February 14, 2006

 

Paul D. Julian

Draper Aden Associates

700 Harris Street, Suite E

Charlottesville, VA 22903

 

RE: OFFICIAL DETERMINATION OF DEVELOPMENT RIGHTS -- Tax Map 139, Parcels 25, 25A, 25C, 25D, 25E, 25F, 25G and 28  (Property of Dunterry LLC) Section 10.3.1

 

Dear Mr. Julian:

 

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 139, Parcel 25 is comprised of three separate parcels,

  1. The residue of Parcel 25 containing 244.63 acres has zero development rights;
  2. The residue of the 19-acre tract located on the northwest side of Route 626 has five (5) development rights; and,
  3. The residue of the 8.1-acre tract located on the northwest side of Route 626 is estimated to have three (3) development rights, depending on its acreage.

 

Tax Map 139, Parcel 25A, containing 1.12 acres has one (1) development right.

 

Tax Map 139, Parcel 25C, containing 19.435 acres has five (5) development rights.

 

Tax Map 139, Parcel 25D, containing 5.137 acres has two (2) development rights.

 

Tax Map 139, Parcel 25E containing 5.137 acres has two (2) development rights.

 

Tax Map 139, Parcel 25F containing 5.137 acres has two (2) development rights.

 

Tax Map 139, Parcel 25G containing 5.154 acres has two (2) development rights.

 

Tax Map 139, Parcel 28 containing 1 acre has one (1) development right.

 

The basis for this determination follows. 

 

Our records indicate Tax Map 139, Parcel 25 contains 271.730 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 3048, page 461.

 

Our records indicate Tax Map 139, Parcel 25A contains 1.120 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 3048, page 461.

 

Our records indicate Tax Map 139, Parcel 25C contains 19.435 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 3048, page 461.

 

Our records indicate Tax Map 139, Parcel 25D contains 5.137 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 3048, page 461.

 

Our records indicate Tax Map 139, Parcel 25D contains 5.137 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 3048, page 461.

 

Our records indicate Tax Map 139, Parcel 25F contains 5.137 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 3048, page 461.

 

Our records indicate Tax Map 139, Parcel 25G contains 5.154 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 3048, page 461.

 

Our records indicate Tax Map 139, Parcel 28 contains 1.000 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 3048, page 461.

 

This analysis begins with Deed Book 325, page 563 that is dated June 18, 1956. The deed conveyed 8.1 acres from William Goodman and Hilda C. Goodman to Margaret Nolting. The deed contains a plat by T. W. Saunders, S. N. C. that shows 476.5 acres. The 8.1-acre parcel and the 19-acre parcel conveyed by the deed of record in Deed Book 146, page 194 are included in the 476.5 acres. This deed established the 19-acre tract, the 8.1-acre tract and the 449.4-acre residue as parcels of record.

 

Deed Book 329, page 338, dated June 1, 1956, conveyed 19 acres from the Estate of Susanne Catherine Nolting (Mrs. E. O. Nolting) to her heirs. The property is described by reference to the deed of record in Deed Book 146, page 191. That deed contained a plat of the property by C. E. Watkins. A copy of the plat is in the file. This deed established the 19-acre tract, the 8.1-acre tract and the 449.4-acre residue as parcels of record.

 

The most recent instrument for T.M. 139 - 25 & 25A recorded prior to the adoption of the Zoning Ordinance, December 10, 1980, that describes the parcels is recorded in Deed Book 332, page 468. This deed, dated May 15, 1957, conveyed two parcels from Dr. Margaret Nolting to Continental Timberlands Corporation. The parcels are described as follows:

 

ONE: The parcel containing 417.5 acres, being the property shown on the plat recorded in Deed Book 325 at page 563 with the exception of 19 acres of the southern portion of the property owned by the estate of Mrs. E. O. Nolting and 40 acres with the Mansion House thereon shown on a plat by Carroll Gillispie, C.L.S dated March 20, 1957. This tract includes the 8.1-acre parcel that is described by reference to Deed Book 325, page 563.

 

TWO: The parcel containing 19 acres, referenced above and conveyed under the Will of Mrs. E. O. Nolting by the deed of record in Deed Book 329, page 338.

 

This deed established the 40-acre tract as a parcel of record. The reference to Deed Book 325, page 563 preserves the separate identity of the parcels shown on the plat recorded with that deed. As a result of this transaction the residue is calculated to contain 409.4 acres. This transaction had no effect on the status of the 19-acre tract or the 8.1-acre tract as parcels of record.

