August 18, 2005

Richard E. Carter

P.O. Box 1567

Charlottesville, VA 22902

 

RE: OFFICIAL DETERMINATION OF DEVELOPMENT RIGHTS AND PARCELS- Tax Map 105, Parcel 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 48 is comprised of sixteen separate parcels of record and one additional 59.86 area that contains zero development rights. The parcels with their associated development rights are identified on the matrix. The parcels are identified by numbers on the matrix that are shown on the enclosed key. These parcel numbers are bracketed in this determination. The acreages on the matrix are based on the study by Steve Garrett of Trueline II Surveying, Inc. The acreages noted in the determination are based on the deeds.

 

#

Old TM #

Acreage

Dev. Rights

DB/p

1

40 Lowland

21.04

5

142/85

2

44 Lowland

15.99

5

142/85

3

Lot 4 Lowland

22.32

5

142/85

4

Lot 3 Lowland

15.86

5

142/85

5

Lot 2 Lowland

14.83

5

142/85

6

25 Highland

193.96

5

142/85

7

24 Highland

46.91

5

142/85

8

23 Highland

29.20

5

142/85

9

10 Highland

29.97

5

142/85

10

11 Highland

41.11

5

142/85

11

28

101.48

5

208/290

12

28A

5.54

2

320/390

13

32

18.22

3 or 4

743/312

14

31

8.4

4

200/211

15

28B

31.42

5

320/390

16

26 (portion)

17.25

5

2274/ 258

X

11 (portion)

59.86

0

2274/ 258

 

The basis for this determination is summarized as follows:

 

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. Portions of 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 plats and deeds referenced on the survey.

 

A description and analysis of those 5 plats and 21 deeds follows.

 

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 off conveyed. Tax Map 105, Parcel 48 now contains 10 separate parcels that were shown on that plat. The locations of these 10 parent parcels are shown on Steve Garrett’s study titled “Lowland Parcels  2, 3, 4, 5 & 6 and Highland Parcels 6, 8, 9, 10 & 11 shown on J. R. Furguson Plat” that is attached. It is determined that this plat established these 10 lots as parcels of record per Section 10.3. Each of these parcels contain five (5) theoretical development rights. Be aware that significant portions of the Lowland parcels are in the flood plain. [1] [2] [3] [4] [5] [6] [7] [8] [9] [10]

 

2.       Deed Book 154, page 143, dated December 14, 1908 conveyed 32 ¾ 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 property was previously identified on Tax Map 105 as Parcels 31 and 32. This property is identified as [13] & [14] and on Steve Garrett’s study.

 

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 property is identified on Tax Map 105 as Parcel 33. This parcel is not part of the subject property of this determination.

 

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. This property was previously identified on Tax Map 105 as Parcel 38. It is a portion of Parcel D on the Roudabush and Glockner plat. This parcel is not part of the subject property of this determination.

 

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 property was previously identified on Tax Map 105 as the western portion of Parcel 28. It is determined that this deed established this 93.95-acre tract as a parcel of record per Section 10.3. This parcel is identified as [11] on Steve Garrett’s study.

 

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 property is identified as [12] & [15] and on Steve Garrett’s study. This property also included T.M. 105-28A & 28A1.

 

Deed Book 320, page 390, dated September 22, 1955, conveyed 18 acres, by estimation, from William Garland, James Murray Garland, Albert P. Garland and Mallie Garland to Earl C. Harlow and Martha Harlow. The land is described as being cut off of the northwestern portion of the tract of 54.9 acres that was conveyed by the deed of recorded in Deed Book 154, page 142. The deed references the plat of record on page 143. The 18-acre tract was subdivided by a plat recorded in Deed Book 1421, page 738. The plat created parcels 28A and 28A1. These two parcels totaled 17.577 acres. The 18-acre parcel was previously identified as Parcel 28A on Tax Map 105. It is shown incorrectly as a rectangle on the old tax map. It is accurately shown on Steve Garrett’s study in agreement with the metes and bounds description in Deed Book 320, page 390. It is determined that this deed

established the 31.42-acre residue [15] (Parcel 28B) located to the southeast of the 18-acre parcel and the 5.54-acre residue [12] located to the northwest of the 18-acre parcel as separate parcels of record per Section 10.3. The 18-acre tract was subsequently divided into Parcels 28A1 & 28A by the plat of record in Deed Book 1421, page 738. Those parcels are not a part of this determination.

