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Home My WebLink AboutLOD200400024 Application 2004-08-11i REQUEST FOR DETERMINATION PARCEL OF RECORDt�-ITg39 RIGHTS r-_ Parcel of Record. $75.00 14 FILE #: 40, 62Co4oY Division Rights $40.00 ADMEN (WATVED) is NON AD ��z DATE OWNER: Name: —Z14 i L�t F.s J4vWA2D NAME r, Address: 30 SAY Zr)AD Nr9271y Phone: 43y . q79. 79 ao C nw1y671z APPLICANT: Name: A i tC> + S 14 EI L A- w•EsC t Address: 1-1941 64AZZI ED. , &41 Phone: 49- z9 7.OR 6 GA ST(J!V i M a V UJ .7(0 - 1, r- 126 126 4cK) C.,FI2. V CONTACT PERSON: Name: -124-d PZ�d" BayI Baa. Address: L-61cAi 2_ z, yA ILI E. �NA l nj. 53 644Ae-t2 wi `Sy t t LC - -VA 2 2002- Phone: u 614. z.N T. S4 z9 TAX MAP: y 3 , PARCEL(S): 3 0 � ZONED: ' LOCATION: 6 20 A*D , A e)55 P,2o m i -0X Fi ct-,Z> ACREAGE: /0 3. ZS -t'/- I (TOTAL) •S4Ad L -E (EACH PARCEL) NUMBER OF PARCELS: / 1. Tax Map page. 2. Last instrument of record (plat and/or deed) in the Clerk's Office of the Circuit Court of Albemarle County, Virginia on or prior to December 10, 1980. (Highlight or underline references to the subject property). 3. All plats and/or 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, with explanation of same. I certify that to the best of my information, belief and professional opinion, these attachments include all pertinent plats and deeds from the Clerk's Office, as required under "submittal requirements. 1111164 t Date Signature ft LECLAI R RYAN A Professional Corporation 123 East Main Street 8d, Floor Charlottesville, Virginia 22902 434.245.3444 August 11, 2004 Mr. John Shepherd Manager of Zoning Administration Department of Building Code and Zoning Services County of Albemarle 401 McIntire Road Charlottesville, Virginia 22902 ATTORNEYS AT LAW TARA ROWAN BOYD tboyd@ledaiiryan.com Direct Dial: 434.245.3429 Direct Fax: 434.245.3459 Re: Division rights determination for Jumping Branch Farm (Tax Map 43 Parcel 30B) Dear Mr. Shepherd: This is to request a Division Rights Determination for the referenced parcel, which is zoned Rural Areas. Enclosed please find the request form, together with a check for the $40.00 processing fee and copies of the referenced documents. Following is my calculation of the property's development rights, which I would like you to verify. The subject property supports a single dwelling and dependencies, and is in land use. On December 10, 1980, the property was owned by Howard L. Hamilton by instrument recorded August 4, 1972 in Will Book 47, page 143. Mr. Hamilton received the property from his wife's ancestors through a series of testamentary and intestate transfers (see instrument recorded November 29, 1961 in Will Book 41, page 422), so that the property as received by Mr. Hamilton in 1972 was the same property described in a deed dated May 31, 1947 and recorded in Deed Book 274, page 250. Upon Mr. Hamilton's death on April 15, 2002, his second wife, Elizabeth Bentley Hamilton, received the property by instrument recorded in Will Book 102, page 503 (see page 51.5). Mrs. Hamilton conveyed the property intact to its present owner, Phillips Howard Hamilton, Trustee of the Share A Trust Established under Clause 2 of Article Five of the Howard Laverne Hamilton Trust Agreement Dated June 7, 1991, by deed dated November 18, 2003 and recorded in Deed Book 2712, page 469. The property is the residue of a 340 -acre tract described in a deed to Grover C. Dula recorded in Deed Book 233, page 243, less two off -conveyances of 173.4 acres and 58.4 acres. Plats of the two referenced off -conveyances are recorded with deeds in Deed Book 263, page 489 (173.4 acres) and Deed Book 264, page 191 (58.4 acres); however, neither plat depicts the residue of the 340 -acre parcel containing the property in question. (For simplicity, I will call these two plats the "Dula Plats," as they depict off -conveyances by the then -owners, Grover and Faith Dula.) The underlying 340 -acre parcel is described in a prior composite plat of six separate parcels recorded in Deed Book Alexandria • Blacksburg • Charlottesville • Glen Allen • Norfolk • Richmond • Roanoke • Washington DC www.leclairryan.com Mr. John Shepherd Department of Building Code and Zoning Services August 11, 2004 Page 2 of 2 233, page 246. This composite plat reveals that the property in question was actually composed of two parcels plus residues of three other parcels.' Because the Dula Plats did not dissolve the boundaries of the six parcels shown on the composite plat, the parcels shown on the composite plat survived. Therefore, the two parcels and residues of three other parcels revealed by the composite plat and the Dula Plats were parcels of record as of December 10, 1980. Because the acreages of the residue parcels composing the subject property are not shown on any plat of record, we had an overlay of the Dula Plats and composite plat (and supporting documents) prepared using the metes and bounds contained in those items to show the location and acreage of each component residue parcel. That overlay is enclosed for your reference. Based on the overlay, the property in question appears to be composed of the following parcels of record containing the corresponding acreages and development rights: Parcel (keyed to overla)) Acreage Development rights A +/- 4 ac. 2 B +/- 1.2 ac. 1 C +/- 24.5 ac. 5 D +/- 37.75 ac. 5 E +/- 36.75 ac. 5 Total 18 Based on the above analysis, I respectfully submit that the property contains five parcels of record and a total of eighteen development rights, and request your determination. Please contact me if you have further questions regarding the subject property. '�7e t ky-ya rs ara Rowan Boyd, Esq. Enclosures ' I enclose for your reference copies of the plats and conveyances aggregated onto the composite plat. Beginning in the northwest corner of the composite plat and proceeding clockwise, these are: Deed Book 158, page 319, Deed Book 124, page 55, Deed Book 130, page 42, Deed Book 157, page 110, Deed Book 157, page 109 and Deed Book 128, page 490. These supporting documents suggest that the composite plat correctly represents the configuration of the property at the time.