HomeMy WebLinkAboutLOD200200027 Letter of Determination 2002-07-11July 11, 2002
Marilyn Gale
Roudabush, Gale & Associates, Inc.
914 Monticello Road
Charlottesville, VA 22902
RE: OFFICIAL DETERMINATION OF DEVELOPMENT RIGHTS AND PARCELS -
Tax Map 40113, Parcel 71 (Section 10.3)
Dear Ms. Gale:
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
Parcel 71 consists of two (2) parcels with a total of twelve theoretical development
rights. The parcel containing 15.56 acres, a residue of former Parcel 65 on Tax Map 56,
located on the southwest side of Thurston Drive contains five (5) theoretical
development rights. The tract containing 99.976 acres, located on the northeast side of
Thurston Drive contains seven (7) theoretical development rights. Two of these
development rights are derived from former Lots 27 and 28 of Thurston Subdivision. A
map showing the location of these parcels is enclosed. The basis for this determination
is summarized below beginning with the conveyance described in Deed Book 540, page
629.
Our records indicate that Tax Map 40B, Parcel 71 contains 115.536 acres and no
dwellings. This parcel is comprised of portions of tracts that were formerly designated
as Tax Map 40, Parcel 19 and Tax Map 56, Parcel 65. The property is not in an
Agricultural Forestal District. The most recent deed for this property is recorded in Deed
Book 934, page 568. The most recent deed for this parcel prior to the date of adoption
of the Albemarle County Zoning Ordinance (December 10, 1980) is recorded in Deed
Book 705, page 459.
Deed Book 540, page 629, dated November 15, 1973 conveyed 170.5 acres composed
of two tracts from Charles F. Thurston and Edith G. Thurston to Thurston Properties
Limited Partnership. The two tracts are described as follows:
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First: 139.1 acres, Tax Map 40-19 being the unsold part of 145.25 acres,
transferred on the land book as 144.13 acres, to Charles F. Thurston and Ruth B.
Thurston on November 29, 1944, recorded in Deed Book 261, page 365. Three
Tracts were previously conveyed from this parcel:
D. B. 295, p. 331, April 16, 1951, 0.23 acres to Austin
D. B. 333, p. 369, October 30, 1956, 3.48 acres to Haden
D. B. 457, p. 236, April 2, 1969, 1.32 acres to VEPCO
Second: 31.4 acres adjoining the above tract, Tax Map 40-20, and conveyed to
Ruth B. Thurston by George H. Belew and others by deed dated January 16,
1953, recorded in D.B. 304, p. 351 and devised by Ruth Thurston by her will to
her husband Charles Thurston an April 24, 1964.
Deed Book 543, page 438, dated January 2, 1974, conveyed 248.86 acres from William
W. Stevenson & Carol W. Stevenson to Thurston Properties Limited Partnership. The
property is described as being shown on a plat in Deed Book 470, page 225 and being
the same property conveyed to William Stevenson by Henry and Margaret Haden on
February 1, 1964 and recorded n Deed Book 395, page 367. It is identified as Tax Map
56-65 and 65A.
Deed Book 637, page 456 contains a deed of trust, dated December 2, 1977 that
conveyed a portion of the property conveyed by the deeds recorded in Deed Book 540,
page 629 and Deed Book 543, page 438 from Thurston Properties Limited Partnership
to John Dezio and Fred Landess, Trustees. The property is described as follows:
FIRST: All those 38 certain lots or parcels of land.... More particularly described
as Lots 1, 3, 4, 6, 7, 25 - 37 and 39 - 58 on a subdivision plat of Section One,
Thurston, made by W. S. Roudabush, Jr. dated December 1, 1977 attached
hereto and made a part hereof; and
SECOND: All that certain tract of land containing 95.676 acres, shown on said
plat as "Future Development, Section Two."
It is determined that the subdivision plat recorded with this Deed of Trust that
created the lots in Section One of Thurston also created the 15.56 acre area
southwest of Lots 43 through 48 as a separate parcel. This is a residue of former
parcel TMP 56-65 and is shown on an unrecorded plat by William Roudabush,
dated April 11, 1977. The 95.676 acre area designated as Section Two combines
the residue of former parcel TMP40-19 and former parcel TMP 56-65.