 

Deed Book 336, page 362, dated September 6, 1957, conveyed 40 acres from Dr. Margaret Nolting to Paul D. Deckard. The property is described as the Mansion House Tract. The deed contains a plat by Carroll Gillispie, dated March 20, 1957, that shows the 40-acre parcel identified as “Monticola.” This transaction had no effect on the status of the 40-acre tract as a parcel of record.

 

Deed Book 451, page 335, dated November 7, 1968, conveyed 40 acres from Charles Douglas Branch and Janet G. Branch to Clayton C. Bryant and Virginia L. Bryant. The property is described by reference to the plat by Carroll Gillispie, dated March 20, 1957 that is recorded in Deed Book 336, page 364. This transaction had no effect on the status of the tract as a parcel of record or on the 40-acre tract.

 

The most recent instrument for T.M. 139-28 recorded prior to the adoption of the Zoning Ordinance, December 10, 1980, is recorded in Deed Book 473, page 276 and is dated June 11, 1970. This deed conveyed several lots from BLB Corporation to Richard H. De Butts and Marie J. De Butts. The vast majority of the property is located on the south east side of Route 626. However, a small piece identified as Lot 9 is located on the northwest side of Route 626 adjacent to Parcel 25. This is shown on a plat by Frank Greg dated April 1970. The plat does not provide metes and bounds or the acreage of Lot 9. The lot is identified as Parcel 28 on Tax Map 139. It is determined that this deed established Parcel 28, containing approximately 1 acre, as a parcel of record with one development right.

 

The most recent deed for T.M. 139 - 25 recorded prior to the adoption of the Zoning Ordinance, December 10, 1980, is recorded in Deed Book 516, page 76 and is dated May 10, 1972. This deed conveyed 3.711 acres from Continental Can Company to the Commonwealth of Virginia. This strip of land was dedicated to the right of way of Route 602. This transaction is calculated to reduce the acreage of Parcel 25 to 405.689 acres. It had no effect on the status of the tract as a parcel of record.

 

The most recent instrument for T.M. 139 - 25C, 25D, 25E, 25F & 25G recorded prior to the adoption of the Zoning Ordinance, December 10, 1980, is recorded in Deed Book 625, page 651 and is dated July 12, 1977. This is a Certificate of Plat showing a division of land owned by Gerald Millar Wilson. The plat by Kurt Gloeckner, dated July 12, 1977 shows four lots, being Lot 1 containing 5.137 acres, Lot 2 containing 5.137 acres, Lot 3 containing 5.137 acres and Lot 4 containing 5.154 acres. These four lots are a portion of the 40-acre parcel shown on the plat of record in Deed Book 336, page 364. The plat notes the residue contains 19.435 acres. On the basis of this deed, these four lots are determined to be parcels of record. Each of these lots contains two theoretical development rights. This deed also established the 19.435-acre residue as a parcel of record with five theoretical development rights.

 

Deed Book 714, page 744, dated April 9, 1981, conveyed approximately 1 acre from BLB Corporation to Gerald M. Wilson. The parcel is described as Lot 9 on a plat by Frank Greg, dated April 1970 of record in Deed Book 473, page 278. This transaction had no effect on the development right of the 1-acre lot.

 

Deed Book 734, page 258, dated January 1, 1982, conveyed several parcels from the Continental Group, Inc., formerly Continental Can Company, Inc. to Continental Hopewell Woodlands, Inc. Among these was Tract 112-325 described, in part, as all that certain tract of land containing 417.5 acres and 19 acres, being the same land conveyed to Continental Timber Lands Corporation by the deed of record in Deed Book 332, page 468. Note that the 417.5 acre tract included the 8.1-acre parcel. This transaction had no effect on the development rights of the 405.689-acre parcel, the 8.1-acre parcel or the 19-acre tract.

 

Deed Book 827, page 65, dated December 31, 1984, conveyed 38 parcels from Continental Hopewell Woodlands, Inc. to KMI Continental Woodlands (Virginia) Inc. Among these was Tract 112-325 listed on Exhibit A as Nolting containing 436 acres. This transaction had no effect on the development rights of the 405.689-acre parcel, the 8.1-acre parcel or the 19-acre parcel.

