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HomeMy WebLinkAboutLOD200300001 Legacy Document 2014-10-15April 1, 2003 Brian Ray Roger Ray & Assoc., Inc. 1717-1 B Allied Street Charlottesville, VA 22903 RE: OFFICIAL DETERMINATION OF PARCELS AND DEVELOPMENT RIGHTS - Tax Map 9, Parcels 12, 29, 30, 31, 32 and 33 (Property of Mary Jane Chisholm, Trustee) Tax Map 9, Parcel 30 (Property of Edward, Paul or Ruth Knight) 10.3.1 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 9, Parcels 29, 30, 31 & 33 are each single parcels of record. Parcel 12 is comprised of three separate parcels of record. Parcel 32 is comprised of five separate parcels of record. The development rights associated with each parcel are indicated on the chart. The bracketed numbers refer to separate parcels shown on the attached key. TM/P PARCELS OF RECORD ACREAGE +/- DEV. RIGHTS 9/12 Ill 130.6 5 2 37.0 5 [31 2.8 1 9/29 4 81.75 5 9/30 [51 15.2 2 9/31 [61 5.25 2 9/32 7 32.0 5 [81 65 5 191 75 5 10&11] 85 5 12 19 5 9/33 [131 24.75 5 C:\inetpub\wwwroot\cityviewlazerfiche_integration\tempdocholder\15476.doc Chisholm Trust April 1, 2003 Page 2 Our records indicate Tax Map 9, Parcel 12 contains 167.50 acres and no dwellings. The property is not in an Agricultural Forestal District. The most recent deed for this property is recorded in Deed Book 1720, page 377. Our records indicate Tax Map 9, Parcel 29 contains 81.75 acres and one dwelling. The property is not in an Agricultural Forestal District. The most recent deed for this property is recorded in Deed Book 1720, page 377. Our records indicate Tax Map 9, Parcel 30 contains 15.2 acres and one dwelling. The property is not in an Agricultural Forestal District. The most recent deed for this property is recorded in Deed Book 928, page 606. Our records indicate Tax Map 9, Parcel 31 contains 5.25 acres and no dwellings. The property is not in an Agricultural Forestal District. The most recent deed for this property is recorded in Deed Book 1720, page 377. Our records indicate Tax Map 9, Parcel 32 contains 276.87 acres and one dwellings. The property is not in an Agricultural Forestal District. The most recent deed for this property is recorded in Deed Book 1720, page 377. Our records indicate Tax Map 9, Parcel 33 contains 24.75 acres and no dwellings. The property is not in an Agricultural Forestal District. The most recent deed for this property is recorded in Deed Book 1720, page 377. The basis for this determination is summarized as follows, beginning with parcel 12. Tax Map 9, Parcel 12 shown on the key as [11, [21 & [31 Deed Book 315, page 139, dated February 17, 1955, conveyed land aggregating 170.40 acres from John P. Spaulding & Elsie N. Spaulding to S.D. Forbes, Inc. The real estate is described below. The three tracts are now shown on Tax Map 9 as a single tract identified as Parcel 12. TRACT NO. 1: A tract containing 130.60 acres, more or less, being adjacent to and southwest of the other two parcels conveyed herein. [1] TRACT NO. 2: A tract containing 37 acres, more or less, being adjacent to and northeast of the other two parcels conveyed herein. [2] C:\inetpub\wwwroot\cityviewlazerfiche_integration\tempdocholder\15476.doc Chisholm Trust April 1, 2003 Page 3 The above two tracts are the same property conveyed to the Grantor by the deed recorded in Deed Book 265, page 397. TRACT NO. 3: A tract containing 2.80 acres, more or less, being a wedged shaped parcel situated between the other two tracts herein conveyed. [3] Deed Book 335, page 20, dated September 18, 1957, conveyed 167.5 acres from Forbes Garden Supply, Inc. (formerly S. D. Forbes, Inc.) to West Virginia Pulp and Paper Company. The property is described as consisting of three contiguous tracts aggregating 167.5 acres, more or less, as shown on a plat by T. W. Saunders, S.N.C. dated September, 1957 and attached to this deed and being in all respects the same property conveyed by the deed recorded in Deed Book 315, page 139. The deed states that it is the intention of the grantor to convey the entire property acquired by the deed which recites the acreage as 