October 4, 2006

 

Tara Rowan Boyd

LeClair Ryan

123 East Main Street, 8th Floor

Charlottesville, VA 22902

 

RE: OFFICIAL DETERMINATION OF PARCELS AND DEVELOPMENT RIGHTS -- Tax Map 114, Parcels 67, 67A, 67B, 67L & 67M Tax Map 123, Parcels 2 & 59 (Property of Murcielago LLC) Section 10.3.1

 

Dear Ms. Boyd:

 

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 the subject parcels contain the development rights as identified below. The basis for this determination follows.

 

 

Tax Map - Parcel

Acreage

Development Rights

1

114 - 67

95.36

0

2

114 - 67A

698.240

10

3

114 - 67B

187.26

5

4

114 - 67L

21.25

0

5

114 - 67M

21.19

0

6

123 - 2

2.75

1

7

123 - 59

766.87

5

 

Total

 

21

 

Tax Map 114, Parcels 67, 67A and 67B

 

Our records indicate Tax Map 114, Parcel 67 contains 95.360 acres and 1 dwelling. The property is not in an Agricultural and Forestal District. The most recent recorded instrument for this property is recorded in Deed Book 2218, page 296.

 

Our records indicate Tax Map 114, Parcel 67A contains 698.240 acres and 1 dwelling. The property is not in an Agricultural and Forestal District. The most recent recorded instrument for this property is recorded in Deed Book 2603, page 375.

 

Our records indicate Tax Map 114, Parcel 67B contains 187.290 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 2218, page 296.

 

This analysis begins with the deed of record in Deed Book 242, page 205 that is dated December 10, 1938. The deed conveyed 4 tracts from Genevieve W. Schreiner (widow of Francis L. Schreiner) to Louise M. Simmons. The parcels are described, in part, as follows:

 

  1. That certain tract known as “Englewood Farm” and described as containing 631.25 acres. The property is shown on a plat by M. M. Van Doren dated June 21, 1917 that is attached to the deed. The plat shows two parcels: The Englewood Tract containing 332.5 acres and the Sally E. T. Moon Tract containing 298.75 acres. The deed established these two tracts as separate parcels of record. The parcels are identified as Parcel #1 & Parcel #2 on Exhibit A.

 

  1. All that certain other tract containing 958.5 acres. This property is described by the plat of record in Deed Book 206, page 56. Excepted from this conveyance is a parcel containing 2.75 acres conveyed to School District #3 by the deed of record in Deed Book 85, page 118 and a 1-acre lot conveyed by the deed of record in Deed Book 152, page 153. There is expressly excluded from the general warranty as to this tract of land, two tracts containing 40 acres and 13.5 acres respectively. The 40-acre tract is at the northeast corner of the entire 958.5-acre tract. The 13.5-acre tract is only described by reference to Deed Book 55, page 70. They do not appear on the plat and are not separately referenced in subsequent deeds. The 2.75-acre “School Lot” is determined to be a parcel of record. This parcel is discussed in greater detail below. The locations of the 13-acre tract and the 40-acre tract have not been determined. The applicant may submit further information to show these were separate parcels. Absent this information the 958.5-acre tract is considered to be a single parcel for the purpose of this determination. The tract is known as Mount Pleasant. The parcel is identified as Parcel #3 on Exhibit A. The 1-acre parcel is not a subject of this determination.

 

  1. All that certain tract containing 554.5 acres, known as “Mount Ayre” lying on both sides of the Hardware River. It is further described as being the same land conveyed to John J. Schreiner and Edith O. Schreiner by the deed of record in Deed Book 208, page 192. The deed established this tract as a separate parcel of record. The parcel is identified as Parcel #4 on Exhibit A.

 

  1. All that certain tract containing 5 acres. It is further described as being the same land conveyed to John J. Schreiner and Edith O. Schreiner by the deed of record in Deed Book 206, page 303. The exact location of the 5-acre tract has not been determined. The applicant may submit further information to show this is now a separate parcel. Absent this information the 5-acre tract is considered to be

a part of the 958.5-acre tract and not a separate parcel for the purpose of this determination. The vicinity of the parcel is identified as #5 on Exhibit A.

