HomeMy WebLinkAboutLOD200300023 Legacy Document 2014-10-15COUNTY OF ALBEMARLE
Department of Building Code and Zoning Services
401 McIntire Road, Room 227
Charlottesville, Virginia 22902-4596
FAX (434) 972-4126 TELEPHONE (434) 296-5832 TTD (434) 972-4012
December 30, 2003
Timothy Mark or Alice Rowe Scruby
8153 Dickwood Road
Afton, VA 22920
RE: OFFICIAL DETERMINATION OF DEVELOPMENT RIGHTS AND PARCELS- Tax
Map 54, Parcel 71, Tax Map 69, Parcel 39 and Tax Map 70, Parcel 33A (Property of
Timothy Mark Scruby or Alice Rowe Scruby) Section 10.3.1
Dear Mr. And Ms. Scruby:
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 54, Parcel 71 is a parcel of record with five (5) theoretical development rights.
Tax Map 69, Parcel 39 is a parcel of record with five (5) theoretical development rights.
Tax Map 70, Parcel 33A is a parcel created in 1992 with three (3) theoretical
development rights. The basis for this determination is summarized as follows:
Tax Map 54, Parcel 71
Our records indicate Tax Map 54, Parcel 71 contains 11.556 acres and one dwelling.
The property is not in an Agricultural Forestal District. The most recent deed for this
property is recorded in Will Book 92, page 167.
The most recent deed for this parcel recorded prior to the adoption of the ordinance,
December 10, 1980, is recorded in Deed Book 289, page 14. This deed, dated April 27,
1950, conveyed 12 acres, more or less, from Victoria P. Townsend to Gene F. Shirley,
William Gray Shirley and Francis Lee Shirley. The property is further described as being
the same land conveyed to the Grantor by the deed recorded in Deed Book 251, page
220, in which the plat of the property is shown to contain 13.4 acres, save' and except
three off conveyances to Dorothy Woodson as follows: One-half acre recorded in Deed
Book 181, page 48, 0.065 acres recorded in Deed Book 207, page, 544 and 0.81 acres
recorded in Deed Book 285, page 399. [13.4 — (.5 +.065 + .81) = 12.025] There have
been no off -conveyances of land from this parcel since the recordation of this deed.
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Timothy & Alice Scruby
December 30, 2003
Page 2
There have been no off -conveyances of land from this parcel since this transaction.
Based on this deed, Tax Map 54, Parcel 71 is determined to be a parcel of record
with five (5) theoretical development rights.
Tax Map 69, Parcel 39 & Tax Map 70, Parcel 33A
Our records indicate Tax Map 69, Parcel 39 contains 25.264 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 1971, page 727.
Our records indicate Tax Map 70, Parcel 33A contains 69.381 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 1971, page 727.
This analysis begins with Deed Book 210, page 588, dated October 15, 1930. This deed
conveyed 7 3/4 acres from C. B: Shirley and Clara G. Shirley to Ben D. Showers. The
parcel is shown on a plat that is attached to the deed. The 7.75 -acre tract now is
comprised of Parcel 40 and 40A on Map 69. As a result of this off -conveyance, the
original Parcel 39 is determined to have been divided into three separate tracts.
The acreage of these tracts is not indicated in the deed. This is in accord with the
determination by the Zoning Administrator, dated November 18, 1992, that Parcel
39 was then found to be two tracts as follows: The western parcel containing
25.318 acres and the eastern parcel containing 126.27 acres. The 7.75 -acre parcel
is situated between these two tracts. This is the most recent deed recorded prior
to the adoption of the ordinance, December 10, 1980, for the western portion of
Parcel 39. It is on the basis of this deed that the portion of the original Parcel 39,
now comprised of T.M. 69-39A and T.M. 70-33A, is determined to have been a lot
of record per section 10.3 on December 10, 1980.
The most recent deed for the eastern portion of this parcel recorded prior to the
adoption of the ordinance, December 10, 1980, is recorded in Deed Book 260, page
295. This deed, dated May 3, 1939, conveyed 5.7 acres, more or less, from Clara G.
Shirley to Lirtie Awkard. The property is shown on a plat by Hugh Simms that is a part of
this deed. This is the last of several off -conveyances from the Pea Ridge Tract. It is on
the basis of this deed that the eastern portion of Parcel 39, containing 25.318 on
December 10, 1980, is determined to be a lot of record per section 10.3.
Deed Book 1274, page 463 contains a Deed of Partition and Gift that is dated
November 12, 1992. It is between Francis Shirley Scruby & Ralph Edwin Scruby, Brian
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Timothy & Alice Scruby
December 30, 2003
Page 3
Gray Scruby and Timothy Mark Scruby & Alice Rowe Scruby, Grantors and Grantees.