170.40 acres, which amount has since been determined to be slightly in error as is indicated by the Saunders plat. [1] [2] [3] The plat shows the perimeter only of the property and numbers the tracts 1, 2 and 3. The internal lines showing the bounds of the three separate parcels are not shown on the plat. Based on the deed description of this property as three contiguous tracts and the reference to the description of the property in Deed Book 315, page 139, it is determined that Parcel 12 is comprised of three separate parcels as described herein and shown as [1 ] [2] [3] on the map key. Tax Map 9, Parcel 29 shown on the key as [41 Deed Book 208, page 209, dated April 8, 1930, conveyed 31 acres from Mrs. Pearl Shifflett to J. M. Knight. The parcel is described as a portion of the land acquired by Mrs. Pearle Shifflett by deed dated March 24, 1930 and recorded in the current deed book just prior to this deed. That parcel contained 113 acres. As a result of this transaction, the residue contained 82 acres. The 82 -acre parcel is shown on Tax Map 9 as Parcel 29 and is labeled as [4] on the key. The 31- acre parcel is shown on Tax Map 9 as Parcels 30, 30A and 30B. Parcel 30 is labeled as [5] on the key. Deed Book 418, page 538, dated June 15, 1966, conveyed 81.75 acres from James J. Shifflett & Upsie Shifflett to E. Morris Chisholm. The property is described as being all of a tract of 112.75 acres described in a deed recorded in Deed Book 193, page 170, excepting a tract of 31 acres conveyed off and described in a deed recorded in Deed Book 208, page 209. On the basis of this deed, Tax Map 9, Parcel 29 is determined to be a parcel of record. Copies of the deeds that establish the chain of title back to Deed Book 193, page 170 are in the file. C:\inetpub\wwwroot\cityviewlazerfiche_i ntegration\tem pdocholder\15476.doc Chisholm Trust April 1, 2003 Page 4 Tax Map 9, Parcel 30 shown on the key as [51 Deed Book 244, page 242, dated September 21, 1939, conveyed 31 acres from J. M. Knight to William L. Knight & Ethel F. Knight. The property is described as lying on the West side of Simmons Gap Road adjacent to the lands of Robert Ham, Jake Ham and others. It is further identified as being the same tract that was conveyed in Deed Book 208, page 209. Deed Book 246, page 295, dated May 7, 1940, conveyed 31 acres from William L. Knight & Ethel F. Knight to James F. Knight & Maggie Knight. The property is described as lying on the West side of Simmons Gap Road adjacent to the lands of Robert Ham, Jake Ham and others. A more complete description is in Deed Book 244, page 242. On the basis of this deed, what are now shown on Tax Map 9, Parcels 30, 30A and 30B are determined to have been a single parcel of record on the date of the adoption of the ordinance. [5] Tax Map 9, Parcel 31, shown on the key as [61 Deed Book 86, page 404, June 10, 1886, conveyed 113 acres from Leah Cox to M. O. Cox. The property is described as being on the public road from Earlysville to Nortonsville containing 88'/4 acres. Also, one other lot or parcel of timberland containing 24 3/4 acres, adjoining Geo. Wm. Cox, Dr. J. S. Richards and others. The 88'/4 parcel is comprised of [6] & [9] on the map key. The 24 3/4 acre parcel is [13] on the map key. Deed Book 266, page 273, dated January 4, 1946, conveyed a joint life estate from Clarance Cox to Vessie Smith Cox in two parcels described as follows: Parcel No. One: All of two certain lots or parcels of land adjoining M. O. Cox, Wilhoit and others, being a portion of the 420 acres owned by Leah Cox and surveyed by J. T. E. Simms in October 1884, and containing in the aggregate 97 acres, more or less. [7] & [8] Parcel No. Two: A certain lot or parcel of land adjoining the lands of Mrs. O. H. Via, Ira G. Woods and others. The parcel conveyed is supposed to contain 75 acres, be the same more or less, it being a portion of 88'/4 acres on the south side of Nortonsville Road [9] and the balance of 88'/4 on north side [6]. Deed Book 277, page 355, dated January 7, 1948, conveyed certain lots or parcels from Clarence Cox & Vessie Smith Cox