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HomeMy WebLinkAboutLOD201000007 Letter of Determination 2010-11-15�'IRGII�ZP 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 15, 2010 George A. Ragsdale 630 Appleberry Mountain Road Faber VA 22938 RE: LOD2010-00007 - OFFICIAL DETERMINATION OF DEVELOPMENT RIGHTS - Tax Map 118, Parcel 5 (Property of GEORGE A RAGSDALE) Samuel Miller Magisterial District Dear Mr. Ragsdale: 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 118, Parcel 5 is four (4) parcels of record each with five (5) theoretical development rights. The basis for this determination follows. Our records indicate Tax Map 118 Parcel 5 contains 387.2 acres and zero (0) dwellings. The property is not in an Agricultural and Forestal District. The most recent deed for this property, recorded prior to December 10, 1980, the date of adoption of the Zoning Ordinance, is recorded in Deed Book 374, page 417 and is dated December 18, 1961. PRIOR TO DECEMBER 10, 1980 12.3+/- acre portion of Tax Map 118, Parcel 5 Map id A Deed Date Parcel Change Description Acres Book / Pae Y or N 174/576 02/06/1920 Parcel created Conveyed tract accurately described by plat 12.3 as 12.3ac 283/396 05/02/1949 N Conveyed 12 3/10ac. " 324/84 05/16/1956 N Conveyed as 154.3ac. being the same as 154.3ac conveyed by 2 deeds; 142ac. in DB 261 / 67 (142 & 12.3) & 12.3ac in DB 283 / 396 374/417 12/18/1961 N Conveyed as 387.2ac (being formerly 387.2 described as two tracts of 229ac.and 154.3ac., more or less) in DB 314 / 440 and DB 324184 respectively November 15, 2010 LOD-2010-00007 Page 2 of 4 PRIOR TO DECEMBER 10. 1980 142+/- acre portion of Tax Map 118, Parcel 5 (Map id B Deed Date Parcel Change Description Acres Book / Pae Y or N 175/274 12/15/1920 Parcel created Conveyed all that certain tract of land 142 containing 142ac. as shown on plat_ 175/536 02/17/1921 N Conveyed all that certain tract of land " containing 142ac. more or less 209/356 11/17/1928 N Conveyed all that certain tract of land " 129/26 08/01/1904 N containing 142ac. more or less " 261/167 09/26/1944 N Conveyed a tract of land containing 142ac. " 324/84 05/16/1956 N Conveyed as 154.3ac. being the same as 154.3ac conveyed by 2 deeds; 142ac. in DB 261 / 67 (142 & 12.3) 145/99 03/11/1911 N & 12.3ac in DB 283 / 396 50+/- 374/417 12/18/1961 N Conveyed as 387.2ac (being formerly 387.2 150/249 08/19/1912 N described as two tracts of 229ac.and " 154.3ac., more or less) in DB 314 / 440 and 235/13 04/01/1936 N DB 324 / 84 respective) " PRIOR TO DECEMBER 10. 1980 50+/- acre portion of Tax Map 118, Parcel 5 Map id C) Deed Date Parcel Change Description Acres Book / Pae Y or N 128/400 05/05/1904 Parcel created Conveyed as a tract containing by estimate 60ac. 60+/ - more or less being all of that certain tract or parcel in DB 99 / 144 (200ac more or less) less that portion of said land conveyed in DB 113 / 137 (1 50ac. more or less 129/26 08/01/1904 N Conveyed as ( 1) 306ac. (2) tract containing 60ac. " more or less 131/402 08/01/1904 N Conveyed as 1S tract containing 60ac. more or " less; 2"d tract containing 306ac. 145/99 03/11/1911 N Conveyed as First: 50ac. more or less; Second: 50+/- 306ac. 150/249 08/19/1912 N Conveyed as First: 50ac. more or less; Second: " 163ac. portion of 306ac. shown on plat 235/13 04/01/1936 N Conveyed as First Tract: 50ac.; Second Tract: " 163ac. adjoining the 50ac. 246/114 01/13/1940 N Conveyed property made up of two adjoining " separate tracts (First Tract: 50ac. and Second tract: 163ac. 256/145 11/25/1942 N Conveyed property made up of two adjoining " separate tracts (First Tract: 50ac. and Second tract: 163ac. 