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HomeMy WebLinkAboutLOD201100008 Letter of Determination 2011-12-05COUNTY OF ALBEMARLE Department of Community Development 401 McIntire Road, North Wing - -- --- -- -------- Charlottesville, Virginia 22902-4596 Phone (434) 296-5832 Fax (434) 972-4126 December 5, 2011 Lee Rasmussen McCallum & Kudravetz, P.C. 250 E. High Street Charlottesville VA 22902 RE: LOD2011-00008 - OFFICIAL DETERMINATION OF PARCEL OF RECORD & DEVELOPMENT RIGHTS - Tax Map 89, Parcel 65 (Property of (BENJAMIN POLLARD ALSOP WARTHEN AND TERRY GWYN WARTHEN) Samuel Miller Magisterial District Dear Mr. Rasmussen: 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 89, Parcel 65 is comprised of eight (8) parcels of record with twenty (20) theoretical development rights. The basis for this determination follows. Our records indicate Tax Map 89 Parcel 65 contains 118.266 acres and zero (0) dwellings. The property is zoned RA, Rural Areas. The most recent deed for this property, recorded prior to December 10, 1980, the date of adoption of the Zoning Ordinance, is recorded in Deed Book 686, page 599 and is dated October 13, 1979. PRIOR TO DECEMBER 10, 1980 Deed Date Parcel Change Description Acres Book / Pae Y or N Book / Pae 686/599 10/13/1979 N All that certain tract containing 124.92ac 124.92 611/494 12/28/1976 N All that certain tract containing 124.92ac, more or less. 124.92 N Part of the description is as follows: Parcel 65 The plat with this deed describes it as a survey of 124.92acres consisting of property shown on plats in DB contains 53.2ac, more or less, shown on a plat of 119 P 231, DB 142 P 364, and DB 182 P 549 From this point, the following descriptions are of the parcels mentioned on the recorded plat in DB 611 P 494 PRIOR TO DECEMBER 10, 1980 (TMP89-65 - described as 53.2ac and 56 ac) Deed Date Parcel Change Description Acres Book / Pae Y or N 530/231 06/11/1973 N Part of the description is as follows: Parcel 65 53.2 contains 53.2ac, more or less, shown on a plat of record in... DB 182 P 549 329/237 01/02/1957 N Part of the description is as follows: Parcel No. 1 - All 53.2 that certain tract or parcel containing 53-2/10ac, more or less, per lat... in DB 182 P 549 316/344 05/19/1955 N Part of the description is as follows: Parcel No. 1 - All 53.2 that certain tract or parcel containing 53-2/10ac, more or less, per lat... in DB 182 P 549 December 5, 2011 LOD-2011-00008 Page 2 of 7 267/328 03/21/1946 N Part of the description is as follows: all that certain tract 53.2 Book / Pae Y or N or parcel containing 53-2/10ac, more or less, per plat... 161/223 12/01/1915 N in DB 182P549 5 182/548 04/28/1923 N A certain tract or parcel containing 56ac, more or less, 53.2 - -- - - ---- - -- - -- --shown on plat as 53.2ac. *-- ---- - - * The math works as follows 5 +15 + 25 + 10 + 4.3 = 75/387 01/21/1880 N 59.3 - 4 - 2.1 = 53.2ac. The breakdown of these 5 63/47 01/07/1867 N numbers follows below. Lot 1, is part of 173/156 03/24/1920 N A certain tract or parcel containing 56ac, more or less 56 170/395 07/25/1919 N A certain tract or parcel containing 56ac, more or less 56 170/363 06/03/1919 N A piece of land containing 56ac, more or less, and 56 consisting of five adjoining pieces of land this determination 161/223 12/01/1915 N A certain tract or parcel containing 56ac, more or less, 5, 15, 25, and made up of five separate tracts to -wit: One tract 10, & 1 containing 