HomeMy WebLinkAboutLOD199800004 Letter of Determination 1998-06-15June 15, 1998
Pat Jensen
Montague, Miller & Co.
500 Westfield Road
Charlottesville, Virginia 22901
Re: OFFICIAL DETERMINATION OF NUMBER OF PARCELS - Section 10.3.1
Tax Map 62, Parcel 54C (Property of MARTHA N. CONDEE)
Dear Ms. Jensen
have reviewed the title information you have submitted for the above -noted property. It is my official
determination that this property consists of six (6) separate parcels:
Parcel 1 — Lot 17, Ridgemont Subdivision, originally and now 6.11 acres
(3 potential development rights)
Parcel 2 - Lot 18, Ridgemont Subdivision, originally and now 5.54 acres
(2 potential development rights)
Parcel 3 - Lot 19, Ridgemont Subdivision, originally 9.40 acres and now unknown
(maximum of 4 potential development rights)
Parcel 4 - Lot 35, Ridgemont Subdivision, originally 13.72 acres and now
unknown (maximum of 5 potential development rights)
Parcel 5 - Lot 42, Ridgemont Subdivision, originally 13.29 acres and now
unknown (maximum of 5 potential development rights)
Parcel 6 - Lot 20, Ridgemont Subdivision, originally 3.27 acres and now unknown
(1 potential development right)
This determination results in five more parcels than are shown with a parcel number on the County tax
maps. Each of these lawfully separate parcels is entitled to the potential development rights as shown
above. These parcels totaled 51.33 acres when purchased. A Virginia Department of Highways taking
for improvements to Rt. 20, recorded August 18, 1987, reduced the total acreage. The Certificate of Take
does not define the individual lots. Therefore, Ridgemont lots 19, 35, 42 and/or 20 could have been
reduced. In order to determine acreage and specific development rights on these four lots, new surveys
that reflect the taking will be needed.
This determination considered the descriptive clauses of the three deeds from which Louis Charles and
Martha Norford Condee received the parcels: DB 306/225, DB 306/402, and DB 471/380. These deeds
described and enumerated the property as consisting of six (6) distinct lots numbered within the
Ridgemont Subdivision. Three of the six lots (19, 35 and 42) had been combined into tax map section 62,
parcel 54D by the County assessor's office for tax purposes some time in the early 1970's. Two others
Official Determination, TMP 62-54C Page 2 8/20/2015
(lots 17 and 18) were also combined into map 62, parcel 54C at that time. Lot 20 was always maintained
separately, most likely because it was numbered on a different map, tax map section 63, parcel 46D.
The only document referring to the final combination of the three tax parcels into one tax parcel is a letter
written by Mrs. Condee in 1977 to Mr. William S. Bradshaw, Head of Assessments for Albemarle County.
The letter refers to a conversation between Mrs. Condee and Mr. Bradshaw where she requested that her
tax bills be combined. Mr. Bradshaw apparently said he needed a letter to accomplish what she wanted.
Ms. Bonnie Deaton, one of Mrs. Condee's daughters, explained that in 1977 when Mrs. Condee wrote the
letter, she was 80 years old and still taking care of her own affairs. Her desire was to simplify her
paperwork by having only one property tax bill from the County.
It is my opinion that the county's combination of the six tax parcel numbers into three for their own ease,
as well as a reduction in paperwork and postage, did not legally bind the parcels into one for transfer of
ownership. Therefore, Mrs. Condee's request to reduce the three even further did not bind the parcels
either. They are still six legally separate parcels with all rights and appurtenances as stated in the original
deeds.
If you are aggrieved by this determination, you have the right to appeal it within thirty (30) 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. In order for an appeal to be considered complete, it shall include a
completed application and $95 fee. The date notice of this determination was given is the same as the
date of this letter.
Janice D. Sprinkle
Deputy Zoning Administrator
cc: Bonnie C. Deaton and Joan C. Blair
Maynard Sipe, Planning Department
Gay Carver, Real Estate Department
Ella Carey, Clerk Board of Supervisors
Reading Files
NOTE:
Five (5) additional parcels