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HomeMy WebLinkAboutLOD200800004 Letter of Determination 2014-03-20 (2)Up COUNTY OF AT,BEAL4RLE Department of Community Development .401'Mcin ire Road; NorthWhi; Charlottesville, Virginia 22902-4596 Phone (434) 2965832 Fax (434) 972-4126 May 16, 2008 John W. Smith and Emily W. Chewning 5027 WindrowsFarm Lane Barboursville VA22923 RE: LOD2008-00004 OFFICIAL DETERMINATION OF PARCELS AND DEVELOPMENT. -RIGHTS- Tax `Map 66, Parcel 5; "Tax Map 65, Parcel ,.115;. Tax..Map 65,`Parcel 116 (Property of JOHN W. SMITH AND EMILY W. CHEWNING) Rivanna 'Magisterial:�Distrct Dear Mr. Smith and Ms. Chewning: 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 66, Parcel 5. consists of two (2) parcels of record, Tax Map. 65, Parcel 115 consists of four (4) parcels of record and Tax. Map 65, Parcel 116 is one (1) parcel of record. These seven (7) parcels have a total of nine (9) theoretical development rights, as outlined in.the following table: MAP KEY Tax Map=Parcel DeedZook/Page Acreage Development Rights 1 TMP 66-5 Lot #5 DB 151, P: 113, 114 1 7/8 Acres. 1 2 TMP 66-5 .Lot #5 DB 239, P 231 & 233 3.00 Acres 1 3 TMP 65-115 DB 111, P 121, 122 7.53 Acres 3 •4 TMP 65-115 Lot #3 DB 151, P 113,114 1 1/2 Acres 1 5 TMP 65-115 Lot #9 DB 239, P 231 &.235 1.03 Acres 1 6 TMP 65-1-15 Lot #4 DB .239, P 231 & 235 : 0.94 Acres 1 7 TMP 65-116 Lot #4. DB 151, P 113, 114 11/8 Acres 1 Total 9 Tax Map 66 Parcel 5 Our records indicate Tax Map 66, Parcel 5 contains 4.88 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.2211, page 657. This analysis begins with the deed of record in Deed Book 151, page 113, dated December 6, 1912. The deed conveyed six (6).lots from the Estate of Frances Burrell to Mary and Albert Cosby [Lots #1 (3/16 ac) and #4 (1 1/8ac)]; Susan and James Royster[Lots #2 (7/88c) and #6 (5ac)]; Bolling D. Burrell [Lot #3 (1 ,1/2ac)]; and John Burrell [Lot #5 (1'7/8ac)1. These lots are shown on a plat by Hugh .F. Simms S.A.C. dated October -1912. `It is-determined`thatthis deed.estab1ished"th'ese 6 lots,.as or�,g�nal parcels o'F record Lot #5, confia�nng 1_,7/8 ac'res and one (1) �levelopm right �s a -portion of Tax °Map 66, Parcel 5: Tl is is -designated as ==#'I �on fihe map ey. Deed :Book 239, page.233, dated February -24, 1938 co, ave.-yed.3-acres from Bo- (ling D. Burrell`and'Martha:Burrell,.Mar y -and Albert Cosby and Bessie F. Guy to John W. Burrell. -The property is designated as Lot,.#5. on -the plat by Hugh F. Simms S.A.C. dated January 1938. The property is further described:as being-th.e same as was conveyed .by Deed Book 151, page 113. 'Itis d6t rmined-thatlhis deed established Lotti#5.as an original parcel of .record. Lot #5 containing..3:OO:acres -Inc! one (1) developrnent right is a portion of'Tax Map 66, Parcel':5. This is designated .as #2 on -the map key. Deed Book 738, page 428, dated August 12, 1976 conveyed two (2) tracts of land from Pauli ne:B. ,Earle, ,Marion B. Watson, Mozelle B. Keyes, Mary Burrell, Bettina B..Diggs and:Edward Diggs, and Bessie Guy the sole heirs of John W. Burrell -to Bolling David Burrell and M Myrtle . Burrell. The properties are described as.being the same as were PIE and conveyed by Deed Book 239, page.23[L 3 ot #5 (3ac)] and platted and conveyed in Deed Book ,1"51, page 113 _[Lot #5 (1 7/8ac)]. This -transaction had no effect on :the development rights of the, parcels. Deed: Book 1078, page 372, dated November 17, 1989 conveyed 4.88 acres from Bolling D. Burrell and 'Myrtle M. Burrell, Victoria Mozelle B. Keyes, Bettina B. Diggs, Pauline Earle, Paulinel. Faulcon, Sylvia McCloud, Burnett O. Watson Jr. and Margaret Watson, and May Burrell -to. Philip H. Hightower and Kristin H. Hightower. The parcel is described as Parcel 6, containing 4.88..acres and designated as two (2) tracts, a 3.00 cre tract The property is described as being the same as was acre -tract, and a 1 8&.acre mTM �� r conveyed D'D:eedBook�738, page 428: Th is' trans action'had no`effect on the development rights of the parcels designated as #1 & #2 on the map key. Deed Book 2211, page 657, dated June 6, 2002 conveyed multiple parcels including Tax Map 66, Parcel 5., containing 4.88 acres from. Philip H. Hightower and Kristin H, Hightower to John W. Smith and Emily W. Chewning. The property is described as being the same as was conveyed by Deed Book 1078, page 372. This transaction had no effect on the development rights of the parcels designated as #1 & #2 on the map ,key. Tax -Map 65 Parcel -115 Our records indicate Tax Map 65, Parcel 115 contains 11.00 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 *2211, page 657. This analysis begins with the deed of record in Deed Book 111, page 1.21, dated January 1, 1898. The deed conveyed 7.53 acres from'Mary S. Boyden, Fannie M. LJVyU%-,11, VlilLr.7U11V YY. Vv.Y v1., u..... ..v. n.v..... v. .., ... ... -- --.... .