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HomeMy WebLinkAboutLOD201300022 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 November 15, 2013 Frank Pohl County of Albemarle, Office of Facilities Development 401 McIntire Road Charlottesville VA 22902 RE: LOD2013-00022 - OFFICIAL DETERMINATION OF PARCEL OF RECORD - Tax Map 56A1-01, Parcel 74 (Property of JOHN H JR OR JENNIFER B HILKER) White Hall 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 56A1-01, Parcel 74 is comprised of one (1) parcel of record which includes a strip of land further described below as being approximately 30'-40' in width and extending from State Route 810 to the edge of "Reserved Parcel B" within the Laurel Hills Subdivision. The basis for this determination follows. The Albemarle County Real Estate Assessment records indicate Tax Map 56A1-01 Parcel 74 contains 1.36 acres and one (1) dwelling. The property is zoned R-2, Residential. The most recent deed for Tax Map 56A1-01 Parcel 74, recorded prior to December 10, 1980, the date of adoption of the Zoning Ordinance, is recorded in Deed Book 649, page 598 and is dated June 26, 1978. PRIOR TO DECEMBER 10, 1980 TMP 56A1-01-00-74 The BOLD is the description from the deed Deed Book / Pae Date Parcel Change Y or N Description Acres 124/320 04/25/1902 N A certain parcel of land containing 18 eighteen acres, more or less. 170/477 08/01/1919 Y That certain tract or parcel of land more particularly described in a plat as a part Lot#1 hereof, as lot No One 1 on said plat 4.21 containing 4.21 acres and being a part of land conveyed in DB 124 P 320. This deed also reserved "a roadway over the northern boundary of the land herein conveyed, extending and projecting the road shown at the rear of lot No Two (2) on said plat to the Whitehall Road. Said road is to be located along the line of the Ballard land and the same width of the road now shown on said lat..." November 15, 2013 LOD-2013-00022 Page 2 of 7 The "line of the Ballard land" is shown on the plat to be the branch.(Today called Parrot Branch) The plat clearly creates Lots #1 - 4.21 ac, #2 - 1.13ac, #3 - 1.135ac, #4-1.14ac, #5 - 1.145ac, and #6 - 9.94ac. The acreage of all lots when totaled equals 18.67 acres as described in DB 124 P 320, more or less. The plat shows the land narrow down, to what can be described as a strip of land along the northern boundary that is 30' wide. This strip that contains the road is clearly part of Lot #1 on the plat. This is important as to the parcel of land this strip currently belongs to. A narrow strip of land that includes a road that is 30' in width 177/525 06/01/1921 Y All of that certain lot, tract or parcel of land known and described as a part of lots Lot #1 #'s 2 and 1 described on a plat in DB 170 4.21 -0.071 P 479. _ 4.139 The areas of land as described below are approximations based on the dimensions described in the deed. Lot #2 (TMP 56A1 -01-74A) The deed describes a lot to be conveyed that 1.13-0.482 is comprised of a portion of Lot 2 and Lot 1 = from DB 170 P 479. The portion of Lot 1 is .648ac residue described as being 10'-20' wide and 206.5' deep. This portion of Lot 1 is approximately 0.071 ac and is added to a portion of Lot 2 Lot #2 thus leaving approximately 4.139ac with Lot (TMP 56A1-01-75) 1. 0.482 + 0.071 The property conveyed with this deed is .553 described as follows and includes the portion of Lot 1 and Lot 2; 213 feet along shared line with Lot 3, 120 feet across Lot 2 to a stake on Lot 1, 206.5 feet to a stake on the street, and then 110 feet back to the beginning point that is the line shared with Lot 3. This combination removed approximately 0.482ac from Lot 2 leaving an approximately 0.648ac residue Lot 2. This deed divides Lot 2 into what today is identified as TMP 56A1-01-00-75 and 74A. Lot 2 described above has a more recent survey and is shown to be 23,686.3sgft or .544ac per plat in DB 1283 P 503. The residue of Lot 2 mentioned above is shown on this plat to be 35,131.13sgft or .806ac per plat in DB 1283 P 503. November 15, 2013 LOD-2013-00022 Page 3 of 7 210/279 08/16/1930 N Conveyed Lot # 6 from the plat in DB 170 Lot #6 P 479. 