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HomeMy WebLinkAboutLOD200800020 Other 2017-07-12DUANE H. ZOBRIST* dzobrist@zoblaw.com JOHN D. GRIFFINt lgdffin@zoblawcom *Also Goensed in CaUbmia tAlso licensed in Georgia and Texas ZOBRIST LAW GROUP A PROFESSIONAL LIMITED LIABILITY COMPANY ATTORNEYS AT LAW 3 BOAR'S HEAD LANE CHARLOTTESVILLE, VIRGINIA 22903 www.zoblaw.com October 13, 2008 Mr. Ron Higgins Chief of Zoning Albemarle County Department of Community Development 401 McIntire Road North Wing Charlottesville, VA 22902 PHONE: 434-977-9666 FACSIMILE: 434-977-0326 Re: Determination of Development Rights — TMP 103-16B, TMP 103-16D, TMP 113-02A, TMP 102-39J Dear Mr. Higgins: We believe the above -referenced tax parcels in Albemarle County have a combined total of 20 theoretical development rights calculated as set forth below. In addition, TMP 103-16D, containing 50.02 acres, has at least one residual parcel in excess of 21 acres. All references to deeds herein are to the real property records of the Circuit Court of Albemarle County, Virginia. We are requesting a determination of development rights with respect to the foregoing 4 tax map parcels. We enclose the fee of $160.00 for the determination of development rights of the referenced four (4) tax map parcels - $40 per tax map parcel. The current owners acquired all four parcels on October 9, 2000 pursuant to a Deed recorded in Deed Book 1970, Page 313. The 1979 Tax Map references all 4 tax map parcels. The last instrument of record prior to December 10, 1980 for TMP 103-16D containing 50.02 acres that includes a plat is the Deed of Correction dated January 12, 1973 between Bernice E. Beach, Grantor, and Hamilton and Janice Creasy, Grantees, and recorded in Deed Book 524 Page 203. This plat is referenced in that Deed from Lyn M. and A.N.B Robertson, Grantors, to Brooks and Greta Talton, Grantees, recorded in Deed Book 592, Page 305. Ron Higgins Chief of Zoning Quandry Farm Development Rights Determination Letter August 21, 2008 Page 2 of 4 The last instrument of record prior to December 10, 1980 that includes a plat for TMP 103-16B containing 13.43 acres is a deed dated June 30, 1972 from Bernice Beach to William H. and Marianne E. Browning, Grantees, and recorded in Deed Book 510, Page 33. This plat is referenced in a Deed dated June 19, 1981 from Marianne E. Browning to Brooks M. and Greta H. Talton, Grantees, and recorded in Deed Book 721 Page 294. The last instrument of record prior to December 10, 1980 that includes a plat for TMP 113-02A containing 20.428 acres is a deed dated August 26, 1977 from David Wood, Jr., Special Commissioner, to Brooks M. Talton, Jr. and Greta B, Talton, Grantees and recorded in Deed Book630, Page 413. This plat references 20.56 acres. The last instrument of record prior to December 10, 1980 that includes a plat for TMP 102-39J containing 10.17 acres is a deed dated July 5, 1972 from Bernice Beach to Gordon Carlton Baird, Jr. and Rebecca C. Baird, Grantees, and recorded in Deed Book 509, Page 608. This plat is referenced in a Deed dated March 10, 1976 from Gordon Carlton Baird, Jr. and Rebecca Baird, Grantors, to Brooks Mims Talton and Greta H. Talton, Grantees, and recorded in Deed Book 597 Page 547. Pursuant to a Boundary Line Agreement made November 19, 1984 between Brooks Talton and Charles A. Faulknier, et al. and recorded in Deed Book 821, Page 552, a corrected plat of their common boundary was recorded. No development rights were transferred pursuant that adjustment. I enclose all deeds and instruments of record since December 10, 1980, as