July 12, 2004

 

Richard E. Carter

P.O. Box 1567

Charlottesville, VA 22902

 

RE: OFFICIAL DETERMINATION OF DEVELOPMENT RIGHTS AND PARCELS- Tax Map 105, Parcel 11, (Property of Grant E. Cosner or Barbara H. Cosner) 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 11 is comprised of four (4) separate parcels. The locations of the original parcels of record are sketched on the 2002 tax map that is enclosed. The locations of the residues of the original parcels are sketched on the 2003 tax map that is enclosed.
 
Tract [A]- the residue of the 179-acre parcel has five (5) development rights. The acreage of this parcel must be calculated.

 

Tract [B]- the 19 acre parcel has five (5) development rights.

 

Tract [C]- the residue of the 117.9-acre parcel, estimated to contain 58.04 acres has five (5) development rights.

 

Tract [D]- the residue of the 165.4-acre parcel has two (2) development rights not to exceed 14.58 acres. The acreage of this parcel must be calculated.
 
The 71.9- acre portion of Parcel 48 that was combined with Parcel 11 may be added to either Tract [C] or Tract [D]. These development rights may only be utilized within the original parcels of record.

 

The basis for this determination is summarized as follows:

 

Our records indicate that Tax Map 105, Parcel 11 contains 325.359 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 Deed Book 266, page 353, dated January 16, 1946. This deed conveyed 179 ¾ acres from R. A. Watson to Barnes Lumber Corporation. This is described as being on the waters of Buck Island Creek near Buck Island Church.

This deed references the metes and bounds description in Deed Book 59, page 460 and states that this is the same property conveyed by the deed recorded in Deed Book 154, page 96.  Neither of these deeds contained a plat. However, a sketch based on the description in Deed Book 59, page 460 is among the records of the Real Estate Department and is included in this file. On the basis of this deed, this 179.75-acre parcel is determined to have been a separate legal parcel. This parcel is identified as Tract [A] on the sketch labeled “Original Parcels of Record of Tax Map 105, Parcel 11.”

 

Deed Book 294, page 286, dated February 12, 1951, conveyed two tracts or parcels of land from Preston Bunch, Mable B. Skinner & William A. Skinner, Gordon T. Bunch & Elizabeth D. Bunch, Flossie B. Morris & Walter F. Morris and Wilber Bunch & Ruby D. Bunch to Barnes Lumber Corporation. The two tracts are described, in part, as follows:

 

FIRST: A tract containing 136.9 acres conveyed by the deed recorded in Deed Book 185, page 98. Reference is also made to deeds and plats recorded in Deed Book 168, page 594.

 

Deed Book 185, page 98, dated April 8, 1919 conveyed 136.9 acres to Elizabeth Bunch. The property is described as two parcels of 19 acres and 117.9 acres respectively.  The deed states that a more complete description is contained in Deed Book 136, page 91 and Deed Book 168, page 594.

 

Deed Book 136, page 91, dated August 19, 1907, conveyed 19 acres, a portion of a larger, 425-acre tract, to Robert Allen. A plat showing the 19 acres by John T. E. Simms is attached to the deed. On the basis of this deed, this 19-acre parcel is determined to have been a separate legal parcel. This parcel is identified as Tract [B] on the sketch labeled “Original Parcels of Record of Tax Map 105, Parcel 11.”

 

Deed Book 168, page 594, dated October 24, 1918, conveyed 117.9 acres to Robert L. Allen & Maude Randolph Allen. A plat showing the 117.9 acres by Hugh F. Simms is attached to the deed. On the basis of this deed, this 117.9-acre parcel is determined to have been a separate legal parcel. This parcel is identified as Tract [C] on the sketch labeled “Original Parcels of Record of Tax Map 105, Parcel 11.”

 

SECOND: A tract containing 165.4 acres as shown on a plat made by M. M. Van Doren that is recorded in Deed Book 172, page 403.

 

Deed Book 172, page 403, dated February 21, 1920, conveyed 165.4 acres to Elizabeth Bunch.  The Van Doren plat is attached as a part of the deed. On the basis of this deed, this 165.4-acre parcel is determined to have been a separate legal parcel. This parcel is identified as Tract [D] on the on the sketch labeled “Original Parcels of Record of Tax Map 105, Parcel 11.”

