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Home My WebLink AboutLOD200100019 Letter of Determination 2001-09-10September 10, 2001 Steven W. Blaine LeClair Ryan Post Office Box 2017 Charlottesville, VA 22902-2017 RE: OFFICIAL DETERMINATION OF DEVELOPMENT RIGHTS AND PARCELS- Tax Map 74, parcel 17B and Tax Map 58, parcels 91 and 100 (Property of Ivy Creek Farm and Ivy Point Farm) Section 10.3.1 Dear Mr. Blaine: The County Attorney and I have reviewed the title information for the above -noted properties. It is the County Attorney's advisory opinion and my official determination that Tax Map 74 Parcel 17B contains five (5) theoretical development rights. Tax Map 58, parcel 91 contains four (4) separate parcels. (i) Former Parcel 92C contains one (1) theoretical development right; (ii) Former Parcel 99 contains one (1) theoretical development right; (iii) Former Parcel 99C contains one (1) or two (2) theoretical development right, depending on the acreage; (iv) Former Parcel 91 contains three (3) or four (4) theoretical development rights, depending on the acreage. Tax Map 58, parcel 100 contains four (4) separate parcels. The former 3.93 acre tract contains one (1) theoretical development right, (ii) The former 0.75 acre tract contains one (1) theoretical development right, (iii) The former 27.52 acre tract contains five (5) theoretical development rights, (iv) The former 162.5 acre tract contains five (5) theoretical development rights. The basis for this determination is provided below. Our records indicate Tax Map 58 Parcel 91 contains 15.044 acres and two (2) dwellings. The most recent deeds for this property prior to the date of adoption of the Albemarle County Zoning Ordinance (December 10, 1980) are identified in Deed Book 718, page 39. That deed, dated May 21, 1981 between Elsie T. Vest, Grantor and E.M. Martin Jr. & Linda Martin, Grantees, conveyed four (4) parcels of land aggregating 17.40 acres, more or less composed of the following: I:\DEPT\Community Development\Zoning & Current Development Division\Determinations of Parcel\2001\74-17B 58-91&100 Verulam DR.doc (1) Approximately 8.85 acres which remain of the 112.80 acres conveyed to Samuel Vest from Frederick Adams recorded in Deed book 265, page 165, dated Steven W. Blaine September 10, 2001 Page 2 October 8, 1945. Other conveyances from this 112.8 acres were: (1) 45.24 acres to William and Virginia White (Deed Book 332, page 407), (2) 37.57 acres to William and Virginia White (Deed Book 353, Page 433), and (3) 21.14 acres to Samuel Linder (Deed Book 690, Page 315). This deed references plats of record in DB 353, P436, DB326, P139, DB 285, P426 & 429 for a more complete description. [See TM 58, P. 91 on Foster Plat recorded in Deed Book 775, page 327] (2) 0.60 acres conveyed to Samuel Vest from Stephen Andrews and wife recorded in Deed Book 302, Page 444 dated July 31, 1952. [See TM 58, P. 92C on Foster Plat recorded in Deed Book 775, page 327] (3) 4.18 acres conveyed to Samuel Vest from Mildred Robins and Husband recorded in Deed Book 326, Page 139 dated May 31, 1956. [See TM 58, P. 99C on Foster Plat recorded in Deed Book 775, page 327] (4) 3.77 acres conveyed to Samuel Vest from H. M. McCreery and wife recorded in Deed Book 285, Page 429 dated September 19, 1949. [See TM 58, P. 99 on Foster Plat recorded in Deed Book 775, page 327] Deed Book 775, Parcel 322 is a deed of trust dated September 1, 1983 between E.M. Martin & Linda Martin and Fauquier Service Investment Corp. & Jefferson Savings and Loan. The deed of trust is on property described as all those four certain lots of land, containing in the aggregate 17.40 acres conveyed to the borrower by the deed in Deed Book 718, Page 39. By recent survey attached hereto said parcels are determined to contain 15.044 acres, however, there is no intention to consolidate said parcels by said plat or by the terms of this instrument. The plat sketches the parcel boundaries, but does not calculate the acreage of the separate parcels comprising the 15.044 tract. The plat by Morris Foster, dated August 16, 1983 is recorded in Deed book 775, Page 327. Our records indicate the most recent deed for this property is found in Deed Book 977, Page 346. This is dated January 26, 1988 and is between E.M. Martin & Linda G. Martin and Joseph Richmond, Trustee of the Ivy Point Land Trust. This deed conveyed the same 15.40 acres described on the plat by Morris Foster recorded in Deed Book 775, Page 327. Based on this history, Tax Map 58, Parcel 91 is determined to be comprised of four (4) separate parcels, as described in Deed Book 718, page 39. Each is entitled to its associated development rights based on the acreage of each parcel. I:\DEPT\Community Development\Zoning & Current Development