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HomeMy WebLinkAboutLOD201300015 Letter of Determination 2014-02-26J$ �'rRGINZP COUNTY 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 Henley Forest Inc 1917 White Hall Rd Crozet VA 22932 RE: LOD2013-00015 - OFFICIAL DETERMINATION OF PARCEL OF RECORD & DEVELOPMENT RIGHTS - Tax Map 39, Parcel 4; Tax Map 39, Parcel 14; Tax Map 40, Parcel 1 and Tax Map 40, Parcel 27A (Property of HENLEY FOREST INC) White Hall Magisterial District Dear Sir or Madam: 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 39, Parcel 4 is comprised of two (2) parcels of record each with five (5) theoretical development rights, Tax Map 39, Parcel 14 is comprised of one (1) parcel of record with two (2) theoretical development rights, Tax Map 40, Parcel 1 is comprised of three (3) parcels of record with a total of eleven (11) theoretical development rights and Tax Map 40, and Parcel 27A is comprised of two (2) parcels of record with a total of seven (7) theoretical development rights.. The basis for this determination follows. The Albemarle County Real Estate Assessment records indicate Tax Map 39 Parcel 4 contains 254.63 acres and zero (0) dwellings; Tax Map 39 Parcel 14 contains 5.94 acres and zero (0) dwellings, Tax Map 40 Parcel 1 contains 375.16 acres and zero (0) dwellings, and Tax Map 40 Parcel 27A contains 134.70 acres and zero (0) dwellings. The properties are zoned RA, Rural Areas and are in the Sugar Hollow Agricultural/Forestal District. The most recent deed for Tax Map 39 Parcel 4, recorded prior to December 10, 1980, the date of adoption of the Zoning Ordinance, is recorded in Deed Book 620, page 113 and is dated May 5, 1977. PRIOR TO DECEMBER 1'0, 1980 TMP 39-4 Deed .Book / Pae Date Parcel Change Y or N Description Acres 96/122 10/01/1891 N That certain tract of the "Big Survey", which is 252 described and set for therein the plat and survey of the same made by John TE Simms SAC on _ day of January 1890 as follows, "This is a survey of 252 acres..." 172/391 01/26/1920 Y All of a certain tract of land answering the following 74 description according to a survey made by Hugh F. Simms, March 1917 which plat and survey shall be part of this deed. This is a plat of 74 A. of land ... August 9, 2013 LOD-2013-00015 Page 2 of 7 247/576 01/26/1920 N A certain tract of land containing 74 acres, more or 74 Development Rights There are no Deeds after 05/05/1977 74 less. Said 74 acres of land was a part of a larger tract 178 5 of 252 acres. 250/417 05/17/1941 N A tract of land containing 252 acres, more or less, 178 & 74 consisting of two contiguous tract of 178 acres and 74 acres, respectively. 250/420 05/22/1941 N As appurtenant to the 252 acre tract conveyed in DB 252 247 P 576. 250/421 05/22/1941 N All of those certain tracts or parcels of land described 74 & 178 as follows: FIRST: A tract of 74 acres. SECOND: A tract of 178 acres adjoining the above, the two tracts formerly constituting one tract of 252 acres. 270/525 08/01/1946 N All of those certain tracts or parcels of land described 74 & 178 as follows: 1. A tract of 74 acres. 2. A tract of 178 acres adjoining the above tract, the two tracts formerly constituting one tract of 252 acres. 280/329 06/16/1948 N All of those two adjoining tracts of land described as 74 & 178 follows: 1. A tract of 74 acres. 