HomeMy WebLinkAboutLOD200100016 Letter of Determination 2001-11-30November 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.]
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The table shows the parent parcels in existence on December 10, 1980.
Chapel Spring Farms
November 30, 2001
Page 2
Parcels
Map Key #
Former TM/P #
Acreage
Deed Reference
1
1 (a)
27-29
185.9
420-380
2
1(b)
28-1.
296
420-380
3
2(a)
16-8
140
420-380
2(b)
28-20
40
20-380
5
2 (c)
28-19
206
20-380
6
3
28-23C
39.5 (54.5 — 15)
39-145
7
4
28-23C
37
30-89
N/A
16-53
91
30-89
8
12
16-53
3.75
30-89
9
17
28-23G
2
38-159
10
5
28-23G
34
38-159
11
6
28-23G
25.25
38-159
12
7
28-23G
37
38-159
13
16
28.23G
32
38-159
14
15
16-10
81
39-136
15
13
16-10A
55.6
39-136
16
14
16-10A2
3.01
39-136
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
39-143
20
8, 9 or 11
28-23F
4
39-143
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 % 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 1/2 acres and [14] contains
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3.01 acres. Tax Map 16, Parcels 10A1 and 10A3, arenot part of this
determination.
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 in1968.
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.
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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.
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.
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[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
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
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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]
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'/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 3 3/4 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.)
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[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'/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.
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. 13.01 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
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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
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
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[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:
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 % 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 '/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.
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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.
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.
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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
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
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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
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
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