5ac as conveyed in DB 75 P 387, being lot #1 in DB 63 P 47; Second tract containing 15ac as conveyed in DB 103 P 231, being lot #2 in DB 63 P 47; Third tract containing 25ac as conveyed by deed bearing even date herewith and recorded along with this deed, being lot #3 in DB 63 P 47; Fourth tract containing 10ac as conveyed in DB 141 P 408 being lot #5 in DB 63 P 47; Fifth tract is the remnant of the land conveyed in DB 119 P 320, less the 4ac, supposed to be 1 ac, more or less. PRIOR TO DECEMBER 10, 1980 (TMP89-65 - Lot#1, 5 acre portion of 53.2ac) Deed Date Parcel Change Description Acres Book / Pae Y or N 161/223 12/01/1915 N A certain tract or parcel containing 56ac, more or less, 5 and made up of five separate tracts to -wit: One tract containing Sac as conveyed in DB 75 P 387, being lot #1 in DB 63 P 47; ... 75/387 01/21/1880 N A certain tract or parcel of land containing 5ac 5 63/47 01/07/1867 N Lot No.1 containing 5ac; Lot No.2 containing 15ac; Lot Lot 1, is part of No.3 containing 10ac; Lot No.4 containing 25ac; Lot this determination No.5,6,&7 containing 108ac 63/12 04/10/1867 N Plat of Lot #1 (Sac), #2 (15ac), #3 (10ac), #4 (25ac), & Lot 1, is part of #s 5,6,7 (108ac) this determination PRIOR TO DECEMBER 10, 1980 (TMP89-65 - Lot# 2, 15 acre portion of 53.2ac) Deed Date Parcel Change Description Acres Book /Pae Y or N --161/223- 12/01/1915 - N - A certain tract or parcel containing 56ac, more or less, - - -15 and made up of five separate tracts to -wit:... Second tract containing 1Sac as conveyed in DB 103 P 231, being lot #2 in DB 63 P 47; ... 103/231 07/25/1882 N A certain tract or parcel of land containing 15ac 15 63/47 01/07/1867 N Lot No.1 containing 5ac; Lot No.2 containing 15ac; Lot Lot 2, is part of No.3 containing 10ac; Lot No.4.containing 25ac; Lot this determination No.5,6,&7 containing 108ac 63/12 04/10/1867 N Plat of Lot #1 (5ac), #2 (15ac), #3 (10ac), #4 (25ac), & Lot 2, is part of #s 5,6,7 (108ac) this determination December 5, 2011 LOD-2011-00008 Page 3 of 7 PRIOR TO DECEMBER 10. 1980 (TMP89-65 - Lot #4, 25 acre (31 ac) portion of 53.2ac) Deed Date Parcel Change Description Acres Book / Pae 12/01/1915 Y or N A certain tract or parcel containing 56ac, more or less, 2-5-, 10 (now 31) -161 / 223 -- 12/01/1915 - --N A certain tract or parcel containing 56ac, more or less, _ - -25 (31), 4-9 _ and made up of five separate tracts to -wit:... Third tract This description containing 25ac as conveyed in DB 161 P 222, being should have lot #3 in DB 63 P 47; * ... included the * I believe that the description of the fourth tract is reference to * This deed description incorrectly refers to the lot DB 142 P 363 as Lot #3 when it is Lot #4 from the DB 63 P 47. The which would have deed also did not take into account the creation of made the lot the 4 acre parcel in DB 142 P 363. a rox. 31ac+r- 161/222 12/01/1915 N A tract of land containing 25ac being the same land 25 allotted to Mary Haynes in DB 63 P 12 & 47.* * This 25ac is described as being the property of Jerry Smith since the death of Mary Haynes in 1887, by adverse possession and the deed conveys to Jerry Smith the land from the heirs of Mary Haynes so that Jerry Smith has good merchantable title to the land. 142/363 4/10/1910 Y Two parcels of land, parcel one being 4ac, and parcel 25ac plus 10ac two being 2.1 ac. * described in DB 141 P 410 * A 4ac parcel is created from what appear to be a minus the 4ac portion of the 25ac described as Lot #4 and a portion described in DB of the 10ac described in DB 141 P 410 as being 142 P 363 retained by Jeremiah Smith. The adjustment of the would leave property lines with this plat appears to have added approx. 