March 23, 2007

 

Richard Howard-Smith

Feil, Pettit & Williams, PLC

P.O. Box 2057

Charlottesville, VA 22902

 

RE: OFFICIAL DETERMINATION OF PARCELS AND DEVELOPMENT RIGHTS -- Tax Map 75, Parcels 2, 2C, 11, 46, 47 & 64  Samuel Miller Magisterial District (Property of Hedgerow Corporation) Section 10.3.1

 

Dear Mr. Howard-Smith:

 

The County Attorney and I have reviewed the title information for the above-noted property.  The following is the County Attorney's advisory opinion and my official determination.

 

Tax Map 75, Parcel 2 has one (1) theoretical development right. It is eligible for an additional 3 development rights that have not been allocated.

 

Tax Map 75, Parcel 2C is comprised of 2 separate parcels of record. The 21.6-acre parcel has five (5) development rights. The 7.6-acre parcel has three (3) development rights.

 

Tax Map 75, Parcel 11 has five (5) theoretical development rights.

 

Tax Map 75, Parcel 46 has five (5) theoretical development rights

 

Tax Map 75, Parcel 47 has zero (0) theoretical development rights.

 

Tax Map 75, Parcel 64 has five (5) theoretical development rights

 

The basis for this determination follows. 

 

Tax Map 75, Parcel 2 and 2C

 

Our records indicate Tax Map 75, Parcel 2 contains 144.38 acres and no dwellings. The property is not an Agricultural and Forestal District. The most recent recorded instrument for this property is recorded in Deed Book 535, page 368.  

 

Our records indicate Tax Map 75, Parcel 2C contains 29.2 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 479, page 326.

 

This analysis begins with the deed of record in Deed Book 111, page 425. The deed contains a plat by John T. E. Simms, S.A.C., dated June 18, 1898, showing 291 acres comprised of T.M. 75 - 2, 2B, 10, 10A and T.M. 74 - 28B1 & 31B. The plat does not include T.M. 75-2C. The property is described as being conveyed from William Dudley and John W. Dudley to Thomas Glover.

 

Deed Book 133, page 158, dated June 5, 1906, conveyed 291 acres from W. O. Watson, James E. Irvine & May S. Irvine to the County of Albemarle. The parcel is described as being the same land conveyed to the Grantors by the deed of record in Deed Book 131, page 284. It is further described as being that shown on the plat of record in Deed Book 111, page 425.

 

Deed Book 134, page 230, dated November 8, 1906, conveyed 19 acres from Fannie M. Dudley and S. J. Dudley to the County of Albemarle. The property is described as being a portion of a 31 acre tract conveyed to the Grantor by Deed Book 121, page 170. The parcel is shown on a plat attached to the deed. This parcel was not part of the original 291 acre parcel described above.

(291 + 19 = 310)

 

Deed Book 220, page 450, dated October 2, 1933, conveyed 269 acres from the Board of Supervisors of Albemarle County to J. B. Kegley. The property is described as comprising the County Home property now supposed to be 269 acres, more or less, by the boundary and not by the acre. The property is described as the acreage remaining from that conveyed by Deed Book 133, page 158 and deed Book 134, page 230 after the conveyances of record in Deed Book 219, page 20 and Deed Book 210, page 207 and Deed Book 217, page 596.

 

Deed Book 210, page 207, dated November 21, 1928, conveyed 10 acres from the Board of Supervisors of Albemarle County to W. L. Goodwin. The property is shown on a plat attached to the deed. The parcel is designated as Parcel 10A on Tax Map 75. As a result of this transaction the parcel is calculated to contain 281 acres.

 

Deed Book 217, page 596 contains an access easement to serve the Poor House Farm.

 

Deed Book 219, page 20, dated March 1, 1933, conveyed 30.3 acres from the Board of Supervisors of Albemarle County to W. L. Goodwin. The property is shown on a plat attached to the deed. The parcel is designated as Parcel 10 on Tax Map 75. As a result of this transaction the parcel is calculated to contain 250.7 acres.

 (310 – 10 – 30.3 = 269.7)

 

Deed Book 241, page 564, dated December 6, 1938, conveyed two lots from John L. Gibson and Mary L. Gibson to J. B. Kegley. The lots are described as containing 21.6 acres and 7.6 acres respectively. The lots are further described by reference to Deed Book 232, page 38. The location of the two parcels is shown on a sketch found in the records of the Real Estate Department. Based on this deed, Tax Map 75 , Parcel 2C  is determined to be comprised of 2 separate parcels of record. The 21.6-acre parcel has five (5) development rights. The 7.6-acre parcel has three (3) development rights.

