Maryland State Archives

[Jen: Please note that scans of all Kathy's exhibits are max files in the restricted directory of the notes section of this entry]

November 21, 2001

Edward C. Papenfuse, Ph.D. 206 Oakdale Road Baltimore, MD 21210-2520

Re: Virginia v. Maryland

Dear Dr. Papenfuse:

Enclosed for your review, as promised, is a draft of the additional portions of your affidavit that relate to tax, land and charter records. The tabs correspond to the paragraphs in which those particular documents are discussed. (Exhibit numbers will be filled in once the document is ready to finalize.) The documents are arranged by the order in which they appear in the affidavit. Neither Andy nor Randy have had an opportunity to review the affidavit, so there may be some revisions.

I hope you enjoyed your holiday. I will be in the office on Monday, so please feel free to call me with any comments or suggested revisions.

Very truly yours,

Kathy M. Kinsey Deputy Counsel

Additional Paragraphs for Archives Affidavit Tax Assessment Records

1. The documents attached as Exhibit __ are genuine and authentic copies of St. Mary's County tax assessment records for Election District 3, which were transferred from the St. Mary's County office of the State Department of Assessments and Taxation office to the Maryland State Archives in 1989, and are now maintained as MSA T 1753 by the Archives. Exhibit __ includes documents MD-ARCH-00202 through MD-ARCH-00221, which reflect entries on the St. Mary's County real property tax assessment roll for years 1963 through 1982 of a commercial building constructed on a pier extending into the Potomac River from the Virginia shoreline off Cole's Point, Virginia. During the period from 1963 through 1975, Loren Lee Landman appears on the assessment roll as the owner of the property. During the period from 1976 through 1982, Loren Leo Landman appears on the assessment roll as the owner of the property.

2. The documents attached as Exhibits __ through __ (documents MD-ARCH-00223 through MD-ARCH-00249) are genuine and authentic copies of Charles County, Maryland tax assessment records for the commercial structures built on the piers extending into the Potomac River from the Virginia shoreline. These documents were transferred from the Charles County State Department of Assessments and Taxation to the Archives in 1992, and are now maintained by the Archives as MSA T 220.

3. Exhibit __ (document MD-ARCH-00223) is a genuine and authentic copy of a Charles County assessment record for the "Little Reno", which is constructed on the pier extending into the Potomac River off Colonial Beach on the Virginia shoreline. The document reflects a tangible personal property assessment in 1951 of $3,515.00.

4. Exhibit__ (document MD-ARCH-00225) is a genuine and authentic copy of a Charles County property tax assessment record that reflects the entry of tangible personal property tax assessments for personal property owned by Bruce Shu[y]mansky in Colonial Beach, Virginia in years 1956, 1957 and 1958.

5. Exhibit __ (document MD-ARCH-00224) is a genuine and authentic copy of a Charles County tax assessment record that reflects the entry of a tangible personal property assessment of $1700 in 1953 for the "Monte Carlo."

6. Exhibit __ (documents MD-ARCH 00226 through MD-ARCH-00249) are genuine and authentic copies of tax records for real property located in Charles County, Maryland that reflect a real property tax assessment for the improvements constructed on the Starlight Pavilion pier extending into the Potomac River from Fairview Beach on the Virginia shoreline during the years 1952 through 1986. Document MD-ARCH-00229 reflects the assessments for 1959 and 1961. Document MD-ARCH-00230 reflects the 1962 assessment. Document MD-ARCH-00231 reflects the 1963 assessment. Documents MD-ARCH-00232 and 00233 reflect a transfer of ownership of the Fairview Beach Starlight Pavilion property from Gerald F. Sonnenberg to Paul and Edith Floyd and G.R. Jones in 1964. Document MD-ARCH-00234 reflects the 1966 and 1967 tax assessments for the property. Document MD-ARCH-00235 reflects the 1968 tax assessment. Document MD-ARCH 00236 reflects the 1969 tax assessment. The Archives does not have the 1970 volume of tax assessments for Election District 3, the district in which this property is located. Documents MD-ARCH-00237 through 00241 reflect tax assessments for the years 1971 through 1974, respectively. Documents MD-ARCH-00242 through 00249 reflect tax assessments for the years 1975 through 1986.

