July 12, 2004

 

Richard E. Carter

P.O. Box 1567

Charlottesville, VA 22902

 

RE: OFFICIAL DETERMINATION OF DEVELOPMENT RIGHTS AND PARCELS- Tax Map 105, Parcels 35 and 48 (Property of Buck Island L.L.C.) Section 10.3.1

 

Dear Mr. Carter:

 

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 105, Parcel 35 is a single parcel of record with five (5) development rights.
 
Tax Map 105, Parcel 48 is comprised of several separate parcels of record to be established by a surveyor relying on the Roudabush & Glockner plat.
 
The basis for this determination is summarized as follows:

 

Tax Map 105, Parcel 35

 

Our records indicate Tax Map 105, Parcel 35 contains 16.492 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 2238, page 232.

 

The most recent instrument for this parcel recorded prior to the adoption of the ordinance, December 10, 1980 is a plat by Roudabush and Gloeckner, dated July 25, 1973 that is recorded in Deed Book 548, page 501. The plat shows several tracts including Parcel 35, containing 16.492 acres. On the basis of this plat, it is determined that Parcel 35, containing 16.492 acres, is a lot of record with five development rights, as defined by Section 10.3.

 

Deed Book 2177, page 679, dated March 26, 2002, conveyed two parcels of land from Westvaco Corporation to C. Douglas Branch, Jefferson M. Cattlett, Timberland Resources. Parcel 2 is described as containing 16.492 acres, more or less, as shown on a plat by Roudabush & Gloeckner, Engineers that is recorded in Deed Book 548, page 501.  The deed notes that the property was acquired by Westvaco by the deed recorded in Deed Book 557, page 314. This transaction had no effect on the legal status of the parcel or on its development rights.

 

Deed Book 2238, page 232, dated July 25, 2002, conveyed two parcels of land from C. Douglas Branch, Jefferson M. Cattlett, Timberland Resources, LLC and Wilson Cropp, II to Buck Island LLC. Parcel 2 is described as containing 16.492 acres, more or less, shown as Parcel 35 on the plat by Roudabush & Gloeckner, Engineers dated July 25, 1973 and recorded in Deed Book 548, page 501. This transaction had no effect on the legal status of the parcel or on its development rights.

 

Tax Map 105, Parcel 48

 

Our records indicate Tax Map 105, Parcel 48 contains 676.200 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 2453, page 605.

 

This analysis begins with the deed recorded in Deed Book 550, page 509 and dated May 6, 1974. Special Commissioners, Bernard P. Chamberlain, John A. Dezio, E. O. McCue, III and Ellen V. Nash conveyed four certain tracts containing in its aggregate 730.390 acres to Westvaco Corporation. The property is shown on an attached plat by Roudabush and Gloeckner that was last revised on April 22, 1974. Parcels A and B are the subject of this determination. Those parcels are said to contain 692.89 acres. The survey shows the perimeter of the property but does not show the internal boundaries of the original parcels that comprise Parcels A and B. However, the survey references five plats, described in detail below and 21 additional deeds to further identify the property. It is determined that this boundary survey did not consolidate the separate parcels of record that were established by the referenced plats and deeds.  An official determination of the parcels comprising Parcel 48 and their development rights will be based on a consideration of the following analysis of the plats and deeds. 

 

The Roudabush & Gloeckner plat references the following five plats:

 

(1) Deed Book 142, page 85, dated August 6, 1909. By this deed, the heirs of Thomas Garland conveyed five lots shown on a plat by J.R. Furgeson for J. T. E. Simms, dated 1906. The Plat shows a total of 13 Highland lots and 10 Lowland Lots. The property contained in the aggregate 720 acres, 1 rood and 31 poles. It is determined that this plat established these 23 lots as separate parcels of record per Section 10.3. A number of these 23 parcels were later consolidated into single larger parcels by the plats described below.   

 

(2) Deed Book 154, page 143, dated December 14, 1908 conveyed 32 acres from George Beeler and Mary A. Beeler to James M. George and Albert Garland. The property is shown on a plat by J. R. Furgeson. This parcel appears to be located near Tax Map 105, Parcel 28A1 and 30.  The exact location and the associated development rights of this tract must be determined. 

 

(3) Deed Book 154, page 144, dated May 15, 1913 conveyed 16.5 acres from George Beeler and Mary A. Beeler to Nelson Green. The property is shown on a plat by J. R. Furgeson. This parcel appears to be located near Tax Map 105, Parcel 33. The exact location and the associated development rights of this tract must be determined. 