to O. N. Davis. The property is more particularly described in part as: C:\inetpub\wwwroot\cityviewlazerfiche_i ntegration\tem pdocholder\15476.doc Chisholm Trust April 1, 2003 Page 5 Parcel No. One: All of two certain lots or parcels of land adjoining M. O. Cox, Wilhoit and others, being a portion of the 420 acres owned by Leah Cox and surveyed by J. T. E. Simms in October 1884, and containing in the aggregate 97 acres, more or less. [7] & [8] Parcel No. Two: A certain lot or parcel of land adjoining the lands of Mrs. O. H. Via, Ira G. Woods and others... The parcel of land above conveyed is supposed to contain 75 acres, be the same more or less, it being a portion of 88'/4 acres on the south side of Nortonsville Road and the balance of 88'/4 on north side, being the same land as was conveyed by the deed recorded in Deed Book 266, page 273. [9] One would assume that the residue of this transaction contained approximately 13.5 acres. This parcel is shown on Tax Map 9 as Parcel 31 and is labeled [6] on the key. On the basis of this deed, the residue of the 88'/4 acre parcel, identified as Parcel 31 on Tax Map 9 is determined to be a parcel of record. Based on the descriptions of the property contained in the deeds, one would assume the property contains 13'/2 acres. However, County records indicate the property contains 5'/2 acres. This discrepancy has not been resolved. This parcel is labeled [6] on the key. Deed Book 408, page 287, dated April 8, 1965, conveyed a perpetual construction and maintenance easement from the Estate of M. O. Cox to the Commonwealth of Virginia. Tax Map 9, Parcel 32 shown on the key as [71, [81, [91, [101,[111 & [121 Deed Book 86, page 296, dated May 18, 1886, conveyed 105 acres from Leah Cox to Margaret Estelle Via. The property is described as being all of that tract or parcel of land being and lying on Beaver Dam Creek in Albemarle County adjoining John F. Cox and others, also one other lot of timberland adjoining same lot containing 19 acres. This is a portion of the 420 acres shown on the plat of J.T.E. Simms dated October 1884. The Simms plat shows two tracts owned by Mrs. C. H. Via: one containing 86 acres [10] and another containing 19 acres. [11] It is assumed here that Margaret Estelle Via is Mrs. C. H. Via. Deed Book 86, page 297, dated May 18, 1886, conveyed 105 acres from Leah Cox to John F. Cox. The property is described as being all of that tract or parcel of land being and lying on Beaver Dam Creek in Albemarle County adjoining Wm. R. Wood and others, containing by survey 86 acres and also one other lot or parcel of land in timber adjoining D.J.S. Richards and others containing 19 acres. This is a portion of the 420 acres shown on the plat of J.T.E. Simms dated October 1884 that is described above. The Simms plat shows two tracts owned by John F. Cox. One contains 19 acres. [12] C:\inetpub\wwwroot\cityviewlazerfiche_integration\tempdocholder\15476.doc Chisholm Trust April 1, 2003 Page 6 The other contains 86 acres that is now designated as Tax Map 18, Parcel 27. Parcel 27 is not part of this determination. Deed Book 86, page 403, dated June 10, 1886, conveyed 97 acres from Leah Cox to M. O. Cox as trustee for George W. M. Cox. The property is described as being two lots or parcels; a lot of cleared land containing 65 acres marked on said plat to Geo. W. M. Cox, also a lot of timberland adjoining containing 32 acres also marked to Geo. W. M. Cox on said plat making 97 acres in all. The 65 -acre tract is now a portion of Parcel 32 and is shown as [8] on the key. The 32 -acre parcel is also a portion of Parcel 32 and is shown as [7] on the key. Deed Book 86, page 404, dated June 10, 1886, conveyed 113 acres from Leah Cox to M. O. Cox. The property is described as being all of that tract or parcel of land on the public road leading from Earlysville to Nortonsville containing 88'/4 acres. Also one other lot or parcel of timberland containing 24 3/4 acres adjoining Geo. Wm. Cox, Dr. J. S. Richards and others. This is a portion of the 420 acres shown on the plat of J.T.E. Simms dated October 1884. The 