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HomeMy WebLinkAboutLOD200900002 Letter of Determination 2009-05-22AL �r 0�'1 GINIP COUNTY OF ALBEMARLE Department of Community Development 401 McIntire Road, North Wing Charlottesville, Virginia 22902-4596 Phone (434) 296-.580 2 Fax (434) 972-4126 May 20, 2009 Brian S. Ray c/o Roger W. Ray & Assoc., Inc. 1717-1 B Allied Street Charlottesville, VA 22903 RE: OFFICIAL DETERMINATION OF PARCELS -- Tax Map 70, Parcel 14 (Property of Tiverton Farm II LLC) Whitehall Magisterial District Dear Mr. Ray: 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 70, Parcel 14 is three parcels of record. The basis for this determination follows. Our records indicate Tax Map 70, Parcel 14 contains 443.103 acres and three dwellings. The property is not -within an Agricultural and Forestal District. The most recent recorded instrument for this property is recorded in Deed Book 3651, page 195. This analysis begins with the deed of record in Deed Book 118, page 457 that is dated November 9, 1900. This deed conveyed 745.75 acres, more or less, known as "Tiverton", from Roy Baylor to Mrs. Marie M. Owsley. This deed establishes the first tract as a parcel of record. Deed Book 133, page 350, dated August 3, 1906, conveyed 27 acres from David Funsten to Mrs. Marie M. Owsley. This deed establishes the second tract as a parcel of record. Deed Book 137, page 327, dated April 14, 1908, conveyed 19 acres from Filmore J. Fox and Ashby D. Fox to Mrs. Marie M. Owsley. This deed establishes the third tract as a parcel of record. Deed Book 153, page 339, dated August 12, 1913, conveyed the farm "Tiverton", made up of three tracts of land consisting of a total of 791.25 acres, more or less, from William I:\DEPT\Community Development\Zoning & Current Development Division\Determinations of Parcel\2009\70-14-LOD2009-003 1 Tiverton.doc E. Boeing to John G. Hopkins. The deed describes William E. Boeing as the sole heir to the estate of Marie M. Owsley. This deed provides a plat showing the three separate tracts and provides the origin of each tract along with deed book and page references that correspond with those outlined above. This transaction had no effect on the parcels. Deed Book 169, page 291, dated February 12, 1919, conveyed 791.25 acres from John G. Hopkins and Mrs. Minnie E. Hopkins, his wife, to Frederick D. Owsley. The land is described as the same land which was conveyed by Deed Book 153, page 339. This transaction had no effect -on the parcels. Deed Book 368, page 22, dated March 1, 1961,`conveyed the farm "Tiverton", then consisting of 771.99 acres, from Mariska Owsley, widow of Frederick D. Owsley, to Mike Hughey. This land was described as "Parcels Nos. 1 and 2", with parcel No. 1 consisting of 472.10 acres, more or less and being the same land conveyed by Deed Book 169, page 291, minus a number of off conveyances listed in the deed. Nothing in this deed explicitly combines the first, second and third tracts that would make up parcel No. 1. This transaction had no effect on the parcels. The most recent instrument for this parcel recorded prior to the adoption of the Zoning Ordinance, December 10, 1980, is recorded in Deed Book 473, page 608, and is dated June 27, 1970. The deed conveyed 751.79 acres, more or less, known as Tax Map 70, Parcel 14, from Mike Hughey and Evelyn Hughey, his wife, to Imperial Oil Company. This land is described as being same as conveyed by Deed Book 368, page 22. This transaction had no effect -on the parcels. Based on this deed, Tax Map 70, Parcel 14 is determined to be three parcels of record. Deed Book 3651, page 195, dated September 30, 2008, conveyed the 472.10 acres known as Parcel No. 1 in Deed Book 368, page 22, from Imperial Oil Company to Tiverton Farm II, LLC. The property is described as being the same as was conveyed by Deed Book 473, page 608, less 20.20 acres and 5.00 acres off conveyed by Deed Book 3549, page 451 and by Certificate of Plat, Deed Book 3651, page 184. This transaction had no effect on the parcels. 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. I:\DEPT\Community Development\Zoning & Current Development Division\Determinations of Parcel\2009\70-14-LOD2009-003 2 Tiverton.doc If you have any questions, please contact me. Sincerely, �bnald L. Higgins, AICP Chief of Zoning Copy: Real Estate Supervisor Ella Jordan, Clerk of the Board of Supervisors I:\DEPT\Community Development\Zoning & Current Development Division\Determinations of Parcel\2009\70-14-LOD2009-003 3 Tiverton.doc