August 17, 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 98, Parcels 12, 13 & 14 (Property of Norwood H. Davis and Nicol Spain Butters Davis) 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 98, Parcel 12 has five (5) theoretical development rights. 

Tax Map 98, Parcel 13 has five (5) theoretical development rights. 

Tax Map 98, Parcel 14 has ten (10) theoretical development rights. Five of these development rights are associated with the original 376.5-acre Parcel 14. Five additional development rights are associated with a 66.338-acre portion of the original Parcel 2D. These five development rights are allocated as shown on the plat of record in Deed Book 2932, page 567. A copy of the plat is enclosed.

 

The basis for this determination follows.

 

Tax Map 98, Parcel 12

 

Our records indicate Tax Map 98, Parcel 12 contains 20 acres and one dwelling. The property is in the Chalk Mountain Agricultural Forestal District. The most recent recorded instrument for this property is recorded in Deed Book 1912, page 23.

 

This analysis begins with Deed Book 190, page 342, dated May 23, 1924. This deed conveyed 20 acres from Julia White Sutherland and B. C. Sutherland to William Henry. The property is shown on a plat dated December 12, 1913 by M. M. Van Doren, Deputy

S.A.C. that is attached to this deed. This deed established this 20-acre parcel as a separate parcel of record.

 

The most recent deed for this parcel recorded prior to the adoption of the Zoning Ordinance, December 10, 1980 is recorded in Deed Book 569, page 429 and is dated March 3, 1975. This deed conveyed a joint life estate from Lucinda Henderson to John Henry Henderson. The property is described as being the same that was conveyed by the deed of record in Deed Book 190, page 342. Based on this deed, the 20-acre parcel is a lot of record with five (5) development rights.

 

Deed Book 1031, page 726, dated January 13, 1989 conveyed 20 acres from John Henry Henderson, widower of Lucinda Henderson to Robert S. Brown and Dorothy H. Brown. The property is further described by reference to the deed of record in Deed Book 190, page 343 and Deed Book 569, page 429. This transaction had no effect on the legal status or development rights of Tax Map 98, Parcel 12.

 

Deed Book 1912, page 23, dated March 24, 2000, conveyed three tracts of land from Robert S. Brown and Dorothy H. Brown to Norwood H. Davis and Nicol Spain Butters Davis.  Among these was the third tract described by reference to the deed of record in Deed Book 190, page 343 and Deed Book 1031, page 726. This transaction had no effect on the legal status or development rights of Tax Map 98, Parcel 12.

 

Tax Map 98, Parcel 13

 

Our records indicate Tax Map 98, Parcel 13 contains 177.75 acres and one dwelling. The property is in the Chalk Mountain Agricultural Forestal District. The most recent recorded instrument for this property is recorded in Deed Book 1912, page 23.

 

This analysis begins with Deed Book 101, page 116, dated June 18, 1894. This deed conveyed 177 ¾ acres from Louis F. Hanckel, Special Commissioner and S.A. Brick and E.W. Brick to Jerry M. White. The property is shown on a plat dated June 1894 by John T. E. Simms, S.A.C. that is attached to this deed. This deed established this 177.75-acre parcel as a separate parcel of record.

 

Deed Book 123, page 272, dated May 6, 1902, conveyed 177.75 acres from Jerry M. White to William A. Burton, Charlie Burton and Cleveland Burton. The property is described by reference to the plat by J.T.E. Simms recorded with the deed of record in Deed Book 101, page 116. This transaction had no effect on the legal status of Tax Map 98, Parcel 13.

 

Deed Book  313, page 500, dated June 17, 1954, conveyed 177.75 acres from the heirs of Jerry M. White to William A. Burton, Charlie Burton and Cleveland Burton to Smith

Land and Lumber Company. The property is described by reference to the plat by J.T.E. Simms recorded with the deed of record in Deed Book 101, page 116. This transaction had no effect on the legal status of Tax Map 98, Parcel 13.

 

Deed Book 314, page 283 contains the same deed that is recorded in Deed Book 313, page 500. This transaction had no effect on the legal status of Tax Map 98, Parcel 13.