31ac+r- the remaining portions of the 10ac to the 25ac of Lot #4. This plat shows the property line being shifted to the south (referred to as "New Line"). It can be concluded that the remaining portion of the 10ac described in DB 141 P 410 was added to the 25ac parcel after the removal of the 4ac. This plat did not account for the change in the acreage of the 25ac lot. The 10ac is part of Lot 5,6,7 described in DB 141 P 410 63/47 01/07%1867 N Lot No.1 containing 5ac; Lot No.2 containing 15ac; Lot Lots 4, and 5, 6, No.3 containing 10ac; Lot No.4 containing 25ac; Lot & 7 are part of No.5,6,&7 containing 108ac this determination 63/12 04/10/1867 N Plat of Lot #1 (5ac), #2 (15ac), #3 (10ac), #4 (25ac), & # Lots 4, and 5, 6, - - 5,6,7 (108ac) - - _ _ _ _ & 7 are part of _ this determination PRIOR TO DECEMBER 10. 1980 (TMP89-65 -10 acre portion of 53.2ac) Deed Book / Pae Date Parcel Change Y or N Description Acres 161/223 12/01/1915 N A certain tract or parcel containing 56ac, more or less, 2-5-, 10 (now 31) and made up of five separate tracts to -wit:... Fourth A portion of this tract containing 10ac as conveyed in DB 141 P 408 10ac was used to being lot #5 in DB 63 P 47; * ... create the 4ac tract in * I believe that the description of the fourth tract is DB 141 P 363 incorrect because the 10ac conveyed in DB 141 P and a portion was 408 was described as Lot #3 not #5 and is not added to the adjacent to any of the other 4 parcels described in 25ac thus DB 161 P 223. 1 believe the 10ac conveyed is the 10ac December 5, 2011 LOD-2011-00008 Page 4 of 7 PRIOR TO DECEMBER 10, 1980 (TMP89-65 -1 acre portion of 53.2ac) Deed Book / Pae Date Parcel Change Y or N described in DB 141 P 410 as being parallel to Lot #4 resulting in 161/223 12/01/1915 Y which is the 25ac in the description in DB 161 P 223 approximately This has incorrectly been referred to as a separate 31 ac+'' parcel. See description for DB 142 P 363 and the - - adjacent column._ - _ 142/363 4/10/1910 Y Two parcels of land, parcel one being 4ac, and parcel A portion of this 119/320 02/22/1901 Y two being 2.1 ac. * 10ac was used to 72 11/16ac and 4 5/16ac create the 4ac * A 4ac parcel appears to have been created from a tract in portion of the 25ac described as Lot #4 and a portion DB 141 P 363 of the 10ac described in DB 141 P 410 as being and a portion was retained by Jeremiah Smith. The adjustment of the added to the property lines with this plat appears to have added 25ac thus portions of the 10ac to the 25ac of Lot #4. This plat did not account for the change in the acreage of the resulting in 25ac lot. approximately - 31 ac 141 / 410 01/12/1910 Y All those two certain tracts or parcels of land containing ten acres more or less, being the same 88ac — 78ac = tract or parcel of land conveyed in DB 141 P 408 and 10ac the other said lot or parcel of land containing seventy- eight (78) acres more or less. The 78 acres being the southern part of the 88 acres conveyed in DB 137 P 345 and being part of Lots 5, 6 & 7 of the plat in DB 63 P 12 which originally contained 108 acres from which 20 acres was conveyed in DB 81 P 272 and except the 10 acres that was retained by Jeremiah Smith described as being parallel to and running the entire length of the adjacent Lot #4 in DB 63 P 12. 