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HomeMy WebLinkAboutLOD200700038 Letter of Determination 2014-04-17COUNTY OF ALBEMARLE Department of Community Development 401 NIcInfire Road, North Wing Charlottesville, Virginia 22902-4596 Phone (434) 296-5832 Fax (434) 972-4126 April 15, 2008 Mr. Brian S. Ray c/o Roger W. Ray & Assoc 1717-1 B Allied Street Charlottesville. VA 22903 RE: OFFICIAL DETERMINATION OF PARCELS AND DEVELOPMENT RIGHTS -- Tax Map 8, Parcel 40 (Property of Gary Wayne Morris) Whitehall Magisterial District Dear Mr. Ray: 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 8, Parcel 40 is two (2) lots of record having five (5) theoretical development rights each. The basis for this determination follows. Our records indicate Tax Map 8, Parcel 40 contains 39 acres and one dwelling. The property is not within an Agricultural and Forestal District. The most recent recorded instrument for this property is recorded in Deed Book 3393, page 655. This analysis begins with the deed of record in Deed Book 149, page 498 that is dated May 7, 1912. This deed conveys 27 acres from George H. Elliott to George Williams, et al. This deed contains a detailed description of the twenty-seven (27) acre tract which corresponds exactly to the exterior boundaries of the plat referenced and attached to that deed. While the plat shows a line depicting two portions, one of 20 acres and one of 7 acres, the line is not described in any fashion and the dimensions of separate lots are neither shown on the plat nor described in the deed. This deed establishes the 27 acre tract as a parcel of record with five (5) theoretical development rights. Deed Book 157 pace 80, dated September 2, 1914, conveyed 27 acres from George & Amanda Williams to W. A. Keyger. The land is described as the same land purchased by George Williams of G. H. Elliott, as described in Deed Book 149, page 498 above. This transaction had no effect on the parcel. Deed Book 168, page 67, dated May 16, 1918, conveyed 27 acres from W. A. Kevqer, Trustee to William Frazier. The property is described as being the same as was Key - conveyed by Deed Book 157, page 80. This transaction had no effect on the parcel. ',,DEPT\Co­, ty D­iopma,t2,­g & Cirrent Developmen't Divsion\Determinaticns of ParceP2COT18-4c LCD 2007-0,38 tVicros d.. Deed Book 192, page 81, dated January 1, 1926, conveyed 17 acres, more or less from George H. Elliott to J. W. Frazier, J. VV, Frazier being the same person as William Frazier in the aforementioned deed. This deed establishes the 17 acre tract as a parcel of record with five (5) theoretical development rights, Deed Book 239, page 240, dated March 29, 1938, conveyed 27 acres and 17 acres from J. W. Frazier & Carrie Frazier, his wife to W. H. Shiflett & Althia Shiflett, his wife. The 27 acre property is described as being the same as was conveyed by Deed Book 168, page 67. The 17 acre property is described as being the same as was conveyed by Deed Book 192, page 81. This transaction had no effect on the parcels. Deed Book 402, page 219, dated October 23, 1964, conveyed five acres off of the 27 acre tract from William Henry (W. H.) & Althia Shiflett, husband and wife, to John W. & Nancy B. Sacre, husband and wife. The property is described as being a portion of the same property as was conveyed by Deed Book 239, page 240- This transaction had no effect on the parcels. The most recent instrument for these parcels, recorded prior to the adoption of the Zoning Ordinance, December 10, 1980, is recorded in Deed Book 515, page 204, and is dated September 27, 1972. The deed conveyed two tracts totaling 44 acres conveyed in Deed Book 239, page 240, less 5 acres conveyed in Deed Book 402, page 219, now known as Tax Map 8, Parcel 40, from Althia Shifflett (sic), a widow, to Albright & Hazel Morris, husband and wife and Jerome & Emma May Morris, husband and wife. Based on this deed, Tax Map 8, Parcel 40 is determined to be two parcels of record with five (5) development rights each for a total of 10 theoretical development rights. Deed Book 3173 , page 476, dated March 8, 2006, conveyed part interest in 