HomeMy WebLinkAboutLOD200700029 Letter of Determination 2014-03-17 (2)pF
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COUNTY OF ALBEMARLE
Department of Community Development
401 McIntire Road, North Wing
Charlottesville, Virginia 22902-4596
Phone (434) 296-5832 Fax (434) 972-4126
November 13, 2007
John D Griffin
Zobrist Law Group
3 Boar's Head Lane
Charlottesville VA 22903
RE: LOD20070029 - OFFICIAL DETERMINATION OF DEVELOPMENT RIGHTS --
Tax Map 50, Parcel 34, Tax Map 66, Parcels 50, 51 (Property of NETTEK,
MANFRED H OR GABRIELE N HEERTJE) Rivanna Magisterial District
Dear Mr. Griffin:
The County Attorney and I have reviewed the title information for the above -noted
properties. It is the County Attorney's advisory opinion and my official determination
that Tax Map 50, Parcel 34 and Tax Map 66, Parcels 50, 51 are .six (6) parcels of record
and have collectively a total of thirty (30) theoretical development rights, as outlined in
the following table:
Tax Map Parcel
Acreage
Development Rights
TMP 50-34
14.86 Acres
5
TMP 50-34 old TMP 66-52A
26.00 Acres
5
TMP 50-34 old TMP 66-80
254.00 Acres
5
TMP 66-50.
14.75 Acres
5
TMP 66-51 Lot 1
49.25 Acres
5
TMP 66-51 dowertract
15.00 Acres
5
Total
30
The basis for this determination follows.
Tax Map 50, Parcel 34
Our records indicate Tax Map 50, Parcel 34 contains 294.86 acres and two (2)
dwellings. The property is not in an Agricultural and Forestal District. The most recent
recorded instrument for this property is recorded in Deed Book 1740 page 667.
This analysis begins with the deed of record in Deed Book 78 page 141 that is dated
May.26, 1880, which conveyed 15.00 acres from John C. Henkel and Annie Henkel to
Ellis Minor. -This established the now 14.86 acres as an original parcel of record.
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Deed Book 319 page 206 that is dated August 17, 1955, conveyed 14.86 acres from
Sadie Scott King to Donald P. Hostetter as shown on the plat by 0. R. Randolph,
Engineer, dated July 8, 1955. As stated in Deed Book 319 page 206 that is dated
August 17, 1955 the 14.86 acres was acquired by Betsy Scott as the sole heir at law of
Ellis Minor, intestate, and was then acquired by Sadie Scott King as the sole heir at law
of Betsy Scott, in Will Book 32, page 31.
Deed Book 409 page 298 that is dated July 1, 1965 states that 315.86 acres was
acquired by Margaret H. Gibson as the sole heir at law of Donald P. Hostetter on July 5,
1964, intestate.
Deed Book 409 page 298 that is dated July 1, 1965, conveyed 315.86 acres designated
as Land Parcel 50-34, Land Parcel 66-52A and Land Parcel 66-80 from Margaret H.
Gibson and Walter D. K. Gibson to Robert P. Tibor and Leah Lee Tibor as shown on the
plat by Frank A. Gregg C.L.S in Deed Book 409 page 300 dated June 1965. At this
point the three (3) parcels (14.86 acres, 26 acres, & 275 acres) were combined into
one Land Parcel by the Albemarle County Real Estate Assessor.
Deed Book 582 page 436 that is dated September 8, 1975, conveyed five (5)
contiguous parcels of land that includes the 315.86 acres composed of Land Parcels
50-34, 66-52A and 66-80 from Robert P. Tibor and Leah Lee Tibor to Walter F. Johnson
and Loyce P. Johnson. Based on this deed, Tax Map 50, Parcel 34 is determined to
be 14.86 acres with five (5) development rights.
