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HomeMy WebLinkAboutLOD200600030 Review Comments 2014-03-20John Shepherd From: Richard Howard -Smith [rhh@fpwlaw.com] Sent: Tuesday, February 20, 2007 12:08 PM To: John Shepherd Subject: Hedgerow Development Rights determination letter John, I am belatedly following up on this matter because time is getting short for our appraisal and the CPA needs the land donation value on Hedgerow's Ragged Mountain donation to the Nature Conservancy for the 2006 corporate income tax return. If the definitive rights cannot be determined with the information you have and the new set of deeds, I propose something like this. This approach is okay with our appraiser. Can you do a letter that is "final" looking at least, but has enough conditions so you feel comfortable ? For instance, where there is a question on rights for a parcel, saying something like "Based on the information supplied by the applicant, there should be X development rights" Maybe all of the parcels could read that way. Then at the end of the letter, you might say that "the rights are determined based on the information reviewed by your office. If a development plan (or whatever they are called) is submitted for approval, your office reserves the right to review the development rights before approving any development plan." This way you are not absolutely committing to anything, but essentially giving your best guess. We are not going to appeal your determination, we just need it for our donation appraisal. There will never be any development on this property, and if not already done, the Nature Conservancy is going to further restrict it and give it to the County of Albemarle. Thanks in advance for your consideration of this request. Richard Howard -Smith Feil, Pettit & Williams, PLC 530 E. Main St. Charlottesville, VA 22902 Ph: 434-979-1400 x118 Fx: 434-977-5109 www.fpwlaw.com 1 Page 1 of 5 John Shepherd From: John Shepherd Sent: Friday, January 05, 2007 8:21 AM To: 'Richard Howard -Smith' Subject: RE: Real Estate Description Hedgerow deed Let me know if you do not have it by 8:25. From: Richard Howard -Smith [mailto:rhh@fpwlaw.com] Sent: Thursday, January 04, 2007 4:12 PM To: John Shepherd Subject: RE: Real Estate Description Hedgerow deed John, I have not received any fax. Can you check. Fax # is 977-5109 Richard Howard -Smith Feil, Pettit & Williams, PLC 530 E. Main St. Charlottesville, VA 22902 Ph: 434-979-1400 x118 Fx: 434-977-5109 www.fpwlaw.com From: John Shepherd [mailto:JSHEPHER@albemarle.org] Sent: Wednesday, January 03, 2007 8:49 AM To: Richard Howard -Smith Subject: RE: Real Estate Description Hedgerow deed Southern Title supplied several. I'll dig into to this later today and let you know. From: Richard Howard -Smith [mailto:rhh@fpwlaw.com] Sent: Wednesday, January 03, 2007 8:43 AM To: John Shepherd Subject: RE: Real Estate Description Hedgerow deed I can meet or if just a few deeds are needed, you can email me the references. If they are all in your draft letter, let me know if you have any new ones, or if you still need all that are there. Thanks. Richard Howard -Smith 530 E. Main St. Charlottesville, VA 22902 Ph: 434-979-1400 x118 3/13/2007 Page 2 of 5 Fx: 434-977-5109 www.fpwlaw.com From: John Shepherd [mailto:JSHEPHER@albemarle.org] Sent: Wednesday, January 03, 2007 8:25 AM To: Richard Howard -Smith Subject: RE: Real Estate Description Hedgerow deed Richard, I am very glad to hear that the donation was completed. As far as completing the determination, it is still necessary to supply the deeds to complete the chain. It might be good to meet once again to verify just what is needed. I am here to the end of the week. I will be gone from the 8th to the 12th and will return on the 15th. Please let me know how you intend to proceed. John From: Richard Howard -Smith [mailto:rhh@fpwlaw.com] Sent: Tuesday, January 02, 2007 5:01 PM To: John Shepherd Subject: RE: Real Estate Description Hedgerow deed Happy New Year, John. We were able to get our donation made at the last minute in 2006. We do still need a final determination letter on the division rights as soon as you are able to provide it. It is very important to the appraiser in valuing the donation to The Nature Conservancy. Thanks, Richard ORichard Howard -Smith Feil, Pettit & Williams, PLC 530 E. Main St. Charlottesville, VA 22902 Ph: 434-979-1400 x118 Fx: 434-977-5109 www.fpwlaw.com From: John Shepherd [mailto:JSHEPHER@albemarle.org] Sent--.ViWednes ay, December Z0 2006--8:1.8 AIV1 To: Richard Howard -Smith Subject: RE: Real Estate Description Hedgerow deed 3/13/2007 I;�I Page 3 of 5 Here is a preliminary analysis of the development rights associated with these parcels. As we have discussed, I will prepare an official determination when I have a complete application. Let me know if this is sufficient for your purposes at this time. T.M. 75 - 2: This parcel, containing 144.38' acres, is designated as Tract A on a plat by Gloeckner Engineering, recorded in D.B. 3291/663. The plat notes that Tract A retains 1 development right. I assume that is correct. T.M. 75 - 2C: This parcel, containing 29.2 acres, is shown on the 1979 tax map as it is shown on the current tax map. This suggests that it may be a parcel of record with 5 development rights. Southern Title did not find a plat of record for this parcel. The research of Southern