 

The most recent deed for this parcel recorded prior to the adoption of the Zoning Ordinance, December 10, 1980 is recorded in Deed Book 664, page 666 and is dated January 31, 1979. This Deed of Trust conveyed two parcels from Smith Land and Lumber Company to Craig T. Redinger, Trustee of the Timberline Land Trust. The first parcel is described as containing 177.75 acres and is further described by reference to the plat of record in Deed Book 101, page 118 and the deed of record in Deed Book 314, page 283. Based on this deed, Tax Map 98, Parcel 13 is a lot of record with five (5) development rights.

 

Deed Book 710, page 146, dated January 16, 1981 conveyed two parcels from Craig T. Redinger, Trustee of the Timberline Land Trust to Deffenbaugh, Inc. The first parcel is described as containing 177.75 acres and is further described by reference to the plat of record in Deed Book 101, page 118.  This transaction had no effect on the legal status or development rights of Tax Map 98, Parcel 13.

 

Deed Book 757, page 645, dated February 22, 1983 conveyed two parcels from Deffenbaugh, Inc. to Robert S. Brown and Dorothy H. Brown. The first parcel is described as containing 177.75 acres and is further described by reference to the plat of record in Deed Book 101, page 118.  This transaction had no effect on the legal status or development rights of Tax Map 98, Parcel 13.

 

Deed Book 1912, page 23, dated March 24, 2000, conveyed three tracts of land from Robert S. Brown and Dorothy H. Brown to Norwood H. Davis and Nicol Spain Butters Davis.  Among these was the first tract described as containing 177 ¾ acres and further by reference to the deed of record in Deed Book 101, page 118. This transaction had no effect on the legal status or development rights of Tax Map 98, Parcel 13.

 

Original Tax Map 98, Parcel 14

 

Our records indicate Tax Map 98, Parcel 14 contains 442.509 acres and one dwelling. The property is in the Chalk Mountain Agricultural Forestal District. The most recent recorded instrument for this property is recorded in Deed Book 2072, page 89.

 

This analysis begins with Deed Book 47, page 65, dated April 5, 1848. By this deed Joseph Sutherland acquired 573 acres at the headwaters of the north fork of the Hardware River.

 

Deed Book 120, page 270, dated May 16, 1901, conveyed 376.5 acres from R. H. Wood, Special Commissioner to Jerry M. White and Ida Sutherland. This parcel is a part of the 573-acre tract, described as the Jones Tract in the will of William Sutherland recorded in Will Book 30, page 416. This deed established this 376.5-acre parcel as a separate parcel of record.

 

Deed Book 261, page 405, dated May 16, 1901, conveyed 376.5 acres from Ida Sutherland to Nathanial Garland Sutherland. This deed referenced the will of William Sutherland for a more particular description of the property. This transaction had no effect on the legal status of Tax Map 98, Parcel 14.

 

Deed Book 406, page 309, dated April 8, 1965 conveyed 376.5 acres from Nathanial Garland Sutherland to Smith Land and Timber Company. The property is identified as Parcel 14 on County Tax Map 98. The property is further described by reference to the deed of record in Deed Book 261, page 405. This transaction had no effect on the legal status of Tax Map 98, Parcel 14.

 

The most recent deed for this parcel recorded prior to the adoption of the Zoning Ordinance, December 10, 1980 is recorded in Deed Book 664, page 666 and is dated January 31, 1979. This Deed of Trust conveyed two parcels from Smith Land and Lumber Company to Craig T. Redinger, Trustee of the Timberline Land Trust. The second parcel is described as containing 376.5 acres and is further described by reference to the deed of record in Deed Book 406, page 309. Based on this deed, the

original Tax Map 98, Parcel 14 is a lot of record with five (5) development rights.

 

Deed Book 710, page 146, dated January 16, 1981 conveyed two parcels from Craig T. Redinger, Trustee of the Timberline Land Trust to Deffenbaugh, Inc. The second parcel is described as containing 376.5 acres and is further described as being known as the Jones Tract and as being designated as Parcel 14 on Tax Map 98. This transaction had no effect on the legal status or development rights of Tax Map 98, Parcel 14.

