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Home My WebLink AboutLOD200600009 Legacy Document 2014-03-20U F �IRGtN1P COUNTY OF ALBEMARLE Department of Community Development 401 McIntire Road, Room 227 Charlottesville, Virginia 22902-4596 Phone (434) 296-5832 Fax (434) 972-4126 May 16, 2006 Bob Hughes 820 East High Street, Suite A Charlottesville, VA 22902 RE: OFFICIAL DETERMINATION OF DEVELOPMENT RIGHTS -- Tax Map 71, Parcel 38 (Property of Marybess McCray Johnson, Sole Trustee of Marybess McCray Johnson Trust) Section 10.3.1 Dear Mr. Hughes: 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 71, Parcel 38 has three (3) theoretical development rights. The basis for this determination follows. Our records indicate Tax Map 71, Parcel 38 contains 102.125 acres and two dwellings. The property is not in an Agricultural and Forestal District. The most recent recorded instrument for this property is recorded in Deed Book 1951, page 17. This analysis begins with the deed of record in Deed Book 177, page 309 that is dated September 26, 1921. This deed conveyed 175 acres from Leslie Vickers and Mrs. Louise Lathrop Vickers to A. J. Gann and Mrs. Zilla Joyce Gann. The property is described as being situated near Hillsboro and as being known as Glenmore. The property is further described by reference to Deed Book 169, page 28. The land book in the County Real Estate Department carried this property as containing 171.25 acres. Deed Book 429, page 68 contains a certificate of a taking, dated April 19, 1967, of 1.11 acres from the Heirs at Law of A. J. Gann and Zilla Joyce Gann for the construction of Route 64. As a result of this transaction the County Real Estate records state that the acreage is 170.140 acres. The most recent instrument for this parcel recorded prior to the adoption of the Zoning Ordinance, December 10, 1980, is recorded in Deed Book 539, page 53 and dated August 28, 1973. The deed conveyed 5.015 acres from Peter M. Gann and Rachel W. - - - - .. . . ----- n----- .I_t- - A n--- AII:_ uann, t5eaince Q -J. 1V1u%aau1cy, GU IJUI I VAI III CII IU LU%,y v, vcai a 11 vvi u 1 vFAI u I I 1 %11 - Gann Hawkins, Sue Gann Tilman and P. B. Tilman to Louis S. Eaton and Susan E. Eaton. The property is described as being a portion of the larger tract conveyed by the deed of record in Deed Book 177, page 309. As a result of this transaction the County I:\DEFRBCZS\Determin of Parcel\2006\71-38 Johnson LOD 2006-9.doc Bob Hughes May 16, 2006 Page 2 Real Estate records state the acreage to be 165.125 acres. The 5.015 -acre parcel is designated as TM -55-96A. As a result of this transaction the 165.125 -acre parcel is determined to be a parcel of record with five (5) development rights. Deed Book 1062, page 142, dated August 9, 1989, conveyed 165.125 acres from Rena Ferguson, individually and as Executor of the Estate of Peter M. Gann and Wilbert Ferguson to Joyce G. Rush. The property is described as containing 175 acres, more or less, known as Castlewood Farm, LESS AND EXCEPT 5.015 acres described by reference to Deed Book 539, page 53. This transaction had no effect on the development rights of the residue of the property. Deed Book 1110, page 620, dated June 25, 1990, conveyed property from Paul B. Tilman, Jr. and Alice May Tilman, Joy T. Clark, Cullen B. Tilman, Lucy D. Gann, Joyce G. Rush, P. Waldo Hawkins, E. Beverly Hawkins, Madeline H. Joyce, Ernestine H. Chapman, Michael I. Hawkins, Gary N. Hawkins, Rudolph O. Hawkins and Mark A. Hawkins to Marybess McCray Johnson and Harry C. McCray, Jr. The property is described as fronting Route 689, now known as Castlewood Farm being shown as Parcel 38 on Tax Map 71 and being all the remaining portion of the property conveyed by the deed of record in Deed Book 177, page 309. This transaction had no effect on the development rights of the 165.125 -acre property. Deed Book 1836, page 468 contains a Declaration of Covenants and Restrictions, dated April 1, 1999, made by Marybess McCray Johnson and Harry C. McCray, Jr. The subject property, containing 21 acres is shown on a plat by Roger W. Ray and Assoc., Inc., dated April 19, 1999. The deed describes the parcel as being a portion of the land conveyed by the deed of record in Deed Book 1110, page 620. The plat notes that the residue retains all five development rights. The residue is shown to contain 144.125 acres.according to tax records. As a result of this transaction, Tax Map 71, Parcel 38 contained 144.125 acres and five development rights. Deed Book 1881, page 343, contains a Designation of Trustee, dated December 17, 1999. This instrument designated Marybess McCray Johnson as the sole trustee of the Marybess McCray Johnson Trust under agreement dated June 1, 1981 as amended and restated on June 29, 1999. This transaction had no effect on the development rights of the property. Deed Book 1951, page 17, dated August 28, 2000, conveyed 42 acres from Marybess M. Johnson, Trustee of the Marybess McCray Johnson Trust to J. Rucker McCarty and Frances L. McCarty. The 42 -acre tract is shown on a plat by Roger W. Ray and Assoc., Inc., dated May 23, 2000. The plat notes that the residue retains three (3) development rights, that when used may not total more than 18.6 acres. The residue is shown" to contain 101.125 acres. As a result of this transaction, Tax Map 71, Parcel 38 contains 101.125 acres and three (3) development rights. The parcel is 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 I:\DEPT\BCZS\Determin of Parcel\2006\71-38 Johnson LOD 2006-9.doc Bob Hughes May 16, 2006 Page 3 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 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. 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 Copy: Gay Carver, Real Estate Supervisor Marybess McCray Johnson 1073 Black Cat Road Keswick, VA 22747 I:\DEP-MCMDetermin of Parcel\2006\71-38 Johnson LOD 2006-9.doc