Title indicates that this parcel may be comprised of 2 separate parcels, one containing 21.6 acres and the other containing 7.6 acres based on several deeds including, most recently, D.B. 241/564. If that can be demonstrated by the deeds in the chain, the 21.6 acre parcel would have 5 development rights and the 7.6 -acre parcel would have 3 development rights. T.M. 75 — 11: This parcel, containing 36.5 acres, is shown on a 1904 plat in D.B. 132/39. This established the parcel as a parcel of record. The research of Southern Title does not indicate any change to the parcel. This suggests the parcel has 5 development rights. T.M. 75 — 46: This parcel, containing 51.070 aces, is shown on a 1956 plat in D.B. 526/39. This established the parcel as a parcel of record. The research of Southern Title does not indicate any change to the parcel. This suggests the parcel has 5 development rights. T.M. 75 — 47: This parcel, containing 21.045 aces, is shown on the 1979 tax map almost as it is shown on the current tax map. This suggests that this may be a parcel of record with 5 development rights. However, the information submitted with the parcel determination application does not confirm this finding. There are indications that this parcel may have been physically but not legally separated by Route 64. Southern Title did not find a plat of record for this parcel. Until this is clarified zero development rights are identified with this parcel. T.M. 75 — 64: This parcel, containing 121.690 acres, is a portion of a 134 -acre tract shown on a 1913 plat. The balance of the original tract is now part of T.M. 75 — 64A. The 121 -acre tract is shown on the 1979 tax map. This suggests that the Parcel 64A was created prior to December 10, 1980 and, therefore, the 121.690 -acre parcel is a parcel of record with 5 development rights. These development rights are theoretical in nature, can be used only if all other applicable regulations can be met and may only be utilized within the bounds of the original parcel with which they are associated. These development rights 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, the parcels may create as many smaller parcels containing a minimum of twenty-one acres as they have land to make. 296-5832 X 3023 3/13/2007 Page 4 of 5 From: Richard Howard -Smith [mailto:rhh@fpwlaw.com] Sent: Tuesday, December 19, 2006 2:47 PM To: John Shepherd Subject: FW: Real Estate Description Hedgerow deed It is very important that we have a good idea of development rights asap, because we must make our donation this tax year and we are running out of time. For the immediate time, all I need is the minimum number that you know Hedgerow has -- I don't even need that in a letter. We can wait for a definitive determination as the appraisal gets wrapped up in early January. Thanks very much. Richard Howard -Smith Feil, Pettit & Williams, PLC 530 E. Main St. Charlottesville, VA 22902 Ph: 434-979-1400 x118 Fx: 434-977-5109 www.fpwlaw.com From: Richard Howard -Smith [mailto:rhh@fpwlaw.com] Sent: Friday, December 15, 2006 12:11 PM To: 'jshepher@albemarle.org' Subject: FW: Real Estate Description Hedgerow deed John, please read Ridge's email below and if you can give us an "estimate" on # of rights that are likely to exist, that will suffice for the immediate issue of deciding how many rights to retain (for valuation purposes). For technical tax reasons, we have to retain some in the donation. Thanks. Richard Howard -Smith Feil, Pettit & Williams, PLC 530 E. Main St. Charlottesville, VA 22902 Ph: 434-979-1400 x118 . Fx: 434-977-5109 www.fpwlaw.com From: Ridge Schuyler [mailto:rschuyler@tnc.org] Sent: Friday, December 15, 2006 12:03 PM To: Richard Howard -Smith 3/13/2007 Page 5 of 5 Subject: RE: Real Estate Description Hedgerow deed 121406 (3) Richard: Since we know that we want to get this done this year, I want to focus on what's required for closing. I think the most important decision we have to make is to determine what kind of deed restrictions we need to include to insure that the property is protected "in perpetuity," so that is legitimately and clearly qualifies for the Virginia Land Preservation Tax Credit. If we knew, even roughly, how many development rights, we would have an idea of how far we can go in allow for a retention of a few of them. My own gut tells me that we should probably not retain more than one development right per hundred acres. But if there are only five development rights to begin with, that's not much of an improvement for conservation purposes. If you could find out, even roughly, how many rights we're talking about, or even just a range, that would help immensely, I think. The appraisal can always be finalized after the end of the year. Ridge 3/13/2007 0 - John Shepherd From: John Shepherd Sent: Wednesday, January 03, 2007 8:49 AM To: 'Richard Howard -Smith' Subject: RE: Real Estate Description Hedgerow deed Southern Title supplied several. I'll dig into to this later today and let you know. From: Richard Howard -Smith [mailto:rhh@fpwlaw.com] Sent: Wednesday, January 03, 2007 8:43 AM To: John Shepherd Subject: RE: Real Estate Description Hedgerow deed Page 1 of 4 I can meet or if just a few deeds are needed, you can email me the references. If they are all in your draft letter, let me know if you have any new ones, or if you still need all that are there. Thanks. ORichard