HomeMy WebLinkAboutLOD202100016 Correspondence 2021-08-25LINC)LN
SURVEYING
August 18, 2021
632 Berkmar Circle
Charoftesville, VA 22901
434.974.1417 / Fox 434.974.1776
w .lincoinsuweying.com
Thomas B. Lincoln, LS / Christopher B. Kean, LS
County of Albemarle Department of Community Development
401 McIntire Road
Charlottesville, VA 22902
RE: Official Letter of Determination
Tax Map 109 Parcel 13
Albemarle County, Virginia
To Whom It May Concern:
We have completed our research on Albemarle Tax Map 123, parcel 13 in preparation of an official
determination of development rights. This parcel is currently taxed as 29.97 acres and is owned by
Cecelia E. Williams. The most current plat of record for this parcel is recorded is dated January 17,
1995, and is recorded in D.B. 1464 p.127. The acreage of the parcel on this plat is shown as 29.968
acres. Based on the parcel's history and the plats and descriptions of record, it is believed that the parcel
has 14 development rights.
This parcel was most recently conveyed to Cecelia E. Williams by the heirs of Virginia Williams, by deed
dated January 20, 1995, and recorded in D.B. 1464 p. 119. The parcel is described as: "All that certain
lot or parcel of land situated in Albemarle County, Virginia, 29.968 acres, described on a boundary
survey by B. Aubrey Huffman & Associates, Ltd., dated January 17, 1995, entitled "Boundary Survey
Showing Parcel 13 as Shown on Sheet 109 County Tax Maps" attached hereto and recorded herewith."
Additional deeds in the chain of title for this parcel include:
W.B. 81 p.147 —Will of Virginia Ann Williams
D.B. 684 p.664 — Quitclaim / Boundary Line Agreement Deed with Tax Map 108 Parcel 32: plat
on p.668
D.B. 452 p.402 — Parcels conveyed to Virginia Williams by Adelaide Hughes.
D.B.452 p.402 is dated December 11, 1968, and is the first deed dated prior to December 10, 1980.
(Note: D.B. 684 p.664 is dated November 1, 1979. However, this deed represents a boundary line
agreement.) In D.B. 452 p.402, the property is described as: "All that certain tract or parcel of land in
Albemarle County, Virginia, situated about one mile south of Covesville, containing 35 acres, more or
less, composed of four parcels as follows." Descriptions of each of the four parcels are then given with
the following acreages: 1.) 4 1/8 acres; 2.) 1 acre; 3.) 15.9 acres; and 4.) 15 acres. Further research into
parcel 1 (4 1/8 acres) reveals that it is comprised on 3 parcels consisting of 1/8 acre; 2 3/4 acres; and 1
1/4 acres. Thus, this Tax Map 109 Parcel 13 is actually comprised of 6 parcels with the acreages and
division rights as follows:
1. 1/8 acre —1 Development Right
2. 2 3/4 acres —1 Development Right
3. 1 1/4 acres — 1 Development Right
4. 1 acre — 1 Development Right
5. 15.9 acres — 5 Development Rights
6. 15 acres — 5 Development Rights
Innovation. Integrity. Vision.
Thus, the parcel has 14 division rights.
The six parcels conveyed in D.B. 452 p.402 by Adelaide Hughes are those parcels formerly
belonging to the estate of Isaiah Johnson. Adelaide Hughes was the only heir of Isaiah Johnson.
The 4 1/8 acre tract (Parcel 1) was conveyed to Isaiah Johnson by J.W. and E.J. Morris by D.B. 94
p.281. (The deed says p. 291, however this is a typo and should say 281.) This deed references
the three parcels that the 4 1/8 acres is comprised of. Metes and bounds descriptions of these 3
parcels can be found in the following deeds. 1 1/4 acre: D.B. 81 p.263; 2 3/4 acres: D.B. 86 p.263;
and 1/8 acre: D.B. 91 p.298.
The 1 acre tract (Parcel 2) listed in D.B. 452 p.402 was conveyed to Isaiah Johnson by Frank and
Annie Clark by D.B. 119 p.63. This deed contains a description of the 1 acre parcel.
The 15.9 acre tract (Parcel 3) listed in D.B. 452 p.402 was conveyed to Isaiah Johnson by S.A.
Birch, etal by D.B. 118 p.67 and corrected by D.B. 122 p.155. D.B. 118 p.67 includes a plat of the
15.9 acre tract, which is on p.69.
The 15 acre tract (Parcel 4) listed in D.B. 452 p.402 was conveyed to Isaiah Johnson by Robert N.
and Susie E. Pugh by D.B. 140 p.201. This deed contains a description of the parcel. A portion of
the property line is shown on plat recorded in D.B. 139 p.11, which is a plat of the parent parcel of
the 15 acre tract.
There was never a plat or deed recorded which specifically combined all these parcels. They were
likely combined for convenience when the Tax Maps were first created and have likely been shown
as one parcel since. The 1995 Huffman plat does not show these individual parcel lines. However,
specific attention should be given to the title of the plat. The title is: "Boundary Survey Showing
Parcel 13 as Shown on Sheet 109 County Tax Maps," Thus, they are only showing the exterior
boundary of Tax Map 109 Parcel 13. Since the six parcels had been historically shown as one tax
map parcel, they are thus shown on this plat as one parcel. The Huffman plat does not even give
one single deed or plat reference to signal ownership or how the boundaries were determined. The
plat shows none of the interior parcel lines and thus should not be considered a plat combining
parcels. The plat appears to be lacking in information and its accuracy has since been called into
question.
Therefore, since no deed or plat officially combined all of these parcels, they should still be
considered 6 individual parcels with a total of 14 development rights as stated above.
There are two additional deeds of consequence for this parcel. Two Deeds of Easement were recorded
in D.B. 1464 p.129 and p.133. These deeds granted Cecelia E. Williams a 25' right-of-way easement
over the existing road shown on the 1995 Huffman plat. However, these deeds would not affect the
development rights of the parcel.
Please let us know if you have any questions.
Sincerely,
A W
David Sexton, Survey Research Technician
Lincoln Surveying
Alb TM 109-13 Page 2 of 2