September 27, 2006

 

Tara Boyd

LeClair Ryan

123 East Main Street, 8th Floor

Charlottesville, VA 22902

 

LETTER OF CORRECTION

 

RE: OFFICIAL DETERMINATION OF PARCELS AND DEVELOPMENT RIGHTS -- Tax Map 122, Parcels 24 & 28 and Tax Map 123, Parcels 33 & 34 (Property of Murcielago LLC) Section 10.3.1

 

Dear Ms. Boyd:

 

This letter replaces my letter to you dated July 7, 2006. This letter corrects the number of separate parcels determined to comprise Tax Map 123, Parcel 34 from 3 to 5. The revised portions of this letter are in Italics.

 

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 referenced parcels have the development rights that are indicated below.

 

 

Tax Map - Parcel

Acreage

Development Rights

Last deed

< 12/10/80

Deed to Murcielago, LLC

1

122 - 24

11.763

5

585 - 3

2697 - 150

2

122 - 28

3.549

1

615 - 314

3017 - 99

3

123 - 33

10.93

5

117- 452

2218 - 296

4

123 - 34

583.5

5

655 - 102

2218 - 296

5

123 - 34

125.7

5

655 - 102

2218 - 296

6

123 - 34

26.6

5

655 - 102

2218 - 296

7

123 - 34

87.5

5

655 - 102

2218 - 296

8

123 - 34

241

5

655 - 102

2218 - 296

 

Total

 

36

 

 

 

The basis for this determination follows. 

 

Tax Map 122, Parcel 24

 

 

Our records indicate Tax Map 122, Parcel 24 contains 11.63 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 2697, page 150.

 

The most recent instrument for this parcel recorded prior to the adoption of the Zoning Ordinance, December 10, 1980, is recorded in Deed Book 585, page 3, and is dated November 20, 1975. This deed conveyed 11.763 acres from Steven H. Helvin & Francis A. Helvin and Richard H. deButts & Marie J. deButts to Linwood A. Clements & Stella T. Clements. The parcel is shown on a plat by Mackie Engineering Co. dated November 6,

 

1975. On the basis of this deed, the 11.763-acre parcel is determined to be a separate parcel of record with five (5) development rights.

 

Deed Book 2697, page 150, dated January 23, 2004, conveyed 11.763 acres from Kimberly Clements Powell, formerly known as Kimberly L. Clements, Joan D. Clements Colpo, and Rodney Clements to Murcielago, LLC. The property is described as being the same that was conveyed by the deed of record in Deed Book 585, page 05. This transaction had no effect on the development rights of Tax Map 122, Parcel 24.

 

Tax Map 122, Parcel 28

 

Our records indicate Tax Map 122, Parcel 28 contains 3.549 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 3017, page 99.

 

The most recent instrument for this parcel recorded prior to the adoption of the Zoning Ordinance, December 10, 1980, is recorded in Deed Book 615, page 314, and is dated February 24, 1977. This deed conveyed a life estate from Charlie Wingfield to Arthur S. Smith and Noraline Hudson. The life estate is recorded in Will Book 49, page 322. The parcel is described as containing 3 acres. On the basis of this deed, the 3-acre parcel is determined to be a separate parcel of record with one (1) development right.

 

Deed Book 1312, page 467 contains an affidavit and plat by Robert L. Lum, dated April 6, 1993. The affidavit describes the land as that of Arthur Smith and Noraline Hudson acquired by the will of Ella F. Wingfield. The plat shows the property contains 3.549 acres and describes it by reference to Deed Book 615, page 314. This transaction had no effect on the development right of Tax Map 122, Parcel 28. 

 

Deed Book 1313, page 165, contains a certificate of plat. The plat by Kirk Hughes, dated March 1, 1993 corrects the boundary between Tax Map 123, Parcels 2 and 59, owned by Liva, Inc. and Tax Map 122, 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.  This transaction had no effect on the development rights of Tax Map 122, Parcel 28.