_26.00 acres (Land Parcel 66.52A)
Deed Book 276 page 572 that is dated December 2, 1947, conveyed 275.00 acres
designated "Page Brook", from David Loth and Helen Loth to Donald P. Hostetter with
26.00 acres remaining in the ownership of David Loth and Helen Loth. This
established the 26.00 acres as the original parcel of record.
Deed Book 323 page 465 that is dated April 20, 1956, conveyed 26.00 acres shown on
the plat by C.E. Watkins, from David Loth and Helen Loth to Donald P. Hostetter. As
stated in Deed Book 323 page 465 that is dated April 20, 1956 the 315.86 acres was
acquired by Margaret H. Gibson as the sole heir at taw of Donald P. Hostetter on July 5,
1964, intestate.
Deed Book 409 page 298 that is dated July 1, 1965 states that 315.86 acres was
acquired by Margaret H. Gibson as the sole heir at law of Donald P. Hostetter on July 5,
1964, intestate.
Deed Book 409 page 298 that is dated July 1, 1965, conveyed 315.86 acres designated
as Land Parcel 50-34, Land Parcel 66-52A and Land. Parcel 66-80 from Margaret H.
Gibson and Walter D. K. Gibson to Robert P. Tibor and Leah Lee Tibor as shown on the
plat by Frank A. Gregg C.L.S in Deed Book 409 page 300 dated June 1965. At this
point the three (3) parcels (14.86 acres, 26 acres, & 275 acres) were combined into
one Land Parcel by the Albemarle County Real Estate Assessor.
Deed Book 582 page 436 that is dated September 8, 1975, conveyed five (5)
contiguous parcels of land that includes the 315.86 acres composed of Land Parcels
50-34, 66-52A and 66-80 from Robert P. Tibor and Leah Lee Tibor to Walter F. Johnson
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and Loyce P. Johnson. Based on this deed, the 26 acres tract last known as Land
Parcel 66-52A is determined to have five (5) development rights.
275 acre (Land Parcel 66-80)
Deed Book 276 page 572 that is dated December 2, 1947, conveyed 275.00 acres
designated "Page Brook", from David Loth and Helen Loth to Donald P. Hostetter with
26.00 acres remaining in the ownership of David Loth and Helen Loth. This
established the 275.00 acres as the original parcel of record.
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Deed Book 409 page 298 that is dated July 1, 1965 states that 315.86 acres was
acquired by Margaret H. Gibson as the sole heir at law of Donald P. Hostetter on July 5,
1964, intestate.
Deed Book 409 page 298 that is dated July 1, 1965, conveyed 315.86 acres designated
as Land Parcel 50-34, Land Parcel 66-52A and Land Parcel 66-80 from Margaret H.
Gibson and Walter D. K. Gibson to Robert P. Tibor and Leah Lee Tibor as shown on the
plat by Frank A. Gregg C.L.S in Deed Book 409 page 300 dated June 1965. At this
point the three (3) parcels (14.86 acres, 26 acres, & 275 acres) were combined into
one Land Parcel by the Albemarle County Real Estate Assessor. , .
Deed Book 582 page 436 that is dated September 8, 1975, conveyed five (5)
contiguous parcels of land that includes the 315.86 acres composed of Land Parcels
50-34, 66-52A and 66-80 from Robert P. Tibor and Leah Lee Tibor to Walter F. Johnson
and Loyce P. Johnson. Based on this deed, the 275 acres tract last known as Land
Parcel 66-80 is determined to have five (5) development rights.
From this point forward the Deed Book Pages are the same for the 14.86 acre, 26
acre, & 275 acre parcels
Deed Book 913 page 213 that is dated December 9, 1986, conveyed 394.87 acres that
includes the 315.86 acres from Walter F. Johnson and Loyce P. Johnson to Robert A.
Coerver, Jr. This transaction had no effect on the development rights of this
parcel.
Deed Book 936 page 209 that is dated April 8, 1987, conveyed 394.87 acres that
includes the 315.86 acres from Robert A. Coerver, Jr. to Pagebrook Partnership. This
transaction had no effect on the development rights of this parcel.