 

(4) Deed Book 156, page 118, dated January 14, 1914, conveyed 1.5 acres from Thomas Alexander Garland (sometimes called Dan) to Arthur Burks. The property is shown on a plat by Hugh F. Simms. It is determined, on the basis of this plat that this 1.5 lot is a parcel of record per Section 10.3. The exact location and the associated development right of this tract must be determined. 

 

(5) Deed Book 208, page 290, dated August 20, 1919, conveyed 93.95 acres from George Beeler and Mary A. Beeler to George W. Garland, James M. Garland, Albert P. Garland and Elmore Garland. The property is shown on a plat by M. M. Van Doren. The property is also described as being a part of a tract of 425 acres conveyed to George Beeler by a deed recorded in Deed Book 124, page 244. This parcel is located in the northwest corner of Tax Map 105, Parcel 48 near Parcels 5, 6, 29 and 12A.  The exact location and the associated development rights of this tract must be determined. 

 

In addition to the above described 5 plats, the plat recorded in Deed Book 154, page 142 was not referenced on the Roudabush & Gloeckner plat but is relevant to this determination. This deed, dated October 15, 1912, conveyed 54.9 acres from George Beeler and Mary A. Beeler to George William Garland, James M. Garland, Albert P. Garland and Elmore Garland. The property is shown on a plat by Hugh F. Simms. The property is also described as being a part of a tract of 425 acres conveyed to George Beeler by a deed recorded in Deed Book 124, page 244. This parcel appears to be located near Tax Map 105, Parcels 28A1. The exact location and the associated development rights of this tract must be determined. 

 

In addition to these six plats, the Roudabush & Gloeckner plat also references the following nineteen deeds.

 

1.      Deed Book 176, page 322 conveyed an existing 1.5 acre parcel.

 

2.      Deed Book 200, page 211 conveyed 8.5 acres.

 

3.      Deed Book 249, page 431 contains offers to the Commonwealth of Virginia regarding right-of-way improvements.

4.      Deed Book 249, page 491 conveyed 16.5 acres.

 

5.      Deed Book 249, page 494 conveyed four lots shown on the 1906 J. R. Furgeson plat and an additional 17-acre parcel.

 

6.      Deed Book 249, page 498 conveyed four lots shown on the 1906 J. R. Furgeson plat.

 

7.      Deed Book 249, page 500 conveyed two lots shown on the 1906 J. R. Furgeson plat.

 

8.      Deed Book 249, page 503 conveyed eight lots shown on the 1906 J. R. Furgeson plat. This also conveyed an additional 50 foot by 125 foot parcel.

 

9.      Deed Book 249, page 506 conveyed a 24.25 acre parcel.

 

10. Deed Book 249, page 508 conveyed three lots shown on the 1906 J. R. Furgeson plat.

 

11. Deed Book 250, page 107 conveyed three lots shown on the 1906 J. R. Furgeson plat.

 

12. Deed Book 251, page 179 conveyed a 9-acre portion of Lot 7 Highland on the 1906 J. R. Furgeson plat.

 

13. Deed Book 252, page 3 conveyed an interest in Lot 2 Highland on the 1906 J. R. Furgeson plat.

 

14. Deed Book 252, page 26 conveyed an interest in Lot 3 Highland on the 1906 J. R. Furgeson plat.

 

15. Deed Book 264, page 16 is referenced on the plat but is not applicable to this property.

 

16. Deed Book 264, page 114 conveyed percentage interests in Lot 2 Highland, Lot 3 Highland and Lot 11 Highland on the 1906 J. R. Furgeson plat.

 

17. Deed Book 291, page 537 conveyed the 1.5-acre portion of Lot 5 Highland on the 1906 J. R. Furgeson plat.

 

18. Deed Book 320, page 370 conveyed the same 9-acre parcel that was conveyed by Deed Book 251, page 179.

 

19. Deed Book 464, page 24 conveyed a 2.91-acre portion of Parcel 105-40 and ten additional tracts described as (1) Parcel 105-28 containing 130.85 acres, (2) a 5-acre portion of Parcel 105-43, (3) a 5-acre portion of Parcel 105-25, (4) Parcel 106-11 containing 38.25 acres, (5) Parcel 106-3 containing 10 acres (6) Parcel 106-42 containing 10 acres, (7) Parcel 105-32 containing 23.8 acres, (8) Parcel 105-25 containing 281.02 acres, (9) Parcel 106-10 containing 32 acres and (10) Parcel 106-2 containing 13.5 acres.

 

Deed Book 500, page 509 referenced two additional deeds, listed below, that were not noted on the plat.

 

1.      Deed Book 208, page 391 conveyed 76.5 acres adjoining the lands of George L. Beeler and others. It is described as the same land conveyed in Deed Book 141, page 15.

