcel 1B and Tax Map 103, Parcel 1 E prepared by GLOECKNER ENGINEERING/SURVEYING, INC., dated t MAY 16, 2005, attached hereto and made part of this Agreement(hereinafter, the"Plat"). R-3. The access easement shown on the Plat will be a new 30 foot wide non- exclusive ingress and egress easement (hereinafter, the"Road") for the use and benefit of the Property. R-4. The Declarant shall have the right to construct the Road. NOW,THEREFORE, for and in consideration of the premises and the undertakings contained herein,the Declarant hereby declares that if Declarant constructs the Road, the owners of the Property shall be responsible for the maintenance of the Road as follows: 1. MINIMUM STANDARD: The Road shall be maintained with a minimum of a Co foot wide�base of gravel or a superior surface as agreed to in the future via (A . \ - supplemental declaration, and maintained in perpetuity to substantially the same condition as and when approved by the County. A ' 2. MAINTENANCE & REPAIRS: For the purpose of this declaration, "maintenance"and "repair"shall include not only maintenance of the Road,but also any curbs, gutters, drainage facilities,utilities or other road improvements, and the prompt removal of snow, water, debris, or any other obstruction so as to keep the Road reasonably open for usage by all vehicles, including emergency services vehicles, except in severe temporary weather conditions. 3. COST OF MAINTENANCE: The owners of the Property shall b responsible for the cost of the maintenance of and repair to the Road, should said Road be built, from State Route 727, Blenheim Road, to the Property. Any further division of the Property ,• Document prepared by: • LeClair Ryan 123 East Main Street 8th Floor Charlottesville,Virginia 22902 Tax Map 102,Parcel 35A,T.M.103,Parcel l B shall require the reassessment of cost to be equally shared by all owners using the Road. , THE COSTS OF MAINTENANCE, REPAIR, UPKEEP, IMPROVEMENT OR V REPLACEMENT OF THE ROAD WILL NOT BE BORNE BY THE COUNTY OF / ALBEMARLE,THE COMMONWEALTH OF VIRGINIA, OR ANY OTHER PUBLIC AGENCY. 4. WHEN TO MAINTAIN: After the initial construction of the Road, any further construction,maintenance or repair shall be undertaken only with the mutual consent of all owners of the Property provided that in the event that one of the owners determines r that the road is not reasonably open for usage or reasonably passable by passenger vehicles, except in severe temporary weather conditions and such owner gives 30 days prior written notice to all other owners of the Property, such owner may commence or contract for maintenance or repair to bring the Road to the minimum standard and the charges therefore shall be the responsibility of all owners of the Property. 5. DEFAULTING OWNER(S): If any owner shall fail to pay its proportionate share of the costs of maintenance or repair, as provided herein, then any other owner not in - default,may, after 30 days' written notice to the defaulting parcel owner, bring an action N• of law against each defaulting parcel owner in a court of competent jurisdiction and may record in the Clerk's Office of the Circuit Court of Albemarle County a Notice of Lien against said defaulting parcel owner to secure the payment of the assessment of a parcel failing to pay its proportional share of maintenance or repair. The amount due by any delinquent owner shall bear interest at the maximum judgment rate provided by law from the date of completion of the maintenance; and the delinquent owner shall be liable to pay all costs of collection, including reasonable attorney's fees. IN WITNESS WHEREOF, the Declarant has caused this Declaration to be executed on its behalf by its duly authorized agent. KLUGE ESTATE WINERY &VINEYARD, L.L.C. BY: William J. Moses, Director COMMONWEALTH OF VIRGINIA CITY/COUNTY OF ,to-wit: The foregoing Declaration was acknowledged before me this day of , 2005,by William J. Moses, as Director of Kluge Estate Winery&Vineyard, L.L.0 Notary Public My commission expires: GLOECKNFR Ne/_S Suite AN IC. 508 Dale Ave -RUJ`u�Mn ( R AKKI ILu-lad CHARLOTTESVILLE, VA 22903 DATE j + JOB NO. (434) 971-1591 V... 2 Z 5 Od -oo4-o I FAX (434) 293-7612 ATTENTION t TO iAlZ)le AMA RANT RE: KL,)GE f O e Cur T"/ ®" AL'e AI LL �� NA1_ WE ARE SENDING YOU 3/Attached ❑ Under separate cover via _ the following items: ❑ Shop drawings ❑ Prints ❑ Plans ❑ Samples ❑ Specifications ❑ Copy of letter ❑ Change order ❑ COPIES DATE NO. DESCRIPTION 'L S/ GA i. I5t+v ErL t AE Cop iils 6V -A Li.