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HomeMy WebLinkAboutLOD200400028 Legacy Document 2014-03-20COUNTY OF ALBEMARLE Department of Community Development 401 McIntire Road, Room 227 Charlottesville, Virginia 22902-4596 Phone (434) 296-5832 Fax (434) 972-4126 October 29, 2004 Stanley S. Watkins 5896 Gordonsville Road Keswick, VA 22947 RE: OFFICIAL DETERMINATION OF DEVELOPMENT RIGHTS - Tax Map 65, Parcel 93 (Property of Stanley S. Watkins, Frederick B. Watkins & Charles C. Watkins) Section 10.3.1 Dear Mr. Watkins: 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 65, Parcel 93 has five (5) development rights. The basis for this determination is summarized as follows: Our records indicate Tax Map 65, Parcel 93 contains 139.13 acres and two dwellings. The property is in the Kinloch Agricultural Forestal District. The most recent recorded instrument for this property is recorded in Deed Book 2600, page 716. This analysis begins with the deed recorded in Deed Book 446, page 506 and dated August 1, 1968. This deed conveyed 140.8 acres from C. C. Kirtley and Dorothy B. Kirtley to Benjamin G. Watkins and Esther K. Watkins. The property is further described as being shown on a plat by Hugh F. Simms and Son, S.A.C., dated June 1950 and recorded in Deed Book 290, page 376. On the basis of this plat, the 140.8 -acre parcel is established as a lot of record as defined in Section 10.3. Deed Book 455, page 135 contains a Deed of Trust that is dated February 18, 1969. This deed encumbered the property of Benjamin G. Watkins and Esther K. Watkins containing 141.36 as shown on an attached plat of William S. Roudabush. The property - - was-further-described-as-being-the-same-pr-oper-ty as-was-eonveved-bv-the-deed -.- i.\nF:PT\RR7C\nAtarmin of Pnrr.P1\R.ri_p3 Watkins rine. N M Stanley S. Watkins October 29, 2004 Page 2 recorded in Deed Book 446, page 506. This transaction had no effect on the legal status of the parcel. The most recent deed for this property recorded prior to December 10, 1980, the date of the adoption of the zoning ordinance is recorded in Deed Book 623, page 100 and is dated June 3, 1977. This deed conveyed 1.67 acres from Benjamin G. Watkins and Esther K. Watkins to Genevieve B. Horween. The 1.67 -acre parcel is shown as Parcel A on a plat of William Roudabush, dated May 19, 1977 and attached to this deed. The parcel is further described as being a portion of the land conveyed to the Grantors by the deed recorded in Deed Book 446, page 506. Parcel A is a strip of land conveyed to Tax Map 49, Parcel 18 for the purpose of widening the access to that parcel. As a result of this transaction, the residue of Parcel 93, is determined to be a lot of record with five (5) development rights. Deed Book 641, page 533 contains a Deed of Trust that is dated February 14, 1978. This deed encumbered the property of Benjamin G. Watkins and Esther K. Watkins. The property is described as being the same as was conveyed by the deed recorded in Deed Book 455, page 1359 less the 1.67 -acre parcel shown on the plat recorded in Deed Book 623, page 102. This transaction had no effect on the legal status or development rights of the parcel. Deed Book 754, page 487, dated December 1, 1982 is a deed of gift between Benjamin G. Watkins and Esther K. Watkins as both Grantors and Grantees. This transaction changed their title to the subject property to a tenancy in common. This transaction had no effect on the legal status or development rights of the parcel. Deed Book 2600, page 716, dated January 31, 2003, conveyed the subject property from Frederick B. Watkins, Stanley S. Watkins and Charles C. Watkins, as Trustees of the Benjamin G. Watkins Family Trust to themselves individually. This transaction had no effect on the legal status or development rights of the parcel. 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 by right. In addition to the development right lots, the parcel may create as many smaller 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 i-%nPPT\Rr7S\no-tarmin of Parnal\RSAR WatkinC rinn Stanley S. Watkins October 29, 2004 Page 3 appeal. An appeal application must be completed and filed along with the fee of $120. The date notice of this determination was given is the same as the date of this letter. If you have any questions, please contact me. Sincerely, ohn Shepherd Manager of Zoning Administration Copies: Gay Carver, Real Estate Department Reading File 65-93 I•\nP:P'nRr7.gknPtPrmin of Pnrr.PI\fi.$i_gR \Natkinc rine.