April 27, 2004

 

Tara Rowan Boyd

LeClair Ryan

Post Office Box 2017

Charlottesville, VA 22902-2017

 

RE: OFFICIAL DETERMINATION OF DEVELOPMENT RIGHTS AND PARCELS- Tax Map 103, Parcels 1, 1B, 1C, 1D, 1E, 1F and 1G (Property of University of Virginia Foundation) Section 10.3.1

 

Dear Ms. Boyd:

 

The County Attorney and I have reviewed the title information for the above-noted properties.  It is the County Attorney's advisory opinion and my official determination that Tax Map 103, Parcel 1 contains five (5) development rights, Parcel 1B contains five  (5) development rights. Parcel 1C contains one (1) development right. Parcel 1D contains three (3) development rights. Parcel 1E contains five (5) development rights. Parcel 1F contains one (1) development right. Parcel 1G contains two (2) development rights. The basis for this determination is provided below.

 

PART ONE: This section identifies the most recent deeds prior to December 10, 1980 that establish the properties as parcels of record for the purpose of allocation development rights. This section also contains the deeds by which John W. Kluge acquired the properties.

 

Tax Map 103, Parcel 1      

 

Our records indicate Tax Map 103, Parcel 1 contains 144.270 acres and no dwellings. The property is in the Lanark Agricultural Forestal District. The most recent deed for this property is recorded in Deed Book 2712, page 325. 

 

The most recent deed for this parcel recorded prior to the adoption of the ordinance, December 10, 1980, is recorded in Deed Book 674, page 253 and is dated June 14, 1979. This deed conveyed 144.27 acres from James L. Hurley and Patricia N. Hurley to Short Hills, Inc. The property is more particularly described on a plat by William Roudabush that is recorded in Deed Book 429, page 433. This is a subdivision plat that created the 144.27- acre parcel identified as a portion of “Ellerslie.” On the basis of this deed, Tax Map 103, Parcel 1 is determined to be a parcel of record with five development rights on December 10, 1980 as defined in Section 10.3.

 

Deed Book 735, page 163, dated March 3, 1982 conveyed four tracts from Short Hills, Inc. to John W. Kluge. The tracts are described as follows:

 

(1) All those certain tracts or parcels containing in the aggregate 477.557 acres shown on the plat by William Roudabush recorded in Deed Book 702, page 27. [TM 103-1B] + [102-35, 35A and 35C]

 

(2) All that certain tract or parcel containing 326.23 acres and described on a plat by William Roudabush recorded in Deed Book 398, page 555 and shown thereon as Parcel X.  [TM 103-1E]

 

(3)   This clause describes a tract containing 43.566. This tract is not part of this determination.

 

(4) All that certain tract or parcel containing 144.27 acres, conveyed by the deed recorded in Deed Book 674, page 253. [TM 103-1]

 

This transaction has no effect on the status of Parcels 1, 1B or 1E or their development rights.

 

Tax Map 103, Parcel 1B

 

Our records indicate Tax Map 103, Parcel 1B contains 97.670 acres and no dwellings. The property is in the Lanark Agricultural Forestal District. The most recent deed for this property is recorded in Deed Book 2712, page 325. 

 

The analysis for this parcel begins with a plat prepared by A. R. Sweet and Associates, dated March 18, 1959 and recorded in Deed Book 349, page 62B. It is titled, “Plat Showing Ellerslie divided as Parcels A, B, C & E with Parcel D.” Parcel A, containing 156.11 acres and Parcel B containing 16.925 acres together comprised Parcel 1B as shown on the 1980 tax map.  Parcel E, containing 788.230 acres was subsequently divided to create Parcels 1, 1C, 1D, 1E, 1F, 1G as well as additional parcels that are not a subject of this determination.

 

The most recent deed for this parcel recorded prior to the adoption of the ordinance, December 10, 1980, is recorded in Deed Book 702, page 24 and is dated January 1, 1977. This deed conveyed two tracts from Ronald K. Banister and Inez A. Banister to Short Hills, Inc. Tract #1 is described, in part, as follows: (Tract # 2 is addressed in the discussion of Parcel 1E)

 

(1)   All those certain tracts or parcels containing in the aggregate 477.857 acres, being the same land shown as 481.708 acres on a plat recorded in Deed Book 175, page 21 and Deed Book 344, page 63 less a tract of 4.151 acres shown on the plat by William S. Roudabush dated January 9, 1977, attached to this deed.

 

The plat recorded in Deed Book 175, page 21 shows a 308 2/5-acre tract that was shown in 1980 as Parcel 35 on Tax Map 102. The July 9, 1977 plat, recorded in Deed Book 702, page 27, shows the tract that is now shown as Parcel 35 on the current Tax Map 102. These parcels are not subjects of this determination.

 

On the basis of this deed and with reliance on the March 18, 1959 plat by A. R. Sweet, the 481.708- acre parcel is determined to have been comprised of four separate parcels of record on December 10, 1980 as defined in Section 10.3. The parcels are identified as follows: (The A. R. Sweet plat and a sketch showing the location of these parcels on the 1980 tax map is enclosed.)

