June 3, 2005

 

Brian S. Ray

Roger W. Ray and Assoc., Inc.

1717-1B Allied Street

Charlottesville, VA 22903

 

RE: OFFICIAL DETERMINATION OF DEVELOPMENT RIGHTS AND PARCELS- Tax Map 16, Parcels 7, 10, 10A1, 10A3 & 11 and Tax Map 28, Parcels 23D & 23H  (Property of Chapel Spring Farms Holdings, LLC) Section 10.3.1

 

Dear Mr. Ray:

 

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 16, Parcel 7 has two (2) theoretical development rights within the 73.71 acre portion of the parcel.

 

Tax Map 16, Parcel 10 has five (5) development rights.

 

Tax Map 16, Parcel 10A1 has five (5) development rights.

 

Tax Map 16, Parcel 10A3 has one (1) development right.

 

Tax Map 16, Parcel 11 is comprised of six separate parcels identified as Items I – VI on the attached key.

 

Item I, containing 3.75 acres, has one (1) development right.

Item II, containing 1 acre, has one (1) development right.

Item II, containing 2.75 acres, has one (1) development right.

Item IV, containing 32.5 acres, has five (5) development rights.

Item V, containing 3.25 acres, has one (1) development right.

Item VI, containing 2 acres, has one (1) development right.

 

Tax Map 28, Parcel 23D has five (5) development rights.

Tax Map 28, Parcel 23H has five (5) development rights.

 

The basis for this determination follows.

 

Tax Map 16, Parcel 7

 

Our records indicate Tax Map 16, Parcel 7 contains 187.45 acres and no dwellings. The property is not in an Agricultural Forestal District. The most recent recorded instrument for this property is recorded in Deed Book 1976, page 667.

 

This analysis begins with Deed Book 393, page 564, dated November 29, 1963. This deed conveyed to James F. Lewis, Jr. five tracts described as containing 254 acres of record in D.B.123, p. 103; 117 acres of record in W.B. 32, p. 493; 35 acres of record in D.B. 127, p. 323; 40 acres of record in D.B. 238, p. 70 & D.B. 127, p. 325 and 0.5 acres of record in D.B. 212, p. 231, for a total of 446.5 acres. This deed established these five tracts as separate parcels of record. The northeast portion of Parcel 7 contains the eastern portion of the 254.5 acre tract.

 

Deed Book 419, page 153, dated November 29, 1963, contains a Declaration of Ownership of the lands of James F. Lewis, Jr. Among these holdings is Tract #4 described as containing 446.5 acres. It is shown as Parcel S shown on a plat by Blue and Finley, Engineers and Surveyors dated June 28, 1966 and recorded with the deed of record in Deed Book 393, page 564. It is determined that this deed and composite plat did not extinguish the separate identities of the parcels described in Deed Book 393, page 564. For the purpose of this determination this deed established the 446.5-acre tract as a parcel of record. with five (5) development rights.

 

The most recent deed for the northeastern portion of this parcel recorded prior to the adoption of the Zoning Ordinance, December 10, 1980 is recorded in Deed Book 644, page 583 and is dated April 14, 1978. This deed conveyed 24.658 acres from James F. Lewis, Jr. and Rosemary R. Lewis to Malvern R. Whitaker and Evelyn M. Whitaker. The parcel is shown on a plat by R. O. Snow, dated March 20, 1978. The land is further described as being a portion of Tract “one” acquired by James F. Lewis, Jr. by the deed of record in Deed Book 393, page 564. (This deed actually identifies the 446.5-acre tract as Tract No. 4) This property is now designated as Parcel 6B and 6B1 on Tax Map 16.  Based on this deed, the residue of the 446.5-acre tract, containing an estimated 421.8 acres, is determined to be a parcel of record with five (5) development rights.