 

Deed Book 2068, page 651, dated August 6, 2001, conveyed 3.549 acres from Arthur Smith and Noraline Hudson to James T. Marshall and Linda A. Marshall. The property is described by reference to the plat by Robert L. Lum that is recorded in Deed Book 1312, page 468. This transaction had no effect on the development rights of Tax Map 122, Parcel 28.

 

Deed Book 3017, page 99, dated June 23, 2005, conveyed 3.549 acres from James T. Marshall and Linda A. Marshall to Murcielago, LLC. The property is described as being the same as that which was conveyed by Deed Book 2068, page 651. This transaction had no effect on the development rights of Tax Map 122, Parcel 28.

 

Tax Map 123, Parcel 33

 

Our records indicate Tax Map 123, Parcel 33 contains 10.93 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 2818, page 296.

 

This analysis begins with the deed that is recorded in Deed Book 117, page 452 and dated November 11, 1896. This deed conveyed 11 acres, more or less, from John B. Moon and Marion D. Moon to Lucy Johnson. The property is described by metes and bounds. This deed established this lot as a parcel of record with five (5) development rights.

 

Deed Book 1371, page 563, dated May 11, 1993 conveyed 11 acres from Elsie J. Moon, Blanche J. Fleming, Fannie R. Johnson and Rudolph T. Payne, the heirs of Lucy Johnson and Rachel Fleming and Carl V. Payne to Liva, Inc. The property is described as being the same as was conveyed by the deed of record in Deed Book 117, page

452. This transaction had no effect on the development rights of Tax Map 123, Parcel 33.

 

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 Tax Map 123, Parcel 33.

 

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 Tax Map 123, Parcel 33.

 

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 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 Tax Map 123, Parcel 33.

 

Deed Book 2479, page 465 contains a plat by Trueline II Surveying. The plat shows Tax Map 123, Parcel 34, containing 1,061.58 acres and Tax Map 123, Parcel 33, containing 10.93 acres. This had no effect on the development rights of Tax Map 123, Parcel 33.

 

Tax Map 123, Parcel 34

 

Our records indicate Tax Map 123, Parcel 34 contains 1,061.580 acres and 2 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 144, page 14 that is dated August 23, 1910. The deed conveyed two tracts from John B. Moon and Marion D. Moon to Mrs. Helen G. Harris (wife of Charles B. Harris). The parcels are described as containing 87-1/2 acres and 241 acres respectively. The parcels are shown on a plat by M.M.Van Doren, D.S.A.C., dated August 14, 1910 that is attached to the deed.

 

The most recent instrument for this parcel recorded prior to the adoption of the Zoning Ordinance, December 10, 1980, is recorded in Deed Book 655, page 102, and is dated

August 10, 1978. This deed conveyed 1,064.3 acres from Paul W. Hoffman and Camille O. Hoffman to Liva, Inc. The property is described, in part, as follows:

 

  1. A tract containing 912 acres as shown on a plat by Hugh F. Simms, C.L.S., dated May 1942, of record in Deed Book 254, page 523.

 

The plat shows the location of the 87.5-acre tract and the 241-acre tract described above and references Deed Book 144, page 14.

 

  1. Two tracts adjoining the above described 912 acres on its westerly boundary, containing respectively, 125.7 acres and 26.6 acres, shown on a plat by Hugh F. Simms, C.L.S., dated May 1946, of record in Deed Book 268, page 576.

 

On the basis of this deed, the 1,064.3-acre tract is determined to be comprised of five (5) separate parcels of record containing respectively, the residue of the 912- acre tract calculated to contain 583.5 acres, 241 acres, 87.5 acres, 125.7 acres and 26.6 acres. Each of these five separate parcels contains five (5) development rights. Copies of these plats are enclosed.

 

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 34 to Murcielago, LLC. These transactions had no effect on the development rights of the three parcels that comprise Tax Map 123, Parcel 34.

 

Deed Book 2479, page 465 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 a 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 Tax Map 123, Parcel 34.

 

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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