 

1.      Parcel A, containing 156.11 acres is a portion of Tax Map 103, Parcel 1B as it was shown on the 1980 tax map. This parcel had five (5) development rights on December 10, 1980;

2.      Parcel B, containing 16.925 acres is a portion of Tax Map 103, Parcel 1B as it was shown on the 1980 tax map; (this parcel is designated as PARCEL X on the plat by Kurt Gloeckner that is recorded in Deed Book 1957, page 698. It is now a portion of Tax Map 102, Parcel 35A. This parcel has five (5) development rights, even though they were not identified on the Gloeckner plat.) It is not a subject of this determination.

3.      The 4.151 acre parcel shown on the January 9, 1977 plat by William Roudabush. This is shown within the bounds Tax Map 102, Parcel 35 on the 1980 tax map. It is not a subject of this determination;

4.      The residue of the property shown on the plat recorded in Deed Book 175, page 21. This is identified as “Egern” on the A. R. Sweet plat. This property is shown to contain 308 2/5 acres on the above referenced plat recorded in Deed Book 175, page 21. This was identified as Tax Map 102, Parcel 35 on the 1980 tax map. It is not a subject of this determination.

 

Deed Book 735, page 163, described above in the discussion of Parcel 1, also conveyed Tax Map 103, Parcel1B from Short Hills, Inc. to John W. Kluge. The transaction had no effect on the status of the parcel or on its development rights.

 

Deed Book 1957, page 698 contains a plat titled Division of Mountain Tract Being a Portion of Tax Map 102, Parcel 35A and Tax Map 103, Parcel 1E and 1B. (The plat references Parcel 1E in error) This plat reconfigured the boundary between T.M. 102-35A and Tax Map 103, Parcel 1B.  Parcels M, U and Z, portions of Tax Map 102, Parcel 35A were added to Tax Map 103, Parcel 1B. Parcels V and W, portions of Tax Map 103, Parcel 1B were added to Tax Map 102, Parcel 35A. No development rights were conveyed with these parcels.

 

As a result of this transaction, the residue of Tax Map 103, Parcel 1B now contains 97.67 acres and retains five (5) development rights. These development rights are derived from the 156.11-acre portion of Tax Map 103, Parcel 1B identified as Parcel A on the A. R. Sweet plat.

 

Tax Map 103, Parcel 1C      

 

Our records indicate Tax Map 103, Parcel 1C contains 1.420 acres and one dwelling. The property is in the Lanark Agricultural Forestal District. The most recent deed for this property is recorded in Deed Book 2712, page 325. 

 

The most recent deed for this parcel recorded prior to the adoption of the ordinance, December 10, 1980, is recorded in Deed Book 678, page 52 and is dated August 13, 1979. This deed conveyed 1.42 acres from William P. McKelway and Meredith M. McKelway to William Robert Hammond and Cynthia Ann Hammond. The property is more particularly described on a plat by William Roudabush that is recorded in Deed Book 384, page 183. On the basis of this deed, Tax Map 103, Parcel 1C is determined to be a parcel of record with one development right on December 10, 1980 as defined in Section 10.3.

 

Deed Book 907, page 223, dated October 13, 1986, conveyed 1.42 acres from William Robert Hammond and Cynthia Ann Hammond to J.W.K. Properties Inc. The property is more particularly described as being the same property shown on the plat by William Roudabush that is recorded in Deed Book 384, page 183. This transaction had no effect on the status of Parcel 1C or its development rights.

 

Tax Map 103, Parcel 1D      

 

Our records indicate Tax Map 103, Parcel 1D contains 7.180 acres and one dwelling. The property is in the Lanark Agricultural Forestal District. The most recent deed for this property is recorded in Deed Book 2712, page 325.

 

The most recent deed for this parcel recorded prior to the adoption of the ordinance, December 10, 1980, is recorded in Deed Book 490, page 546 and is dated June 15, 1971. This deed conveyed two tracts from Jimmy L. Whitt and Shirley A. Whitt to John Douglas Clark and Joan Livers Clark. Tract (1) is described as containing 7.18 acres shown on a plat recorded in Deed Book 398, page 79. On the basis of this deed, Tax Map 103, Parcel 1D is determined to be a parcel of record with three development rights on December 10, 1980 as defined in Section 10.3.

 

Deed Book 741, page 507, dated April 27, 1982, conveyed two tracts from John Douglas Clark and Joan Livers Clark to John W. Kluge. Tract (1) contained 7.18 acres described as being that shown on a plat recorded in Deed Book 398, page 79. The second tract described in this deed is not a subject of this determination. (Parcel 1D is also shown on a physical survey recorded in Deed Book 824, page 741.) This transaction had no effect on the status of Parcel 1D or its development rights.

 

Tax Map 103, Parcel 1E

 

Our records indicate Tax Map 103, Parcel 1E contains 326.630 acres and one dwelling. The property is in the Lanark Agricultural Forestal District. The most recent deed for this property is recorded in Deed Book 2712, page 325.

