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HomeMy WebLinkAboutLOD201300018 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 February 21, 2014 Roger W Ray & Associates, Inc 1717-1 b Allied Street Charlottesville VA 22903 RE: LOD2013-00018 - OFFICIAL DETERMINATION OF PARCEL OF RECORD & DEVELOPMENT RIGHTS - Tax Map 129, Parcel 9 (Property of LIBERTY CORNER FARM LLC) Samuel Miller Magisterial District Dear Sir: 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 129, Parcel 9 is comprised of eight (8) parcels of record with two parcels, each with one (1) development right and six parcels, each with five (5) theoretical development rights. The basis for this determination follows. The Albemarle County Real Estate Assessment records indicate Tax Map 129 Parcel 9 contains 1085.20 acres and five (5) dwellings. The property is zoned RA, Rural Areas and is in the Totier Creek Agricultural/Forestal District.. The most recent deed for Tax Map .129 Parcel 9, recorded prior to December 10, 1980, the date of adoption of the Zoning Ordinance, is recorded in Deed Book 566, page 356 and is dated December 31, 1974. PRIOR TO DECEMBER 10, 1980 TMP 129-9 - 100.35ac & 645.7ac parcels Deed Date Parcel Change Description Acres Book / Pae Y or N 135 /.280 05/30/1907 Y A certain tract of land, containing four hundred (400) 134-34 acres, more or less and is made up originally of two tracts of 300 acres and 134 acres respectively, and the 34 acres more or less, which is now reserved by the said Langhorne is taken from the134 acre tract. 100 144/288 01/07/1911 N All that certain tract or parcel of land, containing 321.6 321.6 acres, more or less. A plat attached to this deed to be recorded with it being a 100.35 survey of 100 acres 1 rood and 18 poles. - —� -� This 'f00+-acresis'partof'the'321:6 acres see DB 231 P - - 89 for breakdown `1.521250 _ 05/06/1913 N All that certain: tract:or.parcel of land, containing .269.1 _..26.9..-1 _ acres, more or less. February 21, 2014 LOD-2013-00018 Page 2 of 9 167/307 04/06/1918 N All that certain tract or parcel of land, containing 590.7 321.6+269.1 acres, more or less. _ 590.7 173/407 05/13/1920 N All that certain tract or parcel of land, containing 590.7 590.7 acres, more or less. 175/10 10/21/1920 N All that certain tract or parcel of land, containing 590.7 590.7 acres, more or less. 175/439 01/19/1921 N All that certain tract or parcel of land, containing 590.7 590.7 acres, more or less. 231 /89 04/04/1936 Y All that certain tract or tract of land, more particularly described as follows: All that certain tract or parcel of land containing 707 1/10 acres, more, or less, and made up of two tracts containing 590 7/10 acres and 116 4/10 acres, respectively. A survey and plat dated March, 1936 has been made by Hugh F. Simms, S.A.C. Said plat which is hereto attached and is to be recorded with this deed is a plat of a tract of 612 4/10 acres which is made up of not only the 612.4 balance of said tract described as containing 590 7/10 acres after deducting the 100 acres, 1 rood, and 18 poles above referred to, but which also includes within its boundaries the tract of 116 4/10 acres above referred to. It is to be kept in mind , therefore, that the present conveyance covers two tracts of land, one containing 612 4/10 acres as described on the plat of Hugh F. Simms, S.A.C. hereto attached, the other containing 100 acres, 1 100.35 rood, and 18 poles as described on plat of record in DB 144 P 289. 