The purpose of this deed is to divide the Grantors' proportional interest in a tract that
contained 151.588 acres and was identified as Tax Map 69, Parcel 39 into clearly
defined fee simple estates. The particular parcels described in this deed are shown on
an attached plat by S. L. Key, dated November 12, 1992 and revised on November 24,
1992. The parcel is divided as follows:
94.699 acres were conveyed to Timothy Mark Scruby and Alice Rowe Scruby.
The land is identified as Parcel Y containing 69.381 acres (TM 70-33A) and
Residue containing 25.318 acres (TM 69-39). The plat allocated 3 development
rights to Parcel Y and noted that the residue retained 5 development rights.
56.889 acres were conveyed to Brian Gray Scruby. The land is identified as
Parcel X on S.L. Key's plat. (TM 69-39A) The plat allocated 2 development rights
to Parcel X.
The Grantors conveyed -to Francis Shirley Scruby an undivided 43% interest in
the 56.889 acre tract.
The Grantors also conveyed to Ralph Edwin Scruby an undivided 51% interest in
the 56.889 acre tract.
As a result of this transaction, T.M. 70-33A has 69.381 acres and 3 development
rights. TM 69-39 has 25.318 acres and 5 development rights. TM 69-39A has
56.889 acres and 2 development rights.
Deed Book 1971, page 727, dated July 11, 2000 contains a Deed of Exchange between
Timothy Mark Scruby & Alice Rowe Scruby, owners of T.M. 69-39 and Jeffrey Scott
Jewell & Rebecca Ann Jewell, owners of T.M. 69-42A. The boundary adjustment is
shown on a plat by S. L. Key, dated September 9, 1999. There have been no off
conveyances since the recordation of this deed.
As a result of this transaction Parcel 39 has 25.264 acres and 5 development
rights.
There have been conveyances of percentages of ownership of these parcels between
members of the Scruby family. A list of those transactions is attached to this
determination. Those transactions have had no effect on the legal status or
development rights of the parcels addressed in this determination.
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Timothy & Alice Scruby
December 30, 2003
Page 4
These parcels are 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.
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,
IA44-4-111"
John Shepherd
Manager of Zoning Administration
Copies: McChesney Goodall, Coordinator of ACE Program
Gay Carver, Real Estate Department
EIIa.Carey, Clerk Board of Supervisors
Reading Files
Enclosed : 1980 and 2002 Tax Maps
Gift deeds that conveyed fractional ownership interests
TM -P
Acreage
Division rights for 21
acre minimum
arcels
Development rights
TM 69-39
25.264
0
5
TM 70-33A
69.381
3
3
54-71
11.556
10
5
TOTAL
1 106.255
13
13
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These are deeds of gift that conveyed fractional interests in the referenced parcels.
None of these transactions had any effect on the status of these parcels or their
development rights.
Deeds in file
DB/p
Date
From
To
TM/P
Percentage
1081-335
11/20/89
Frances S.
Ralph S.
54-71
55-14
69-39
50%
1/6
25%
1219-700
2/7/92
Ralph S.
Timothy & Alice
54-71
10%
1219-703
2/7/92
Frances S.
Timothy & Alice
54-71
10%
1525-216
3/20/96
Frances &
Ralph
Timothy & Alice
54-71
7.5%
1081 —339
11/20/89
Ralph S.
Brian
55-14
5%
1081 —348
11/20/89
Frances S.
Brian
55-14
5%
1090-284
1/25/90
Ralph S.
Brian
55-14
5%
1090-287
1/25/90
Frances +
Ralph
Brian
55-14
5%
1219-687
2/7/92
Ralph
Brian
55-14
54 — 72A
2.67%
2.67%
1219- 690
2/7/92
Frances
Brian
55-14
54 — 72A
2.67%
2.67%
1081 -342
11/20/89
Ralph S.
Timothy & Alice
69-39
4%
1081 -345
11/20/89
Frances S.
Timothy & Alice
69-39
4%
1090-290
1/25/90
Frances S.
Timothy & Alice
69-39
4%
1219 —694
2/7/92
Ralph S.
Brian
69-39
1%
1219-697
2/7/92
Frances S.
Brian
69-39
1%
1785 —244
1/27/99
Frances
Brian
69-39
5.5%
Deeds not in
file but
referenced in
1785/245
1274-643
11/12/92
6%
1308-643
1/2/93
7.5
1308-652
1/2/93
7.5
1385-286
2/10/94
6%
1385-289
2/10/94
6%
1458-318
3/9/95
6%
1458-327
3/9/95
6%
1525-210
3/20/96
6%
1525-213
3/20/96
6%
1591 -482
1/29/97
6%
1591 -485
1/29/97
?%
1672-608
1/22/98
?%
1672-611
1/22/98
6%
WB 92 —167
13.5%
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