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HomeMy WebLinkAboutLOD200100014 Letter of DeterminationNovember 30, 2001 Brian S. Ray Roger W. Ray and Assoc., Inc. 1717-1 B Allied Street Charlottesville, VA 22903 RE: OFFICIAL DETERMINATION OF DEVELOPMENT RIGHTS AND PARCELS- Tax Map 28, Parcel 1 (Property of Chapel Spring Farms Holdings, LLC) Section 10.3.1 Dear Mr. Ray: 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 28, Parcel 1, located west of Route 671, contains one (1) parcel and five (5) development rights. The basis for this determination is summarized as follows: The property now known as Chapel Spring Farms is the aggregate of many parcels of land. Tax Map 28, Parcel 1, the subject of this determination, is determined to have consisted of 20 separate parcels on December 10, 1980, the date of the adoption of the zoning ordinance. However, it is determined that the farms were conveyed in 1987 from Elizabeth Van Der Linde & Harold E. Van Der Linde to Arthur A. Watson & Rachel L. Galbraith as two certain tracts. This is based on the language in the deed and the attached plat by Wm. Morris Foster recorded in Deed Book 939, page 440. The farms were conveyed from Burning Daylight Farms, Inc. to Chapel Spring Farms Holdings, LLC. on December 14, 2000. The property was described as above and included a new plat by Kurt Gloeckner showing a boundary survey with no internal boundaries. The portion of Tax Map 28, Parcel 1 west of State Route 671 was conveyed to the present owner as a single tract. A brief description of information contained in county records and a history of the parcels that are now part of Tax Map 28, Parcel 1 are provided below. [The bracketed numbers are assigned only for the purpose of identifying particular tracts of land discussed in this determination.] The table shows the parent parcels in existence on December 10, 1980. C:\inetpub\wwwroot\cityviewlazertiche_integration\tempdocholder\15467.doc Chapel Spring Farms November 30, 2001 Page 2 Parcels Key # Former TM/P # Acreage Deed Reference 1 _Map 1 (a) 27-29 185.9 420-380 2 1 b 28-1. 296 420-380 3 16-8 140 420-380 4 -2(a) 2(b) 28-20 40 420-380 5 2 c 28-19 206 420-380 6 3 28-23C 39.5 (54.5 — 15) 439-145 7 4 28-23C 37 430-89 ? N/A 16-53 91 430-89 8 12 16-53 3.75 430-89 9 17 28-23G 2 438-159 10 5 28-23G 34 438-159 11 6 28-23G 25.25 438-159 12 7 28-23G 37 438-159 13 16 28.23G 32 438-159 14 15 16-10 81 439-136 15 13 16-10A 55.6 439-136 16 14 16-10A2 3.01 439-136 17 8, 9 or 11 28-21 4 439-143 18 10 28-22 3 439-143 19 8, 9 or 11 28-23E 4 439-143 20 8, 9 or 11 28-23F 4 439-143 Our records indicate Tax Map 28, Parcel 1 contains 1,223.87 acres and six dwellings. The property is not in an Agricultural Forestal District. The most recent deed for this property is recorded in Deed Book 1976, page 667. The most recent deeds for the parcels described below prior to the date of adoption of the Albemarle County Zoning Ordinance (December 10, 1980) are identified as parent parcels in the following history that begins with Deed Book 114, page 263. Deed Book 114, page 263 is a decree of the Circuit Court dated May 23, 1891. It sets forth the disposition of 468 3/4 acres of the Estate of William Thompson. Included in this decree is a subdivision plat by John Simms dated April 1891. It showed the subdivision of the property into nine tracts plus four wood lots. Pages 268 — 271 contain the grantees and metes and bounds descriptions for each of the parcels as follows: [13 & 14] No. 1: 90 acres Conveyed to Dr. Thomas M. Durrer. As the result of subsequent off -conveyances, [13] now contains 54'/2 acres and [14] contains 3.01 acres. Tax Map 16, Parcels 10A1 and 10A3, arenot part of this determination. C:\inetpub\wwwroot\cityviewlazerfiche_integration\tempdocholder\15467.doc Chapel Spring Farms November 30, 2001 Page 3 [TM 16, P 10] No. 2: 91 '/2 acres on the east side of 671 conveyed to Joseph R. Thompson