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Home My WebLink AboutLOD201100009 Letter of Determination 2011-12-05COUNTY OF ALBEMARLE Department of Community Development 401 McIntire Road, North Wing Charlottesville, Virginia-22902-4596--- Phone irginia-22902-4596- Phone (434) 296-5832 Fax (434) 972-4126 December 5, 2011 Lee Rasmussen McCallum & Kudravetz, P.C. 250 E. High Street Charlottesville VA 22902 RE: LOD2011-00009 - OFFICIAL DETERMINATION OF PARCEL OF RECORD & DEVELOPMENT RIGHTS - Tax Map 89, Parcels 72 & 72A (Property of (BENJAMIN POLLARD ALSOP WARTHEN AND TERRY GWYN WARTHEN) Samuel Miller Magisterial District Dear Mr. Rasmussen: 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 89, Parcel 72 and Parcel 72A are comprised of two (2) parcels of record with nine (9) theoretical development rights. The basis for this determination follows. Our records indicate Tax Map 89 Parcel 72 contains 57.968 acres and zero (0) dwellings and Tax Map 89 Parcel 72A contains 40.396 acres and zero (0) dwellings. The properties are zoned RA, Rural Areas. The most recent deed for these properties, recorded prior to December 10, 1980, the date of adoption of the Zoning Ordinance, is recorded in Deed Book 707, page 221 and is dated August 15, 1980. PRIOR TO DECEMBER 10, 1980 (TMP89-72 - 78acres) Deed Date Parcel Change Description Acres Book / Pae Y or N 707/221 08/15/1980 N Exchange of property described as Parcels B, C & D. 78 Parcel D being Eighty-eight (88) acres, more or less, 7 composed of two adjoining pieces of seventy-eight (78F-- acres and ten 10 acres, being Tax Map 89, Parcel 72. acres 566/393 12/10/1974 N All that certain tract or parcel of land containing eighty- eight (88) acres, more or less, composed of two adjoining pieces of seventy-eight (78) and ten (10) acres, being 78 Tax Map 89, Parcel 72. 446/414 07/29/1968 N 88 acres composed of two adjoining pieces of 78 and 10 78 acres being Tax Map 89, Parcel 72. 264/322 08/30/1945 N A tract of 88 acres, more or less, being composed of two adjoining tracts, one of 78 acres and the other of 10 acres. The 78 acre parcel comprises all of Lots 5, 6, & 7 as shown on plat in DB 63 P 12 except 20 acres conveyed 78 in DB 81 P 272 and except 10 acres of said Lots 5,6 & 7 retained in DB 141 P 410, and the 10 acres here December 5, 2011 LOD-2011-00009 Page 2 of 4 PRIOR TO DECEMBER 10. 1980 (TMP89-72 —10ac) Deed Date Parcel Change conveyed (forming a portion of the 88 acres) is lot No. 3 Acres Book / Pae Y or N per DB 63 P 12 255/292 09/18/1942 N A tract of 88 acres composed of two adjoining pieces, one 10 of 10 acres & the other of 78 acres 78 --252 /1-98-- - 11/07/1941- ----N- -------A tract of 88 acres composed of two -adjoining pieces, one— - --78-- of 10 acres and one of 78 acres. 141/410 01/12/1910 N All those two certain tracts or parcels of land containing ten acres more or less, being the same tract or parcel of land conveyed in DB 141 P 408 and the other said lot or Parcel 72. parcel of land containing seventy-eight (78) acres more 446/414 07/29/1968 N 88 acres composed of two adjoining pieces of 78 and 1.0 or less. The 78 acres being the southern part of the 88 acres being Tax Map 89, Parcel 72. acres conveyed in DB 137 P 345 and being pari of Lots 88 - 10 = 78 08/30/1945 N A tract of 88 acres, more or less, being composed of two 5,6 & 7 of the plat in DB 63 P 12 which originally adjoining tract, one of 78 acres and the other of 10 acres. contained 108 acres from which 20 acres was conveyed in The 78 acre parcel comprises all of Lots 5, 6, & 7 as shown on DB 81 P 272 and except the 10 acres that was retained by plat in DB 63 P 12 except 20 acres conveyed in DB 81 P 272 Jeremiah Smith described as being parallel to and running and except 10 acres of said Lots 5,6 & 7 retained in DB 141 P the entire length of the adjacent Lot #4 in DB 63 P 12 137/345 05/05/1908 N 88 eighty eight acres 88 81/72 03/10/1881 N A certain piece or parcel of land containing