2. A tract of 178 acres adjoining the above tract, the two tracts formerly constituting one tract of 252 acres. 336/276 11/15/1957 N All of those two certain parcels of land containing 252 257.9 acres. Tract No. 1 containing 5.9 acres according to plat in DB 250 P 417. Tract No. 2 containing 252 acres. 343/505 01/22/1958 N Those two certain parcels of land aggregating 257.9 252 acres. 357/72 02/22/1960 N All of those two certain parcels of land containing 252 257.9 acres. 369/221 06/20/1961 N All that certain tract or parcel of land containing 257.9 acres, more or less. Said property is composed of 252 two adjoining parcels, the first containing 5.9 acres shown on a plat in DB 250 P 419, and the second containing 252 acres, described by metes and bounds in DB 96 P 122. 620/113 05/05/1977 N All that certain tract or parcel of land containing 257.9 acres, more or less. Said property is composed of 252 two adjoining parcels, the first containing 5.9 acres shown on a plat in DB 250 P 419, and the second containing 252 acres, described by metes and bounds in DB 96 P 122. AFTER DECEMBER 10, 1980 TMP '19_d Deed Book / Pae Date Parcel Change Y or N Description Acres Development Rights There are no Deeds after 05/05/1977 74 5 178 5 August 9, 2013 LOD-2013-00015 Page 3 of 7 The most recent deed for Tax Map 39 Parcel 14, recorded prior to December 10, 1980, the date of adoption of the Zoning Ordinance, is recorded in Deed Book 620, page 113 and is dated May 5, 1977. PRIOR TO DECEMBER 10, 1980 TMP 39-14 Deed Date Parcel Change Description Acres Book / Pae There are no Deeds after 05/05/1977 Y or N 1 2 250/417 05/17/1941 Y All of that certain lot or parcel of land containing 5 5.9 9/10 acres, more or less accurately and definitely described on a plat attached to and recorded with this deed. 250/421 05/22/1941 N All of those certain tracts or parcels of land described 5.9 as follows: FOURTH: A tract of 5 9/10 acres 256/469 03/31/1943 N All that certain tract of land containing 5.9 acres. 5.9 270/525 08/01/1946 N All of those certain tracts or parcels of land described 5.9 as follows: 3. A tract of 5 9/10 acres. 280/328 06/16/1948 N All that certain tract of land containing 5.9 acres 5.9 according to plat in DB 250 P 417. 336/276 11/15/1957 N All of those two certain parcels of land containing 5.9 257.9 acres. Tract No. 1 containing 5.9 acres according to plat in DB 250 P 417. Tract No. 2 containing 252 acres. 343/505 01/22/1958 N Those two certain parcels of land aggregating 257.9 5.9 acres. 357/72 02/22/1960 N All of those two certain parcels of land containing 5.9 257.9 acres. 369/221 06/20/1961 N All that certain tract or parcel of land containing 257.9 acres, more or less. Said property is composed of 5.9 two adjoining parcels, the first containing 5.9 acres shown on a plat in D13 250 P 419, and the second containing 252 acres, described by metes and bounds in DB 96 P 122. 