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Home My WebLink AboutLOD200500050 Legacy Document 2014-03-17C- . O IF �'IRGII�1P COUNTY OF ALBEMARLE Department of Community Development 401 McIntire Road, Room 227 Charlottesville, Virginia 22902-4596 Phone (434) 296-5832 Fax (434) 972-4126 December 28, 2005 George McCallum, III McCalllum & Kudravetz, P.C. 250 East High Street Charlottesville, VA 22902 RE: OFFICIAL DETERMINATION OF DEVELOPMENT RIGHTS -- Tax Map 49, Parcels 18 & 18B (Property of Route 231, LLC) Section 10.3.1 Dear Mr. McCallum: 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 49, Parcel 18 has zero development rights and Tax Map 49, Parcel 18B has five (5) theoretical development rights. The basis for this determination follows. Our records indicate Tax Map 49, Parcel 18 contains 286.863 acres and 4 dwellings. The property is not in an Agricultural and Forestal District. The most recent recorded instrument for this property is recorded in Deed Book 3010, page 586. Ourrzrecords indicate Tax Map 49, Parcel 18B contains 891.679 acres and no dwellings. The property is not in an Agricultural and Forestal District. The most recent recorded instrument for this property is recorded in Deed Book 3010, page 586. This analysis begins with the deed of record Deed Book 275, page 244 that is dated August 14, 1947. The deed conveyed 1,183 acres from David J. Wood and George M. Coles, Special Commissioners, to Clark J. Lawrence and Eleanor B. Lawrence. The property is shown on a plat by Hugh F. Simms and Son, C.L. Surveyors that is dated July 1947. Deed Book 292, page 331, dated November 9, 1950, conveyed 42.5 acres from Clark J. Lawrence and Eleanor B. Lawrence to Justine D. Ferguson. The tract is shown on a plat by O. R. Randolph, Engineer, dated October 6, 1950. The tract is further described as being a portion of the tract conveyed by the deed of record in Deed Book 275, page 244. This deed established the 42.5 -acre tract and the residue of the 1,183 -acre tract as parcels of record in accord with Section 10.3 of the Zoning Ordinance. I:\DEPTOUS\Determin of Parcel\2005\49-18 & 18B Route 231 LLC.doc George McCallum, III 0 December 28, 2005 Page 2 Deed Book 307, page 364, dated July 21, 1953, conveyed 42.5 acres from Justine D. Mayo, formerly Justine D. Ferguson and Joseph Mayo to Clark J. Lawrence and Eleanor B. Lawrence. The parcel is described as being the same that was conveyed by the deed of record in Deed Book 292, page 331. This transaction had no effect on the status as of Parcel 18 or Parcel 18B parcels of record. Deed Book 320, page 501, dated June 30, 1955, conveyed 1,183 acres from Clark J. Lawrence and Eleanor B. Lawrence as tenants by the entireties to themselves as tenants in common. 1. The deed notes that Clark J. Lawrence and Eleanor B. Lawrence now hold the entire estate as originally conveyed to them by the deed dated August 14, 1947. 2. The deed notes that the parcel is described as being the same that was conveyed by the deed of record in Deed Book 275, page 244. The plat by Hugh F. Simms and Son that showed the property as a single parcel was attached to this deed. 3. The deed notes that the desire of Clark J. Lawrence and Eleanor B. Lawrence is only the change of tenancy. On the basis of the above first and second recitals and in spite of the third recital it is determined that this deed recombined the 42.5 -acre parcel with the residue of the 1.183 -acre tract into a single parcel. As a result, the 1,183 parcel is a single parcel of record. Deed Book 491, page 446, dated June 8, 1971 conveyed 1.9 acres from Eleanor B. Lawrence to the Commonwealth of Virginia. This transaction reduced the acreage of the parcels but had no effect on the development rights of Parcel 18 or Parcel 18B.' The most recent instrument for this parcel recorded prior to the adoption of the Zoning Ordinance, December 10, 1980 is recorded in Deed Book 507, page 36 and is dated May 15, 1979. The deed conveyed 1,183 acres from Eleanore B. Lawrence to Audrey L. Bird. The property, known as Castle Hill, is described by reference to a plat by Hugh F. Simms and Son, C.L.S., dated July 19, 1947, recorded in Deed Book 275, page 246. There is no reference to the 42.5 acre parcel. On the basis of this deed the 1,183 +/- acre tract is determined to be a single parcel of record with five (5) development rights. Deed Book 903, page 431, dated October 2, 1986, conveyed 286.863 acres from Audrey L. Bird to Russell B. Pace, Jr. The parcel is designated as "Parcel 'A' House Tract" on a plat by Roudabush, Greene & Gale, Inc., Engineers and Surveyors, dated September 29, 1986. The deed notes