� .. _... --- is shown on. the plat by Robb Sampson dated March 1895. This established the 7.53 acre parcel as an original parcel. of record with three (3) development rights. The 2 7.53-.acre.parcel is.a portion of Tax Map 65, Parcel 1-15."The parcel is designated as,,#3 on.the :map key. Deed Book 151, page 113, dated_ December 6, 1912 conveyed six (6) lots -from .th-e Estate of Frances Burrell to-Maryand,Al `ert.-Cosby [Lots #1 (3%16 -ac} and #4 (:1-1%8ae)]; -Susamand-James°-Royster [Lots -#2 (7/8ac) and46 (5ac)];-Bolling-D. Burrell- [Lot -#3.(1 1/2ac)]; and John Burrell [Lot #.5 (1 7/8ac)]. The parcels are :shown on the plat by Hugh F.-Simms-S.A.C. dated Octo61er-1,91,2. It"is.,determme°dahat`-this_.deed established Lot #3 as an original parc6Uof record with one (1.) development right. Lot #3 containing *1"1/2,.acres is a portion of Tax -Map 65, Parcel°115. The parcel is designated as #4 on the map key. j Deed,.Book.239, page,235, dated February 24, 1938 conveyed four lots including Lot #4 (.94ac) and.Lot #9 (1.03ac) from John W. Burrell and.Sarah.Burrell, Mary B. Cosby and Albert Cosby, and Bessie F. Guy -to Bolling D. Burrell. The property is shown on the plat by Hugh F.'Simms'S.A.C. dated January 1:938 and is described as being the same as was conveyed by Deed Book -151, page 113. Based orrthis deed, Lot #4, a.94 acre parcel, :and Lot`#9, a 1.03 acre parcel, are original parcels of record each With one (1) development right. The 94 -acre parcel is designated as #6 on the map key... The -1:03-acne parcel is designated: as #5 on the map key. Deed Book 1078, page 372, dated November 17, 1989 conveyed Parcel 4 consisting of 11 acres comprised of. Lot 4 (.94ac), Lot 9 (1.03ac), a'7.53 acre lot, and a 1.5 acre lot from Bolling D. Burrell and Myrtle M. Burrell, Victoria Mozelle B. Keyes, Bettina B., Diggs, Pauline Earle, Pauline I. Faulcon, Sylvia McCloud, Burnett O. Watson Jr. and Margaret Watson, and Mary Burrell to Philip H. Hightower and Kristin H. Hightower. The properties are described as being the.same as was conveyed in Deed Book 239, page.235, Deed .Book 111, page 121 and Deed Book 151, page 113 respectively. This transaction had no effect on the development right of the parcels. Deed Book 2211, page'657, dated June 6, 20'02 conveyed multiple parcels including Tax Map 65, Parcel 115 from Philip H. Hightower and Kristin H. Hightower to John W. Smith and Emily W. Chewning. The property is described as being the same as was conveyed by Deed Book 1078, page 372. This transaction had no effect on the development right of the parcels. Tax Map 65 Parcel 116 Our records indicate Tax Map 65, Parcel -116 contains 1.13 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 .2211, page 657. This analysis begins with the deed of record in Deed Book 151, page 113, dated December 6, 1912. This analysis begins with the deed of record in Deed Book -151, page 113, dated December 6, 1912. The deed conveyed six (6) lots from the Estate of Frances Burrell to Mary and Albert Cosby [Lots #1 (3/16 ac) and #4 (1 -1/8ac)]; Susan and James Royster [Lots #2 (7/8ac) and #6 (5ac)]; Bolling D. Burrell [Lot #3 (1 -1/2ac)]; and John Burrell [Lot #5 (1 7/8ac)]. The property is shown on the plat Dy riugn r. Simms a.H.u. amea October 1912. It is determined that this deed established Lot #4 as an original parcel of record containing 1 1/8 acre. The 1 1/8.acre parcel is. designated. as #7 on'the map key. 3 Deed Book 388, page 159, dated May 16, 1963 conveyed Lot #4 on the plat by Hugh F. Simms S.A.C. dated' October 1 91,2 consisting of 1 1/8 acres from David J. Wood and -,r Etelka M Wood