39 acres from Jerome & Emma May Morris, husband and wife to Gary Wayne Morris, Jerome Ray Morris and Imogene Faith Morris, The property is described as being the same as was conveyed by Deed Book 515, page 204. This transaction had no effect on the parcels. Deed Book 3177 , page 338, dated March 8, 2006, conveyed part interest in 39 acres from Albright Morris to Gary Wayne Morris, Jerome Ray Morris and Imogene Faith Morris. The property is described as being the same as was conveyed by Deed Book 515, page 204. This transaction had no effect on the parcels. Deed Book 3377, page 743, dated March 2, 2007, conveyed part interest in 39 acres from Hazel S. Walker, formerly know as Hazel Morris to Catherine Lee Morris. The property is described as being the same as was conveyed by Deed Book 515, page 204. This transaction had no effect on the parcels. Deed Book 3393 , page 652, dated April 2, 2007, conveyed part interest in 39 acres from Imogene Faith Morris to Gary Wayne Morris, The property is described as being the same as was conveyed by Deed Book 3173, page 476 and Deed Book 3177, page 338. This transaction had no effect on the parcels. Deed Book 3393, page 655, dated April 2, 2007, conveyed part interest in 39 acres from Jerome Ray Morris to Gary Wayne Morris. The property is described as being the same as was conveyed by Deed Book 3173, page 476 and Deed Book 3177, page 338. This transaction had no effect on the parcels, 1 \DEPT\Community DeveloomentZonmg & Current DevefonmRnf Dvision%Determmattons of Parce02007of-40 LCD 2007-038 2 Mo'ns'doc 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 parcel 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. 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-afly- uestions, please contact me. Sincerely, �,,Id L. Higgins. A3 Chief of Zoning Copy: Gay Carver, Real Estate Supervisor Ella Jordan, Clerk of the Board of Supervisors Gary W. Morris & Catherine Lee Morris 1 DEPT,-_omm,,mfty Deve:opont'ZonmC & Cu;,ern Development D,v?si0m.De'erm.­tors of Pance!%2007 8-40 LOD 2007-038 Moms J.c .� - — -- -- 14 2 h�rr I. �. 31,T v4� 24 f n 3H ; MA E 22 26 32 3 ,� B-5 29B 35 J�° 8-7 54 34C ut 1746 -.. _ 2' _. .,.." 34 34, 34� 9 ' i uoX 49 43 37 43 1-41 z t; 8-41 a i t 4a 47A &� g 5, —' 7. 8-48 3_ :a 45 47 33 48F i� ? S7, 1 tis fi- 2 *'fats N t6h 519. v z. � SC2 .r-3 , `5�.]�.. 4i E'i. _ 15Ar i7-Z q F1 O" 7 2 4 r 7.3'S c,3 .. m � s J.L'�,� r _ 1 0i6 — `�� Tax (dap: Albemarle County oo,9 4EZ•=. ,i 4 ROGER W. RAY & ASSOC., INC. 1717-1 B ALLIED STREET CHARLOTTESVILLE, VIRGINIA 22903 TELEPHONE: (434) 293-3195 FAX NUMBER: (434) 293-4202 E-MAIL: RWRINC@EARTHLINK.NET Brian S. Ray, LS Roger W. Ray, LS Bill Fritz Albemarle County Zoning Department 401 McIntire Road Charlottesville, Virginia 22903 Dear Mr. Fritz: Land Surveyors Land Planners November 6, 2007 The first deed prior to December 10, 1980, was dated September 27, 1972, and recorded in D.B. 515 page 204. This deed lists this property as being 39 acres, which is the remainder of 44 acres comprised of two tracts after a five acre off -conveyance. .The five acres was conveyed by deed dated October 23, 1964, and recorded in D.B. 402 page 219, with the plat being on page 221. Prior to the five acre off -conveyance, the 44 acre parcel was conveyed by deed dated March 29, 1938, recorded in D.B. 239 page 240. This deed lists the parcel as two tracts. Tract (1): 27 acres conveyed in D.B. 168 page 67. Tract (2): 17 acres conveyed in D.B. 192 page.81. The description of the 17 acre parcel in D.B. 192 page 81 gives no metes and bounds, however by the adjoining owners given; we were able to determine its approximate location. The 27 acre parcel conveyed in D.B. 168 page 67 was sold by a trustee's sale. Prior to this, the parcel was conveyed in D.B. 149 page 498 with a plat attached. This plat shows the parcel as being comprised of two tracts: 20 acres and 7 acres. The most recent deed conveying the property now known as Tax Map 8 Parcel 40 is dated April 2, 2007 and recorded in Deed Book 3393 at page 655. In this deed, Parcel 40 on Tax Map 8 is listed as 39 acres. This same description is used in