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