HomeMy WebLinkAboutLOD201000004 Letter of Determination 2010-07-09COUNTY OF ALBEMARLE
Department of Community Development
401 McIntire Road, North Wing
Charlottesville, Virginia 22902-4596
Phone (434) 296-5832 Fax (434) 972-4126
July 6, 2010
Mr. J. D. Catlett, Sr.
P. O. Box 385
Scottsville, VA 24390
RE: OFFICIAL DETERMINATION OF PARCELS AND DEVELOPMENT RIGHTS --
Tax Map 136, Parcel 27C (Property of J. D. Catlett, et al) Scottsville Magisterial
District
Dear Mr. Catlett:
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 136, Parcel 27C is four (4) parcels of record which have the theoretical
development rights as outlined in the table below. The basis for this determination
follows the table.
Tax Map -Parcel -Lot
Acreage
Development Rights
136 -27C -Lot 2
2.950 acres
1
136 -27C -Lot 3
2.736 acres
1
136 -27C -Lot 4
2.000 acres
1
136 -27C -Lot 5
2.000 acres
1
136 -27C -Lot A
13.171 acres
5*
TOTAL
22.857acres
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*This number of theoretical development rights was added to Lots 4 & 5 in Deed Book
999, page 240, but not apportioned by the grantees. Therefore it is not known how the
seven (7) total rights for lots 4 & 5 are divided.
Our records indicate Tax Map136, Parcel 27C contains 22.857 acres and one dwelling.
The property is not within an Agricultural and Forestal District. The most recent
recorded instrument for this property is recorded in Deed Book 999, page 242.
This analysis begins with the deed of record in Deed Book 541, page 563 that is dated
November 30, 1973. This deed conveys the "Valmont" estate, containing 503.53 acres,
more or less, and another 25.54 acres, more or less, from Forrest E. & Lillian M.
Paulett, husband and wife, to Leonard Land and Livestock, LTD. and Chester F. Baker,
Deed Book 553, page 576, dated February 27, 1974, is a recorded "Statement of
Subdivision -Phase One -Valmont Estates" which shows seven lots out of "Valmont" on a
plat by Robert L. Lum, C.L.S., of the same date. The plat of this land references Deed
Book 541, page 563 as the source of the property. This deed establishes Lot 2-5,
among others, as parcels of record, each having one (1) theoretical development
right.
Deed Book 675, page 547, dated July 11, 1979, conveyed the same Lots 2-5, and a
tract of land to the south of these, from Leonard Land and Livestock, Ltd. and Chester
F. & Frances H. Baker, husband and wife to Charlie W. & Ida C. Patterson, husband
and wife. The property is described as being the same as was conveyed by Deed Book
553, page 576 (Lots 2-5) and as described by metes and bounds to be a portion of the
property in Deed Book 541, page 563. 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 678, page 746, and is dated
August 20, 1979. The deed conveyed "Lot B", consisting of 13.171 acres, that was a
portion of the additional tract of land described by metes and bounds in deed Book 675,
page 547, from Charlie W. & Ida C. Patterson, husband and wife to R. Hilton Patterson.
The residue of this tract, "Lot A", also consisting of 13.171 acres, was indicated to be
added to "Lots 2 through 5 as also shown" on the July 11, 1979 plat. Based on this
deed, Tax Map 136, Parcel 27C is determined to be an additional part of the four
parcels of record (Lots 2-5) with land for five (5) theoretical development rights
"to be added to and become a part of Lots 2 through 5".
Deed Book 999, page 239, dated June 23, 1988, conveyed Lots 4 and 5, each
containing 2 acres, and "Lot A" containing 13.171 acres from Charlie W. & Ida C.
Patterson, husband and wife, to J. D. & Nancy T. Catlett, husband and wife. The
property is described as being the same as was conveyed by Deed Book 675, page
547. This deed contains the statement that "It is hereby expressly agreed and
understood that said Lot A is hereby made a part of each of said Lot 4 and Lot 5 in such
proportion and the Grantees my chose..." This transaction had no effect on the
parcels.
Deed Book 999, page 242, dated June 23, 1988, conveyed Lot 2 and Lot 3 of 2.950
acres and 2.736 acres, respectively, from Charlie W. & Ida C. Patterson, husband and
wife, to James David Catlett, Jr. The property is described as being the same as was
conveyed by Deed Book 675, page 547. 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
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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.
S' cerely, ,
onald L. Higgins, Al
Chief of Zoning
Copy: Real Estate Supervisor
Ella Jordan, Clerk of the Board of Supervisors
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