88'/4 - acre tract consists of approximately 75 acres that is now a portion of Parcel 32 and is shown as [9] on the key and approximately 13 '/2 acres identified as Parcel 31 and shown as [6] on the map key. The 243/4 -parcel is now identified as Parcel 33. [13] Deed Book 141, page 277, dated December 4, 1909, conveyed 105 acres from Micajah Woods, Commissioner in the chancery cause of James H. Via v. Elmer G. Via and others, to John F. Cox. The land is described as being the same land that was conveyed to Margaret Estelle Via by Leah Cox by the deed recorded in Deed Book 86, page 296. The deed further states that the said tract of land consists of two parcels, one containing 86 acres and the other 19 acres. [10] & [11] Deed Book 146, page 171, dated June 8, 1911, conveyed 20 acres from John F. Cox & Mary A. Cox to A. G. Cox. The property is further described as being a part of the land that was assigned by Mrs. Leah Cox to M. E. Cox, and purchased by Jno. F. Cox and is on the west side of that place, and adjoins the lands of Jno. F. Cox and Laura Marshall. As a result of this transaction, the tract that is shown as [10] contained 66 acres. Deed Book 150, page 96, dated December 1, 1911 conveyed 85 acres from John F. Cox & M. A. Cox, his wife, to Frank L. Wood & Minnie E. Wood. The parcel is described as adjoining the lands of Dr. W. A. Kyger, M. O. Cox, A. G. Cox, G. W. Cox and Laura Marshall, and John F. Cox. [10] & [11] The 85 acre tract is the residue of [10], containing 66 acres and [11 ], containing 19 acres for total of 85 acres. This tract is described here as a single parcel and it continues to be described as a single parcel from now on. C:\inetpub\wwwroot\cityviewlazerfiche_i ntegration\tem pdocholder\15476.doc Chisholm Trust April 1, 2003 Page 7 Deed Book 150, page 186, dated December 1, 1911 conveyed 19 acres from John F. Cox & M. A. Cox, his wife, to Aubrey G. Cox. The parcel is described as adjoining the lands of Mrs. Laura Marshall, Dr. W. A. Kyger and Minnie Wood. [12] Deed Book 171, page 353, dated November 4, 1919, conveyed 85 acres from R. T. W. Duke, Jr., Commissioner in the Chancery Cause of F. L. Wood vs. Isla M. Wood and F. L. Wood to Bernard T. Parrott. The property is described as being the same tract as was conveyed to F. L. Wood & Minnie E. Wood by the deed recorded in Deed Book 150, page 96. [10] & [11 ] Deed Book 171, page 513, dated November 14, 1919, conveyed 85 acres from B.T. Parrott & Sallie A. Parrott to C. B. Naylor and Lyman H. Naylor. The property is described as being the same land conveyed to B. T. Parrott by the deed recorded in Deed Book 171, page 353. [10] & [11] Deed Book 180, page 469, dated August 22, 1922, conveyed 19 acres from Aubrey G. Cox and M. L. Cox to L. H. Naylor. This is described as the same land conveyed to Aubrey G. Cox by John F. Cox by the deed recorded in Deed Book 150, page 186. [12] Deed Book 181, page 268, dated November 23, 1922, conveyed 85 acres from C. B. Naylor & Bessie D. Naylor to Lyman H. Naylor. The property is described as the one half interest conveyed to the Grantors by the deed recorded in Deed Book 171, page 513 containing 85 acres and adjoining the land of George Cox, Aubrey Cox, Dr. Kyger and others. [10] & [11 ] Deed Book 193, page 430, dated June 7, 1926, conveyed 104 acres from H. W. Walsh & T. J. Michie, Trustees to James C. Knight & George A. Knight. The property is described as consisting of two tracts as follows: a tract of 19 acres, more or less, conveyed to said L. H. Naylor by the deed recorded in Deed Book 180, page 469 [12]; and a tract of 85 acres conveyed to said Lyman H. Naylor and C. B. Naylor by deed recorded in Deed Book 171, page 513 [10] & [11 ], the interest of C. B. Naylor having been conveyed to Lyman H. Naylor by the deed recorded in Deed Book 181, page 268 [10] & [11]. Deed Book 210, page 539, dated September 10, 1929, conveyed all of the undivided interest in 104 acres of James Knight to George A. Knight. The property is described as consisting of two tracts, one consisting of 19 acres, more or less, and the other containing 85 acres