251/498 09/17/1941 N Three tracts or parcels of land, more fully described as follows: FIRST: All that certain tract or parcel of land, containing 612.4 acres according to a plat made by Hugh 612.4 F. Simms S.A.C. March, 1936. SECOND: A tract or parcel of land containing 100 acres, 1 rood, and 18 poles as shown on plat thereof, recorded 100.35 in DB144 P289. This tract of land is in the vicinity of said 612.4 acre tract but is not contiguous or adjacent thereto. THIRD: All that certain tract of land adjoining said. 612.4 acre tract containing 88 acres according to survey and 88 plat thereof made by Hugh F. Simms S.A:C. September, 1941, which plat is hereto attached as part of this deed. 251/572 09/24/1941 N The following real estate, described as follows to -wit: FIRST: All that certain tract or parcel of land, containing 612.4 acres according to a plat made by Hugh F. Simms 612.4 S.A.C. March, 1936. SECOND: A tract or parcel of land containing 100 acres, 1 rood, and 18 poles as shown on plat thereof, recorded 100.35 in D8144 P289. This tract of land is in the vicinity of said 612.4 acre tract but is not contiguous or adjacent thereto. THIRD: All that certain tract of land adjoining said 612.4 acre tract containing 88 acres according to survey and 88 plat thereof made by Hugh F. Simms S.A.C. September, 1941.,which _plat is hereto attached as part of this deed.___ February 21, 2014 LOD-2013-00018 Page 3 of 9 264/131 07/06/1945 Y The following real estate, described as follows to -wit: FIRST: All that tract of land, containing six hundred twelve and four tenths (612.4) acres according to plat 612.4 made by Hugh F. Simms S.A.C. March, 1936. SECOND: All that tract of land, containing one hundred (100) acres, one (1) rood, and eighteen (18) poles, as shown on plat thereof recorded in DB144 P289. This tract 100.35 of land is in the vicinity of said 612.4 acre tract, but not contiguous or adjacent thereto. THIRD: All that tract of land, adjoining said 612.4 acre tract, containing eighty-eight (88) acres according to a 88 survey and plat thereof made by Hugh F. Simms S.A.C. September, 1941. 612.4+88= See attached plat combining parcels one and three 700.7 and also plat of 100.35 acres. 274/316 06/17/1947 N Two tracts of neighboring but not adjoining land, FIRST 700.7 700 7/10 acres shown on plat recorded in DB264 P133. SECOND 100 35/100 acres, shown on plat in DB264 100.35 P132. 288/254 04/05/1950 N All of those two certain tracts or parcel of land, containing 700.7 700.7 acres, more or less, and 100.35 acres, more or less, respectively. 100.35 323/105 04/06/1956 N The following tracts or parcels of land. Tract No. 1. All of 700 those two certain tracts or parcels of land, containing 700 acres and 100.35 acres, more or less, respectively. 100.35 326/32 08/06/1956 N The following tracts or parcels of land. Tract No. 1. All of 700 those two certain tracts or parcels of land, containing 700 acres and 100.35 acres, more or less, respectively. 100.35 430/423 06/23/1967 N The following tracts or parcels of land: Tract No. 1: All of 700 those two certain tracts or parcels of land, containing 700 acres and 100.35 acres, more or less, respectively. 100.35 435/613 10/17/1967 N The following described property, Tract No. 1: All of those 700.7 two certain tracts or parcels of land, containing 700.7 acres, more or less, and 100.35 acres, more or less, 100.35 respectively. 530/650 06/15/1973 N The following described land: First: All that certain tract of land containing 700.7 acres, 700.7 - 55.00 more or less, conveyed in DB435 P613 SAVE AND EXCEPT a tract estimated to contain 55 acres conveyed 645.7 to Jean deLutz and Marie Elizabeth deLutz by deed of Approx. even date herewith to be recorded just after.the recordation of this deed. - Second: All that certain tract of land containing 100.35 100.35 acres, more or less. 566/356 1.2/31/1974 N COMPILED MAP OF "BUSHY PARK" 1085.5 NOTE: NO FIELD WORK DONE IN PREPARING THIS MAP. ALL DATA SHOWN WAS