 

Deed Book 382, page 315, dated August 31, 1962, conveyed 286 acres from J. B. Kegley and Elizabeth H. Kegley to Charles Wm. Hurt. The property is described as being the same land conveyed by the deed of record in Deed Book 220, page 450 (Parcel 2) and Deed Book 241, page 564 (Parcel 2C), less 6.42 acres condemned by VDOT in Deed Book 328, page 324 and less 6 acres on the southeast side of Route 29 reserved in this deed. This transaction had no effect on the status of the lots as parcels of record.

(269 + 21.6 + 7.6 - 6.43 – 6 = 285.77)

 

Deed Book 392, page 233, dated October 9, 1963, contains a taking of 11.03 acres from Charles William Hurt and Letitia H. Hurt for the purpose of improvements on both sides of Route 29. As a result of this transaction the parcel is calculated to contain 274.74 acres. This transaction had no effect on the status of Parcel 2 or 2C as parcels of record. (285.77 – 11.03 = 274.74)

 

Deed Book 398, page 451, dated April 7, 1964, conveyed 18 acres from Charles W. Hurt & Letitia H. Hurt to Thomas C. Joseph & Frances R. Joseph and Jack N. Kegley & Mary K. Brugh, Executors and Trustees under the will of James B. Kegley. The property is shown on a plat by B. Aubrey Huffman, dated March 17, 1964. It is further described as being a small portion of the property conveyed by the deed in Deed Book 382, page 315. The 18-acre tract is designated as Parcel 2B on Tax Map 75. This transaction had no effect on the status of Parcel 2 or 2C as parcels of record. (274.74 – 18 = 256.74)

 

Deed Book 479, page 326, dated November 3, 1970, conveyed 268 acres from Charles William Hurt and Letitia H. Hurt to Hedgerow Corporation. The property is described as being the 286 acres conveyed by the deed of record in Deed Book 382, page 315, LESS 18 acres conveyed by the deed of record in Deed Book 398, page 451. This conveyance does not account for 11.03 acres taken for Route 29. See Deed Book 392, page 233. This transaction had no effect on the status of Parcel 2 or 2C as parcels of record. (285.77 – 18 = 267.77)

 

Deed Book 535, page 368, dated June 15, 1973, conveyed 4 parcels from Hedgerow Corporation to the Commonwealth of Virginia. The parcels are described as follows:

 

Parcel 008: 1.033 acres adjacent to the South bound lane of Route 29. The property is shown on Sheets 8 & 9 of the plans for State Highway Project 6029-002-111. This is a part of the property conveyed by the deed of record in Deed Book 506, page 10.

 

Parcel 013: 0.009 acres adjacent to the north side of Route 745. The property is shown on Sheet 9 of the same project. This is a part of the property conveyed by the deed of record in Deed Book 479, page 326.

 

Parcel 017: 0.009 acres adjacent to the south bound lane of Route 29. The property is shown on Sheet 12 of the same project. This is a part of the property conveyed by the deed of record in Deed Book 506, page 10.

 

Parcel 014: 0.560 acres adjacent to the south bound lane of Route 29. The property is shown on Sheet 12 of the same project. This is a part of the property conveyed by the deed of record in Deed Book 526, page 39.

 

This transaction had no effect on the status of Parcel 2 as a parcel of record.

(256.74 – 1.033 – 0.009 – 0.009 – 0.560 = 255.129)

 

The most recent instrument for this parcel recorded prior to the adoption of the Zoning

Ordinance, December 10, 1980, is recorded in Deed Book 572, page 444, and is dated March 26, 1975. The deed conveyed 2 parcels from Hedgerow Corporation to James H. Heyward and Candace C. Heyward. The parcels are shown on a plat by K. M. Gloeckner of record in Deed Book 572, page 444.  Parcel B, containing 3.136 acres, is a portion of the 268-acre tract described above. The parcel is now designated as Parcel 28B1 on Tax Map 75. Based on this deed, Tax Map 75, Parcel 2, calculated to contain 222.793 acres, is determined to be a parcel of record with five (5) development rights. (255.129 – 3.136 = 251.993)   (251.993 – 21.6 – 7.6 = 222.793)

 

Deed Book 3291, page 660 contains a certificate of plat. The plat by Gloeckner Engineering and Surveying, Inc. dated June 19, 2006, shows the division of Tax Map 75, parcel 2 into Tracts “A” and “B” containing 144.38 acres and 80.08 acres respectively. The plat also shows boundary surveys of Tax Map 74, Parcels 28B1 and 30 containing 3.13 acres and 3.79 acres respectively. The property is described as being the same that was conveyed to Hedgerow Corporation by the deed of record in Deed Book 479, page 326. The plat notes that Tract A and Tract B each retain one (1) development right. However, it determined that the property comprising Tracts A and B has a total of five development rights. These two parcels are eligible for the additional three development rights.

