December 29, 2006

 

Tom Gale

Roudabush, Gale & Assoc., Inc

914 Monticello Road

Charlottesville, VA 22902

 

RE: OFFICIAL DETERMINATION OF PARCELS AND DEVELOPMENT RIGHTS -- Tax Map 70, Parcels 37E, 37F & 37N- Whitehall Magisterial District (The Property of Murray Investment Group LLC, - Highland Ridge Farm Series) Section 10.3.1

 

Dear Mr. Gale:

 

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 have been allocated a total of fourteen (14) theoretical development rights as follows. The areas associated with these development rights are shown on Attachment A.

 

Tax Map 70, Parcel 37E contains a separate 1.5-acre parcel that is identified as “a” on Attachment A. The balance of Parcel 37E contains a portion of the 106.2-acre tract identified as “b” on Attachment A and a portion of the 188.44-acre tract identified as “c” on Attachment A. All of these tracts are shown on the plat in Deed Book 646, page 752.

 

The 1.5-acre portion of Parcel 37E contains one (1) theoretical development right.

 

The portion of Parcel 37N that was part of the original 96.75-acre parcel, identified as “d” on Attachment A contains four (4) Development rights

 

The portion of Parcel 37N identified as “e” and the portion of Parcel 37E identified as “b” that were each part of the original 106.2-acre parcel contain a total of five (5) theoretical development rights. It is necessary to allocate these 5 development rights between “e” and “b” on a plat in order to utilize them.

 

The residue of Parcel 37F identified as ”f” on Attachment C and the portion of Parcel 37E identified as “c” that were each part of the original 188.44-acre parcel contain a total of four (4) theoretical development rights. It is necessary to allocate these 4 development rights between “f” and “c” on a plat in order to utilize them.

 

Our records indicate Tax Map 70, Parcel 37E contains 39.120 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 3184, page 150.

 

Our records indicate Tax Map 70, Parcel 37F contains 109.426 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 3184, page 150.

 

Our records indicate Tax Map 70, Parcel 37N contains 57.061 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 3184, page 150.

 

The most recent instrument for these properties recorded prior to the adoption of the Zoning Ordinance, December 10, 1980, is recorded in Deed Book 646, page 750 and is dated May 12, 1978. This deed conveyed 392.85 acres from Edward C. Mears and Patricia C. Mears to Daniel E. Ford. The property is described on a composite plat of four tracts by William S. Roudabush, Inc, dated May 16, 1978. The plat shows T.M. 70-34, containing 96.75 acres, T.M. 70-35, containing 106.2 acres, T.M. 70-35A, containing 1.5 acres and a portion of T.M. 70-37, containing 188.44 acres. Route 637 physically divides Parcels 35 and 37. However, the plat does not in any way describe Parcels 35 or 37 as being legally divided into separate parcels by Route 637. While the road serves to physically divide the parcels it does not serve to legally divide the parcels. On the basis of this deed Tax Map 70, Parcels 34, 35, 35A and 37 are determined to be parcels of record on December 10, 1980. Parcels 34, 35 and the portion of 37 each had five (5) development rights on that date. Parcel 35A is determined to be a parcel of record with one (1) development right. These parcels are shown on Attachment B.

 

Deed Book 712, page 651, dated February 11, 1981, conveyed 3 tracts from Daniel E. Ford to Builder Marts of America, Inc. The tracts are shown on a plat by William S. Roudabush, dated February 12, 1981 and described, in part, below. The plat did not allocate development rights as required by the zoning ordinance in effect at that time.

 

Tract A: All that certain 39.12-acre tract located on the north side of Route 637, being a portion of the property conveyed by the deed recorded in Deed Book 646, page 750. The plat notes that Parcel A is composed of Parcel 35A and portions of Parcels 35 and 37 on Tax Map 70. Parcel A is depicted as a single parcel comprised of three parts connected by hooks. On the basis of this deed it is determined that the 1.5-acre lot maintains its status as a separate parcel of record with one development right. It is further determined that this plat served to subdivide Parcel 37E from Parcels 35 and 37. Parcel 37E

is not a separate parcel of record simply because it is separated from Parcels 35 and 37 by Route 637. Consequently, any development rights allocated to this parcel must be derived from the original parent parcels of record established by the deed of record in Deed Book 646, page 750.

 

Tract B: All that certain157.53-acre tract (“f” on Attachment A) located on the south side of Route 637, being a portion of the 188.44-acre tract conveyed in Deed Book 646, page 750 that is located on the south side of Route 637. On the basis of this deed the 157.53-acre tract plus a portion of Parcel 37E (“c” on Attachment A), together comprising the original 188.44-acre parcel of record, contain five (5) development rights.

