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Home My WebLink AboutLOD200600007 Legacy Document 2014-03-20O U 6�6 �'IRGINIP COUNTY OF ALBEMARLE Department of Community Development 401 McIntire Road, Room 227 Charlottesville, Virginia 22902-4596 Phone (434) 296-5832 Fax (434) 972-4126 April 24, 2006 David Bowerman 690 Berkmar Circle Charlottesville, VA 22901 RE: OFFICIAL DETERMINATION OF PARCELS AND DEVELOPMENT RIGHTS -- Tax Map 93, Parcels 19 and 20 (Property of Rhonda L. Rogers) Section 10.3.1 Dear Mr. Bowerman: 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 93, Parcel 19, containing 5.0 acres, is a parcel of record with two theoretical development rights. Tax Map 93, Parcel 20, containing 28.14 acres, has seven (7) theoretical development rights. Two of these development rights are associated with the original Parcel 20, containing 5.178 -acres. Five of these development rights are associated with the original Parcel 21, containing 22.96 acres. The basis for this determination follows. Our records indicate Tax Map 93, Parcel 19 contains 5.000 acres and zero dwellings. The property is not in an Agricultural and Forestal District. The most recent recorded instrument for this property is recorded in Deed Book 2512, page 697. Our records indicate Tax Map 93, Parcel 20 contains 28.140 acres and one dwelling. The property is not in an Agricultural and Forestal District. The most recent recorded instrument for this property is recorded in Deed Book 2694, page 170. Original Parcel 19 and Parcel 20 on the 1979 Tax Map 93 This analysis begins with the deed of record in Deed Book 358, page 270 that is dated March 31, 1960. This deed conveyed 10.25 acres from E.V. Walker and W.I. Walker, Trustees to Cecil B. P. East and Harriett East. The property is described as being two tracts, as follows: Tract 1- 5.25 acres: The property is described as that shown on an unrecorded plat by -M -M .Van-Doren—Surveyor,—dated--April 19, 1 -93 -5 -and -by -reference to— Deed Book 234, page 328.The plat is attached to this deed. I:\DEPT\BCZS\Determin of Parcel\93-19 & 20 Rogers LOD 2006-007.doc David Bowerman April 24, 2006 Page 2 Tract II- 5 acres: This parcel is described by reference to a plat by J.T.E. Simms of record in Deed Book 103, page 443. This deed established these two tracts as separate parcels of record. The most recent instrument for this parcel recorded prior to the adoption of the Zoning Ordinance, December 10, 1980 is recorded in Deed Book 419, page 479 and dated May 5, 1966. This deed conveyed 10.25 acres from Cecil B. P. East and Harriett East to Lester M. Hensley and Mary C. Hensley. The property is described as being the same as was conveyed by the deed of record in Deed Book 358, page 270. The 5 -acre parcel is identified as Parcel 19 and the 5.25 -acre parcel is identified as Parcel 20 on the 1979 tax map. On the basis of this deed the 5.0 -acre parcel is determined to be parcel of record with two (2) development rights and the 5.25 -acre parcel is determined to be parcel of record with two (2) development rights. Deed Book 607, page 306 contains a Deed of Trust between Lester M. Hensley and Mary C. Hensley (borrower) and Marion V. Baker, Trustee.. This instrument encumbered 5.178 acres that are described as a portion of the land conveyed by the deed in Deed Book 41.9, page 479. This deed contains a plat by R. O. Snow & Associates revised on July 16, 1976. The plat references Deed Book 358, page 270 & Deed Book 234, page 328 and identifies the parcel as Tax Map 93, Parcel 20. The R. O. Snow plat shows the same parcel as the plat in Deed Book 258, page 270. This transaction had no effect on the status of the 5.0 -acre parcel or the original 5.25 - acre parcel. Deed Book 1954, page 116, dated September 13, 2000, conveyed 10.25 acres from Edward H. Bain, Jr., Administrator of the Estate of Lester M. Hensley to Rhonda L. Rogers and Vickie E. Rogers. The property is described as being the same as was conveyed by the deed of record in Deed Book 419, page 479. This transaction had no effect on the status of the 5.0 -acre parcel or the original 5.25 -acre parcel. Deed Book 2315, page 477, dated November 6, 2002, conveyed the interest of Vickie E. Rogers as joint tenant in 10.25 acres to Rhonda L. Rogers. The property is described as being the same as was conveyed by the deed of record in Deed Book 1954, page 116. This transaction had no effect on the status of the 5.0 -acre parcel or the original 5.25 -acre parcel. Deed Book 2512, page 697, dated July 2, 2003, conveyed 10.25 acres from Rhonda Rogers to Rhonda L. Rogers and Justin Sorrels. The property is described as being the same as was conveyed by the deed of record in Deed Book 2315, page 477. This transaction had no effect on the status of the 5.0 -acre parcel or the original 5.25 - acre parcel. O This analysis begins with the deed of record in Deed Book 113, page 395 