 

The most recent deed for the southwestern portion of this parcel recorded prior to the adoption of the Zoning Ordinance, December 10, 1980 is recorded in Deed Book 462, page 612 and is dated August 19, 1969. This deed conveyed 208.43 acres from the Heirs of William F. Via to James F. Lewis, Jr. The land was described as being all of the two tracts; 127.4 acres acquired by the deed of record in Deed Book 79, page 463 and 88 acres of record in Deed Book 156, page 308. The property is shown on a plat by Thomas D. Blue dated July 31, 1969 that is attached to the deed. Based on this deed, this 208.43-acre parcel is determined to be two parcels of record; one containing 127.4 acres and the other containing 88 acres. Each of these parcels has five (5) theoretical development rights. The eastern portion of the 127.4-acre tract is now a part of Parcel 7. The 88-acre tract is not a subject of this determination.

 

Deed Book 738, page 185, dated April 28, 1982 conveyed two tracts from Trustees to James F. Lewis, Jr. Tract 1 is identified as being Tax Map 16, Parcel 6 containing 421.222 acres, a portion of the 446.5-acre parcel designated as Parcel S on the plat of record in Deed Book 419, page 161. Tract 2 is identified as Tax Map 16, Parcel 7 containing 208.430 acres shown on the plat of record in Deed Book 462, page 616. This transaction had no effect on the legal status or development rights of Tax Map 16, Parcel 7 or Parcel 6.

 

Deed Book 754, page 374, dated December 23, 1982 conveyed certain tracts of land that contain 642.45 acres in the aggregate from Page J. McGee to Jerry P. Kerr, James F. Lewis, III, Jr. and Frank M. Appleby, Trustee to Page J. McGee. Tract 1 is described as being identified Tax Map 16, Parcel 6 containing 434.02 acres in the aggregate, shown as a tract containing 430.31 acres and Parcel X containing 3.71 acres on the plat by R.O. Snow and R.W. Ray dated December 22, 1982. Tract 2 is identified as Tax Map 16, Parcel 7 containing 208.43 acres shown on the plat by Thomas D. Blue recorded in Deed Book 462, page 616. The discrepancy in acreage is explained by the fact that the Blue & Finley plat was a composite survey with no field work while the Snow & Ray plat shows metes and bounds obtained in the field. This transaction had no effect on the legal status or development rights of Tax Map 16, Parcel 7 or Parcel 6.

 

Deed Book 759, page 588, dated January 26, 1983 conveyed 222.89 acres from Page J. McGee and William L. McGee, Jr. to Joseph M. Casero and Karina G. Casero. The property is designated as Tract A on a plat by R.O. Snow and R.W. Ray dated January 10, 1983. Tract A is composed of 73.71 acres, a portion of the 208.43 acre parcel and a 149.18-acre portion of the residue of the 254.5-acre parcel, both described above. The plat assigned two development rights to each of these parcels. As a result of this transaction Tract A, containing 222.89 acres contained four development rights. Two development rights are within the 73.71-acre portion of Old Parcel 7 and two development rights are within the eastern portion of Old Parcel 6. Note that three development rights remained within the residue of the 127.4-acre parcel described in Deed Book 462, page 612, a portion of Parcel 6. Three additional development rights remained within the residue of the 254.5 acre described in Deed Book 393, page 564. Parcel 6 is not a subject of this determination.

 

Deed Book 949, page 320, dated July 10, 1987 conveyed 34.878 acres from Joseph M. Casero and Karina G. Casero to Allen F. Voshell and Martha Lee Voshell. The property is designated as Tract A1 on a plat Kirk Hughes dated July 8, 1987. The parcel was divided from the 149.18-acre tract described above. The plat assigned two development rights to the 34.878-acre parcel. These development rights were derived from the 149.18-acre tract. As a result of this transaction, Map 16, Parcel 7 contained 188.012 acres and two (2) development rights within the 73.71-acre portion of Old Parcel 7. The 114.302-acre residue derived from the eastern portion of the original 254.5-acre parcel has zero development rights.