 

Deed Book 550, page 509 referenced two additional deeds, listed below, that were not noted on the Roudabush and Gloeckner 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. [16]

 

2.       Deed Book 256, page 346 conveyed 76.5 acres, being the same land conveyed in Deed Book 208, page 391. [16]

 

A portion of this parcel was recently made part of T.M. 105-11. This property was previously identified on Tax Map 105 as Parcel 31. This deed established this 76.5-acre tract as a parcel of record with five (5) development rights per Section 10.3. The parcel identified as [16] on Steve Garrett’s study is the residue of this tract .

 

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

 

  1. Deed Book 176, page 322 conveyed an existing 1.5 acre parcel. This is the same land in all respects that was conveyed by the deed of record in Deed Book 156, page 118. This property was previously identified as Parcel 38 on Tax Map 105. This is not part of Parcel 48. This transaction had no effect on the legal status of the parcels that remain a part of Tax Map 105, Parcel 48.

 

  1. Deed Book 200, page 211, dated June 19, 1926, conveyed 8.95 acres from George Garland, James M. Garland, Albert Garland, and Mallie Boyd Garland to Mallie Boyd Garland and Bessie David Garland. The property is described as being a portion of the land conveyed by the deed of record in Deed Book 154, page 143. The property is shown on a survey and plat by M. M. VanDoran that is attached to this deed. It is determined that this deed established the 8.95-acre parcel and the 23.8-acre residue as two separate parcels of record per Section 10.3.  The 8.95-acre parcel was previously identified on Tax Map 105 as parcel 31. The 23.8-acre residue parcel was previously identified on Tax Map 105 as parcel 32. These parcels are identified as [13] & [14] on Steve Garrett’s study.

 

  1. Deed Book 249, page 431 contains six offers from Bernard P. Chamberlain to the Commonwealth of Virginia for right-of-way improvements. These are described, in part, as follows:

 

2.56 acres from the land of James Garland

0.03 acres from the land of George Garland

0.38 acres from the land of Julia Winston

4.16 acres from the land of Lindsay Jones, formerly belonging to the Martha Jones Estate

0.45 acres from the land of Alice Whiting formerly owned by Thomas Whiting

1.54 acres from the land of Jerry Barbour for life, remainder to Betsy Lightfoot and and Irving Whiting

 

This transaction reduced the size but did not affect the legal status of the parcels.

 

4.       Deed Book 249, page 491, dated January 1, 1940, conveyed 16.25 acres from Bernard P. Chamberlain, Special Commissioner to Emmett Winston. The land is shown on a plat by Hugh Simms, dated July 1912. This was a portion of Highland Lot 7 on the J. R. Furgeson Plat. This is Tax Map 106, parcel 8. This transaction had no effect on the legal status of the parcels that remain a part of Tax Map 105, Parcel 48.

 

5.       Deed Book 249, page 494, dated January 17, 1941, conveyed four lots shown on the 1906 J. R. Furgeson plat and an additional 17-acre parcel from Bernard P. Chamberlain, Special Commissioner to Jerry Barbour, Betsy Lightfoot and Irving Whiting. The lots are identified as follows:

 

Lot 7 Lowland containing 13 acres,1 rood, 8 poles

Lot 12 Highland containing 38 acres, 0 rood, 32 poles

Lot 2 Highland containing 10 acres, 3 rood,  20 poles (half interest)

Lot 3 Highland containing 10 acres, 3 rood, 28 poles

 

But from this conveyance is expressly excluded 1.54 acres which has been conveyed to the Commonwealth for Route 642

 

The 17-acre parcel was the same as was conveyed to Jerry Barbour by the deed of record in Deed Book 199, page 397. The plat attached to that deed shows that this parcel is designated as Tax Map 105, Parcel 35. It is not part of this determination. This transaction had no effect on the legal status of the parcels that remain a part of Tax Map 105, Parcel 48.