 

Deed Book 848, page 60, dated March 30, 1985, conveyed mineral rights from KMI Continental Woodlands (Virginia) Inc. to KMI Continental High Value Inc. The subject parcels included the Nolting tract containing 432.79 acres. This transaction had no effect on the development rights of the 405.689-acre parcel, the 8.1-acre parcel or the 19-acre parcel.

 

Deed Book 882, page 213, dated May 23, 1986, conveyed 0.55 acres from KMI Continental Woodlands to Peter L. Gray and Susan B. Gray. The transaction is shown

on a plat by Wm. Morris Foster, dated May 6, 1986. The plat notes that the acreage of Parcel 25 was reduced to approximately 431.2 acres. This transaction had no effect on the development rights of the 405.689-acre parcel.

 

Deed Book 914, page 698, dated December 8, 1986, conveyed two parcels from KMI Continental Woodlands (Virginia) Inc. to Bear Island Timberlands Company, L.P. Parcel A is described as containing 417.5 acres and as being the same property as was conveyed by the deed of record in Deed Book 325, page 563. Parcel B is described as containing 19 acres and as being the same property as was conveyed by the deed of record in Deed Book 329, page 338. The deed notes that the land conveyed to the Commonwealth of Virginia in Deed Book 516, page 76 and the land conveyed to Peter L. Gray and Susan B. Gray in Deed Book 882, page 213 is not part of this conveyance. This transaction had no effect on the development rights of the 405.689-acre parcel, the 8.1-acre parcel or the 19-acre parcel.

 

Deed Book 952, page 383, dated July 20, 1987, conveyed 3 tracts from Gerald Millar Wilson to Akwenasa Community, Inc. The tracts are described as follows:

 

1.       The residue of a 40-acre tract, shown on a plat of record in Deed Book 336, page 364, containing 19.435 acres on which the Mansion House of Monticola is situated, after the exclusion of 4 lots containing a total of 20.565 acres shown on a plat of record in Deed Book 625, page 652.

 

2.       Four lots, being Lot 1 containing 5.137 acres, Lot 2 containing 5.137 acres, Lot 3 containing 5.137 acres and Lot 4 containing 5.154 acres, shown on a plat recorded in Deed Book 625, page 652.

 

3.       A lot containing approximately 1 acre described as Lot 9 shown on a plat recorded in Deed Book 473, page 278.

 

Deed Book 1050, page 705, dated May 15, 1989, conveyed 1.749 acres from Bear Island Timberlands Company, L.P., to Leighton Land Turner and Mary Vivian Turner. The property is described on Exhibit A and shown on a plat by Roger W. Ray, C.L.S., dated October 11, 1988. The plat shows a 1.749-acre portion of Parcel 25 that is combined with Parcel 1 on Tax Map 139A. The plat indicated that the residue of Parcel 25 retained five development rights and 429.46 acres. This transaction had no effect on the development rights of parcel 25.

 

Deed Book 1197, page 2, dated December 9, 1991, conveyed 25.121 acres from Bear Island Timberlands Company, L.P., to Marvin E. Ripley and Vivian G. Ripley. The parcel is described in Exhibit A as a portion of the Nolting Tract that the Grantor acquired by the deed of record in Deed Book 914, page 698. The parcel is designated as Lot 1 on a plat by Robert Lum dated September 20, 1991. The plat also shows Lot 2 containing 24.684 acres. Lot 1 is now designated as Parcel 25H and Lot 2 is designated as Parcel 23 on Tax Map 139. The plat notes that no development rights were conveyed with Lot 1 or Lot 2. The plat notes the residue of Parcel 25 contains 379.6 acres. Be aware that that the 19-acre parcel and the 8.1-acre parcel are included in that acreage figure. This transaction had no effect on the development rights of parcel 25.

 

Deed Book 1197, page 11, dated December 9, 1991, conveyed 24.684 acres from Bear Island Timberlands Company, L.P., to Robert F. Ripley and Mary E. Ripley. The parcel is described in Exhibit A as a portion of the Nolting Tract that the Grantor acquired by the deed of record in Deed Book 914, page 698. The parcel is designated as Lot 2 on a plat by Robert um dated September 20, 1991. The plat also shows Lot 1 containing 25.121 acres. Lot 1 is now designated as Parcel 25H and Lot 2 is designated as Parcel 23 on Tax Map 139. The plat notes that no development rights were conveyed with Lot 1 or Lot 2. The plat notes the residue of Parcel 25 contains 379.6 acres. Be aware that that the 19-acre parcel and the 8.1-acre parcel are included in that acreage figure. This transaction had no effect on the development rights of parcel 25.

