May 16, 2007

 

Dr. Martin Albert

3381 Walnut Hill Farm

Charlottesville, VA 22911

 

Dear Mr. Albert

 

RE: OFFICIAL DETERMINATION OF PARCELS AND DEVELOPMENT RIGHTS -- Tax Map 33, Parcel 25A, Rivanna Magisterial District (Property of Martin Albert) Section 10.3.1

 

Dear Dr. Albert:

 

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 33, Parcel 25A has an estimated sixteen (16) theoretical development rights.

 

Five development rights are associated with the 25.023-acre parcel described by reference to Deed Book 566, page 271.

 

Five development rights are associated with the 11.69-acre parcel described by reference to Deed Book 531, page 105.

 

Four development rights are associated with the residue of the +/- 30-acre parcel identified as Lot No. 2 on the plat of record indeed Book 122, page 471. This is a single legal parcel that is physically divided by the 11.69-acre parcel described above.

 

An estimated two development rights are associated with the residue of the 7.5-acre parcel conveyed by Deed Book 163, page 432.

 

The locations of these parcels are sketched on the composite plat recorded in Deed Book 570, page 344 that is attached. The basis for this determination follows. 

 

Our records indicate Tax Map 33, Parcel 25A contains 62.283 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 3344, page 191.

 

This analysis begins with the deed of record in Deed Book 525, page 602 that is dated March 21, 1973. The deed conveyed 46.47 acres from Joseph M. Wood, II, Administrator d.b.n.c.t.a. of the Estate of Thomas Ellis Brown to Walter L. Lumpp and Mable D. Lumpp. The property is shown on a plat by Thomas D. Blue, dated March 19 1973. The property is further described as Lots 43 and 44 on Tax Map 47. The Thomas Blue plat references the plats of record in Deed Book 122, page 471, Deed Book 163, page 432 and Deed Book 166, page 395.

 

Deed Book 122, page 471 contains a plat of the property of the estate of Robert H.  Brown by J.T.E. Simms dated January 1902. The survey includes Lot No. 2, containing 30 acres, 1 rod and 38 poles. The tract is identified as Tax Map 47, Parcel 44 on the March 19, 1973 plat by Thomas Blue. On the basis of this plat Lot No. 2 is determined to be a parcel of record.

 

This survey also shows Lot No. 3, containing 34 acres, 3 roods and 26 poles. This original tract was identified as Tax Map 33, Parcel A prior to the off-conveyance of Tax Map 33, Parcels 25B, 25C and 29 and Tax Map 34, Parcel 29B.  On the basis of this plat the Lot No. 3 is determined to be a parcel of record. The 25.023-acre parcel is a portion of Lot 3.

 

Deed Book 163, page 432, dated October 10, 1916, conveyed 7.5 acres from Thomas E. Brown and Annie Brown to Louis T. Hankle, Trustee and Robert B. Watts, Trustee. The parcel is shown on a plat attached to the deed. The tract is the southern portion of Tax Map 47, Parcel 43 on the March 19, 1973 plat by Thomas Blue. On the basis of this plat the 7.5-acre lot is determined to be a parcel of record.

 

Deed Book 166, page 395, dated December 20, 1917, conveyed 9 acres from Thomas E. Brown and Annie Brown to Louis T. Hankle, Trustee and Robert B. Watts, Trustee. The parcel is shown on a plat attached to the deed. The tract is the northern portion of Tax Map 47, Parcel 43 on the March 19, 1973 plat by Thomas Blue. On the basis of this plat the 9-acre lot is determined to be a parcel of record.

 

The most recent instrument for this parcel recorded prior to the adoption of the Zoning Ordinance, December 10, 1980, is recorded in Deed Book 570, page 344 is a Deed of Trust for property owned by Walter L. Lumpp and Mable D. Lumpp that is shown on a composite plat by Thomas Blue, revised March 1, 1975 that is attached to the deed. The plat shows the residue of the 46.47-acre parcel after the off-conveyance of Parcels T.M. 33 - 23C & 23D and T.M. 47 - 43A, 43B1, 43C & 43D. On the basis of this deed the residue of the 46.47-acre parcel is determined to be a parcel of record with five (5) development rights. The plat references prior plats recorded in Deed Book 525, page 606, Deed Book 528, page 182, Deed Book 531, page 105 and Deed Book 566, page 274. These plats are described as follows:

 

Deed Book 525, page 602 is described above.

 

Deed Book 528, page 182, dated May 3, 1973, conveyed 9 acres from Walter L. Lumpp and Mable D. Lumpp to Billy V. Clem and Kathleen S. Clem. The land is a portion of a 17 acre parcel conveyed to the Grantors by the deed in Deed Book 526, page 140. The residue of this 17-acre parcel, containing 8 acres is shown on a plat by Thomas D. Blue, dated April 23, 1973. On the basis of this deed the 8-acre parcel is established as a parcel of record.

