HomeMy WebLinkAboutLOD200600025 Letter of Determination 2014-03-17 (2)�'jRGI13TP
COUNTY OF ALBEMARLE
Department of Community Development
401 McIntire Road, Room 227
Charlottesville, Virginia 22902-4596
Phone (434) 296-5832 Fax (434) 972-4126
October 11, 2006
Brian S. Ray, LS
1717-1 B Allied Street
Charlottesville, VA 22903
REVISED TO CORRECT SPELLING OF LAST NAME
RE: OFFICIAL DETERMINATION OF PARCELS AND DEVELOPMENT RIGHTS --
Tax Map 58, Parcel 64K (Property of Richard T. Selden and Sue E. Selden) Section
10.3.1
Dear Mr. Ray:
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 58, Parcel 64K is comprised of two separate parcels. Each of these parcels
contains 5.05 acres and two (2) theoretical development rights. The basis for this
determination follows.
Our records indicate Tax Map 58, Parcel 64K contains 10.100 acres and 1 dwelling.
The property is not in an Agricultural and Forestal District. The most recent recorded
instrument for this property is recorded in Deed Book 2720, page 748.
The most recent instrument for this parcel recorded prior to the adoption of the Zoning
Ordinance, December 10, 1980, is recorded in Deed Book 601, page 509, and is dated
July 7, 1976. The deed. conveyed 10.01 acres from Carl McFarland and Patricia R.
McFarland to Richard T. Selden and Martha M. Selden. The property is described as a
portion of property conveyed to the Grantors by the deed of record in Deed Book 353,
page 475. The property is shown on a plat by William S. Roudabush, C.L.S., dated
October 30, 1975. The plat shows two parcels, each containing 5.05 acres. The
subdivision ordinance in effect at this time, amended in 1974, exempted divisions that
resulted in no new parcels containing more than 5 acres and that created no new
access easements or streets from County review. Based on this deed Tax Map 58,
Parcel 64K is determined to be comprised of two separate parcels of record. Each
of these parcels contains two (2) development rights.
H. Childress, Special Commissioner on behalf of Martha H. Selden to Richard T.
Selden. The property is described as being the same as was conveyed by Deed Book
601, page 509. This transaction had no effect on the status of the parcels.
I:\DEPMCMDetermin of Parcel\2006\58-64K Selden LOD-2006-25.doc
Brian S. Ray, LS
bctober 11, 2006
Page 2
Deed Book 1084, page 279, dated January 18, 1990, conveyed 10.1 acres from
Richard T. Selden and Louise R. Selden to themselves as tenants in common. The
property is described by reference to Schedule A attached hereto. (Deed Book 1084,
page 280) This transaction had no effect on the status of the parcels.
Deed Book 1084, page 280, dated January 18, 1990, conveyed 10.1 acres from
Richard T. Selden and Louise R. Selden to Richard T. Selden and Louise R. Selden.
The property is described as being the same as was conveyed to Richard T. Selden by
the Deed of Edward H. Childress, Special Commissioner recorded immediately prior to
this deed. This transaction had no effect on the status of the parcels.
Deed Book 1538, page 369, dated January 15, 1997, conveyed her one half undivided
interest in 10.1 acres from Louise R. Selden to Richard T. Selden. The property is
described as being the same as was recorded in Deed Book 1084, page 280. This
transaction had no effect on the status of the parcels.
Deed Book 2720, page 748, dated March 17, 2004, conveyed 10.1 acres from Richard
T. Selden to Richard T. Selden and Sue E. Selden. The property is described as being
the same as was recorded in Deed Book 1084, page 280. This transaction had no
effect on the status of 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.
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
Copy: Gay Carver, Real Estate Supervisor
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