9.94 This deed is not included in the chain of title for Lot #1 but is included with this determination to establish that the "narrow strip of land" described above is part of Lot #1 and has never been officially separated from Lot #1 in DB 170 P 479. This deed also describes the land as having A narrow strip of "(1) The right to use the private road over land that includes a Lot No. 1 on said plat which road shall be road that is 30' in located immediately along the northern width line of lot No. 1 and be the same width of the road as shown on said plat, and leading to the White Hall road." The plat referenced above is DB 170 P 479 and the width reference is 30 feet. The deed continues to describe the road as being part of Lot #1 as shown on the plat in DB 170 P 479. 250/60 02/17/1941 N Conveyed Lot # 6 from the plat in DB 170 Lot #6 P 479. 9.77 This deed is not included in the chain of title for Lot #1 but is included with this determination to establish that the "narrow strip of land" described above is part of Lot #1 and has never been officially separated from Lot #1 in DB 170 P 479. This deed also describes the land as having A narrow strip of the "right of way over a road lying on the land that includes a northern side of lots 2, 3, 4, and 5 on plat road that is 30' in recorded in DB 170 P 479, and thence over width lot #1 as shown on said plat recorded in DB 170 P 479, located immediately along the northern line of lot #1 and to be the same width of the road shown in said plat and leading into the White Hall Road, see DB 210 P 279." The width referenced above is 30 feet. The deed continues to describe the road as being part of Lot #1 as shown on the plat in DB 170 P 479. November 15, 2013 LOD-2013-00022 Page 4 of 7 306/58 03/14/1953 Y Conveyed a lot described as being all lot Lot #1 2, DB 170 P 479, not already owned by 4.139 - 0.132 grantees and a strip approximately 20 feet = wide off lot 1 next to lot 2. 4.007ac The description includes a portion of Lot 1 that is described as being 20' wide and 288' Lot #2 long. This is approximately 0. 132 acres. The (TMP 56A1 -01-74A) areas of the portion of Lot 1 added to Lot 2 .648+0.132 and the residue of Lot 1 are never identified. _ It is estimated that the area is about 0.132ac .78ac added to lot 2 thus determining that 0.132ac was removed from the residue Lot 1 identified above in DB 177 P 525 of 4.139ac leaving approximately 4.007ac in Lot 1. Today Lot # 2 is two parcels as divided in DB 177 P 525 and surveyed as part of DB 1283 P 503 showing the 2 lots .544ac and .806ac that when added together total 1.35 acres. This deed also describes the right of the land A narrow strip of conveyed "use the 30 foot road passing in land that includes a the rear of this lot from the rear out to the road that is 30' in White Hall road as conveyed... in DB 250 P width 60." 307/338 09/24/1953 Y Conveyed a lot designated as Lot 1 on attached plat of Hugh F. Simms and Son Lot #1 dated August, 1953,... and being part of (TMP 56A1-01-7413) the land conveyed in DB 124 P 320 = 1.20 This plat shows Lot #1 as 1.2 acres. Lot #2 The deed further describes "a plat of 3 lots = situated in Crozet..." There are two 0.42 additional lots shown on the plat as Lot #2 and #3. The plat clearly leaves a residue Lot #3 under the name Miriam H Ashby but neither = said plat nor the deed description states the 0.56 area of that residue. Residue acreage is Lots #2 and #3 are conveyed on a future date not stated on plat as 1 acre in DB 319 P 265. only noted as "Miriam H Ashby" These 3 lots and the residue were originally and Lot #1 in DB 170 P 479. The deed does not area noted as specifically describe the residue as being the "Road" to the north property to the south, southeast