and John T. Thompson. This tract is not part of this determination [16 & 17] No. 3: 34 acres together with a detached wood lot ([8]) containing 4 acres conveyed to the children of Thomas W. Thompson. [6] No. 4: 25'/4 acres together with a detached wood lot of 4 acres ([9]) conveyed to Caroline Thompson. [5] No. 5: 34 acres together with a detached wood lot containing 3 acres ([10]) conveyed to Mrs. Mary A. Rosh??? [NA] No. 6: 50 '/2 acres together with a detached wood lot of 4 acres ([11 ]) conveyed to Henry Thompson. The 50'/2 acre tract is south of and not part of the subject property. The wood lot is part of the property. [3] No. 7: 54'/2 acres conveyed to Mrs. Billie Ward. Be aware that 15 acres, now designated as Parcel 23H on Tax Map 28, was divided from this tract in 1968. The residue of No. 7 after this transaction was 39.5 acres. [4] No. 8: 37 acres conveyed to Wm. Thompson [7] No. 9: 37 acres conveyed to the children of Nathanial Thompson. Deed Book 130, page 102, dated March 8, 1905, conveyed 3 3/4 acres from Percy T. Dunn to John B. Thompson. The parcel was described as follows: [12] 3 3/4 acres lying south of the Free Union Road and Wesley Chapel Road and west of the Millington Road and known as the "Old Meadow Lot." Deed Book 142, page 50, dated December 25, 1909, conveyed 2 acres from Pattie A. Cosby and Carrie M. Lewis to J. Bascom Thompson. The parcel was described as follows: [17] 2 acres +/- adjoining the lands of Dr. T. M. Dunn, P. T. Dunn and J. Bascom Thompson. Deed Book 294, page 427, dated March 22, 1951, conveyed 81 acres with the exception of 1 '/2 acres conveyed to Wesley Chapel Church for use as a cemetery from the Estate of Bessie Dunn Miller to John G. Dunn. This is identified as [15] on the key. C:\inetpub\wwwroot\cityviewlazerfiche_integration\tempdocholder\15467.doc Chapel Spring Farms November 30, 2001 Page 4 Deed Book 375, page 25, dated December 27, 1961, conveyed 298 acres from Eugene A. Maupin & Clara L. Maupin to Rupo Corporation. The property is designated as Parcel 1, Sheet 28 on a plat by William S. Roudabush dated December 1961 and attached to this deed. The plat is titled "Plat showing combined survey of two tracts of land near Pigeon Top Mountain North of Millington Albemarle County, VA." The two tracts together are shown to contain 482.1 acres on the plat. This property is identified as [1 b] on the key. Deed Book 375, page 31, dated December 27, 1961, conveyed 185.6 acres from Elmer E. Burress, Jr. & Billie H. Burress and Dudley B. Gains & McPherson W. Gaines to Rupo Corporation. The property is designated as Parcel 29, Sheet 27 on a plat by William S. Roudabush dated December 1961 and attached to the previous deed. The plat is titled "Plat showing combined survey of two tracts of land near Pigeon Top Mountain North of Millington Albemarle County, VA." The two tracts together are contain 482.1 acres on the plat. This property is identified as [1a] on the key. Deed Book 395, page 200, dated January 28, 1964, conveyed property described in the deed as "three certain tracts or parcels of land" from Hardy J. Proffitt, Mamie Pearl Proffitt & Susie W. Proffitt to Raymond T. Whiteman & Helen L. Whiteman. Those three tracts are described as follows: [2a] One:A certain parcel containing 140 acres conveyed by deed dated March 9, 1895 and recorded in Deed Book 102, page 493. [2c] Two: Property described as "A tract containing two hundred and six be the same ever so much more or less, which said tract is composed of three parcels of land, one of 141 acres, [2e] one of 25 acres, [2d] and one of 40 acres [2c]. This is identical to the land conveyed on August 23, 1911 by deed recorded in Deed Book 150, 77. " It is determined that this plat and deed served to combine these three former tracts into one single parcel. While the deed references the three former parcels, it describes the property as a singular tract. Likewise, while