more or less, both tracts aggregating 104 acres and being the same land conveyed by the deed recorded in Deed Book 193, page 430. [10], [11] & [12] C:\inetpub\wwwroot\cityviewlazerfiche_i ntegration\tem pdocholder\15476.doc Chisholm Trust April 1, 2003 Page 8 Deed Book 252, page 453, dated December 16, 1941, conveyed 104 acres from George A. Knight to Cecil R. Knight & Charlie M. Knight. The property is described as consisting of two small tracts, one containing 85 acres, more or less, and the other containing 19 acres, more or less, both tracts containing 104 acres and being the same land conveyed by the deed recorded in Deed Book 193, page 430 and in Deed Book 210, page 539. [10], [11 ] & [12] Deed Book 266, page 273, dated January 4, 1946, conveyed two parcels of land from Clarance Cox to Vessie Smith Cox. The property is described as consisting of certain lots or parcels described in part as follows: PARCEL NO. ONE: All of those two certain lots or parcels of land adjoining M. O. Cox, Wilhoit and others, containing in the aggregate 97 acres. [7] & [8] PARCEL NO. TWO: A certain lot or parcel of land adjoining the lands of Mrs. C. H. Via, Ira G. Woods and others. The parcel is supposed to contain 75 acres, it being a portion of the 88'/4 acres on the south side of Nortonsville road. [9] Deed Book 270, page 521, dated September 28, 1946, conveyed the one-half undivided interest of Charlie M. Knight and Hattie V. Knight in 104 acres to Cecil R. Knight. The property is described as consisting of two tracts, one containing 85 acres, more or less, and the other containing 19 acres, more or less, both tracts containing 104 acres and being the same land conveyed by the deed recorded in Deed Book 193, page 430. [10], [11 ] & [12] Deed Book 278, page 107, dated March 19, 1948, conveyed 104 acres from Cecil R. Knight & Ruby R. Knight to O. N. Davis. The property is described as consisting of two tracts, one containing 85 acres, more or less, and the other containing 19 acres, more or less, both tracts containing 104 acres in the aggregate. This is the same land conveyed by the deed recorded in Deed Book 252, page 453 and Deed Book 270, page 521. [10], [11 ] & [12] Deed Book 343, page 378, dated October 14, 1958, conveyed an undivided one half interest in three certain tracts from Orville N. Davis to Jennie Mae Davis. The property is described as containing 276 acres in the aggregate and described as three tracts as follows: 1. A tract of 97 acres, made up of the following: (a) A tract of 65 acres, [8] and (b) a tract of 32 acres. [7] C:\inetpub\wwwroot\cityviewlazerfiche_i ntegration\tem pdocholder\15476.doc Chisholm Trust April 1, 2003 Page 9 2. A tract of 75 acres adjoining the above tract, having been conveyed by the deed recorded in Deed Book 277, page 355, and [9] 3. A tract of 104 acres conveyed by the deed recorded in Deed Book 278, page 107. [10], [11 ] & [12] The most recent deed for Parcel 32, recorded prior to the adoption of the ordinance is found in Deed Book 351, page 404. That deed is dated August 27, 1959. It conveyed 276. 87 acres from Orville N. Davis & Jennie Mae Davis to E. Morris Chisholm. The property is described as consisting of four tracts of land acquired by Orville N. Davis as follows: Two (2) tracts by deed of Clarence Cox and Vassie Cox recorded in Deed Book 277, page 355 described as containing 97 and 75 acres, more or less, respectively. [7], [8] & [9] Two (2) tracts by deed of Cecil R. Knight & Ruby W. Knight recorded in Deed Book 278, page 107 described as containing 85 and 19 acres, more or less, respectively. [10], [11] & [12] On the basis of this deed, Parcel 32 is determined to be comprised of five separate parcels of record. The two tracts referenced in Deed Book 277, page 355 are determined to consist of three separate parcels; labeled as [7], [8] and [9] containing 32 acres, 65 acres and 75 acres respectively. The two tracts referenced in Deed Book 278, page 107 are determined to consist of two separate parcels; one is comprised of the tracts labeled [10] & [11] that together contain 85 acres. The other contains 