to James A Turner and Sally G Turner. The'°property is described a being the -same as vvas conveyed by Deed=Book -1:51,-page 113 Based on ffls deed; Tax Map=65;Parcel-1'16- is- determined -to be- a parcel -of -record -with one (-1-) development -right. Deed Book 1189, page 338, dated November 18, 1991 conveyed 1 1/8 acres from Stephen L. Raynor, Special Commissioner in the matter of the County of Albemarle v. James A. Turner and Sally G. Turner to Philip H. Hightower and Kristin H. Hightower. The property js described as being the same as was conveyed by Deed Book 388, page 159. This,transaction had no effect on. -the development right of the parcel. Deed Book.2211, page 657, dated June 6, 2002 conveyed multiple parcels including Tax'Map 65, Parcel 115 from`Philip H. Hightower and Kristin H. Hightower to John W. Smith and Emily W. Chewning. The property is described as. being the same as was conveyed by'Deed Book 1189, page 338. This transaction had no effect on the development right of the 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 __. , tfie`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 $120. The date notice of this determination was. given.is.the same .as the date of. this .letter. If .you have any questions, please contact me. Sincerely, John Shepherd Manager of Zoning Administration Copy: Gay Carver, Real Estate Supervisor EIIa.Jordan, Clerk of the Board of Supervisors Deed Book 111, page 121 plat Deed Book 151, page 113 plat Deed Book 239, page 235 plat. Map Key 65 and 66 rd .ie ygygyg � u Ell I I rV, � 3 '. Ci M tb LL N' lb _ .w �Yj�D/ ca yrlj ry J/ n �jlG Lb i /7 ��, 1 jj � 11'1 �/`Yy1;i✓ y 1 1 i/ N to in In ..r l0 !G ���i5l�, n r�� VJWVW/� W •' • •fcljj�Q U, l J♦ 3 ,Y/� 4 / \- -x • C't. � � %'nom «� ',xl n _ 9 �IX - �x ���' f�L�'�>'W,�•p- — — -Fy o -a - ,.\ ' This is a plot of the division oY a traat .of 10 9,16 acres of land situated in tllF th the Estate of 1;,rances Burrell & divided a, tj of Cobhwn,Albemarle Cu•,bF3lonl;ing to her will betw©en her four children. .p Mary & Albert Cosby (her husband) was given Lot #`1 & 4 containing in the agE;ret . k..5 10.,.n.eves..& butuzcied, o . Pullovice,, Lot.. `1'.;.( 3/1t ,..a..). Begins. in,..ceriter,of Cubhs;4Rea corner to Db.%i6 !.larrett thence N.26 Fl.11r pos•to a stone thence N.S? E.2 SAO p! stone corner Lot '.2 thence, S.21 3/4 E;:riSz ft.to Pimp in all 83 ft.to house thenen: wall hdahouse Southward 14 ft.4 into corner hall thence eastvrard 6 ft.to center hall dour thence thruugh center of hall S.32 E.103 ft. to center of•rao.d oppoaitO thence along road 3 36/100 pos.to begin. Lot #L4 (1 1�$ a.) Begins in .cents r of ro. posits stone. U' Omer Lot 113 thence N.24 3,/4 W.21 4,10 pos.to stone in Rolling D.Bu a line thence Id•51>� B•s 310 pos.to stone corner to Lot J'S thence. 5.21 x.27 3/10 Pc center road oppoq,te stone & thence along road 7 6%10 po6.to beg. To Susan & Jwnes Royster.(her husband) was given Lot 2 & 5 containing in the ag 5 7/8 acres & bounded as follows- Lot l`-2• (7fS)a• Begins at stone comer Lot Irl th S. 21 3�4~F•5`�1 ft.to pturtp in all S3 ft.to house ( 2074" from N.V4: corner & 2.4•3n corner) thence taking wall of houso southward 14 ft:4 in.td corner hall thence ea 0 6� ft -to center back hall dour thence through center hall 5.32 E•103 ft -to center _q , Home 1? nos .to center of lane a corner. to Lot #`3 thence along lane N W.11 5;10 pos.to Su.gate post in Bolling BurWe9.1's line thence S.S* W-12 pos•tu. Lot 416 (5 a•) Ragins in center of road a corner to Lot* LS 'thence N.3 3/4 w• 74/1- Lb f S1 CA, r CA D tM ' c X09' it n ' \ \ • _ � rL \ _V -IR GI -NIA:. _ __ _ _ �_ o s •` \ \ ._ N 1st"1938.ril \ 1 I the Clerk Is Office of Albemarle Circuit Court, April � This deed was presented to me in saod iffice J and with certificate annexed \\ ;admitted to record at 10:00 A.X. and plat attached. i � c ILI 3 d . �/• /fib•, �� , I. ti �16v gg�� 35 47 • I . P o nrz'/M w I mo 5. ,o•s� 3 zl,z iv Lb f S1 CA, r CA D tM ' c X09' it n ' \ \ • _ � rL \ _V -IR GI -NIA:. _ __ _ _ �_ o s •` \ \ ._ N 1st"1938.ril \ 1 I the Clerk Is Office of Albemarle Circuit Court, April � This deed was presented to me in saod iffice J and with certificate annexed \\ ;admitted to record at 10:00 A.X. and plat attached. i �