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Home My WebLink AboutLOD200900008 Letter of Determination 2017-07-12COUNTY OF ALBEMARI,E Department of Community Development 401 McIntire Road. North Vying Charlottesville, Virginia 22902-4596 Phone (434) 296-5832 February 22, 2010 Carol Jennings 1751 Drexel Road Baltimore, MD 21222 Fax (434) 972-4126 RE: OFFICIAL DETERMINATION OF PARCELS AND DEVELOPMENT RIGHTS • Tax Map 7, Parcel 46 (Property of Roy & Joyce Jennings) Whitehall Magisterial District Dear Ms. Jennings: The County Attorney and I have reviewed the title information Tor the above -noted property. It is the County Attorneys advisory opinion and my official determination that Tax Map 7, Parcel 46 is four parcels of record having, collectively, sixteen (16) theoretical development rights allocated as shown in the following table. The basis for this determination follows the table. TRAC Tract; -.Tract; Tract ; Tract i TOTA T ACREAGE _ ! DEVELOPMENT RIGHTS 12.35 Acres Five (5) 2^^ i .75 Acres One (1) f3 —4 �4 10.00 Acres 11.75 Acres Five (5) Five (5) __� _S ! 34.85 Acres Sixteen (16 Our records indicate Tax Map 7, Parcel 46 contains 35.100 acres and one dwelling. The property is not within an Agricultural and Forestal District. The most recent recorded instrument for this property is recorded in Deed Book 421, page 158. This analysis begins with the deed of record in Deed Book 61, page 139 that is dated February 23,. 1866. The deed contains a description of 11.75 acres "on the Buck Mountain Road" and a plat of the same is referenced. This deed establishes the 11.75 acre Tract #4 as a parcel of record. Deed Book 62 page 457, dated April 13, 1867, conveyed "twenty-seven and one-fourth" acres from M. B. & Sarah C. Jarman, husband and wife, to J. H. Wood. The land is described by metes and bounds. This deed establishes the parent parcel of Tract #1 as a parcel of record. 1 Deed Book 74 page 50, dated August, 1877, conveyed "eleven and three fourths" acres from Zachariah Brock to Susan Delphia Keller. The land is described as Being the same as was conveyed by Deed Book 61, page 139. This deed had no effect on the parcel. Deed Book 135 page 178, dated September 3, 1906, conveyed "twenty-seven and one- fourth acres from Thomas Dunn, Trustee, to James S. & Angeline V. Wood, husband and wife. The land is described as same as was conveyed by Deed Book 62, page 457. This deed had no effect on the parcel. Deed Book 135 page 367, dated March 6, 1907, conveyed "twenty-seven and one- fourth acres" from James H. & Angeline V. Wood, husband and wife, to Mannis B. & Hester A. Hall, husband and wife. The land is described as was conveyed by Deed Book 62, page 457. This deed had no effect on the parcel. Deed Book 138 page 86, dated August 18, 1908, conveyed "twenty-seven and one- fourth acres" from Mannis B. & Hester Hall to W. B. & Alace Sullivan. The land is described as was conveyed by Deed Book 62, page 457. This deed had no effect on the parcel. Deed Book 141 page 90, dated October 22, 1909, conveyed 27 acres from W. B. & Alace Sullivan, husband and wife to Jacob Shifflett. The land is described in the same way as described in Deed Book 138, page 86. This deed had no effect on the parcel, Deed Book 156 page 46, dated May 18, 1914, conveyed 27 acres from Jacob & Mary Shiffiett, husband and wife, to B. A. Patterson. The land is described as the same as was conveyed by Deed Book 141, page 90. This deed had no effect on the parcel. Deed Book 163 page 416, datea October 9, 1916, conveyed 27 acres from B. A, Patterson to Henry E. Jennings. The land is described as the same as was conveyed by Deed Book 141, page 90. This deed had no effect on the parcel. Deed Book 186 page 353, dated April 15, 1924, conveyed .75 acres from Mance B. & Cyntha Davis. husband and wife, to Henry E. Jennings. The land is described in detail without plat as