 

Deed Book 973, page 188, dated December 14, 1987 conveyed 188.012 acres from Joseph M. Casero and Karina G. Casero to Harry A. Wellons, Jr. and Florence L. Wellons. The deed references Deed Book 949, page 320 and Deed Book 759, page 588 for a description of the parcel. This transaction had no effect on the legal status or development rights of Tax Map 16, Parcel 7.

 

Deed Book 1018, page 440, dated September 30, 1988 conveyed 188.012 acres from Harry A. Wellons, Jr. and Florence L. Wellons to Arthur A. Watson, Jr. and Rachel L. Galbraith. The parcel is described as being the same as that conveyed by Deed Book 973, page 188. This transaction had no effect on the legal status or development rights of Tax Map 16, Parcel 7.

 

Deed Book 1976, page 662, dated December 14, 2000 conveyed several tracts from Arthur A. Watson, Jr. and Rachel L. Galbraith to Burning Daylight Farms, Inc. Among these tracts was Parcel Six, containing 188.012 acres described as being the same property conveyed by the deed of record in Deed Book 1018, page 440.  This transaction had no effect on the legal status or development rights of Tax Map 16, Parcel 7.

 

Deed Book 1976, page 667, dated December 14, 2000 conveyed several tracts from Burning Daylight Farms, Inc. to Chapel Spring Farms Holdings, LLC. Among these tracts was Parcel Six, containing the 188.012 acres described and shown on a plat Gloeckner Engineering and Surveying dated revised on December 13, 2000.  This transaction had no effect on the legal status or development rights of Tax Map 16, Parcel 7.

 

Tax Map 16, Parcel 10

 

Our records indicate Tax Map 16, Parcel 10 contains 87.330 acres and no dwellings. The property is not in an Agricultural Forestal District. The most recent recorded instrument for this property is recorded in Deed Book 1976, page 667.

 

The most recent deed for this parcel recorded prior to the adoption of the Zoning Ordinance, December 10, 1980 is recorded in Deed Book 438, page 159 and is dated December 20, 1967. This deed conveyed several tracts from John Roger Thompson and Patricia Shaffer Thompson to Harold E. Van Der Linde. Among these was Tract #1 described as containing 91.5 acres and further described as Lot 2 on a plat recorded in Deed Book 114, page 267. It is determined that this deed established the 91.5-acre tract as a parcel of record with five (5) development rights.

 

Deed Book 569, page 345, dated February 28, 1975, contains a deed of trust. The 91.5 acre tract is included among the encumbered parcels and is shown on a composite plat by William S. Roudabush, dated January 28, 1971. This transaction had no effect on the legal status or development rights of Tax Map 16, Parcel 10.

 

Deed Book 738, page 388, dated December 18, 1981, conveyed right of way to the Commonwealth of Virginia for improvements to Route 671. This transaction had no effect on the legal status or development rights of Tax Map 16, Parcel 10.

 

Deed Book 865, page 739, dated January 23, 1986, conveyed several parcels of land totaling an aggregate of 1,314.6 acres by Deed of Gift from Harold E. Van Der Linde to Elizabeth Van Der Linde. The description of the property references a composite plat by William S. Roudabush, dated January 28, 1971, attached to a deed of trust recorded in Deed Book 569, page 345. The 91.5 acres is located on east side of Route 671. It is described as No. 2 on plat recorded in Deed Book 114, page 267 and the strip of land dedicated to the Commonwealth for road improvements recorded in Deed Book 738, page 388 were among the tracts conveyed by this deed. It is determined that the deed description in Deed Book 865, page 739, the reference to the plat by William Roudabush and the listing of the separate deed references in this deed preserved the identity of the 20 separate parent parcels.