the plat indicates the location of the former parcels with light -weight dashed lines and separate deed references, these three former parcels are shown together as Tract 2, Parcel 29 on Sheet 28. [2b] Three: A certain tract containing 40 acres, designated as Lot 3 on a plat of the division of the land of Susan E. Douglas recorded in Deed Book 102, page 495. Deed Book 406, page 77 is a plat by O. R. Randolph, dated March 5, 1965 showing the subdivision of Tract No. 1 on the Simms plat dated April 1891. Parcel A [13] contains C:\inetpub\wwwroot\cityviewlazerfiche_integration\tempdocholder\15467.doc Chapel Spring Farms November 30, 2001 Page 5 59.15 acres, Parcel C [14] contains 3.01 acres. Parcel B contains 25.36 acres and is now identified as Parcel 10A(1) on Tax Map 16. This parcel is not included in the determination. Deed Book 407, page 299, dated May 11, 1965, conveyed 3.55 acres from John G. Dunn to Marguerite F. Maupin. The parcel, shown on a plat by O. R. Randolph, dated April 5, 1965 and attached to this deed was divided from Tract 1 on the Simms plat dated April 1891. This lot is designated as Parcel 10 A (3) on Tax Map 16. This parcel is not part of this determination. As a result of this transaction, the residue [13] contained 55.6 acres. Deed book 407, page 419, dated May 5, 1965 conveyed 482.01 acres from Rupo Corporation to Raymond T. Whiteman & Helen L. Whiteman. The property is described as two certain tracts or parcels of land shown on a plat by William Roudabush dated December 1961. The two tracts are further described with separate deed references; Deed Book 375, page 25 [1 b] and Deed Book 375, page 31 [1 a]. These tracts are determined to have been separate parcels on the date of recordation. Deed Book 420, page 380, dated May 24, 1966 conveyed two tracts from Raymond T. Whiteman & Helen L. Whiteman to H. E. Van Der Linde. The tracts are described as follows. [1] TRACT 1: A tract of 482.1 acres +/- shown on a plat by William S. Roudabush dated December 1961 recorded in Deed Book 375, page 27. The plat is titled "Plat showing combined survey of two tracts of land near Pigeon Top Mountain North of Millington Albemarle County, VA." The deed describes the property as the same land in all respects as that conveyed on May 5, 1965 by the deed recorded in Deed Book 407, page 419. That deed conveyed this property as two separate tracts. [2] TRACT 2: A tract of 374.52 acres +/- shown on the plat by William S. Roudabush dated May, 1996 that is a part of this deed. The plat is titled "Plat showing combined survey of three tracts of land near Pigeon Top Mountain north of Millington Albemarle County, VA." The deed describes the property as being the same land in all respects which was conveyed on January 28, 1964 by the deed recorded in Deed Book 395, page 200. It is determined that the deed recorded in Deed Book 395, page 200 conveyed this property in three tracts. [2a, 2b & 2c] C:\inetpub\wwwroot\cityviewlazerfiche_integration\tempdocholder\15467.doc Chapel Spring Farms November 30, 2001 Page 6 Deed Book 430, page 89, dated November 9, 1966 conveyed two tracts from John G. Dunn, Sarah T. Dunn, Isabel D. Bing & Charles Bing to H. E. Van Der Linde. These tracts are described as follows. [3] The 54 1/2 acres conveyed from Lena Ward to Percy Dunn by deed dated February 15, 1905 recorded in Deed Book 130, page 39. (This is No. 7 on Simms' April, 1891 Plat recorded in 114/267) [4] The 37 acres conveyed from W. L. Maupin to Percy T. Dunn by deed dated January 23, 1902 recorded in Deed Book 122, page 222. (This is No. 8 on Simms' April, 1891 Plat recorded in 114/267) Deed Book 438, page 159, dated December 20, 1967, conveyed Tracts 1 through 7 from John Roger Thompson & Patricia Shaffer Thompson to H. E. Van Der Linde. These tracts are described as follows. [TMP 16-10] TRACT NO. 1: A certain parcel of land containing 91.5 acres and described as Lot 2 on