63/47 01/07/1867 N Lot No.1 containing 5ac; Lot No.2 containing 15ac; Lot Lots 4, and 5, 6, No.3 containing 10ac; Lot No.4 containing 25ac; Lot No. & 7 are part of 5,6,&7 containing 108ac this determination 63/12 04/10/1867 N Plat of Lot #1 (5ac), #2 (15ac), #3 (10ac), #4 (25ac), & Lots 4, and 5, 6, #s 5,6,7 (108ac) & 7 are part of this determination PRIOR TO DECEMBER 10, 1980 (TMP89-65 -1 acre portion of 53.2ac) Deed Book / Pae Date Parcel Change Y or N Description Acres 161/223 12/01/1915 Y A certain tract or parcel containing 56ac, more or less, 1 and made up of five separate tracts to -wit:... Fifth tract is the remnant of the land conveyed in DB 119 P 320, less the 4ac, supposed to be lac, more or less. 119/320 02/22/1901 Y Plat describes 77 acres and divides into 2 parcels 4.3125 119/320 02/22/1901 Y 72 11/16ac and 4 5/16ac 4.3125 PRIOR TO DECEMBER 10, 1980 (TMP89-65 - 4.Oac) Deed Book / Pae Date Parcel Change Y or N Description Acres 161/223 12/01/1915 Y A certain tract or parcel containing 56ac, more or less, 4.0 and made up of five separate tracts to -wit:... Fifth tract is the remnant of the land conveyed in DB 119 P 320, less the 4ac, supposed to be lac, more or less. 119/320 02/22/1901 Y Plat describes 77 acres and divides into 2 parcels 4.3125 72 11/16ac and 4 5/16ac December 5, 2011 LOD-2011-00008 Page 5 of 7 PRIOR TO DECEMBER 10, 1980 (TMP89-70 - 72.6875ac 62.6875ac) Deed Date Parcel Change Description Acres Book / Pae Y or N 577/277 07/11/1975 Y Creation of 1 Oac with no specific residue referenced in 62.6875 469/192 02/10/1970 - deed or on the plat recorded with the deed. By - - - - 469/192 02/10/1970 N calculation it can be determined that the residue would 2.1 142/363 04/10/1910 N be 62.6875ac 4 530/231 06/11/1973 N Parcel 70 contains 72 11/16ac, more or less 72.6875 329/237 01/02/1957 N Parcel No. 2 - All that certain tract or parcel containing 72.6875 72-11 /16ac more or less 316/344 05/19/1955 N Parcel No. 2 - All that certain tract or parcel containing 72.6875 72-11/16ac more or less 206/403 10/15/1929 N All that certain tract or parcel containing 72-11/16ac 72.6875 more or less 119/320 02/22/1901 Y Plat describes 77 acres and divides into 2 parcels 72.6875 & 4.3125 72 11/16ac and 4 5/16ac = 77 PRIOR TO DECEMBER 10, 1980 (TMP89-71 - 4.Oac) Deed Date Parcel Change Description Acres Book / Pae Y or N 530/231 06/11/1973 N Parcel 71 contains 4.Oac, more or less 4 469/192 02/10/1970 N Those two certain tract or parcels of land, containing 4 469/192 02/10/1970 N 4ac and 2.1 ac, shown by plat in DB 142 P 364 2.1 142/363 04/10/1910 N Two parcels of land, parcel one being 4ac, and parcel 4 142/363 04/6/1910 - - - N two being 2.1 ac. * 2.1 * A 4ac parcel appears to have been created from a portion of the 25ac described as Lot #4 and a portion of the 1 Oac described in DB 141 P 410 as being retained by Jeremiah Smith. The adjustment of the property lines with this plat appears to have added portions of the 10ac to the 25ac of Lot #4. This plat did not account for the change in the acreage of the 25ac lot. PRIOR TO DECEMBER 10, 1980 (TMP89-69 - 2.1ac Deed Date Parcel Change Description Acres Book / Pae Y or N 530/231 06/11/1973 N Parcel 69 contains 2.1 ac, more or less, in DB 142 P 2.1 363 469/192 02/10/1970 N Those two certain tract or parcels of land, containing 2.1 4ac and 2.1ac, shown