 

631.25 + 958.5 + 554.5 + 5 = 2149.25  -  (40 + 13.5 + 2.75 + 1) = 1992

 

Deed Book 268, page 572, dated May 25, 1946, conveyed  two tracts from Louise M. Simmons to Bert O. Vipond, H. W. Walsh & Lyttelton Waddell, Trustees H. W. Walsh & E. W. Scott, Trustees and People’s National Bank of Charlottesville. The parcels contain 125.7 acres and 26.6 acres respectively as shown on a plat by Hugh F. Simms and Son, C. L. S. dated May, 1946 that is attached to the deed. The property is further described as being a portion of the tract containing 958.5 acres conveyed by the deed of record in Deed Book 242, page 235. The 125.7-acre parcel served to physically divide Mount Pleasant, the 958.5-acre parcel into 2 tracts. These are identified as Parcels #3 and #6 on Exhibit B. The 126.7-acre parcel and the 26.6-acre parcel are part of T.M. 123-34

 

Deed Book 282, page 508, dated February 28, 1949, conveyed 1947 acres from Louise M. Simmons to George Kremer, Sr. The property is described by a plat by Hugh F. Simms and Son, C. L. S., dated February 1949 that is attached to the deed. It is further described as being a portion of the property conveyed by the deed of record in Deed Book 242, page 235.

 

Deed Book 412, page 422, dated October 27, 1965, conveyed three parcels from Roux Laboratories, George Kremer, Sr., President, to Burruss Land and Lumber Company, Inc. The parcels are described as follows:

 

FIRST: The 1947.2-acre tract described as being the same parcel conveyed to George Kremer, Sr. by the deed of record in Deed Book 282, page 508.

 

SECOND: A tract of one acre not included within the boundaries of the 1947.2-acre tract that was conveyed to the trustees of St. John’s Baptist by Deed Book 152, page 153. This parcel is not a subject of this determination.

 

THIRD: A tract of 2.75 acres described by reference to Deed Book 290, page 576. [T.M. 123-2]

 

Deed Book 690, page 175, dated February 28, 1980, conveyed 1947.2 acres from Billings K. Ruddock and Ellen F. Ruddock to James F. Jackson III and Bernice J. Jackson. The property is described as containing 1947.2 acres as shown on a plat by Hugh F. Simms in Deed Book 282, pages 510 & 511 less 0.3 acres conveyed to the Commonwealth of Virginia of record in Deed Book 300, page 193.

 

Deed Book 690, page 177, February 28, 1980, contains a deed of trust for the property conveyed by the above deed. The deed conveyed the interest of James F. Jackson III and Bernice J. Jackson in the above property to Malcolm M. Christian and C. Tanner Rose, Trustees.

 

Deed Book 693, page 5, dated April 28, 1980, conveyed 766.87 acres to Arthur H. Sanson and Nancy M. Sanson. This is now identified as Tax Map 123, Parcel 59. This tract is discussed in detail below. The parcel is identified as Parcel #4 on Exhibit D.

 

The most recent instrument for Parcels 67, 67A & 67B recorded prior to the adoption of the Zoning Ordinance, December 10, 1980, is recorded in Deed Book 695, page 124, and is dated May 16, 1980. The deed conveyed 787.76 acres from James F. Jackson III and Bernice J. Jackson to Westvaco Corporation. The deed contains a plat by James C. May & Associates, revised on June 5, 1980 that divides Parcels #1, #2, #4 and #6 as designated on Exhibit B. This is a portion of the 1,947-acre property described above. The plat shows 3 parcels: Parcel No. 1 containing 202.65 acres, Parcel No. 2 containing 787.76 acres and Parcel No. 3 containing 187.29 acres. The remainder of the 1,947 acres is comprised of Tax Map 123, Parcel 59, said to contain 766.87 acres and the School Lot, said to contain 2.75acres.

 

The James C. May plat that created Parcels 1, 2 and 3 was not subject to County review and approval based on the subdivision ordinance that was revised on March 29, 1978 and was in effect at the time the plat was recorded. It was exempt, since as a result of the plat no new parcel contained less than 120 feet of road frontage and no new parcel contained less than 5 acres. It is noted that Parcel #6 on Exhibit B did not have road frontage prior to the recordation of this plat.

 

It is determined that the May plat was a boundary adjustment among Parcels #1, #2, #4 and #6 shown on Exhibit B resulting in 3 separate parcels of record. These parcels are identified as Parcels #1, #2 & #3 on Exhibit D. This is based on the analysis set forth in the email message from Fred Payne dated August 24, 2006. Parcel #4 is T.M. 123 - 59.