 

Deed Book 939, page 440, dated May 15, 1987 conveyed two tracts containing a total of 1316.13 acres from Elizabeth Van Der Linde & Harold E. Van Der Linde to Arthur A. Watson & Rachel L. Galbraith. Among the parcels conveyed by this deed was Tract 2 containing 87.33 acres, shown on the attached plat by Wm. Morris Foster, Surveyor, dated May 4, 1987; and being the same real property in all respects conveyed to Elizabeth Van Der Linde by Deed of Gift of Harold E. Van Der Linde, dated January 23, 1986, recorded in the Clerk’s Office of the Circuit Court of Albemarle County, in Deed Book 865, page 739. It is assumed that the conveyance of right of way reduced the acreage of this parcel from 91.5 acres to 87.33 acres. This transaction had no effect on the legal status or development rights of Tax Map 16, Parcel 10.

 

Deed Book 1976, page 662, dated December 14, 2000 conveyed several tracts from Arthur A. Watson, Jr. and Rachel L. Galbraith to Burning Daylight Farms, Inc. Among these tracts was Parcel One, which included Tract 2, containing 87.33 acres, as shown on a plat of record in Deed Book 939, page 442. This transaction had no effect on the legal status or development rights of Tax Map 16, Parcel 10.

 

Deed Book 1976, page 667, dated December 14, 2000 conveyed several tracts from Burning Daylight Farms, Inc. to Chapel Spring Farms Holdings, LLC. Among these tracts was Parcel One, which included Tract 2 containing 87.33 acres shown on the Morris Foster plat dated May 4, 1987.  This transaction had no effect on the legal status or development rights of Tax Map 16, Parcel 10.

 

Tax Map 16, Parcel 10A1

 

Our records indicate Tax Map 16, Parcel 10A1 contains 25.28 acres and no dwellings. The property is not in an Agricultural Forestal District. The most recent recorded instrument for this property is recorded in Deed Book 1976, page 667.

 

The most recent deed for this parcel recorded prior to the adoption of the Zoning Ordinance, December 10, 1980 is recorded in Deed Book 406, page 75 and is dated March 10, 1965. This deed conveyed 25.36 acres from John G. Dunn to C. Garland Maupin and Marguerite F. Maupin. The property is designated as Parcel B on a plat by O. R. Randolph, dated March 5, 1965 that is attached. It is determined that this deed established the 25.28-acre tract as a parcel of record with five (5) development rights.

 

Deed Book 738, page 392, dated October 31, 1981, conveyed right of way to the Commonwealth of Virginia for improvements to Route 671. This transaction had no effect on the legal status or development rights of Tax Map 16, Parcel 10A1.

 

Deed Book 958, page 475, dated August 10, 1987, conveyed two tracts from Marguerite M. Shepherd, formerly Marguerite F. Maupin to Arthur A. Watson & Rachel L. Galbraith. Parcel 1 is described as the 25.36-acre that was conveyed by the deed of record in Deed Book 406, page 75. This transaction had no effect on the legal status or development rights of Tax Map 16, Parcel 10A1.

 

Deed Book 1976, page 662, dated December 14, 2000 conveyed several tracts from Arthur A. Watson, Jr. and Rachel L. Galbraith to Burning Daylight Farms, Inc. Among these tracts was Parcel Three-A, containing 25.36 acres, as shown on a plat of record in Deed Book 406, page 75. This transaction had no effect on the legal status or development rights of Tax Map 16, Parcel 10A1.

 

Deed Book 1976, page 667, dated December 14, 2000 conveyed several tracts from Burning Daylight Farms, Inc. to Chapel Spring Farms Holdings, LLC. Among these tracts was Parcel Three-A, containing 25.36 acres shown on the O. R. Randolph plat dated March 5, 1965.  This transaction had no effect on the legal status or development rights of Tax Map 16, Parcel 10A1.

 

Tax Map 16, Parcel 10A3

 

Our records indicate Tax Map 16, Parcel 10A3 contains 3.540 acres and one dwelling. The property is not in an Agricultural Forestal District. The most recent recorded instrument for this property is recorded in Deed Book 1976, page 667.

