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COUNTY OF ALBEMARLE
Department of Community Development
401 McIntire Road, North Wing
Charlottesville, Virginia 22902 -4596
Phone (434) 296 -5832 Fax (434) 972 -4126
January 6, 2015
Kathy D Abell
McCallum & Kudravetz P.C.
250 E High Street
Charlottesville, VA 22902
RE: LOD2014 -00014 - OFFICIAL DETERMINATION OF PARCEL OF RECORD &
DEVELOPMENT RIGHTS - Tax Map 8, Parcel 50 (Property of FRANCES P GIBSON
TRUSTEE OF THE FRANCES P GIBSON TRUST) White Hall Magisterial District
Dear Ms. Abell:
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 8, Parcel 50
is comprised of one (1) parcel of record, with five (5) theoretical development rights. The basis
for this determination follows.
The Albemarle County Real Estate Assessment records indicate Tax Map 8 Parcel 50 contains
161.82 acres and two (2) dwellings. The property is zoned RA, Rural Areas.
The most recent deed for Tax Map 8 Parcel 50, recorded prior to December 10, 1980, the date
of adoption of the Zoning Ordinance, is recorded in Deed Book 309, page 212 dated February
08, 1954.
PRIOR TO DECEMBER 10, 1980
TMP 8 -50 — (165 + /- and 133 + / -)
Deed
Book / Page
Date
Parcel Change
Y or N
Description
Acres
67/438
07/17/1872
N
J J Bowcock Commissioner conveyed to said six Eddins
children the land described and conveyed in accordance
with said division of said Commissioner...
To Mary Ann Eddins wife of James W Eddins lot No
133 acres
4 (saw mill tract) containing 133 acres, ...
To Jane L Gibson wife of Sandy Gibson Lot No 6
upland contains 165 acres Lot No 6 of flat land
165 acres
containing 10 acres makes together 175 acres...
and 10ac
90/429
08/17/1888
N
James W Eddins and Mary A Eddins his wife bargain and
sell ... with general warranty to Sandy Gibson all of that tract
or parcel of land, ...containing one hundred and thirty three
acres being the same tract or parcel of land which was
133 acres
assigned to the said Mary A Eddins, as one of the heirs of
the late Nelson Barksdale in the division of the land of the
late James L Carter.
January 6, 2015
LOD- 2014 -00014
Page 2 of 5
99/52
02/24/1893
Y
DB 67 P 438 conveyed to said six Eddins children the land
herein after described and conveyed in accordance with
133 acres
said division of said Commissioner which said deed
however is recorded as to said Eddins... now and therefore,
&
this deed made this 24'" day of February 1893... the
following property in accordance with plat hereto attached to
165 acres
wit:... To Mary Ann Eddins Lot No. 4 (saw mill) tract
containing 133 acres ... To June L Gibson wife of Sandy
&
Gibson lot No. 6 of upland containing a 165 acres and Lot
No. 6 of flat land containing 10 acres making together 175
10
acres being parts or parcels of said 838 acres of land
acres
divided between the parties of the second part in DB 67 P
438.
This deed platted the lots from DB 67 P 438
Lot No. 4 conveyed to Mary Ann Eddins in DB 67 P
438 was conveyed to Sandy Gibson in DB 90 P 429
prior to the platting of the six tracts of land with this
deed. Lot No. 4, 133 acres is determined to be a
separate parcel of land.
The deed describes the 165 acres as Lot No. 6
upland and separately 10 acres as Lot No. 6 of flat
land. The 165 acres and the 10 acres are
determined to be separate parcels of land for
this determination.
147/280
09/29/1911
N
Sandy Gibson, now seventy eight years old, owns two tracts
298 acres
of land. One of these tracts consists of several parcels, all
+/-
making one whole tract, and this is the home place, or
(133 +165)
residence of said Sandy Gibson, consisting of (that is, all the
parcels aggregate) something less than 300 acres and
&
"another tract of land separate from his said home place"
Sandy Gibson and three of his sons convey to John T.
10
Gibson also a son of Sandy Gibson, ownership of Sandy
acres
Gibson's property and three undivided sixth shares owned
by the three brothers of the two tracts of land described.
John T. Gibson now owns four undivided sixths of the tracts
described.
