HomeMy WebLinkAboutLOD200100015 Letter of Determination 2002-01-14COUNTY OF ALBEMARLE
Department of Building Code and Zoning Services
401 McIntire Road, Room 227
Charlottesville, Virginia 22902-4596
FAX (434) 972-4126 TELEPHONE (434) 296-5832
January 14, 2002
Brian S. Ray
Roger W. Ray and Assoc., Inc. #ot
1717-1 B Allied Street I Date �,,� b2• pages
Charlottesville, VA 22903 _.---t-it®Fax Note 7671 From f 6h�� ShC Cr`(
To aq(,A Co. A6>- 2-(P11 �''"
LETTER OF CORRECTIO Go./Dept. phone #21 91 SQ, a
phone # Fax #
RE: OFFICIAL DETERMIN pax# 977— 5
Map 28, Parcel 1 (Property
Dear Mr. Ray:
TTD (434) 972-4012
Tax
0.3.1
This letter of correction replaces the determination of development rights and parcels for
this property dated November 30, 2001 and the determination dated January 11, 2002.
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 twenty (20) parcels and
seventy-five (75) theoretical development rights. The basis for this determination
follows.
A map showing the location, former tax map and parcel number and a separate map
key number for each referenced parcel isincluded as Attachment A. The map key
numbers are in brackets and in bold type throughout this letter. The bracketed numbers
are assigned only for the purpose of identifying particular tracts of land discussed in this
determination.
A table listing the parent parcels in existence on December 10, 1980, the map key
numbers, the former tax map and parcel numbers, the acreage, the number of
theoretical development rights and the deed references is included as Attachment B.
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
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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.
contains s 54mas n/2 aDcres and the result [14] contains
subsequent off conveyances, [ ]
3.01 acres. Tax Map 16, Parcels 10A1 and 10A3, are not part of this
determination.
[TM 16, P 101 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 togson The 50 %eacre tdract is lot of 4 acres [1
conveyed to Henry Thomp south of and not part of the
subject property. The wood lot is part of the property.
[3] No. 7: 54'/2 acres conveyed
oMrs.
iwas lie diWard.
vided from this tract in1g6g now
on TaxMa
designated as Parcel 23H p 28
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 March8, 1905, conveyed described as fo o 4 acres from Percy T.
Dunn to John B. Thompson. The parcel\
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[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 ac described b Paas A
T
Cosby and Carrie M. Lewis to J. Bascom Thompson. parcel
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 '/Z acres conveyed to Wesley Chapel us identified as [15] on the key.
r use as a cemetery from
the Estate of Bessie Dunn Miller to John G. Dunn. This
� s
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 design61 attached as Patrocel
1, Sheet 28 on a plat by William S. Roudabush dated December
this deed. The plat is titled "Plat showing combined
rve County, Thettracts
o tan ds near
r
Pigeon Top Mountain North of Millington Albemarle
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
&29McPherson
Sheet 27 on a plat by
Rupo Corporation. The property is designated as Parcel
William S. Roudabush dated December 1961 and attach of land near Pigeon Top to the previous deed. he
plat is titled "Plat showing combined survey of two tr
Mountain North of Millington Albemarle County, ." 1he two tracts on the keyogether contain
482.1 acres on the plat. This property is identified[ a ]
Deed Book 395, page 200, dated January 28, 1964, conveyed property described in theMamie Pearl
deed as "three certain tracts or parcelsTflan" from Hardy I�hdeman &Helen LrWhiteman. Those three
Proffitt &Susie W. Proffitt to Raymond
tracts are described as follows:
[2a] One: A certain parcel containing 140 acres 9o3nveyed by deed dated March
9, 1895 and recorded in Deed Book 102, page 4
[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 co oneeof 40 acre d of threep[2c] arceIs
of land, one of 141 acres, [2e] one of 25 acres, [2d]
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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
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 1.1, 1965, conveyed 3.55 acres from John G.
Dunn to Marguerite F. Maupin. Theparcel, as divided fromlat by Tract 1G ontheaS�mlms pladated
Apil 5, 1965 and attached to this deed
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 d &own on a hat by Will am Roiteman. The pdabush dated erty is described
as two certain tracts or parcels of Ian p
December 1961. The two tractsand Deed Book 375
epage 31 [1 a] These tracts are
hetae deed s,
Deed Book 375, page 25 [1 ]
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 AlbemarleCounty, VA." The deed describes the
on May 5, 1965 by the deed
as
the same land In all respects as that
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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]
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'/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. Maupih 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
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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 peed DeedBoo34 ac es +page 267 res and
described as Lot 5 on the plat recorded
[6] TRACT NO. 5: A certain parcel of land containing 25'/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.
ining
[16] TRACT NO. 7: A certain parcel xkmatel own a 4 actheCe tract devised toosby Tract, aThomas
acres +/- SAVE and EXCEPT appro y
Dunn.