TAKEN FROM FORMER SURVEYS & PLATS AS INDICATED. HEREON WITH NO VARIATIONS ADDED TO DATE. It is determined that this compiled map did not combine all of the parcels noted above into one parcel of 1085.5 acres. February 21, 2014 LOD-2013-00018 Page 4 of 9 AFTER DECEMBER 10, 1980 TMP 129-9 - 100.35ac & 645.4ac parcels Deed Date Parcel Change Description Acres Development Book/ Pae Y or N Y or N 530/653 Rights 1599/172 03/17/1997 N All those certain tracts or parcels of The following are of land containing 700.7 acres, more or less, SAVE AND land, containing 1085.5 acres more or portions of EXCEPT a tract estimated to contain 55 acres conveyed 700.7 - 55.00 less, and more particularly shown and 1085.50ac = described on a compiled map in 645.7 5 recordation of this deed. DB566 P357. (See description of 08/07/1974 N Conveyed all of her right, title and interest in and to a 55ac parcel below) tract of land, which tract includes the main brick 55 100.35 5 1945/112 05/16/2000 N All those certain tracts or parcels of The following are land, containing 1085.5 acres more or portions of The boundary of said tract is described in this deed. less, and more particularly shown and 1085.50ac The land hereby conveyed is the same property described on a compiled map in 645.7 5 conveyed to the parties herein by deed of John Henry DB566 P357. (See description of Royer and Mary J. Royer, dated June 15, 1973 recorded 55ac parcel below) -County on the 20th day of June 1973. 100.35 5 3153/586 10/25/2005 N Recorded deed of boundary The following are The deed referred to above is DB530 P563 for _ ...... settlement agreeing that the true and portions of correct boundary line between their 1085.20ac respective lands is the boundary line 645.4 5 shown on the attached plat. (See description of 55ac parcel below) No development rights are affected with this plat. 100.35 5 PRIOR TO DECEMBER 10, 1980 TMP 129-9 — 55.00ac aarcel Deed Date Parcel Change Description Acres Book/ Pae Y or N 530/653 06/15/1973 Y The following described land...: First: All that certain tract 700.7 of land containing 700.7 acres, more or less, SAVE AND EXCEPT a tract estimated to contain 55 acres conveyed 700.7 - 55.00 to Jean deLutz and Marie Elizabeth deLutz by deed of = even date herewith to be recorded just after the 645.7 recordation of this deed. Approx. 569/130 08/07/1974 N Conveyed all of her right, title and interest in and to a tract of land, which tract includes the main brick 55 residence, a frame cottage of two rooms with a bath and Approx.. a swimming pool with brick pool house: The boundary of . said tract is described as follows: The boundary of said tract is described in this deed. The land hereby conveyed is the same property conveyed to the parties herein by deed of John Henry Royer and Mary J. Royer, dated June 15, 1973 recorded in the Clerk's office of the Circuit Court of Albemarle -County on the 20th day of June 1973. The deed referred to above is DB530 P563 for _ ...... approximately 55 acres. February 21, 2014 LOD-2013-00018 Page 5 of 9 566/356 12/31/1974 N COMPILED MAP OF "BUSHY PARK" 1085.5 Book / Pae Y or N NOTE: NO FIELD WORK DONE IN PREPARING THIS MAP. ALL 47/154 12/23/1924 Y DATA SHOWN WAS TAKEN FROM FORMER SURVEYS & PLATS AS 100 INDICATED HEREON WITH NO VARIATIONS ADDED TO DATE. 189/328 01/16/1925 Y It is determined that this compiled map did not combine 190 436 /261 11/01/1967 N all of the parcels noted above into one parcel of 1085.5 324/494 06/07/1956 N acres. 