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HomeMy WebLinkAboutLOD200300035 Letter of Determination 2003-11-04November 4, 2003 Richard E. Carter 414 Park Street Charlottesville, VA 22902 RE: OFFICIAL DETERMINATION OF PARCELS AND DEVELOPMENT RIGHTS - Tax Map 74, Parcel 5 (Property of Ragged Mountain Farm Inc.) Section 10.3.1 Dear Mr. Carter: 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 74, Parcel 5 is comprised of three (3) separate parcels of record. Each of these parcels contains theoretical development rights as explained in the proceeding. The basis of this determination is summarized as follows: Our records indicate Tax Map 74, Parcel 5 contains 466.5 acres and is improved with three (3) single-family dwellings and several farm buildings. The property is not in an Agricultural Forestal District. The most recent deed for this property is recorded in Deed Book 898, page 347. This analysis begins when the three (3) parcels were initially acquired together on December 28, 1960 in Deed Book 365, page 116 by Edward S. Evans, Jr. and Florence A. Evans from Peoples National Bank of Charlottesville, Ancillary Administrator, C.T.A. of the Estate of Margaret C. Williams, deceased. This deed and plat recognizes this property as three (3) separate parcels. The parcels are shown on a "Plat of Parcels 'A' — 'B' &'C' 'Ragged Mountain Farm on St. Rts. 708-637 and 681 Albemarle, Co., VA" by O. R. Randolph, Engineer. This plat is dated December 1960 and it is found in Deed Book 365, Page 118. This 1960 deed describes Ragged Mountain Farm containing 480.45 acres more or less as composed of the following three (3) parcels: Official Determination Of Parcels And Development Rights Tax Map 74, Parcel 5 (Property of Ragged Mountain Farm Inc.) November 4, 2003 Page 2 1. A tract containing 421.3 acres shown on plat of A. R. Sweet and Associates, dated November 9, 1950, recorded in Deed Book 292, page 432, being in all respects the same property which was conveyed to Margaret C. Williams by deed of Hugh E. Henderson and wife, dated November 14, 1950, recorded in Deed Book 292, page 431. This parcel was shown as parcel A on the Randolph plat. It is determined to be a parcel of record which originally had five (5) theoretical development rights. It has been further divided as described in the proceeding and is now a parcel of record with four (4) theoretical development rights. 2. A tract containing 31.6 acres shown on plat recorded in Deed Book 295, page 456, being in all respects the same property which was conveyed to Margaret C. Williams by deed of B. C. Baker and wife, dated May 29, 1951, recorded in Deed Book 295, page 455. This parcel was shown as parcel C on the Randolph plat. It is determined to be a parcel of record with five (5) theoretical development rights. 3. A tract containing 27.55 acres designated as "H. Ray Tract" on plat of A. R. Sweet and Associates recorded in Deed Book 292, page 432, being in all respects the same property which was conveyed to Margaret C. Williams by deed of Harry D. Ray and wife dated December 16, 1957 recorded in Deed Book 337, page 55. This parcel was shown as parcel B on the Randolph plat. It is determined to be a parcel of record with five (5) theoretical development rights. All of these same three (3) parcels were conveyed from Edward S. Evans, Jr. and Florence A. Evans to Ragged Mountain Farm by Deed Book 898, page 347 on September 8, 1986. This conveyance was less and except: A. 1.21 acres, more or less, conveyed to the Commonwealth of Virginia by Deed Book 644, page 334; and B. 12.74 acres, more or less, designated as Parcel "A1" on a plat of R. O. Snow dated May 27, 1982, to be attached to a deed to Ben W. Thacker and Gladys M. Thacker, husband and wife, recorded immediately prior hereto. The 12.74 acres was subdivided from parcel A (listed as #1 in the preceding) with a plat approved by Albemarle County Director of Planning, John T.P. Horne. This plat (attached) notes in staff's handwriting: "Note: Residue consists of 3 separate parcels totaling 466 acres." In addition, note #2 A states "The residue may be further divided into 14 parcels of less than 21 acres each." Therefore, with the approval of this plat dated 5-27-82, the County acknowledged that the residue of Ragged Mountain Farm consists of three parcels of record. Please note that a survey will be necessary to determine an accurate calculation of the acreage or to establish or to re-establish property lines. The actual Official Determination Of Parcels And Development Rights Tax Map 74, Parcel 5 (Property of Ragged Mountain Farm Inc.) November 4, 2003 Page 3 number of development rights will be impacted by the actual acreage and by actual building sites. This determination is based on a review of the information provided. If there are additional deeds or plats which are relevant, they may impact this determination. 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 that 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, Amelia G. McCulley, A.I.C.P. Zoning Administrator Copies: Owner Gay Carver, Real Estate Department, Reading File Ella Carey, Clerk to the Board of Supervisors. Enclosure