The second tract is noted as being in a location but
is not described in acres or with a plat. This is
likely the 10 acres of flat land described in DB 99
P 52 and is a separate parcel as noted above.
154/68
10/21/1913
N
Sandy Gibson, Mathew D. Gibson and A.E.M. Runkle,
298 acres
guardian of three of Sandy Gibson's grandchildren, convey
+/-
to John T. Gibson the remaining two shares of the two tracts
(133 +165)
of land described in DB 147 P 280.
10
Acres
January 6, 2015
LOD- 2014 -00014
Page 3 of 5
309/212
02/08/1954
N
Certain real estate containing 356- 48/100 acres, more or
Acres
Development
Rights
735/242
02/16/1982
less, ...the following described real estate, to -wit:
All that certain tract or parcel of land, shown
First Tract, all that certain tract or parcel of land
as Tract A containing 136.82 acres on a plat
containing 300 acres, more or less.
298 acres
of William S. Roudabush, Inc., C.L.S., dated
Second Tract, containing 38 acres more or less,
+/_
January 19, 1982, revised February 1, 1982,
Third Tract, all that certain tract or parcel of land containing
(133 +165)
3.48 acres, more or less.
Fourth Tract, all that certain tract or parcel of land containing
hereof, being a portion of the property
15 acres, more or less.
conveyed in DB 309 P 212.
The Second, Third and Fourth Tracts noted above
The 136,82 acres shown as Tract A
are separate tracts of land. These tracts are noted
was not divided from the parcel
in further deeds to have been off conveyances of
the total 356- 48/100 acres. They are not off
conveyances of the parcel of record since they are
parcel of record. Tract A is Lot No.
separate parcels of record.
4 from DB99P52
The 10 acre tract is not described here but is
The attached plat shows a residue of
divided off in a later deed (DB 1703 P 69) Even
163.5 acres, and includes a note that
though it is not mentioned there is no evidence that
it was conveyed in a separate deed prior to DB
1703 P 69
TO RETAIN THEIR DEVELOPMENT
AFTER DECEMBER 10, 1980
TMP 8 -50 — (138.379)
Deed
Book / Page
Date
Parcel Change
Y or N
Description
Acres
Development
Rights
735/242
02/16/1982
N
All that certain tract or parcel of land, shown
as Tract A containing 136.82 acres on a plat
of William S. Roudabush, Inc., C.L.S., dated
January 19, 1982, revised February 1, 1982,
163.5
5
a copy attached hereto and made a part
hereof, being a portion of the property
conveyed in DB 309 P 212.
The 136,82 acres shown as Tract A
was not divided from the parcel
because it was already its own
parcel of record. Tract A is Lot No.
4 from DB99P52
The attached plat shows a residue of
163.5 acres, and includes a note that
"ALL PARCELS OF RECORD ARE
TO RETAIN THEIR DEVELOPMENT
RIGHTS"
January 6, 2015
LOD- 2014 -00014
Page 4 of 5
1703/69
05/08/1998
N
All that certain lot or parcel of land,
containing 10.301 acres on a plat of
Roudabush, Gale & Assoc., Inc, C.L.S. dated
April 10, 1998.
163.5
5
No residue of TMP 8 -50 is stated on the plat.
The 10+ acres is a separate parcel
of record as noted above in the
explanation in DB 99 P 52 in 1893
thus did not use a development right
from the 163.5 +/- acres. with the
platting of the parcel.
1768/329
11/18/1998
N
All that certain lot or parcel of land, shown as
Tract C, containing 13.55 acres on a plat of
William S, Roudabush, Inc. C.L.S. dated
163.5
5
January 19, 1982.
This is the plat recorded on DB 735 P 242.
This tract is Tract No 5 as described
in DB 67 P 438 and platted in DB 99
P 52 as 15 acres. This is a separate
parcel of record and did not utilize a
development right from the 163.5 +/-
acres.
2351 /311
01/03/2003
N
All that certain tract or parcel of land,
containing 16.07 acres, more or less, and
being more particularly described on a plat of
163.5
5
Roudabush, Gale & Associates, dated
September 13, 2002.
No residue of TMP 8 -50 is stated on the plat.
This tract is platted as a 15 acre
parcel in DB 259 P 555. This is a
separate parcel of land and did not
utilize a development right from the
163.5 +/- acres.