190 PRIOR TO DECEMBER 10, 1980 TMP 129-9—190.00ac aarcel Deed Date Parcel Change Description Acres Book / Pae Y or N 47/154 12/23/1924 Y All that certain tract or parcel of land, containing 100 100 acres, more or less. 189/328 01/16/1925 Y All that certain tract or parcel of land, containing 190 190 436 /261 11/01/1967 N acres, more or less. 324/494 06/07/1956 N All that certain tract or parcel of land, containing 190 190 acres, more or less. 91.7 326/32 04/06/1956 N Certain real estate hereafter described: Tract No. 2. All 190 that certain tract or parcel of land, containing 190 acres, following deeds of said Joseph M. Cobb, to -wit; -(1) -Deed more or less. 430/423 06/23/1967 N The following tracts or parcels of land: Tract No. 2: All 190 that certain tract or parcel of land, containing 190 acres, more or less. 435/613 10/17/1967 N The following described property: Tract No. 2: All that 190 certain tract or parcel of land, containing 190 acres, more or less. 530/650 06/15/1973 N The following described land: 190 Third: All that certain tract of land containing 190 acres, more or less. 566/356 12/31/1974 N COMPILED MAP OF "BUSHY PARK" 1085.5 NOTE: NO FIELDWORK DONE IN PREPARING THIS MAP. ALL DATA SHOWN WAS TAKEN FROM FORMER SURVEYS & PLATS AS INDICATED HEREON WITH NO VARIATIONS ADDED TO DATE. It is determined that this compiled map did not combine all of the parcels noted above into one parcel of 1085.5 acres. PRIOR TO DECEMBER 10, 1980 TMP 129-9 — 38.00ac Deed Date Parcel Change Description Acres Book / Pae Y or N 352/139 09/10/1959 Y Two acres of land conveyed from 40 acres leaving 38 40-2 acres 38 436 /261 11/01/1967 N All that certain tract or parcel of land containing 91.7 acres, more or less. The said Joseph M. Cobb acquired a tract of 56'/2 acres 91.7 and a tract of 40 acres. The land hereby conveyed is the land remaining after the following deeds of said Joseph M. Cobb, to -wit; -(1) -Deed dated April 19, 1924. DB 144 P.257 , conveying 2.8 February 21, 2014 LOD-2013-00018 Page 6 of 9 PRIOR TO DECEMBER 10, 1980 TMP 129_9 - 53.7ar_ Deed Date Parcel Change acres of said 56Y2 acre tract to School Board of Acres Book / Pae Y or N Albemarle County; (2) deed dated April 7, 1947, in said (53.7+38) 187/526 04/19/1924 Y Clerk's Office in DB275 P302, conveying a strip to the 56.5-2.8 Commonwealth of Virginia to widen Routes 626 and 627; _ and (3) deed dated September 10, 1959, recorded in 53.7 436/261 11/01/1967 N said Clerk's Office in DB352 P139, conveying 2 acres of said 40 acre tract to Joseph A. Cobb and Virginia H. Cobb. 530/650 06/15/1973 N The following described land: Fifth: That certain tract of 91.7 land, containing 91.7 acres, more or less. = 566/356 12/31/1974 N COMPILED MAP OF "BUSHY PARK" 1085.5 NOTE: NO FIELD WORK DONE IN PREPARING THIS MAP. ALL (53.7+38) DATA SHOWN WAS TAKEN FROM FORMER SURVEYS & PLATS AS INDICATED HEREON WITH NO VARIATIONS ADDED TO DATE. It is determined that this compiled map did not combine all of the parcels noted above into one parcel of 1085.5 acres. PRIOR TO DECEMBER 10, 1980 TMP 129_9 - 53.7ar_ Deed Date Parcel Change Description Acres Book / Pae Y or N 187/526 04/19/1924 Y All that certain tract of land according to plat of Hugh F. 56.5-2.8 Simms, S.A.C. of 2 8/10 acres. _ 53.7 436/261 11/01/1967 N All that certain tract or parcel of land containing 91.7 acres, more or less. The said Joseph M. Cobb acquired a tract of 56 '/2 acres and a tract of 40 acres. 