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Home My WebLink AboutLOD201600002 Letter of Determination 2016-03-09COUNTY OF ALBEMARLE Department of Community Development 401 McIntire Road, North Wing Charlottesville, Virginia 22902-45% Phone (434) 296-5832 Fax (434) 972-4126 March 9, 2016 Roger W Ray & Associates, Inc. 1717-1b Allied Street Charlottesville VA 22903 RE: LOD2016-00002 - OFFICIAL DETERMINATION OF PARCEL OF RECORD & DEVELOPMENT RIGHTS — Parcel ID 04300-00-00-02400 (Property of LIBERTY HALL FARM LLC) Jack Jouett Magisterial District 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 Parcel ID 04300-00- 00-02400 is comprised of three (3) parcels of record, two parcels with five (5) theoretical development rights and one (1) parcel with one (1) theoretical development right. The basis for this determination follows. The Albemarle County Real Estate Assessment records indicate Parcel ID 04300-00-00-02400 contains 186.75 acres and seven (7) dwellings. The property is zoned RA, Rural Areas. The most recent deed for Parcel ID 04300-00-00-02400, recorded prior to December 10, 1980, the date of adoption of the Zoning Ordinance, is recorded in Deed Book 447, page 45 dated August 20, 1968. PRIOR TO DECEMBER 10, 1980 Parcal ID 04300-00-00-02400 —(150 acres) Deed Date Parcel Change Description Acres Book I Page 2031166 12/03/1928 Y or N Y ... all that certain tract or parcel of land, ...and is part of the 150+r' tract of land conveyed... by deed dated the 8th of November 1913... The portion of land hereby conveyed is described by metes and bounds, on the plat made by Hugh F. Simms, S.A.C. dated November 1928. ...containing, according to said plat one hundred and fifty acres. 275127 06/26/1947 N ...the following tracts of land ... 150+x- 1. That certain tract or parcel of land ..., containing one hundred and fifty (150) acres, more or less, ..., recorded in DB 203 P 166 2. 3981354 06/01/1964 N ... the following parcels or tracts of land .... collectively known as "Liberty Hall"...: (1) That certain tract..,, containing 150 acres, 150+r" more or less,..., recorded in DB 203 P 166 (2) That certain tract containing 34.15 acres... 34,15+x- (3) That certain parcel of land containing 2.6 acres, 2.6+x. more or less... March 9, 2016 LOD-2016-00002 Page 2 of 4 4471445 08/20/1968 N ; ... the following parcels or tracts of land .... collectively known + i E as "Liberty Hall" ...: + i (1) That certain tract..., containing 150 acres, 150+1- I more or less, ..., recorded in DB 203 P 166 i (2) That certain tract containing 34.15 acres... 34.15+1- i (3) That certain parcel of land containing 2.6 acres, 2.6:"r - more or less.... I PRIOR TO DECEMBER 10, 1980 Parcel ID 04300-00-00-02400 — (34.15 acres) Deed Date Parcel Change 1 Description Acres Book/ Pae Y or N 2921409 10/25/1950 I Y ... release from the lien of said deed of trust a small portion 34.15+ i , ' of said land, more particularly described hereafter, and the transfer of the lien of said deed of trust to the property exchanged ... This deed does not officially describe the parcel as 34.15 acres see approximation of acreage below 2931148 12/06/1950 Y This deed is a survey of multiple parcels and within the deed , identifies the small portion of said land as being 1.14 acres. ! 35.2+1-- 5.2+1--The The1.14 acres includes a 118 acre triangular tract 11.015+1- _ not part of the 35 115 acre tract thus it is determined j i that only 1.015 acres was removed from the original 134.185+1- 35115 acres thus leaving 34.185 acres, more or less. j 3981354 06/01/1964 ' N I ... all of the following parcels of land ... , collectively known as "Liberty Hall" ...: (1) That certain tract..., containing 150 acres, more 150+1 - or less, ... j (2) That certain tract containing 34.15 acres, 34.15+1 - more or less, being a part of the property conveyed.., in DB 216 P 424. The property hereby conveyed is all of the 35115 acre tract described in said deed and plat... except a k small portion included in the conveyance... in f DB 292 P 409. A further description of the said small portion conveyed... in DB 293 P i 148. i (3) That certain parcel of land containing 2.6 acres, 2.6+1 - 6+1 -more more or less, ... 447 !445 08/20/1968 i N all of the following parcels of land ... , collectively known as "Liberty Hall" .. : (1) That certain tract..., containing 150 acres, more 150+1 - or less, ... , recorded in DB 203 P 166 (2) That certain tract containing 34.15 acres, 34.16+11 - more or less, being a part of the property ! conveyed... in DB 216 P 424. This property is all of the 35115th acre tract described in said , i deed and plat... except a small portion f included in the conveyance... in DB 292 P I 409. A further description of the said small # portion conveyed ... in DB 293 P 148. (3) That certain parcel of land containing 2.6 acres, I 2.6+1 - more or less, ... I March 9, 2016 LOD-2016-00002 Page 3 of 4 PRIOR TO DECEMBER 10, 1980 Parcel ID 04300-00-00-02400 — (2.6 acres) Deed Date Parcel Change Description Acres Book 1 Pae Y or N N No deeds of record after 12/10/1980 that 2921409 10/25/1950 N ...a tract or parcel of land containing 2 6110 acres as shown 2.6+1 - affected parcels of record or development 150+1- 5 on a plat of Hugh F. Simms and Son, C.L.S., dated July rights. 