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HomeMy WebLinkAboutLOD201300014 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 Joan Parker Caldwell & Cheryl Lynn Caldwell Ferguson 654 Buck Mountain Rd Earlysville VA 22936 RE: LOD2013-00014 - OFFICIAL DETERMINATION OF PARCEL OF RECORD & DEVELOPMENT RIGHTS - Tax Map 18, Parcel 39; Tax Map 19, Parcel 9; Tax Map 19, Parcel 11; Tax Map 19, Parcel 17A; (Property of JOAN PARKER CALDWELL & CHERYL LYNN CALDWELL FERGUSON) White Hall Magisterial District Dear Ms. Caldwell and Mrs. Ferguson: 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 18, Parcel 39 is comprised of one (1) parcel of record with five (5) theoretical development rights, Tax Map 19, Parcel 9 is comprised of one (1) parcel of record with five (5) theoretical development rights, Tax Map 19, Parcel 11 is comprised of one (1) parcel of record with one (1) theoretical development right and Tax Map 19, Parcel 17A is comprised of one (1) parcel of record with one (1) theoretical development right. The basis for this determination follows. The Albemarle County Real Estate Assessment records indicate Tax Map 18 Parcel 39 contains 65.93 acres and zero (0) dwellings, Tax Map 19 Parcel 9 contains 117.656 acres and two (2) dwellings, Tax Map 19 Parcel 11 contains 3.01 acres and one (1) dwelling, Tax Map 19 Parcel 17A contains 2.16 acres and one (1) dwelling (Deeds only indicate 1.0 acre). These properties are zoned RA, Rural Areas. The most recent deed for Tax Map 18 Parcel 39, recorded prior to December 10, 1980, the date of adoption of.the Zoning Ordinance, is recorded in Deed Book 684, page 776 and is dated November 23, 1979. PRIOR TO DECEMBER 10, 1980 TMP 18-39 Deed Date Parcel Change Description Acres Book / Pae Y or N 435/234 04/28/1967 Y Created a certain tract or parcel of land containing 65.93 65.93 acres, more or less 678/167 07/16/1979 N Tract No. 1: All that certain tract or parcel of land 65.93 containing 117.656 acres, more or less Tract No. 2: All that certain tract or parcel of land containing 65.93 acres, more or less. 684/776 11/23/1979 N All that certain tract or parcel of land containing 65.93 173.586 acres, more or less, but conveyed in gross and not by the acre being the same property conveyed in DB 678 P 167 The 65.93 acres is Tract No. 2 in DB 678 P 167. August 9, 2013 LOD-2013-00014 Page 2 of 4 AFTER DECEMBER 10, 1980 TMP 18-39 Deed Book / Pae Date Parcel Change Y or N Description Acres Development Rights 3613/648 05/22/2008 N Certificate of plat of a boundary line adjustment 65.93 5 Y All that tract or parcel of land bound and described, 228 of equal amounts of 0.019acres thus no change containing 100, more or less and being a portion of in overall acreage. the tract known as "Longwood" 3781 /696 06/01/2009 N Deed of exchange of the acreage from 65.93 5 DB 3613 P 648 251/491 The most recent deed for Tax Map 19 Parcel 9, recorded prior to December 10, 1980, the date of adoption of the Zoning Ordinance, is recorded in Deed Book 678, page 167 and is dated July 16, 1979. PRIOR TO DECEMBER 10, 1980 TMP 19-9 Deed Date Parcel Change Description Acres Book / Pae Y or N 168/406 06/20/1918 Y All that tract or parcel of land bound and described, 228 containing 100, more or less and being a portion of the tract known as "Longwood" 228 acres -.5 acres (DB 145 P 355) -.75 acres (DB 162 P 32) - 100 acres leaves 126.75acres 251/491 09/12/1941 N All that certain tract or parcel of land, being a portion 126.75 of the tract known as "Longwood" containing 126- 3/ acres, more or less and being all of that tract of 228 acres, more or less, save and except the following tracts: .5 acres in DB 145 P 355, .75 acres in DB 162 P 32, and 100 acres in DB 168 P 406 266/227 12/29/1945 N All that certain tract or parcel of land, being a portion 126.75 of the tract known as "Longwood" containing 126 - 34 acres, more or less 285/268 04/19/1949 N Recorded plat of 117.656 acres 117.656 311/525 08/02/1954 N All that certain tract or parcel of land, known as 117.656 "Longwood" containing 117.656 acres, more or less, more particularly described by plat of A. R. Sweet and Associates, dated April 19, 1949 recorded in DB 285 P 268 but described in previous deed of purchase (DB 266 P 227) as being 126-Y4 acres, more or less. 410/445 09/01/1965 N All that certain tract or parcel of land, known as 117.656 "Longwood" containing 117.656 acres, more or less 431/247 06/30/1967 N All that certain tract or parcel of land, known as 117.656 "Longwood" containing 117.656 acres, more or less 678/167 07/16/1979 N Tract No. 1: All that certain tract or parcel of land, 117.656 known as "Longwood" containing 117.656 acres, more or less Tract No. 2: All that certain tract or parcel of land containing 65.93 acres, more or less. 684/776 11/23/1979 N All that certain tract or parcel of land containing 117.656 173.586 acres, more