January 5, 2006

 

Jeanette Tuck

Huckleberry Hill Farm LLC

P. O. Box 494

Earlysville, VA 22936

 

RE: OFFICIAL DETERMINATION OF DEVELOPMENT RIGHTS -- Tax Map 19, Parcels 1 and 4 (Property of Huckleberry Hill Farm LLC) Section 10.3.1

 

Dear Ms. Tuck:

 

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 19, Parcel 1 is comprised of three separate parcels. Parcel A contains 196.05 acres and has theoretical five (5) theoretical development rights. Parcel B contains 17.75 acres and has five (5) theoretical development rights. Parcel C contains 25.33 acres and three (3) theoretical development rights. Only two of these development rights may be utilized. Tax Map 19, Parcel 4 has one (1) theoretical development right. The basis for this determination follows. 

 

Tax Map 19, Parcel 1

 

Our records indicate Tax Map 19, Parcel 1 contains 239.085 acres and one dwelling. The property is not in an Agricultural and Forestal District. The most recent recorded instrument for this property is recorded in Deed Book 1696, page 171.

 

The most recent instrument for T.M. 19 - 1 recorded prior to the adoption of the Zoning Ordinance, December 10, 1980 is recorded in Deed Book 603, page 455 and dated July 6, 1976. The deed conveyed approximately 251 acres from Elva J. Estes to Don M. Sullivan and Virginia H. Sullivan. The property is described as consisting of two contiguous parcels as follows:

 

1.       Lot No. 3 containing 233 ½ acres shown on a plat by D. C. Dean, Surveyor, dated August 1902 of record in Deed Book 124, pages 332 – 335. This parcel was conveyed to Algredus Estes by the deed of record in Deed Book 124, page 328.

This tract is designated as parcel A in this analysis.

 

2.       41 Ό acres conveyed to Algredus Estes by the deed of record in Deed Book 164, page 221. The parcel is shown on a plat by Hugh F. Simms, S.A.C., dated December 1916. Excepted from this parcel is an off-conveyance of 23 ½ acres, shown on a plat by Hugh F. Simms dated December 1916 and of record in Deed Book 164, page 222. The residue contained 17.75 acres. This tract is designated as Parcel B in this analysis.

 

On the basis of this deed Parcel A, the 233.5-acre portion of T.M. 19-1 is a parcel of record with five development rights and Parcel B, the 17.75-acre portion of T.M. 19-1 is a parcel of record with five development rights.

 

Deed Book 721, page 22, dated July 10, 1980, conveyed 35.91 acres from Don M. Sullivan and Virginia H. Sullivan to Martin D. Sullivan and Kathleen C. Sullivan. The plat was approved by the County on October 31, 1980. The parcel is described as being a part of the 251 acres conveyed by the deed of record in Deed Book 603, page 455 and is shown on a plat by R. O. Snow and Associates, dated November 14, 1979. The plat notes the residue contains 199.06 acres. On the basis of the fact that this parcel was approved prior to December 10, 1980 it is determined to be a parcel of record with five development rights. This transaction reduced the acreage of Parcel A to 199.06 but had no effect on its development rights. The 35.91-acre tract is designated as Parcel C in this analysis.

 

Deed Book 738, page 263, dated May 7, 1982, conveyed 14.69 acres from Otis L. Collier and Maxine S. Collier to Don M. Sullivan and Virginia H. Sullivan. The property is shown on a plat by R. O. Snow and R. W. Ray, dated April 20, 1982. The plat shows the 14.69-acre tract, a portion of T.M. 10 – 5 being added to and combined with T.M. 19-1. The plat notes that the 14.69-acre parcel is assigned no division rights. This tract is adjacent to both Parcel A and Parcel B. For the purpose of this analysis it is considered to have been added to Parcel A. As a result of this transaction Parcel A is calculated to contain 213.75 acres.* This transaction had no effect on the development rights associated with Parcel A. This transaction had no effect on the size or development rights of Parcel B.

 

* 196.06 + 14.69 = 213.75

 

Deed Book 926, page 514, dated March 16, 1987, conveyed 213.76 acres from Virginia H. Sullivan to Sovran Bank, N.A. Trustee for the Beaver Dam Farm Land Trust. The property is described as being composed of two individual lots or parcels.

 

1.       The remainder of 251 acres, more or less, conveyed by the deed of record in Deed Book 603, page 455. The deed notes that subsequent to this conveyance an unrecorded survey by R. O. Snow, C.L.S., dated February 11, 1977 reflected that the property conveyed in the aforesaid deed actually contained 234.975 acres. A parcel of 35.91 acres was conveyed from this tract by the transaction of record in Deed Book 721, page 22.