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Deed Book 705, page 459, dated November 25, 1980, conveyed five tracts of land from
Thurston Properties Limited Partnership to Caleb N. Stowe. The tracts are described as
follows:
1. Section One of Thurston Subdivision containing 32 lots recorded in D.B. 637,
p. 458;
2. Two lots fronting on State Route 810; Parcel B containing 2.58 acres and
Parcel A containing 3.19 acres recorded in D.B. 637, 197;
3. A strip of land between Lots 7 and 25 in Section One of Thurston Subdivision
recorded in D. B. 637, 458; (This provides access to Thurston Drive and is
part of the subject 99.976 tract. It is not shown on the plat as a separate
parcel.)
4. A tract on the north side of Thurston Drive containing 167.486 acres less and
except Lots 29 through 37 recorded in D. B. 637, p. 458; (The subject
99.976 tract is part of this tract. While the plat references original parcels
in the notes, the deed description references Deed Book 637, page
458 and describes the property as a single tract. The plat shows the
property as a single tract with no graphic depiction of former parcels
56/65 or 40/19. It is determined that this tract, shown on the December 1,
1977 plat as "FUTURE DEVELOPMENT- SECTION TWO- 95.676 ac." is a
separate lot of record per section 10.3 of the zoning ordinance.)
5. A tract on the south side of Thurston Drive containing 96.19 acres less and
except Lots 39 through 49 recorded in D. B. 637, p. 458. (The 15.56 acre
parcel is a portion of this tract. On the basis of this deed, it is determined
that this tract, shown adjacent to Lots 43 through 48 on the plat dated
December 1, 1977 is a separate lot of record per section 10.3 of the
zoning ordinance)
These tracts are shown on a plat by Morris Foster, recorded in Deed Book 708,
page 440 and described below.
Deed Book 708, page 440 contains a declaration, recorded on January 13, 1981, that
Caleb N. Stowe is the owner of three tracts of land shown on the attached plat made by
William Morris Foster, dated November 5, 1979, shown as the parcels containing
167.486 acres, 68.32 acres and 96.19 acres, and does hereby record the attached plat.
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This plat is titled "Composite Plat Of Braeburn Farm Containing In Aggregate
501.752 acres." The plat shows Thurston Drive, but does not show the Thurston
lots. It does not show the location of the parcels shown on the 1976 tax map. It is
determined that this plat does not serve to combine or vacate any parcels. This
plat shows tracts that existed prior to the creation of Thurston as well as tracts
that do not correspond to parcels as depicted on tax map. It is that the purpose
of this plat is to show the exterior boundary of the property owned by Caleb
Stowe. This transaction did not change the boundaries or effect the development
rights of the subject property.
Deed Book 771, page 263 contains a plat by William S. Roudabush, dated July 25,
1983. The plat combines Parcels 32, 33 and 34 on Tax Map 40B. This transaction did
not change the boundaries or effect the development rights of the subject
property.
Deed Book 817, page 108, dated September 26, 1984 conveyed an undivided thirty
nine forty-fifths interest in all those certain tracts or parcels of land containing in the
aggregate approximately 365 (364.886) acres from Caleb N. Stowe and Lynn Stowe to
Braeburn Limited Partnership. The property is described by reference to a plat by Morris
Foster, dated November 5, 1979, recorded in Deed Book 708, page 440, as all of the
501.752 acres shown within the boundary lines thereof, less and except the following:
The tracts of 68.32 (TMP 56/68G N/A) and 36.79 (Thurston Lot 37) acres
shown on the plat by Morris Foster dated November 5, 1979 and recorded in
Deed Book 695, page 68;
2. The tract of 29.346 acres shown the plat of November 5, 1979 on the north side
of State Route 240 enclosed by the lines connecting points E, F, G & H; (TMP
56/67, 67A & 67B N/A)
3. The 3.01 acres composing the 50 foot road shown on the plat of November 5,
1979 as "Thurston Drive";
4. The separate tract of .92 acre fronting on State Route 240 as shown on the
November 5, 1979 plat. (N/A)
This is a portion of the property conveyed to the grantor by the following deeds:
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Deed of Park View Corporation, dated August 27, 1980 of record in Deed Book
700, page 7.
