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HomeMy WebLinkAboutLOD200400036 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 February 15, 2005 Edward H. & Phyllis O. Ripper 5625 Brown Gap Turnpike Crozet, VA 22932 RE: OFFICIAL DETERMINATION OF DEVELOPMENT RIGHTS AND PARCELS- Tax Map 5, Parcels 4 & 4A (Property of Edward H. Ripper & Phyllis O. Ripper) Section 10.3.1 Dear Mr. and Ms. Ripper: This determination is made at the request of the Coordinator of the Acquisition of Conservation Easements program (ACE) for the purpose of assisting in the appraisal of the value of Tax Map 5, Parcels 4 and 4A. This determination applies only to the above referenced parcels. This determination is not binding on the portions of the original 985.5 acres that have been off -conveyed. 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 5, Parcel 4 is a separate parcel with two (2) development rights. Tax Map 5, Parcel 4A is a separate parcel with three (3) development rights. The basis for this determination is summarized as follows: Our records indicate Tax Map 5, Parcel 4 contains 307.959 acres and one dwelling. The property is not in an Agricultural Forestal District. The most recent deed for this property is recorded in Deed Book 1066, page 337. Our records indicate Tax Map 5, Parcel 4A contains 453.893 acres and one dwelling. The property is not in an Agricultural Forestal District. The most recent deed for this property is recorded in Deed Book 1085, page 284. This analysis begins with the deed recorded in Deed book 268, page 280 that is dated May 1, 1946. This deed conveyed approximately 827 acres from S. W. Barnes to Donald F. Gledhill and Frances N. Gledhill. The land is further described as being the same land in all respects that was conveyed to S. W. Barnes by the following deeds: I:\DEPTOUS\Determin of Parcel\2004 ACE\5 - 4 & 4A Ripper.doc Edward H. & Phyllis O. Ripper February 15, 2005 Page 2 1. 543 acres by the deed of Sudie B. Earley recorded in Deed Book 256, page 431. In this deed a'/2 acre family graveyard is reserved. (Deed Book 256, page 431 conveyed the 543 acres in 4 separate tracts of 200 acres, 200 acres, 103 acres and 40 acres. The tracts are identified by name and location but not metes and bounds or Deed Book and page number.) 2. 210 acres by the deed of G. W. Bruce recorded in Deed Book 259, page 50. (Deed Book 259, page 50 conveyed the 210 acres in 2 separate tracts of 40 acres and 170 acres.) 3. 195 acres by the deed of W. W. Wright recorded in Deed Book 258, page 443. Deed Book 311, page 298 contains a Deed of Correction dated May 1, 1946. This is between S. W. Barnes & Anne R. Barnes and Donald F. Glendale and Francis N. Glendale. By the deed recorded in Deed Book 268, page 280, S. W. Barnes conveyed three tracts of land to Donald F. Glendale and Francis N. Glendale described, in part, as containing approximately 827 acres in three tracts of 543 acres, 210 acres and 195 acres, less about 20 acres. The purpose of this deed is to correct that error and describe the property as containing 928 acres. The property is further described as being all of the land conveyed in the above mentioned deed and also the same land conveyed to S. W. Barnes by the following deeds: Deed Book 256, page 431, Deed Book 259, page 50 and Deed Book 258, page 443, except about 20 acres conveyed off by the deed recorded in Deed Book 268, page 224. This deed preserved the separate identity of the seven (7) separate lots described in the referenced deeds. The location of these parcels has not been established for the purpose of this determination. Deed Book 348, page 391, dated April 23, 1959, conveyed 985.5 acres from Donald F. Glendale and Francis N. Glendale to David A. Wallace and Joyce M. Wallace. The property is shown on a plat by T. W. Saunders dated 1959. The property is further described as being the same property conveyed by the deed recorded in Deed Book 268, page 280 as modified by the deed of correction of record in Deed Book 311, page 298. This deed states, "Both of said deeds conveyed the property in gross and not by the acre, and neither of said deeds made reference to any pat (sic) of the property conveyed." This deed and plat did not explicitly combine the parcels referenced in prior deeds. However, the effect of this deed and particularly the plat was to combine the parcels into one single tract. The plat makes no reference to prior deeds. The plat does not indicate the existence of old parcels or show any internal parcel lines.. The County Real Estate Department combined what had I:\DEPTOMS\Determin of Parcel\2004 ACE\5 - 4 & 4A Ripper.doc (D n Edward H. & Phyllis O. Ripper February 15, 2005 Page 3 been considered to be three parcels into one parcel on the basis of this plat. Moreover, as explained below, subsequent owners have treated this property as a single parcel since the recordation of this deed in 1959. Deed Book 424, page 533, dated December 15, 1966, conveyed 985.5 acres from David A. Wallace and Joyce M. Wallace to David A. Wallace. The property is described as being all of the property conveyed to the Grantors herein by deed of Donald F. Glendale and Francis N. Glendale, dated April 23, 1959, of record in Deed Book 348, page 391. This transaction had no effect on the legal status of this parcel. The most recent deed for this parcel recorded prior to the adoption of the Zoning Ordinance, December 10, 1980 is recorded in Deed Book 452, page 176 and is dated November 20, 1968. This deed conveyed 985.5 acres from Davis A. Wallace and Joyce M. Wallace to Leigh B. Middleditch, Jr. and Betty G. Middleditch. The property is described as being located north of State Route 810 in Brown's Cove and as being all the same property that was conveyed