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HomeMy WebLinkAboutLOD201000014 Letter of Determination 2014-02-26COUNTY OF ALBEMARLE Department of Community Development 401 McIntire Road, North Wing Charlottesville, Virginia 22902-4596 Phone (434) 296-5832 May 27, 2011 Andrew J. Dondero, VP Stribling Holdings, LLC 321 E. Main Street Charlottesville, VA 22902 Fax (434) 972-4126 RE: OFFICIAL DETERMINATION OF PARCEL OF RECORD BOUNDARY -- Tax Map 76, Parcel 24 (Property of Stribling Holdings, LLC) Samuel Miller Magisterial District Dear Mr. Dondero: 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 76, Parcel 24 is a parcel of record with the northeastern boundary as shown on the preliminary subdivision plat, dated September 13, 2010, prepared by Scott R. Collins, P.E. The basis for this determination follows. Our records indicate that Tax Map 76, Parcel 24 contains 68.96 acres and one dwelling. The property is not within an Agricultural and Forestal District. The most recent recorded instrument for this property is recorded in Deed Book 3556, page 525, which deed conveyed the 68.96 acres from Gordon Granger to Stribling Holdings, LLC. This analysis begins with a plat recorded in Deed Book 104, page 298 that is dated December, 1895. This plat shows the northeastern boundary of what is now Tax Map 76, Parcel 24 in the area of the "Mill Pond" as it adjoins what was known as Old Lynchburg Road and the "Nob Hill Subdivision" property. This deed establishes that boundary as being substantially the same as shown on the proposed preliminary subdivision plat of Scott R. Collins, P.E., dated September 13, 2010 and establishes this -tract as a parcel of record. Deed Book 182, page 458, dated February 5, 1923, shows the "Nob Hill Subdivision" and an undefined eastern boundary lacking bearings and distances and no description along departing lines. A review of the March 28, 1937 photo and Tax Map parcel boundary map in the records of the Albemarle County Assessor shows what was then parcel 19 as having the same boundary as shown on the plat of 1895. This also coincides with northeastern boundary Mr. Andrew J. Dondero May 27, 2011 Page 2 shown on the Collins plat of September 13, 2010 for what is now Tax Map 76, Parcel 24. A plat "Showing the Lands Owned by Maury F, Shields in Nob Hill Subdivision" prepared by W. S. Roudabush, C.L.S., dated January 27, 1993, showed the surveyed western boundary of the Nob Hill Subdivision being the same as the adjoining northeastern boundary of Tax Map 76, Parcel 24, known as the Granger Property. Although this plat was not recorded, that surveyor has explained that the large "gore" area between the Nob Hill Subdivision and the Granger Property (Tax Map 76, Parcel 24) is best explained by the lack of accuracy in the old plat of "Nob Hill" from 1923 as referenced above. It is therefore determined that the northeastern boundary of Tax Map 76, Parcel 24 is as shown on the preliminary subdivision plat, dated September 13, 2010, prepared by Scott Collins, PE. 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 $240. 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. Sinc rely, onald L. Higgins, AICP Chief of Zoning/Deputy Zoning Administrator Copy: Real Estate Supervisor Ella Jordan, Clerk of the Board of Supervisors Scott Collins, PE -Collins Engineering Maury F. Shields, owner of adjoining properties 2 �M�\ t31.':. � � �H@t6tti!nA3Sfi5:i �Ct ... __.. .._-..-..Kic. �n.,�. —.... .... ...._. _ � _- .. .