91.7 The land hereby conveyed is the land remaining after the = following deeds of said Joseph M. Cobb, to -wit;- (1) Deed dated April 19, 1924, conveying 2.8 acres of said 561/2 (53.7+38) acre tract to School Board of Albemarle County; (2) deed dated April 7, 1947, in said Clerk's Office in DB275 P302, conveying a strip to the Commonwealth of Virginia to widen Routes 626 and 627; and (3) deed dated September 10„ 1959, recorded in said Clerk's Office in DB352 P139, conveying 2 acres of said 40 acre tract to Joseph A. Cobb and Virginia H. Cobb. 530/650 06/15/1973 N The following described land: Fifth: That certain tract of 91.7 land containing 91.7 acres, more or less. 566 / 356 12/31/1974 N COMPILED MAP OF "BUSHY PARK" 1085.5 NOTE: NO FIELD WORK DONE IN PREPARING THIS MAP. ALL DATA SHOWN WAS TAKEN FROM FORMER SURVEYS &PLATS AS INDICATED HEREON WITH NO VARIATIONS ADDED TO DATE. It is determined that this compiled map did not combine all of the parcels noted above into one parcel of 1085.5 acres. February 21, 2014 LOD-2013-00018 Page 7 of 9 PRIOR TO DECEMBER 10, 1980 TMP 19Q -Q — 9 Rnnr Deed Date Parcel Change Description Acres Book / Pae Y or N 187/526 04/19/1924 Y All that certain tract of land according to plat of Hugh F. 2.80 384/228 10/17/1962 Y Simms, S.A.C. containing 2 8/10 acres. 2.00-.20 305/553 06/09/1953 N All that certain tract of land according to plat of Hugh F. 2.80 Simms, S.A.C. containing 2 8/10 acres. 1.80 349/163 05/05/1959 N That certain tract or parcel of land containing 2.1 acres, 2.10 more or less. 467/369 12/05/1969 N All those contiguous parcels of land, containing 1.8 2.80 acres, more or less, and 2.8 acres, more or less respectively. 530/650 06/15/1973 N The following described land: Fourth: All those two 2.80 contiguous parcels of land containing 1.8 acres, more or 467/369 12/05/1969 N less, and 2.8 acres, more or less. 1.80 566/356 12/31/1974 N COMPILED MAP OF "BUSHY PARK" 1085.50 NOTE: NO FIELDWORK DONE IN PREPARING THIS MAP. ALL 530/650 06/15/1973 N DATA SHOWN WAS TAKEN FROM FORMER SURVEYS & PLATS AS 1.80 INDICATED HEREON WITH NO VARIATIONS ADDED TO DATE. It is determined that this compiled map did not combine 566/356 12/31/1974 N all of the parcels noted above into one parcel of 1085.5 1085.50 acres. PRIOR TO DECEMBER 10, 1980 TMP 19Q_Q — 1 Rnqr- Deed Date Parcel Description Acres Book/Page Change YorN 384/228 10/17/1962 Y Described as follows: Lying on the east (right) side of and 2.00-.20 adjacent to the center of existing Route 627.from the = centerline of existing Route 626 opposite approximate 1.80 Station 10+00 to the lands of Peter W. Lange and Virginia M. Lange at approximate Station 1.3+60 including connection with Route 626 and containing 8660 square feet, more or less, land, of which 4484 square feet is included in the existing right of way and 4176 square feet, more or less, is additional land... (8660sgft is approximately .20 acres of land 467/369 12/05/1969 N All those contiguous parcels of land, containing 1.8 1.80 acres, more or less, and 2.8 acres, more or less respectively. 530/650 06/15/1973 N The following described land: Fourth: All those two 1.80 contiguous parcels of land containing 1.8 acres, more or less, and 2.8 acres, more or less. 566/356 12/31/1974 N COMPILED MAP OF "BUSHY PARK" 1085.50 NOTE: NO FIELD WORK DONE IN PREPARING THIS MAP: ALL DATA SHOWN WAS TAKEN FROM FORMER SURVEYS & PLATS AS INDICATED HEREON WITH NO VARIATIONS ADDED TO DATE. It is determined that this compiled map did not combine all of the parcels noted above into one parcel of 1085.5 �. - -- - - - acres.----- f­— February 21, 2014 LOD-2013-00018 Page 8 of 9 AFTER DECEMBER 10, 1980 -rnnc 410_0 _ rr, nnnf. ion nnac 3R Mar__ RR 7nac_ 2 -Mac. & 1.80ac Deed Date Parcel Change Description Acres Development Book / Pae Y or N Rights 1599/172 03/17/1997 N All those certain tracts or parcels of land, The containing 1085.5 acres more or less, and following more particularly shown and described on a are compiled map in DB 566 P 357. portions of 1085.5ac 55.00 5 190.00 5 38.00 5 53.70 5 2.80 1 1.80 1 1945/112 05/16/2000 N All those certain tracts or parcels of land, The containing 1085.5 acres more or less, and following more particularly shown and described on a are