January 5, 2006

 

Sally Emma Fields

729 Campbell Road

Keswick, VA 22947

 

RE: OFFICIAL DETERMINATION OF DEVELOPMENT RIGHTS -- Tax Map 81, Parcel 48 (Property of Daniel G. Fields Estate) Section 10.3.1

 

Dear Ms. Fields:

 

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 81, Parcel 48 is comprised of four (4) separate parcels designated as A, B, C & D on the enclosed sketches.

 

Parcel A is the residue of a 37.68-acre tract described in Deed Book 126, page 238. The current acreage is unknown and must be established by a surveyor. It has a full compliment of theoretical development rights based on its acreage.

 

Parcel B is the residue of a 29.3-acre tract described in Deed Book 170, page 513. This single parcel is physically divided by Parcel 48E. The current acreage is unknown but is estimated to contain more than 10 acres. Parcel B has four theoretical development rights depending on the allocation of development rights to Parcel 48E.

 

Parcel C is a 50-acre tract described in Deed Book 144, page 197. It has five (5) theoretical development rights.

 

Parcel D is the residue of a 33.1-acre tract described in Deed Book 170, page 511. The current acreage is unknown but clearly contains more than 10 acres. Parcel D hasfive theoretical development rights depending on the allocation of development rights to Parcel 48E.

 

The basis for this determination follows. 

 

Our records indicate Tax Map 81, Parcel 48 contains 110.810 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 2315, page 669.

 

This analysis begins with the deed of record in Deed Book 209, page 555 that is dated April 21, 1930. The deed conveyed 3 tracts from E. O. McCue, Jr. and L. C. Beirne, Special Commissioners to Henry D. Butler. The tracts are described, in part, as follows:

 

1. A tract of land near Campbell Station containing 37.68 acres conveyed to L. D. Butler by the deed of record in Deed Book 126, page 238.

 

2. A tract of land near Campbell Station containing 50 acres conveyed to L. D. Butler by the deed of record in Deed Book 144, page 197. No plat of this 37.68-acre parcel was found.

 

3. A tract of land near Campbell Station on the north side of the C&O Railroad, described as Lot No. 5 on a plat of record in Deed Book 170, page 511. The plat shows a 33.1-acre parcel.

 

This deed established the 50-acre tract, the 37.68-acre tract and the 33.1-acre tract as the original parcels of record for Tax Map 81, Parcel 48.

 

Deed Book 243, page 521, dated July 21, 1939, conveyed 29.3 acres from Edw. O. McCue, Jr., Special Commissioner to Henry D. Butler. The tract is described on a plat by Hugh F. Simms, S. A. C. dated January 1919 that is attached to the deed of record in Deed Book 170, page 511. The property is further described as being the same land that was conveyed to Cora M. Butler, et als by the deed of record in Deed Book 170, page 511. This deed established this 29.3-acre tract as an original parcel of record for Tax Map 81, Parcel 48.

 

Deed Book 378, page 127, dated April 27, 1962, conveyed 7.30 acres from Henry D. Butler & Etty B. Butler to Charles H. Butler & Deane W. Butler. The property is described on a plat by O. R. Randolph, Engineer, dated April 26, 1962. The 7.3-acre parcel is designated on the tax map as Parcel 48A. The creation of this parcel reduced the acreage of Parcel A and Parcel B.

 

Deed Book 560, page 256, dated August 1, 1974, conveyed 2.07 acres from Edward O. McCue, Jr. and Robert L. Butler, Executors under the Will of Henry D. Butler, to Etty B. Butler. The property is described on a plat by Warren F. Wade, C.L.S. dated June 10, 1974. The parcel is further described as being a portion of the 37.68 acres conveyed by the deed of record in Deed Book 209, page 555. It appears that the parcel contains a portion of the 29.3-acre tract as well. The 2.07-acre parcel is designated on the tax map as Parcel 48B. The creation of this parcel reduced the acreage of Parcel A and Parcel B.

 

Deed Book 596, page 553, dated May 31, 1976, conveyed 10.175 acres from Edward O. McCue, Jr. and Robert L. Butler, Executors under the Will of Henry D. Butler, to Harry Leopold Beazell & Lillian Easton Beazell. The property is described on a plat by Thomas D. Blue, C.L.S dated April 12, 1976. The parcel is further described as being a portion of the 37.68 acres conveyed by the deed of record in Deed Book 209, page 555. The plat notes that the parcel contains 9.565 acres excluding the area in right of way for State Route 600. The 10.175-acre parcel is designated on the tax map as Parcel 48C. The creation of this parcel reduced the acreage of Parcel A and Parcel D.

 

Deed Book 606, page 373, dated July 1, 1976, conveyed 132 acres from Edward O. McCue, Jr. and Robert L. Butler, Executors of the Will of Henry D. Butler to Charles H. Butler & Deane W. Butler, Marion B. Schindler & Ralph J. Schindler, Robert L. Butler & Delma W. Butler who in turn conveyed the property to Marvin C. Boswell & Elizabeth G. Boswell. The property is described as being the larger part of the tract known as the Henry D. Butler Farm, the greater portion of which fronts on the east and northeast side of Route 600 and its southern boundary being the C & O Railroad. The property is said to contain 132 acres after the three off conveyances as follows: First, of 7.3 acres conveyed by the deed of record in Deed Book 378, page 127; second, of 2.07 acres conveyed by the deed of record in Deed Book 560, page 256; and third, of 10.175 acres conveyed by the deed of record in Deed Book 596, page 553. This is the remaining portion of four tracts of land, three of which were conveyed by the deed of record in Deed Book 209, page 555 and the fourth was conveyed by the deed of record in Deed Book 243, page 521. On the basis of this deed Parcels C and D are both parcels of record and each contains five development rights.