 

Deed Book 696, page 689, dated June 9, 1980 amended a Deed of Trust among Billings K. Ruddock and Ellen F. Ruddock, Noteholder; James F. Jackson III and Bernice J. Jackson, Maker; and Malcolm M. Christian and C. Tanner Rose, Jr., Trustee. The deed makes reference to a portion of Parcel No. 1 that is shown on an attached plat. The deed states that for purposes of future releases under the Deed of Trust (Deed Book 690, page 177), a cross-hatched area shown on the attached plat shall be deemed to be a portion of Parcel No. 3 for the purpose of the release of portions of the property from the lien of the deed of trust. This deed was recorded on July 16, 1980. Parcel No. 1 is now designated as Parcel 67A on Tax Map 114. It is determined that this deed of Trust did not establish the cross-hatched area as a separate parcel. This transaction had no effect on the development rights of either Parcel #1 [T.M. 114- 67] or Parcel #3. [T.M. 114- 67B]

 

On the basis of the above deeds, the parcels noted below contained the following development rights on December 10, 1980.

 

 

 

Acreage

1979 Tax Map/ Parcel

Development rights

Parcel No. 1

202.65

T.M. 114- 67

5

Parcel No. 2

787.76

T.M. 114- 67A

5

Parcel No. 3

187.29

T.M. 114- 67B

5

D.B./p. 693/5

766.87

T.M. 123-59

5

School Lot

2.75

T.M. 123-2

1

Total

1947.24

 

 

 

Tax Map 123, Parcel 2 and Parcel 59

 

Our records indicate Tax Map 123, Parcel 2 contains 2.75 acres and 1 dwelling. The property is not in an Agricultural and Forestal District. The most recent recorded instrument for this property is recorded in Deed Book 2218, page 296.

 

Our records indicate Tax Map 123, Parcel 59 contains 762.510 acres and 5 dwellings. The property is not in an Agricultural and Forestal District. The most recent recorded instrument for this property is recorded in Deed Book 2218, page 296.

 

This analysis begins with the deed of record in Deed Book 290, page 576 that is dated July 21, 1950. This deed conveyed 2.75 acres from the County School Board of Albemarle County to George Kremer, Sr. The property is described by reference to the deed of Isaac R. Barksdale, dated September 29, 1880 of record in Deed Book 85, page 118. This deed established the School Lot as a parcel of record. [T.M. 123-2]

 

Deed Book 501, page 623, dated February 2, 1972, conveyed 3 parcels from Burruss Land and Timber Company to Billings K. Ruddock and Ellen F. Ruddock. The parcels are described, in part, as follows:

 

FIRST: 1947.2 acres described on a plat by Hugh F. Simms and Son, C.L.S. dated February 1949 and recorded in Deed Book 282, pages 510 and 511.

 

SECOND: A 1-acre lot. As noted above, the location of this parcel has not been determined

 

THIRD: 2 ¾ acres adjoining Parcel FIRST that is the same parcel that was conveyed by the deed of record in Deed Book 290, page 576.

 

This deed had no effect on the status the 2.75-acre lot as a parcel of record.

 

The most recent instrument for Parcel 2 and Parcel 59 recorded prior to the adoption of the Zoning Ordinance, December 10, 1980, is a Deed of Exchange that is recorded in Deed Book 693, page 5, and is dated April 28, 1980. This deed conveyed 766.87 acres from M.R.J. Wyllie & Margaret J. Wyllie to Arthur M. Sanson, Jr. & Nancy M. Sanson. The property is described by a plat by James C. May & Associates, dated April 22, 1980. The plat references Deed Book 501, page 623 as the source of title. The plat indicates the existence of the school parcel in the Southeast area of the tract by a dotted line. There is no deed book or other reference to the school lot on the plat. There is no reference to the school lot in the deed. The 766.87-acre parcel is a portion of the above described 1947.2-acre tract. The balance of that parcel is comprised of Lots 1, 2 & 3 shown on the James May plat of record in Deed Book 695, page124 and the school lot described herein. This plat did not require County approval because the 766.87-acre parcel contained more than 120 feet of frontage on Route 795 and contained more than 5 acres in accord with the subdivision ordinance in effect at the time these parcels were created. On the basis of this deed, the 766.87-acre parcel is determined to be a parcel of record with five (5) development rights. This deed had no effect on the status the 2.75-acre lot as a parcel of record with one (1) development right. [T.M. 123-59 & 123-2]

 

Tax Map 114, Parcels 67, 67A & 67B  and Tax Map 123, Parcels 2 & 59,  

 

The following deeds ranging from Deed Book 740, page 342 to Deed Book 2479, page 465 document the conveyance of the parcels referenced above from Liva, Inc. to Mount Pleasant Farm, Inc. to Castle Hill Properties II, LLC to Murcielago, LLC.

 

Deed Book 740, page 342, dated June 7, 1982, conveyed 766.87 from Arthur M. Sanson, Jr. & Nancy M. Sanson to Liva, Inc. The property is described as being all of the property shown on the plat of record in Deed Book 693, page 7. The deed contains this provision:

 

The tract of 2.75 acres, sometimes referred to as “School House Lot,” shown by dotted lines in the southwest corner of the above mentioned May plat, is excepted from the warranty set out above, but Grantors convey all of their right, title and interest in such tract.