 

The most recent deed for this parcel recorded prior to the adoption of the Zoning Ordinance, December 10, 1980 is recorded in Deed Book 407, page 299 and is dated May 11, 1965. This deed conveyed 3.55 acres from John G. Dunn to Marguerite F. Maupin. The property is shown on a plat by O. R. Randolph, dated April 5, 1965 that is attached. It is determined that this deed established the 3.55-acre tract as a parcel of record with one (1) development right.

 

Deed Book 738, page 392, dated October 31, 1981, conveyed right of way to the Commonwealth of Virginia for improvements to Route 671. This transaction had no effect on the legal status or development rights of Tax Map 16, Parcel 10A3.

 

Deed Book 958, page 475, dated August 10, 1987, conveyed two tracts from Marguerite M. Shepherd, formerly Marguerite F. Maupin to Arthur A. Watson & Rachel L. Galbraith. Parcel 2 is described as the 3.55-acre lot that was conveyed by the deed of record in Deed Book 407, page 299. This transaction had no effect on the legal status or development rights of Tax Map 16, Parcel 10A3.

 

Deed Book 1976, page 662, dated December 14, 2000 conveyed several tracts from Arthur A. Watson, Jr. and Rachel L. Galbraith to Burning Daylight Farms, Inc. Among these tracts was Parcel Three-B, containing 3.55 acres, as shown on a plat of record in Deed Book 407, page 299. This transaction had no effect on the legal status or development rights of Tax Map 16, Parcel 10A3.

 

Deed Book 1976, page 667, dated December 14, 2000 conveyed several tracts from Burning Daylight Farms, Inc. to Chapel Spring Farms Holdings, LLC. Among these tracts was Parcel Three-B, containing 3.55 acres shown on the O. R. Randolph plat of record in Deed Book 407, page 299.  This transaction had no effect on the legal status or development rights of Tax Map 16, Parcel 10A3.

 

Tax Map 16, Parcel 11

 

Our records indicate Tax Map 16, Parcel 11 contains 56.85 acres and no dwellings. The property is not in an Agricultural Forestal District. The most recent recorded instrument for this property is recorded in Deed Book 1976, page 667.

 

The parcels described below are shown on an exhibit titled, “A sketch Showing Tracts Making Up Parcel 11, Tax Map 16” that is attached to this determination.

 

Item I

 

The most recent deed for this parcel recorded prior to the adoption of the Zoning Ordinance, December 10, 1980 is recorded in Deed Book 93, page 269 and is dated May 1,1890. This deed conveyed 3 ¼ acres from Nelson White and Mahala White to Nelson F. White. The property is described as lying on the public road leading by Wesley Chapel Church to Free Union and is further described by metes and bounds. It is determined that this deed established the 3 1/4-acre tract as a parcel of record with one (1) development right.

 

Item II

 

The most recent deed for this parcel recorded prior to the adoption of the Zoning Ordinance, December 10, 1980 is recorded in Deed Book 97, page 125 and is dated July 22, 1891. This deed conveyed 1 acre from Steven Points and Betty Points to Nelson F. White. The property is described as lying on the road near Wesley Chapel Church and is further described by metes and bounds. It is determined that this deed established the 1-acre tract as a parcel of record with one (1) development right.

 

Item III

 

The most recent deed for this parcel recorded prior to the adoption of the Zoning Ordinance, December 10, 1980 is recorded in Deed Book 103, page 344 and is dated May 24, 1895. This deed conveyed 2 ¾ acres from Mahaley White and Betty Carr to Nelson F. White. The property is described as lying on the road at or near Wesley Chapel Church leading to Free Union and is further described by metes and bounds. It is determined that this deed established the 2 ¾ -acre tract as a parcel of record with one (1) development right.

