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HomeMy WebLinkAboutLOD201300013 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 Fax (434) 972-4126 August 9, 2013 Ronald S Woodson & Kathy Y Woodson Trustees KATHY Y WOODSON DECLARATION OF TRUST 2939 Mill Grove LN North Garden VA 22959 RE: LOD2013-00013 - OFFICIAL DETERMINATION OF PARCEL OF RECORD & DEVELOPMENT RIGHTS - Tax Map 99, Parcel 52 (Property of KATHY Y WOODSON DECLARATION OF TRUST; RONALD S WOODSON & KATHY Y WOODSON TRS) Samuel Miller Magisterial District Dear Mr. & Mrs. Woodson: 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 99, Parcel 52 is comprised of one (1) parcel of record with two (2) theoretical development rights. The basis for this determination follows. The Albemarle County Real Estate Assessment records indicate Tax Map 99 Parcel 52 contains 90.702 acres and zero (0) dwellings. The property is zoned RA, Rural Areas and is in the Hardware Agricultural/Forestal District. The most recent deed for this property, recorded prior to December 10, 1980, the date of adoption of the Zoning Ordinance, is recorded in Deed Book 679, page 755 and is dated February 15, 1979. PRIOR TO DECEMBER 10, 1980 Deed Date Parcel Change Description Acres Book / Pae Y or N 373/265 07/25/1961 Y All that certain tract or parcel of land containing 198.09 .204 - 6 = acres, more or less being a portion of the property after 6 198 acres was devised to John L. Woodson after Daniel P. Woodson's will was probated 02/18/1943 592/404 04/07/1976 N All those certain tracts or parcels of real property more 192.60 particularly described as Parcel 51, Tax Map 99, containing 14.28 acres, more or less, and Parcel 52, Tax Map 99, containing 192.60 acres, more or less. Parcel 52 is a portion of the property conveyed in DB 373 P 265 679/755 02/15/1979 N All those certain tracts or parcels of real property more 192.60 particularly described as Parcel 51, Tax Map 99, containing 14.28 acres, more or less, and Parcel 52, Tax Map 99, containing 192.60 acres, more or less. August 9, 2013 LO D-2013-00013 Page 2 of 3 AFTFR DECEMBER 10. 1980 Deed Date Parcel Change Description Acres Development Book / Pae Y or N Rights 875/122 04/21/1986 N All those certain tracts or parcels of real property more particularly described as Parcel 51, Tax Map 192.60 5 99, containing 14.28 acres, more or less, and Parcel 52, Tax Map 99, containing 192.60 acres, more or less. 1309/260 05/07/1993 Y All that certain parcel of real property more particularly described as Parcel A, containing 64.436 acres being transferred and added to and 142.444 5 becoming a part of TMP 99-29. The plat recorded with this deed book and page refers to TMP 99-52 as a 206.88 acre parcel. The plat incorrectly notes the combination of the 14.28 acres of what was designated as Parcel 51, Tax Map 99, and Parcel 52, Tax Map 99, containing 192.60 acres. The parcel should have been calculated as follows: The 64.436 acres (Parcel A) was made up of the majority of if not all of the 14.28 acres known as TMP 99-51 and approximately 50.156 acres of TMP 99-52 (14.28 + 50.156 = 64.436ac with zero (0) Development rights assigned to Parcel A). This would have left approximately 142.444 acres remaining with TMP 99-52. 3050/483 08/08/2005 N All those certain tracts or parcels of real property totaling 142.44 acres, more or less, consisting of 142.444 5 Parcel 51, Tax Map 99, containing 14.28 acres, more or less, and Parcel 52, Tax Map 99, containing 192.60 acres, more or less, LESS AND EXCEPT, 64.436 acres conveyed in DB1309 P260. 3121 /528 11/02/2005 Y All that certain tract or parcel of real property totaling 2.08 acres, more or less, shown as Lot 1 140.36 4 on the attached plat. (Per the plat, 142.444 - 2.08 = 140.364 with one 1 Development right assigned to Lot 1). 3795/114 09/04/2009 Y All that certain tract or parcel of real property totaling 47 acres, more or less, shown as Parcel X 93.364 2 on the attached plat being transferred and added to and becoming a part of TMP 99-10. (Per the plat, 140.364 - 47 = 93.364 with two 2 Development rights assigned to Parcel X). 3845/569 11/16/2009 Y All that certain tract or parcel of real property totaling 2.622 acres, more or less, shown as.Parcel 90.702 2 Y on the attached plat being transferred and added to and becoming a part of TMP 99-10. (Per the plat, 93.364 - 2.622 = 90.702 with zero 0 Development rights assigned to Parcel Y). August 9, 2013 LO D-2013-00013 Page 3 of 3 On the basis of these deeds Tax Map 99, Parcel 52 is determined to be one parcel of record, containing 90.702 acres+i The parcel is 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 $240. The date notice of this determination was given is the same as the date of this letter. If you have any questions, please contact me. Sincerel , Francis H. MacCall Principal Planner Copy: Real Estate Tech, Real Estate Ches Goodall, ACE Coordinator Ella Jordan, Clerk of the Board of Supervisors TM -P Acreage Division rights for 21 acre minimum parcels Development rights 99-52 90.702 4 2 Map is for Display Purposes Only • Aerial Imagery from the Commonwealth of Virginia and Other Sources June 18, 2013 TMP 99-52 qW 01 99-1A 87A -6A 87A-13 8 87 -fib .� ti� �A. z 87A 12��81` 25 l� Legend g 99-3 99 v 4 ii' z (Note: Some items on map may not appear in legend) 99-5} /J 692 LO 9954 ui rn naam>.> # - 99=9 /' r o a�REs \7 99-5D� 99-5C v 4 Op 99-7 99-8 '�99-5$ ��� S Es,A,oN HA 11—N—T ®Po��Es,AE North Garden Fire Station // rn 'a►Y C 99s aE REA,�Ra asM —AT' P %,Af pC��kR� 99-52A 99-5E �yeRq�CH L a cc ■ oma', rn dr 712 r 9912A i4 1 Lo in 99-53A n` 919 o - �3Q � r 99-59A 99 r99�v1 4 9g TM: 99 do `? 99-52 99-5� 1y 99.-29 99-10 sl 500 ft 99-50 y OE ALBF GIS -Web �2 4y�(R.C'-. Geographic Data Services www.albemarle.org (434) 296-5832 Map is for Display Purposes Only • Aerial Imagery from the Commonwealth of Virginia and Other Sources June 18, 2013