HomeMy WebLinkAboutLOD201400019 Legacy Document 2015-01-07il N111m ON
COUNTY OF ALBEMARLE
Department of Community Development
401 McIntire Road, North Wing
Charlottesville, Virginia 22902 -4596
Phone (434) 296 -5832 Fax (434) 972 -4126
December 19, 2014
Nimrod T. Clark
4633 Plank Road
North Garden, Virginia 22959
RE: LOD2014 -00019 - OFFICIAL DETERMINATION OF PARCEL OF RECORD &
DEVELOPMENT RIGHTS (Nimrod T. Clark property) Samuel Miller Magisterial District -
Tax Map 100, Parcel 3
Dear Mr. Clark:
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 100, Parcel 3
is two (2) parcels of record with five (5) theoretical development rights each. The basis for this
determination follows.
Albemarle County records indicate that Tax Map 100, Parcel 3 contains 160.03 acres, is
located in the Samuel Miller Magisterial District and contains no dwellings. The property is
zoned RA Rural Areas and not within an agricultural /forestall district.
The most recent deed for Tax Map 100, Parcel 3 is recorded in Plat Book 1801, Page 647,
dated March 31, 1999.
PRIOR TO DECEMBER 10, 1980
TMP 100 Parcel 3
Deed
Date
Parcel Change
Description
Acres
Book / Page
Y or N
132/335
4/2/1906
N
"...as lies on the North and West side of the right -of-
82.00
way of the Southern Railway... believed to contain
about 82 acres..." This Deed establishes the piece
of TMP100 -3 North & West of the railway as a
parcel of record.
132/374
4/10/1906
N
"...that certain tract or parcel of land lying on the South
103.00
and East side of the Southern Railway... containing 103
acres, more or less..." This Deed establishes the
piece of TMP100 -3 South & East of the railway as a
parcel of record.
161/342
10/20/1915
N
Conveyed a 2.80 acre strip of land from TMP100 -3 to
-2.80
Southern Railway Company to add to their existing
right -of -way. This Deed had no effect on the parcels
other than to reduce the 82.00 acre piece by 2.80
acres.
Nimrod T. Clark
December 19, 2014
Page 2
177/5
5/25/1921
Y
Conveyed a portion of the 82.00 acre parcel that was
-20.00
954/229
6/30/87
N
"estimated to contain between fifteen and twenty acres,
152.00
it being a part of a tract of eighty -two acres... on the
west side of the road running through the eighty -two
acres tract. This Deed reduced the 82.00 acre parcel
by up to 20 acres.
200/333
3/1/1928
N
"...those certain lots or tracts of land... consisting of two
162.20
tracts separated from each other by the Southern
Railway, containing 162.2 acres more or less...
210/209
10/25/1930
Y
Conveyed the same portion of the 82.00 acre parcel
-30.00
conveyed in Deed Book 177, page 5. This Deed
clarified the reduction of the 82.00 acre parcel to a
acrea a of "between fifteen and thirty acres..."
227/60
3/14/1935
N
"...consisting of two tracts, one of said tracts containing
162.00*
82 acres, more or less... The other tract containing 103
acres...". Both of these are described as being the
same as conveyed in Deed Book 132, page 235 and
132, page 374, respectively. Exceptions to the 82.00
acre tract are the pieces conveyed in Deed Book 177,
a e5and 161, page 342.
237/580
11/17/1937
N
"...containing in the aggregate 152 acres, more or less,
152.00*
composed of approximately 100 acres lying on the
southeast side of said railroad and 52 acres on the
northwest side thereof... ". *These are described as
being the same as conveyed in Deed Book 227,
page 60.
583/284
10/15/75
N
"...all that certain tract of land situated in Albemarle
152.00
County, Virginia, lying on both sides of the Southern
Railroad right -of -way between Red Hill Station and
North Garden Station containing an aggregate of 152
acres, more or less..."
AFTER DECEMBER 10, 1980
TMP 100 Parcel 3
Deed
Book / Page
Date
Parcel Change
Y or N
Description
Acres
954/229
6/30/87
N
... all that certain lot or parcel of land... lying in
152.00
Albemarle County, Virginia, on both sides of the
Southern Railroad right -of -way between Red Hill
Station and North Garden Station containing an
a re ate of 152 acres, more or less...
On March 31, 1999, a subdivision was recorded in Plat Book 1801, page 647 which showed
"Parcel X", being a 0.17 acre portion of the Nimrod T. Clark property being added to the Michael
W. Hudson property, resulting in a more accurate residue of 160.03 acres in the Nimrod T. Clark
property. No development rights were conveyed with the 0.17 acre portion.
On the basis of these deeds Tax Map 100, Parcel 3 is two (2) parcels of record with five
(5) theoretical development rights each.
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
Nimrod T. Clark
December 19, 2014
Page 3
represent the maximum number of lots containing less than twenty one acres allowed to be
created by right.
Applications for Appeal of the Zoning Administrator's Determination are available at the
Department of Community Development located at 401 McIntire Road, Charlottesville, Virginia
22902 or online at www.albemarle.orq /cdapps. This form applies to the appeal of a decision of
the zoning administrator or any other administrative officer pertaining to the Zoning Ordinance.
Regulations pertaining to the filing of an appeal to the Board of Zoning Appeals are located in
Chapter 18, Section 34.3 of the Zoning Ordinance. They may be reviewed online at
www .albemarle.org /countycodebza.
(Please note that our online documents are in Adobe Acrobat PDF format and must be viewed
with the Adobe Acrobat Reader or an equivalent. A link to download the free plug -in is available
at the bottom of www.albemarle.orq/cdapps.)
Sincerel
Ronald L. Higgins, AICP
Chief of Zoning /Deputy Zoning Administrator
CC: -Real Estate Supervisor
-Ella Jordan, Clerk of the Board of Supervisors
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