7. Exhibit __ (documents MD-ARCH-00251 through MD-ARCH-00255) are genuine and authentic copies of Washington County, Maryland tax assessment records at the Maryland State Archives reflecting assessments dating back to 1896 for a bridge operated by the Virginia and Maryland Bridge Company over the Potomac River between Shepherdstown, West Virginia and Ferry Hall Plantation in Washington County, Maryland. Document MD-ARCH-00251 is a copy of an entry in the 1896 Washington County tax assessment volume, MSA C 2107-1, reflecting as assessment of $8,000 against the Maryland and Virginia Bridge Company for the Shepherdstown Bridge. Document MD-ARCH 00255, MSA C 2107-1, is a copy of an entry in the 1910 volume of Washington County tax assessment rolls that reflects an assessment of $15,000 for the bridge. Documents MD-ARCH-00252 and MD-ARCH-00253 are copies of entries in the volume of Washington County tax assessments for the years 1917 through 1922, MSA C 2815-1, that reflect an assessment of $15,000 for the bridge. Document MD-ARCH-00254 is a copy of an entry from the 1922-1928 volume of Washington County tax assessment record, MSA C 2815-2, oll that reflects an assessment of $75,000 for the bridge.

8. The documents attached as Exhibits __ through ___ (MD-ARCH-00010 through MD-ARCH-00042) are genuine and authentic copies of deeds and other land records initially recorded in the Circuit Courts for St. Mary's and Charles Counties that are presently maintained either on hard copy or on microfilm by [the Maryland] State Archives.

9. Exhibit ___ (documents MD-ARCH-00010 through MD-ARCH-00014) are genuine and authentic copies of three deeds dated September 30, 1960, MSA CM 885-CBG 91, pp. 82-83, February 10, 1964, MSA CM 885-CBG 112, p. 119, and August 17, 1976, MSA CM 885, DBK 269, pp. 271-272, [Jen:  please note that your citation appears to be in error?  Should be 1976?] respectively, each of which was recorded in the Circuit Court for St. Mary's County. Each deed transfers title to the property known as "Loren's or Landman's restaurant, pier and Bar", which is described in the text of the deeds as being located in the waters of the Potomac River "near Cole's Point in the Third Election District of St. Mary's County, Md".

10. Exhibit __ (documents MD-ARCH-00017 through MD-ARCH-00019) is a genuine and authentic copy of a Petition For Authorization to Convey Real and Personal Property and to Settle Claims of the Estate of Loren Lee Landman, MSA T 2351, box 30, file 1840, 16, 190-191. The Petition seeks authorization of the Orphans' Court of St. Mary's County, Maryland to convey the wharf and restaurant known as "Cole's Point Tavern" from the Estate to Loren Leo Landman.

11. Exhibit __ (documents MD-ARCH-00015 and 00016) is a genuine and authentic copy of an Order of the Orphan's Court for St. Mary's County, Maryland dated August 14, 1975 authorizing conveyance of the property described above in paragraph _ and settlement of the claims of the Estate of Loren Lee Landman. MSA T 2351, box 30, file 1840, 16, 193-194.

12. Exhibit __ (MD-ARCH-0021) is a genuine and authentic copy of an agreement filed in the Orphan's Court for St. Mary's County, Maryland between the Personal Representative for the Estate of Loren Lee Landman and Loren Leo Landman for the purchase of the Cole's Point Tavern from the Estate, MSA T 2351, box 30, file 1840.

13. Exhibit __ (documents MD-ARCH-00023 and 00024) is a genuine and authentic copy of a deed dated March 11, 1985 and recorded in the Circuit Court for St. Mary's County, Maryland conveying the Cole's Point Tavern property from Loren Leo Landman to Anita Jane Cryer, MSA CM 885, MRB 215, pp. 133-134.

14. Exhibit __ (documents MD-ARCH-00025 through 00027) is a genuine and authentic copy of a quit claim deed dated November 22, 1993 recorded in the Circuit Court for Charles County between Reno of Colonial Beach, Inc. and Flanagans of Colonial Beach, Inc., MSA CM 393, DGB 1929, pp. 491-493. The deed conveys title to a parcel of land along the Potomac River in the town of Colonial Beach, Virginia, including that pier formerly known as "Little Reno Pier", along with all associated riparian rights, including those arising under the "compact of 1785 of the states of Maryland and Virginia, and any and all wharves, piers, pilings, structures built on piers. . . .in the waters of the Potomac River, lying in Charles County, Maryland."

15. Exhibit __ (documents MD-ARCH-00028 through 00033) are genuine and authentic copies of two deeds dated September 2, 1964, MSA CM 393, PCM 171, pp. 4-6,  and May 4, 1983, MSA CM 393, PCM 900, pp. 104-106, recorded in the Circuit Court for Charles County conveying title to a parcel of land in Fairview Beach, Virginia, "including the pier extending into the Potomac River, and any and all other appurtenances assessed in Charles County, Maryland. . . ."