that this is a portion of the property conveyed by the deed of record in Deed Book 507, page 36. I:\DEPTOUS\Determin of Parcel\2005\49-18 & 18B Route 231 LLC.doc George McCallum, III December 28, 2005 Page 3 "The 5 division rights with Parcel 18A (The former 42.5 -acre parcel) are to be used within the boundaries of 18A. No rights are to be transferred onto that part of Parcel 'A' lying outside the boundary of 18A." The 5 division rights with Parcel 18 are retained in "Parcel 'B' Farm Tract." In spite of the noted development rights and based on Deed Book 320, page 501 and Deed Book 507, page 36 it is determined that Parcel `B', now designated as Parcel 18B on Tax Map 49 has five (5) development rights. Parcel `A', now designated as parcel 18 on Tax Map 49 has zero development rights. Deed Book 903, page 439, dated October 2, 1986, conveyed 891.679 acres from Audrey L. Bird to Russell B. Pace, Jr. The parcel is designated as Parcel 'B' Farm Tract on a plat by Roudabush, Greene & Gale, Inc., Engineers and Surveyors, attached to a deed dated October 2, 1986. The deed notes that this is a portion of the property conveyed by the deed of record in Deed Book 507, page 36. This transaction had no effect on the development rights of Parcel 18B. Deed Book 1185, page 195, dated October 28, 1991, conveyed 2 tracts from Russell B. Pace, Jr. and Margaret A. Pace to Gary B. Lieberthal and Ann Abernathy Lieberthal. Parcel One, containing 286.863 acres, is described as being the same parcel that was conveyed by the deed of record in Deed Book 903, page 431. Parcel Two, containing 891.679 acres, is described as being the same parcel that was conveyed by the deed of record in Deed Book 903, page 439. This transaction had no effect on the development rights of Parcel 18 or Parcel 18B. Deed Book 1307, page 317, dated April 22, 1993, conveyed 2 tracts from Gary B. Lieberthal and Ann Abernathy Lieberthal to Gary B. Lieberthal. The tracts are described as being the same two Parcels that were conveyed by the deed of record in Deed Book 1185, page 195. This transaction had no effect on the development rights of Parcel 18 or Parcel 18B. Deed Book 1614, page 259, dated May 21, 1997 conveyed 2 tracts from Gary B. Lieberthal to Gardner B. Larned and Jane V. Larned. The tracts are described as being the same two Parcels that were conveyed by the deed of record in Deed Book 1307, page 317. This transaction had no effect on the development rights of Parcel 18 or Parcel 18B. Deed Book 1701, page 366, dated May 6, 1998 conveyed 286.863 acres from Gardner B. Larned and Jane V. Larned to Castle Hill Properties I, LLC. The tract is described "Parcel 'A' House Tract" on the plat of record in Deed Book 903, page 433. The Grantors also conveyed 891.679 acres to Castle Hill Properties II, LLC. The tract is described "Parcel 'B' Farm Tract" on the plat. The deed notes that both of these properties were conveyed by the deed of record in Deed Book 1614, page 259. This transaction had no effect on the development rights of Parcel 18 or Parcel 18B. I:\DEPT\BCZS\Determin of Parcel\2005\49-18 & 18B Route 231 LLC.doc George McCallum, III C `J December 28, 2005 Page 4 Deed Book 3010, page 586, dated June 22, 2005 4 parcels from Castle Hill Properties I, LLC, First Grantor and Castle Hill Properties II, LLC, Second Grantor to Route 231, LLC. The property is described on Schedule A and Schedule B. Schedule A contained the parcel containing 286.863 acres, designated as "Parcel 'A' House Tract" on the plat recorded in Deed Book 903, page 433. Schedule B included the parcel containing . 891.679 acres, designated as "Parcel 'B' Farm Tract" on the plat recorded in Deed Book 903, page 433. Both of these parcels are further described by reference to the deed of record in Deed Book 1701, page 366. This transaction had no effect on the development rights of Parcel 18 or Parcel 18B. The parcel is entitled to the noted development rights if all other applicable regulations can be met. These development rights may only be utilized within the bounds of the original parcel with which they are associated. 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 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. 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 Copy: Gay Carver, Real Estate Supervisor TM/P ACREAGE DEVELOPMENT RIGHTS DIVISION RIGHTS @ 21 ACRES(POTE 49-18 286.863 0 13 49-18B 891.679 5 41 Total 1,178.542 5 54* *If Parcels 18 and 18B were recombined, the parcel would have five development rights and 55 potential division rights. (1,178 — 10 = 1,168 / 21 = 55.6) I:\DEFRBCZS\Determin of Parcel\2005\49-18 & 18B Route 231 LLC.doc