 

Tax Map 75, Parcel 46

 

Our records indicate Tax Map 75, Parcel 46 contains 51.070 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 526, page 39.

 

The plat of record in Deed Book 110, page 326 shows Parcel No. 2, containing 53 acres. This is designated as Parcel 46 on Tax Map 75. This deed established the 53-acre tract as a parcel of record.

 

Deed Book 288, page 188, dated February 7, 1950 conveyed 53 acres from Lena Barksdale, Trustee to George M. Maverick. The property is described as Parcel 2 on the plat of record in Deed Book 110, page 326. This deed had no effect on the 53-acre parcel.

 

Deed Book 337, page 185, dated November 15, 1957 conveyed an undivided ½ interest in 3 parcels from George M. Maverick to Ruth N. Maverick. The parcels included the 53-acre parcel described by reference to Deed Book 288, page 188. This deed had no effect on the 53-acre parcel.

 

Deed Book 426, page 569, dated February 21, 1967 conveyed 6 parcels from George M. Maverick and Ruth N. Maverick to George M. Maverick and Ruth N. Maverick as tenants by the entirety. The parcels included a 51.07-acre parcel described by reference to a plat of record in Deed Book 326, page 323 and to Deed Book 288, page 188. This deed had no effect on the 53-acre parcel.

 

Deed Book 430, page 87, dated May 19, 1967, contains a certificate of a taking of 16.2 acres from the lands of George M. Maverick and Ruth N. Maverick for the construction of Interstate 64. This take reduced Parcel 46 to 51.07 acres.

 

Deed Book 526, page 39, dated March 28, 1973, conveyed 240.996 acres from George M. Maverick and Ruth N. Maverick to Hedgerow Corporation. The property is described on a plat by A. R. Sweet dated June 1956 showing the parcel containing 257.166 acres Less 16.2 acres conveyed to the Commonwealth in Deed Book 430, page 87. The remainder is a tract of 5 acres shown on a plat of record in Deed Book 136, page 309.

The plat shows 3 parcels: a 51.07-acre parcel that is designated as Parcel 46, the remainder after the conveyance to the commonwealth; a 121.428-acre parcel, designated as Parcel 45 that is not a subject of this determination; and an 84.668- acre parcel designated as Parcel 48, that is not a subject of this determination. Based on this deed, Tax Map 75, Parcel 46, containing 51.07 acres, is determined to be a parcel of record with five (5) development rights.

 

Tax Map 75, Parcel 11

 

Our records indicate Tax Map 75,  Parcel 11 contains 36.5 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 816, page 365.

 

This analysis begins with Deed Book 132, page 39 that is dated November 16, 1905. The deed conveyed 36.5 acres from Florence P. Maury and M. F. Maury to Eliza Sprouse & Burrell L. Sprouse, Lucy J. Maury, Executrix of Jessie L. Maury and John W. Fishburne. The deed contains a plat showing the 36.5-acre parcel as well as a 35.5-acre parcel by J. T. E. Simms, S.A.C. dated June 28, 1904. This deed established Parcel 11 as a parcel of record.

 

Deed Book 298, page 487, dated December 12, 1951 conveyed 36.5 acres from George Gilmer, Commissioner to Haynes L. Settle. The parcel is described by reference to Deed Book 132, page 40. This transaction had no effect on the status of this parcel.

 

Deed Book 306, page 258, dated July 18, 1953 conveyed 36.5 acres from Haynes L. Settle and Elizabeth W. Settle to H. N. Goodwin and Blanche W. Goodwin. The parcel is described being located on the waters of Moore’s Creek on the north side of Lynchburg Road (Route 29). It is further described by reference to Deed Book 298, page 487. On the basis of this deed, Tax Map 75, Parcel 11 is a parcel of record with five development rights.

 

Tax Map 75, Parcel 47

 

Our records indicate Tax Map 75, Parcel 47 contains 21.045 acres and no dwellings. The property is not an Agricultural and Forestal District. The most recent recorded instrument for this property is recorded in Deed Book 816, page 365.

 

Deed Book 157, page 452, dated November 3, 1914, conveyed 189 acres in 2 tracts- one 117 acres the other 72 acres from R. A. Goodwin and M. C. Goodwin to J. J. Goodwin. The property is shown on a plat attached to the deed. What is now designated as Parcel 47 is a 21.045-acre portion of this tract located south of Interstate  64. A portion of Parcel 64A, adjacent to Parcel 47 was also a part of the 189-acre tract.