16. Exhibit __ (documents MD-ARCH-00034 through 00042) are genuine and authentic copies of three deeds dated May 12, 1993 and September 27, 1993 recorded in the Circuit Court for Charles County, Maryland, MSA CM 393, DGB 1797, pp. 98-100, and DGB 1848, pp. 1-2; 3-6, each of which convey title to "[Improvements on Water—Fairview Beach—Starlight Pavilion located in the Third Election District of Charles County, Maryland..."

17. Exhibit __ (document MD-ARCH-00043) is a genuine and authentic printout of the Maryland SDAT Real Property System database account as of August 29, 2001 for the "restaurant and bar" located in the Potomac River off Cole's Point, Virginia. Anita Jane Cryer appears as the present owner. The printout reflects SDAT's current assessed value $85,300 for the improvements. [http://mdag.net/megafile/msa/speccol/sc5300/sc5330/000005/000000/000005/unrestricted/cryer.tif]

18. Exhibit __ (document MD-ARCH-00044) is a genuine and authentic printout of the Maryland SDAT Real Property System database account as of September 4, 2001 for the "Fairview Beach Starlight Pavilion" located on the Potomac River. Fairview Beach, Inc. appears as the present owner. The printout reflects SDAT's current assessed value of $97,200 for the improvements. [http://mdag.net/megafile/msa/speccol/sc5300/sc5330/000005/000000/000005/unrestricted/starlightassess.tif]

19. Exhibit __ (documents MD-ARCH-00045 through MD-ARCH-00047) is a genuine and authentic copy of the Articles of Incorporation formed under the laws of Maryland for Belvedere Beach Pier, Inc, MSA T2725-3, PCM 3, pp. 250-252. The Articles of Incorporation were executed on August 10, 1953 and filed with the State Tax Commission of Maryland. The stated purpose for which the corporation was formed was to operate a tavern, bakery and restaurant. [Kathy, please note.  Because the boundary with Virginia below Washington D.C. was a fast line (see the two Mathews and Nelson reports, 1928 and 1930 respectively), commonly agreed upon by the two states in 1877 and again in the 1920s by laws enacted by each, it might be argued that any fast land deliberately filled in under any pier in Maryland waters does not accrete to Virginia but remains Maryland land, hence the remains of the pier stay on the tax rolls until at least 1976.]

20. Exhibit __ (documents MD-ARCH-00048 through MD-ARCH-00051) is a genuine and authentic copy of a Certificate of Incorporation formed under the laws of Maryland for Freestone Yacht Club, Inc, MSA T 3233-2, PCM 4, pp. 287-290. The Certificate of Incorporation was executed on January 31, 1957 and filed with the State Tax Commission of Maryland. The stated purposes for which the corporation was formed included the ownership and operation of a restaurant and tavern business.

21. Exhibit __ (documents MD-ARCH-00052 through MD-ARCH-00055) is a genuine and authentic copy of the Certificate of Incorporation formed under the laws of Maryland for Freestone Amusement Company, Inc., MSA T 3233-2, PCM 4, pp. 291-294 The Certificate of Incorporation was executed on January 31, 1957 and filed with the State Tax Commission of Maryland. The stated purposes for which the corporation was formed included the ownership and operation of amusement parks, piers, "vessells", buildings and restaurants.

22. Exhibit ___ (documents MD-ARCH-00056 through MD-ARCH-00059) is a genuine and authentic copy of the Certificate of Incorporation formed under the laws of Maryland for Aqua-Land, Inc., MSA T 2725-4, PCM 5, pp. 416-419. The Certificate was executed on August 5, 1959 and recorded with the Maryland State Department of Assessments and Taxation. The stated purposes for which the corporation was formed include the ownership and operation of amusement parks, piers, buildings and restaurants.

23. Exhibit __ (documents MD-ARCH-00060 through MD-ARCH-00069) are genuine and authentic copies of Articles of Incorporation executed on October 5, 1951, Stock Issuance Statement dated October 19, 1951 and Articles of Revival dated June 22, 1962 for Little Reno, Inc., MSA T 2725-3, PCM 3, pp. 1-7 & MSA T 2725-6, PCM 7, pp. 125-127. The corporation was formed for the purpose of owning and operating amusement parks, piers and restaurants. The Articles of Incorporation and the Stock Issuance Statement were recorded with the Maryland State Tax Commission. The Articles of Revival were recorded with the Maryland State Department of Assessments and Taxation. [Jen: note the date error?  in your citation for PCM 7]

24. Exhibit __ (documents MD-ARCH-00070 through MD-ARCH-00072) is a genuine and authentic copy of the Articles of Incorporation formed under the laws of Maryland for Starlight Pavilion, Inc. The Articles of Incorporation were executed on May 15, 1959 and recorded with the State Tax Commission, MSA T 2725-4, PCM 5, pp. 382-384. The stated purpose for which the corporation was formed included the ownership and operation of a tavern and restaurant.