HomeMy WebLinkAboutLOD200700006 Application 2014-03-13 (2)Application for
Parcel of Record Determination and or Development."'�ry
Rights Determination
[Parcel of Record = $75
❑ Development Rights = $40
Project Name: 3 fA1YJE 7 Cp�S 21"A 1'/19M 1EA ;%'eX1;A17 RE'Q(JgS 7'
Tax map and parcel(s): (,2500 - 0 0 - 60 - O2 /g 0 Magisterial District: W#1 7E 1,1AJ_4L Zoning: LAAO //SE
Contact Person (Who should we call/write concerning this project?): TAA-ffS R 50KA6077" -i2. 0& DoNNs E• 06 AIF -Ti"
Address &11 -qv -5-yp"�2 1,,,�D64d w' b City QR ZZZ State VA zip 2 -2 -?32 -
Daytime
2`7 32Daytime Phone Fax # (_) E-mail
Owner of Record P BZAOY�t"7 J� 4 1- D0ArKf4 L=• $FNME77 J/ 6 SK a7 `rtrx�',Coryi
Address 5`30 City C' UZET State 1,�,J Zip 2 2 ?32
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Daytime Phone 0q) e2.3-24-34 Fax # ( ) E-mail
Applicant (Who is the Contact person representing?):
Address City State Zip
Daytime Phone (_) 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.
20o7
Signature of Owner Date
oAr/VA413 Y- 82 3 - 2-6 36
Print Name Daytime phone number of Signatory
FOR OFFICE USE ONLY LOD # p y
Fee Amount $ �0c Date Paid 20`O B who? ��� 1V ,'V Receipt # Clc# '! S / By:
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 I
TO: Attention: John Shepherd
Albemarle County
Department of Community Development
FROM: James P. Bennett, Jr. and Donna E. Bennett
Parcel ID: 02500-00-00-021A0
DATE: March 20, 2007
We are planning to donate a Conservation Easement and for that reason,
only, we need to request a Parcel of Record Determination. We have no
intention of or interest in developing this land.
Seeking to donate a Conservation Easement, we were motivated to
reexamine the number of division rights we were assigned at the time we
recorded our second deed on March 19, 1984. In carefully researching our
first deed, recorded June 17, 1983, we believe now that we were not
assigned the correct number of division rights and for that reason, we are
requesting Parcel of Record Determination at this time.
In the following account, we will show that the land we purchased in 1983
was made up of at least two separate parcels, one approximately 80 A, the
other approximately 70 A.
On June 17, 1983, we purchased an undivided half interest in a piece of land
located in Sugar Hollow. Bonnie and Joseph Strickler purchased the other
undivided half interest. At the time we recorded our deed and plat of the
land (D. B. 767, p. 0745, June 17, 1983), the Deed Book reference to the
land we purchased (D. B. 453, p. 526) stated that this piece of land consisted
of three parcels. Almost a year later, (D. B. 792, p. 0640; March 19, 1984),
we (the Stricklers and the Bennetts) formally divided the land for purposes
of building homes. At the time we recorded this second deed, we provided a
plat that showed how the land would be divided. At this time (i.e., the time
we divided the land in 1984), we were assigned two division rights and the
Stricklers were assigned three. An examination of the first plat we recorded
in D. B. 767, p. 0745 and the second plat we recorded later, when we
divided the land (D. B. 792, p. 526), shows that many significant details
(pertaining to the history of this piece of land as two (or possibly three)
separate parcels) that appear on the first plat do not appear on the second
plat used at the time our division rights were assigned.
