November 4, 2005

 

Brian S. Ray

1717-1B Allied Street

Charlottesville, VA 22903

 

RE: OFFICIAL DETERMINATION OF PARCELS AND DEVELOPMENT RIGHTS -- Tax Map 86, Parcels 27  (Property of Boaz Mountain 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 86, Parcel 27 is comprised of four separate parcels. These acreage figures are provided by Roger W. Ray & Assoc.

 

  1. The remainder of the Toole Tract, containing 16 acres and located on both sides of Route 29, has five (5) development rights.

 

  1. The remainder of the Dower Tract, containing 115 acres, has five (5) development rights.

 

  1. The remainder of the Darrow Tract, containing 2.1 acres and located on both sides of Route 29, has one (1) development right.

 

  1. The J. Sutherland Residue, containing 324.56 acres, has five (5) development rights.

 

The basis for this determination follows.

 

Our records indicate Tax Map 86, Parcel 27 contains 458.81 acres and one dwelling. The property is in the Hardware Agricultural and Forestal District. The most recent recorded instrument for this property is recorded in Deed Book 3057, page 299.

 

Darrow Tract

 

The analysis for this parcel begins with the deed recorded in Deed Book 68, page 619 that is dated March 12, 1874. This deed conveyed 20.8 acres from Henry R. Darrow and Sarah Darrow to Joseph Sutherland, Jr. The property is described as lying at the Cross Roads in the County of Albemarle and further by metes and bounds. Portions of the original Darrow Tract were later incorporated into the Dower Tract. This deed

established the original Darrow Tract as a parcel of record. 

 

Dower Tract

 

The analysis for this parcel begins with the deed recorded in Deed Book 98, page 130, dated September 19, 1892. This deed conveyed 119.5 acres from the Estate of Joseph Sutherland to his widow, Annie E. Sutherland. The Dower Tract includes a portion of the original 20.8-acre Darrow Tract. It is determined that the portion of the Darrow Tract became part of the Dower tract and did not maintain a separate identity. This deed established the original 119.5-acre Dower Tract as a parcel of record.  This transaction reduced the acreage of the original Darrow Tract. The creation of this parcel served to physically divide the Joseph Sutherland property into two parcels. However, the deed does not describe the residue as separate parcels. The plat shows the location of the 0.7-acre portion of the Sutherland residue but does not further identify it as a separate parcel. Therefore, it is determined that this deed did not legally separate the Sutherland residue into separate parcels of record. This deed established the J. Sutherland Tract as a parcel of record.

 

Deed Book 136, page 403, dated June 10, 1907, conveyed 119.5 acres from F. E. Anderson & Edward Anderson, Clara Morris and T. R. Morris to Mortimer Y. Sutherland. The property is described by reference to a plat of record in Deed Book 98, page 130.  This transaction has no effect on the status of the Dower Tract as a parcel of record. 

 

J. Sutherland, Jr. Residue Tract

 

Deed Book 99, page 458, dated August 14, 1893, conveyed 318 acres from Joseph Eugene Sutherland & Nellie Sutherland, Charles R. Sutherland & Agnes N. Sutherland, F.E. Anderson & Fannie E. Anderson, Clara S. Morris & T. R. Morris to M. Y. Sutherland. This is the residue of the 428.5-acre tract shown on a plat recorded in Will Book 28, Page 27 after the off-conveyance of the 119.5-acre Dower Tract that is described above. This transaction had no effect on the legal status of this property as a parcel of record.

 

Toole Tract

 

The analysis for this parcel begins with the deed recorded in Deed Book 82, page 3 that is dated January 12, 1883. This deed conveyed 67 acres from Mary J. Toole to Joseph Sutherland. The property is described as being the balance of the tract of land purchased by John S. Toole from J. P. Mann, Trustee. This deed established the Toole Tract as a parcel of record.

 

Deed Book 149, page 446, dated January 21, 1911, conveyed 78 acres from C. R. Sutherland & Nina Sutherland, Edward Anderson & F.E. Anderson, T. R. Morris & Clara Morris and J. E. Sutherland & Nellie Sutherland to M. Y. Sutherland. The discrepancy between 67 and 78.5 acres is not explained. This discrepancy has no effect on the determination that the Toole Tract is a parcel of record.