 

Deed Book 374, page 417, dated December 18, 1961 conveyed several tracts that totaled 2,327.19 acres from Barnes Lumber Company to Continental Can Company. Among the tracts was Parcel A3 that contained 466 acres. Parcel A-3 was further identified as being formerly described as three tracts of 179.75 acres, 136.9 acres and 165.4 acres respectively. The property is shown and fully described on a plat of T. W. and Paul M. Saunders dated July 1958. This is the same property conveyed to Barnes Lumber Company by the deed recorded in Deed Book 266, page 353 and by the deed of Preston Bunch, et al recorded in Deed Book 294, page 286. This deed had no effect on the legal status of the four tracts that comprised the 466-acre tract described in this deed. It is determined that the property description did not serve to combine Tracts [B] and [C]. And, it is determined that the July 1958 plat was a boundary survey and did not serve to combine the four tracts containing 179.75 acres, 19 acres, 117.9 acres and 165.4 acres.

 

Deed Book 446, page 404, dated July 1, 1968, conveyed 0.37 acres from Continental Can Company to the Commonwealth of Virginia. This was a portion of the 165.4 acre tract identified as Tract [D] described above. This transaction had no effect on the legal status of the parcel.

 

The most recent deed for this parcel recorded prior to the adoption of the zoning ordinance on December 10, 1980 is dated August 22, 1979 and is recorded in Deed Book 682, page 504. This deed conveyed 1.15 acres from Continental Can Company to the Commonwealth of Virginia. The property was added to the right-of-way for Route 729. This had no effect on the legal status of the parcel. On the basis of the preceding analysis, Parcel 11 is determined to have been comprised of four (4) separate parcels, each of which contained five (5) development rights.

 

Deed Book 1038, page 569, dated November 8, 1988, conveyed 2.835 acres from Bear Island Timberlands Company to Wilson W. Cropp, II & Ellen Deane Cropp. The parcel is described as a portion of the property conveyed to the Grantor by the deed recorded in Deed Book 914, page 698. This lot is identified on Tax Map 105 as Parcel 11A. The parcel is shown on a plat by Frank A. Gregg dated September 20, 1988. The plat states that the residue retains 4 division rights of not less than 21 acres each. However, on April 17, 1992, the Zoning Administrator determined that Parcel 11A and Parcel 11 were two separate parcels of record based on the Sanford Decision. Based on that determination, it is determined that the creation of Parcel 11A did not reduce the development rights of Parcel 11. As a result of this transaction the residue of Tract [D] retained 5 development rights. Tracts [A], [B] and [C] retained 5 development rights.

 

Deed Book 1038, page 575, dated March 6, 1989, conveyed Parcel 11A, containing 2.835 acres from Wilson W. Cropp, II & Ellen Deane Cropp to Randy S. Thomas and Pamela S. Thomas. This transaction had no effect on the legal status of the parcels or on development rights.

 

Deed Book 1209, page 421, dated February 17, 1992, contains a Certificate of Plat. The plat by Roger Ray divided two parcels from the portion of Parcel 11 identified above as [D]. Lot A, containing 5 acres and now designated as Parcel 11B was allocated 1 development right. Lot B, containing 11.42 acres was allocated 2 development rights. The residue of Parcel 11 as allocated 2 development rights provided they do not aggregate more than 14.58 acres. Note that this allocation of development rights relies on the determination dated April 17, 1992. As a result of this transaction, Tract [D] contained 2 development rights. Tracts [A], [B] and [C] retained 5 development rights.

 

Deed Book 1234, page 468 contains a plat by Roger Ray that shows the division of Lot B into two lots; B-1, containing 2.96 acres and now designated as Parcel 11C1 and Residue containing 8.46 acres and now designated as Parcel 11C. The plat notes that neither parcel may be further divided. This transaction had no effect on the legal status of the residue of Parcel 11 or on development rights.

 

Deed Book 1236, page 361, dated May 27, 1992, conveyed Parcels 11B, 11C and 11C1 from Bear Island Timberlands Company to Sidney E. Craig and Carole Craig. This transaction had no effect on the legal status of the residue of Parcel 11 or on development rights.