265/261 11/01/1945 N Conveyed 213ac. more or less made up of two " tracts (First Tract: 50ac. and Second tract: 163ac.) 289/156 05/05/1950 N Conveyed 213ac. more or less made up of two " tracts First Tract: 50ac. and Second tract: 163ac. 314/440 01/20/1955 Y Conveyed 229,6ac. more or less and more 229 particularly described on plat 374/417 12/18/1961 N Conveyed as 387.2ac (being formerly described as 387.2 two tracts of 229ac.and 154.3ac., more or less) in DB 314 / 440 and DB 324 / 84 respectively November 15, 2010 LOD-2010-00007 Page 3 of 4 PRIOR TO DECEMBER 10. 1980 163+/- acre ponion of Tax Map 118, Parcel 5 (Map id D Deed Date Parcel Change Description Acres Book / Pae Y or N 150/249 08/19/1912 Parcel created Conveyed as First: 50ac. more or less; Second: 163 387.2 Total of 20 163ac. portion of 306ac. shown _on -plat _ 235/13 04/01/1936 N Conveyed as First Tract: 50ac.; Second Tract: " the 387.2ac. being Parcel A-6 163ac. adjoining the 50ac. 827/65 246/114 01/13/1940 N Conveyed property made up of two adjoining " separate tracts (First Tract: 50ac. and Second tract: 163ac.) the 387.2ac. being Parcel A-6 256/145 11/25/1942 N Conveyed property made up of two adjoining " Conveyed all of those certain tracts, 387.2 Total of 20 separate tracts (First Tract: 50ac. and Second pieces or parcels of real property tract: 163ac. 265/261 11/01/1945 N Conveyed 213ac. more or less made up of two. " tracts (First Tract: 50ac. and Second tract: 163ac.) 289/156 05/05/1950 N Conveyed 213ac. more or less made up of two " tracts (First Tract: 50ac. and Second tract: 163ac.) 314/440 01/20/1955 N Conveyed 229.6ac. more or less and more 229 N Conveyed all that certain tract or 387.2 particulariv described on plat 374/417 12/18/1961 N Conveyed as 387.2ac (being formerly described as 387.2 two tracts of 229ac.and 154.3ac., more or less) in DB 314 / 440 and DB 324 / 84 respective) tracts of 229ac.and 154.3ac., more AFTER DFCFMRFR 10. 1980 Deed Date Parcel Change Description Acres Development Book / Pae Y or N Rights 734/258 01/01/1982 N Conveyed all the real estate 387.2 Total of 20 described as multiple parcels with the 387.2ac. being Parcel A-6 827/65 12/31/1984 N Conveyed all the real estate 387.2 Total of 20 described as multiple parcels with the 387.2ac. being Parcel A-6 914/698 12/08/1986 N Conveyed all of those certain tracts, 387.2 Total of 20 pieces or parcels of real property described as tract 186 consisting of 387.2ac. (being formerly described as two tracts of 229ac.and 154.3ac., more or less 1186/692 10/28/1991 N Conveyed all that certain tract or 387.2 Total of 20 parcel of land consisting of 387.2ac. (being formerly described as two tracts of 229ac.and 154.3ac., more or less On the basis of these deeds Tax Map 118, Parcel 5 is determined to be four (4) separate parcels of record, each with five (5) development rights. The 19.9 acre difference between 387.2 acres and 367.3 acres (12.3+142+50+163) can be contributed to the most recent survey of the exterior boundaries of the 387.2 acres. November 15, 2010 LOD-2010-00007 Page 4of4 MAP ACRES Development Rights A 12.3 acres five 5 development rights B 142 acres five 5 development rights C 50 acres five 5 development rights D 163 acres five (5) development rights The parcel is 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. 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, Francis H. MacCall Senior Planner Copy: Property Transaction Technician Ella Jordan, Clerk of the Board of Supervisors 119.79 ❑ --�- +,x 110-27 Cl_.� 118-17A AOF 118-16 66 �l EPS rane.an'9 11"A iie-10 � -- /f 118-6 19-15 117- d 118 -BA 9 �t4 -14 900 Feel , N 11H-7 718-10