the plat recorded in Deed Book 114, page 267. It is now identified as Parcel 10 on Tax Map 16. This is a separate parcel on the east side of State Route 671. It is not part of this determination.) [12] TRACT NO. 2: A certain parcel of land known as the "Old Meadow Lot" containing 33/4 acres +/-, being the same land conveyed from Percy T. Dunn to J. Bascomb by deed dated March 8, 1905 and recorded in Deed Book 130, page 102. [17] TRACT NO. 3: A certain parcel of land containing 2 acres +/-, being the same land conveyed from Patty A. Cosby and Carrie M. Lewis to J. Bascomb by deed dated December 25,1909 and recorded in Deed Book 142, page 50. (Roudabush plat dated January 28, 1971 shows this as Tract 3 and references this deed. This is the same tract numbered 17 on the key.) [5] TRACT NO. 4: A certain parcel of land containing 34 acres +/-, acres and described as Lot 5 on the plat recorded in Deed Book 114, page 267. [6] TRACT NO. 5: A certain parcel of land containing 25 1/4 acres +/- acres and described as Lot 4 on the plat recorded in Deed Book 114, page 267. [7] TRACT NO. 6: A certain parcel of land containing 37 acres and described as Lot 9 on the plat recorded in Deed Book 114, page 267. C:\inetpub\wwwroot\cityviewlazerfiche_integration\tempdocholder\15467.doc Chapel Spring Farms November 30, 2001 Page 7 [16] TRACT NO. 7: A certain parcel known as the Cosby Tract, containing 36 acres +/- SAVE and EXCEPT approximately a 4 acre tract devised to Thomas Dunn. Deed Book 439, page 136 dated January 2, 1968 conveyed three certain tracts or parcels of land from John G. Dunn to Harold Van Der Linde. The parcels are described as follows: [15] Tract No. 1: 81 acres +/- conveyed by deed dated March 22, 1951 to John G. Dunn from Robert E. Dunn, recorded in Deed Book 294, page 439. [13] Tract No. 2: 55.6 acres designated as Parcel A on plat of O. R. Randolph dated March 5, 1965 and recorded in Deed Book 406, page 77, less 3.55 acres conveyed to Mrs. E. Garlad Maupin by deed dated May 11, 1965 and recorded in Deed Book 407, page 299. A plat of this parcel is recorded with this deed on page 300. [14] Tract No. 3: 3.01 acres conveyed to John B. Dunn from Thomas M. Dunn by deed dated June 20, 1967 and recorded in Deed Book 436, page 14. The lot is designated as Parcel C on a plat by O. R. Randolph dated March 5, 1965. Deed Book 439, page 145, dated January 2, 1968 conveyed 15 acres from H. E. Van Der Linde and Elizabeth D. Van Der Linde to Thomas M. Dunn. The deed includes a plat by Roudabush dated October 23, 1967, that shows the 15 acre parcel is divided from No.7, [3] D.B. 114, p. 267. The 15 acre parcel is now identified as Parcel 23H on Tax Map 28. Parcel 23H is not part of this determination. The residue of No. 7 contained 39.5 acres as a result of this transaction. Deed Book 482, page 533, dated January 29, 1971 is a Deed of Trust between Harold E. Van Der Linde & Elizabeth Van Der Linde and Trustee. A plat by William Roudabush, dated January 28, 1971, titled "Composite Plat of 1314.6 Acres Known as Blue Ridge Farm Located Near White Hall Albemarle County, VA Property of Harold E. Van Der Linde" is attached to this deed. On the basis of this plat, the County Real Estate Department combined all of the above referenced tracts into one single parcel designated as Parcel 1 on Tax Map 28. However, it is determined that this deed of Trust and plat did not forfeit the separate identities of these several tracts. The schedule of parcels included in the deed of trust separately identifies every parcel discussed in this determination. The plat shows each of these tracts with the exception of the individual parcels that comprised the two tracts conveyed in Deed Book 420, page 380, dated May 24, 1966. It is determined that those two tracts contained a total of seven C:\inetpub\wwwroot\cityviewlazerfiche_integration\tempdocholder\15467.doc Chapel Spring Farms November 30, 2001 