1
The details on the first recorded plat (D.B. 767, p. 0745) provide important
information that shows the land in which we purchased an undivided interest
was made up of two large parcels of land, along with a very small additional
parcel. The plat includes the labels "Lot 2", "Lot 3", and "Part of 216 A"
which refer to different portions of the land. The plat also includes reference
to an "Old Boundary Line" that divides an upper portion from a lower
portion of land. (See more detailed discussion below). On the first plat, the
surveyor, Tom Shumate, provided specific D. B. references for the upper
and lower portions (these are referenced below). The second plat, prepared
by B. Aubrey Huffman, for purposes only of dividing the existing property,
omits all of these important details. In addition, research into earlier Deed
Book entries shows that from 1948 to the time we purchased the land in
1983 the land consistently was described as being made up of two separate
portions (with one portion, the lower one, also made up of two lots). In
these entries, the land is always described as consisting of two separate
parts, called alternatively Part (1) and Part (2) or First and Second, etc. We
believe that at the time we were assigned division rights, the correct number
of parcels that made up our land (at the time we purchased it) was not taken
into consideration. We therefore request that a "Parcel of Record
Determination" be made at this time, so that we may have this question
resolved.
(Note: Originally, the land we purchased was divided horizontally from
west to east so that one portion (80 A more or less) was situated to the north
of another parcel (70 A more or less). When the Bennetts and Stricklers
divided the land, in 1984, we configured the halves based on a line running
from north to south. As a result, at present, our parcel lies to the east of the
new dividing line.)
In researching earlier D. B. entries, we found three periods of time we
believe are relevant to showing that the land we purchased in 1983 was
made up of two separate parcels (one containing two lots). Therefore, we
have divided the discussion that follows into these three periods of time and
also have grouped the copies of D. B. references accordingly.
1. From 1948 to 1983. Our purchase in 1983, and prior descriptions
of the land as found in earlier recorded deeds dating back to April
and May, 1948.
Fj
2. April and May, 1948. At this time, two separate parcels of land
(the second made up of two lots) were created from two other
existing properties. From 1948 to the time of our purchase, each
land transaction included reference to these two contiguous
parcels.
3. 1890's to 1948. The appearance of the Carr and Wood land
holdings prior to being apportioned during sales to David McLean
in 1948. Also, an illustration of how the land "portions" fit within
the overall original land holdings.
1. Our purchase in 1983:
March 21, 1983: At the time we signed the "Sale Contract" with the
Roy Wheeler Realty Company, the tract was described as being made
up of two parcels. The sales contract read: "...that certain tract of
land located in Albemarle County fronting on State Route 614 with all
improvements and containing 152.75 acres more or less and further
described on Albemarle County Tax Map = Section 25, Parcels 21 and
28A; Deed Book 453, page 526."
June 17,1983: Prior to purchase, a survey of the land was made and
included with our deed (D. B. 767, p. 0745). As mentioned above, the
Tom Shumate survey, recorded at this time, includes D. B. references
and labels indicating two separate, but conjoined portions of land.
(Note: Shumate's D. B. references correspond to the D.B. references
that appear in the discussion below). Our recorded deed refers to that
tract of land "being the same and identical real estate as conveyed to
the Grantor herein by deed dated January 21, 1969, from George W.
Speck and Izetta V. Speck ... in Deed Book 453, page 526, to which
said deed and plat reference is hereby made for a more particular
description and derivation of title."
January 21,1969: (Deed Book 453, page 526) describes the land
conveyed from George W. Speck to C. George Speck as "made up of
three parcels" and refers to D. B. 352, page 359 for a more particular
description".
3
September 2, 1959: (Deed Book 352, page 359-60) When George W.
Speck purchased the land from William T. Stevens, the D. B. entry
describes the land in a more detailed way. This entry indicates that
the land transaction includes the two separate tracts of land, each with
its own history and own Deed Book references. The tracts are called
(1) and (2) in the entry:
"(1)" is described as "that certain tract or parcel of land ... near
the Moormans River, estimated to contain 80 acres, being a
portion of a tract of 216 acres, which was conveyed to B. O.
Carr by deed of Isaac H. Radford dated June 24, 1893, and
recorded in ... D. B. 99, p. 337. A plat and description of said
216 acre tract is recorded ... in D. B. 92, p. 44, and the 80 acre
portion hereby conveyed is the western portion of the plated
tract." The description of the boundary lines of the 80 acre tract
then follows.
