January 20, 2004

 

American Environment Foundation

1937 Laskin Road

Virginia Beach, VA 23454

 

RE: OFFICIAL DETERMINATION OF DEVELOPMENT RIGHTS AND PARCELS- Tax Map 85, Parcel 40 (Property of American Environment Foundation) Section 10.3.1

 

Dear American Environment Foundation:

 

The County Attorney 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, Miran Forest. 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, Miran Forest 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 Section 10.3.  

 

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 Wildlife Center. 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 Wildlife Center 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,

page 278. This transaction had no effect on the status of the property as a separate parcel or on development rights.

 

Deed Book 2160, page 601, dated February 1, 2002, contains a Quit Claim deed in which the Wildlife Center of Virginia, formerly known as the Shenandoah Wildlife Center 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, page 278. The deed carries a hand written note stating that it corrects the deed recorded in Deed Book 1950, page 612. This transaction had no effect on the status of the property as a separate parcel or on development rights.

 

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.

 

Sincerely,

 

 

 

John Shepherd

Manager of Zoning Administration

 

Copies:  McChesney Goodall, Coordinator of the ACE Program

    Gay Carver, Real Estate Department

               Ella Carey, Clerk Board of Supervisors

               Reading Files

 

 

TM-P

Acreage

Division rights for 21 acre minimum parcels

Development rights

TM 85-40

182.4

8

0

 

Return to consent agenda

Return to regular agenda