620/113 05/05/1977 N All that certain tract or parcel of land containing 257.9 acres, more or less. Said property is composed of 5.9 two adjoining parcels, the first containing 5.9 acres shown on a plat in DB 250 P 419, and the second containing 252 acres, described by metes and bounds in DB 96 P 122. AFTER DECEMBER 10, 1980 TMP 39-14 Deed Book /Pae Date Parcel Change Y or N Description Acres Development I Rights There are no Deeds after 05/05/1977 5.9 1 2 August 9, 2013 LOD-2013-00015 Page 4 of 7 The most recent deed for Tax Map 40 Parcel 1, recorded prior to December 10, 1980, the date of adoption of the Zoning Ordinance, is recorded in Deed Book 611, page 365 and is dated December 12, 1976. PRIOR TO DECEMBER 10, 1980 TMP 40-1 Deed Date Parcel Change Description Acres Book / Pae 1097/120 Y or N Y Conveyed but did not survey that certain 90/488 10/24/1888 Y A certain tract or parcel of land containing by recent 46.75 tract or parcel of land containing 50 acres, survey 463/ acres. 97/162 12/30/1889 Y A certain tract or parcel of land supposed to contain 2.0 portion of the lands owned by Henley two acres, more or less 169/100 12/20/1918 Y All that certain tract or parcel of land containing 273'/ 273.25 acres, more or less. The 50 acre parcel later becomes a part of 231 /574 06/02/1936 N All that certain tract or parcel of land containing 48% 48.75 TMP 40-1. acres, more or less. Said land was conveyed under This parcel is later described as Parcel E two deeds DB 90 P 488 conveying 463/ acres, more (46.75 & 2) below. or less and DB 97 P 162 conveying 2 acres, more or less. 269/596 05/18/1946 Those two certain tracts or parcels of land, First: Tract 273.25 or parcel of land containing 273'/ acres as shown by & survey and plat made by Hugh F. Simms, S.A.C., 48.75 dated November 1923, which said plat is attached to and made part of this deed and is to be recorded herewith. SECOND: All that certain tract or parcel of land containing 48 3/ acres as conveyed in DB 231 P 574 366/161 02/23/1961 N Those two adjacent tracts of land aggregating 322 273.25 acres, more or less described as follows: Tract No. 1 & containing 273'/ acres and Tract No. 2 adjoining Tract 48.75 No. 1 on the south side of the Moormans River, containing 483/ acres, more or less. This tract was made up of a tract of 463/ acres as set out above and two acres as shown in DB 97 P 162. 611/365 12/28/1976 N The following tracts or parcels of land: PARCEL 273.25 FOUR: All those two certain tracts of land as follows: & Tract No. 1: A parcel or tract of land containing 273.25 48.75 acres on a plat of Hugh F. Simms dated November 1923 in DB 269 P 598. Tract No. 2: A parcel or tract of land adjoining Tract No. 1, containing 48.75 acres more or less in DB 90 P 488 AFTER DECEMBER 10, 1980 TMP 40-1 Deed Book / Pae Date Parcel Change Y or N Description Acres Development Rights 1097/120 04/24/1990 Y Conveyed but did not survey that certain 50 0 tract or parcel of land containing 50 acres, more or less. Said 50 acres is to become a portion of the lands owned by Henley Forest, Inc. The 50 acre parcel later becomes a part of TMP 40-1. This parcel is later described as Parcel E below. August 9, 2013 LOD-2013-00015 Page 5 of 7 1213/4 03/20/1992 Y Recorded plat without County signature that removed Parcel F 6.31 acres, and added 326.41 + 375.16 46.75 + 2 = 273.25 5 169/532 Parcel E 50.75 acres & Parcel G 8.72 Y Conveyed 5'/2 acres off of a 135 acre tract from DB 135 - 5.5 = acres to TMP 40-1. - 159 P 361. 129.5 6.31 This leaves approximately 129.5 acres, more or less 171 /153 05/10/1919 TMP 40-1 was listed as 322 acres and, per = 4.7 this determination, is comprised of 3 parcels 266.94** 283/488 5/16/1949 N All of the land containing 265 9/10 acres more or less of record -- 273.25 + 46.75 + 2 = 322 + made up of the following tracts: TRACT NO. 1 322 - 6.31 + 50.75 + 8.72 = 375.16 50.75 containing 135 acres, more or less, less 5 Yz acres recorded in DB 169 P 532 and TRACT NO. 2 No development rights were transferred 8.72 with the portions added or subtracted from = determination. the 322 acres. 