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Home My WebLink AboutLOD200400008 Legacy Document 2014-03-13LECLAI R RYAN A Professional Corporation 123 East Main Street 8th Floor Charlottesville, Virginia 22902 434.245.3444 J March 11, 2004 Mr. John Shepherd Manager of Zoning Administration Department of Building Code and Zoning Services County of Albemarle 401 McIntire Road Charlottesville, Virginia 22902 ATTORNEYS AT LAW TARA ROWAN BOYD tb oyd @leclairryan. com Direct Dial: 434.245.3429 Direct Pax: 434.245.3459 Re: Division rights determination for 250 acres off of State Route 667 (Albermarle County Tax Map 17, Parcels 22A, 22E and 22F) Dear Mr. Shepherd: This is to request a Division Rights Determination for the referenced parcels, all of which are zoned Rural Areas. Enclosed please find the request form, together with a check for the $40.00 processing fee and copies of the referenced documents. Following is my calculation of the property's development rights, which I would like you to verify. TMP 17-22A and portion of TMP 17-35D; 232.06 acres. This parcel supports one dwelling and is in land use. Prior to December 10, 1980, the property was a single parcel owned by Roy L. Bailey by instrument dated December 16, 1975 and recorded in Deed Boole 587, page 56. In 1985, the then -owner transferred 18.186 acres to the Rivanna Water and Sewer Authority (RWSA), along with several easements, as part of the Buck Mowitain Reservoir acquisition process (described as "Parcel I," Deed Book 864, page 32f The plat of the transferred property (Deed Boole 864, page 35) did not note whether development rights followed the transferred property. We would therefore submit that this conveyance represented a boundary adjustment with the Buck Mountain Reservoir tract rather than a division of the grantor's property, so that no development rights were used for this transfer. The property was transferred to Pormas A. Saunders, III by deed dated February 19, 1997 and recorded at Deed Book 1597, page 38, then to its present owner by deed dated January 9, 2002 aria recorded at Deegook 2160, page 330" The most recent transfer affecting this parcel (Deed Boole 2682, page 73) attached a 7.74 -acre strip of land from TMP 17-35D to the parcel, bringing the total acreage to 232.06 acres. The plat of that strip noted that no development rights followed the strip to accrue to 17-22A. Therefore, this property presently retains only its original five development rights. TMP 17-22E; 5.91 acres. This parcel is in land use and unimproved. Prior to December 10, 1980, the property was part of an undivided, 133.89 -acre parcel owned by Roy L. Bailey by Deed of Gift dated October 8, 1976 and recorded at Deed Book 607, page 100'.' In December of 1985, by deed Alexandria • Blacksburg • Charlottesville • Glen Allen • Norfolk • Richmond • Roanoke • Washington DC www.leclairryan.com Mr. Joluz,Shepherd Department of Building Code and Zoning Services March 11, 2004 Page 2 of 2 recorded at Deed Book 864, page 32�Mr. Bailey conveyed a 24.507 -acre swath of the property described as "Parcel II" to RWSA for the reservoir, severing a 5.91 -acre parcel from the remainder of the property. The dividing transfer is depicted on a plat recorded with the deed at Deed Book 864, page 36, which does not note where the parcel's development rights went. Because this residue parcel contains less than 21 acres, it would logically possess at least one, but no more than two, of the original parcel's development rights. By deed dated February 19, 1997, and recorded at Deed Book 1597, page 38, Mr. Bailey conveyed the 5.91 -acre parcel to Thomas A. Saunders, III. The property was transferred to its current owner by deed dated January 9, 2002, and recorded at Deed Book 2160, page 330. On the conservative assumption that only one development right stayed with the 5.91 -acre residue after the division by RWSA, this property presently contains one development right. TMP 17-22F; 12.03 acres. Like its neighbor, this parcel also is in land use and unimproved. Prior to December 10, 1980, the property was part an undivided, 96.6 -acre parcel owned by Roy L. Bailey by will recorded at Will Book 62, page 640 (the property was originally transferred to the testator, Nella B. Via, by deed recorded at Deed Book 587, page 61). In December of 1985, by deed recorded at Deed Book 864, page 32, Mr. Bailey conveyed 66.016 acres described as "Parcel VI" stretching across the middle of the property to RWSA, severing a 12.03 -acre parcel from the remainder of the property. The dividing transfer is depicted on a plat recorded with the deed at Deed Book 864, page 39. Because this residue parcel contains less than 21 acres, it would logically possess at least one, and up to five, of the parcel's original development rights. By deed dated February 19, 1997, and recorded at Deed Book 1597, page 38, Mr. Bailey transferred a 12.03 -acre portion of the property to Thomas A. Saunders, III, using one development right from that parcel. The property was transferred to its current owner by deed dated January 9, 2002, and recorded at Deed Book 2160, page 330. On the conservative assumption that only one development right stayed with the 12.03 -acre residue after the division by RWSA, this property presently contains one development right. Conclusion. The parcels in question together contain up to six development rights. These development rights are retained in addition to parcels that may be divided as a matter of right within the RA zoning classification into parcels of 21 acres or more from the residue. I respectfully request your determination. Please contact me if you have firther questions regarding the subject property. truly yours Tara Rowan oyd, Esq. Enclosures C.c.: George H. Roberts, Jr., Esq. REQt O DQE RMINArflON PARCEL OF RECORD/DIVISION RIGH'T'S c� Parcel of Record $75.00 FILE #: d U Division Rights $40.00 ADMIN (WAIVED) r ecp-c j- -* )463-7 NON -DATE- � � � Id� Ck-� C J7 D ' OWNER: — , ^,��VL Name, Mariah II, LLC Address: c/o George H. Roberts, Jr., 15-E N. Randolph St., Lexington, VA 24450 Phone: 540.463.3691 APPLICANT: Name: Mariah II, LLC Address: As above Phone: CONTACT PERSON: Name- Tara Rowan Boyd, Esq. Address' 123 E. Main St. 8th Fl., CharlottesviTle, VA 22902 Phone: 434.245.3429 TAX MAP: 17 , PARCEL(S): 22A, 22E, & 22F ZONED: RA LOCATION: SR 667 ACREAGE: 250 (TOTAL)5.91 (22E CH PARCEL) NUMBER OF PARCELS: 3 12.03 (22F) J.u10V Ira is; ..� 1�;. �u� ►� 1. Tax Map page. 2. Last instrument of record (plat and/or deed) in the Clerk's Office of the Circuit Court of Albemarle County, Virginia on or prior to December 10, 1980. (Highlight or underline references to the subject property). 3. All plats and/or deeds of record after December 10, 1980, UP UNTIL THE PRESENT DATE. (Highlight or underline references to the subject property). 4. Any other pertinent information. , 5. Cover letter stating the assumed number of parcels, with explanation of same. I certify that to the best of my information, belief and professional opinion, these attachments include all pertinent plats and 4w&Aorn the Clerk's Office, as required under "submittal requirements." 3/11/04 Signature Date