to the grantors by the deed of record in Deed Book 424, page 533. Based on this deed, this 985.5 -acre parcel is determined to be a parcel of record with five (5) theoretical development rights. Deed Book 988, page 626, dated March 31, 1988, conveyed 173 acres from Leigh B. Middleditch, Jr. and Betty G. Middleditch to John R. Pflug, Jr., Trustee for the John R. Pflug, Jr. Revocable Trust. The tract is described as being a portion of the property conveyed to the Grantors by the deed of record in Deed Book 452, page 176. The 173 -acre tract is shown as Parcel A on a plat by Kirk Hughes, dated February 23, 1988. The plat carries a note stating, "the remainder of TMP 5 — 4 may be divided into 5 lots of less than 21 acres. No division rights are to be transferred with Parcel A." As a result of this transaction the subject parcel contained 812.5 acres and five development rights. Deed Book 1040, page 586, dated March 29, 1989, conveyed a 10% interest in the land conveyed by the deed of record in Deed Book 988, page 626 from Leigh B. Middleditch, Jr. and Betty G. Middleditch to Leigh B. Middleditch, Jr. and Betty G. Middleditch, Trustees under the March 29, 1989 Charitable Remainder Trust less and except 50.648 acres. The 50.648 -acre tract is described as being a portion of 985.5 -acre less and except Parcel A containing 173 acres conveyed by the deed of record in Deed Book 988, page 626. The 50.648 -acre tract is shown as Parcel B on a plat by Kirk Hughes, dated March 13, 1989. The plat carries two notes stating, "the remainder of TMP 5 — 4 may be divided into 5 lots of less than 21 acres" and "Parcel B may not be divided into lots less than 21 acres." As a result of this transaction the subject parcel contained 761.852 acres and five development rights. I:\DEFRBCZS\Determin of Parcel\2004 ACE\5 - 4 & 4A Ripper.doc Edward H. & Phyllis 0. Ripper February 15, 2005 Page 4 Deed Book 1066, page 254, dated August 30, 1989, conveyed 307.959 acres from Leigh B. Middleditch, Jr. and Betty G. Middleditch, Trustees under the March 29, 1989 Charitable Remainder Trust to Edward H. Bain, Jr., Trustee of an irrevocable trust for the benefit of Edward H. Ripper and Phyllis 0. Ripper. The 307.959 -acre tract is described as being a portion of the property conveyed by the deed of record in Deed Book 452, page 176, This deed also references the deed of record in Deed Book 1040, page 586. The 307.959 -acre tract is shown as Parcel C on a plat by Kirk Hughes, dated August 27, 1989 and is designated as Parcel 4 on Tax Map 5: The remainder of the 761.9 acre tract is identified as Parcel D and is shown to contain 454 acres. The plat carries a note stating, "Parcel C may be divided into 2 lots less than 21 acres. Parcel D may be divided into 3 lots of less than 21 acres. As a result of this transaction, Parcel C, now designated as Parcel 4 on Tax Map 5, containing 307.959 acres has two (2) development rights. Parcel D, now designated as Parcel 4A on Tax Map 5, containing 453.893 acres has three (3) development rights. Deed Book 1066, page 332, dated August 30, 1989, conveyed 454+/- acres from Leigh B. Middleditch, Jr. and Betty G. Middleditch, husband and wife and Leigh B. Middleditch, Jr. and Betty G. Middleditch, Trustees under the March 29,A 989 Charitable Remainder Trust to Edward H. Ripper and Phyllis 0. Ripper. The property is designated as Parcel D on a plat by Kirk Hughes, dated August 27, 1989 and is designated as. Parcel 4A on Tax Map 5. The property is further described as being the remainder of the 985.5 acres conveyed to the Grantors by the deed recorded in Deed Book 452, page 176, less and except Parcel A containing 173 acres, Parcel B containing 50.648 acres and Parcel C containing 307.959 acres. These off -conveyances and the plat are more fully described above. This transaction has no effect on the legal status or on the development rights of Tax Map 5, Parcel 4A. Deed Book 1066, page 337, dated September 8, 1989, conveyed 307.959 acres from Edward H. Bain, Jr., Trustee of an irrevocable trust for the benefit of Edward H. Ripper and Phyllis 0. Ripper to Edward H. Ripper and Phyllis 0. Ripper as tenants by the entirety. The property is described as being the same as was conveyed by the deed recorded in Deed Book 1066, page 254. This transaction has no effect on the legal status or development rights of Parcel 4. Deed Book 1085, page 284, dated May 16, 1989, conveyed a strip of land from Leigh B. Middleditch, Jr. and Betty G. Middleditch and Phyllis 0. Ripper to Edward H. Ripper. The property is described in this Quitclaim Deed as all that certain strip of land lying between the southern side of the Doyle River and State Route 629 and running down State Route 629 to the intersection State Route 810 and State Route 629.This transaction has no effect on the legal status or development rights of Parcel 4A. I:\DEPTOUS\Determin of Parcel\2004 ACE\5 - 4 & 4A Ripper.doc 0 Edward H. & Phyllis O. Ripper February 15, 2005 Page 5 These parcels are 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 the tracts may create as many parcels containing a minimum of 21 acres as they have land to create. If you, the owner of Tax Map 5, Parcels 4 & 4A, 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. This determination does not apply to portions of the original 985.5 acres that have been off -conveyed. If you have any questions, please contact me. Sincerely, 1-4� John Shepherd Manager of Zoning Administration Copies: McChesney Goodall, Coordinator of the ACE Program Gay Carver, Real Estate Department Reading Files TM -P Acreage Division rights for 21 Development rights acre minimum parcels TM 5-4 307.959 14 2 TM 5-4A 453.893 21 3 I:\DEFRBUSTetermin of ParceUO04 ACE\5 - 4 & 4A Ripper.doc