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HomeMy WebLinkAboutLOD200400030 Other 2017-07-12ER LECLAIR RYAN A Professional Corporation 123 East Main Street 81h Floor Charlottesville, Virginia 22902 434.245.3444 NOV 0 12004 October 28, 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 tboyd@leclairryan.com Direct Dial: 434.245.3429 Direct Fax: 434.245.3459 Re: Division rights determination for Tax Map 29 Parcel 33, belonging to the Jane Scatena Revocable Trust - Dear Mr. Shepherd: This is to request a Division Rights Determination for the referenced parcel (the "Property"), which is zoned Rural Areas. Enclosed please find the completed request form, together with a check for the $40.00 processing fee and copies of the tax map and referenced documents. Following is my calculation of the Property's development rights, which I would like you to verify. The Property supports a single residence and associated dependencies. Prior to December 10, 1980, the property was a single parcel owned by Nella B. Via. Ms. Via acquired the Property by will of her husband, Guy A. Via, who passed away March 18, 1973, and whose will is recorded in Albemarle County Will Book 47, page 537. No plat of record depicts the Property at or prior to December 10, 1980, and the acreage of the property at that time is estimated at 150.47 acres based on the following instruments: (1) deed to Guy A. Via dated March 5, 1926 and recorded in Deed Book 193, page 52, which describes the Property as a 160.13-acre parcel less two off -conveyances of 2 acres and 1 acre, respectively, (2) deed from Guy and Nella Via to their adoptive son, Roy L. Bailey, of a 6.66-acre portion of the Property dated April 18, 1964 and recorded in Deed Book 397, page 90 (160.13 - 1 - 2 - 6.66 = 150.47). Nella B. Via passed away on March 19, 1985 and devised the Property to Roy L. Bailey by instrument recorded in Will Book 62, page 640. By a 1985 deed to Rivanna Water and Sewer Authority recorded in Deed Book 864, page 32, two sections of the Property were taken for the special purpose of constructing a reservoir on Buck Mountain Creek. The first taken section was depicted on Exhibit C to the 1985 deed as Parcel "A" and contained 27.724 acres. The second taken section was a portion of the parcel depicted on Exhibit C to the 1985 deed as Parcel `B.- Parcel "B" contained 28.074 acres, of which approximately 4.5 acres came from former TMP 29-33A1 (see plat recorded in Deed Book 239, page 287), so this taken section removed only 23.574 acres from the Property. The takings in the 1985 deed left the Property with a total of approximately 99.172 acres. Alexandria - Blacksburg - Charlottesville � Glen Allen - Norfolk - Richmond - Roanoke Washington DC WWW.leclairryan.com Mr. John. Shepherd Department of Building Code and Zoning Services October 28, 2004 Page 2 of 2 By prior holding of your office it was determined that the 1985 takings by Rivanna Water and Sewer Authority for construction of the Buck Mountain Reservoir did not transfer development rights from the affected properties. Therefore, the five development rights that belonged to the Property on December 10, 1980 remained with the Property after the 1985 takings. By deed dated March 17, 1998 and recorded in Deed Book 1694, page 381, Roy L. Bailey conveyed the Property to Bailey Realty, LLC (note that the deed book reference for the prior conveyance recited in this deed is incorrect). By deed dated July 6, 1999 and recorded in Deed Book 1837, page 742, Bailey Realty, LLC conveyed the Property to Rex and Jane Scatena. The Scatenas recorded a plat of the Property dated August 20, 1999 in Deed Book 1862, page 64, correcting the total acreage to 137.982 acres based on a current survey. Although this is a significant difference from the acreage obtained by subtracting off -conveyances from the original 1926 description (which reproduces a description from an 1877 deed to the Property), the chain of title did not reveal a transfer that would explain the discrepancy. It is therefore our opinion that the difference between the acreages contained in the 1999 survey and in the chain of title results from inaccuracies in the deed descriptions of the property and not from any unaccounted-for transfer of a portion of the Property. By deed dated January 21, 2002 and recorded in Deed Book 2158, page 482, the Scatenas conveyed the Property to the present owner, Jane A Scatena, as Trustee of the Jane Scatena Revocable Trust Agreement Dated June 30, 2000. Based on the above analysis, it appears that the Property retains all of its original five 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. V rs Tara Rowan Boyd, Enclosures C.c. (w/o enc.): Mr. and Mrs. Rex Scatena