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Home My WebLink AboutLOD200700049 Correspondence Letter of Determination 2007-02-13GEORGE B. MCCALLUM, M DAVID W. KUDRAVETZ ROGER D. WILLIAMS KATHY DONOVAN ABELL RICHARD G. RASMUSSEN, IIC JANE CHAMPION CLARKE LAW OFFICES MCCALLUM & KUDRAVETZ, P. C. 250 EAST HIGH STREET CHARLOTTESVILLE, VIRGINIA 22902 February 13, 2007 John Shepherd Manager of Zoning Administration County of Albemarle Department of Community Development 401 McIntire Road, Room 227 Charlottesville, VA 22902-4596 RE: Tax Map 104, Parcel 8 -- Determination of Development Rights Dear John: C434) 293-8191 FAX (434) 296-9641 This shall confirm that I am representing MeadWestvaco Corporation in its request for a determination of the development rights of Tax Map 104, Parcel 8. I have a copy of your letter dated May 30, 2006, to J. Matthew Hall at MeadWestvaco. Subsequent. to our meeting on October 11, 2006, my paralegal and I have researched, analyzed, organized and supplemented title information for the various parcels in TM 104-8. From our research, TM 104-8 contains 4,049.40 acres, more or less, in 58 separate parcels, with a total of 278 development rights (for small parcels). In support of this, enclosed please find expando file containing the following: 1. black on white copy of the unrecorded plat of survey prepared by Carroll Gillispie, CLS, in 1960, on which I have highlighted in yellow the lands within TM 104-8; 2. white on black copy of the same 1960 plat of survey -- [On occasion, this copy is more legible than the black on white copy.]; [The lands currently within TM 104-8 contain 4,019 acres acquired in 1962 by MeadWestvaco (as 1 I� John Shepherd February 13, 2006 Page 2 West Virginia Pulp and Paper Company) from J.S. Purcell Lumber Corporation. This 4,019 acres is composed of 3,994 acres acquired by J.S. Purcell Lumber Corporation from the Executors and Trustees u/w Percy H. Faulconer by deed dated 9/22/1960 as The Faulconer Tract. The 1960 source deed for The Faulconer Tract refers to 32 sources of title. This 4,019 acres also contains 25 acres referred to as the Martia Edwards Tract. In addition to this 4,019 acres, Westvaco acquired "50.5 acres" [actually 51.25 acres in 2 parcels] by deed from Curtis Lee Naylor dated 5/30/1979. By deed dated 5/16/1979, Westvaco conveyed off to Curtis Lee Naylor 20.854 acres from Parcel (6) of The Faulconer Tract. My calculation of current total acres is: [4,019 acres + 51.25 acres] - 20.854 acres = 4,049.40 acres.]; 4. my table for TM 104-8 summarizing for these parcels their ,sources, descriptions, sizes, and development rights -- [This table begins with the 32 sources of title to `Buckeyeland Farm" in deed dated 9/22/1960, in Deed Book 362, page 287, from the Faulconer Estate to J.S. Purcell Lumber Corporation. On this table, these 32 sources of title are Parcels (1) through (32). A number of these Parcels are multiple separate parcels. On this table, the plat, no plat, or metes & bounds description and sizes are in bold face. The Deed Book/page references in which the separate parcels are most recently referred to as separate parcels are in the "Parcel of Record" column of this table. The Martia Edwards Tract and the "50.5 acres" from Naylor in 1979 are at the end of this chart on page 4. I will email this table to you as Word file.]; and 5. 37 folders containing chains of title, colored maps, deeds, and plats which support and locate the 58 parcels -- [When we meet, I will review with you the organization of these folders.]. There are five areas in the enclosed information about which I want to give you additional detail in this letter. These areas are outlined in red on the black on white copy of the 1960 Carroll Gillispie plat enclosed in item 1 above. 1. Parcels (8), (16), (23), (25) and (30) and the Martia Edwards Tract are shown together on the 1960 Carroll Gillespie plat of survey. In reviewing the sources of title, only Parcel (23) has a plat of record. This is further explained in the folders for these Parcels. 2. Parcel (9) on the 1960 Carroll Gillespie plat shows 3 parcels. The sources of title support 2 parcels. There appears to be a gap between surveyed lines which Mr. Gillespie solved by 3. Parcel (18) on the 1960 Carroll Gillespie plat contains 260 acres. The parent tract 0 0 John Shepherd February 13, 2006 Page 3 contained 351 acres. The source deed to P.H. Faulconer in 1938 states 207.36 acres after various off -conveyances. There is a more detailed description in the folder for Parcel (18). The boundaries of the 207.36 acres in our analysis are the same as the boundaries of the 260 acres shown on the 1960 Carroll Gillespie plat. We have not been able to resolve this difference. We have used 260 acres as the correct size in our total of 4,049.40 acres. 4. Parcel (24) is comprised of 2 separate parcels, one of 41.5 acres and the other of 10 acres. We have been able to find sources of title for 41.5 acres of the 51.5 acres. The depictions of these 2 parcels on the 1960 Carroll Gillespie plat are not proportional. We have not been able to resolve this. 5. By Deed dated 5/30/1979, recorded in Deed Book 673, page 466, Westvaco acquired 50.5 acres from Curtis Lee Naylor. I have concluded that this 50.5 acres is actually 2 parcels, one containing 44.5 acres and the other containing 6.75 acres. This is detailed in the folder labeled "50.5 Acre Parcel". I think that you will find the remainder of the parcels to be straight forward. Lastly, on behalf of my client, enclosed please find check payable to the County of Albemarle in the amount of $35.00 for the balance of the application fee. If you have any questions, would like additional information, or would like to discuss any matter at any time during your work on this project, please call me. With best regards, I am nce ly yours, eorg .McCallum, III GBM/ejb Enclosure cc: J. Matthew Hall (encl.) Professional Surveyor MeadWestvaco Corporation E:\DATA FILES\CLIENTS\MeadWestvaco\Faulconer Tract (10480)\Shepherd-Itr.doc ADMIN 2-2/13/07 3:02 PM