 

Deed Book 757, page 645, dated February 22, 1983 conveyed two parcels from Deffenbaugh, Inc. to Robert S. Brown and Dorothy H. Brown. The second parcel is described as containing 376.5 acres and is further described as being known as the Jones Tract and as being designated as Parcel 14 on Tax Map 98. This transaction had no effect on the legal status or development rights of Tax Map 98, Parcel 14.

Deed Book 1912, page 23, dated March 24, 2000, conveyed three tracts of land from Robert S. Brown and Dorothy H. Brown to Norwood H. Davis and Nicol Spain Butters Davis.  Among these was the second tract described as containing 376.5  acres and further by reference to the deed of record in Deed Book 757, page 645. This transaction had no effect on the legal status or development rights of Tax Map 98, Parcel 14.

 

Deed  Book 2072, page 89, dated August 8, 2001, contains a Deed of Exchange between Richard H. Walden and Norwood H. Davis and Nicol Spain Butters Davis. The deed contains a plat by Steven L. Key that shows a 2.594-acre portion of Parcel 14 being added to Parcel 1G and a 2.265 portion of Parcel 1G being added to Parcel 14. As a result of this transaction Parcel 14 contained 376.2 acres. This transaction had no further effect on the legal status or development rights of Tax Map 98, Parcel 14.

 

Tax Map 98, Parcel 2D

 

N.B.: This analysis is included here because a portion of Parcel 14 came from Parcel 2D. The residue of Parcel 2D is not a subject of this determination.

 

Deed book 254, page 456, dated June 10, 1942, conveyed 204.8 acres from Boyd C. Sutherland and Bessie T. Sutherland to Lewis Sutherland. The parcel is designated as Tract B on a plat attached to the deed dated May 1942 by A. L. Cumbow, Jr.

 

Deed Book 289, page 460, dated May 24, 1950, conveyed 60.8 acres from C. Lewis Sutherland and Kitty Bush Sutherland to Nat G. Sutherland. The parcel is described as being a portion of the 204.8-acre tract shown on the A. L. Cumbow plat. It is shown on a plat by T. W. Saunders, S.N.C that is attached to the deed. The approximate location of this parcel is sketched on the enclosed 1979 tax map. The effect of this off-conveyance was to divide the residue of the 204.8-acre tract into two separate parcels; one containing 87.4 acres and the other containing approximately 56.66 acres. The 87.4 acre parcel is not part of this determination. It is designated as Parcel 2B on Tax Map 98. This deed established the 60.8-acre parcel and the 56.66-acre parcel as separate parcels of record.

 

Deed Book 309, page 428, dated December 1, 1953, conveyed 5.38 acres from Lewis Sutherland and Blanche B. Sutherland to N. C. Sutherland. The parcel is described as being a portion of the 204.8-acre tract shown on the A. L. Cumbow plat. It is the portion of the 204.8-acre plat located on the north side of Route 697. It is shown on a plat by T. W. Saunders, S.N.C that is attached to the deed. This parcel is designated as Parcel 2C on the enclosed 1979 tax map. This transaction reduced the 56.66-acre parcel to 51.22

acres. This transaction had no effect on the legal status of this 51.22-acre parcel apart from the reduction of acreage.

 

The most recent deed for the 51.22-acre tract and the 60.8-acre tract is in Book 578, page 160. This deed, dated May 27, 1975, conveyed two tracts, containing a total of 245.75 acres from C. Lewis Sutherland and Kitty B. Sutherland to Henry J. Eiden and Anne T. Eiden. Tract a contained 131.8 acres, designated on the 1979 tax map as Parcel 2. This tract is not part of this determination. Tract b is described as containing all of the 204.8 acres shown on the Cumbow plat save and except the 87.4 acre parcel and the 5.38-acre parcel referenced above. The original parcels are shown on a composite plat by Kurt Gloeckner. The plat references the deeds recorded in Deed Book 254, page 459, Deed Book 289, page 462 and Deed Book 309, page 428. It is determined that the plat did not combine these separate parcels. On the basis of this deed, the 60.8-acre parcel and the 51.22-acre residue are each determined to be separate parcels of record with five (5) development rights.