Division\Determinations of Parcel\2001\74-17B 58-91&100 Verulam DR.doc Our records indicate Tax Map 59 Parcel 100 contains 200.645 acres and four (4) dwellings. The most recent deed for this property prior to the date of adoption of the Steven W. Blaine September 10, 2001 Page 3 Albemarle County Zoning Ordinance (December 10, 1980) is found in Deed Book 682, Page 524, dated September 26, 1979 between Mildred L. & Will N. Robins and Joseph E. Seagram & Sons, Inc. It conveyed four tracts of land described as follows: (1) 162.5 +/- acres according to a plat recorded in Deed Book 165, Page 369. (2) 27.52 +/- acres, being all of a parcel of land containing 31.7 acres +/- shown on a plat by Hugh Simms, dated March, 1946 of record in Deed Book 267, Page 419, except a parcel containing 4.18 acres described as Lot 2 on a plat by O. R. Randolph, dated May 18, 1956 and recorded in Deed Book 326, Page 139. (3) 0.75 +/- acres on which the house known as the "Miller's House" formerly stood. The above three tracts were conveyed to Mildred L. Robins on May 15, 1951 and recorded in Deed Book 295, Page 220. (4) 3.93 acres described as Lot 1 on a plat by O. R. Randolph, dated May 18, 1956 and recorded in Deed Book 326, Page 138. This tract is shown to be "hooked" to the 27.52 acre tract described above on the plat by R.O. Snow & Associates, dated October 10, 1979 and recorded with this deed on page 527. However, since it is described as a separate parcel of record in the deed and absent any language on the plat indicating an intention to combine these tracts, this tract is determined to be a separate parcel with an associated development right. Based on this history, Tax Map 58, Parcel 100 is determined to be comprised of four (4) separate parcels, as described in Deed Book 682, page 524. Each is entitled to its associated development rights based on the acreage of the parcel. Our records indicate Tax Map 74 Parcel 17B contains 32.470 acres and two (2) dwellings. The most recent deed for this property prior to the date of adoption of the Albemarle County Zoning Ordinance (December 10, 1980) is found in Deed Book 545, page 495. Deed Book 731, page 603, dated December 26, 1981, conveyed six tracts from Jane R. Ewald to Verulam Farm Limited Partnership. Tract I is described as containing 1,071.422 acres +/- as shown on a plat by Thomas Blue recorded in Deed Book 409, I:\DEPT\Community Development\Zoning & Current Development Division\Determinations of Parcel\2001\74-17B 58-91&100 Verulam DR.doc page 121 and now containing 999.932 acres +/- the taking of 71.49 acres for Interstate Route 64 as described in Deed Book 432, page 523 and Deed book 545, page 495. The above mentioned survey by Thomas Blue, dated June 14, 1965, shows what is now Parcel 17B as part of Tract 1. Steven W. Blaine September 10, 2001 Page 4 Deed Book 896, page 208, dated August 22, 1986 conveyed 550.73 acres from Verulam Farm Limited Partnership to Peter D. Nielsen. This included the portion of Parcel 17 located to the south of State Route 677 containing 536.37 acres. The residue of Parcel 17, now Parcel 17B is located on the north side of State Route 677. What is now Parcel 17B is described as Parcel C, containing 32.47 acres on a plat recorded with this deed on page 210, dated June 13, 1984 and revised on August 25, 1986. That plat, approved on August 28, 1986, noted that Parcel "C" retained no development rights. However, in accord with Ann S. Sanford v. Board of Zoning Appeals of Albemarle County, Virginia Parcel 17B is determined to be a separate parcel. Our records indicate the most recent deed for this parcel is in Deed Book 966, page 414 and dated October 9, 1987. It conveyed 32.47 acres from Verulam Farm Limited Partnership, to Joseph E. Seagram & Sons, Inc. This is the same tract described as Parcel C on the above referenced plat recorded in Deed Book 896, page 210. Based on this history, Tax Map 74, Parcel 17B is determined to contain five (5) development rights. These parcels are entitled to the noted development rights if all other applicable regulations can be met. 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, a "parent parcel" may create as many 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 appeal. An appeal application must be completed and filed along with the fee of $95. 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, John Shepherd I:\DEPT\Community Development\Zoning & Current Development Division\Determinations of Parcel\2001\74-17B 58-91&100 Verulam DR.doc Manager of Zoning Administration Copies: Gay Carver, Real Estate Department Ella Carey, Clerk Board of Supervisors Reading Files IADEPT\Community Development\Zoning & Current Development Division\Determinations of Parcel\2001\74-17B 58-91&100 Verulam DR.doc