 

Deed Book 531, page 102 contains a Deed of Trust, dated June 19, 1973 for an 11.69-acre portion of property owned by Walter L. Lumpp and Mable D. Lumpp that is shown on a plat by Thomas Blue attached to the deed. The parcel is comprised of the 8-acre parcel described above and an additional 3.69 acres that appears to have been added to the parcel to provide direct access to Route 600. On the basis of this deed, the 11.69-acre parcel is a parcel of record with five (5) development rights. The residue of the 46.47-acre parcel, the 11.69-acre parcel together comprised Tax Map 47, Parcel 43 and 44. It is further determined that while the 3.36-acre tract physically divided the residue of the 46.47-acre parcel described in Deed Book 525, page 602 it did not legally separate the parcel into two separate parcels.

 

Deed Book 566, page 271 contains a Deed of Trust, dated December 23, 1974 for an 25.023-acre portion of property owned by Walter L. Lumpp and Mable D. Lumpp that is shown on a plat by Thomas Blue attached to the deed. This parcel was designated as Parcel 25A on the 2001 Tax Map 33. This is the residue of Lot No. 3 on the 1902 J.T.E. Simms plat. On the basis of this deed the 25.023-acre parcel is established as a parcel of record with five (5) development rights.

 

Deed Book 1038, page 593, dated March 3, 1989, conveyed 64.31 acres from Walter L. Lumpp and Mable D. Lumpp to William Persen. The property is described by reference to a plat by Thomas D. Blue, dated February 26, 1975 and revised on March 1, 1975 of record in Deed Book 570, page 348. This transaction had no effect on the development rights of the parcels.

 

Deed Book 1666, page 105, dated December 22, 1997, conveyed 25.023 acres from William Persen to The Nature Conservancy. The property is described by reference to the boundary survey recorded in Deed Book 570, page 348 and is a portion of the property conveyed by the deed of record in Deed Book 1038, page 593. The deed contains a boundary survey by Roger W. Ray & Assoc., Inc., dated December 10, 1997, showing Tax Map 33, Parcel 25A containing 25.023 acres and Tax Map 47, Parcel 43 containing 39.26 acres. The plat contains a new 30-foot access easement through Parcel 43 that serves parcel 25A. This transaction had no effect on the five development rights of the parcel.

 

Deed Book 2233, page 669, dated May 11, 2002, conveyed 2 acres from Patricia Page and Cordelia Persen, Co-Executors of the Estate of William Persen to The Nature Conservancy. The parcel is described as being a portion of the property conveyed by the deed of record in Deed Book 1038, page 593. The 2-acre parcel is a portion of the 39.26-acre parcel shown on the plat by Roger W. Ray & Assoc., Inc. dated May 2, 2002 and revised on May 30, 2002. The residue of the Parcel 43, designated as Parcel X, containing 37.26 acres is combined with Parcel 25A. As a result Tax Map 33, Parcel 25A contained 62.283 acres. The plat notes that Parcel X retains 4 development rights and that when used not more than 29 acres shall be in lots of less than 21 acres and shall be within the 1980 boundaries of T.M. 47-43. The deed notes that T.M. 33-25A has 5 development rights and when used they shall be within the 1980 boundaries of T.M. 33-25A. The 2-acre lot is a portion of the original Lot No. 2 shown on the plat of record in Deed Book 122, page 471. As a result of this transaction, Tax Map 33, Parcel 25A contained 62.283 acres and 16 development rights to be utilized as described above. T.M. 47-43 is comprised of the 11.69-acre parcel, the residue of Lot No. 2 and the residue of the 7.5-acre parcel, all as described above.

 

Deed Book 2233, page 678 contains a private road maintenance agreement for the access easement shown on the plat by Roger W. Ray & Assoc., Inc. of record in Deed Book 2233, page 669. This instrument has no effect on the development rights of the parcel.

 

Deed Book 2233, page 683, dated July 15, 2002, conveyed 62.283 acres from The Nature Conservancy to Martin Albert. The property is described as being the same as was conveyed by the deed of record in Deed Book 1666, page 105. This transaction has no effect on the development rights of the parcel.

 

Deed Book 3344, page 191, dated December 18, 2006, contains a conservation easement made by Martin P. Albert, Peggy A. Wright and The Nature Conservancy. The easement covers 64.283 acres consisting of Tax Map 47, Parcel 43 which contains 2.00 acres and Tax Map 33, Parcel 25A, containing 62.283. It is further described as being the same property conveyed to Martin Albert by the deed of record in Deed Book 2233, page 683. This private instrument limits the potential utilization of the development rights of the parcel. However, from the standpoint of the zoning ordinance, it has no effect on the existence or regulation of the parcelís development rights. 

 

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

 

Copy: Gay Carver, Real Estate Supervisor

           Ella Carey, Clerk of the Board of Supervisors

 

View map

Return to consent agenda

Return to regular agenda