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Home My WebLink AboutLOD200700034 Other 2017-07-12ZOBRIST LAW GROUP A PROFESSIONAL LUArrEO LIABILITY COMPANY ATTORNEYS AT LAW DUANE H. ZOBRIST* 3 BOAR'S HEAD LANE PHONE: 434-977-9666 dzobrist@zoblawcom CHARLOTTESVILLE, VIRGINIA 22903 FACSIMILE: 434-977-0326 JOHN D. GRIFFINt jgriffin@zoblawcom www.zoblaw.com *Also licensed in California jAlso licensed in Georgia and These November 6, 2007 Mr. William D. Fritz Chief of Zoning Albemarle County Department of Community Development 401 McIntire Road North Wing Charlottesville, VA 22902 Re: Determination of Development Rights — Charles B. and Pamela Fitzgerald; TMP 70-47A and 84-28B Dear Mr. Fritz: We believe the above -referenced tax parcels in Albemarle County have a combined total of 14 theoretical development rights calculated as set forth below. Parcel 84-28A, also owned by applicants, may not be further subdivided, as provided on the plat of Roger Ray dated June 27, 2002 and recorded in the real property records of Albemarle County in Deed Book 2250, Page 244. All references to deeds herein are to the real property records of the Circuit Court of Albemarle County, Virginia. We are requesting a determination of development rights with respect to TM Parcels 70-47A and 84-28B only. We enclose the fee of $80.00 for the determination of development rights of the referenced two (2) tax map parcels - $40 per tax map parcel. The owners acquired the property on August 9, 2002 pursuant to a Deed from Aubrey Hamilton Gray and Mary Carter Gray recorded in Deed Book 2250, Pages 244- 253. This Deed incorrectly references two rather than three parcels and incorrectly references the title of the attached plat dated June 27, 2002. The correct title is "Plat Showing Survey of Revised T.M. 84-28A, Containing 5.01 Acres and Exterior Boundary Survey of Revised T.M. 84-28B & Revised T.M. 70-47A, Containing 63.84 Acres, The Properties of Aubrey H. & Mary C. Gray, AIso New 25' & Variable Width Access Easement on T.M. 84-29B to Serve Revised T.M. 84-28B Located Off State Route 636, White Hall District, Albemarle County, Virginia". This Plat states that Revised T.M. 84- 28A may not be filrther divided, that 4 development rights are being added to Revised T.M. 84-28B from T.M. 84-28A, making a total of 9 development rights in Revised T.M. William Fritz Fitzgerald Development Rights November 6, 2007 Page 2 of 4 84-28B, and that Revised T.M. 70-47A retains 5 development rights. By this allocation of development rights pursuant to the boundary line adjustment, the two tax parcels in question have a total of 14 development rights. The last instrument of record prior to December 10, 1980 for TMP 70-47A, containing approximately 33.5 acres, that includes a metes and bounds description is the Deed dated March 15, 1974 from Larey Elmer Gray and Virginia Eloise Gray, husband and wife, Grantors, to Aubrey Hamilton Gray and Mary Carter Gray, Grantees, recorded in Deed Book 547 Page 39. This tax map parcel has 5 development rights, plus a residue of approximately 23.5 acres, which is in excess of the minimum 21 acre parcel in the rural areas. TMP 84-28B was enlarged by a boundary line adjustment. In 1980, TMP 84-28B contained approximately 18 acres and TMP 84-28A contained approximately 16 acres. The last instrument of record prior to December 10, 1980 that includes a metes and bounds description for TMP 84-28B is a Deed dated March 26, 1962 from Larey E. Gray and Virginia Eloise Gray to Aubrey Hamilton Gray and Mary Carter Gray and recorded in Deed Book 376, Page 593. The last instrument of record prior to December 10, 1980 that includes a metes and bounds description for TMP 84-28A is a Deed dated October 27, 1954 from Larey E. Gray and Virginia Eloise Gray to Aubrey Hamilton Gray and Mary Carter Gray and recorded in Deed Book 313, Page 259. No other deeds or instruments are recorded with respect to the subject land until August 9, 2002 when the land was transferred by the Grays to the Fitzgeralds, after the amendment to the zoning ordinance in December 1980. In addition to the boundary line adjustment described in the above -referenced Plat of Roger Ray recorded in Deed Book 2250, Page 244, a boundary adjustment was recorded by Plat of Roger Ray dated May 4, 2006 and recorded in Deed Book 3258, Page 183-187, which made minor adjustments between TMP 84-28A and TMP 84-28B but did not reallocate development rights. I enclose all deeds and instruments of record since December 10, 1980, as well as deeds and plats of record prior to December 10, 1980 referencing the three parcels. A list of all such deeds and plats is attached hereto as Exhibit A. With the exception of the two referenced boundary Iine adjustments in which development rights were allocated between parcels, none of the deeds or instruments convey or apportion any of the subject property or any of its development rights. The property has remained as contiguous parcels under common ownership since 1974. Sincerely, to.John Griffin William Fritz Fitzgerald Development Rights November 6, 2007 Page 3 of 4 EXHIBIT A FITZGERALD DEEDS (in chronological order) "Deed dated October 27, 1954 from Larey E. Gray and Virginia Eloise Gray to Aubrey Hamilton Gray and Mary Carter Gray recorded in Deed Book 313, Page 259 conveying VVV 16 acres. (TMP 84-28A) eed dated March 26, 1962 from Larey E. Gray and Virginia Eloise Gray to Aubrey Hamilton Gray and Mary Carter Gray recorded in Deed Book 376, Page 593 conveying 18 acres. (TMP 84-28B) Yed dated March 15, 1974 from Larey E. Gray and Virginia EIoise Gray to Aubrey Hamilton Gray and Mary Carter Gray recorded in Deed Book 547, Page 39 conveying 33.5 acres. (TMP 70-47A) Deed dated August 9.2002 from Aubrey Hamilton Gray and Mary Carter Gray to Charles B. Fitzgerald and Pamela Fitzgerald recorded in Deed Book 2250, Page 244 conveying (1) 5.01 acres, (2) 63.84 acres, together with plat. Amended Declaration dated August 13, 2002 among Charles B. Fitzgerald and Pamela Fitzgerald, Charlie Austin Gray and Martha Dudley Gray, and Charles J. Gray and Donna L. Gray recorded in Deed Book 2250, Page 254 with respect to access easements. Deed of Easement dated August 12, 2002 from Thomas E. Thompson and Maria- MichaeIa Thompson to Charles B. Fitzgerald and Pamela Fitzgerald recorded in Deed Book 2250, Page 259 conveying a new access easement. Credit Line Deed of Trust dated August 14, 2002 recorded in Deed Book 2250, Page 265. Certificate of Satisfaction recorded in Deed Book 2579, Page 721. Credit Line Deed of Trust dated February 15, 2005 recorded in Deed Book 2920, Page 219. t Credit Line Deed of Trust dated April 15, 2005 recorded in Deed Book 2964, Page 436. Credit Line Deed of Trust dated June 30, 2006 recorded in Deed Book 3244, Page 264. =��Certificate of Plat dated July 24, 2006 recorded in Deed Book 3258, Page 183. William Fritz Fitzgerald Development Rights November 6, 2007 Page 4 of 4 U .� nderground Easement with Central Virginia Electric Cooperative dated May 25, 2006 recorded in Deed Book 3319, Page 121.