 

Deed Book 727, page 189, dated September 21, 1981, conveyed 104.84 acres from Henry J. Eiden and Anne T. Eiden to James B. Fairchild.  The property is shown on a plat by William S. Roudabush, dated September 24, 1981. The plat shows Parcels A. B, C & C-1.

 

Parcel A, contains 13.32 acres and is the residue of the 60.8-acre tract of record in Deed Book 289, page 462 and Deed Book 576, page 163.

 

Parcel B is calculated to contain 47.48 acres, the balance of the 60.8-acre tract.

 

Parcel C contains 45 acres, the residue balance of the 51.22-acre parcel shown on the plat of record in Deed Book 578, page 163 after the off-conveyance of Parcel C-1.

 

Parcel C-1 contains 6.22 acres, a portion of the 51.22-acre parcel. As a result of this transaction the

 

This plat showed Parcels B and C joined by a hook containing 98.62 acres. The plat notes that, “the new tract composed of Parcels B and C maybe divided into 8 lots.” A copy of the plat is enclosed. It is determined that the hook did not extinguish the separate identities of Parcels B and C. The development right note is interpreted to mean that 1 development right was assigned to Parcel C-1, 4 development rights were retained by Parcel B, 1 development right was assigned to parcel A and 4 development rights were retained by Parcel B.

 

Deed Book 998, page 63, dated May 19, 1988, conveyed 104.84 acres from James B. Fairchild to William T. Ward and Constance W. Houchens. The property is described as

being the same as that conveyed by the deed of record in Deed Book 727, page 189. This transaction had no effect on the legal status or development rights of Tax Map 98, Parcel 2D.

 

Deed Book 1048, page 638 contains a deed of exchange between William T. Ward & Constance W. Houchens and Barbara R. White and Jayel Industries, Inc. and Heavenly Holding Company, Inc. Part of this transaction conveyed the 104.84 acres described in Deed Book 998, page 63 to Barbara R. White. This transaction had no effect on the legal status or development rights of Tax Map 98, Parcel 2D.

 

Deed Book 1196, page 420, dated December 18, 1991, conveyed an undivided 1.6665% interest in 104.84 acres from Barbara R. White to William T. Ward. The property is described as two parcels, 2D and 2E and references Deed Book 1048, page 638. This transaction had no effect on the legal status or development rights of Tax Map 98, Parcel 2D.

 

Deed Book 1196, page 422, dated December 18, 1991, conveyed an undivided 1.6665% interest in 104.84 acres from Barbara R. White to William T. Ward, Trustee of the Ward Land Trust. The property is described as two parcels, 2D and 2E and references Deed Book 1048, page 638. This transaction had no effect on the legal status or development rights of Tax Map 98, Parcel 2D.

 

Deed Book 1196, page 427, dated December 18, 1991, conveyed an undivided 1.6665% interest in 104.84 acres from Barbara R. White to Constance W. Houchens. The property is described as two parcels, 2D and 2E and references Deed Book 1048, page 638. This transaction had no effect on the legal status or development rights of Tax Map 98, Parcel 2D.

 

Deed Book 1196, page 429, dated December 18, 1991, conveyed an undivided 1.6665% interest in 104.84 acres from Barbara R. White to Constance W. Houchens, Trustee of the Houchens Land Trust. The property is described as two parcels, 2D and 2E and references Deed Book 1048, page 638. This transaction had no effect on the legal status or development rights of Tax Map 98, Parcel 2D.

 

Existing Tax Map 98, Parcel 14

 

Deed Book 2932, page 562, February 24, 2005, conveyed 66.338 acres from William T. Ward, Constance W. Houchens and Barbara R. White to Norwood H. Davis and Nicol Spain Butters Davis. The property is designated as Parcel X on a plat by B. Aubrey Huffman and Associates dated December 16, 2004. Parcel X is composed of a portion of “Old Parcel C” that contained 45 acres and “Old Parcel B” that contained 47.48 acres. The plat notes that  “Parcel X will have 5 development rights and is to be added to

Parcel 14 which will have a total of 10 development rights.” It also states, “One of the development rights that is being conveyed with Parcel X must be located within the old boundary of “Old Parcel C.” The other four must be located within the boundaries of “Old Parcel B.”

 

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

 

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