3523/246
01/03/2003
N
This is a deed that establishes the Frances
P. Gibson Trust. This deed describes the
356.45
property as "All that certain tract or parcel of
land, containing 138.379 acres, more or less,
-3.48
Off
being the rest of the residue of 356- 45/100
-13.9
conveyed
acres of land conveyed" in DB 309 P 212.
-24
prior to
12/10/1980
What is described in the deed as off
conveyances were not off
- 136.82
These
conveyances of new lots. They were
- 10.301
parcels are
off conveyances of lots of record that
-13.55
separate
were deducted from the total amount
-16.07
parcels of
of land that was originally owned by
=
record
Thomas C Gibson and Frances P
l
Gibson in DB 309 P 212.
138.379+/-
5
January 6, 2015
LOD- 2014 -00014
Page 5 of 5
On the basis of these deeds
As of December 10, 1980, Tax Map 8, Parcel 50 is determined to be one (1) parcel of
record, comprised of approximately 138.379 acres +i containing 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 (30) days
of this notice, in accordance with Virginia Code § 15.2 -2311. If you do not file a timely appeal,
this determination shall be final and unappealable.
An appeal may be taken only by filing an appeal application with the Zoning Administrator and
the Board of Zoning Appeals, in accordance with § 34.3 of the Zoning Ordinance, along with a
fee of $240 plus the actual cost of advertising the appeal for public hearing.
Applications for Appeal of the Zoning Administrator's Determination are available at the
Department of Community Development located at 401 McIntire Road, Charlottesville, Virginia
22902 or online at www.albemarle.org /cdapps. This form applies to the appeal of a decision of
the zoning administrator or any other administrative officer pertaining to the Zoning Ordinance.
Regulations pertaining to the filing of an appeal to the Board of Zoning Appeals are located in
Chapter 18, Section 34.3 of the Zoning Ordinance. They may be reviewed online at
www .albemarle.org /countycodebza.
(Please note that our online documents are in Adobe Acrobat PDF format and must be viewed
with the Adobe Acrobat Reader or an equivalent. A link to download the free plug -in is available
at the bottom of www.albemarle.org /cdapps.)
If you have any questions, please contact me.
Francis H. MacCall
Principal Planner
Attachment: Map delineating parcel of record
A current surveyed plat, which has yet to
be recorded, by Commonwealth Land
Surveying Inc, C. Steve Garrett C.L.S.
dated November 21, 2014 shows the
entire property known as Tax Map 8
Parcel 50 as being 137.64 acres. This
plat is proposing a division of the parcel
and is the most accurate representation
of the parcel acreage to date.
On the basis of these deeds
As of December 10, 1980, Tax Map 8, Parcel 50 is determined to be one (1) parcel of
record, comprised of approximately 138.379 acres +i containing 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 (30) days
of this notice, in accordance with Virginia Code § 15.2 -2311. If you do not file a timely appeal,
this determination shall be final and unappealable.
An appeal may be taken only by filing an appeal application with the Zoning Administrator and
the Board of Zoning Appeals, in accordance with § 34.3 of the Zoning Ordinance, along with a
fee of $240 plus the actual cost of advertising the appeal for public hearing.
Applications for Appeal of the Zoning Administrator's Determination are available at the
Department of Community Development located at 401 McIntire Road, Charlottesville, Virginia
22902 or online at www.albemarle.org /cdapps. This form applies to the appeal of a decision of
the zoning administrator or any other administrative officer pertaining to the Zoning Ordinance.
Regulations pertaining to the filing of an appeal to the Board of Zoning Appeals are located in
Chapter 18, Section 34.3 of the Zoning Ordinance. They may be reviewed online at
www .albemarle.org /countycodebza.
(Please note that our online documents are in Adobe Acrobat PDF format and must be viewed
with the Adobe Acrobat Reader or an equivalent. A link to download the free plug -in is available
at the bottom of www.albemarle.org /cdapps.)
If you have any questions, please contact me.
Francis H. MacCall
Principal Planner
Attachment: Map delineating parcel of record
Map is for Display Purposes Only • Aerial Imagery from the Commonwealth of Virginia and Other Sources December 18, 2014
TMP 8 -50 LOD 2014 -14 Gibson
15
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Map is for Display Purposes Only • Aerial Imagery from the Commonwealth of Virginia and Other Sources December 18, 2014