 

The most recent instrument for this parcel recorded prior to the adoption of the Zoning Ordinance, December 10, 1980 is recorded in Deed Book 680, page 738 and dated September 5, 1979. The deed conveyed 15 acres from Marvin C. Boswell & Elizabeth G. Boswell to William H. Bennett & Elizabeth P. Schoyer. The property is described as Parcel A on a plat by Kurt M. Gloeckner, C.L.S. dated August 28, 1979. This property is a portion of the property conveyed by the deed of record in Deed Book 606, page 373. On the basis of this deed Parcels A and B are both parcels of record and each contains a full compliment of development rights based on the acreage of the parcels.

 

Deed Book 852, page 364, dated September 16, 1985, conveyed 0.863 acre from Marvin C. Boswell & Elizabeth G. Boswell to Neil A. Benfer, Jr. & Faith T. Benfer. The property is shown on a plat by Robert L. Lum, C.L.S. dated July 5, 1985 and described as being a small triangular parcel designated “Marvin C. Boswell”. The piece was transferred from Parcel 45 to Parcel 48. The plat notes that no development rights were transferred. As a result of this transaction the acreage of Parcel D was reduced The transaction had no effect on the development rights of Parcel D.

 

Deed Book 2313, page 445, dated October 31, 2002, contains a subdivision plat and a Road Maintenance Agreement recorded by the Declarants Marvin C. Boswell & Elizabeth G. Boswell. This deed contains a plat by Rivanna Engineering, revised October 28, 2002, showing the division of a 5-acre lot from Parcel 48. The plat notes that there are 4 development rights remaining with Parcel 48. However this parcel contains portions of both Parcel B and Parcel D. For the purpose of this analysis, it is determined that the development right for 5-acre lot (Parcel 48E) is derived from Parcel B. Be aware that if the portion of Parcel 48E from Parcel D contains a minimum of 2 acres, then the development right for Parcel 48E could be derived from Parcel D. As a result of this transaction the acreage of Parcels B and D was reduced. Parcel B retains four development rights. Parcel 48E has 1 development right.

 

Deed Book 2315, page 669, dated November 6, 2002, conveyed two parcels from Marvin C. Boswell & Elizabeth G. Boswell to Daniel G. Fields. The parcels are described as follows:

 

Parcel One: All that certain tract containing 59.619 acres after the off conveyance of a 15-acre parcel, a 0.863-acre parcel, and a 5-acre parcel from the 80.482-acre described in Deed Book 606, page 373.

 

Parcel Two: Containing 50 acres, more or less, lying on both sides of the banks of the Mechunk Creek, and being adjacent to the Eastern boundary of Parcel One, above.

 

Parcels One and Two are further described as being the same property conveyed by the deed of record in Deed Book 606, page 373.

 

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

 

Deed Book 2315, page 673, dated November 6, 2002, conveyed 5 acres from Marvin C. Boswell & Elizabeth G. Boswell to Sally E. Fields. The lot is described as being that shown on the plat by Rivanna Engineering, revised October 28, 2002, of record in Deed Book 2313, page 448. This transaction had no effect on the development rights of the subject parcels.

 

 Deed Book 3125, page 204, dated November 17, 2005, conveyed two parcels from Betty Janes Fields, Individually and as Executor of the Estate of Daniel Gayle Fields, Sally Emma Fields, Individually and as Trustee under the Will of Daniel Gayle Fields and Annette Fields Ferguson, Individually and as Trustee under the Will of Daniel Gayle Fields to Sally Emma Fields. The property is described as two certain tracts described as follows:

 

Parcel One: Containing 59.619 acres, more or less, fronting on State Route 600; and,

 

Parcel Two: Containing 50 acres, more or less, lying on both sides of the banks of the Mechunk Creek, and being adjacent to the Eastern boundary of Parcel One, above.

 

Parcels One and Two are further described as being the same property conveyed by the deed of record in Deed Book 2315, page 669. This transaction had no effect on the development rights of Parcels A, B, C or D.

 

The parcel is 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 parcel 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

 

 

Copy: Gay Carver, Real Estate Supervisor

           Ella Carey, Clerk to the Board of Supervisors

           McChesney Goodall, ACE Coordinator

 

 

Enclosed:   Sketch of 4 original parcels of record

                   Sketch of 4 original parcels of record on 12/10/1980

                   Sketch of 4 original parcels of record on 12/10/1980 including off-

                   conveyances     

                   Sketch of current parcels

 

TM/P

ACREAGE

DEVELOPMENT RIGHTS

DIVISION RIGHTS  @ 21 ACRES

81/48 A

<10 estimate

5 or fewer

0

81/48 B

> 10 estimate

4 maximum

0

81/48 C

50

5

1

81/48 D

> 25 estimate

5

0

81/48E

5

1

0

 

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