 

This transaction had no effect on the development rights of Tax Map 123, Parcel 2 and Parcel 59.

 

Deed Book 742, page 441, dated July 12, 1982, is a Deed of Correction between Arthur M. Sanson, Jr. & Nancy M. Sanson and Liva, Inc. This deed conveys the 2.75-acre tract with warranty. This transaction had no effect on the development rights of Parcel 2 and Parcel 59.

 

Deed Book 748 page 467, dated September 20, 1982, conveyed 187 +/- acres from Malcolm M. Christian to Liva, Inc. The property is described as being Parcel #3 shown on the plat by James May & Associates revised on June 5, 1980 and as being a portion of the land conveyed by the deed of record in Deed Book 690, page 175. This deed contains a copy of the plat which was not revised to show the cross hatched area.

This transaction had no effect on the development rights of the 187-acre parcel designated as Parcel 67B on Tax Map 114.

 

Deed Book 883, page 42, dated June 2, 1986, conveyed 202.65 acres from John P. Eckert and Ursel Eckert to Liva, Inc. The parcel is described as Parcel No. 1 as shown on the plat by James C. May recorded in Deed Book 695, page 127. Excepted from the transaction is the cross-hatched portion of Parcel No. 1 shown on a plat recorded in Deed Book 713, page 123 which amended a Deed of Trust recorded in Deed Book 696, page 689, which is deemed to be part of Parcel No. 3 for the purpose of the release of portions of the property from the lien of the deed of trust. This transaction had no effect on the development rights of the 202.65-acre parcel designated as Parcel 67 on Tax Map 114.

 

Deed Book 1313, page 165, contains a certificate of plat. The plat by Kirk Hughes, dated March 1, 1993 corrects the boundary between Parcel 2 and Parcel 59, owned by Liva, Inc. and Parcel 28 owned by Arthur S. Smith and Noraline Hudson. The area affected by this plat includes the “School House Lot.”  The plat carries a note stating that the purpose of the survey is to correct the boundary line as shown. Parcel 2 is described on the plat by reference to Deed Book 85, page 118, Deed Book 742, page 441, Deed Book 693, page 5. This transaction had no effect on the development rights of Parcels 2 or 59.

 

Deed Book 1670, page 444, Deed Book 1806, page 626 and Deed Book 2218, page 296, described in detail above, document the conveyance of Parcel 59 and Parcel 2 to Murcielago, LLC. These transactions had no effect on the development rights of Parcels 2 or 59.

 

Deed Book 1670, page 444, dated December 10, 1997, conveyed 5 parcels from Liva, Inc. to Mount Pleasant Farm, Inc. The parcels are described, in part as follows:

 

Parcel One: 187 acres, identified as Parcel #3 on the James C. May plat and by reference to Deed Book 748, page 467. [T.M. 114-67B]

 

Parcel Two: 202.65 acres identified as Parcel #1 on the James C. May plat less the cross hatched area which is deemed to be part of Parcel #3 and described as being the same parcel that was conveyed to the Grantor by the deed of record in Deed Book 883, page 42. [T.M. 114-67]

 

Parcel Three:  The certain parcel containing 766.87 acres being all the property shown on the plat by James C. May & Associates of record in Deed Book 693, page 7. [T.M. 123-59 & T.M. 123-2]

 

Parcel Four:  The certain parcel containing 11 acres, more or less, described as being the same property conveyed by the deed of record in Deed Book 1371, page 563.  [T.M. 123-33]

 

Parcel Five [T.M. 123-34] all the parcels known as Brookley containing 1064.3 acres from the following deeds:

 

1.      912 acres described by reference to Deed Book 254, page 523

 

2.      2 tracts containing 125.7 and 26.6 described as being the same land conveyed by the deed of record in Deed Book 655, page 102

 

This transaction had no effect on the development rights of the five Parcels.

 

Deed Book 1806, page 626, dated April 13, 1999, conveyed 5 parcels from Mount Pleasant Farm, Inc. to Castle Hill Properties II, LLC. The property is described as being the same as that conveyed by the deed of record in Deed Book 1670, page 444. This transaction had no effect on the development rights of the five parcels.

 

Deed Book 2218, page 296, dated June 7, 2002, conveyed five parcels from Castle Hill Properties II, LLC to Murcielago, LLC. The property, set forth in Schedule A to the deed is described as being the same as that conveyed by the deed of record in Deed Book 1806, page 626. This transaction had no effect on the development rights of the five parcels.