that is dated March 29, 1899. This deed conveyed a tract known as the John Green lot from T. E. I:\DEPnBCZS\Determin of Parcel\93-19 & 20 Rogers LOD 2006-007.doc David Bowerman April 24, 2006 Page 3 Wilhoit and M.M. Wilhoit to John Burton. The size of the tract is not specified in the deed. Deed Book 234, page 328, dated January 26, 1937, conveyed 5.25 acres from John Burton and Pearl Burton to Ellen Winston. This deed is referenced in Deed Book 358, page 270 which is described above. Deed Book 340, page 489, dated March 23, 1958, conveyed 3 acres from Magdlene Burton Clark & Gene Clark, Helen Burton Smith & Nathanial Smith, Lewis Burton, Rosa Lee Porter & Joseph Porter, Lucy Burton Yates & George Yates, Ellen Burton Winston & Dan A. Winston and Haywood Burton to Phillip H. Yates & Doris E. Yates and Bruce D. Reynolds, Jr., Trustee and George Gilmer. The property is shown on a plat by William S. Roudabush that is dated March 17, 1958. It is further described as being a portion of the property conveyed by the deed of record in Deed Book 113, page 395. Deed Book 349, page 467, dated March 31, 1959, conveyed 3.258 acres from Magdlene Burton Clark & Gene Clark, Helen Burton Smith & Nathanial Smith, Lewis Burton, Rosa Lee Porter & Joseph Porter, Lucy Burton Yates & George Yates, Ellen Burton Winston & Dan A. Winston, Haywood Burton and James Burton to George F. Winston & Odell F. Winston and Bruce D. Reynolds, Jr., Trustee and George Gilmer. The property is shown on a plat by William S. Roudabush that is dated May 12, 1959. It is further described as being a portion of the property conveyed by the deed of record in Deed Book 113, page 395. The most recent instrument for this parcel recorded prior to the adoption of the Zoning Ordinance, December 10, 1980 is recorded in Deed Book, 373.page 215 and dated October 20, 1961. This deed conveyed a strip of land from Richard F. Holladay & Elizabeth W. Holladay, W. R. Franke & Joan R. Franke, Haywood Burton, George F. Winston & Odell F. Winston, Phillip H. Yates & Doris E. Yates, W. D. Haden Estate by Martha Schell, Trustee, George D. Yates, Jr. & Lucy M. Yates to the Commonwealth of Virginia. Neither the area of the strip or the location of the strip is specified in the deed. On the basis of this deed the residue of the parcel conveyed by the -deed of record in Deed Book 113, page 395 is a parcel of record with five (5) development rights. Deed Book 1971, page 703, dated July 6, 1995, conveyed a parcel from George Yates, Lewis Burton, Annie Burton Green, James Burton, Helen Smith & Nathanial Smith, Magdlene Burton, John Burton, Jr., Ernest Hearns, Rebecca Hearns, Floyd Hearns, Ernest Hearns, Jr. & Elizabeth Hearns, Donna Lynn Hearns, Teresa Hearns, Gregory Burton, Ernest L. Burton & Carolyn Burton to Robert Lee Green, Jr. The property is described as containing 53 % acres as conveyed by the deed of record in Deed Book 113, page 395, Less and except therefrom the following off -conveyances: 5'l4 acres by deed recorded .in Deed Book 234; page 328; 3 acres by the deed in Deed Book 340, -nar,P_4aa•_325-8_acr_e_s_b_v_the deed in Deed Book 349,_page 467 and a strip of land by - - deed in Deed Book 373, page 215. The deed does not specify the area of the parcel. This transaction had no effect on the development rights of the parcel. I:\DEFRBCMDetermin of Parcel\93-19 & 20 Rogers LOD 2006-007.doc David Bowerman April 24, 2006 Page 4 Original Parcel 20 and a portion of original Parcel 21 Deed Book 2516, page 55, dated June 24, 2003, pursuant to the order recorded in Order Book 191, page 50, conveyed 22.96 acres from John A. Dezio, Special Commissioner to Rhonda Lynn Rogers and 21.66 acres to Robert Lee Green, Jr. These two parcels are shown on a plat by Robert L. Lum, dated January 20, 2003. The 21.66 - acre tract is the residue of Tax Map 93, Parcel 21. The 22.96 -acre tract is identified as Lot X. The plat notes that five development rights remain with Lot X. The plat combines Lot X with Tax Map 93, Parcel 20. As a result of this transaction Parcel 20 contains 28.14 acres and seven development rights. Five of the development rights are associated with Lot X. Two development rights are associated with the original Parcel 20, shown to contain 5,178 acres., Deed Book 2694, page 170, dated February 19, 2004, conveyed 22.96 acres from Rhonda Lynn Rogers to Rhonda Lynn Rogers. and Justin Sorrels. The property is described as being the same as was conveyed by the deed of record in Deed Book 2516, page 55. This transaction had no effect on the development rights of the parcel. The parcels are 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 parcels 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. 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 Rhond-a-L-ynn-Rogers Justin Sorrels 2662 Milton Road Charlottesville, VA 22902 I:\DEP-RBCZS\Determin of Parcei\93-19 & 20 Rogers LOD 2006-007.doc