THE VIRGINIAN-PILOT
Copyright (c) 1995, Landmark Communications, Inc.
DATE: Sunday, September 10, 1995 TAG: 9509100040
SECTION: LOCAL PAGE: B1 EDITION: FINAL
SOURCE: BY TERRI WILLIAMS, STAFF WRITER
DATELINE: SUFFOLK LENGTH: Medium: 90 lines
A meandering ditch that separates Sleepy Hole Golf Course and Park and the Schooner Cove subdivision has sparked a dispute over property rights and hidden agendas.
The city of Portsmouth, which owns the 18-hole, 200-acre golf course in northern Suffolk, says its property line extends to the center of the ditch. Owners of about 18 houses at the rear of the subdivision say no, their property goes a few feet beyond the ditch.
Residents say they have been told that 7 feet to 11 feet could be taken from their backyards, but Portsmouth officials say they haven't decided specific footage.
Schooner Cove is an open subdivision. There are no fences, and its upscale houses sit on large, grassy lots that extend about 20 feet to the rear of the ditch. The proposed replatting would cut their backyards by about one-third.
The ditch is intermittently deep - about 3 feet - and fills with water when it rains.
So why does Portsmouth, which has owned the golf course and park land since 1965, want the land now?
Residents say it's so the partnership leasing the course can use the ditch to correct drainage problems at the course. Portsmouth city officials deny that that's the reason. The park and golf course were developed from the estate of Amadeo Obici, the Italian immigrant who founded Planter's Peanuts in Suffolk.
The property-line dispute began about three months ago, when Portsmouth's city surveyor, Earl M. Cheatham, surveyed the area. He said Schooner Boulevard, which runs in front of the 18 houses, was placed incorrectly in relation to the Portsmouth property.
Bob Spieldenner, a spokesman for the Virginia Department of Transportation, said he has not been informed by Portsmouth of any disparity, but Cheatham sent residents notices of the ``discrepancy'' and asked them to attend meetings.
Portsmouth officials, who say they are willing to re-plat the area at no cost to the citizens, wrote in an Aug. 11 letter that residents should discuss the discrepancy with their title companies and respond by Sept. 15.
Most residents say they won't give up property without a fight.
Julia and Donald Adler, who moved with their two children to Schooner Cove 15 months ago from Orange, Texas, said there could be other expenses.
``We would have to re-deed and pay for it,'' said Julia Adler. ``We would have to re-survey and pay for it. We might have to re-mortgage.''
Their surveyor, Ernest C. Hawkins of Suffolk, said he stands by his May 1994 survey reporting no encroachments to Portsmouth.
And Frank B. Nelms insists that the ditch was part of the subdivision, which he developed in the early 1970s and later sold to individual lot owners. Deeds for March 1959 and May 1966 describe the ditch as the boundary.
Jeff Harper, who said his surveyor never found problems with his property lines, vowed, ``These are my stakes, and they're going to stay here.''
A draft agreement, sent to residents from Portsmouth, calls for residents to ``execute such documents, plats and other necessary papers as may be required . . . to define the center line of the ditch separating the properties'' as their boundary.
Cheatham and W. Eugene White, Portsmouth assistant city attorney, said they are trying to do the residents a favor.
``Our idea was these folks needed to be aware of this,'' said White. ``I knew if they went to sell their property, they'd run into a flaming mess.''
The residents and their Suffolk Councilwoman, Marian B. Rogers, said Portsmouth has other reasons for paying for the $14,000 replatting fee.
Rogers said the golf lease holder - J.S. Baar - is tired of residents walking their pets along the fairway and playing free rounds of golf and wants ultimately to build a fence separating them from the course.
In February, Portsmouth City Council approved a 20-year lease to J.S. Baar - a partnership of Jim Armentrout, a golf pro, and Ronnie Rountree, who owns Suffolk's Rountree Construction. They agreed to spend $1.5 million on improvements while paying $100,000 anually in rent, plus giving a percentage of profits to Portsmouth.
Armentrout could not be reached for comment, but Rountree said he has no plans for a fence.
He acknowledged that the course needs a drainage system, but insisted that he and Portsmouth officials were more concerned about resolving the property issue.
``We may need it (ditch) later for drainage,'' he said. ``The lines don't match up. It just needs to be resolved.'' City officials said they will press for an ``amicable'' resolution.
Rogers said Portsmouth should get another survey of the property: ``They're saying the 18 surveyors are all lying. I don't think so.'' ILLUSTRATION: Map
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