or less, but conveyed in gross and not by the acre being the same property conveyed in DB 678 P 167, LESS and EXCEPT The 117.656 acres is Tract No. 1 in DB 678 P 167. August 9, 2013 LO D-2013-00014 Page 3 of 4 AFTER DECEMBER 10, 1980 TMP 19-9 Deed Book / PaeT Date Parcel Change Y or N Description Acres Development Rights There are no Deeds after 11/23/1979 117.656 5 The most recent deed for Tax Map 19 Parcel 11, recorded prior to December 10, 1980, the date of adoption of the Zoning Ordinance, is recorded in Deed Book 361, page 82 and is dated August 5, 1960. PRIOR TO DECEMBER 10, 1980 TMP 19-11 Deed Date Parcel Change Description Acres Book / Pae Book / Pae Y or N Y or N 1 84/229 09/18/1884 N All of that certain tract or parcel of land containing 3 3.01 That certain tract or parcel of land 3.01 1 1/100 acres, more or less 222/574 08/25/1933 N All of that certain tract or parcel of land containing 3 3.01 1/100 acres, more or less and particularly described in DB 84 P 229 233/585 11/24/1936 N A tract of 3 1/100 acres of land and being the same 3.01 property conveyed in DB 222 P 574 241/175 10/08/1938 N A tract of land described and being the same 3.01 property conveyed in DB 233 P 585 266/480 08/11/1945 N 3 1/100 acres of land and being the same property 3.01 conveyed in DB 241 P 175 267/368 03/26/1946 N 3 1/100 acres of land and being the same property 3.01 conveyed in DB 266 P 480 280/221 09/02/1948 N 3 1/100 acres and being the same land conveyed in 3.01 DB 267 P 368 355/329 01/06/1960 N That certain tract or parcel of land containing 3 1/100 3.01 acres 361 /82 08/05/1960 N That certain tract or parcel of land containing 3 1/100 3.01 acres, more or less AFTER DECEMBER 10, 1980 TMP 1.9-11 Deed Date Parcel Change Description Acres Development Book / Pae Y Y or N 1 Rights 777/765 09/19/1983 N That certain tract or parcel of land 3.01 1 Lot #1 as shown on a plat recorded in DB 219 P 100 413/128 containing 3.01 acres N That certain lot or parcel of land containing 1 acre, The most recent deed for Tax Map 19 Parcel 17A, recorded prior to December 10, 1980, the date of adoption of the Zoning Ordinance, is recorded in Deed Book 413, page 128 and is dated November 12, 1965. PRIOR TO DECEMBER 10, 1980 TMP 19-17A Deed Book / Pae Date Parcel Change Y or N Description Acres 346/481 02/16/1959 Y All that certain lot or parcel of land described and 1 containing one (1) acre, more or less being a part of Lot #1 as shown on a plat recorded in DB 219 P 100 413/128 11/12/1965 N That certain lot or parcel of land containing 1 acre, 1 more or less August 9, 2013 LOD-2013-00014 Page 4 of 4 AFTER DECEMBER 10, 1980 TMP 19-17A Deed Date Parcel Change Description Acres Development Book / Pae 5 Y or N 117.656 5 5 721/386 07/07/1981 —Rights N All that certain lot or parcel of land 1 1 0 1 containingone acre, more or less On the basis of these deeds Tax Map 18, Parcel 39 is determined to be one parcel of record, containing 65.93 acres+/ Tax Map 19, Parcel 9 is determined to be one parcel of record, containing 117.656 acres+ Tax Map 19, Parcel 11 is determined to be one parcel of record, containing 3.01 acres+/- and Tax Map 19, Parcel 17A is determined to be one parcel of record, containing 1 acre+/ 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 betaken 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 $240. The date notice of this determination was given is the same as the date of this letter. If you have any questions, please contact me. Sincer y, - Francis H. MacCall Principal Planner Copy: Real Estate Tech, Real Estate Ches Goodall, ACE Coordinator Ella Jordan, Clerk of the Board of Supervisors TM -P Acreage Division rights for 21 acre minimum parcels Development rights 18-39 65.93 2 5 19-9 117.656 5 5 19-11 3.01 0 1 19-17A 1 0 1 Map is for Display Purposes Only • Aerial Imagery from the Commonwealth of Virginia and Other Sources June 18, 2013 TMP 18-39,19-9,19-11 19-17A 6H 11 8 -36J19 ¢f 18-361 -8L 19=8Q 1 X19-3 19-8K 19 8R r" 19-6A1 Legend (Note: Some items on map may not appear in legend) = 19-85 �0 18-36G M �.. ,n eG� 19-8T �19-7A2 © FiauRSSC Ee,S—ON ®CB °aw V0 19 8X� ®PoFF.E" as Ra""sM 18-36F OQ,\ HI(4SRQ 199 8U -q n �b 18-36E `z /8v 19-8W r.0 19-8G 18-36D 19-8A 19,8E 18-36C h 19-8Y QD 18-39 /�19-8B w q g� 663 8 / CI 100, Q] `- _- ., �h yOG �OP� l TM:.49 19-33A ll /� " 19-13E V �U �� i ,�� 19-1-3D1 J TMA8 �o� �` �Op n 664 C: 19`8D 19-13D2 h CaOC? 6640 19-10 CO - 1ry ^�Qri;'r :- m ti� of � Wry 5 �$ 18-40E pyo 19-12A9 GF hryP1 Z r..w O NIP G� '8 ria' m �; m N t 1912A5 co A � N �' �� ♦ 1$-4Q NPLNQ -s� • ��� 700 ft X19-14.' 665 19-15 1 19 12A r ��19-1'7A y OE ALBF GIS -Web r�OJ' 19_1 �g 19-19 19-17 �2 Geographic Data Services www.albemarle.org 19-16 /% y�RG. (434)296-5832 1S-4UC1E-40A119-16C -19=13d Map is for Display Purposes Only • Aerial Imagery from the Commonwealth of Virginia and Other Sources June 18, 2013