19 acres and is labeled [12] on the key. This is the same real estate conveyed from Orville N. Davis to Jennie Mae Davis by the deed recorded in Deed Book 343, page 378, dated October 14, 1958. (In that deed Mr. Davis conveyed a i/ undivided interest in the property. The deed is in the file.) A plat by J. Arthur Cooke, C.S., dated June 30, 1959 showing the perimeter of the 276.87 acres is recorded with the deed found in Deed Book 351, page 404. Although the plat does not show interior parcel boundaries, it is determined that this plat alone is not sufficient to combine the property into a single parcel. The language in the deeds maintains the separate parcel identities described herein. C:\inetpub\wwwroot\cityviewlazerfiche_integration\tempdocholder\15476.doc Chisholm Trust April 1, 2003 Page 10 Tax Map 9, Parcel 33, shown on the key as F1 31 Deed Book 86, page 404, dated June 10, 1886, conveyed a parcel of land containing 88 '/4 acres and one other lot or parcel containing 24 3/4 acres from Leah Cox to M. O. Cox. These tracts are shown on a plat of 420 acres of the land belonging to Mrs. Warner Cox surveyed by J. T. E. Simms in October 1884. The 88'/4- acre parcel is shown on the Key as [9], a portion of Tax Map 9, Parcel 32. The 243/4- acre parcel is shown on the key as [13] and is now identified as Tax Map 9, Parcel 33. On the basis of this deed, Tax Map 9, Parcel 33, shown as [13] on the map key is determined to be a parcel of record. Deed Book 752, page 458, dated October 27, 1982, conveyed two certain tracts or parcels of land from James E. Treakle, Jr., Special Commissioner, to E. Morris Chisholm. The two parcels are described as containing approximately 5.25 and 24.75 acres, respectively (also designated as Parcels 31 and 33 respectively on Tax Map 9) and being the same parcels conveyed to Montressa Orient Cox, under the name M. O. Cox by the deed recorded in Deed Book 86, page 404. [6] & [13] The question of how the area of Parcel 31 [6] was reduced from 13'/4 acres to 5'/4 acres has not been resolved in this determination. Deed Book 845, page 40, dated July 3, 1985, conveyed 167.5 acres from Westvaco Corporation to E. Morris Chisholm. The property is described as consisting of three contiguous tracts aggregating 167.5, more or less, as shown on a plat of survey by T. W. Saunders recorded in Deed Book 335, page 20. [1] [2] [3] This transaction had no effect on the development rights or status as separate parcels of the property. Tax Map 9, Parcel 30, shown on the key as [51 Deed Book 928, page 606 contains a Deed of Partition dated January 14, 1987. The deed conveys the property of the late James F. Knight. The property was acquired by James F. Knight & Maggie Knight by the deed dated May 7, 1940 that is recorded in Deed Book 246, page 295. This deed is between Margaret Knight Snow and Lawrence Andrew Knight & Louise Mildred Knight and Edward Paul Knight and Ruth Knight, parties of the first part, and Margaret Knight Snow and Paul Edward Knight, parties of the second part, and Edward Paul Knight and Ruth Knight, parties of the third part. The deed includes a subdivision plat by Frank Gregg that was approved on August 19, 1986. The plat divided Tax Map 9, Parcel 30 into two parcels; one containing 17+/ - acres with three development rights and another containing 13.980 acres with two development rights. The 17 -acre tract, designated as Tax Map 9, Parcel 30, was C:\inetpub\wwwroot\cityviewlazerfiche_integration\tempdocholder\15476.doc Chisholm Trust April 1, 2003 Page 11 conveyed to Edward Paul Knight and Ruth Knight. The 13.980 -acre parcel is designated as Parcel 30A on Tax Map 9. It is not included in this determination. Deed Book 1362, page 175, dated September 30, 1993, conveyed 2 acres from Edward P. Knight and Ruth Knight to Larry W. Shifflett and Joyce K. Shifflett. The parcel is shown on a plat by Gibson, McKnight & Assoc., approved on November 22, 1993. The lot is a portion of Parcel 30. As a result of this transaction, Parcel 30 contains 15 +/- acres and two development rights. [5] Tax Map 9, Parcel 12 shown on the