Howard -Smith Feil, Pettit & Williams, PLC 530 E. Main St. Charlottesville, VA 22902 Ph: 434-979-1400 x118 Fx: 434-977-5109 www.fpwlaw.com From: John Shepherd [mailto:JSHEPHER@albemarle.org] Sent: Wednesday, January 03, 2007 8:25 AM To: Richard Howard -Smith Subject: RE: Real Estate Description Hedgerow deed Richard, I am very glad to hear that the donation was completed. As far as completing the determination, it is still necessary to supply the deeds to complete the chain. It might be good to meet once again to verify just what is needed. I am here to the end of the week. I will be gone from the 8th to the 12th and will return on the 15th. Please let me know how you intend to proceed. John From: Richard Howard -Smith [mailto:rhh@fpwlaw.com] Sent: Tuesday, January 02, 2007 5:01 PM To: John Shepherd Subject: RE: Real Estate Description Hedgerow deed Happy New Year, John. We were able to get our donation made at the last minute in 2006. 3/13/2007 Page 2 of 4 1, J We do still need a final determination letter on the division rights as soon as you are able to provide it. It is very important to the appraiser in valuing the donation to The Nature Conservancy. Thanks, Richard Richard Howard -Smith Feil, Pettit & Williams, PLC 530 E. Main St. Charlottesville, VA 22902 Ph: 434-979-1400 x118 Fx: 434-977-5109 www.fpwlaw.com From: John Shepherd [mailto:JSHEPHER@albemarle.org] Sent: Wednesday, December 20, 2006 8:18 AM To: Richard Howard -Smith Subject: RE: Real Estate Description Hedgerow deed Richard: Here is a preliminary analysis of the development rights associated with these parcels. As we have discussed, I will prepare an official determination when I have a complete application. Let me know if this is sufficient for your purposes at this time. T.M. 75 - 2: This parcel, containing 144.38 acres, is designated as Tract A on a plat by Gloeckner Engineering, recorded in D.B. 3291/663. The plat notes that Tract A retains 1 development right. I assume that is correct. T.M. 75 - 2C: This parcel, containing 29.2 acres, is shown on the 1979 tax map as it is shown on the current tax map. This suggests that it may be a parcel of record with 5 development rights. Southern Title did not find a plat of record for this parcel. The research of Southern Title indicates that this parcel may be comprised of 2 separate parcels, one containing 21.6 acres and the other containing 7.6 acres based on several deeds including, most recently, D.B. 241/564. If that can be demonstrated by the deeds in the chain, the 21.6 acre parcel would have 5 development rights and the 7.6 -acre parcel would have 3 development rights. T.M. 75 — 11: This parcel, containing 36.5 acres, is shown on a 1904 plat in D.B. 132/39. This established the parcel as a parcel of record. The research of Southern Title does not indicate any change to the parcel. This suggests the parcel has 5 development rights. T.M. 75 — 46: This parcel, containing 51.070 aces, is shown on a 1956 plat in D.B. 526/39. This established the parcel as a parcel of record. The research of Southern Title does not indicate any change to the parcel. This suggests the parcel has 5 development rights. T.M. 75 — 47: This parcel, containing 21.045 aces, is shown on the 1979 tax map almost as it is shown 3/13/2007 Page 3 of 4 0 on the current tax map. This suggests that this may be a parcel of record with 5 development rights. However, the information submitted with the parcel determination application does not confirm this finding. There are indications that this parcel may have been physically but not legally separated by Route 64. Southern Title did not find a plat of record for this parcel. Until this is clarified zero development rights are identified with this parcel. T.M. 75 — 64: This parcel, containing 121.690 acres, is a portion of a 134 -acre tract shown on a 1913 plat. The balance of the original tract is now part of T.M. 75 — 64A. The 121 -acre tract is shown on the 1979 tax map. This suggests that the Parcel 64A was created prior to December 10, 1980 and, therefore, the 121.690 -acre parcel is a parcel of record with 5 development rights. These development rights are theoretical in nature, can be used only if all other applicable regulations can be met and may only be utilized within the bounds of the original parcel with which they are associated. These development rights 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, the parcels may create as many smaller parcels containing a minimum of twenty-one acres as they have land to make. John 296-5832 X 3023 From: Richard Howard -Smith [mailto:rhh@fpwlaw.com] Sent: Tuesday, December 19, 2006 2:47 PM To: John Shepherd Subject: FW: Real Estate Description Hedgerow deed It is very important that we have a good idea of development rights asap, because we must make our donation this tax year and we are running out of time. For the immediate time, all I need is the minimum number that you know Hedgerow has -- I don't even need that in a letter. We can wait for a definitive determination as the appraisal gets wrapped up in early January. Thanks very much. Richard Howard -Smith Feil, Pettit & Williams, PLC 530 E. Main St. Charlottesville, VA 22902 Ph: 434-979-1400 x118 Fx: 434-977-5109 www.fpwlaw.com From: Richard Howard -Smith [mailto:rhh@fpwlaw.com] Sent: Friday, December 15, 2006 12:11 PM To: 'jshepher@albemarle.org' 3/13/2007