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Home My WebLink AboutLOD200400025 Other 2017-07-12LR LECLAIR RYAN A Professional Corporation 123 East Main Street 8th Floor Charlottesville, Virginia 22902 434.245.3444 August 19, 2004 Mr. John Shepherd Manager of Zoning Administration Department of Building Code and Zoning Services County of Albemarle 401 McIntire Road Charlottesville, Virginia 22902 ATTORNEYS AT LAW TARA ROWAN BOYD tboydQa leclainyan.com Direct Dial: 434,245.3429 Direct Fax. 434.245.3459 Re: Division ri llts determination for the Lodge Property Tax Mgp 102 Parcels 35B 37 and 37P, and Tax Map 103, Parcel 10A� Dear Mr. Shepherd: This is to request a division rights determination for the referenced parcels, all of which are zoned Rural Areas. Enclosed please find the request form, together with a check for the $40.00 processing fee and copies of the relevant tax map pages and referenced documents. Following is my calculation of the property's development rights, which I would like you to verify. TMP 102-35B; 61.95 acres. This property supports a single dwelling and agricultural fields, and is in land use. Prior to December 10, 1980, the property was a single parcel containing approximately 64.6688 acres, shown on plats dated March 6, 1968 and August 8, 1969, and recorded in Deed Book 441, page 31 fia and Deed Book 621, page 643, respectively. The parcel was owned by Jane -Howard Hammerstein by deed dated May 16, 1977 and recorded in Deed Book 621, page 641. By deed dated February 11, 1982, and recorded in Deed Book 734, page 644, Ms. Hammerstein conveyed the parcel to John W. Kluge. Mr. Kluge transferred the property to JWK Properties, Inc. by deed dated December 10, 1984 and recorded in Deed Book 824 age 63. That deed describes the property with reference to an attached, new plat showing the acreage for the parcel as 61.9505 acres (see page 72), and notes that the prior plats of the property misstated the acreage. As no instrument appears in the chain of title conveying off any portion of the property, the discrepancy in acreage appears in fact to be due to a misstatement of the acreage and/or changes in the alignments of State Routes 727 and 627. JWK Properties, Inc. transferred the property to James W. Faulconer, Trustee of the Oregon Land Trust by deed dated October 17, 1997 and recorded in Deed Book 1652, page 58 I, which then transferred the property to Patricia M. Kluge by deed dated September 20, 2002 and recorded in Deed Book 2353, page 190. Ms. Kluge transferred the property to House & Garden Company, L.L.C., by deed dated September 20, 2004 and recorded in Deed Book 2366, page 494 (correcting instrument recorded in Deed Book 2353, page 194. By Certificate of Amendment issued August 18, 2003 and recorded in Deed Book 2696, page 734, House & Garden Company, L.L.C. Alexandria - Blacksburg � Charlottesville Glen Allen � Norfolk • Richmond � Roanoke • Washington DC www.Ieclairryan.c0m Mr. John Shepherd Department of Building Code and Zoning Services August 19, 2004 Page 2 of 3 changed its name to Kluge Estate Winery and Vineyard, L.L.C., the current owner of the property. Based on the foregoing, it appears that the property retains its original five development rights. TMP 102-37; 78.125 acres. This property supports several storage buildings and agricultural fields, and is in land use. Prior to December 10, 2980, the property consisted of two parcels: one containing 0.3312 acres shown on plat dated August 8, 1969 and recorded in Deed Book 621, page 643 and the second containing approximately 79.1 acres and described on a plat dated May 23, 1975 and recorded in Deed Book 577, page 378, as the residue of a larger parcel {the plat of the larger parcel is recorded in Deed Book 250, page 54}. The property was owned by William C. Thacker, Jr. and Joann W. Thacker by deed dated May 23, 1980 and recorded in Deed Book 694, page 377. The Thackers conveyed the property to John W. Kluge by deed dated February 10, 1984 and recorded in Deed Book 789, page 185. The deed to John Kluge describes the property with reference to an attached, new plat describing the total acreage for the three parcels as 78.1251 acres. The deed and attached plat do not explain the 0.9749-acre discrepancy between the acreage shown and the acreage of record. Because no out -conveyance of this area appears of record, the discrepancy is likely due to changes in the alignment of State Route 627. Mr. Kluge transferred the property to JWK Properties, Inc. by deed dated December 10, 1984 and recorded in Deed Book 824, pale 63, from which point the chain of title follows that of T>t,1P 102-35B. Based on the foregoing, it appears that the property retains one development right for the 0.3312-acre parcel and five development rights for the 79.1- acre parcel, for a total of six development rights. TMP 102-37P; 2.022 acres. This property supports a single dwelling and agricultural fields Prior to December 10, 1980, the property was a single parcel containing 2.022 acres as shown on a plat dated May 23, 1975 and recorded in Deed Book 577, page 378. The property was owned by Arlene Victoria Serafmi by deed dated November 20, 1979 and recorded in Deed Book 708, page 211). Ms. Serafini conveyed the property to Christine -Hirsh Putnam and Robert George Putnam by deed dated November 12, 1992 and recorded in Deed Book 1276, page 3 5. The Putnams conveyed the property to James W. Faulconer, Trustee of the Oregon Land Trust by deed dated September 10, 1998 and recorded in Deed Book 1750, page 468. The Trust conveyed the property to Patricia M. Kluge by deed dated May 23, 2003 and recorded in Deed Book 2467, page 286. Ms. Kluge transferred the property to House & Garden Company, L.L.C. by deed dated June 2, 2003 and recorded in Deed Book 2478, page 202. By Certificate of Amendment issued August 18, 2003 and recorded in Deed Book 2696, page 734, House & Garden Company, L.L.C. changed its name to Kluge Estate Winery and Vineyard, L.L.C., the current owner of the property. Based on the foregoing, it appears that the property retains its original, single development right. TMP 103-10A; 22.753 acres. This property supports a winery and associated dependencies along with agricultural fields, and is in land use. Prior to December 10, 1980 the property consisted of approximately 20.8 acres as described in the deed to the then -owner, Mary Regina LeJeune, dated September 27, 1962 and recorded in Deed Book 382, page 151. No plat of the property prior to December 10, 1980 was discovered in the land records. Ms. LeJeune conveyed the property to John W. Kluge by deed dated March 1, 1982 and recorded in Deed Book 734, page 646. Mr. Kluge oat 1N00 114 1A10 Mr. John Shepherd Department of Building Code and Zoning Services August 19, 2004 Page 3 of 3 transferred the property to JWK Properties, Inc. by deed dated December 10, 1984 and recorded in Deed Book 824, page 63, from which point the chain of title follows that of TMP 102-35B. Based on this history, it appears that the property retains its original five development rights. Conclusion. The parcels in question together contain 17 development rights. These development rights are retained in addition to parcels that may be divided as a matter of right within the RA zoning classification into parcels of 21 acres or more from the residue. I respectfully request your determination. Please contact me if you have further questions regarding the subject property. Ve truly yours Tara Rowan Boyd, Esq. E,-„ losures C.c. (w/o enc.): William I Moses