Deed Book 1323 page 345 that is dated June 30, 1993, conveyed 394.87 acres that
includes the 315.86 acres from Pagebrook Partnership to Page Brook Farm Inc. This
transaction had no effect on the development rights of this parcel.
Deed Book 1416 page 207 that is dated July 5, 1994, is a certificate of plat that created
a 21 acre parcel leaving 294.86 acres total. The 21 acres appears to have been
removed from the 275.00 acres thus leaving 254.00 acres for what was Tax Map 66
Parcel 80. This transaction had no effect on the development rights of this parcel.
Deed Book 1537 page 385 that is dated May 17, 1996,' conveyed 394.87 acres that
includes the 315.86 acres (294.86 + 21) from Page Brook Farm Inc. to Steven W. Silver.
This transaction had no effect on the development rights of this parcel.
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Deed Book 1740 page 677 that is dated August 19, 1998, conveyed 394.87 acres that
includes the 315.86 acres (294.86 + 21) from Steven W. Silver to Manfred H. Nettek
and Gabriele N. Heertje. This transaction had no effect on the development rights
of this parcel.
Tax Map 66, Parcels 50
Our records indicate Tax Map 66, Parcel 50 contains 14.75 acres and zero (0)
dwellings. The property is not in an Agricultural and Forestal District. The most recent
recorded instrument for this property is recorded in Deed Book 1740 page 667.
This analysis begins with the deed of record in Deed Book 110 page 33 that is dated
May 27, 1897. This deed conveyed 14.75 acres from T.O. Mahanes and wife to W.L.
Ellis. This established the original parcel of record.
Deed Book 129 page 31.0 that is dated March 26, 1904, conveyed 14.75 acres from
W.L. Ellis and Maggie M. Ellis to Alexander Stevens.
Deed Book 308 page 496 that is dated December 21, 1953, conveyed 14.75 acres from
Bessie Stevens et al to Frank Sanders Biggers.
Deed Book 448 page 500 that is dated September 6, 1968, conveyed 14.75 acres from
Robert S. Beck and Frances D. Beck to Robert P. Tibor and Leah Lee Tibor. The 14.75
acres was acquired by Robert S. Beck as an heir at law of Frank Sanders Biggers on
January 25, 1967, intestate.
Deed Book 462 page 505 that is dated August 18, 1969, the Circuit Court of Albemarle
County decreed the 14.75 acres be conveyed to Robert P. Tibor.
Deed Book 582 page 436 that is dated September 8, 1975, conveyed five (5)
contiguous parcels of land that includes the 14.75 acres known as Parcel 66-50 from
Robert P. Tibor and Leah Lee Tibor to Walter F. Johnson and Loyce P. Johnson.
Based on this deed, Tax Map 66, Parcel 50 is determined to be a parcel of record
with five (5) development rights.
Deed Book 913 page 213 that is dated December 9, 1986, conveyed 394.87 acres that
includes the 14.75 acres from Walter F. Johnson and Loyce P. Johnson to Robert A.
Coerver, Jr. This transaction had no effect on the development rights of this
parcel.
Deed Book 936 page 209 that is dated April 8, 1987, conveyed 394.87 acres that
includes the 14.75 acres from Robert A. Coerver, Jr. to Pagebrook Partnership. This
transaction had no effect on the development rights of this parcel.
Deed Book 1323 page 345 that is dated June 30, 1993, conveyed 394.87 acres that
includes the 14.75 acres from Pagebrook Partnership to Page Brook Farm Inc. This
transaction had no effect on the development rights of this parcel. .
Deed Book 1417 page 258 that is dated July 6, 1994, is a certificate of Satisfaction for
394.87 acres that includes the 14.75 acres. This transaction had no effect on the
development rights of this parcel.. .
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Deed Book 1537 page 385 that is dated May 17, 1996, conveyed 394.87 acres that
includes the 14.75 acres from Page Brook Farm Inc. to Steven W. Silver. This
transaction had no effect on the development rights of this parcel.