twenty acres, it 255/292 09/18/1942 N A tract of 88 acres composed of two adjoining pieces, one of being a portion of the land allotted to said Smith (Horace 108ac — 20ac = 10 acres & the other of 78 acres Smith) in the partition of the estate of his father John 88 11/07/1941 N A tract of 88 acres composed of two adjoining pieces, one of Smith and recorded in DB 63 P 12 63/47 01/07/1867 N Lot No.1 containing 5ac; Lot No.2 containing 15ac; Lot No.3 108 acres containing 10ac; Lot No.4 containing 25ac; Lot No.5, 6 & 7 Lots 5, 6, & 7 containing 108ac are part of this determination 63/12 04/10/1867 N Plat of Lot #1 (5ac), #2 (15ac), #3 (10ac), #4 (25ac), & #s 108 acres 5,6,7 (108ac) Lots 5, 6, & 7 are part of this determination PRIOR TO DECEMBER 10. 1980 (TMP89-72 —10ac) Deed Date Parcel Change Description Acres Book / Pae Y or N 707/221 08/15/1980 N Exchange of property described as Parcels B, C & D. Parcel 10 D being Eighty-eight (88) acres, more or less, composed of two adjoining pieces of seventy-eight (78) acres and ten (10) acres, being Tax Map 89, Parcel 72. 566/393 12/10/1974 N All that certain tract or parcel of land containing eighty-eight (88) acres, more or less, composed of two adjoining pieces of seventy-eight (78) and ten (10) acres, being Tax Map 89, 10 Parcel 72. 446/414 07/29/1968 N 88 acres composed of two adjoining pieces of 78 and 1.0 10 acres being Tax Map 89, Parcel 72. 264/322 08/30/1945 N A tract of 88 acres, more or less, being composed of two adjoining tract, one of 78 acres and the other of 10 acres. The 78 acre parcel comprises all of Lots 5, 6, & 7 as shown on plat in DB 63 P 12 except 20 acres conveyed in DB 81 P 272 10 and except 10 acres of said Lots 5,6 & 7 retained in DB 141 P 410, and the 10 acres here conveyed (forming a portion of the 88 acres) is lot No. 3 per DB 63 P 12 255/292 09/18/1942 N A tract of 88 acres composed of two adjoining pieces, one of 10 acres & the other of 78 acres 10 252/198 11/07/1941 N A tract of 88 acres composed of two adjoining pieces, one of 10 December 5, 2011 LOD-2011-00009 Page 3 of 4 AFTER DECEMBER 10, 1980 (TMP 89-72 & 72A) Deed Date Parcel Change 10 acres and one of 78 acres. Acres 141/410 01/12/1910 N All those two certain tracts or parcels of land containing ten Per deeds and/or plats Rights 723/353 acres more or less, being the same tract or parcel of land N 88 acres composed of two adjoining 88 5 (78ac) conveyed in DB 141 P 408 and the other said lot or parcel of --- - - -- ---land containing seventy-eight (78) acres more or less. -The 78- - -- Tax Map 89, Parcel 72. acres being the southern part of the 88 acres conveyed in DB 739/385 05/27/1982 N 137 P 345 and being part of Lots 5,6 & 7 of the plat in DB 63 P 96.94 5 (78ac) 12 which originally contained 108 acres from which 20 acres 10 5 (10ac) was conveyed in DB 81 P 272 and except the 10 acres that portion of the 10 acres retained in was retained by Jeremiah Smith described as being parallel to DB 141 P 410 and running the entire length of the adjacent Lot #4 in DB 63 P 739/388 05/14/1982 Y Created 5.Oac (to be known as Parcel 12 1 (5ac) 141/408 09/16/1909 N A certain tract or parcel of land partitioned as Lot #3 on the 91.94 4 (81.94ac) plat in DB 63 P 12 containing ten 10 acres 10 Lot #3 63/47 01/07/1867 N Lot No.1 containing 5ac; Lot No.2 containing 15ac; Lot No.3 10 (Lot #3) 96.94ac known as TMP 89-72 & 72A 96.94 No Change containing 10ac; Lot No.4 containing 25ac; Lot No.5, 6 & 7 05/03/1988 N 51.2295% interest in 96.94ac known 96.94 containing 108ac 63/12 04/10/1867 N Plat of Lot #1 (5ac), #2 (1 5ac), #3 (10ac), #4 (25ac), & #s 10 (Lot #3) 997/148 05/10/1988 N 5,6,7 108ac 96.94 AFTER DECEMBER 10, 1980 (TMP 89-72 & 72A) Deed Date Parcel Change Description Acres Development Book / Pae Y or N Per deeds and/or plats Rights 723/353 07/14/1981 N 88 acres composed of two adjoining 88 5 (78ac) pieces of 78 and 10 acres being 5 (10ac) Tax Map 89, Parcel 72. 