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HomeMy WebLinkAboutLOD200400012 Legacy Document 2014-03-13COUNTY OF ALBEMARLE Department of Community Development 401 McIntire Road, Room 227 Charlottesville, Virginia 22902-4596 Phone (434) 296-5832 Fax (434) 972-4126 July 14, 2004. Tom Lincoln 671 Berkmar Circle Charlottesville, VA 22901 RE: OFFICIAL DETERMINATION OF DEVELOPMENT RIGHTS - Tax Map 81, Parcel 11 (Property of Wood Bound Farm Land Trust) Section 10.3.1 Dear Mr. Lincoln: The County Attorney and I have reviewed the title information for the above -noted property. It is the County Attorney's advisory opinion and my official determination that Tax Map 81, Parcel 11 contains five (5) development rights. The basis for this determination is provided below. This determination begins with Deed Book 144, page 479. This deed, dated February 11, 1911, conveyed 574 59%160 acres from Charles S. Bowcock and Anna G. Bowcock to L. F. Bower. The property is shown on a plat that is attached to the deed. This is a portion of the property known as Woodbound Farm and was conveyed by L. F. Bower to Joseph F. Musselman and Susan Musselman by the deed dated September 1, 1924 and recorded in Deed Book 189, page 137. The farm also contained a 22 -acre tract that is shown on a plat recorded in Deed book 189, page 596 and a 65 13/160 -acre tract that. is shown on a plat recorded in Deed Book 144, page 159. The remainders of these three tracts were conveyed to Robert Musselman by. the will of Susan Musselman recorded in Will Book 44, page 24 and probated on December 5, 1967. The locations of these three tracts are sketched on the tax map that is attached to this determination. Tax Map 81, Parcel 11 is the remainder of the 574 59/160 -acre tract after the following off conveyances: Deed Book 268, page 419, dated April 26, 1946, conveyed 0.26 acres from Susan M. Musselman to the C&O Railroad. I:\DEMBUS\Determin of Parce1\81-11 Musselman.doc Tom Lincoln July 14, 2004 Page 2 Deed Book 386, page 511, dated September 20, 1962 conveyed a strip of land to widen Route 799 from Susan M. Musselman to the Commonwealth of Virginia. Deed Book 400, page 598, dated August 29, 1964 conveyed 1.33 acres from Susan M. Musselman to Robert A. Dollins. This is Parcel 11 B on Tax Map 81. Deed Book 413, page 401, dated December 3, 1965, conveyed 6.96 acres from Susan M. Musselman to D. Cary Jackson. This tract was later shown as being part of Parcel 19 on Tax Map 81. Deed Book 468, page 180, dated September 1, 1969, conveyed 10 acres from Robert M. Musselman and Carolyn C. Musselman to Francis R. Lindsay and Judith Lindsay. This is Parcel 11 D on Tax Map 81. Deed Book 614, page 135, dated February 5, 1977 conveyed Parcel 11 D from Francis R. Lindsay and Judith Lindsay to David G. Sutton and Elizabeth K- Sutton. The parcel is described as being the same that was conveyed by the deed recorded in Deed Book 468, page 180. This transaction had no effect on the legal status of the parcel. Deed Book 533, page 583, dated July 27, 1973, conveyed 10.019 acres from Robert M. Musselman and Carolyn C. Musselman to Harold R. Bailes and Carolyn B. Bailes. This is Parcel 11 E on Tax Map 81. Deed Book 607, page 90, dated October 1, 1976, conveyed 5.564 acres from Robert M. Musselman and Carolyn C. Musselman to Charles V. Bosley and Mary N. Bosley. This is Parcel 11 F on Tax Map 81. Deed Book 622, page 457, dated June 10, 1977, conveyed 5.345 acres from Robert M. Musselman and Carolyn C. Musselman to David W. Wheeler. This is Parcel 11 G on Tax Map 81. Deed Book 624, page 455, dated June 10, 1977, conveyed 7.055 acres from Robert M. Musselman and Carolyn C. Musselman to Frank C. and Claudia G. Mohler. This is Parcel 11 H on Tax Map 81. Deed Book 691, page 550, dated April 1, 1980, conveyed 23.35 acres from Robert M. Musselman and Carolyn C. Musselman to William J. Berman and Margaret S. Berman. The 23.35 -acre parcel is shown on a plat by R.O. Snow dated February 19, 1980. This the creation of the 23.35 -acre parcel was to physically divide the residue of parcel I:\DEPT\BCZS\Determin of Parcel\81-11 Musselman.doc 0 Tom Lincoln July 14, 2004 Page 3 11 into two separate areas. It is determined that the mere physical separation of the residue did not