 

 

6.       Deed Book 249, page 498, dated January 17, 1941, conveyed four lots shown on the 1906 J. R. Furguson plat from Bernard P. Chamberlain, Special Commissioner to Hayes Garland and Emily Boyd Garland. The lots are identified as follows:

 

Lot 8 Lowland containing 10 acres, 2 rood,19 poles

Lot 11 Highland containing 38 acres 1 rood 0 poles

Lot 2 Highland containing 10 acres 3 roods 20 poles (half interest)

Lot 3 Highland containing 10 acres 3 rood 28 poles

 

This transaction had no effect on the legal status of the parcels that remain a part of Tax Map 105, Parcel 48.

 

7.       Deed Book 249, page 500, dated January 17, 1941, conveyed two lots shown on the 1906 J. R. Furgeson plat from Bernard P. Chamberlain, Special Commissioner to Lindsay Jones. The lots are identified as follows:

 

Lot 1 Lowland containing 32 acres, 0 rood, 0 poles

Lot 13 Highland containing 49 acres, 0 rood, 20 poles

 

From this conveyance is excluded 4.16 acres as hereinbefore set forth.

 

This transaction had no effect on the legal status of the parcels that remain a part of Tax Map 105, Parcel 48.

 

8.       Deed Book 249, page 503 dated January 17, 1941, conveyed eight lots shown on the 1906 J. R. Furgeson plat from Bernard P. Chamberlain, Special Commissioner to James Garland. The lots are identified as follows:

 

FIRST: Lot 2 Lowland containing 15 acres, 3 rood, 27 poles

  Lot 3 Lowland containing 15 acres, 3 rood, 27 poles

  Lot 4 Lowland containing 21 acres, 3 rood, 10 poles

  Lot 9 Lowland containing 3 acres, 0 rood, 0 poles

  Lot 6 Highland containing 171 acres, 2 rood, 31 poles

                                        Total 228 acres, 1 rood, 15 poles

 

            SECOND: Lot 10 Lowland containing 10 acres, 2 rood, 19 poles

               Lot 1 Highland containing 17 acres, 0 rood, 0 poles

                          Lot 10 Highland containing 32 acres, 0 rood, 20 poles

                                                  Total 59 acres, 2 rood, 39 poles

 

                          With the exception of the strips of land containing 2.56 acres

 

           THIRD: An additional 50 foot by 125 foot parcel located on the west side of the                  

                        Scottsville Road. This same parcel was conveyed by the deeds recorded 

                        in Deed Book 110, page 194 and Deed Book 142, page 82. Deed Book    

                        142, page 82 states this lot is located on the Scottsville Road in the

                        south eastern suburbs of the City of Charlottesville. This lot is not part of 

                        this determination.

 

This transaction had no effect on the legal status of the parcels that remain a part of Tax Map 105, Parcel 48.

 

9.       Deed Book 249, page 506 conveyed a 24.25 acre parcel. This is identified as being the same parcel that was conveyed by the deed of record in Deed Book 203, page 249. The old tax map identifies this parcel as Tax Map 105, Parcel 9. This is Highland Parcel 7. This transaction had no effect on the legal status of the parcels that remain a part of Tax Map 105, Parcel 48.

 

10.   Deed Book 249, page 508 conveyed three lots shown on the 1906 J. R. Furgeson plat. The lots are identified as follows:

 

Lot 5 Lowland containing 15 acres, 3 roods, 27 poles

Lot 5 Highland containing 17 acres, 0 roods, 6 poles

Lot 9 Highland containing 32 acres, 0 roods, 0 poles

                                Total 64 acres, 3 roods, 33 poles

 

This transaction had no effect on the legal status of the parcels that remain a part of Tax Map 105, Parcel 48.