Page 8 separate parcels on the date of recordation. [1 a & 1 b and 2a, 2b, 2c, 2d 2e] There were no off -conveyances between the recordation of this deed of trust and the adoption of the zoning ordinance. Therefore, it is determined, that on the date of adoption of the ordinance, the portion of Tax Map 28, Parcel 1, west of State Route 671 contained 20 separate parent parcels, each with a full compliment of development rights depending upon the acreage. Deed Book 738, page 388 is a dedication to the Commonwealth for road improvements to State Route 671. Deed Book 865, page 739, dated January 23, 1986, conveyed 1,314.6 acres by Deed of Gift from Harold E. Van Der Linde to Elizabeth Van Der Linde. The property is described as: All those certain contiguous tracts or parcels of land, with improvements thereon and appurtenances thereto pertaining, situate in the Whitehall District of Albemarle County, Virginia, on State Route 671 and 669 (609), known as Blue Ridge Farm, shown and described as containing in the aggregate 1316.60 acres (less 3 off -conveyances as hereinafter set forth) on a composite plat by William S. Roudabush, dated January 28, 1971, attached to a deed of trust recorded in Deed Book 569, page 345, conveyed to the Grantor by the following deeds: It is determined that this description, the reference to the plat by William Roudabush and the following references preserved the identity of these 20 separate parcels. Deed Book 420, page 380, dated May 24,1966, conveyed two tracts: [1 a & 1 b] 482.1 acres shown on plat by Roudabush dated December 1961, and [2a, 2b & 2c] 374.52 acres shown on plat by Roudabush dated May 1966. Deed Book 430, page 89, dated November 9, 1966, conveyed two tracts: [3] 54'/2 acres described as No. 7 on plat recorded in Deed Book 114, page 267, and [4] 37 acres described as No. 8 on plat recorded in Deed Book 114, page 267. Deed Book 438, page 159, dated December 20, 1967, conveyed seven tracts: C:\inetpub\wwwroot\cityviewlazerfiche_integration\tempdocholder\15467.doc Chapel Spring Farms November 30, 2001 Page 9 [NA] 91.5 acres (located on east side of 671) described as No. 2 on plat recorded in Deed Book 114, page 267; [12] 3 3/4 acres, the "Old Meadow Lot," described in Deed Book 130, page 102; [17] 2 acres, part of the Cosby Tract, conveyed by Deed Book 142, page 50; [5] 34 acres described as No. 5 on plat recorded in Deed Book 114, page 267; [6] 25'/2 acres described as No. 4 on plat recorded in Deed Book 114, page 267; [7] 37 acres described as No. 9 on plat recorded in Deed Book 114, page 267, and [16] 32 acres, known as the Cosby Tract, conveyed by Deed Book 318, page 243. Deed Book 439, page 136, dated December 20, 1967, conveyed seven tracts: [15] 81 acres conveyed by Deed Book 294, page 439, excluding 1 1/2 acres conveyed to Wesley Chapel Church; [13] 55.6 acres shown on O.R. Randolph plat recorded in Deed Book 406, page 77; [14] 3.01 acres shown on O.R. Randolph plat recorded in Deed Book 406, page 77; and [ 8, 9, 10 & 11] Four wood lots shown as Nos. 3, 4, 5 and 6 on plat recorded in Deed Book 114, page 267. LESS AND EXCEPT: The 15 acres shown on a plat by William Roudabush recorded in Deed Book 439, page 149. This parcel is identified as Parcel 23H on Tax Map 28. The 0.224 acre cemetery lot shown on plat by Morris Foster recorded in Deed Book 693, page 491. A strip of land dedicated to the Commonwealth for road improvements recorded in Deed Book 738, page 388. C:\inetpub\wwwroot\cityviewlazerfiche_integration\tempdocholder\15467.doc Chapel Spring Farms November 30, 2001 Page 10 Deed Book 939, page 440, dated May 15, 1987 conveyed 1316.13 acres from Elizabeth Van Der Linde & Harold E. Van Der Linde to Arthur A. Watson & Rachel L. Galbraith. The property is described as: "all those two certain tracts or parcels of land, aggregating 1316 acres, with improvements thereon and appurtances thereto pertaining, situate in