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Home My WebLink AboutLOD200400030 Legacy Document 2014-03-13C', COUNTY OF ALBEMARLE Department of Community Development 401 McIntire Road, Room 227 Charlottesville, Virginia 229024596 Phone (434) 296-5832 Fax (434) 972-4126 December 10, 2004 Tara Rowan Boyd LeClair Ryan Post Office Box 2017 Charlottesville, VA 22902-2017 RE: OFFICIAL DETERMINATION OF DEVELOPMENT RIGHTS - Tax Map 29, Parcel 33 (Property of Jane A. Scatena, Trustee of the Jane A. Scatena Revocable Trust) Section 10.3.1 Dear Ms. Boyd: 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 29, Parcel 33 contains five (5) development rights. The basis for this determination is provided below. Our records indicate Tax Map 29, Parcel 33 contains 137.98 acres and two dwellings. The property is not in an Agricultural Forestal District. The most recent deed for this property is recorded in Deed Book 2158, page 482. This analysis begins with the deed recorded in Deed Book 193, page 52 and dated March 5, 1926. This deed conveyed 157.47 acres from N. J. Maupin to Guy A. Via. The property is described as a 160.13 -acre parcel less two off -conveyances of 1 acre and 2 acres. The most recent deed for this parcel recorded prior to the adoption of the ordinance, December 10, 1980, is recorded in Deed Book 397, page 90 and is dated April 18, 1964. This deed conveyed 6.66 acres from Guy A. Via and Nella B. Via to Roy L. Bailey. The property is shown on a plat by T. W. Saunders dated January 31, 1964 and further described as being a part of a larger tract containing about 161 cares conveyed to Guy A. Via by the deed recorded in Deed Book 193, page 52. (160.13 — 6.66 = 153.47) On the basis of this deed, it is determined that this parcel, containing an estimated 153.47 acres is a lot of record with five (5) development rights. 1ADEFRBUSTetermin of Parcel\29-33 Scatena.doc Tara Rowan Boyd December 10, 2004 Page 2 Deed Book 864, page 37, dated January 2, 1985, conveyed two parcels in fee simple and easements on five additional portions of Parcel 33 from Roy L. Bailey and Betty D. Bailey to the Rivanna Water and Sewer Authority. These are described as follows: Parcel III: A parcel of 27.724 acres identified as Parcel A on the attached plat by James H. Bell and Thomas D. Blue dated February 22, 1984 and designated as Parcel 33E and 33E1 on Tax Map 29. Parcel IV: A parcel of 28.074 acres identified as Parcel B on the attached plat and designated as Parcel 33F and 33F1 on Tax Map 29. Note that 4.5 acres are derived from Parcel 33A1 and 23.574 acres are derived from Parcel 33. As a result of these two conveyances the residue of Parcel 33 contained an estimated 103.042 acres. (160.13 — 6.66 — 27.724 — [28.074 — 4.5 = 23.574] = 102.172) This deed also conveyed easements on Portions of Parcel 33 that are designated as Parcels C, D, E, F & G on the same attached plat. The deed does not describe the chain of title of these parcels. The plat shows the property to be owned by the Estate of G. A. Via and references Deed Book 193, page 52. The 6.66 -acre parcel owned by Roy Bailey references Deed Book 397, page 90. The 4.5 -acre portion of Parcel B references the plat recorded in Deed Book 239, page 287. That plat is in the file. The Bell & Blue plat did not assign development rights to any of the parcels conveyed to RWSA. These parcels were created for the special purpose of the construction of a reservoir on Buck Mountain Creek. These parcels were not approved as development lots. Substantial portions of these parcels are in the Flood Hazard Overlay District. Therefore, it is determined here that no development rights were conveyed with the 27.724 -acre parcel or the 28.074 -acre parcel. Therefore, the 103.042 -acre residue retained five development rights. Deed Book 1694, page 381, dated March 17, 1998, conveyed five parcels from Roy L. Bailey to Bailey Realty, LLC and Betty Jean Bailey. Among these tracts was PARCEL TWO described as containing 100.302 acres and designated as Parcel 33 on Tax Map 29. This is further described as being a portion of the property conveyed to Roy Bailey by Nella B. Via by the deed dated October 8, 1976 recorded in Deed Book 607, page 100. This reference is incorrect because this deed conveyed Tax Map 17, Parcel 21. This deed is in the file for reference. This transaction has no effect on the status of this parcel or on its development rights. 1ADEPTOCMDetermin of Parcel\29-33 Scatena.doc Tara Rowan Boyd December 10, 2004 Page 3 Deed Book 1837, page 742, dated July 6, 1999, conveyed 100.302 acres from Bailey Realty, LLC to Rex Scatena and Jane Scatena. The property is further described as Tax Map 29, Parcel 33 and as being a portion of the land conveyed to the Grantor by the deed of Roy L. Bailey recorded in Deed Book 1694, page 381. This transaction has no effect on the status of this parcel or on its development rights. Deed Book 1862, page 64, dated September 29, 1999, contains a Certificate of Plat. The plat by Thomas Lincoln, dated August 20, 1999 is identified as a boundary survey of Tax Map 29, Parcel 33. The property is further described as being the same property that was conveyed to Rex Scatena and Jane Scatena by the deed recorded in Deed Book 1837, page 744. The plat calculates the acreage of the property to be 137.982 acres. In her cover letter Tara Rowan Boyd notes, "This is a significant difference from the acreage obtained by subtracting off -conveyances from the original 1926 description (which reproduces a description from an 1877 deed to the property), the chain of title did not reveal a transfer that would explain the discrepancy. It is therefore our opinion that the difference between the acreages contained in the 1999 survey and in the chain of title results from inaccuracies in the deed descriptions of the property and not from any unaccounted for transfer of a portion of the property." There is no indication that the added acreage is associated with a separate parcel with development rights. There is no claim that the added acreage contains development rights. Therefore, it is determined that this survey has no effect on the status of this parcel as being the residue of a single parcel of record or on its development rights. Deed Book 2158, page 480, dated January 21, 2002, conveyed 137.982 acres from Rex Scatena and Jane Scatena to Jane A. Scatena. The property is described as being that shown on a plat by Thomas Lincoln that is recorded in Deed Book 1862, page 65. This transaction has no effect on the status of this parcel or on its development rights. Deed Book 2158, page 482, dated January 21, 2002, conveyed 137.982 acres from Jane Scatena to Jane A. Scatena, Trustee under the Jane A. Scatena Revocable Trust. The property is described as being that shown on a plat by Thomas Lincoln that is recorded in Deed Book 1862, page 65. It is further described as being the same property conveyed to the Grantor by Rex Scatena and Jane Scatena by the deed dated January 21, 2002 and recorded immediately prior here to. This transaction has. no effect on the status of this parcel or on its development rights. This parcel is entitled to the noted development rights if all other applicable regulations can be met. 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 1ADEMBUSTetermin of Parcel\29-33 Scatena.doc Tara Rowan Boyd December 10, 2004 Page 4 by right. In addition to the development right lots, a "parent parcel" may create as many parcels containing a minimum of twenty-one acres as it has land to make. 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 $120.00. 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. Sincerely, John Shepherd Manager of Zoning Administration Copies: Jane A. Scatena P.O. Box 261 Free Union, VA 22940 Gay Carver, Real Estate Department Reading File 29-33 I:\DEPnBCZS\Determin of Parce1\29-33 Scatena.doc