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HomeMy WebLinkAboutLOD200300036 Letter of Determination 2003-09-24Of Al, COUNTY OF ALBEMARLE Department of Building Code and Zoning Services 401 McIntire Road, Room 227 Charlottesville, Virginia 22902-4596 FAX (434) 972-4126 TELEPHONE (434) 296-5832 TtD (434) 972-4012 September 24, 2003 Jay B. Call, III Associates, Inc. P.O. Box 509 Richmond, VA 23218-0509 RE: OFFICIAL DETERMINATION OF PARCELS AND DEVELOPMENT RIGHTS - Tax Map 77, Parcel 31 (Mountaintop Farm - Property of Ann Carol Robins Charitable Remainder Unitrust; John C. Haskell, Trustee) Section 10.3.1 Dear Mr. Call: 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 77, Parcel 31 is comprised of four (4) 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 77, Parcel 31 contains 329.043 acres and is improved with twenty (20) dwellings. Of these dwellings, 3 are single family units and 17 are multi -family units. The property is not in an Agricultural Forestal District. The most recent deed for this property is recorded in Deed Book 2326, page 001. This analysis begins when the four parcels were initially acquired together by Ann Rollins Haskell from J. Nelson and Lois W. Brown on March 26, 1974 in Deed Book 547, parcel 455. This deed and plat recognizes this property as four (4) separate parcels. The parcels are shown on the "plat showing survey of 330.462 acres property belonging to J. Nelson and Lois W. Brown" by Kurt Gloeckner. This plat is dated February 14, 1974 and is found in Deed Book 547, Page 460. The prior deed book references and description for each of these four parcels follows: 1. Deed of Austin B. Osgood and wife, dated July 1, 1950 recorded in Deed Book 289, page 396. This property was previously known as tax map 78, parcel 24. This parcel consists in the aggregate of 227 213 acres, more or less. This is determined to be a parcel of record with five (5) theoretical development rights. Official Determination Of Parcels And Development Rights Tax Map 77, Parcel 31 (Mountaintop Farm) September 24, 2003 Page 2 2. Deed of Brown's Gifts, Incorporated, Gated August 16, 1951, recorded in Deed Book 296, page 535 excepting conveyance off of Parcel A and B as shown on plat of William S. Roudabush, Jr., dated October 28, 1958, recorded in Deed Book 344, page 493, and excepting the strip included in the right of way shown on plat recorded in Deed Book 143, pages 54-55. This property was previously known as tax map 77, parcel 26. This parcel consists of about 54.57 acres (the acreage is unlisted in the deeds; this amount was determined by staff through subtraction). This is determined to be a parcel of record with five (5) theoretical development rights. 3. Deed of Thomas Jefferson Memorial Foundation, Inc.., dated June 26, 1959, recorded in Deed Book 350, page 80. This property was previously known as tax map 31 B. It consists of 3.24 acres. This is determined to be a parcel of record with one (1) theoretical development right. All these same four (4) parcels (identified as "Parcel Two") were conveyed from Ann Robins Haskell to John C. Haskell, Jr., as Trustee of the Mountaintop Land Trust by Deed Book 687, page 183 dated December 20, 1979. This conveyance was pursuant to the terms of a certain land trust agreement dated December 20, 1979. This property (Parcel Two) was described as "all that certain tract of land in Albemarle County, Virginia, containing 330.462 acres according to plat of Kurt Gloeckner, Surveyor, dated February 14, 1974, and recorded in the said County Clerk's Office in Deed Book 547, page 460; being the same property in all respects which was conveyed to the said Ann Robins Haskell by deed of J. Nelson Brown and Lois W. Brown, husband and wife, and recorded in the said Clerk's Office in Deed Book 547, page 455." This is the deed of record as of December 10, 1980. This deed was merely to establish the Mountaintop Land Trust and it did not impact parcels of record or development rights. The subsequent deed, found in Deed Book 770, page 21, also does not appear to impact parcels of record or development rights. This is a deed of release and quitclaim between John C. Haskell, Jr., Trustee of the Mountaintop Land Trust (Grantor) and Michie Tavern, Inc. (Grantee). This deed of release refers to three parcels of land or easements: 1) A twelve foot strip of land containing a roadway crossing the land of the Grantee and leading to the other lands of the Grantor (recorded in Deed Book 143, page 55). 2) A triangular parcel of land situated at the intersection of the old and new Route 53 at the entrance to Michie Tavern, more particularly described in a deed dated September 1, 1957 and recorded in Deed Book 198, page 236 (The deed book and date do not match. This information was not provided for our review. Because it is a quitclaim and release deed, it does not appear to subdivide property or actually convey ownership). 3) A 15' easement which would not be relevant to the determination of parcels and development rights. Official Determination Of Parcels And Development Rights Tax Map 77, Parcel 31 (Mountaintop Farm) September 24, 2003 Page 3 The subsequent deed found in Deed Book 2326, page 001, also did not impact parcels of record or development rights. This was a deed of gift between John C. Haskell, Jr., Trustee of the Mountaintop Land Trust and John C. Haskell, Jr., Trustee of the Ann Carol Robins Marchant Charitable Remainder Unitrust. 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 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..C.P. Zoning Administrator Copies: Owner: Ann Robins Marchant c/o John C. Haskell, Trustee Gay Carver, Real Estate Department Reading File Ella Carey, Clerk to the Board of Supervisors