by plat in DB 142 P 364 142/363 04/6/1910 - - - N Two parcels of land, parcel one being 4ac, and parcel 2.1 two being 2.1ac. * * A 2.1ac parcel appears to have been created from a portion of the 4.3125ac lot described in DB 119 P 320 and 5.Oac lot described in DB 75 P 387. This plat did not account for the change in the acreage of the 4.3125ac or 5.Oac lot. AFTER DECEMBER 10, 1980 Deed Date Parcel Change Description Acres Book / Pae Y or N 1712/449 06/05/1998 Y Created a 6.654 acre parcel leaving 118.266 acres. The 118.266 6.654 acres is made up of a portion of three different - parcels of record and used one 1 development right. December 5, 2011 LOD-2011-00008 Page 6 of 7 On the basis of these deeds Tax Map 89, Parcel 65 is determined to be comprised of eight (8) parcels of record; __A 15.0 acre+' parcel, containing five (5) development rights. Shown on MAP A_____ A 1 acre+i" parcel *, containing one (1) development right. Unable to be shown on MAP A A 2.1 acre+i- parcel **, containing one (1) development right. Shown on MAP A A 5.0 acre+'- parcel **, less the portion now part of the 2.1 acre' parcel, containing one (1) development rights. Shown on MAP A A 4.0 acre+i" parcel ** & ***, less the portion now part of the 2.1 acre +/. parcel, and less the portion now part of TMP 89-658, containing one (1) development rights. Shown on MAP A as the 4.1325ac parcel. A 4.0 acre+r" parcel ***, less the portion now part of TMP 89-65B, containing one (1) development right. Shown on MAP A A 31.0 acre+i" parcel ***, less the portion now part of TMP 89-65B, containing five (5) development rights. Shown on MAP A A 62.6875 acre+'- parcel ***, less the portion now part of TMP 89-65B, containing five (5) development rights. Shown on MAP A * The 1 acre parcel is described as the remnant of the land conveyed in DB 119 P 320, less the 4 acres. The land conveyed in DB 119 P 320 was 4 and 5116 acres (4.3125) but there is no clear location of the 1 acre that can be determined within the bounds of the parcels shown on MAP A. ** The 2.1 acre+/- parcel appears to be comprised of portions of two parcels of record mentioned above, the 5.Oac and the 4.0 ac. These two parcels were not properly identified at the time of the creation of the 2.1 acre+'- parcel thus the exact area of each of the two parcels cannot be determined with this letter. The 5.0 acre parcel is determined to have one (1) development rights because the portion of the 5.0 acres that was used to create the 2.1 acres appears to be large enough to result in a parcel below 4.0 acres. The 4.0 acre parcel is determined to have only one (1) development right because the portion of the 4.0 acres that was used to create the 2.1 acres appears to be large enough to result in a parcel below 4.0 acres. By December of 1980 the 5.0 and 4.0 acre parcels would have each been below 4 acres thus would have been assigned one (1) development right. A new survey would be needed to clearly identify how much of the 5.0 and 4.0 acre parcels is part of the 2.1 acre parcel for either the .5.0 or 4.0 acre . parcels to have more than one development right. December 5, 2011 LOD-2011-00008 Page 7 of 7 *** One (1) development right was assigned to TMP 89-65B with the plat recorded in DB 1712 P 449. It appears that TMP 89-65B is comprised of portions of four parcels of record mentioned above. That being the case, it would appear that the - - -- development right would have