key as [11 [21 [31 , Parcel 29 shown on the kev as [41, Parcel 31 shown on the key as [61, Parcel 32 shown on the key as [71 [81 [91 F1 01 F1 11 F1 21 & Parcel 33 shown on the key as [131 Deed Book 1395, page 726, dated April 4, 1994, conveyed several tracts of land from Mary Jane Chisholm, Executor of the Estate of Edward Morris Chisholm to Mary Jane Chisholm. Among the tracts are the following: TRACT ONE: (Tax Map 9, Parcel 12) [1] [2] [3] All that certain tract or parcel consisting of three contiguous tracts aggregating 167.5 acres as shown on the plat by T. W. Saunders that is dated September, 1957 and is recorded along with a deed in Deed Book 335, page20. TRACT TWO: (T.M. 9, P. 29) [4] All that certain tract or parcel consisting of land containing 81.75 acres [4], being all of that tract of 112.75 described in a deed recorded in Deed Book 193, page 170, excepting a tract of 31 acres [5] conveyed off and described in a deed recorded in Deed Book 208, page 209. TRACT THREE: (T.M. 9, P. 31) [6] and (T.M. 9, P. 33) [13] All those two certain tracts or parcels containing approximately 5.25 acres and 24.75 acres respectively. These are the same tracts conveyed to E. Morris Chisholm by the deed recorded in Deed Book 752, page 458. TRACT FOUR: (T.M. 9, P. 32) [7] [8] [9] [10] [11] [12] All that certain tract or parcel of land containing 276.87 acres according to survey and plat thereof made by J. Arthur Cooke, C.S., dated June 30, 1959 and recorded in Deed Book 351, page 406, and being the same property conveyed to E. Morris Chisholm by the deed of Orville N. Davis and Jennie Mae Davis recorded in Deed Book 351, page 404. This description does not combine the tracts because at the time of this deed parcels could only be combined via the County subdivision process. The plat attached to Deed C:\inetpub\wwwroot\cityviewlazerfiche_integration\tempdocholder\15476.doc Chisholm Trust April 1, 2003 Page 12 Book 351, page 404 did not combine the parcels because the deed identifies the multiple tracts: "The above described real estate, consisting of four tracts of land..." The plat is an exterior boundary survey. This conveyance had no effect on the development rights or status as separate parcels of record of the subject properties of this determination. Deed Book 1720, page 377, dated June 18, 1998, conveyed the same property described in Deed Book 1395, page 726 from Mary Jane Chisholm to Mary Jane Chisholm, Trustee under the Mary Jane Chisholm Declaration of Trust dated May 16, 1994. This conveyance had no effect on the development rights or status as separate parcels of record of the subject properties of this determination. Based on this history, Tax Map 9, Parcel 12 is determined to be three separate parcels of record. Tax Map 9, Parcel 29 is determined to be one parcel of record. Tax Map 9, Parcel 30 is determined to be one parcel of record. Tax Map 9, Parcel 31 is determined to be one parcel of record. Tax Map 9, Parcel 32 is determined to be five parcels of record. Tax Map 9, Parcel 12 is determined to be one parcel of record. Each of these parcels are determined to have the development rights that are specified on the chart. These parcels can utilize these 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 that are allowed to be created by right. In addition to the development right lots, as many parcels containing a minimum of twenty-one acres may be created as the property can support, if all other applicable regulations can be met. 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 that 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 C:\inetpub\wwwroot\cityviewlazerfiche_i ntegration\tem pdocholder\15476.doc Chisholm Trust April 1, 2003 Page 13 Copies: Gay Carver, Real Estate Department Reading File Ella Carey, Clerk to the Board of Supervisors Mary Jane Chisholm, Trustee 3260 Earlysville Road Earlysville, VA 22936 Edward, Paul or Ruth Knight 1021 Simmons Gap Road Dyke, VA 22935 Enclosure: Tax Maps 9 & 18 showing the location of the 12 separate parcels C:\inetpub\wwwroot\cityviewlazerfiche_i ntegration\tem pdocholder\15476.doc