 

The most recent deed for the 318-acre J. Sutherland, Jr. Residue Tract and the Dower Tract recorded prior to the adoption of the Zoning Ordinance, December 10, 1980 is recorded in Deed Book 281, page 117, dated August 21, 1943, conveyed 2 parcels of land from Elizabeth Sutherland, Frances Sutherland Carpenter & Richard W. Carpenter, Helen S. Berkeley & Francis L. Berkeley and Peggy Sutherland Johnson & Walter K. Johnson to M.Y. Sutherland, Jr. and Ethel W. Sutherland. Parcel FIRST is described as containing 475.41 acres. This was property originally containing a total of 516.30 acres of the M.Y. Sutherland Estate that was acquired as follows:

 

428.50 acres from the subdivision of the Estate of his father, Joseph Sutherland, a plat of which is spread in Will Book 28, page 77.

 

The 428.5-acre tract is shown on a plat recorded in Will Book 28, page 75. The property is comprised of the 318-acre J. Sutherland, Jr. Tract and a portion of the 119.5-acre Dower Tract. It is determined that this will did not serve to combine the Sutherland and Dower tracts.

 

20.80 acres from H. A. Darrow and wife by deed dated March 12, 1874, in Deed Book 68, page 619.

 

67 acres from Mary J. Toole by deed dated January 12, 1883, Deed Book 82, page 3.

 

The share of the other heirs of Joseph Sutherland in all of said land were conveyed to M. Y. Sutherland by the following deeds: Deed Book 99, page 458; Deed Book 113, page 14; Deed Book 133, page 297; Deed Book 136, page 403 and Deed Book 149, page 446.

 

The deed notes that, during his lifetime, M. Y. Sutherland and wife made the following conveyances off of the land leaving a total at the time of his death of about 475.41 acres:

 

20 acres to W. E. Page

2 acres to Trustees of the Zion Hill Baptist Church

1.5 acres to Samuel Miller District School

10 acres to C. Walker

3.31 acres to Commonwealth of Virginia

4.08 acres to Commonwealth of Virginia

 

As a result of this transaction and the above off-conveyances, the property consisted of four (4) parcels of land. These acreages are based on the original deeds and plats.

 

1. The portion of the J. Sutherland, Jr. property containing 318 acres.

2. The Dower Tract containing 119.5 acres.

3. The residue of the Darrow Tract, containing approximately 4 acres. The parcel is located on both sides of Route 29.

4. The residue of the residue of the Toole Tract, containing 16 acres. The parcel is 

    located on both sides of Route 29.

 

The most recent deed for Toole Tract recorded prior to the adoption of the Zoning Ordinance, December 10, 1980 is recorded in Deed Book 288, page 184. This deed, dated March 15, 1950, conveyed 1 acre from M. Y. Sutherland to Harry Walker. The parcel is described as lying on the northwest side of Route 29 approximately 1,400 feet south of the Crossroads. This is a portion of the Toole Tract. It is further described by reference to the deed of record in Deed Book 281, page117. This parcel is designated as Parcel 20A on Tax Map 86. This transaction reduced the size of the Toole Tract but had no effect on its status as a parcel of record or on its development rights. 

 

The most recent deed for Darrow Tract and the 2-acre remnant of the J. Sutherland Jr. Tract recorded prior to the adoption of the Zoning Ordinance, December 10, 1980 is recorded in Deed Book 571, page 126 and is dated April 2, 1975. This deed conveyed 2.027 acres from M.Y. Sutherland, Jr. and Phyllis H. Sutherland to Emmett M. Lilly and Estelle E. Lilly. The lot is designated as Parcel A on a plat by Thomas D. Blue dated November 20, 1974. It is further described by reference to the deed of record in Deed Book 281, page117. This parcel is designated as Parcel 15A on Tax Map 86. The plat does not provide the residue acreages. This transaction reduced the size of the Darrow Tract and the size of the 2-acre remnant of the J. Sutherland Jr. Tract. This had no effect on the status these lots as parcels of record or on their development rights. 

 

Deed Book 1702, page 183, dated April 22, 1998 contains a boundary line adjustment between the Trustees of the Zion Baptist Church, owners of T.M. 99-20 and M.Y. Sutherland, Jr., owner of T.M. 86-27. The transaction is shown on a plat by Roger W. Ray & Assoc., Inc. that is dated April 17, 1998. Apart from the minor adjustment of acreage, this transaction had no effect on the Toole Tract.

 

Deed Book 3057, page 299, dated August 16, 2005, conveyed 457.66 acres from the M.Y. Sutherland Estate to Boaz Mountain LLC. The property is described as being the same as was conveyed to M. Y. Sutherland by the deed of record in Deed Book 281, page 17. The property is shown on a plat by Roger W. Ray and Assoc., Inc. dated July 25, 2005. The plat notes that it represents a survey of the exterior boundaries of the parcel/parcels shown hereon and there is no intent to extinguish or combine any existing parcel of record. This transaction had no effect on the legal status or development rights of the parcels.

 

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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