 

Deed Book 1278, page 170, dated November 16, 1992, conveyed 105.595 acres from Bear Island Timberlands Company to Charles N. Sawyer, Jr. The property is shown on a plat by Thomas D. Blue. The plat notes that 0 division rights are to be assigned to the 105.596 acre parcel. 2 division rights, not to exceed 14.58 acres, remain with the residue parcels totaling 340.319 acres. The 105.596-acre parcel is comprised of portions of Tracts [A] and [D]. As a result of this transaction Tract [D] contained retained 2 development rights. Tracts [A], [B] and [C] retained 5 development rights. The residue acreage of Tracts [A] and [D] are not calculated on the plat.

 

Deed Book 1386, page 80, dated February 10, 1994, contains a plat showing a boundary adjustment among parcels owned by Bear Island Timberlands Company and Sidney E. Craig and Carole M. Craig. The plat by Roger Ray shows Parcel W, containing 0.46 acres being conveyed from Parcel 11C to Parcel 11C1 and Parcel X, containing 10 acres being conveyed from Parcel 11 to Parcel 11C1. Parcel X is a portion of Tract [D]. No development rights were conveyed. The 10-acre parcel is a portion of Tract [D]. As a result of this transaction Tract [D] retained 2 development rights. Tracts [A], [B] and [C] retained 5 development rights. The plat notes the total residue acreage of Tracts [A], [B], [C] and [D] is 330.319 acres.

 

Deed Book 1431, page 718, dated August 2, 1994, conveyed 2.0 acres from Bear Island Timberlands Company to Central Telephone Company of Virginia. The 2-acre lot is shown on a plat by Gregory D. Hasaflook that is attached to the deed. The lot is separated from the balance of Parcel 11 by Route 729. At the time of this transaction, this lot was treated as a separate parcel of record based on the Sanford Case. The 2-acre lot is designated as Parcel 9E on Tax Map 105.  The 2-acre lot is a portion of Tract [A]. As a result of this transaction Parcel [D] retained 2 development rights. Parcels [A], [B] and [C] retained 5 development rights. The plat notes the total residue acreage of Tracts [A], [B], [C] and [D] is 338.3 acres.

 

Deed Book 1626, page 77, dated August 15, 1996, contains a plat showing a boundary adjustment among parcels owned by Bear Island Timberlands Company and Sidney E. Craig and Carole M. Craig. The plat by Roger Ray shows Parcel Y, containing 15 acres being conveyed from Parcel 11 to Parcel 11C1. No development rights were conveyed. Parcel Y is a portion of Tract [D]. As a result of this transaction, Tract [D] retained 2 development rights, not to exceed 14.58 acres. Tracts [A], [B] and [C] retained 5 development rights. The plat notes the total residue acreage of Tracts [A], [B], [C] and [D] is 315.319 acres.

 

Deed Book 1925, page 239, dated June 6, 2000, conveyed Parcel 11 from Virginia Forest Investments to E. Grant Cosner and Barbara H. Cosner.  The property is described as a portion of property conveyed from Bear Island Timberlands Company to the Grantor by the deed recorded in Deed Book 1874, page 667. The property is further described, in part, as “consisting of 465.4 acres (being formerly described as three tracts of 179.75 acres, 136.9 acres and 165.4 acres, respectively).” It is also described as being fully identified on a plat recorded in Deed Book 374, page 417, less and except the eight off-conveyances described above, beginning with Deed Book 446, page 404. This transaction had no effect on the legal status of the residue of Parcel 11 or on development rights.

 

Deed Book 2274, page 258, dated September 16, 2002 contains a Certificate of Plat. The plat by Trueline II Surveying, Inc., revised on September 16, 2002, shows a land exchange between Parcel 11 and Parcel 48. Parcel Y, a portion of Parcel 48 containing 71.9 acres, was added to 11. Parcel X, a portion of Tract [C], itself a portion of Parcel 11 containing 59.86 acres, was added to Parcel 48. As a result of this transaction, Parcel 11 contained 325.36 acres and Parcel 48 contained 691.29 acres. No new parcels were created. No development rights were conveyed with either X or Y. Parcel X is a portion of Tract [C]. As a result of this transaction Tract [D] retained 2 development rights. Tracts [A], [B] and [C] retained 5 development rights. The plat notes the total residue acreage of Tracts [A], [B], [C] and [D] plus Parcel X is 325.36 acres.

(That figure is confirmed: 313.319 + 71.9 – 59.86 = 325.359)

 

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 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.  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 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.

 

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

 

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