compiled map in DB 566 P 357. portions of 1085.5ac 55.00 5 190.00 5 38.00 5 53.70 5 2.80 1 1.80 1 3153/586 10/25/2005 Y Recorded deed of boundary settlement The agreeing that the true and correct boundary following line between their respective lands is the are. boundary line shown on the attached plat. portions of 1085.2ac No development rights are affected with this 55.00 5 plat. 190.00 5 38.00 5 53.70 5 2.80 1 1.80 1 On the basis of these deeds Tax Map 129, Parcel 9 is determined to be eight (8) parcels of record, One containing 100.35 acres +�', with 5 development rights; One containing 645.40 acres+/ with 5 development rights; One containing 55.00 acres+/ with 5 development rights; One containing 190.00 acres +a., with 5 development rights;. One containing 38.00 acres+/ with 5 development rights; One containing 53.70 acres with 5 development rights; One containing 2..80 acres with 1 development right; One containing 1.80 acres+", with 1 development right; The parcels are entitled to the noted development rights if all other.applicable regulations can 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. February 21, 2014 LOD-2013-00018 Page 9 of 9 If you are aggrieved by this determination, you have a right to appeal it within thirty (30) days of this notice, in accordance with Virginia Code § 15.2-2311. If you do not file a timely appeal, this determination shall be final and unappealable. An appeal may be taken only by filing an appeal application with the Zoning Administrator and the Board of Zoning Appeals, in accordance with § 34.3 of the Zoning Ordinance, along with a fee of $240 plus the actual cost of advertising the appeal for public hearing. Applications for Appeal of the Zoning Administrator's Determination are available at the Department of Community Development located at 401 McIntire Road, Charlottesville, Virginia 22902 or online at www.albemarle.org/cdapps. This form applies to the appeal of a decision of the zoning administrator or any other administrative officer pertaining to the Zoning Ordinance. Regulations pertaining to the filing of an appeal to the Board of Zoning Appeals are located in Chapter 18, Section 34.3 of the Zoning Ordinance. They may be reviewed online at www.albemarle.org/countycodebza. (Please note that our online documents are in Adobe Acrobat PDF format and must be viewed with the Adobe Acrobat Reader or an equivalent. A link to download the free plug-in is available at the bottom of www.albemarle.orq/cdapps.) If you have any questions, please contact me. Since_reJy, . - Francis H. MacCall Principal Planner Copy: Sheila L. Moore, Real Estate Tech, Real Estate Ella Jordan, Clerk of the Board of Supervisors Owner: LIBERTY CORNER FARM LLC C/O RICHARD SIPES 2328 LIBERTY CORNER RD ESMONT VA, 22937 TMP 129-9 1.8ac, 2.8ac, 53.7ac, 38ac, 190ac, 100.35ac, 55ac, 645.4ac Legend (Note: Some items on map may not appear in legend) ©REIREs UE—ON ` 1 \` 100.35ac ° CB °awER, e PO- OFFICE a s, ^cE s, ,wR 'oPrc•k 190ac v 5 725 TM: 128 TM: 129 OC cR 770 Z 55 ac t�Q �RNCO 645.4ac Rry�� RD lL �� 627 626 'loE 0.4EF/- q 38ac o� , TM: 134 F 53.7ac TM: 135- 'pa 1700 ft J �AMF S r�> R OE ALBF GIS -Web Geographic Data Services www.albemarle.org 'itLRc 1 Q (434)296-5832 Map is for Display Purposes Only • Aerial Imagery from the Commonwealth of Virginia and Other Sources February 21, 2014 TMP 129-9 rsH Legend items on map may not appear in legend) (No�taoS B some o FIaEsC�UETS—Os,A,�oe H HesPieR ® PORCE s1110e \ ` BE SEA;�«.Ro�a�sM arc n— / 1 V `V J �O TM: 12� TM: 129 7701 F~CRFKi �9 Ty co�N�� Ro 1 [626 627 Jo E Ci���`r V' O�T�'P TM: 134 TM: 135 OJAM�S 1700 ft Ri L pE AL �y aF GIS -Web Q 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 October 9, 2013