 

2.       The contiguous parcel of 14.69 acres conveyed by the deed of record in Deed Book 738, page 263.

 

This transaction had no effect on the development rights of Parcel A, B or C. For the purpose of this analysis Parcel A is calculated to contain 196.05* acres and Parcel B is assumed to contain 17.75 acres.

 

*(234.97 -17.75 -35.91 + 14.69 = 196.005)

 

Deed Book 949, page 500, dated June 24, 1987, conveyed 35.91 acres from Martin D. Sullivan and Kathleen C. Sullivan to Sovran Bank, N.A. Trustee for the Beaver Dam Farm Land Trust. The property is described as being same property as was conveyed by the deed of record in Deed Book 721, page 22. This transaction had no effect on the development rights of the parcels.

 

Deed Book 1237, page 15, dated July 1, 1992, conveyed a 49% interest two tracts of land from Nationsbank, formerly to Sovran Bank, N.A. Trustee for the Beaver Dam Farm Land Trust to Louis J. Aszod. The tracks are described as follows:

 

I.                     The tract containing 213.76 acres described as containing the remainder of the 234.975-acre tract after the off-conveyance of the 35.91-acre tract plus the 14.69-acre tract, all of which are described above.

 

II.                   The 35.91-acre tract described by reference to the deed of record in Deed Book 721, page 25.

 

This transaction had no effect on the development rights of Parcels A, B or C.                     

 

Deed Book 1696, page 171, dated April 6, 1998, conveyed 2 parcels from Nationsbank, formerly to Sovran Bank, N.A. Trustee for the Beaver Dam Farm Land Trust and Louis J. Aszod to Huckleberry Hill Farm L.L.C. This is the same property conveyed to Sovran Bank, N.A. Trustee for the Beaver Dam Farm Land Trust by the deed of record in Deed Book 926, page 514 and the property conveyed to Sovran Bank, N.A. Trustee for the Beaver Dam Farm Land Trust by the deed of record in Deed Book 949, page 500 and conveyed to Louis J. Aszod as to a 49% undivided interest by the deed of record in Deed Book 1237, page 15. This transaction had no effect on the development rights of Parcels A, B or C.

 

Tax Map 19, Parcel 4

 

Our records indicate Tax Map 19, Parcel 4 contains 18.910 acres and zero dwellings. The property is not in an Agricultural and Forestal District. The most recent recorded instrument for this property is recorded in Deed Book 1993, page 603.

 

The most recent instrument for T.M. 19 - 4 recorded prior to the adoption of the Zoning Ordinance, December 10, 1980 is recorded in Deed Book 651, page 30 and dated July 5, 1978. The deed conveyed 51.9 acres from Susan Jane Allen to Harry E. Hughes and Ava L. Hughes.  The property is described by reference to the plat by William S. Roudabush, Inc., C.L.S. of record in Deed Book 599, page 7. On the basis of this deed the 51.9-acre Tract, designated as T.M. 19-4 is a parcel of record with five development rights.

 

Deed Book 730, page 98 contains a Certificate of Plat recorded on August 10, 1981. The plat by William S. Roudabush, Inc. shows Parcels 1 thru 3, a division of Parcel 4 on Tax Map 19. Parcel 3, containing 18.3 acres is now designated as Parcel  4 on Tax Map 19. The plat allocated 1 development right to this parcel. As a result of this transaction, the residue T.M. 19-4 contained 18.3 acres and 1 development right.

 

Deed Book 1309, page 104, dated May 14, 1993, conveyed 3 parcels from Harry E. Hughes and Ava L. Hughes to Brian J. Duffy and Gloria B. Duffy. The property is described as being composed of the 3 parcels shown on the plat by William S. Roudabush, Inc. of record in Deed Book 730, page 98. It is further described as being the same real property conveyed by the deed of record in Deed Book 651, page 30. This transaction had no effect on the development rights of T.M. 19-4.

 

Deed Book 1900, page 601, dated February 29, 2000, conveyed 3 tracts from Brian J. Duffy and Gloria B. Duffy to the Duffy Living Trust. The property consisting of Parcel 1 containing 23.61 acres, Parcel 2 containing 10.0 acres and Parcel 3 containing 18.30 acres is described as being the same property acquired by the Grantor by the deed of record in Deed Book 1309, page 104. This transaction had no effect on the development rights of T.M. 19-4.