 

Deed Book 2479, page 465 This contains a Certificate of Plat that was recorded on June 6, 2003. Four boundary surveys by Trueline II Surveying were recorded with this certificate, identified as follows:

 

Plat dated January 24, 2003 showing Tax Map 114, Parcel 67 containing 202.65 acres;

 

Plat dated January 24, 2003 showing Tax Map 114, Parcel 67B containing 187.29 acres;

 

Plat dated January 24, 2003 showing Tax Map 123, Parcel 34 containing 1,061.58 acres; and,

 

Plat dated January 24, 2003 showing Tax Map 123, Parcel 59 containing 767.33 acres and Tax Map 123, Parcel 2 with no specified acreage.

 

These four plats had no effect on the development rights of the five parcels.

 

Deed Book 2603, page 375, dated September 25, 2003, conveyed 787.76 acres from Meadwestvaco Corporation to Murcielago, LLC. The property is described as Parcel No. 2 on the plat by James C. May and Associates, revised on June 5, 1980 and recorded in Deed Book 695, page 124. This was designated as Parcel 67A on Tax Map 114. This transaction had no effect on the development rights of the parcel.

 

Tax Map 114, Parcels 67, 67A, 67L & 67M

 

The following deeds- Deed Book 2931, page 702 and Deed Book 3122, page 278 document the reduction of the acreage of Parcel 67 & 67A and the creation of Parcels 67L & 67M.

 

Our records indicate Tax Map 114, Parcel 67L contains 21.250 acres and no dwellings. The property is not in an Agricultural and Forestal District.

 

Our records indicate Tax Map 114, Parcel 67M contains 21.190 acres and no dwellings. The property is not in an Agricultural and Forestal District.

 

Deed Book 2931, page 702 contains a Certificate of Plat. The plat by Wm. Morris Foster, dated November 1, 2004 shows the subdivision of portions of lands of Murcielago, LLC containing 306.69 acres conveyed to the Declarant by the following sources: (1) TMP 114-67 by deed of record in Deed Book 2218, page 296; (2) TMP 114-67A by deed of record in Deed Book 2603, page 375; and, (3) TMP 114-67C by deed of record in Deed Book 2623, page 366. The plat creates Parcels 67L and 67M and conveys a portion of parcel 67 to Parcel 67A as detailed below.

 

Tax Map 114, Parcel 67L is designated on the plat as Parcel 10, containing 21.85 acres. Parcel 10 is a portion of the original 202.65-acre Parcel No. 1 on the James C. May and Associates Plat revised on June 5, 1980. No development rights were conveyed to this parcel.

 

On the basis of this plat Tax Map 114, Parcel 67L contains zero development rights.

 

Tax Map 114, Parcel 67M is designated on the plat as Parcel 11, containing 21.61 acres. Parcel 10 is also a portion of the original 202.65-acre Parcel No. 1. No development rights were conveyed to this parcel.

 

On the basis of this plat Tax Map 114, Parcel 67M contains zero development rights.

 

The plat also conveyed 63.09 acres from the original Parcel No. 1, containing 202.65 acres to Tax Map 114, Parcel 67A. The plat notes that the 5 development rights of parcel 67 are retained by the 63.09 acres that are being added to Parcel 67A.

 

As a result of these three transactions the residue of the 202.65-acre parcel, now designated as Tax Map 114, Parcel 67 contains 96.10 acres and zero development rights. Tax Map 114, parcel 67A contains 698.79 acres and 10 development rights; 5 in the residue of the original 787.76-acre parcel and 5 in the 63.09-acre portion of the original 202.65-acre parcel that is added to Parcel 67A.

 

Deed Book 3122, page 278 contains a Certificate of Plat. The plat by Wm. Morris Foster, dated October 14, 2005 shows the subdivision of portions of lands of Murcielago, LLC containing 301.91 acres conveyed to the Declarant by the following sources: TMP 114-67 by deed of record in Deed Book 2218, page 296; and TMP 114-67A by deed of record in Deed Book 2603, page 375; and TMP 114-67C by deed of record in Deed Book 2623, page 366. The attached plat revises the plat recorded in Deed Book 2931, page 702 to show the conveyance of strips of land from Parcels 1 – 11 dedicated to the Commonwealth of Virginia for improvements to Blenheim Road. The total area of this conveyance is 5.38 acres. The plat notes that no development rights are being transferred. As a result of this dedication Parcel 67L contains 21.25 acres and Parcel 67M contains 21.19 acres. This transaction had no effect on the development rights of the parcels. [T.M. 114-67L & T.M. 114-67M]

 

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 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

 

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