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Home My WebLink AboutLOD200700029 Action Letter 2017-07-12DUANE H. ZOBRIST* dzobrist@zoblawcom JOHN D. GRIFFIN# igriffm@zoblawoom *Also licensed in California t'Alm licensed in Georgia and Texas ZOBRIST LAW GROUP A PROFESSIONAL LIMITgD LIABILITY COMPANY ATTORNEYS AT LAW 3 BOAR'S HEAD LANE CHARLOTTESVILLE, VIRGINIA 22903 www.zoblaw.com October 3, 2007 Mr. William D. Fritz 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 — Manfred H. Nettek and Gabriele N. Heertje; TMP 50-34, 66-50 and 66-51 Dear Mr. Fritz: We believe the above -referenced tax parcels in AIbemarle County have a combined total of 30 theoretical development rights calculated as set forth below. Parcel 50-34A, also owned by applicants, may not be fizrther subdivided, as provided on the plat of Roger Ray dated May 24, 1994 and recorded in the real property records of Albemarle County in Deed Book 1416, Page 208. 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 TM parcels 50-34, 66-50 and 66-51 only. We enclose the fee of $120.00 for the determination of development rights of the referenced three (3) tax map parcels - $40 per tax map parcel. The owners acquired the property on August 19, 1998 pursuant to deed recorded in Deed Book 1740, Page 677. Existing TMP 50-34 (294.86 acres) was previously known as TMP 50-34 (14.86 acres), TMP 66-80 (275 acres) and TMP 66-52A (26 acres), and included the 21 acre parcel now known as TMP 50-34A as part of then designated TMP 66-80. The County William Fritz Ashanti Farm Parcel Determination Letter October 3, 2007 Page 2 of 5 redesignated these three parcels of record as TMP 50-34 as evidenced by its Real Property Transfer sheet combining the three tax map parcels based solely on the deed dated July 1, 1965 and composite plat of Frank A. Gregg dated June 1965 and recorded in Deed Book 409 Page 298. However, nothing in this deed, plat or tax records indicates that the owner desired that these three parcels be legally combined into one parcel of record. The deed simply refers to a "composite plat" prepared by Mr. Gregg for the convenience of showing the three contiguous parcels under common ownership, each of which remains separately described on the "composite plat". The last instrument of record prior to December 10, 1980 for TMP 50-34 that includes a plat is the above -referenced deed dated July 1, 1965 from Margaret H. Gibson and Walter D. K. Gibson, Grantors, to Robert P. Tibor and Leah Lee Tibor, Grantees, recorded in Deed Book 409 Page 298. This deed references three prior deeds transferring the three referenced parcels: (1) D.B. 276, page 572 dated 12-8-47 from David Loth and Helen Loth conveying 275 acres, (2) D.B. 319, page 206 dated 8-17-55 from Sadie Scott King conveying 14.86 acres, and (3) DB. 323, page 465 dated 4-020-56 from David Loth and Helen Loth conveying 26 acres. The last instrument of record prior to December 10, 1980 that includes a metes and bounds description for TMP 66-50, containing 14.75 acres, and 66-51, containing 64.25 acres, is a deed dated September 8, 1975 from Robert P. Tibor and Leah Lee Tibor to Walter F. Johnson and Loyce P. Johnson and recorded in Deed Book 582, Page 438. This deed still referenced "Land Parcels 50-34, 66-52A and 66-80" with respect to the 315.86 acres transferred in Deed Book 409, Page 298. Additionally, with respect to TMP 66-51 containing 64.25 acres, the deed states that it is "composed of Lot 1, containing 49.25 acres, more or less, and the Dower Lot, containing 15 acres, more or less, shown on plat recorded in said Clerk's Office in D.B. 191, page 268, and described by metes and bounds as follows:..." Finally, with respect to TMP 66-50 containing 14.75 acres, this deed references a plat recorded in D.B. 129, page 311, and then goes on to contain the metes and bounds description. No other deeds or instruments are recorded with respect to the subject land until 1986, after the amendment to the zoning ordinance in December 1980. No portion of the land has been subdivided, other than a 21 acre parcel referenced above which may not be further subdivided, which did not utilize a development right, and which is a portion of the 275 acre parcel originally bearing the designation as TMP 66-80. As a result of the foregoing deeds, we are of the opinion that the subject property consists of six (6) parcels of record in existence as of December 10, 1980, each of which exceed 10 acres. Therefore, as a result, the subject property has 30 theoretical development rights -- five (5) development rights per parcel of