"(2)" is described as "These two certain lots or parcels of land
containing in the aggregate 72 3/4 acres, more or less, being
shown and designated as Lot 2 (68 3/4 acres) and Lot 3 (4
acres) on a plat recorded in said Clerk's Office in D. B. 133, p.
451.
In regard to the portions of land described in each of the two
parts, the deed makes reference to the earlier transaction
between William Stevens and David McLean (D. B. 294, p.
455), noting that the lands conveyed are "the same lands in all
respects" as those described in the earlier transaction.
March 14,1951: (Deed Book 294, page 455-7) When William T.
Stevens purchased the land from David S. McLean, the D. B. entry
provides more details. The land conveyed from McLean to Stevens is
described as "two tracts of land" and referred to as "First: That
certain... tract... near and north of the Moormans River This section
goes on to describe the portion of 216 acres conveyed from Radford to
Carr; and adds the following at the end of this section: "...being in all
respects the same land conveyed to the said David S. McLean by T.
O. Carr and others by deed dated 2? of April, 1948, of record ... in
Deed Book 279, p. 117." Then, "Second: Those two certain lots or
parcels of land in Sugar Hollow, containing in the aggregate 72 3/4
acres" ... etc. and stating at the end of the section "...being in all
respects the same land conveyed to the said David S. McLean by
Sadie C. Wood and husband by deed dated May 17, 1948, of
record—in Deed Book 279, page 121."
2. April and May, 1948: During this period of time, David S. McLean
purchased two "portions" of larger, separate land holdings that later
took on the present configuration of our land. These two portions of
land are contiguous to one another in that one lies to the north of the
other. On the plat prepared by Tom Shumate for us in 1983, the "Old
Boundary Line" shows the relationship of the two portions of land to
one another. The lower tract borders the Moormans River. Three
years later, David McLean sold the two, contiguous land portions to
William Stevens in a single land transaction.
The upper portion of land was created in the following way:
April 21,1948: (Deed Book 279, page 117-8) The Carr family
sold a portion of their 216 A tract to David McLean so that
"...the land hereinafter conveyed is a portion of the land of
which B. O. Carr ...passed under his will..." described as
"...that certain tract or parcel of land situated in Albemarle
County ... near and north of Moormans River, estimated to
contain 80 acres, being a portion of a tract of 216 acres
conveyed to B. O. Carr by deed of Isaac H. Radford dated June
24, 1893..."etc., with reference to the recorded plat (D. B. 92,
p. 44).
The lower portion of land (made up of two lots) was created in
the following way:
May 17,1948: (Deed Book 279, page 121-2). Sadie Wood
sold a portion (two lots) of her overall holdings (four lots) to
David McLean. "These two certain lots or parcels of land
containing in the aggregate 72 3/4 acres, more or less, being
shown and designated as Lot 2 (68 3/4 acres) and Lot 3 (4
acres) on a plat recorded in said Clerk's Office in D. B. 133, p.
451".
5
3. 1890's to 1948: Reference to the earlier tracts of land and the
attached plats from which David McLean derived the two portions he
later sold to William Stevens.
The upper portion of land:
May, 1889: (Deed Book 92, page 45) The plat attached to the deed
shows land consisting of 216 acres purchased by Isaac H. Radford
and later sold by Radford (Deed Book 99, page 337, June 24,
1893) to B. O. Carr. The portion of land described above (Deed
Book 279, page 117), Carr family to McLean, is located in the
western sector of this 216 acre plat. (Please see illustrations
below). The location of this portion of land corresponds to the part
shown in Tom Shumate's plat as lying above (or to the north of)
the "Old Boundary Line" and labeled "Part of 216 A".
The lower portion of land:
August, 1906: (Deed Book 133, page 451) shows the plat of land
described in the transaction (Deed Book 279, page 121) between
Sadie Wood and David McLean. The larger portion of the Wood
land, Lot 2 (68 3/4 acres) is shown bordering both Slate Branch
and the Moormans River. The location of this portion of land
corresponds to the part shown in Tom Shumate's plat as lying
below (or to the south of) the "Old Boundary Line", and labeled
"Lot 2" and "Lot 3".
6
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