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HomeMy WebLinkAboutLOD200300031 Letter of Determination 2003-01-13DRAFT January 13, 2003 A. C. Shackleford, Jr. 3977 Stony Point Road Keswick, VA 22947 RE: OFFICIAL DETERMINATION OF PARCELS AND DEVELOPMENT RIGHTS - Tax Map 48, Parcel 19 (Property of A. C. Shackelford, Jr., Mary L. Shackelford, ETAL) Section 10.3.1 THIS DETERMINATION REPLACES THE DETERMINATION OF PARCELS FOR THIS PROPERTY DATED JANUARY 5, 1993. Dear Mr. Shackleford: 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 48, Parcel 19 is comprised of 1, 3 or 4 separate parcels. One has 4 development rights. The others each have five development rights. The basis for this determination is summarized as follows. Our records indicate Tax Map 48, Parcel 19 contains 367.364 acres and three dwellings. The property is not in an Agricultural Forestal District The most recent deed for this property is recorded in Deed Book 1300, page 15. The 5.88 acre parcel divided from Parcel 19 (1237/4020) is shown as VR on the tax map. Amelia's letter refers to all of the property west of 600 as VR. The tax map shows it as RA, probably in error. Resolve this and then mention the VR, the RA and the EC zoning of property. The most recent instrument for this parcel recorded prior to the date of adoption of the Albemarle County Zoning Ordinance, (December 10, 1980) is in Deed Book 601, page 354. This Deed of Gift, dated July 15, 1976 conveyed a one-sixth interest in and to that certain tract of land known as Dovetail, from Leslie M. Shackelford to A. C. Shackelford. The property is further described as containing 381 acres and being in all respects the same property conveyed by Deed Book 189, page 285. \\cob_fs01\Vola\DEPT\Community Development\Zoning & Current Development Division\Determinations of Parcel\2003\D- 2003-002 48-19 Shackleford.doc Described as that certain tract of land and also as being in all respects the same property conveyed by Deed Book 189, page 285. The singular term, "certain tract" does not supercede the description of the property as three tracts in D.B. 189, p. 285. There is no plat showing the property as a single parcel. Amelia's 1/5/93 determination found this description held the parcel to be a single parcel. This was supported by Faison v. Union Camp. 1 understand we would we would come to the opposite conclusion today based on the reference to 189/285. Amelia's 1/5/93 determination mentioned that Mary Shackelford's will left land to A. C. Shackelford, her brother because "I desire my home Dovetail to be held intact." 1 understand such a provision would not be considered today. Parcel determinations are based on deed language- not will provisions.. Amelia determined that Route 600 divided the parcel into 2 tracts based on Sanford. That was standard practice then. However, the parcel was not divided on the tax map. So, does the prior determination serve to divide the parcel? Or, since it was not actually divided on the map and since we would not conclude the road divided the parcel except during the time between Sanford and Chesterfield, it is not divided by the road? Deed Book 189, page 285, dated March 10, 1925, conveyed portions of the real estate known as Dovetail Farm in accord with the terms of the will of Dr. W. C. Shackelford to J. W. Shackelford, A. C. Shackelford and Mary A. Shackelford. The property is described as containing three parcels, one containing 273 acres, another 85 acres and another 22.16 acres. Deed references are not provided. DB 80, p. 108 shows plat of 22.16 acres parcel. A Real Estate Department sketch shows location of the 275 and 97.77 acres parcel. I have not nailed down the parcel locations with DB/p references for the 275 and 97 acres parcels. We are dealing with 19th cent. deeds Deed Book 1030, page 206, dated November 7, 1988, conveyed 2.693 acres from Alfred C. Shackelford, Jr. & Mary L. Shackelford, Mary S. Tice & Frank P. Tice, Alfred \\cob_fs01\Vola\DEPT\Community Development\Zoning & Current Development Division\Determinations of Parcel\2003\D- 2003-002 48-19 Shackleford.doc C. Shackelford, III & Anne R. Shackelford and Lillian M. Shackelford to the Commonwealth of Virginia. The land was for improvements for Route 20. Deed Book 1032, page 436, dated December 16, 1988, conveyed 0.380 acres from Alfred C. Shackelford, Jr. & Mary L. Shackelford, Mary S. Tice & Frank P. Tice, Alfred C. Shackelford, III & Anne R. Shackelford and Lillian M. Shackelford to the Commonwealth of Virginia. The land was for improvements for Route 20. Deed Book 1237, page 402, dated June 8, 1992, conveyed 5.88 acres from Alfred C. Shackelford, Jr. & Mary L. Shackelford, Mary S. Tice & Frank P. Tice, and Lillian M. Shackelford to Alfred C. Shackelford, III & Anne R. Shackelford. This parcel is shown on a plat by Roger W. Ray and Assoc., Inc. dated April 29, 1992. One development right was conveyed with the 5.88 acre parcel. The most recent instrument recorded for this property is in Deed Book 1300, page 15. This Deed of Gift, dated April 9, 1993, conveyed a two-thirds, undivided interest in that certain tract known as Dovetail Farm, from A.C. Shackelford, Jr. to A.C. Shackelford, Jr. and Mary L. Shackelford as tenants in common. The property is described as the residue of a tract of approximately 381 acres containing 367.36 acres +/- after the following off conveyances: 1. 1.917 acres of record in Deed book 1030, page 206. 2. .265 acres of record in Deed Book 1032, page 436. 3. 5.88 acres of record in Deed Book 1237, page 402. There have been no off conveyances since this transaction. Based on this history, Tax Map 48, Parcel 19 is determined to be comprised of parcels. each containing five (5) 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, as many parcels containing a minimum of twenty-one acres may be created as the property can support, if all other applicable regulations can be met 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 $120. 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, \\cob_fs01\Vola\DEPT\Community Development\Zoning & Current Development Division\Determinations of Parcel\2003\D- 2003-002 48-19 Shackleford.doc John Shepherd Manager of Zoning Administration Copies: Gay Carver, Real Estate Department, Reading File Ella \\cob_fs01\Vol3\DEPT\Community Development\Zoning & Current Development Division\Determinations of Parcel\2003\D- 2003-002 48-19 Shackleford.doc