well as deeds and plats of record prior to December 10, 1980 referencing the 4 parcels. A Iist of all such deeds and plats is attached hereto as Exhibit A. None of the deeds or instruments conveys or apportions any of the subject property or any of its development rights. The property has remained as contiguous parcels under common ownership since 1981. Sincerely, O Duane H. Zobrist Enclosures cc: Matthew Singleton Elizabeth Muse Ron Higgins Chief of Zoning Quandry Farm Development Rights Determination Letter August 21, 2008 Page 3 of 4 EXHIBIT A QUANDRY FARM DEEDS (in chronological order) Deed dated 12 January 1973 from Bernice E. Beach to Hamilton E. Creasy and Janice S. Creasy recorded in Deed Book 524, Page 203 conveying 50.2 acres, together with plat. (TMP 103 -16D) Deed dated 10 March 1976 from Gordon Carlton Baird Jr. and Rebecca C. Baird to Brooks Mims Talton and Greta H. Talton recorded in Deed Book 597, Page 547 conveying 10.17 acres. (TMP 102-39J) Deed dated 17 March 1976 from Lyn M. Robertson and A.N.B. Robertson to Brooks M. Talton and Greta H. Talton recorded in Deed Book 592, Page 305 conveying 50.2 acres. (TMP 103-16D) Deed dated 26 August 1977 from David J. Wood, Jr. to Brooks M. Talton, Jr. and Greta H. Talton recorded in Deed Book 630, Page 413 conveying 20.56 acres, together with plat. (TMP 113-2A) Deed dated 19 June 1981 from Marianne E. Browning to Brooks M. Talton, Jr. and Greta H. Talton recorded in Deed Book 721, Page 294 conveying 13.43 acres. (TMP 103-1613) Deed dated 19 November 1984 from Charles A. Falknier to Brooks M. Talton recorded in Deed Book 821, Page 0552, accurately delineating boundary line, together with plat. (TMP 103-161), TMP 102-39J) Deed dated 31 March 1988 from Brooks M Talton and Greta H. Talton to Brooks M. Talton and Regina Soniet Talton recorded in Deed Book 1068, Page 0076 conveying 50.2 acres, 13.43 acres, 10.17 acres, and 20.56 acres. (TMP 103-16D, TMP 103-16B, TMP 102-39J, TMP 113-2A) Deed dated 28 November 1995 from Brooks M Talton to Cornelia C. Goddin and Christopher C. Baumer recorded in Deed Book 1506, Page 0726 conveying 50.2 acres, 13.43 acres, 10.17 acres, and 20.56 acres. (TMP 103-I6D, TMP 103-16B, TMP 102-39J, TMP 113-2A) Ron Higgins Chief of Zoning Quandry Farm Development Rights Determination Letter August 21, 2008 Page 4 of 4 Deed dated 9 October 2000 from Cornelia C. Goddin and Christopher C. Baumer to Matthew R. Singleton and Elizabeth St. Cloud Muse recorded in Deed Book 1970, Page 0313 conveying 50.2 acres, 13.43 acres, 10.17 acres, and 20.56 acres. (TMP 103-16D, TMP 103-16B, TMP 102-39J, TMP 113-2A) Deed dated 3 April 2001 from Matthew R. Singleton and Elizabeth St. Cloud Muse to Cecil A. Johnson and Anita M. Johnson recorded in Deed Book 2045, Page 0052 conveying 0.059 acres, together with plat. (TMP 113-2A) Deed dated 17 March 2004 from Matthew R. Singleton and Elizabeth St. Cloud Muse to Matthew Richard Singleton and Elizabeth St. Cloud Muse Living Trust, dated March 17, 2004 recorded in Deed Book 2886, Page 112 conveying 50.2 acres, 13.43 acres, 10.17 acres, and 20.56 acres. (TMP 103-16D, TMP 103-16B, TMP 102-39J, TMP 113-2A) Deed dated 18 August 2005 from Matthew Richard Singleton and Elizabeth St. Cloud Muse Living Trust to Matthew R. Singleton and Elizabeth St. Cloud Muse recorded in Deed Book 3056, Page 222 conveying 50.2 acres. (TMP 103-16D) Deed dated 22 August 2005 from Matthew R. Singleton and Elizabeth St. Cloud Muse to Matthew Richard Singleton and Elizabeth St. Cloud Muse Living Trust recorded in Deed Book 3056, Page 245 conveying 50.2 acres. (TMP 103-16D)