containing 1/4 acres. This deed establishes the .75 acre Tract #2 as a parcel of record. Deed Book 187 page (y, oatea May 20, 1925, conveyed 10 acres from J. W. & Susan A. Sullivan, husband and wife, to Henry Jennings. The land is described in detail, without plat, and known as "part of the E. J. Dunn land". This deed establishes the 10 acre Tract #3 as a parcel of record. Deed Book 217 page 269, dated August 31, 1932, conveyed 11.75 acres from Nimrod & Millie Keller. husband and wife, to F. G. Dawson. The land is described as being the same as was inherited by Nimrod Keller. This deed had no effect on the parcel. Deed Book 221 page 262, dated December 4, 1933, conveyed 11.75 acres from F. G. Dawson to Samuel Holley. The land is described as being the same as was conveyed by Deed Book 217, page 269. This deed had no effect on the parcel. 2 Deed Book 221 page 415, dated December 14, 1933, conveyed 11.75 acres from Samuel & Gertie Halley, husband and wife, to Henry J. Jennings. The land is described as being the same as was conveyed by Deed Book 221, page 262. This deed had no effect on the parcel. Deed Book 293; page 419, dated December 1, 1950, conveyed all but 12.35 acres of the original 27 acre tract from Henry E. & Nettie B. Jennings, husband and wife to Lonnie D. & Ethel J. Morris, husband and wife. The land is described as a portion of the 27 acres conveyed by Deed Book 163, page 415. This deed establishes the 12.35 acre Tract #1 as a parcel of record. Deed Book 345 page 415, dated January 10, 1959, conveyed 31.4 acres from Lonnie D. & Ethel J. Morris, husband and wife, to Randolph T. & Lillian M. Davis, husband and wife. The land is described as being the same as was conveyed by Deed Book 293, page 419, which deed contained a reference to a "portion of the 27 acres" conveyed by Deed Book 153, page 418. This deed had no effect on the parcel. Deed Book 350, page 214, dated July 7, 1959, conveyed "a small lot of land", believed to be an exchange of .25 acres, more or less, from Randolph T. & Lillian M. Davis, husband and wife to Henry E. & Nettie B. Jennings, husband & wife. This deed may account for the actual total of the land being the 35.10 acres assessed since the year 1965. However, this deed had no effect on the parcels. The most recent instrument for this parcel recorded prior to the adoption of the Zoning Ordinance, December 10, 1980, is recorded in Deed Book 421, page 157, and is dated July 13, 1966. The deed conveyed "34.85 acres, more or less", known as Tax Map 7, Parcel 46 from Henry E. & Nettie B. Jennings, husband & wife to Roy V. & Joyce S. Jennings, husband & wife. This deed described the acreage as consisting of four tracts containing 12.35 acres, .75 of an acre, 10 acres and 11.75 acres respectively, plus a ''small lot of land" described in Deed Book 350, page 214. Based on this deed, Tax Map 7, Parcel 46 is determined to be four (4) parcels of record with a total of sixteen (16) theoretical development rights as outlined in the table above. The exact boundaries of the four tracts have not been confirmed by the determination. You will need to have a survey of the properties done in order to accurately locate the boundaries in the field. 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. In addition to the development right lots, the parcel may create as many smaller parcels containing a minimum of twenty-one acres as it has land to make. 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 9 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 haviE�'--any questigAs, please contact me. iXcerely, 71d. Higgins, A1CP Chief of Zoning Copy- Real Estate Supervisor Ella Jordan, Clerk of the Board of Supervisors 51 00Y 003 �e Albemarle County Tax Map: 007 90C I.6P0 2.400 Or71y r r i Mote o map w fo: WS 12 y pu(p0.4es j and shows parcels as of /37/2008. ��% See Map Book lmroducircn foradaWanal defalfs.