 

Tract C: : All that certain 191.28-acre tract located on the south side of Route 637, comprised of the 96.75-acre tract and the portion of the 106.2-acre tract located south of Route 637. The plat combined these two tracts with a “hook” but did not eliminate the development rights of the respective parent parcels. On the basis of this deed the original 96.75-acre portion of Tract C retains five (5) development rights. The portion of Tract C tract plus a portion of Parcel 37E, together comprising the original 106.2-acre parcel of record contain a total of five (5) development rights.

 

Tract D: All that certain 109.93-acre tract located on the south side of Route 637 and on the east side of Route 691 and described on the plat as being a portion of Parcel 37. This property is not a subject of this determination.

 

Deed Book 712, page 656, dated February 27, 1981, conveyed 3 tracts from Builder Marts of America, Inc. to James C. Murray, II. The tracts are described as being the same that were conveyed by the deed dated February 11, 1981, recorded contemporaneously herewith. This transaction had no effect on the development rights of the parcels.

 

Deed Book 833, page 271, dated March 25, 1985, conveyed Parcel “P” and “Y” from Daniel E. Ford to James C. Murray, II. The tracts are shown on a plat by William S. Roudabush, dated February 12, 1981 and described, in part, as follows:

 

Parcel “P”: All that certain parcel containing 21.00 acres shown on a plat by Roudabush, Greene & Gale, Inc., dated March 5, 1985. Parcel P is comprised of portions of Parcel 34 and Parcel 35 as shown on the plat of record in Deed Book 646, page 752. Parcel P was added to the 157.53-acre residue shown as Tract B on the plat of record in Deed Book 712, page 651. No development rights were transferred to Parcel P.

 

Parcel “Y”: All that certain parcel containing 40.00 acres shown on a plat by Roudabush, Greene & Gale, Inc., dated November 12, 1984. Parcel Y is a portion of 34 as shown on the plat of record in Deed Book 646, page 752. It is now designated as Parcel 37G on Tax Map 70. No development rights were transferred to Parcel Y.

 

This plat also showed Parcel Q, containing 49 acres. Parcels P and Q are added to Parcel “B” containing 157.53 acres, designated as Parcel 37F and described by reference to the plat recorded in Deed Book 712, page 654. The plat notes

that the residue of Parcel C, now a portion of Parcel 37N, contained 81.28 acres and that no development rights are being transferred from it.

 

Deed Book 833, page 276, dated March 25, 1985, conveyed Parcel “Q” from Daniel E. Ford to Cornelia Snoey, Trustee of the Cornelia Snoey Trust. The tract is shown on the plat by Roudabush, Greene & Gale, Inc., dated March 5, 1985 that is described above. This transaction had no effect on the development rights of the parcel.

 

Deed Book 833, page 283, dated March 25, 1985, conveyed Parcel “Q” from Cornelia Snoey, Trustee of the Cornelia Snoey Trust to James C. Murray, II. The tract is shown on the plat by Roudabush, Greene & Gale, Inc., dated March 5, 1985 that is described above. This transaction had no effect on the development rights of the parcel.

 

Deed Book 833, page 287, dated March 25, 1985, conveyed 10 acres from James C. Murray, II and Dorsey D. Murray to Cornelia Snoey, Trustee of the Cornelia Snoey Trust. The property is designated as Parcel “X” on a plat by Roudabush, Greene & Gale, Inc., dated November 9, 1984. The plat describes this as a division of Parcel 37F on Tax Map 70 shown on plat in Deed Book 712, page 654. The 10-acre tract is identified as Parcel 37H on Tax Map 70. The plat notes that the residue contains 147.53 acres and retains four development rights. As a result of this transaction the 147.53-acre residue (“f”) plus a portion of Parcel 37E (“c”) contained 4 development rights. These development rights are associated with the original 188.44-acre parcel of record.

 

Deed Book 833, page 295, dated March 25, 1985, conveyed 40 acres from James C. Murray, II and Dorsey D. Murray to Helen C. Aubrey. The property is designated as Parcel “Y” on a plat by Roudabush, Greene & Gale, Inc., dated November 12, 1984 that is described above. This property is now designated as Parcel 37G on Tax Map 70. This transaction had no effect on the development rights of the parcels.

