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Home My WebLink AboutLOD200400010 Action Letter 2017-07-12 (2)U LECLAIR RYAN A Professional Corporation 123 East Blain Street 811, Floor Charlottesville, Virginia 22902 434.245.3444 April 6, 2004 Mr. John Shepherd Manager of Zoning Administration Department of Building Code and Zoning Services C, anty of Albemarle 401 McIntire Road Charlottesville, Virginia 22902 ATTORNEYS AT LAW TARA ROWAN BOYD tboyd@lcclairryan.com Direct Dial: 434.245.3429 Direct Fax: 434.245.3459 Re_ Division rights determination for Ellerslie (Tax Map 103, Parcels 1, IB, 1C, 1D, IE, 1 F and I G) 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 referenced documents. Following is my calculation of the property's development rights, which I would like you to verify. TMP 103-1; 144.27 acres. This property supports several agricultural buildings but no dwellings, and is in land use. Prior to December 10, 1980, the property was a single, 144.27-acre parcel owned by Short Hills, Inc. by deed dated June 14, 1979 and recorded in Deed Book 674. page 253. The parcel is shown on a plat recorded in Deed Book 429, page 433. The property was transferred in its entirety to John W. Kluge by deed dated March 3, 1982, recorded in Deed Book 735, page 16'), who conveyed it to JWK Properties, Inc. by deed dated December 10, 1984 and recorded in Deed Book 824, page 63. It was then transferred intact to the University of Virginia Real Estate Foundation by deed dated January 8, 2001 and recorded in Deed book 2029, page 237, and then to the current owner, the University of Virginia Foundation, by deed dated March 22, 2004 and recorded in Deed Book 2712, page 325 (together, the "UVA Deeds"). Based on this history, it appears that TMP 103-1 retains its original five development rights. TMP 103-1B; 97.67 acres. This property contains a chapel and dependencies, but no dwellings, and is in land use. Prior to December 10, 1980, the property was part of a larger parcel containing 156.111 acres and was owned, along with three other parcels, by Short Hills, Inc. by deed dated January 1, 1977 and recorded in Deed Book 702, page 24. The property as then configured is shown as parcel "A" on a plat recorded in Deed Book 349, page 62B (this plat is incorrectly rcferenced in the deed to Short Hills, Inc. as located in Deed Book 344, page 63.) The property was then conveyed intact to John W. Kluge by deed dated March 3, 1982 and recorded in Deed Book 735, page 163, who conveyed it to JWK Properties, Inc. by deed dated December 10, 1984 and recorded in Alexandria • Blacksburg • Charlottesville • Glen Allen - Norfolk - Richmond - Roanoke - Washington BC www.leclairryan.com Mr. John Shepherd Department of Building Code and Zoning Services April 6, 2004 Page 2 of 3 Deed Book 824, page 63. In 2000, John W. Kluge resubdivided the property as part of a larger re subdivision involving current TMP 102-35, 35A and 35C, which plat is recorded in Deed Book 1957, page 698. The plat notes that TMP 103-113 now contains 97.67 acres and retains its five development rights. The resulting parcel was conveyed the current owner by the UVA Deeds. Based on the existence of the property as a separate parcel in 1980 and its express retention of all five development rights when subdivided in 2000, it appears that TMP 103-1B contains five development rights. TMP 103-1C; 1.42 acres. This property supports one dwelling and is not in land use. Prior to December 10, 1980, the property was belonged to William Robert Hammond and Cynthia Ann Hammond by deed dated August 13, 1979 and recorded in Deed Book 678, page 52. The property was conveyed without change in acreage or configuration to JWK Properties, Inc. by deed dated October 13, 1986 and recorded in Deed Book 907, page 223. and then to the current owner by the UVA Deeds. A plat of the property is located in Deed Book 384, page 183. Based on this history, it appears that TMP 103-1C contains one development right. TMP 103-1D; 7.18 acres. This property supports the historic Ellershe house and is in land use. Prior to December 10, 1980, the property belonged to John Douglas Clark and Joan Livers Clark by deed dated June 15, 1971 and recorded in Deed Book 490, page 546. The property was conveyed without change in acreage or configuration to John W. KIuge by deed dated April 27, 1982, and recorded in Deed Book 741. page 507; then to JWK Properties, Inc. by deed dated December 10, 1984 and recorded in Deed Book 824, page 63; then finally to the current owner by the UVA Deeds. A plat of the property is recorded in Deed Book 824, page 74. Based on this history, it appears that TMP 103-1 D contains three development rights. TMP 103-1E; 326.23 acres. This property supports a single dwelling and dependencies and is in land use. Prior to December 10, 1980, the property was a single parcel of 326.23 acres belonging to Short Hills, Inc. by deed dated January 1, 1977 and recorded in Deed Book 702, page 24. A plat of the property is recorded in Deed Book 398, page 555. The property was conveyed intact to John W. Kluge by deed dated March 3, 1982, recorded in Deed Book 735. page 163, who then conveyed it to JWK Properties, Inc. by deed dated December 10, 1984 and recorded in Deed Book 824. page 63. The property was conveyed to its current owner by the UVA Deeds. Based on the above, it appears that TMP 103-1 E retains its original five development rights. TMP 103-1F; 3.01 acres. This property supports one dwelling and is in land use. Prior to December 10, 1980, the property was a single parcel of 3.01 acres belonging to Neal W. Wilkerson and Kay M. Wilkerson by deed dated November 28, 1979, recorded at Deed Book 686, page 137. A plat of the property is recorded at Deed Book 398, page 555. The property was conveyed to John W. Kluge by deed dated June 28, 1982 and recorded in Deed Book 741, page 510. and then to JWK Properties, Inc. by deed dated December 10, 1984 in Deed Book 824, page 63. The property was conveyed to its current owner by the UVA Deeds. Based on the above, it appears that TMP 103-IF contains 1 development right. Mr. John Shepherd Department of Building Code and Zoning Services April 6, 2004 Page 3 of 3 TMP 103-1G; 4.14 acres. This property supports no dwellings and is not in land use. Prior to December 10, 1980, the property was a single parcel of 4.14 acres owned by Stanley B. Leap by deed dated April 6, 1976 and recorded in Deed Book 593. page 343. A plat of the property is recorded in Deed Book 398, page 555. The property was then conveyed to JWK Properties, Inc. by deed dated August 14, 1985 and recorded in Deed Book 848, page 174. The property was then conveyed to the current owner by the UVA Deeds. Based on the above, it appears that TMP 103-1 G contains 2 development rights. Conclusion. The parcels in question together contain 22 development rights, as summarized on the chart below. 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. Parcel ID Acreage Last deed (DBIp) Plat (DBIp) Development rights 103-1 144.27 674/253 429/433 5 103-iB 97.67 702/24 1957/698 5 103-1C 1.42 678/52 384/183 1 103-1 D 7.18 490/546 824/74 3 103-1E 326.23 702/24 398/555 5 103-117 3.01 686/137 398/555 1 103-1G 4.14 593/343 398/555 2 TOTAL 22 I respectfully request your determination. Please contact me if you have further questions regarding the subject property. V trul ours Tara Rowan Boyd, Esq. Enclosures C.c.: William J. Moses