Deed Book 1740 page 677 that is dated August 19, 1998, conveyed 394.87 acres that
includes the 14.75 acres from Steven W. Silver to Manfred H. Nettek and Gabriele N.
Heertje. This transaction had no effect on the development rights of this parcel.
Tax Map 66 Parcel 51
Our records indicate Tax Map 66, Parcel 51 contains 64.25 acres and zero (0)
dwellings. The property is not in an Agricultural and Forestal District. The most recent
recorded instrument for this property is recorded in Deed Book 1740 page 667.
This analysis begins with the deed of record in Deed Book 191 page 266 that is dated
October 19, 1925. This deed conveyed 49.25 acres designated as Lot # 1 and 15.00
acres designated as the "dower" tract from Blanch Biggers to Frank Biggers as shown
on the plat by Hugh F. Simms in Deed Book 191 page 268 dated October 1925. This
established the 49.25 acres and 15.00 acres as original parcels of record.
Deed Book 448 page 500 that is dated September 6, 1968, conveyed 49.25 acres
designated as Lot 1 and 15.00 acres designated as the dower lot from Robert S. Beck
and Frances D. Beck to Robert P. Tibor and Leah Lee Tibor. The 49.25 acres
designated as Lot # 1 and 15.00 acres designated as the "dower" tract was acquired by
Robert S. Beck as an heir at law of Frank Sanders Biggers on January 25, 1967,
intestate.
Deed Book 462 page 505 that is dated August 18, 1969, the Circuit Court of Albemarle
County decreed the 49.25 acres designated as Lot 1 and 15.00 acres designated as the
dower lot be conveyed to Robert P. Tibor.
Deed Book 582 page 436 that is dated September 8, 1975, conveyed 49.25 acres
designated as Lot 1 and 15.00 acres designated as the dower lot from Robert P. Tibor
and Leah Lee Tibor to Walter F. Johnson and Loyce P.. Johnson. Based on this deed,
Tax Map 66, Parcel 51 is determined to be two (2) parcels of record with five (5)
development rights each.
Deed Book 913 page 213 that is dated December 9, 1986, conveyed 394.87 acres that
includes the 49.25 acres lot and the 15.00 acres lot from Walter F. Johnson and Loyce
P. Johnson to Robert A. Coerver, Jr. This transaction had no effect on the
development rights of this parcel.
Deed Book 936 page 209 that is dated April 8, 1987, conveyed 394.87 acres that
includes the 49.25 acres lot and the 15.00 acres lot from Robert A. Coerver, Jr. to
Pagebrook Partnership. This transaction had no effect on the development rights
of this parcel.
Deed Book 1323 page 345 that is dated June 30, 1993, conveyed 394.87 acres that
include the 49.25 acres lot and the 15.00 acres lot from Pagebrook Partnership to Page
Brook Farm Inc. This transaction had no effect on the development rights of this
parcel.
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Deed Book 1417 page 258 that is dated July 6, 1994, is a certificate of Satisfaction for
394.87 acres that include the 49.25 acres lot and the 15.00 acres lot. This transaction
had no effect on the development rights of this parcel.
Deed Book 1537 page 385 that is dated May 17, 1996, conveyed 394.87 acres that
includes the 49.25 acres lot and the 15.00 acres lot from Page Brook Farm Inc. to
Steven W. Silver. This transaction had no effect on the development rights of this
parcel.
Deed Book 1740 page 677 that is dated August 19, 1998, conveyed 394.87 acres that
includes the 49.25 acres lot and the 15.00 acres lot from Steven W. Silver to Manfred H.
Nettek and Gabriele N. Heertje. This transaction had no effect on the development
rights of this parcel.
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 any questions, please contact me.
Sincerely,
William D. Fritz, AICP
Chief of Zoning
Copy: Gay Carver, Real Estate Supervisor
Ella Jordan, Clerk of the Board of Supervisors
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