 

Item IV

 

The most recent deed for this parcel recorded prior to the adoption of the Zoning Ordinance, December 10, 1980 is recorded in Deed Book 117, page 106 and is dated March 19, 1900. This deed conveyed 32 1/4 acres from Special Commissioner for A. R, Blakey et.al. to Nelson F. White. The property is described as lying and situate in the County of Albemarle near Free Union and is further described by metes and bounds. It is determined that this deed established the 32 ¼ -acre tract as a parcel of record with five (5) development rights.

 

Item V

 

The most recent deed for this parcel recorded prior to the adoption of the Zoning Ordinance, December 10, 1980 is recorded in Deed Book 126, page 29 and is dated March 9, 1903. This deed conveyed 3 1/4 acres from Mahaley White and Bettie Terrell (formerly Bettie Carr) to Nelson F. White. The property is described by metes and bounds. It is determined that this deed established the 3 ¼ -acre tract as a parcel of record with one (1) development right.

 

Item VI

 

The most recent deed for this parcel recorded prior to the adoption of the Zoning Ordinance, December 10, 1980 is recorded in Deed Book 155, page 33 and is dated March 18, 1914. This deed conveyed 2 acres from Bettie Argabright and James Argabright (formerly Bettie Carr) to Nelson F. White. The property is described as lying and situate on the North side of Albemarle County near Free Union and by metes and bounds. It is determined that this deed established the 2-acre tract as a parcel of record with one (1) development right.

 

Deed Book 738, page 396, dated August 27, 1981, conveyed right of way to the Commonwealth of Virginia for improvements to Route 671. This transaction had no effect on the legal status or development rights of the separate parcels that comprise Tax Map 16, Parcel 11.

 

Deed Book 1008, page 408, dated August 12, 1988, conveyed 56.572 from the heirs of Nelson F. White to Arthur A. Watson & Rachel L. Galbraith. Parcel 2 is particularly described on a plat of Thomas D. Blue, dated June 30, 1988. The plat references D.B. 93 – 269, D.B 97-125, D.B. 103 – 344, D.B. 117 – 106, D.B. 126 – 29 and D.B. 155 – 335. It is determined that these references to the prior deeds preserve the separate identity of the six separate parcels. Therefore, this transaction had no effect on the legal status or development rights of the separate parcels that comprise Tax Map 16, Parcel 11.

 

Deed Book 1976, page 662, dated December 14, 2000 conveyed several tracts from Arthur A. Watson, Jr. and Rachel L. Galbraith to Burning Daylight Farms, Inc. Among these tracts was Parcel Two, containing 56.572 acres, as shown on a plat of record in Deed Book 1008, page 503. This transaction had no effect on the legal status or development rights of the separate parcels that comprise Tax Map 16, Parcel 11.

 

Deed Book 1976, page 667, dated December 14, 2000 conveyed several tracts from Burning Daylight Farms, Inc. to Chapel Spring Farms Holdings, LLC. Among these tracts was Parcel Two, containing 56.572 acres shown on the Thomas D. Blue plat of record in Deed Book 1008, page 503. This transaction had no effect on the legal status or development rights of the separate parcels that comprise Tax Map 16, Parcel 11.

 

Tax Map 28, Parcel 23D

 

Our records indicate Tax Map 28, Parcel 23D contains 23.430 acres and one dwelling. The property is not in an Agricultural Forestal District. The most recent recorded instrument for this property is recorded in Deed Book 1976, page 667.

 

The most recent deed for this parcel recorded prior to the adoption of the Zoning Ordinance, December 10, 1980 is recorded in Deed Book 632, page 321 and is dated September 12, 1977. This deed conveyed 19.50 acres from T. Martin Dunn and Anne H. Dunn to Peter G. Svenson and Jane M. Svenson. The 19.5-acre parcel is described as being a portion of a tract of land devised to Thomas M. Dunn by the Will of Percey T. Dunn, of record in Will Book 39, page 378 containing about 40 acres and being a part of a 61-acre parcel conveyed by the deed of record in Deed Book 125, page 170. The 19.5-acre parcel shown on the plat of Wm. Morris Foster, dated August 25, 1977. It is determined that this deed established the residue of the 40-acre +/- parcel, now designated as Parcel 23D on Tax Map 28, as a parcel of record with five (5) development rights.