constitute a subdivision of the tract into two separate legal parcels. The plat indicates the northeastern portion of the residue contained 467 acres and the southwestern portion of the residue contained 96 acres. The 96 - acre portion includes approximately 39 acres that are a part of the original 65 13/160 -acre parcel shown on the plat recorded in Deed Book 144, page 159. Deed Book 698, page 235, dated July 7, 1980, conveyed 7.306 acres from Robert M. Musselman and Carolyn C. Musselman to William Frampton and Ellen G. Frampton. The property is described as being a small portion of Woodbound Farm devised to Robert M. Musselman by the will recorded in Will Book 44, page 24. A plat by William S. Roudabush, titled "Plat Showing Survey of 7.306 Acres, a Portion of Parcel 11, Tax Map 81 To Be Added To and Become Part of 45.25 -acre Tract Consisting a Portion of Parcels 18, 19, 20, & 11 C, Tax Map 81." There is no mention of the acreage of the residue resulting from this transaction on the plat. As a result of this transaction,., the residue retained five development rights. The most recent deed for the Parcel 11 recorded prior to the adoption of the ordinance, December 10, 1980 is recorded in Deed Book 706, page 379, dated December 9, 1980 and recorded on December 10, 1980 at 1:30 P.M. This deed conveyed 7.11 acres from Robert M. Musselman and Carolyn C. Musselman to William Joseph Berman and Margaret Susane Berman. The property is further described on a plat by R. O. Snow and R. W. Ray that is attached to the deed. The plat carries this note, "The 7.11 acres of land is not to become an individual parcel of land, but it is to be added to the existing 23.35 acres (Parcel 11 J) of W. Joseph & Margaret S. Berman totaling 30.46 acres in one parcel." The plat notes that the residue contains 88.89 acres. This 88.89 acre portion of the residue is comprised of approximately 39 acres from the original 65 13/160 tract and approximately 57 acres from the original 574 59/160 -acre parcel. On the basis of this plat, the residue of the original 574 59/160 -acre parcel is determined to be a parcel of record with five development rights. This parcel consisted of a southwestern portion containing 88.89 acres and a northeastern portion containing 459.694 acres. Deed Book 707, page 512 dated December 1, 1980 and recorded on December 30, 1980, conveyed two tracts totaling 7.326 acres from Robert M. Musselman and Carolyn C. Musselman to David G. Sutton and Elizabeth H. Sutton. The property is further described on a plat by R. O. Snow and Associates that is attached to the deed. Parcel X contains 1.926 acres and Parcel Y contains 5.39 acres. The plat carries this note, "Parcel X & Y are not to become individual lots, but are to be added to Sutton's property, (Parcel -1-1-D) making a -total -area -l -6:780 -acres -in -said -Sutton -tract." The -plat— also shows the conveyance of Parcel Z from the Sutton tract to the Berman tract (Parcel I:\DEPT\BCZS\Determin of Parce1\81-11Musselman.doc 0 Tom Lincoln July 14, 2004 Page 4 11 J) and includes this note: "Parcel Z is not to become an individual lot, but is to be combined with Berman property as indicated hereon." The plat shows that the Berman tract contains 23.896 acres. There is no mention of the acreage of the residue resulting from this transaction. As a result of this transaction, the residue of Parcel 11 contained five development rights. Deed Book 739, page 651, dated June 1, 1982, conveyed 21.83 acres from Robert M. Musselman and Carolyn C. Musselman to Robert A. Wilson and Elizabeth K. Wilson. The property is shown on a plat by R. O. Snow & R. W. Ray, Inc. The 21.83 -acre tract was added to the 7.055 -acre lot that was created by the plat recorded in Deed Book 624, page 457 (Parcel 11 H). No development rights were conveyed with the 21.83- acre parcel. The plat notes that the residue contains 67.03 acres. As a result of this transaction, the residue of Parcel 11 retained its five development rights. The southwestern portion contained a of 67.03 acres. Deed Book 1021, page 695, dated October 26, 1988 contains a Deed of Correction,: between Robert A. Wilson & Elizabeth K. Wilson and Mark R. Wilson & Stephanie Combs Wilson. The purpose of this deed was to separate Parcel 11 