 

Deed Book 1353, page 675, dated October 4, 1993, conveyed 3 tracts from Akwenasa Community, Inc. to Paula I. Mell. The tracts are described as follows:

 

1.       The residue of a 40-acre tract, shown on a plat of record in Deed Book 336, page 364, containing 19.435 acres on which the Mansion House of Monticola is situated, after the exclusion of 4 lots containing a total of 20.565 acres shown on a plat of record in Deed Book 625, page 652.

 

2.       Four lots, being Lot 1 containing 5.137 acres, Lot 2 containing 5.137 acres, Lot 3 containing 5.137 acres and Lot 4 containing 5.154 acres, shown on a plat recorded in Deed Book 625, page 652.

 

3.       A lot containing approximately 1 acre described as Lot 9 shown on a plat recorded in Deed Book 473, page 278.

 

This transaction had no effect on the development rights or on the status of the tracts as separate parcels.

 

Deed Book 1451, page 677, dated February 16, 1995, conveyed two tracts of land containing a total of 272.85 acres from Bear Island Timberlands Company, L.P. to Paula I. Mell. The property is described as being a portion of the Nolting Tract conveyed to the Grantor by the deed in Deed Book 914, page 698. The property is shown on a plat by Roger W. Ray that is dated November 11, 1994. Parcel A, containing 271.73 acres is now identified as Parcel 25 on Tax Map 139. Parcel B, containing 1.12 acres is now identified as Parcel 25A on Tax Map 139. The 106.8-acre residue is designated as Parcel 72 on Tax Map 133. At the time this plat was recorded, parcel 25A was considered to be a separate parcel because it was physically separated from the original parcel by Route 626 under the Sanford ruling. The plat notes that no development rights were transferred with Parcel A or Parcel B. The 106.8-acre residue retained all development rights. As a result of this transaction, parcel 25 contains 271.73 acres and zero development rights. It is determined that the platting of the 1.12-acre parcel combined the residues of Parcel 25, the 19-acre parcel and the 8.1-acre parcel into a single parcel with one development right.  Be

aware that the parcel may not be able to utilize the development right because it is located in the flood hazard overlay district.

 

Deed Book 2514, page 695 contains a Deed of Trust from Mell to U.S. Bank National Association. This transaction placed four parcels in trust, described as follows:

 

Tract One: The Mansion House Tract shown on the plat of record in Deed Book 336, page 364, less and except Lot 1 containing 5.137 acres, Lot 2 containing 5.137 acres, Lot 3 containing 5.137 acres and Lot 4 containing 5.154 acres, shown on a plat recorded in Deed Book 625, page 652.

 

Tract Two: The four tracts shown on the plat recorded in Deed Book 625, page 652.

 

Tract Three: Lot 9 shown on a plat recorded in Deed Book 473, page 278.

 

Tract Four: Parcel A containing 271.73 acres and Parcel B containing 1.12 acres shown on a plat recorded in Deed Book 1451, page 686.

 

This transaction had no effect on the development rights or on the status of the tracts as separate parcels.

 

Deed Book 2915, page 141, dated December 7, 2004, contains the appointment of M. Clifton McClure as Substitute Trustee under the Deed Of Trust of record in Deed Book 2514, page 695. This transaction had no effect on the development rights or on the status of the tracts as separate parcels.

 

Deed Book 2965, page 350, dated April 12, 2005, conveyed four tracts of land from M. Clifton McClure, Trustee to U.S. Bank National Association. This is the same property conveyed to Paula I. Mell by the deeds of record in Deed Book 1353, page 675 and Deed Book 1451, page 677. This transaction had no effect on the development rights or on the status of the tracts as separate parcels.

 

Deed Book 3048, page 461, dated August 15, 2005, conveyed four tracts from U.S. Bank National Association to Dunterry, LLC. The property is described as being the same that was conveyed to the Grantor by the deed of record in Deed Book 2965, page 350. This transaction had no effect on the development rights or on the status of the tracts as separate parcels.

 

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

 

Enclosed: Deed Book 325, page 564 plat of 476.5-acre tract

                 Tax Map 139 including sketch of residues of the 19-acre and the 8.1-acre  

                 parcels         

 

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