 

Deed Book 1972, page 352, dated November 15, 2000, conveyed 18.26 acres from Brian J. Duffy and Gloria B. Duffy, Trustees under the Duffy Living Trust to Huckleberry Hill Farm L.L.C. The property is described as Parcel 3, containing 18.26 acres on a plat by Roger W. Ray & Assoc., Inc., dated October 17, 2000. The deed notes that this is the same parcel as one of the three parcels conveyed by the deed of record in Deed Book 1900, page 601. This transaction had no effect on the development rights of T.M. 19-4.

 

Deed Book 1993, page 603, dated February 14, 2001, conveyed 2.05 acres from Brian J. Duffy and Gloria B. Duffy, Trustees under the Duffy Living Trust to Huckleberry Hill Farm L.L.C. The property is designated as Parcel Y, a portion of T.M. 19-30A on a plat by Roger W. Ray & Assoc., Inc., dated January 15, 2001 and recorded prior hereto on page 576. Parcel Y is combined with T.M. 19-4 which was conveyed to the Grantee by the deed of record in Deed Book 1972, page 352. The plat notes that no development rights are affected by this plat. The land is a portion of the property conveyed by the deed of record in Deed Book 1900, page 601. As a result of this transaction T.M. 19-4 contained 20.31 acres. This had no effect on the development rights associated with this parcel.

 

Deed Book 2655, page 94, dated November 24, 2003, contains a Deed of Easement and Release between Otis L. Collier and Huckleberry Hill Farm L.L.C. The deed contains a plat by Roger W. Ray & Assoc., Inc., revised on August 21, 2003 that shows the relocation of a 40-foot right-of-way through T.M. 10-5 that serves T.M. 19-1C. The plat also shows the conveyance of Parcel X, containing 29.38 acres from T.M. 19-1C to T.M. 19-1. This is the remainder of the 35.91-acre parcel shown on a plat of record in Deed Book 721, page 25 after the creation of the 6.53-acre parcel designated as Parcel 1C. The plat notes that Parcel X retains 4 development rights, that when used shall not total more than 8.38 acres and shall be within the December 10, 1980 boundaries. The plat notes that T.M. 19-1 contains 243.14* acres. As a result of this transaction, Parcel C contained 29.38 acres and 4 development rights.  This transaction had no effect on Parcels A or B.

 

(196.05 + 17.75 + 29.38 = 243.18)

 

Tax Map 19, Parcels 1 and 4

 

Deed Book 2722, page 346, dated March 29, 2004, contains a Deed of Exchange between Huckleberry Hill Farm L.L.C. and Bruce Lee Telford and Lynn Anne Telford. The transaction is shown on a plat by Roger W. Ray & Assoc., Inc., dated January 12, 2004. 1.4 acres is transferred from T.M. 18-30 to a 4.05-acre portion of Parcel C. One development right was assigned to the 4.05-acre parcel. The plat also transferred 1.40 acres from T.M. 19-4 to T.M. 18-30. No development rights were conveyed with the two 1.4-acre parcels. The plat notes that the residue of T.M. 19-1 retains 8 development rights. 3 are derived from former parcel T.M. 19-1C. When used they shall not total more than 20.42 acres. The plat also notes that the residue of T.M. 19-1 contains 239.09 acres. And the plat notes that the intent of this plat is not to combine parcels or extinguish development rights.  As a result of this transaction Parcel C contained 25.33 acres and three development rights.  It is determined that the development right note for Parcel C is incorrect. The “31-acre rule” per Section 10.3.1 functions in a manner that results in the requirement that the residue of this parcel contain a minimum of 21 acres. Therefore, only two of the 3 development rights may be utilized. Parcel A, containing 196.05 acres retained its 5 development rights. Parcel B, containing 17.75 acres retained its 5 development rights. This transaction also reduced the acreage of T.M. 19-4 to 18.91.

 

(243.14 – 4.05 = 239.09) (20.31 – 1.4 = 18.91)

 

The 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 parcels may create as many smaller parcels containing a minimum of twenty-one acres as they have 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

 

 

Copy: Gay Carver, Real Estate Supervisor

           Ella Carey, Clerk to the Board of Supervisors

           Mc Chesney Goodall, ACE Coordinator

 

 

Enclosed: Sketch showing parcels on the 1979 Tax Map

                 Sketch showing parcels on the current tax map

 

TM/P

ACREAGE

DEVELOPMENT RIGHTS

DIVISION RIGHTS  @ 21 ACRES

19-1 A

196.05

5

8

19-1 B

  17.75

5

0

19-1 C

  25.33

3* Only 2 may be utilized

1

19-4

18.91

1

0

 

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