 

2.      Deed Book 256, page 346 conveyed 76.5 acres, being the same land conveyed in Deed Book 208, page 391.

 

It is determined that the 5 plats and 21 deeds that were referenced in the deed and/ or on the plat recorded in Deed Book 550, page 509 established the associated tracts as parcels of record per Section 10.3 at the time of their recordation. However, there appear to be discrepancies between the Roudabush & Gloeckner plat, prior plats and the tax map that are not reconciled with this determination. An official determination of the development rights of Tax Map 105, Parcel 48 can not be issued until the actual acreage and location of the original parcels of record, as they existed on December 10, 1980, have been established by a surveyor.  Please be aware that further analysis may result in a determination that some of these parcels were combined by the deeds and plats recorded prior to Deed Book 550, page 509.

 

The most recent deed for this parcel recorded prior to the adoption of the ordinance, December 10, 1980 is recorded in Deed Book 558, page 157 and dated August 9, 1974. This deed conveyed 0.01 acres from Joseph P. Aust & Nancy I. Aust and Stanford C. Fuller & Shirley F. Fuller to Westvaco Corporation. This provides a point of access to Route 53 adjacent to Tax Map 106, Parcel 12B. This is not a separate parcel. This transaction had no effect on the legal status of separate parcels or development rights of the subject property.

 

Deed Book 743, page 312, dated June 25, 1982, conveyed 4.66 acres from Westvaco Corporation to William F. Lang, Jr. and Patricia K. Lang.  The lot is shown on a survey by Fred C. Howell, dated May 28, 1982. This is now designated as Tax Map 105, Parcel 32. The plat made no reference to the development right used to create this lot. When the original parcels of record are reestablished, a development right must be allocated from the parent parcel to this 4.66 acre parcel. This transaction had no other effect on the legal status of separate parcels or development rights of the subject property.

 

Deed Book 2177, page 679, dated March 26, 2002, conveyed Parcels 1 and 2 from Westvaco Corporation to C. Douglas Branch, Jefferson M. Cattlett, Timberland Resources, LLC. The property is described as follows.

 

Parcel 1 is described as all those two certain tracts or parcels of land more fully described as Parcel A and Parcel B containing a total of 692.890 acres, more or less, according to the plat by Roudabush & Gloeckner that was revised on April 22, 1974 and recorded in Deed Book 550, pages 513 516; less and except a parcel containing 4.66 acres shown on a plat recorded in Deed Book 743, page 314, leaving a residue of 688.23 acres; and a tract along Route 53 containing 0.01 acre, shown on a plat by Kurt Gloeckner recorded in Deed Book 558, page 159. Parcel 1 contains an aggregate of 688.24 acres.

 

Parcel 2 is described as containing 16.492 acres, more or less, shown as Parcel 35 on the plat by Roudabush & Gloeckner, Engineers, dated July 25, 1973 and recorded in Deed Book 548, page 501.

 

Parcels 1 and 2 contain an aggregate of 704.732 acres.

 

This transaction had no effect on the legal status of separate parcels or development rights of the subject property.

 

Deed Book 2238, page 232, dated July 25, 2002, conveyed two parcels of land from C. Douglas Branch, Jefferson M. Cattlett, Timberland Resources, LLC and Wilson Cropp, II to Buck Island LLC. The deed states this is the same property conveyed to the Grantor by Westvaco by the deed recorded in Deed Book 2177, page 679. This transaction had no effect on the legal status of separate parcels or development rights of the subject property.

 

Deed Book 2453, page 605, dated May 5, 2003, contains a Deed of Exchange between E. Grant Cosner & Barbara H. Cosner (Owner of Parcel 11) and Buck Island L.L.C. (Owner of Parcel 48) This transaction is described on a plat by Trueline II Surveying that is recorded in Deed Book 2274, page 258.  Parcel X, containing 59.86 acres is conveyed is added to Parcel 48, the property of Buck Island L.L.C. Parcel Y, containing 71.9 acres is added to Parcel 11, the property of E. Grant Cosner & Barbara H. Cosner. 

As a result of this transaction, Parcel 48 contains 691.29 acres. This transaction had no effect on the legal status of separate parcels or development rights of the subject property.

 

No development rights were conveyed with this transaction. This transaction had no effect on the legal status or on the development rights of the residues of Parcels 11 or 48. There have been no off-conveyances since this transaction.

 

These parcels will be entitled the development rights associated with the original parcels of record 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.

 

If you are aggrieved by this determination regarding Tax Map 105, Parcel 35, 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.

 

The information regarding Tax Map 105, Parcel 48 is not an official determination.

 

If you have any questions, please contact me.

 

Sincerely,

 

 

 

John Shepherd

Manager of Zoning Administration

 

Return to consent agenda
Return to regular agenda