H into its original parts as a family division. The deed contains a compiled plat by R.O. Snow, Inc. showing two parcels; one containing 21.83 (Parcel 11 H) and the other containing 7.055 acres (Parcel 111-11). This transaction had no effect on the residue of Parcel 11. Deed Book 1453, page 261, dated January 31, 1995 conveyed 31.86 acres from Robert M. Musselman and Carolyn C. Musselman to Mark R. Wilson and Stephanie C. Wilson. The parcel is shown on a plat by Roger Ray that is dated January 12, 1995.The plat notes that the 31.86 -acre tract may not be further divided and that the residue of Parcel 11 retains all development rights. Also, the plat notes the residue contains 418.795 acres. This is Parcel 11 K on Tax Map 81. As a result of this transaction, the residue of Parcel 11 retained its five development rights. The northeastern portion of the residue contained 418.795 acres. This plat also combined a portion of Parcel 11 containing 51 acres with Tax Map 94, Parcel 37. Approximately 38.88 acrgs of this tract is the remainder of the 65 13/160 (65.08) conveyed to Joseph Musselman by the deed recorded inn Deed Book 189, page 596 after the conveyance of 12.02 acres to the Commonwealth of Virginia recorded in Deed Book 427, page 294 and the conveyance of 14.18 acres to Robert P. Boyle recorded in Deed Book 537, page 548. Approximately 12.12 acres of the 51 -acre tract is a portion of the southeastern residue of Parcel 11 The plat notes that five development rights are being transferred with the 51 acres to Tax Map 94, Parcel 37. the residue of Parcel 11 and the entire remainder of the original 65 13/160 -acre [:\DEP-MCMDetermin of Parce1\81-11 Musselman.doc C J� Tom Lincoln July 14, 2004 Page 5 tract. The plat references both of the original plats for these parcels. The five development rights that were transferred with the 51 acres are derived from the residue of the 65.8 acre parcel shown on the plat recorded in Deed Book 144, page 159. As a result of this transaction, the residue of Parcel 11 contained 418.795 acres and five development rights. Deed Book 1777, page 338 conveyed the remainder of three parcels of land, known as Woodbound Farm from Robert M. Musselman and Carolyn C. Musselman to Robert M. Musselman and Carolyn C. Musselman, Trustees of the Woodbound Farm Land Trust. This transaction had no effect on the legal status or development rights of the parcels. Deed Book 1846, page 196, dated August 3, 1999, conveyed 6.43 acres from Woodbound Farm Land Trust to Mark R. Wilson and Stephanie C. Wilson. A plat by Roger W. Ray and Associates dated May 17, 1999 is attached to the deed showing that the 6.43 acre tract is transferred from Parcel 11 to Parcel 11 K. The deed carries -a note stating that the residue of Parcel 11 retains all five development rights. The plat notes that the residue of Parcel 11 contains 412.36 acres. As a result of this transaction the residue of Parcel 11 contained 412.36 acres and five development rights. Deed Book 1948, Page 690, dated August 10, 2000, conveyed 15.417 acres from Woodbound Farm Land Trust to Janet S. Hayden, a/k/a Janet Mathews. The property is shown on a plat by Thomas B. Lincoln, revised on February 28, 2000. The plat shows Parcel X, a portion of Parcel 11 containing 15.417 acres being added to Parcel 11 D. The plat notes that Tax Map 81, parcel 11 is to retain all division rights. No division rights are transferred with this plat. The residue of Parcel 11 is shown to be 403.373 acres. As a result of this transaction the northeastern residue contained 403.373 acres and retained five development rights. The County's records indicate the parcel contains 396.948 acres. This discrepancy is not explained. This parcel is 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 Zoriing-Administrator- and the Board of Zoning Appeals a notice of appeal which specifies the grounds for the I:\DEPT\BCZS\Determin of Parce1\81-11Musselman.doc J Tom Lincoln July 14, 2004 Page 6 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 Enclosure: Copies: Gay Carver, Real Estate Supervisor Reading Files Woodbound Farm Land Trust; Robert M. Musselman and Carolyn C. Musselman Trustees P.O. Box 254 Charlottesville, VA 22902 I:\DEMBOMDetermin of Parce1\81-11 Musselman.doc