 

Deed Book 1002, page 299, dated June 30, 1988, conveyed 2 tracts of land from Anne Dunn and the Estate of Thomas M. Dunn to Arthur A. Watson & Rachel L. Galbraith. Parcel 2 is described as containing 23.5 acres and as Parcel 23D on Tax Map 28. This transaction had no effect on the legal status or development rights of Tax Map 28, Parcel 23D. The deed references a plat by Thomas Blue that was not recorded.

 

Deed Book 1976, page 662, dated December 14, 2000 conveyed several tracts from Arthur A. Watson, Jr. and Rachel L. Galbraith to Burning Daylight Farms, Inc. Among these tracts was Parcel Four, containing 23.5 acres, and more particularly described as Parcel 23D on Tax Map 28. This transaction had no effect on the legal status or development rights of Tax Map 28, Parcel 23D.

 

Deed Book 1976, page 667, dated December 14, 2000 conveyed several tracts from Burning Daylight Farms, Inc. to Chapel Spring Farms Holdings, LLC. Among these tracts was Parcel Four, containing 23.5 acres, and more particularly described as Parcel 23D on Tax Map 28. This transaction had no effect on the legal status or development rights of Tax Map 28, Parcel 23D.

 

Tax Map 28, Parcel 23H

 

Our records indicate Tax Map 28, Parcel 23D contains 14.95 acres and no dwellings. The property is not in an Agricultural Forestal District. The most recent recorded instrument for this property is recorded in Deed Book 1976, page 667.

 

The most recent deed for this parcel recorded prior to the adoption of the Zoning Ordinance, December 10, 1980 is recorded in Deed Book 439, page 145 and is dated January 2, 1968. This deed conveyed 15 acres from H. E. Van Der Linde and Elizabeth D. Van Der Linde to Thomas M. Dunn. The property is described on the plat of William S. Roudabush, dated October 23, 1967. It is determined that this deed established the 15-acre tract as a parcel of record with five (5) development rights.

 

Deed Book 1002, page 299, dated June 30, 1988, conveyed 2 tracts of land from Anne Dunn and the Estate of Thomas M. Dunn to Arthur A. Watson & Rachel L. Galbraith. Parcel 1 is described as containing 15 acres and more particularly on a plat of record in Deed Book 439, page 149. This transaction had no effect on the legal status or development rights of Tax Map 28, Parcel 23H.

 

Deed Book 1976, page 662, dated December 14, 2000 conveyed several tracts from Arthur A. Watson, Jr. and Rachel L. Galbraith to Burning Daylight Farms, Inc. Among these tracts was Parcel Five, described as containing 15 acres and more particularly on a plat of record in Deed Book 439, page 149. This transaction had no effect on the legal status or development rights of the separate parcels that comprise Tax Map 28, Parcel 23H.

 

Deed Book 1976, page 667, dated December 14, 2000 conveyed several tracts from Burning Daylight Farms, Inc. to Chapel Spring Farms Holdings, LLC. Among these tracts was Parcel Five, described as containing 15 acres and more particularly on a plat of record in Deed Book 439, page 149. This transaction had no effect on the legal status or development rights of Tax Map 28, Parcel 23H.

 

These parcels are entitled to the noted development rights if all other applicable regulations can be met. These development rights may only be utilized within the bounds of the original parcels with which they are associated. 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, the parcel may create as many smaller 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.  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

 

 

Attachments:        Key showing location of separate parcels that comprise Parcel 11

                             Key showing the parent tracts of Parcel 7

 

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