326.41 10/05/1960 46.75 5 130 & 4.7 acres, more or less, TRACT NO. 1 containing 130 **The 6.31 acres was subtracted from the acres, more or less, and TRACT NO. 2 containing 4.7 original 273.25 acres leaving 266.94 2 1 acres of the original parcel of record that contains the 5 development rights. 1323/213 07/07/1993 Y Recorded a Certificate of Plat as follows: 375.16 The plats recorded in Deed Book 1213, 326.41 5 pages 14 and 15, were inadvertently not approved by the County of Albemarle for 46.75 5 recordation. The attached plat, being the same lands referred to in the aforesaid Deeds, has been approved for recordation 2 1 by the County of Albemarle. The most recent deed for Tax Map 40 Parcel 27A, recorded prior to December 10, 1980, the date of adoption of the Zoning Ordinance, is recorded in Deed Book 611, page 365 and is dated December 12, 1976. PRIOR TO DECEMBER 10, 1980 TMP 40-27A Deed Date Parcel Change Description Acres Book / Pae Y or N 169/532 04/14/1919 Y Conveyed 5'/2 acres off of a 135 acre tract from DB 135 - 5.5 = 159 P 361. 129.5 This leaves approximately 129.5 acres, more or less 171 /153 05/10/1919 Y Conveyed all of a certain parcel of land containing 4 4.7 7/10 acres of land shown on plat. 283/488 5/16/1949 N All of the land containing 265 9/10 acres more or less 129.5 & 4.7 made up of the following tracts: TRACT NO. 1 containing 135 acres, more or less, less 5 Yz acres recorded in DB 169 P 532 and TRACT NO. 2 containing 4 7/10 acres in DB 171 P 153. TRACT NO. 3 of 130 9/10 acres is not part of this determination. 362/462 10/05/1960 N All those two adjacent tracts of land aggregating 135 130 & 4.7 acres, more or less, TRACT NO. 1 containing 130 acres, more or less, and TRACT NO. 2 containing 4.7 acres adjoining the above conveyed as Parcel No. 1 and Parcel No. 2 in DB 283 P 488, respectively. August 9, 2013 LOD-2013-00015 Page 6 of 7 611 /365 12/28/1976 N All those two certain adjacent tracts or parcels of land 130 & 4.7 There are no Deeds after 12/28/1976 130 5 4.7 2 aggregating 135 acres, more or less, containing 130 acres, and 4.7 acres, conveyed as Parcel No. 1 and Parcel No. 2 respectively in DB 283 P 488. AFTER DECEMBER 10, 1980 TMP 40-27A Deed Book / Pae Date Parcel Change Y or N Description Acres Development Rights There are no Deeds after 12/28/1976 130 5 4.7 2 On the basis of these deeds Tax Map 39, Parcel 4 is determined to be two parcels of record, one containing 178 acres+i-, and one containing 74 acres+'-, Tax Map 39, Parcel 14 is determined to be one parcel of record, containing 5.9 acres+'-, Tax Map 40, Parcel 1 is determined to be three parcels of record, one containing 326.41 acres+'-, one containing 46.75 acres+i-, and one containing 2 acres`-, Tax Map 40, Parcel 27A is determined to be two parcels of record, one containing 130 acres+i and one containing 4.7 acres+i-. 