all previous deeds after December 10, 1980 (D.B. 3393- 652, D.B. 3377-743, D.B. 3177-338, and D.B. 3173-476). These were deeds conveying partial interest in the property. As a result of these deeds Gary Wayne Morris obtained a 75% interest in the property and Catherine Lee Morris obtained a 25% interest. Therefore, Tax Map 8 Parcel 40 is comprised of three parcels, two of which are shown on plat recorded with a deed recorded in D.B. 149 page 498 and the third is described in D.B. 192 page 81. The 7 acre tract is outlined in yellow, the 20 acre tract is outlined in blue, and the 17 acre tract is outlined in orange. (The five acre off -conveyance is outlined in red.) We believe that on December 10, 1980, Tax Map 8 Parcel 40 consisted of 3 parcels of record and that no act has been taken since that date to combine these parcels. If you have any questions, or need additional information, please do not hesitate to call. Respectfully, Brian S. Ray, LS ROGER W. RAY & ASSOC., INC. 1717-1 B ALLIED STREET CHARLOTTESVILLE, VIRGINIA 22903 TELEPHONE: (434) 293-3195 FAX NUMBER: (434) 293-4202 E-MAIL: RWRINC@EARTHLINK.NET Brian S. Ray, LS Roger W. Ray, LS Bill Fritz Albemarle County Zoning Department 401 McIntire Road Charlottesville, Virginia 22903 Dear Mr. Fritz: Please find enclosed the following: 1. A letter explaining the assumed number of parcels. Land Surveyors Land Planners November 6, 2007 2. An application for PARCEL OF RECORD DETERMINATION AND OR DEVELOPMENT RIGHTS DETERMINATION. 3. Submittal requirements: A. Item #1: "A copy of Tax Map Section 8 showing Parcel 40". B. Item #2: "Last instrument of record in the Clerk's Office of the Circuit Court of Albemarle County, Virginia on or prior to December 10, 1980 that includes a plat or metes and bounds description of the property". C. Item #3: "All plats and/or deeds of record after December 10, 1980, UP UNTIL THE PRESENT DATE". D. Item #4: "Other pertinent information": A copy of a Tax Map we believe to be prior to 1980, which shows the 17ac tract. In the 1980 Tax Maps, this tract is no longer shown. Our client has requested your review and determination of this information at your earliest convenience. Thank you for your assistance in this matter. If you have any questions, please do not hesitate to call. Respectfully, Brian S. Ray, LS Application for Parcel of Record Determination and or Development is Determination ©Parcel of Record = $75 ❑ Development Rights = $40 Project Name: Tax map and parcel(s): �Th'� g — )4d Magisterial District: bd2. (' o%.) ( Zoning: RA Contact Person (Who should we call/write concerning this project?): '�oggr W, d Assac , C/0 8r ;an S 1�0.1d ,I V Address 17 7 " �b Allied S�City _ Cl�arlohL illi State VPS 'Zip ZZ 903 Daytime Phone'i( 3q) Z93 - 3195 Fax #Q y( 3-/�++) 293 -1-}Z0Z E-mail_ �^wr ir1G np 0uy`i �in{c {•1Q �- Owner of Record aitru I Jau rw_ mor('i 5 (� l.a,V6ri nV MorriS v Address Jr�I cell City. 3&P7arc/5ViJ(e State V/4 Zip ,Z 7,973 Daytime Phone ('f3`i) 995- (0665 Fax # L__) E-mail Applicant (Who is the Contact person representing?): S&,,,,� CIS ocg&gr of recd Address City State Zip Daytime Phone C___) Fax # E-mail Submittal Requirements 1. Tax Map Page 2. Last Instrument of record in the Clerk's Office of the Circuit Court of Albemarle County, Virginia on or prior to December 10, 1980 that includes a plat or metes and bounds description of the property. (Highlight or underline references to the subject property). 3. All plats and deeds of record after December 10, 1980, UP UNTIL THE PRESENT DATE. (Highlight or underline references to the subject property). 4. Any other pertinent information. 5. Cover letter stating the assumed number of parcels and development rights, with explanation of same. A fee is required for each separate parcel shown on the tax map. % 7 Signature of wner Date —La PW �J Print Name IDaytime phone number of Signatory FOR OFFICE USE ONLY LOD # Fee Amount $ , U� Date Paid 0-1NullaBy who? VkQ 3 Receipt # Cly# % B County of Albemarle Department of Community Development 401 McIntire Road Charlottesville, VA 22902 Voice: (434) 296-5832 Fax: (434) 972-4126 511106 Page 1 of 1