-- .R15-\,/‘"s v c=s)f4,- '-- F-Q't)t_t?4U-tTh 5E5i arivirE. JUN 02 2005 THESE ARE TRANSMITTED as checked below: ❑ For approval ❑ Approved as submitted G°N1 -Resubmit copies for approval Lor your use ❑ Approved as noted ❑ Submit copies for distribution ❑ As requested ❑ Returned for corrections ❑ Return corrected prints > ❑ For review and comment ❑ ❑ FOR BIDS DUE ❑ PRINTS RETURNED AFTER LOAN TO US REMARKS (i4 /l�1 - 4,k...is v xJt NI `I�D?41� A C-yR��4T 10 EN T� t)t-s i AG -LA-T'. � ' oU -Ft Tit) 1EVCrr 114C7 - hi. i r : sr . \ ' �► • tUi _2 u �� ..6 ' NMI:. i .. . .. �' r �...a ' N K -Fo Q2 'co01 - . c.t.-c' vk) t5 1 / e � - Y COPY TO KATs Al.-e:•" c A WI' i �t\..'� SIGNED: M . �t..[�Ct< _ If enclosures are not as noted,kindly notify us at once. p k,,, Page 1 of 1 • Yadira Amarante From: Yadira Amarante Sent: Wednesday, May 25, 2005 10:57 AM To: 'gloecknerkevin@earthlink.net' Subject: Comments for Albemarle Farms boundary line adjustment Hi Kevin — would you pass this on to Kurt please? Thanks. Yadira O.Amarante,Senior Planner County of Albemarle Department of Community Development Division of Zoning and Current Development 401 McIntire Road Charlottesville, VA 22902-4596 Fr{ yamarant@albemar►e.org Ser (434)296-5832,phone (434)972-4126,fax To. Sub' No virus found in this outgoing message. Checked by AVG Anti-Virus. Version: 7.0.322/Virus Database:266.11.16-Release Date: 5/24/2005 5/25/2005 of ALg� ®rraii11$11- _ `IRGn** County of Albemarle Department of Community Development Memorandum To: Kurt Gloeckner From: Yadira Amarante, Senior Planner Division: Current Development Date: May 24, 2005 Subject: SUB 04-312—Kluge Rural Division (Revised 5/16/05) The County of Albemarle Department of Planning will grant approval of the Final Subdivision plat referred to above once the following comments have been addressed: [Each comment is preceded by the applicable reference, which is to the Subdivision/Zoning Ordinances unless otherwise specified.] 1. [14.302.0] Revise development right note #1 to state: "New TMP 102-35A retains 10 development rights. Five (5)within the boundaries of old TMP 103-1B and five (5) within the boundaries of old TMP 102-35A."And then show those old boundaries and label appropriately (labeled like on the 9/19/00 plat we reviewed and approved). 2. [14.302.0] Revise development right note #5 to state: "New TMP 102-35 retains 2 development rights. When used they must be used within the old boundaries of TM 102-35." And then show those old boundaries and label appropriately. 3. [14.302.0] Delete development right notes #2 and#3 and add the following: "New TMP 103- 1B retains 0 development rights and cannot be further divided into lots less than 21 acres in size." --- A. [14.303.D] The acreage tables are still very confusing. It hurts my head. I think you are over- thinking it. There are only 4 parcels being affected by this plat so we only need 4 tables. See if this works: TMP 103-1B 97.67 acres (C)to 102-35A <1.38> (A) to 102-35A <0.57> (B) to 103-1E <0.05> (E) to 103-1E <0.79> (H) to 102-35 <2.15> (correction) to 103-1E<7.13> New TMP 103-1B 85.65 acres 1 TMP 102-35A 165.13 acres (G) to 102-35 <6.94> (J) to 102-35 <78.99> ***Parcel J is showing the wrong acreage on the plat (A) from 103-1B 0.57 (C) from 103-1B 1.38 New TMP 102-35A 81.15 acres TMP 102-35 9.90 acres (J) from 102-35A 78.99 (G) from 102-35A 6.94 (H) from 103-1B 2.15 New TMP 102-35 97.98 acres TMP 103-1E 327.73 acres ****This parcel should now be included (B) from 103-1 B 0.05 (E) from 103-1 B 0.79 (correction) from 103-1B 7.13 New TMP 103-1E 335.70 acres ****This is my best guess • 5. [14.303.E] A portion of the new 30' easement is already existing. For that portion that is existing call it existing and provide the DB/P reference where it was recorded. For that portion which is new, label it as such. For that portion of the existing easement which will be vacated state that it is "hereby vacated." 6. [14.303.0] In the signature panels show which entity owns which TMP. 7. [14.313] Provide a road maintenance agreement for the new private road. 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V .7. . 4/;-4.1 ./ . ../..- N �_`.�/ 1 % \ \ Ji ),[ \\ \ �L / • 1� \.o. s y 4, • • n N 1, \or V • 1 % �(��`— \ xl \% [ e: ,,. N. / \ /_-_.:::;1-.--; . akii\ , . • 1)t /2 / ,\ leg/. , t„ =,za� \ �- r• .\ .;;\s.$1.. ........). it I till! \� ! / \\ \I lh \ ! ! /` , `1T \•` �`IC`��5. •'4' \'. •\. 113 114 �a.L..at, ,� ' f'TION 102. .S"4. SCOTTSVILLE, DISTRICT f• •--- - �- SCOTTSVI..LE DISTRICT SECTION 103