739/385 05/27/1982 N Plat of 96.94ac. This plat is a new 96.94 5 (78ac) survey that appears to include a 5 (10ac) portion of the 10 acres retained in DB 141 P 410 739/388 05/14/1982 Y Created 5.Oac (to be known as Parcel 5.0 1 (5ac) 72A) leaving a 91.94ac residue for 91.94 4 (81.94ac) Parcel 72. 5 10ac 984/333 03/21/1988 N 96.94ac known as TMP 89-72 & 72A 96.94 No Change 997/145 05/03/1988 N 51.2295% interest in 96.94ac known 96.94 No Change as TMP 89-72 & 72A 997/148 05/10/1988 N 51.2295% interest in 96.94ac known 96.94 No Change as TMP 89-72 & 72A 1270/339 10/07/1992 N 48.7705% interest in 96.94ac known 96.94 No Change as TMP 89-72 & 72A 1283/17 01/11/1993 N 96.94ac TMP 89-72 & 72A 96.94 No Change - 1712-/-449---06/05/1998--- -Y--- -Boundary line adjustment adding - -Parcel-72 is-57.968--5-(57.968ac+/ )- 33.901 ac from Parcel 72 to 5.012ac Parcel 72A is 38.913 0 (38.913ac+/-) of Parcel 72A creating 38.913ac and 5 (10ac) leaving 57.968ac 3326/564 11/21/2006 Y Boundary line adjustment adding 40.3958 No Change 1.4828ac to 38.913ac totaling 40.3958ac On the basis of these deeds Tax Map 89, Parcels 72 & 72A are determined to be comprised of two (2) parcels of record, a 78 acre'"'"parcel, less the portion now part of TMP 89-72, containing five (5) development rights, and a 10.0 acre+i- parcel, which appears to be comprised of portions of both Parcel 72 and 72A, containing five (5) development rights. December 5, 2011 LOD-2011-00009 Page 4 of 4 The allocation of five (5) development rights to Parcel 72 (57.968ac) per the plat in D13 1712 P 449 is determined to be correct. These development rights would be the -5 rights allocated to the original 78 acre parcel described above.------ - Parcel 72A (38.913ac) appears to contain a large portion of the 10 acre parcel described above, but the 10.0 acre parcel also appears to have a small portion of what is now Parcel 72. Without a revised survey of the 10 acres it is not possible to determine the acreage of Parcels 72 and 72A with this determination. Since there is not a plat that combines the 10 acres with Parcel 72A it can be determined that Parcel 72A has zero (0) development rights, because what would remain of Parcel 72A after the 10 acres was removed would all have been a portion of the 78 acre parcel and those five (5) development rights have been clearly allocated to Parcel 72. 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. 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 $240. 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, Fr_ancis_H._MacCall - Senior Planner Attachments: TAX MAP 89 PARCEL 72 & 72A (November 2011), MAP A Copy: Property Transaction Technician Ella Jordan, Clerk of the Board of Supervisors Map is for Display Purposes Only • Aerial Imagery from the Commonwealth of Virginia and Other Sources September 15, 2011 75-41 w Legend 89-65 ti (Note: Some items on map may not appear in legend) ecouecSNNivSNSNr 89-65B,; =--- j= '., oitau,ENSC �ES—ON ° CB °a" 89 -73C1 i ®aEA,'RNNNNM 89-72 89-73E5 89-73E6 89-73E7 89-64 89-72A f 89-73E8 TM: 89 M 89-73E9 M ti CD fb 89-73F1 89-73F J r 3 j 89-80 89-73F2 f co 500 ft 89-76G �' yOEALg� GIS -Web ' o �' Geographic Data Services �9-76�`RG". (w.albe6-5832rg 89-64A 89-80A 89-76E Map is for Display Purposes Only • Aerial Imagery from the Commonwealth of Virginia and Other Sources September 15, 2011 Map is for Display Purposes Only • Aerial Imagery from the Commonwealth of Virginia and Other Sources September 15, 2011 75-41 w Legend 89-65 ti (Note: Some items on map may not appear in legend) ecouecSNNivSNSNr 89-65B,; =--- j= '., oitau,ENSC �ES—ON ° CB °a" 89 -73C1 i ®aEA,'RNNNNM 89-72 89-73E5 89-73E6 89-73E7 89-64 89-72A f 89-73E8 TM: 89 M 89-73E9 M ti CD fb 89-73F1 89-73F J r 3 j 89-80 89-73F2 f co 500 ft 89-76G �' yOEALg� GIS -Web ' o �' Geographic Data Services �9-76�`RG". (w.albe6-5832rg 89-64A 89-80A 89-76E Map is for Display Purposes Only • Aerial Imagery from the Commonwealth of Virginia and Other Sources September 15, 2011