 

Deed Book 863, page 126, dated December 10, 1985, conveyed 81.26 acres, as stated I the deed,  from Daniel E. Ford to James C. Murray, II. The parcel is shown on a plat by Roudabush, Greene & Gale, Inc., dated December 2, 1985 and described as being the residue of Parcel C shown at Deed Book 712, page 654. The plat notes that no development rights have been affected and that the residue of Parcel C retains five development rights. It is determined that this tract actually contained up to ten development rights. Five are derived from the original Parcel 34 and five are derived from the original Parcel 35.

 

Deed Book 1447, page 8, dated December 15, 1994, conveyed 21 acres from James C. Murray, II to Lynn A. Wagner Revocable Trust. The parcel is described as Parcel Z on a plat by Roudabush, Gale & Assoc., Inc., dated March 11, 1993 and revised December 1, 1994. The parcel is further described as being a portion of the property conveyed to the Grantor by the deed of record in Deed Book 712, page 656 and corrected by the deed of record in Deed Book 714, page 93. The plat notes that Parcel Z may not be further divided and that Parcel 37F retains 4 development rights for lots not to exceed 31 acres. The 21-acre tract is identified as Parcel 37F1 on Tax Map 70.  It is

determined that the note referring to the 31-acre rule is not applicable because Parcel 37H was created prior to November 8, 1989, the effective date of that regulation. The four development rights are associated with the original 188.44-acre parcel of record. This transaction had no effect on the development rights of the parcels.

 

Deed Book 1487, page 432, dated May 4, 1995, conveyed 38.375 acres from James C. Murray, II and Dorsey D. Murray to Tara E. Murray. The parcel is designated as Lot 2 on a plat by Roudabush, Gale & Assoc., Inc., dated October 20, 1992. The plat noted that development rights were unaffected by this subdivision and that the residue of Tax Map 70, Parcel 37F retains four development rights. The plat noted that the residue contained 122.40 acres. This transaction had no effect on the development rights of the parcels.

 

Deed Book 1487, page 439, dated May 4, 1995, conveyed 35.760 acres from James C. Murray, II and Dorsey D. Murray to James C. Murray, III. The parcel is designated as Lot 1 on a plat by Roudabush, Gale & Assoc., Inc., dated October 20, 1992. The plat noted that development rights were unaffected by this subdivision and that the residue of Tax Map 70, Parcel 37F retains four development rights. The plat noted that the residue contained 122.40 acres. This transaction had no effect on the development rights of the parcels.

 

Deed Book 1909, page 138, dated March 30, 2000, conveyed 26.032 acres from James C. Murray, II to James C. Murray, II, Trustee and Dorsey S. Murray, Trustee. The parcel is designated as Parcel X on a plat by Roudabush, Gale & Assoc., Inc., dated September 20, 1999. Parcel X is comprised of 13.007 acres from Parcel 37, 0.716 acres from Parcel 37Fand 12.309 acres from Parcel 37F. A 0.056-acre portion of Parcel 37, designated as Parcel Y, was added to Parcel 37F. The plat noted that Parcel X may not be further divided. After this transaction new Parcel 37 contained 68.197 acres and new Parcel 37F contained 109.426 acres. Parcel X is identified as Parcel 37M on Tax Map 70. This transaction had no effect on the development rights of the parcels.

 

Deed Book 2134, page 86, dated November 30, 2001, conveyed 11.136 acres from James C. Murray, II to Tara E. Murray and Dorsey S. Murray. The parcel is designated as Parcel Y on a plat by Roudabush, Gale & Assoc., Inc., dated June 22, 2001. The plat noted that Parcel Y may not be further divided. After this transaction new Parcel 37 contained 57.061 acres. Parcel Y is identified as Parcel 37 on Tax Map 70. The plat notes that Parcel 37, the residue of original Parcels 34 and 35, also known as Parcel C shall have four development rights. Parcel Y may not be further divided. The plat also noted that the owner reserves the right to apply for a zoning determination to account for the ten development rights in Parcel C shown at Deed Book 712, page 654. As a result of this transaction the portion of Parcel 37N, identified as “d” on Attachment A, derived from the original 96.75-acre parcel of record retained 4 development rights. The portion of Parcel 37N, identified as “e” on Attachment A, plus the portion of Parcel 37E, identified as “b” on Attachment A, that are derived from the original 106.2-acre parcel of record retain 5 development rights.

 

Deed Book 3184, page 150, dated November 1, 2005, conveyed four parcels from James C. Murray, II to Murray Investment Group, LLC – Highland Ridge Farm Series. The parcels are identified as TMP 70-37E, TMP 70-37F, TMP 70-37F2 and TMP 70-37N. This transaction had no effect on the development rights of the parcels.

 

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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