January 20, 2004
American Environment Foundation
Virginia Beach, VA
OFFICIAL DETERMINATION OF DEVELOPMENT
RIGHTS AND PARCELS- Tax Map 85, Parcel 40 (Property of American Environment Foundation) Section 10.3.1
American Environment Foundation:
and I have reviewed the title information for the above-noted property. It is the County
Attorney's advisory opinion and my
official determination that Tax Map 85,
Parcel 40 is one parcel with no (0) development rights. The basis for this
determination is summarized as follows:
Our records indicate Tax Map 85,
Parcel 40 contains 182.4 acres and no dwellings. The property is not in an
Agricultural Forestal District. The most recent deed
for this property is recorded in Deed Book 2160, page 604.
This analysis begins with Deed Book 668, page 21, dated
March 22, 1979. This deed conveyed 416.1 acres from Martin Albert & Barbara
Albert and Samuel D. Caughron to Duntree
Limited Partnership. The property is further described as Tract Number 1 shown
on a plat made by T.W. Saunders dated October 1950, recorded in Deed Book 310,
page 541. This is the same property that was conveyed by the deed of William N.
Evans and Edna L. Evans, dated May 15,
1978 and recorded in Deed Book 647, page 646.
Deed Book 677, page 14, dated May 31, 1979, contains a
Declaration of Covenants and Restrictions by Duntree Limited Partnership. The
deed includes a plat by Higgs and Shumate, revised April 10, 1979, entitled Section One,
The plat shows the subdivision of a portion of the 416.1-acre tract into lots
numbered 1, 2, 3, 4, 5, 6, 11, 21, 22 and 23. This plat was approved by the
County on July 11, 1979.
Deed Book 689, page 731, dated February 14, 1980, contains a deed of Partial Release by
and between Richard Reeves, Trustee, The Federal Land
Bank of Baltimore, Martin Albert & Barbara Albert, Samuel D. Caughron and Duntree Limited Partnership.
The Trustee releases a portion of the property from the lien of a deed of trust
recorded in Deed Book 647, page 647. The property is identified as Section Two,
on a plat of Higgs and Shumate, dated October
10, 1979 and attached to this deed. The property is more
particularly described as Lots 7, 8, 9, 10, and 12 thru 20. The plat notes that
Section One contains 57 acres, Section Two contains 88.6 acres and the Natural
Area contains 270.5 acres. This plat was approved by the County on February 25, 1980.
The most recent instrument for this parcel recorded prior to
the adoption of the ordinance, December
10, 1980 is recorded Deed Book 700, page 16. This contains revised
plats of Section One and Section Two, Miran Forest
by Higgs and Shumate. The Section One plat was revised on August 25, 1980. Section Two was revised on August 25, 1980. These revised plats
were recorded on August 29, 1980.
The plat for Section Two notes that Section One contains 59 acres, Section Two
contains 88.6 acres and the Natural Area contains 268.5 acres. On the basis of these two plats, it is
determined that the residue of the 416.1-acre tract, containing 268.5 acres is
comprised of two lots of record, separated by Sections 1 & 2, as defined by
Deed Book 820, page 272, dated June 23, 1984, contains a
Supplemental Declaration of Covenants and Restrictions that annexes Section
Three to the agreement. Section
Three contains Lot 24, “A” Pond Parcel, “B” Forest Parcel and Front Gate, all
shown on a plat of Higgs and Shumate, dated December 21, 1983, and recorded
with this Supplemental Declaration. One development right associated with the
northern portion of the Natural Area was used to create Lot 24, one was used to
create the Front Gate parcel and three were retained by ”B” Forest Parcel. All five development rights associated with
the southern portion of the natural area were allocated to “A” Pond Parcel,
containing 22.431 acres. The Residual Area, containing 182.4 acres and the
subject of this determination retained no development rights.
Deed Book 823, page 693, dated December 28, 1984, conveyed
182.4 acres from Duntree Limited Partnership to the Shenandoah
The property is identified as “Residual Area” on the plat of Thomas Shumate,
revised on February 7, 1984
that is recorded in Deed Book 820, page 273. The property was conveyed to allow
its use as a wildlife habitat and as a natural area subject to certain terms
and restrictions. The terms and conditions specified in the deed have no effect
on the status of the property as a separate parcel or on development rights.
Deed Book 1950, page 612, dated August 25, 2000, contains
a Quit Claim Deed and a Deed of Correction in which the Wildlife Center of
Virginia, formerly known as the Shenandoah
conveyed all of its interest in property to the Wildlife Center of Virginia
Foundation. The property is identified as the 182.4 acres designated as Residual
Area and shown on the plat by Thomas Shumate recorded in Deed Book 820,
While this property is subject to the provisions of the
above referenced deeds, the zoning ordinance allows the creation of lots
containing at least 21 acres if all other regulations can be met.
If you are aggrieved by this determination, you have a right
to appeal it within thirty days of the date notice of this determination is
given, in accordance with Section 15.2-2311 of the Code of Virginia. If you do not file a timely appeal, this
determination shall be final and unappealable.
An appeal shall be taken only by filing with the Zoning Administrator
and the Board of Zoning Appeals a notice of appeal which specifies the grounds
for the appeal. An appeal application
must be completed and filed along with the fee of $120. The date notice of this determination was
given is the same as the date of this letter.
If you have any questions, please contact me.
Manager of Zoning Administration
Goodall, Coordinator of the ACE Program
Gay Carver, Real Estate Department
Carey, Clerk Board of Supervisors
Division rights for 21 acre minimum parcels
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