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 $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. Sincere y, G Francis H. Mac all Principal Planner August 9, 2013 LOD-2013-00015 Page 7 of 7 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 34-4 178 8 5 34-4 74 3 5 34-14 5.9 0 2 40-1 326.41 15 ** 5 with 266.94 acres 40-1 46.75 1 5 40-1 2 0 1 40-27A 130 5 5 40-27A 4.7 0 2 TMP 39-4, 39-14, 40-1 and 40-27A 5-88, 5-21A 25'1716-11B* 25 11 D 25-18 �5' 98A 25-18 B 26-14D p 2b -14G26-15 26-16 26 - 26"�OF 26-14F' , �6!� 26-5`J �— Legend ome items on map may not appear in legend) 25 11 D�1 �� TM: 25 Wit\ �,�25�15 614 25-11 25.72 25=13 4 r2` -161 \/ -26=1'4A126-14K 26-56(Note: - 26=58 ' TM:. �, 26-'? 2B -126'14M1 SU G P 2fi-57� 6-57,A' v 4 ��� ry RHOLLOW RDP26-!56B26--56D/'- ° ""`�a °wMM�"n" E�m © nReREECUEE,A,o" y 2fi-57D26-11 ®ii°esRRnav` ®P�oFF�E " 25-11 C v 25-11C �' 26-13 -ti 26-5fiC a --T--l- R>°``>" G_ a j o 26-57E 40-278 ti 39-3 � 44�1 Dory ,N 40-26A1 Ln N G N 40-27A 44-26A 40-1 39-2 40-26 40-3B .39 40-3C TM: 40 40-5 40-3A 40-41C 39-7 39-4 40-3 p 40-43 -A- A-9 LQ 40-6 40-25!44 3g y��� 40 7y t39 40 8 7 W= r3c39-17D1 1602 ft 39A U ''39" 17D4 \ I -_yap% 40-24A .. 4d �'1 / W V W n V,/ >3 to 39-14 39-i7D3 973. -10A //40-23B�1 u 40-14B1 4�-zs%°t'144-9B>% 44-9 ���' 40=9D4 � �l ,, r� ypE ALBF �2 � GIS -Web g Geographic Data Services * 39'=17,D2 3g. 40-10 40-9A 6 �f 44-9E 40-23G 40-238 www.albemarle.org + �4' 39-16C1 40-9C \ kp qe (a3a)2ss-sa3z Map is for Display Purposes Only • Aerial Imagery from the Commonwealth of Virginia and Other Sources June 7, 2013 Map is for Display Purposes Only • Aerial Imagery from the Commonwealth of Virginia and Other Sources August 9, 2013 TMP 39-4 Legend 40-1 (Note: Some items on map may not appear in legend) 11 � _- i 1=---- o ARROR, ec�omMUHmx�E�m F—RESCUE S—ON 39 2 = 40-3B o Ha Pi;w R, f '- 10-1 S11110N orn- 'R�F � a s��R�,�RRauRsM P>,oi aa,<.re 40-3C 40-3A 39-7 TM: 39 39-4 TM: 40 40-3 39-13C3 39-13C2 39-13C1 -A .., 39-6 y 40-8 39-13C4 i 39-13C 39 17011 44-146 l 39:13A 40=10A 800 ft h10� 9-136 39-15 �y est L� 40-1061 t•� 40-9 yoE^LeF 39-13E ���� 82 Geographic Data + 39-12A+-. ��. 39-161 40-10 www.albemarle.org 39-17012 39=16C1 (434)296-5832 Map is for Display Purposes Only • Aerial Imagery from the Commonwealth of Virginia and Other Sources August 9, 2013 Map is for Display Purposes Only • Aerial Imagery from the Commonwealth of Virginia and Other Sources August 6, 2013 TMP 40-1 25_1,7,26-11 25_18 �• 25-18N—' 25-18B B f 26-10p �� b� �� 26-10F 26-14A1 ^b 26-11C _ �- ,tib tiio�JE w �' 26-14G bei 26-14 r.., Legend c Note: Some items on map may not appear in legend) 25=15 RMA 26-�4L Ra �O RI E�m o a�REs S11GpRHOLLOW F20 TM: 25 y N% 26-11 > gUGAR H01 26-11 D 26-12A 26-14M1 ( `.� TW 26 Es,A,oN oHoSpj_ W. P0�C`S1�oN ®®PaE�RE=oA'T­E a �RauasM P o Pa k 25-14C 26-13 25-14B 39-3 i i i i' r` 40-2 40-1 40-27A 39-2 TM: 39 TM: 40 A 40-3B 40-26 900 ft 40-3C y pE ALg 39-4 g GIS-Web Geographic Data Services 4a�3A 40_5 www.albemarle.org (434)296-5632 Map is for Display Purposes Only • Aerial Imagery from the Commonwealth of Virginia and Other Sources August 6, 2013 Map is for Display Purposes Only • Aerial Imagery from the Commonwealth of Virginia and Other Sources August 6, 2013 TMP 40-27A Legend 2� (Note: Some items on map may not appear in legend) 26-13A ° a -R SLUES o 26-13 Ce�°a_, ®°o Es,A,oN ® I 40-27C ®aE�REA,�RauasM as° °oprc 40-27 40-1 r 40-2 40-27A 40=26 TM: 40 4* -'C - -A 40-26 40-3B 500 ft ALBF y OE 02 Ilf �' GIS -Web 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 August 6, 2013