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Home My WebLink AboutLOD200200033 Letter of Determination 2002-02-08February 8, 2002 Roger W. Ray Roger W. Ray and Assoc., Inc. 1717-1 B Allied Street Charlottesville, VA 22903 RE: OFFICIAL DETERMINATION OF DEVELOPMENT RIGHTS AND PARCELS- Tax Map 97, Parcel 24 (Property of Harry Courtney Powell Sr. and Reva A. Powell) Section 10.3.1 Dear Mr. Ray: 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 97, Parcel 24 contains five (5) parcels and twenty-three (23) theoretical development rights. The parcels are shown on a map key that is attached to this determination. The basis for this determination is summarized as follows: Our records indicate Tax Map 97, Parcel 24 contains 247.250 acres and one (1) dwelling. The property is not in an Agricultural Forestal District. The most recent deed for this property is recorded in Deed Book 1537, page 447. The most recent deed for the parcels described below prior to the date of adoption of the Albemarle County Zoning Ordinance (December 10, 1980) is recorded in Deed Book 265, page 75. Deed Book 265, page 75, dated October 8, 1945, conveyed a two/thirds interest in property of the late Janie H. Powell from Maude Powell McGuire, L. C. McGuire &W. Forrest Powell to Harry H. Powell & Amanda J. Powell. The lands are described as follows: FIRST: 185'/4 acres about two miles west of Covesville on the road to Hungrytown, consisting of three adjoining tracts, (1) one of 100 acres conveyed to Joseph S. Hudson by R. L. Moran and wife by a deed dated June 9th, 1871 and recorded in D. B. 66, p. 365; It is determined that this tract was a lot of record on December 10, 1980. \\cob fs01\Vol3\DEPT\Community Development\Zoning & Current Development Division\Determinations of Parcel\2002\97-24 Powell.doc Powell Determination February 8, 2002 Page 2 (2) 50 acres conveyed to Joseph S. Hudson by R. L. Moran and wife by a deed dated August 8th, 1873 and recorded in D. B. 68, p. 149; It is determined that this tract was a lot of record on December 10, 1980. (3) 35'/4 acres conveyed to Joseph S. Hudson by R. L. Moran and wife by a deed dated June 10th, 1874 and recorded in D. B. 68, p. 724. Deed Book 68, page 724, dated June 10, 1874 conveyed two lots or parcels of land lying on the head waters of the South Hardware containing together 35'/4 acres from R. L. Moran and wife to Joseph S. Hudson by a deed dated June 10th, 1874 and recorded in D. B. 68, p. 724. The first is described as containing 6 '/4 acres. The second is described as containing 29 acres. Each is further described by metes and bounds. The source of title is not provided. Roger Ray has sketched the location of these parcels on a tax map included with this request. They are shown as two separate, non-contiguous parcels on opposite sides of the road. Note that D.B. 265, p. 75 describes the property as two lots containing 35'/4 acres . It is determined that this deed did not combine the two parcels described in D.B. 68, p. 724. Therefore, each of these were lots of record on December 10, 1980. These three pieces together aggregate 185'/4 acres and are generally known as the Moran Place. SECOND: 210 acres conveyed to Joseph S. Hudson by Joseph Hamner, Administrator by a deed dated June 9th, 1854 and recorded in D. B. 52, p. 19. This property is generally known as the Eades property. This property is not part of this determination. THIRD: 100 acres conveyed to Joseph S. Hudson by George Perkins, Trustee and S. A. Burch and wife by a deed dated March 24th, 1891 and recorded in D. B. 95, p. 283. This property is generally known as the Wingfield property. This property is not part of this determination. FOURTH: About 166 acres devised to Joseph S. Hudson by Joseph Wingfield, by will spread in W. B. 28, p. 97 under the third clause described as the two upper mountain fields with woodland attached. This property is not part of this determination. \\cob fs01\Vol3\DEPT\Community Development\Zoning & Current Development Division\Determinations of Parcel\2002\97-24 Powell.doc Powell Determination February 8, 2002 Page 3 FIFTH: 63 acres conveyed to M. B. Hudson, W. N Hudson and E. W. Hudson by W. G. Moran and wife by a deed dated January 14t", 1914 and recorded in D. B. 154, p. 491. It is determined that this tract was a lot of record on December 10, 1980. SIXTH: 189 3/4 acres allotted to Lily F. Wade in the partition of H.W. Norvell's estate, and conveyed to E.W. Hudson by Lyttleton Waddell, Commissioner by a deed dated June 13t", 1932 and recorded in D. B. 216, p. 421 with plat on 422. This property is not part of this determination. The first deed for this property recorded after December 10, 1980 is in Deed Book 719, page 112, dated April 13, 1981 conveyed 247.250 acres from Amanda J. Powell to Harry Courtney Powell, Sr. and Reva A. Powell as tenants by the entirety with full rights of survivorship as at common law, and not as tenants in common. The property is described, in part, as all that certain tract or parcel of land, on either side of State Route 633, containing 247.250 acres, more or less, being described as Parcels First and Fifth, containing 185.25 acres and 63 acres, respectively, in a deed of Maude Powell McGuire dated October 8, 1945 and recorded in Deed Book 265, page 75. While this deed uses the singular term tract or parcel, it is determined that it did not combine the parcels. The deed also references the descriptions of the property contained in Deed Book 265, page 75. There was no approved plat nor was there language in the deed demonstrating the intent to combine these parcels into one. Deed Book 1537, page 447, dated November 4, 1994 conveyed 247.250 acres from Harry Courtney Powell, Sr. and Reva A. Powell to. Harry Courtney Powell, Sr. and Reva A. Powell as tenants in common in equal one-half shares. The property is described as the same that was conveyed in Deed Book 719, page 112. Likewise, it is determined that this deed did not combine the parcels. There have been no off -conveyances since the recordation of this deed. Based on this history, Tax Map 97, Parcel 24 is determined to be five (5) parcels with a total of twenty- three (23) 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 parcels with which they are associated. These development rights are \\cob fs01\Vol3\DEPT\Community Development\Zoning & Current Development Division\Determinations of Parcel\2002\97-24 Powell.doc 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 Powell Determination February 8, 2002 Page 4 lots, the parcel may create as many smaller parcels containing a minimum of twenty- one acres as it has land to make. It is further determined that Route 633 does not operate to divide these tracts into separate parcels. 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 Manager of Zoning Administration Copies: Harry Courtney Powell Sr. and Reva A. Powell 353 Altamont Lane Fauber, VA 22938 Gail South and David Metcalf 2325 Rocky Top Road Charlottesville, VA 22911 Gay Carver, Real Estate Department Ella Carey, Clerk Board of Supervisors Reading Files \\cob fs01\Vol3\DEPT\Community Development\Zoning & Current Development Division\Determinations of Parcel\2002\97-24 Powell.doc \\cob fs01\Vol3\DEPT\Community Development\Zoning & Current Development Division\Determinations of Parcel\2002\97-24 Powell.doc