 

11.   Deed Book 250, page 107 conveyed three lots shown on the 1906 J. R. Furgeson plat. The lots are identified as follows:

 

Lot 6 Lowland containing 23 acres, 3 roods, 20 poles

Lot 4 Highland containing 28 acres, 2 roods, 32 poles

Lot 8 Highland containing 44 acres, 3 roods, 0 poles

                                Total 97 acres, 2 roods, 10 poles

 

A 2.5-acre parcel, a portion of Lot 4 Highland was excluded from this conveyance. This is Tax Map 105, Parcel 39.

 

This transaction had no effect on the legal status of the parcels that remain a part of Tax Map 105, Parcel 48.

 

12.   Deed Book 251, page 179 conveyed a 9-acre portion of Lot 7 Highland on the 1906 J. R. Furgeson plat. This is described as being all of the residue of Lot

      7 Highland. This transaction had no effect on the legal status of the          

      parcels that remain a part of Tax Map 105, Parcel 48.

 

13.   Deed Book 252, page 3 conveyed an interest in Lot 2 Highland on the 1906 J. R. Furgeson plat. This transaction had no effect on the legal status of Parcels that remain a part of Tax Map 105, Parcel 48.

 

14.   Deed Book 252, page 26 conveyed an interest in Lot 3 Highland on the 1906 J. R. Furgeson plat. This transaction had no effect on the legal status of Parcels that remain a part of Tax Map 105, Parcel 48.

 

15.   Deed Book 264, page 16 is referenced on the plat. This deed conveyed a utility easement. This transaction had no effect on the legal status of Parcels that remain a part of Tax Map 105, Parcel 48.

 

16.   Deed Book 264, page 114 conveyed percentage interests in Lot 11 Highland, Lot 2 Highland, Lot 3 Highland and on the 1906 J. R. Furgeson plat. This transaction had no effect on the legal status of Parcels that remain a part of Tax Map 105, Parcel 48.

 

17.   Deed Book 291, page 537 conveyed the 1.5-acre portion of Lot 5 Highland on the 1906 J. R. Furgeson plat. Lot 5 Highland is not included in Parcel 48. This transaction had no effect on the legal status of Parcels that remain a part of Tax Map 105, Parcel 48.

 

18.   Deed Book 320, page 370 conveyed the same 9-acre parcel that was conveyed by Deed Book 251, page 179. This transaction had no effect on the legal status of Parcels that remain a part of Tax Map 105, Parcel 48.

 

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.

 

Parcel 1 is comprised of the 93.95-acre tract [11] and the two residue parcels of the 54.9-acre tract [12] & [15] after the off-conveyance of 18 acres described in Deed Book 320, page 390. The deed describes this parcel as being the remainder of two tracts conveyed by two deeds recorded in Deed Book 154, page 142 and Deed Book 208, page 290. It is determined that this deed did not combine these tracts. On the basis of this deed the 93.95-acre tract contained five (5) development rights. The 31.42-acre residue [15] contained five (5) development rights. The 5.9-acre tract [12] contained two (2) development rights.

 

Parcel 7 is the residue of the 32.75-acre parcel described in Deed Book 200, page 211. This transaction had no effect on the 23.8-acre parcel. [13]

 

           The other parcels referenced in this deed are not a part of Parcel 48.

 

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. The plat referenced Deed Book 550, page 509 and Deed Book 680, page 463. This is a portion of the 23.8-acre parcel now designated as Tax Map 105, Parcel 32. The Howell plat was not approved by the County and did not allocate development right(s) as required. As a result of this transaction, the residue of the 23.8-acre parcel [13] contained 18.22 acres and either 3 or 4 development rights. This matter must be resolved by agreement of the owner of Parcel 48 and the owner of Parcel 32.

 

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 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 T.M. 105-11 and T.M. 105-48. Parcel Y, a portion of Parcel 48 containing 71.9 acres, was added to Parcel 11. Parcel X, 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. No development rights were conveyed with either X or Y. As a result of this transaction the residue of the 76.5-acre portion of Parcel 48 [16], containing 17.25 acres retains five development rights. The 59.86-acre portion of Parcel 48 [X] contains zero development rights.

 

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 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, 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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