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HomeMy WebLinkAboutLOD200700013 Action Letter 2017-07-12LR LECLAIR RYAN A Professional Corporation P.U. Box 2017 123 FWt NUn Street, Sth Moor charlotrmig-, Viginia 22902-2017 Phone: 434.245,3444 Fax: 434.296.0905 May 3, 2007 County of Albemarle Community Development 401 McIntire Road, North Building Charlottesville, VA 22902 Attention: Ms. Ana Kilmer Re: Eagle Hill Farm — Development Rights Determination Dear Ms. Kilmer: ATTORNEYS AT LAW LORI H. SCHWELLER lori.schweUer@ledairryan.com Direct Dial: 434.245.3448 Direct Fax: 434.296.0905 On behalf of Jeffrey F. Buckalew and Corinne S. Buckalew, owners of Eagle Hill Farm on Route 601/Free Union Road in Albemarle County, Virginia (the "Property"), I am requesting an official determination of development rights for the Property, which is comprised of a single tax map parcel, 43-40A, and two parcels of record. Enclosed are the following: 1. Application for Parcel of Record Determination or Development Rights Determination; 2. Check in the amount of $40.00 payable to the County of AIbemarle; 3. Tax Map pages 43 and 44 with the property highlighted; 4. Copy of a plat of survey by Thomas B. Lincoln Land Surveyor, Inc. entitled, "Plat Showing a Physical Survey of Tax Map 43, Parcel 40A, Eagle Hill Farm, located at the intersection of State Routes 601 and 829, Albemarle County, Virginia," dated November 7, 2006, last revised November 16, 2006; 5. All plats and deeds of record after December 10, 1980 until present date; and 6. Deeds and plats of record prior to December 10, 1980 to show metes and bounds descriptions (by plats, not description). As of the date of the implementation of the zoning ordinance on December 10, 1980, the Property was comprised of seven (7) parcels of record. The Property was acquired by Scripps Enterprises, Inc. by deed, dated June 28, 1996, as two parcels, Parcel One, containing approximately 192.4 acres, and Parcel Two, containing 10 acres. The last deed of record for Parcel One before the zoning ordinance was from James F. Lewis, Jr. and Rosemary R. Lewis to Edward W. Scripps and Betty Knight Scripps, dated October 18, 1978, recorded in Deed Book 659 page 367 and refers to the Alexandria Blacksburg Charlottesville • Glen Allen New York • Norfolk Richmond Roanoke • Virginia Beacb - Washington DC www.leclairryan.com Development Rights Determination Request Eagle Hill Farm May 3, 2007 Page 2 of 2 plat recorded in Deed Book 419, page 157, the last plat of record for Parcel One. The Lewis/Scripps deed conveyed the following six (6) parcels, which are part of that Parcel One: Parcel A — 103.31 acres Parcel B — 25.24 acres Parcel C — 4.4 acres Parcel E —1.5 acres Parcel F — 8.82 acres Parcel G — 49.89 acres. Each parcel would have five (5) theoretical development rights in addition to its right to a 21- acre by -right parcel, but Parcels C, E, and F have fewer than ten (10) acres so cannot be divided into five two -acre parcels. Therefore, I calculate Parcels A, B, and G to have fifteen (15) development rights (not including the 21-acre by -right parcel); Parcel C to Nive 2; Parcel E to have 1 (can't be divided); and Parcel F to have 4 so that these six (6) parcels of Parcel One to have a total of twenty- two (22) development rights not including the 21-acre by -right parcels. Subsequent conveyances had no effect on the number of rights. The last deed of record for Parcel Two (10 acres) before the zoning ordinance was enacted is the deed from Magruder Dent, Jr. and Rosemary R. Dent to themselves (to establish tenancy -by -the - entirety ownership), dated June 17, 1955, recorded in Deed Book 317, page 109. The property was part of a 50.9 acres tract shown on a 1942 plat in Deed Book 255, page 259. By deed of Rosemary R. Dent to First Scripps League Realty Co., dated December 16, 1994, recorded in Deed Book 1451, page 598, the ten -acre parcel ("Parcel X") was divided off the parent tract and added to Parcel One. On the plat by Roger Ray showing the ten -acre tract being added to the 192.83 acre tract, it is noted that TMP 44-1, the parent tract, retained all of its development rights; so the ten -acre tract has no development rights. Therefore, it appears that the current TMP 43-40A contains seven (7) parcels with a total of twenty-two (22) development rights. Please let me know if you need additional information or have questions regarding our request to provide an official determination of development rights for the Property. Very truly yours, C ok Jta� Lori H. Schweller Enclosures cc: Jeffrey F. and Corinne S. Buckalew