Deed of Thurston Properties Limited Partnership, dated November 25, 1980 of
record in Deed Book 705, page 459.
Deed of Frank and Beverly Hereford, of record in Deed Book 731, page 692.
This transaction did not change the boundaries or effect the development rights
of the subject property.
Deed Book 817, page 111, dated October 9, 1984, conveyed an undivided three forty-
fifths interest in all those certain tracts or parcels of land containing in the aggregate
approximately 365 (364.886) acres from Felix J. Nuesch and Annamarie T. Nuesch to
Braeburn Limited Partnership. The property is described by reference to a plat by Morris
Foster, dated November 5, 1979, recorded in Deed Book 708, page 440, as all of the
501.752 acres shown within the boundary lines thereof, less and except the four tracts
described Deed Book 817, page 108. This transaction did not change the
boundaries or effect the development rights of the subject property.
Deed Book 817, page 113, dated September 18, 1984, conveyed an undivided three
forty-fifths interest in all those certain tracts or parcels of land containing in the
aggregate approximately 365 (364.886) acres from Raymond V. Long to Braeburn
Limited Partnership. The property is described by reference to a plat by Morris Foster,
dated November 5, 1979, recorded in Deed Book 708, page 440, as all of the 501.752
acres shown within the boundary lines thereof, less and except the four tracts described
Deed Book 817, page 108. This transaction did not change the boundaries or effect
the development rights of the subject property.
Deed Book 820, page 79 contains a plat by William S. Roudabush, dated October 9,
1984. The plat combines Parcels 29, 30, 31, 35, and 36 with parcel 32 on Tax Map 40B.
This transaction did not change the boundaries or effect the development rights
of the subject property.
Deed Book 913, page 370, dated December 19, 1986, contains a Deed of Trust
between Braeburn Limited Partnership and Joseph D. Miller, Jr. & Jerry H. Mathews.
This secured 440 acres identified in the attached Schedule A and more particularly
described by reference to a composite plat by Morris Foster, dated November 5, 1979
and revised December 15, 1986. Schedule A includes a 3.18 acre Parcel A, to be
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conveyed from Caleb N. Stowe to Braeburn L. P. by a deed dated December 12, 1986
and recorded hereafter. Based on a review of Deed Book 913 and Tax Map 40B, it is
apparent that the transfer of 3.18 acres did not occur. It is determined that this
composite plat did not consolidate any parcels. Its purpose was to identify the
property owned by Braeburn Farm L. P. Therefore, this transaction did not
change the boundaries or effect the development rights of the subject property.
Deed Book 921, page 485, dated January 20, 1987, contains a deed of exchange
between Braeburn Limited Partnership and Caleb N. Stowe. Braeburn Limited
Partnership conveyed 1.15 acres to Caleb N. Stowe. The property is described by
reference to a plat by Roudabush, Greene and Gale, Inc., dated January 12, 1987. The
1.15 acres is added to the existing Lot 7 and together shall constitute one Lot 7A
containing 3.91 acres. Caleb N. Stowe conveyed 5.45 acres to Braeburn Limited
Partnership. That parcel is comprised of Thurston Subdivision Lots 27 and 28. As a
result of this transaction, (+5.54 — 1.15) the acreage of the parcel located
northeast of Thurston Drive increased from 95.676 acres to 99.976 acres. Two
development rights were conveyed with the land that was comprised of Lots 27
and 28.
Deed Book 934, page 568, dated March 8, 1987, contains a Deed of Correction. It
conveyed a strip of land between Lots 7 and 25 in Section One of Thurston from Caleb
N. Stowe, Felix J. Nuech & Annamarie T. Nuesch and Richard V. Long to Braeburn
Limited Partnership. This corrects the deed recorded in Deed Book 817, pages 108, 111
and 113. The strip is shown on a plat by Roudabush, Greene and Gale recorded in
Deed Book 921, page 488.
There have been no off -conveyances since the recordation of this deed. Each of the
parcels described above are 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.
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.
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If you have any questions, please contact me.
Sincerely,
John Shepherd
Manager of Zoning Administration
Enclosure:
Copies: Braeburn Limited Partnership
1500 Thurston Drive
Crozet, VA 22932
Gay Carver, Real Estate Department
Ella Carey, Clerk Board of Supervisors
Reading Files
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