 

Deed Book 259, page 449, dated July 21, 1943, conveyed the undivided 1/6 interest in 189 acres from the heirs of Lucy W. Goodwin to H. N. Goodwin and Blanche W. Goodwin. The property is described as consisting of 2 tracts that were conveyed by the deed of record in Deed Book 157, page 452. This transaction had no effect on the parcel.

 

Deed Book 430, page 87, dated May 19, 1967, contains a certificate of a taking of 16.2 acres from the lands of David Newell Goodwin for the construction of Interstate 64. This take physically separated Parcel 47 into 2 portions. The portion south of Route 64, now designated as Parcel 47 contains 21.045. The take did not serve to establish the 21.045-acre tract as a separate parcel of record. Therefore, it is determined that Parcel 47 contains zero development rights. It is assumed that the development rights associated with the original 189-acre parcel have been allocated to the parcels located to the north of Interstate 64. No development rights have been assigned to this parcel.

 

Tax Map 75, Parcel 64

 

Our records indicate Tax Map 75, Parcel 64 contains 121.690 acres and no dwellings. The property is not an Agricultural and Forestal District. The most recent recorded instrument for this property is recorded in Deed Book 816, page 365.

 

Deed Book 153, page 183, dated July 28, 1913, conveyed 134 acres from Florence P. Maury to Griffith Lewis. The property is shown on a plat by Hugh F. Simms, dated June 1913 that is attached to the deed.  The plat shows what is now parcel 64 and a portion of Parcel 64A and the right-of way of Interstate 64.

 

Deed Book 305, page 231, dated May 11, 1953 conveyed 134 acres from Freda MacMurray MacRae to H. N. Goodwin and Blanche W. Goodwin. The property is described by the plat of record in Deed Book 153, page 183.

 

Tax Map 75, Parcels 11, 47 and 64

 

Deed Book 359, page 61, dated May 28, 1960, conveyed a total of 359 acres, comprised of 3 parcels containing 189 acres (includes Parcel 47 and a portion of Parcel 64A), 134 acres (Parcel 64 plus a portion of Parcel 64A and right-of way for Interstate 64) and 36.5 acres (Parcel 11) respectively from H. N. Goodwin and Blanche W. Goodwin to David Newell Goodwin and James White Goodwin.

 

Deed Book 406, page 525, dated March, 10, 1965, conveyed the ½ undivided interest in 359 acres of James White Goodwin to David Newell Goodwin. Southern Title notes that James White Goodwin died intestate. This transaction had no effect on the parcels.

 

Deed Book 406, page 526, dated April 26, 1965, conveyed the ½ undivided interest in 359 acres of H. N. Goodwin and Blanche W. Goodwin to David Newell Goodwin. This is the same interest conveyed to the Grantors by the deed of Shelby K. Troxell dated March 10, 1965. This transaction had no effect on the parcels.

 

Deed Book 471, page 593, dated April 30, 1970, conveyed 25 acres from David N. Goodwin and Carol C. Goodwin to the Commonwealth of Virginia. The property is described as being located on the south side of Interstate 64, shown on a plat attached to the deed, and as being a portion of the premises inherited by David N. Goodwin from his father Henry Newell Goodwin. This property is designated as Parcel 64A on Tax Map 75. It is comprised of a portion of the 134-acre parcel described in Deed Book 359, page 61 and a portion of the 189-acre parcel described in Deed Book 157, page 452. As a result of this transaction the residue of Parcel 64 contained 121.69 acres. On the basis of this deed, Parcel 64 is a parcel of record with 5 development rights.

 

Deed Book 749, page 348, dated September 15, 1982, conveyed a15% interest in 179 acres from David N. Goodwin and Emily P. Goodwin to Hedgerow Corporation. The property is described as being Parcels 11, 64 and the portion of 47 lying south of Interstate 64. It is further described as being a portion of the property conveyed by Deed Book 359, page 61 and Deed Book 406, page 526, respectively lying south of Interstate 64, less and except the 25 acres conveyed to the Commonwealth by the deed of record in Deed Book 471, page 593. This transaction had no effect on the parcels.

 

 Deed Book 778, page 510, dated September 30, 1983, conveyed a 31% interest in 179 acres from David N. Goodwin and Emily P. Goodwin to Hedgerow Corporation. This is the same property described in Deed Book 778, page 510. This transaction had no effect on the parcels.

 

Deed Book 816, page 365, dated October 1, 1984, conveyed a 54% interest in 179 acres from David N. Goodwin to Hedgerow Corporation. The property is described as Parcels 11, 64 and the portion of Parcel 47 lying to the south of Interstate 64 on Tax Map 75 and by reference to Deed Book 359, page 61, Deed Book 406, page 526, Deed Book 471, page 593. This is the same property described in Deed Book 778, page 510. This transaction had no effect on 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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