and north of of the 3 platted lots. the 3 lots. November 15, 2013 LOD-2013-00022 Page 5 of 7 Without a clear statement that the "Road" 4.007-1.20 shown on the plat that is to the north of the 3 = lots is a separate lot, I contended that this 2.807 area is still part of the residue of what was the -.42-.56 original Lot #1 from DB 170 P 479. It must be = noted that with the plat recorded with this 1.827 deed the strip of land that was 30' wide now Residue of original widens to 40' with the 10' extension shown at Lot #1 from the northwest corner of the 1.2ac Lot #1. DB 170 P 479 This means the strip of land where the "Road" is described now varies from 30' wide to 40' A narrow strip of wide down to the "White Hall Road" aka State land that includes a Route 810. road that is both 30' in width up to a point and 40' in width out to State Route 810 319/265 09/15/1955 Y Conveyed 1 acre described on a plat of 1 Hugh F. Simms and son, dated February, 1955, and hereto attached,... and being Residue acreage is part of the land conveyed in DB 124 P 320 not stated on plat The deed describes the 1 acre as well as 2.807-1.00 shows it on the plat. This 1 acre parcel was = conveyed to a different party than the family 1.807ac of Miriam Ashby. This 1 acre was a portion of Residue of original the original 4.21 ac shown as Lot #1 in DB Lot #1 from 170 P 479. This 1 acre is also the two lots DB 170 P 479 described in DB 307 P 337 as Lots # 2 and 3 plus some of the residue of Lot 1 in the same DB. This plat clearly leaves property to the north of the new line of 197ft to the branch and notes a "Road". The "branch" being the A narrow strip of northern property line of Lot #1 in DB 170 P land that includes a 479. The plat clearly leaves a residue but road that is both 30' neither said plat nor the deed description in width up to a point states the area of that residue. The 1 acre is and 40' in width out art of the land conveyed DB 170 P 479. to State Route 810 334/192 08/15/1957 N Plat of adjacent property shown as "Future Addition" of what was Lot #6 into Evidence of the 30' the Laurel Hills Subdivision. strip This plat is further evidence of the 30' strip shown as "R -O -W TO RT. # 810" The edge of this land at N35*30'E is the edge of the 30' strip first seen in DB 170 P 479. 385/423 01/24/1963 N Recorded SUBDIVISON PLAT SECTION TWO "LAUREL HILLS" Evidence of the 30' strip This is the further division of the "Future Addition" described in DB 334 P 192. "Reserved Parcel B" can be seen as being a variable width with one end being 30'. The edge of this Parcel B at S35*30'W is the edge of the 30' strip first seen in DB 170 P 479. November 15, 2013 LOD-2013-00022 Page 6 of 7 649/598 06/26/1978 N Conveyed all that certain parcel or tract of Acres 744/688 07/30/1982 N land containing 1.21 acres, more or less 1.21 +0.17 as shown on plat of William S. _ Roudabush, Inc., C.L.S., dated June 19, 1.38ac 1978. The plat shows 1.21 acres (to sidewalk) and 1402/561 05/09/1994 Y 0.17 acres within R/W of State Route 810. This would bring the total of the parcel to 1.38 1.36 acres since the .17 acres was not stated as TMP 56A1-01-74 being dedicated to public use for the road right of way. The plat also calls this lot out as 1.01 a portion of Lot #1 in DB 170 P 479. TMP 56A1 -01-74C This parcel is clearly the residue of Lot #1 in DB 170 P 479. It is the same property that is referenced on the plats in DB 319 P 266 and DB 307 P 339 as being owned by Miriam H Ashby. The residues mentioned above did not have specific acreage noted for them. Being that neither the plat with this deed nor either of the above plats described the 30'-40' strip as beingseparate piece of land, I _a contend that this strip is part of the 1.21 acre lot described in this deed which is Lot #1 from the plat in DB 170 P 479. The approximate acreage of the area for the 30'-40' strip is between .432ac and .553ac. If this strip of land is totaled up along with the current totals of Lots #1, 2, 3, 4, 5 and what was the 9.94 acres of Lot #6 the total comes out to 18.717ac or 18.838ac respectively. AFTER DECEMBER 10, 1980 TMP FRA 1-01-00-74 Deed Book / Pae Date Parcel Change Y or N Description Acres 744/688 07/30/1982 N All that certain lot or parcel of land containing one acre more particularly 1.00 described on a plat of Hugh F. Simms and TMP 56A1 -01-74C Son, C.L.S., dated February 1955 in DB 319 P 267. 