record. A summary of each parcel and its size as of December 1980 is as follows: William Fritz Ashanti Farm Parcel Determination Letter October 3, 2007 Page 3 of 5 Size Original D.B. Original TMP Current TMP (Acres) Reference TMP 50-34 TMP 50-34 14.86 DB 319, P 206 TMP 66-80 TMP 50-34 275.00 DB 276, P 572 TMP 66-52A TMP 50-34 26.00 DB 323, P 465 TMP 66-50 TMP 66-50 14.75 DB 129, P 311 TMP 66-51 TMP 66-51 49.25 DB 191, P 268 TMP 66-51 TMP 66-51 15.00 DB 191, P 268 In addition to the five development rights per parcel of record as of December 1980, originally designated TMP 66-80 (275 acres) has at least 12 theoretical parcels of a minimum size of 21 acres each (of which one has been used in the creation of TMP 50- 34A), and originally designated TMP 66-51 (49 acres) has at least 3 theoretical parcels of a minimum size of 21 acres each. 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 original 6 parcels. A list of all such deeds and plats is attached hereto as Exhibit A. With the exception of the creation of a 21 acre parcel from the original 275 acre parcel by a Certificate of Plat filed on May 24, 1994 in Deed Book 1416, Page 208, none of the deeds or instruments convey or apportion any of the subject property or any of its development rights. The property has remained as contiguous parcels under common ownership since 1969. Sincerely, 00- JohQ. Griffin Enclosures cc: Manfred Nettek Gabriele Heertj e William Fritz Ashanti Farm Parcel Determination Letter October 3, 2007 Page 4 of 5 I20:4:I1:31-00 ASHANTI FARM DEEDS (in chronological order) Deed dated March 26, 1904 from W.L. Ellis and Maggie Ellis to Alexander Stevens recorded in Deed Book 129, Page 310 conveying 14.75 acres, together with plat. Deed dated October 19, 1925 from Blanche Biggers to Frank Biggers recorded in Deed Bookl91, Page 266 conveying the 15 acre Dower Lot and 49.25 acre lot, together with plat. Deed dated July 1, 1965 from Margaret Gibson and Walter Gibson to Robert Tibor and Leah Lee Tibor recorded in Deed Book 409, Page 298 conveying three parcels: (1) 275 acres (TMP 66-80), (2) 14.86 acres (TMP 50-34), and (3) 26 acres (TMP 66-52A), together with a plat thereof. Deed dated September 6, 1968 from Robert Beck and Frances Beck to Robert Tibor and Leah Lee Tibor recorded in Deed Book 448, Page 500 conveying (1) 14.75 acres, (2) 15 acres and (3) 49.25 acres. Deed dated August 18, 1969 from Orbin Carter, Special Commissioner, to Robert Tibor and Leah Lee Tibor recorded in Deed Book 462, Page 505 conveying the remaining interests in the three foregoing parcels. Deed dated September 8, 1975 from Robert P. Tibor and Leah Lee Tibor to Walter F. Johnson and Loyce P. Johnson recorded in Deed Book 582, Page 438 conveying the 6 parcels totaling 394.87 acres. Deed dated December 9, 1986 from Walter F. Johnson and Loyce P. Johnson to Robert A. Coerver, Jr. recorded in Deed Book 913, Page 213, together with a plat thereof. Deed dated April 8, 1987 from Robert A. Coerver, Jr. to Pagebrook Partnership recorded in Deed Book 936, Page 209 conveying the 394.87 acres. Deed dated June 30, 1993 from Pagebrook Partnership to Page Brook Farm, Inc. recorded in Deed Book 1323, Page 345 conveying the 394.87 acres. Deed of Trust dated July 7, 1993 from Page Brook Farm, Inc. to Steven Blaine and Wendell Winn, Trustees recorded in Deed Book 1323, Page 348. William Fritz Ashanti Farm Parcel Determination Letter October 3, 2007 Page 5 of 5 Certificate of Plat recorded in Deed Book 1416, Page 207 subdividing a 21 acre lot off of the original 275 acre lot. Certificate of Satisfaction recorded in Deed Book 1417, Page 258 with respect to the foregoing Deed of Trust. Deed dated May 17, 1996 from Page Brook Farm, Inc. to Steven W. Silver recorded in Deed Book 1537, Page 385 conveying the 394.87 acres. Vacation of Easement dated June 10, 1998 among Steven W. Silver, Broomfield Incorporated and Peter R. TayIor recorded in Deed Book 1739, Page 156 vacating an unused access easement across the subject property for the benefit of the neighboring property (Eldon Farm). Deed dated August 19, 1998 from Steven W. Silver to Manfred H. Nettek and Gabriele W. Heertje recorded in Deed Book 1740, Page 677 conveying the 394.87 acres. Deed of Trust dated January 4, 2006 from Manfred Nettek and Gabriele Heertje to BB&T-VA Collateral Service Corporation recorded in Deed Book 3135, Page 99 pledging the 394.87 acres as security for repayment of a note. Assignment of Rents and Leases from Manfred Nettek and Gabriele Heertje to Branch Banking & Trust Company of Virginia recorded in Deed Book 3135, Page 108.