the Whitehall District of Albemarle County, Virginia, on State Route 671, known as Blue Ridge Farm, more particularly shown and described as Tract 1 containing 1,228.8 acres and Tract 2 containing 87.33 acres, on the attached plat by Wm. Morris Foster, Surveyor, dated May 4, 1987; and being the same real property in all respects conveyed to Elizabeth Van Der Linde by Deed of Gift of Harold E. Van Der Linde, dated January 23, 1986, recorded in the Clerk's Office of the Circuit Court of Albemarle County, in Deed Book 865, page 739." The plat of Wm. Morris Foster, dated May 4, 1987 is titled: "Plat showing Survey of 1,316.13 acres- Property of Elizabeth Van Der Linde Blue Ridge Farm White Hall Mag. District Albemarle County, Virginia. It is determined that this deed, together with the plat by Wm. Morris Foster served to combine these twenty parcels into one single parcel described as Tract 1. The language in the deed is unambiguous in its description of the property as one of two certain tracts. While the plat by Wm. Morris Foster indicates deed references and sketched boundaries of the 482.1 acre tract and the 374.52 acre tract conveyed in Deed Book 420, page 380, these are not presented on the plat as separate parcels. It is a plat showing the metes and bounds of the perimeter of the two tracts described in the deed. Deed Book 1976, page 662, dated December 14, 2000 conveyed seven parcels of land described in Schedule A attached to the deed from Arthur A. Watson Jr. and Rachel L. Galbraith to Burning Daylight Farms, Inc. Schedule A lists 7 parcels: Tax Map16, Parcels 7, 10A1, 10A3 & 11; Tax Map 28, Parcels 1, 23D & 23H. Parcel 1, which is Tax Map 28, Parcel 1 is described as follows: "All those two certain tracts of land, aggregating 1316.13 acres, more or less, ... shown as Parcel 1 on Albemarle Tax Map 28, and more particularly shown and described as Tract 1 containing 1228.80 acres and Tract 2 containing 87.33 acres on a plat prepared by Wm. Morris Foster, Land Surveyor, dated May 4, 1987, recorded in the aforesaid Clerk's Office in Deed Book 939, page 442." Deed Book 1976, page 667, dated December 14, 2000 conveyed seven parcels of land described in Schedule A attached to the deed from Burning Daylight Farms, Inc. to C:\inetpub\wwwroot\cityviewlazerfiche_integration\tempdocholder\15467.doc Chapel Spring Farms November 30, 2001 Page 11 Chapel Spring Farms Holdings, LLC. A boundary survey made by Gloeckner Engineering, revised on December 13, 2000 is recorded with this deed. The parcels included on Schedule A attached to this deed are the same as those on Schedule A, attached to the deed recorded on page 662. The plat is titled "Plat showing boundary survey of Burning Daylight Farm Consisting of Two Tracts Tract 1 Contains 1,478.74 Acres "Exclusive of 0.22 Acres Cemetery Tract". Tract 2 contains 144.18 Acres..." The plat by Kurt Gloeckner, revised on December 13, 2000, like the plat by Wm. Morris Foster is a boundary survey. However, it shows no interior boundary lines suggesting the existence of former parcels. This removes any ambiguity that may have existed due to the reference to former tracts on Mr. Foster's plat. There have been no off -conveyances since the recordation of this deed. Based on this history, Tax Map 28, Parcel 1 is determined to be one parcel with five (5) development rights. The 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, the parcel may create as many smaller 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 $95. 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 C:\inetpub\wwwroot\cityviewlazerfiche_integration\tempdocholder\15467.doc Chapel Spring Farms November 30, 2001 Page 12 Copies: Chapel Spring Farms Holdings, LLC P.O. Box 2057 Charlottesville, VA 22902 Gay Carver, Real Estate Department Ella Carey, Clerk Board of Supervisors Reading Files C:\inetpub\wwwroot\cityviewlazerfiche_integration\tempdocholder\15467.doc