1950, attached to and made part of this deed... 3981354 03/22/1934 N ...all of the following parcels of land ..., collectively known as 5 "Liberty Hall"...: 2.6+1 1 (1) That certain tract..., containing 150 acres, more 150+1. or less, ... (2) That certain tract containing 34.15 acres, more or 3415+1 - less, ... (3) That certain parcel of land containing 2.6 2 6+1 - acres, more or less, described on a plat of Hugh F. Simms and Sons, C.L.S...., recorded In DB292P412 4471445 08/20/1968 N ...all of the following parcels of land ... , collectively known as "Liberty Hall" ...: (1) That certain tract..., containing 150 acres, more or less, ... 150+1- (2) That certain tract containing 34.15 acres, more or less, ... 3415+1- (3) That certain parcel of land containing 2.6 acres, more or less, described on a plat of 2 6+1 - Hugh F. Simms and Sons, C.L.S...., recorded in DB 292 P 412 AFTER DECEMBER 10, 1980 Parcel ID 04300-00-00-02400 — 150ac., 34.1 Sac. & 2.6ac. Deed Book 1 Pae Date Parcel Change Y or N Description Acres Development Rights 12/10/1980 N No deeds of record after 12/10/1980 that affected parcels of record or development 150+1- 5 rights. 34.15+'- 5 2.6+1 1 On the basis of these deeds Parcel ID 04300-00-00-02400 is determined to be three (3) parcels of record, one comprised of approximately 150 acres*'-, containing 5 development rights, one comprised of approximately 34.15 acres+l-, containing 5 development rights, and one comprised of an estimated 2.60 acres"-, containing 1 development right. 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 parcel of record with which they are associated. 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. March 9, 2016 LOD-2016-00002 Page 4 of 4 If you are aggrieved by this determination, you have a right to appeal it within thirty (30) days of this notice, in accordance with Virginia Code § 15.2-2311. If you do not file a timely appeal, this determination shall be final and unappealable. An appeal may be taken only by filing an appeal application with the Zoning Administrator and the Board of Zoning Appeals, in accordance with Chapter 18, Section 34.3 of the Albemarle County Code, along with a fee of $258 plus the actual cost of advertising the appeal for public hearing. Applications for Appeal of the Zoning Administrator's Determination are available at the Department of Community Development located at 401 McIntire Road, Charlottesville, Virginia 22902 or online at www.albemarle.org/cdapas. This form applies to the appeal of a decision of the zoning administrator or any other administrative officer pertaining to the Zoning Ordinance. Regulations pertaining to the filing of an appeal to the Board of Zoning Appeals are located in Chapter 18, Section 34.3 of the Albemarle County Code. They may be reviewed online at www.albemarle.o[g/countycodebza. (Please note that our online documents are in Adobe Acrobat PDF format and must be viewed with the Adobe Acrobat Reader or an equivalent. A link to download the free plug-in is available at the bottom of www.albemarle.org/odapps.) If you have any questions, please contact me. Str , Francis H. MacCail Principal Planner Attachment: Map delineating parcels of record. Copy: Sheila L. Conrad, Real Estate Tech, Real Estate Ella Jordan, Clerk of the Board of Supervisors LIBERTY HALL FARM LLC C/O WILLIAM E MOUZAVIRES ESQ, TRS 10728 VALE RD OAKTON VA, 22124 Map is for Display Purposes Only • Aerial Imagery from the Commonwealth of Virginia and Other Sources March 1, 2016 LOD2016-00002 Liberty Hall Farm v 43-1 Al 43-2A1 43-45❑ QP 43-2EMEQy�MS43-45 A Legend g (Note. Some items on map may not appear in legend) 43-2A Yo \ I J or�oac—oMUHm""`�"'" oFRF,REEoUES—ON 2.6a o „S pl_ 43-45C 10-1 S11110N ® a=EA'E a.RSM M s1H R o Ra- 43-44 �LFORD'FA- yes mfr c4.3_3A � �v O 150.00ac 43-261\ 43=34D1 43-33E 43-24. ! 43-26J 43-26E 43-26F C' 43-26K 43-26L v 34.15ac 1 43-26D \ 43'25E43-28 43-26M z 43, 25gr O 43�4D 43-25A 43-28F _v, M" 4z` to 43-4E 3=78 43-5 sr`" \ 436 .043-25CMUD - -" 676 43 25D1 4,3, L 800 ft ��, �� 43�25D R�HRO O ��-1. C', �3 43=2'9 OE ALBF 1 43.6B 43-22 N iia . • 43-22D � '��t7-�� =c GIS-Web a � �' Geographic Data Services www.albemarle.org 43-5B' J 43-23E4 i 443-23E 43-22F+�,R� (434)296-5832Jyj 43`23G3 Map is for Display Purposes Only • Aerial Imagery from the Commonwealth of Virginia and Other Sources March 1, 2016