Deed Book 439, page 136 dated Jan ary 2, 8 conveyed three certain tracts or
Der Linde. The parcels are described
parcels of land from John G. Dunn to Harold Van
as follows:
[15] Tract No. 1: 81 acres +/- conveyed by n deed Deed Boodle 294March2, 4391 to John
G. Dunn from Robert E. Dunn, recorded
[13] Tract No. 2: 55.6 acres designated
npage 770, less3a55 alpres
dated March 5, 1965 and recorded In Deed Book 406
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 nope d Book 436, page 14 unn from Thomas nThe lot i by
deed dated June 20, 1967 and recorded
designated as Parcel C on a plat by O. R. Randolph dated March 5, 1965.
Deed Book 439, page 143, dated January 2,
1968 conveyed four parcels from Thomas
M. Dunn to H. E. Van Der Linde. The property wa 67 containing 4, 3u4 and 4 acresesignated as lots nmbered 3, 4,
and 6 on the plat recorded in Deed Book 114, page
respectively. [8, 9, 10 & 11]
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
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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 five
separate parcels on the date of recordation. [1 a & 1 b and 2a, 2b & 2c] 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
671 and 669tehall (609)Dknolct wr°as Blue
Albemarle County, Virginia, on State
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:
Deed Book 420, page 380, dated may 24, 1966, conveyed two tracts:
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[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:
[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 three tracts:
[15] 81 acres conveyed by Deed Book 294, page 439, excluding 1 '/2
acres conveyed to Wesley Chapel Church;
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[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 conveyed in Deed Book 439, page 143 and
shown as Nos. 3, 4, 5 and 6 on the 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.
It is determined that the dei am Rouda'on in bush aDeed nd he listing ook 5o page he separate deed
reference to the plat by Wil
references in this deed preserved the identity of the 20 separate parent parcels.
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 986Drecorded er Lindebn De Clerk'seed of ft of Officearold E.
of the
Van Der Linde, dated January 23, ,
Circuit Court of Albemarle County, in Deed Book 865, page 739."
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The plat of Wm. Morris Foster, dated May 4, 1987 is Eli
Elizabeth Van Der Linde Blue titled:
BlueRidlat in
Ridge Farm Hall Mag.
1,316.13 acres- Property of
District Albemarle County, Virginia.
It is determined that this deed and plat did not serve to'combine the parcels or
extinguish the associated development rights, even though the deed identifies
the subject property as the singular Tract 1 and the plat shows the perimeter
without all of the internal parcel boundaries. The Subdivision Ordinance in effect
at the time of this transaction required County approval of any plat that adjusted
a property boundary and/ or the assignment of development rights. Absent such
a plat, the parcels comprising Tract 1 could not be combined and development
rights could not be assigned or extinguished.
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
Mapnc. Schedule Parcels 1, 23D & 23H. lists 7 Parcel 1 which is Tax
ls: Tax Mapl 6,
Parcels 7, 10A1, 10A3 & 1 Tax p
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."
It is determined that absent an approved subdivision plat showing that the
parcels in existence on Decembe associated devel pm1980 were 'entrights are preserved, the separate yn
of the 20 parent parcels and their
this transaction.
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
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".
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Tract 2 contains 144.18 Acres..."
Again, absent an approved subdivision plat showing that the parcels in existence
on December 10, 1980 were combined, it is determined that the separate identity
of the 20 parent parcels and their associated development rights are preserved in
this transaction.
There have been no off -conveyances since the recordation of this deed.
Therefore, Tax Map 28, Parcel 1 is determined to be comprised of twenty (20)
parcels as described on the attached table of parcels with seventy-five (75)
theoretical development rights.
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 parcels 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. 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
ATTACHMENTS: A- Map Key and Former Parcel Numbers
B- Table of Parent Parcels
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Copies: Chapel Spring Farms Holdings, LLC
P.O. Box 2057
Charlottesville, VA 22902
Feil, Pettit and Williams
P.O. Box 2057
Charlottesville, VA 22902
Gay Carver, Real Estate Department
Elfa Carey, Clerk Board of Supervisors
Reading Files
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-T - TAG, i4mrmT
SooK qs. Pae
ATTACHMENT B
(D
TABLE OF PARENT PARCELS
r�uovl=t cPRINr PARMR
�1
Parent
Map Key #
Former TM/P #
Acreage
DRs
Deed
Parcels
Theoretical
Reference
1
1 a
27-29
185.9
5
20-380
2
1 b
28-1.
298
5
20-380
3
2(a)
16-8
140
5
20-380
2(b)
28-20
0
5
20-380
5
2 (c), 2(d) &
28-19
206
5
20-380
2e
6
3
28-23C
39.5 54.5 — 15
5
39-145
7
4
28-23C
37
5
30-89
8
12
16-53
3.75
1
38-159
9
17
28-23G
2
1
38-159
10
5
28-23G
34
5
38-159
11
6
28-23G
25.25
5
38-159
12
7
28-23G
37
5
38-159
13
16
28.23G
32
5
38-159
14
15
16-10
81
5
39-136
15
13
16-10A
55.6
5
39-136
16
14
16-10A2
3.01
1
39-136
17
8, 9 or 11
28-21
4
2
39-143
18
10
28-22
3
1
39-143
19
8, 9 or 11
28-23E
4
239-143
20
8, 9 or 11
28-23F
4
2
39-143
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