1402/561 05/09/1994 Y All those two (2) certain lots or parcels of land designated on Albemarle County Tax 1.36 Map 56A1-01 as Parcel 74, containing 1.36 TMP 56A1-01-74 ac, more or less, and Parcel 74C, containing 1.01 acre, more or less as shown on a plat 1.01 of physical survey, made by Roger W. Ray TMP 56A1 -01-74C & Assoc. Inc., C.L.S., dated May 2, 1994 attached hereto and recorded herewith. Recorded plat of a revised survey of TMP 56A1-01-74 and 56A1 -01-74C. Parcel 74 is 1.36ac and Parcel 74C is 1.01ac. November 15, 2013 LOD-2013-00022 Page 7 of 7 On the basis of these deeds Tax Map 56A1-01, Parcel 74 is determined to be one parcel of record, containing anywhere between 1.792 and 1.913 acres+i', in two parts; a 1.36 acre portion surveyed in DB 1402 P 561 and a 0.432 or .553 acre portion that is the narrow strip of land varying in width from 30 to 40 feet by approximately 700 feet long. This strip of land will have to be surveyed to obtain a more accurate acreage total. This strip is never described a being a separate piece of land from the original 4.21ac parent parcel (Lot #1) thus is determined to remain with what was the residue of Lot # 1 which today is Tax Map 56A1-01, Parcel 74. When Parcel 74 was sold in DB 649 P 598 the portion of the property that is described above as "the narrow strip of land" was not conveyed with Parcel 74 thus the ownership of "the narrow strip of land" would remain with the heirs of Miriam H. Ashby. It is determined that both portions of land described above are part of one parcel of record but each portion is owned by a different party; Tax Map 56A1-01, Parcel 74 1.36ac owned by John H. Hilker and Jennifer B Hilker (DB 1402 P 561) Approximately .432ac or .553ac (the narrow strip of land) owned by the heirs of Miriam H. Ashby (DB 649 P 598) 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 Francis H. MacCall Principal Planner Enclosure: Map A Copy: Sheila L. Moore, Real Estate Ella Jordan, Clerk of the Board of Supervisors JOHN H JR OR JENNIFER B HILKER 5724 ST GEORGE AVENUE CROZET VA 22932 MAP A LOD 2013-022 056A1-01-00-07400 568-69 O� 568-65 141 3 �C 56-62 Legend (Noate Some items on map may not appear in legend) ��°0O % o -re \1409 O,F N "RESERVED PARCEL B" DB 385 P 423 ©Fa�REs Es,A,oe 568-68 —� ®Po Es,oN 56B-67' " as�re�,�RaasM 1405 Narrow 30' strip 56B-66' " 56-61 5941110 The 30'-40' narrow strip of 1401 A land is part of TMP 056A1-01-00-07400. 56A9 -01--78A a�. T C, Narrow 40' strip. The narrow strip is Variable width near approximated to be between �56A1-01--82 Route 810 along 0.432ac and 0.553ac. branch. This would make Parcel 74 % 56A1-01--78 somewhere between % 1.792ac and 1.913ac 5792 a / / 56A1-01--80 a' 56A1-01--7382 5784 h s10 i TM: 56 tn ;' P,797 ST'�" 56A1-01--74CAk v �p" �O GFS p -5762% o' '" ALF r 13 55cQa h`� �T 5752 �� 4 h �' 56 �73 ♦ o 5763 '" S� 7"42 0 i A l S6 56A1-01--103 * �r 1'318'�Uk!. 57531 �' 'l /� ��� O o56A1-01--74 t, i f 1335irc,' 0 r R 0 �Q � '� 5743 CoQ 24 56A1 -01--73A ., X1.3 ° 56A1 -01--104D7 ^M `56A1-01-1-041309 1306 h� w6 1-01--110 5702' 56A1-01--11 0 5684'•= J -Q �� 150 ft 56A1-01--70 1304 ¢ .., 55.1 sg1-'-- 130Q56A1-41`104A 1307 ^ �y 6641,0 1306 .._ ,STT GEORG E -AVE-- Irs yOF ACBE ��� IIII �p GIS -Web Geographic Data Services �1 _ i56A'1-41`-117A 116 � 56A1 -02 -OA -2 56A1 � -02=0A -3A www.albemarle.org (434)296-5832 56A1�01-14aA56A1-01109 1302 R�,N.P Map is for Display Purposes Only • Aerial Imagery from the Commonwealth of Virginia and Other Sources November 13, 2013