September 21, 2005

 

Edward D. Campbell III

Roudabush, Gale and Assoc.

914 Monticello Road

Charlottesville, VA 22902

 

RE: OFFICIAL DETERMINATION OF DEVELOPMENT RIGHTS AND PARCELS- Tax Map 65, Parcels 11A1 and 12B (Property of Keswick Acquisitions, LLC) Section 10.3.1

 

Dear Mr. Campbell:

 

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 65, Parcel 11A1 contains one development right within the original 3-acre portion. Tax Map 65, Parcel 12B is two separate parcels. (1) The original Parcel 3, containing 5.89 acres prior to the off-conveyance of a strip of land for right of way plus the 6.464-acre portion from Parcel 12A is one parcel. The 6.464-acre portion contains three development rights and the original 5.89-acre portion contains two development rights. (2) The original Lot 4 containing 6.16 acres prior to the off-conveyance of a strip of land for right of way is a separate parcel that contains either two or three development rights, depending on its acreage. The approximate location of these parcels is shown on the attached sketch. The basis for this determination is summarized as follows:

 

Tax Map 65, Parcel 11A1

 

Our records indicate Tax Map 65, Parcel 11A1 contains 5.000 acres and no dwellings. The property is not in an Agricultural and Forestal District. The most recent recorded instrument for this property is recorded in Deed Book 2889, page 653.              .

 

The most recent deed for this parcel recorded prior to the adoption of the Zoning Ordinance, December 10, 1980, is recorded in Deed Book 468, page 466. This deed, dated January 23, 1970, conveyed 3 acres from John A. Chester and Beulah T. Chester to Harold C. Eskey, Jr. and Arlene M. Eskey. The property is shown on a plat by Huffman – Foster and Associates, dated January, 1970. On the basis of this deed, the 3-acre parcel is determined to be a parcel of record with one development right.

 

Deed Book 811, page 164, dated August 14, 1984, conveyed 3 acres from Harold C. Eskey, Jr. and Arlene M. Eskey to John A. Chester and Beulah T. Chester. It is described as being the same property that was conveyed to the Grantors by the deed of record n Deed Book 468, page 466.  This transaction had no effect on the legal status or development rights of the 3-acre parcel designated as Parcel 11A1 on Tax Map 65.

 

Deed book 813, page 694, dated August 1, 1984, conveyed 5 acres from John A. Chester and Beulah T. Chester to Jessamy M. Rouson. The property is described as being a portion of the land conveyed to the Grantors by the deed of record in Deed Book 358, page 503 that is combined with the 3-acre parcel acquired by the Grantors by the Deed of record in Deed Book 811, page 164. The parcel is shown on a plat dated August 28, 1984 by William S. Roudabush, Inc. The plat notes that the residue of T.M. 65 – 11A retains 5 development rights. As a result of this transaction Parcel 11A1 contains 5 acres and one (1) development right within the original 3 acres.

 

Deed Book 2889, page 653, dated November 10, 2004, conveyed 3 parcels from Jessamy M. Rouson to Keswick Acquisitions, LLC.  Parcel One is described as being the same parcel that was conveyed by the deed of record in Deed Book 813, page 694. This transaction had no effect on the legal status or development rights of Parcel 11A1.

 

Tax Map 65, Parcel 12B

 

Our records indicate Tax Map 65, Parcel 12B contains 18.424 acres and two dwellings. The property is not in an Agricultural and Forestal District. The most recent recorded instrument for this property is recorded in Deed Book 2889, page 653.              .

 

The most recent deed for this parcel recorded prior to the adoption of the Zoning Ordinance, December 10, 1980, is recorded in Deed Book 651, page 291. This deed, dated July 6, 1978, conveyed 2 parcels from David L. Glefke and Donna L. Glefke to David L. Glefke. The property is described as Lot 3 containing 5.89 acres and Lot 4 containing 6.16 acres on the plat of O. R. Randolph, Engineer, of record in Deed Book 395, page 605. O.R. Randolph calculated the combined acreage of the two lots to be 11.96 acres. The reduction in acreage may be explained by the conveyance of a 25-foot strip of land along Route 22 and Route 231 to the Commonwealth of Virginia of record in Deed Book 241, page 278. These were not shown as separate parcels on the tax map. On the basis of this and prior deeds, Lot 3 is determined to be a parcel of record with two development rights. Lot 4 is determined to be a parcel of record with two or three development rights depending on whether Lot 4 contains less (2 development rights) or more (3 development rights) than 6 acres.

 

Deed Book 714, page 123, dated April 2, 1981, conveyed Lots 3 and 4 from David L. Glefke and Donna L. Glefke to Jessamy M. Rouson. The lots are described as being the same as those conveyed by the deed of record in Deed Book 651, page 291. This transaction had no effect on the legal status or development rights of these parcels.

 

Deed Book 1495, page 664, September 6, 1995, conveyed 16.115 acres from the Estate of Janet Schuyler to Jessamy M. Rouson. This was a lot of record designated as Parcel 12A on Tax Map 65. It is described by reference to Deed Book 473, page 127 and the plat of record in Deed Book 305, page 600.

 

Deed Book 2842, page 296, dated September 16, 2004, conveyed 9.651 acres, a portion of T.M. 65-12A, from Jessamy M. Rouson to Gary S. Garbaccio and Beverly Garbaccio. The remainder of the parcel, containing 6.464 acres was combined with T.M. 65-12B. The 6.464-acre is designated as Parcel D on a plat by David Blankenbaker, dated September 1, 2004. The plat notes that ”… Parcel D shall be added into Parcel 65-12B and the two parcels shall be considered as one.” The plat also notes that 3 development rights are to be transferred with and to remain in the area of Parcel D. It is determined that Parcel D is now a part of Lot 3 as described in Deed Book 714, page 123. This parcel contains 5 development rights, 3 of which are associated with Parcel D and 2 of which are associated with the original Lot 3. This transaction had no effect on Parcel 4 as described in Deed Book 714, page 123.

 

Deed Book 2889, page 653, dated November 10, 2004, conveyed 3 parcels from Jessamy M. Rouson to Keswick Acquisitions, LLC. The parcels are described, in part, as follows:

 

 Parcel Two is described as Lot 3 and Lot 4 conveyed to the Grantor by the deed of record in Deed Book 714, page 123.

 

Parcel Three is described as containing 6.464 acres, shown as Parcel D on the plat by David C. Blankenbaker.

 

It is determined that Parcel Two is two separate parcels. One is comprised of Parcel D plus Lot 3 as shown on the O. R. Randolph plat. The other is designated as Lot 4 on the O. R. Randolph plat. In spite of the deed description, Parcel Three containing 6.464 acres is NOT a separate, “stand alone” parcel.

 

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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