to be derived from the 31.0 acre parcel. Without a new survey clearly identifying where all of the property line are for these parcels of record it will remain unclear which parcel of record the one (1) development right assigned to TMP 89-65B comes from. The property owner is advised to revise the plat for TMP 89-65B so that it is clear which parcel of record the development right is coming from. The parcels are 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 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. 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 $240. 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. Si�y, Francis H. MacCall Senior Planner Attachments: TAX MAP 89 PARCEL 65 (November 2011), MAP-- A-- - - - - - Copy: Property Transaction Technician Ella Jordan, Clerk of the Board of Supervisors Map is for Display Purposes Only • Aerial Imagery from the Commonwealth of Virginia and Other Sources TM: 75 89-73D7 Legend (Note: Some items on map may not appear in legend) 89-68 89-66 aa�re o ARROR, > e �uE�SR,R�SRSm 0F—RESCUE S—ON oHo°ur" 89-73D8 ® 10-1 S11110R m Rosy orrice s RSCRSA,cRRocRSM e scroo� 89-65A 89-73D9 75-41 89-73E 89-73E1 TM: 89 89-65 89-73E2 ,r 89-73B i 1 t 89-73C1 r 89-64 89-72 500 ft DoE 89_72A M J22 GIS -Web f+ Geographic Data Services W 00 xc www.albemarle.org (434)296-5832 Map is for Display Purposes Only • Aerial Imagery from the Commonwealth of Virginia and Other Sources 75-41 ;Originally 72.6875ac then 10ac was removed ;to create TMP89-65A thus ;leaving 62.6875ac ----------------------------= 4.3125ac; ortions of the 0.0ac appears to :have been added to: he 25ac with the ZZ :plat in DB 142 P 63, thus resultingy :in approximately a :31ac parcel after he creation of the Aac 89-64 Map is for Display Purposes Only - Aerial Imagery from the Commonwealth of Virginia and Other Sources MAP A 25.0 ac TM: 75 /89-73D7 89-68 j 89-66 89-73D8 5.Oac of #1 r, y :1 5.Oac ; i :Lot #2 i AW— =;25.Oac Lot #4 ------- --------------- - - - - -, 89-72 These lots were created or changed in the following Deeds DB 63 P 12 04/10/1867 Za10ac was added with DB 142 P 363 then 4ac was created in DB 142 P 363 leaving approximately 31ac 15.0 ac DB 63 P 12 04/10/1867 5.0 c DB 63 P 12 04/10/1867 ac DB 119 P 320 01/22/1901 89-73D9in DB 163 P 223 approx. 1.0ac is created from the 4.3125ac but is not clearly shown where within the 4.3125ac it exists. Z72.6875 ac DB 119 P 320 01/22/1901 I, 89-72 10ac was removed to create Parcel 65A in DB 577 P 277 DB 141 P 410 01/12/1910 10.Oac retained by Jeremiah Smith. Added to the 25ac in DB 142 P 363 DB 142 P 363 04/06/1910 The creation of the 4.Oac also adjusted lot lines so that the remaining portion of the 10ac in DB 141 P 410 appears to have 89-73E2 been added to the remaining portion of 89-73 the 25ac in DB63 P12 creating approx. a 31 ac parcel (25+10-4=31) TMP 89-65B appears to be comprised of portions of the 4.Oac, 31 ac and 62.6875 acre parcels. This would mean that there is an unknown remaining portion of the 4.Oac, 31 ac and 62.6875ac parcels. $9 — DB 142 P 363 04/06/1910 The 2.1ac parcel appears to be comprised of portions of the 4.3125ac, and 5.Oac parcels. This would mean that there is an unknown remaining portion of the 4.3125ac, and 5.Oac parcels. — DB 577 P 277 07/11/1975 'This 10ac (TMP89-65A)was created from the 72.6875ac thus by calculation leaving 62.6875ac even though the plat does not state the residue as sh 277.