 

The most recent deed for this parcel recorded prior to the adoption of the ordinance, December 10, 1980, is recorded in Deed Book 702, page 24 and is dated January 1, 1977. This deed, referenced above in the discussion of Parcel 1B, conveyed two tracts from Ronald K. Banister and Inez A. Banister to Short Hills, Inc. Tract (2) is described, in part, all that certain tract or parcel containing 326.23 acres shown as Parcel “X” on plat by William Roudabush recorded in Deed Book 398, page 555. The acreage on the William Roudabush plat is shown to be 326.63 acres. This plat, dated June 23, 1964 divided Parcel 1E as well as Parcels 1F and 1G from Ellerslie.

 

(Parcel 1E is a portion of Parcel E, shown on the A. R. Sweet plat.)

 

On the basis of this clause in the deed, Tax Map 103, Parcel 1E is determined to be a parcel of record with five development rights on December 10, 1980 as defined in Section 10.3.

 

Deed Book 735, page 163, described above, in the discussion of Parcels 1 and 1B, also conveyed Tax Map 103, Parcel 1E from Short Hills, Inc. to John W. Kluge. This transaction had no effect on the status of the parcel or on its development rights.

 

Tax Map 103, Parcel 1F     

 

Our records indicate Tax Map 103, Parcel 1F contains 3.010 acres and one dwelling. The property is in the Lanark Agricultural Forestal District. The most recent deed for this property is recorded in Deed Book 2712, page 325. 

 

The most recent deed for this parcel recorded prior to the adoption of the ordinance, December 10, 1980, is recorded in Deed Book 686, page 137 and is dated November 28, 1979. This deed conveyed a parcel from Edward J. Meeks and Juanita G. Meeks to Neal W. Wilkerson and Kay M. Wilkerson. The lot is described as containing 3.01 acres, shown as Parcel Z on a plat by William Roudabush recorded in Deed Book 398, page 555. On the basis of this deed, Tax Map 103, Parcel 1F is determined to be a parcel of record with one (1) development right on December 10, 1980 as defined in Section 10.3.

 

Deed Book 741, page 510, dated April 27, 1982, conveyed a parcel from Neal W. Wilkerson and Kay M. Wilkerson to John W. Kluge. The lot is described as containing 3.01 acres, shown as Parcel Z on a plat by William Roudabush recorded in Deed Book 398, page 555. This transaction had no effect on the status of Parcel 1F or its development rights.

 

Tax Map 103, Parcel 1G    

 

Our records indicate Tax Map 103, Parcel 1G contains 4.140 acres and one dwelling. The property is in the Lanark Agricultural Forestal District. The most recent deed for this property is recorded in Deed Book 2712, page 325. 

 

The most recent deed for this parcel recorded prior to the adoption of the ordinance, December 10, 1980, is recorded in Deed Book 593, page 343 and is dated April 6, 1976. This deed conveyed a parcel from W. Curtis Thacker and Mary E. Thacker to Stanley B.  Leap. The lot is described as containing 4.14 acres, shown as Parcel “Y” on a plat by William Roudabush recorded in Deed Book 398, page 555. On the basis of this deed, Tax Map 103, Parcel 1G is determined to be a parcel of record with two (2) development rights on December 10, 1980 as defined in Section 10.3.

 

Deed Book 848, page 174, dated August 14, 1985, conveyed a parcel from Stanley B. Leap to JWK, Inc. The lot is described as containing 4.14 acres, shown as Parcel “Y” on a plat by William Roudabush recorded in Deed Book 398, page 555. This transaction had no effect on the status of Parcel 1G or its development rights.

 

PART TWO: This section contains the deeds that consolidated the parcels under the ownership of JWK Properties, Inc. and then conveyed them to UVA.

 

Deed Book 824, page 63, dated December 10, 1984 conveyed several tracts from John W. Kluge and Patricia M. Kluge to JWK Properties, Inc. These parcels included Tax Map 103, Parcels 1, 1B, 1C, 1D, 1E and 1F. This transaction had no effect on the status of these parcels or their development rights.

 

Deed Book 2029, page 237, dated January 8, 2001, conveyed several properties from JWK Properties, Inc. (sometimes referred to J.W.K. Properties, Inc.) to University of Virginia Real Estate Foundation. These properties include all of the parcels that are the subject of this determination; Tax Map 103, Parcels 1, 1B, 1C, 1D, 1E, 1F, and 1G. This transaction had no effect on the status of these parcels or their development rights.

 

Deed Book 2712, page 325, dated March 22, 2004, conveyed a number of properties from the University of Virginia Real Estate Foundation to the University of Virginia Foundation. This deed conveyed all of the parcels that are the subject of this determination, LESS AND EXCEPT Tax Map 103, Parcel 1C. This transaction had no effect on the status of these parcels or their development rights.

 

These parcels are entitled to the noted development rights if all other applicable regulations can be met. These development rights are theoretical in nature but do represent the maximum number of lots containing less than twenty one acres allowed to be created by right. In addition to the development right lots, a “parent parcel” may create as many parcels containing a minimum of twenty-one acres as it has land to make.

 

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 $120.00.  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

 

Return to consent agenda

Return to regular agenda