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Home My WebLink AboutLOD200100020 Letter of Determination 2001-11-30November 30, 2001 Brian S. Ray Roger W. Ray and Assoc., Inc. 1717-1 B Allied Street Charlottesville, VA 22903 LETTER OF CORRECTION RE: OFFICIAL DETERMINATION OF DEVELOPMENT RIGHTS AND PARCELS- Tax Map 121, Parcel 70 (Property of Floyd E. Johnson Estate) Section 10.3.1 Dear Mr. Ray: This letter replaces the letter of November 20, 2001. The purpose of this correction is to clarify that the 2.21 acres shown on a plat by Thomas Blue, dated December 22, 1966, and located on the east side of State Route 20 is determined to be a separate parcel. 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 121, Parcel 70 contains four (5) separate parcels. Tract #1, containing 2.4 acres has one (1) development right. Tract #2, containing 88.6 acres has five (5) development rights. Tract #3, containing 2.56 acres has one (1) development right. Tract #4, containing 10 acres has five (5) development rights. Tract #5, containing 2.21 acres has one (1) development right. The basis for this determination is provided below. Our records indicate Tax Map 121, Parcel 70 contains 103.962 acres and one dwelling. The most recent deed reference for this property is found in Will Book 94, page 714. The parcel is located in the Totier Creek Agricultural and Forestal District. Files in the Real Estate Department indicate that these four parcels, then identified as 70, 71, 71A and 73, were combined for the convenience of County in the mid 1970s. The most recent deeds for this property prior to the date of adoption of the Albemarle County Zoning Ordinance (December 10, 1980) are as follows. lADEPT\Community Development\Zoning & Current Development Division\Determinations of Parcel\2001\121-70 Johnson Corrected.doc Deed Book 253, page 467, dated April 10, 1942, conveyed two (2) contiguous tracts from Edgar L. Bradley & Margaret Post Bradley to Floyd E. Johnson & Anne H. Johnson. These tracts are described as follows: Floyd E. Johnson Estate November 30, 2001 Page 2 (#1) A tract of 2.4 acres conveyed to Margaret Post Bradley from Jettie F. Quick by deed dated September 29, 1929 and recorded in Deed Book 206, page 267. (#2) An adjoining tract of 88.6 acres conveyed to Margaret Post Bradley from Fairview Farms, Inc. and A.H. McKay by deed dated September 18, 1929 and recorded in Deed Book 207, page 67. Deed Book 207, page 68 contains a plat dated November 1929 by Hugh F. Simms showing 88.6 acres (#1) sold by Fairview Farms, Inc. to Margaret Post Bradley. The plat also shows 2.4 acres (#2) located between the road and Totier Creek contiguous to the 88.6 acres and identified by reference to Deed Book 206, page 267. (#3) Deed Book 337, page 265, dated December 3, 1957, conveyed 2 acres more or less from Jack N. Kegley, Special Commissioner to Floyd E. Johnson & Anne H. Johnson. The deed notes the property is located on the southwest side of Route 20. (#5) Deed Book 426, page 410, dated February 3, 1967 conveyed 2.21 acres from Francis F. Hunter to Floyd E. Johnson. It is further described as being shown on a plat by Thomas Blue dated December 22, 1966 and is located on the north east side of State Route 20. This is determined to be a separate parcel. Deed Book 426, page 412 contains a plat by Thomas Blue dated December 22, 1966 of a 4.77 acre tract identified as a portion of the Old "Glendower Mill Tract." The tract is divided by Route 20. The portion located on the southwest side of Route 20 contains 2.56 acres. That tract is identified by reference to Deed Book 337, page 265. That tract is identified by reference to Deed Book 337, page 265. (#4) Deed Book 466, page 72, dated October 2, 1968 conveyed 10 acres, more or less from John Rush Webb & Charlotte Louise Webb to Floyd E. Johnson & Anne H. Johnson. The property is designated as Lot No. 1 on a plat by M.W. VanDoren, dated 1914 and recorded in Deed Book 158, page 69. A copy of that plat is included in this file. Deed Book 1091, page 2, dated February 8, 1990 conveyed several tracts from Floyd E. Johnson & Anne H. Johnson to themselves as tenants in common. These tracts included the following: I:\DEPT\Community Development\Zoning & Current Development Division\Determinations of Parcel\2001\121-70 Johnson Corrected.doc Two certain tracts, being a tract of 2.4 acres and an adjoining tract of 88.6 acres shown on a plat by Hugh F. Simms recorded in Deed Book 207, page 68. These are identified as #1 and #2 above. Floyd E. Johnson Estate November 30, 2001 Page 3 A certain tract containing 2 acres, more or less conveyed on December 3, 1957 and recorded in Deed Book 337, page 265. This is identified as #3 above. All that tract containing 10 acres designated as Lot 1 on a plat dated 1914 and recorded in Deed Book 158, page 69. This is identified as #4 above. There have been no off -conveyances since the recordation of this deed. Based on this history, Tax Map 121, Parcel 70 is determined to be comprised of four (4) separate parcels, as described above. Each is entitled to its associated development rights based on the acreage of each parcel. Mr. Johnson died on October 9, 1999. On November 2, 1999 his will was admitted to probate and Bank of America was appointed Executor for the estate. Mr. Johnson's will is recorded in Will Book 94, page 714. 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, I:\DEPT\Community Development\Zoning & Current Development Division\Determinations of Parcel\2001\121-70 Johnson Corrected.doc John Shepherd Manager of Zoning Administration Floyd E. Johnson Estate November 30, 2001 Page 4 Copies: Gay Carver, Real Estate Department Ella Carey, Clerk Board of Supervisors Reading Files Floyd E. Johnson Estate C/O Jim Schroering, Assistant Vice President Bank of America P.O. Box 25718 Richmond, VA 23261-5718 IADEPT\Community Development\Zoning & Current Development Division\Determinations of Parcel\2001\121-70 Johnson Corrected.doc