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Home My WebLink AboutLOD201700020 Letter of Determination 2017-09-14COUNTY OF ALBEMARLE Department of Community Development 401 McIntire Road, North Wing Charlottesville, Virginia 22902-4596 Phone (434) 296-5832 Fax (434) 972-4126 September 14, 2017 Roger W Ray & Associates, Inc. 663 Berkmar Court Charlottesville VA 22901 RE: LOD2017-000020 - OFFICIAL DETERMINATION OF PARCEL OF RECORD & DEVELOPMENT RIGHTS — Parcel ID 06600-00-00-01100 (Property of the ST MARGARET'S FARM LLC) Rivanna Magisterial District Dear Mr. Ray: The County Attorney and I have reviewed the title information for the above -noted properties. It is the County Attorney's advisory opinion and my official determination that Parcel ID 06600-00-00-01100 is comprised of three (3) parcels of record, with a total of twelve (12) theoretical development rights. The basis for this determination follows. The Albemarle County Real Estate Assessment records indicate Parcel ID 06600-00-00-01100 contains 236.82 acres and three (3) dwellings. The property is zoned RA, Rural Areas. The most recent deed for Parcel ID 06600-00-00-01100, recorded before the December 10, 1980, adoption of the Zoning Ordinance, is found in Deed Book 431, page 39 dated July 1, 1967. BEFORE DECEMBER 10, 1980 Parcel ID 06600-00-00-01100 (5.3 acre parcel of record Deed Date Parcel Change Description Acres Book / Page Y or N 231 / 516 05/29/1936 Y ...all that certain tract or parcel of land... containing 5.3 5.3 acres according to plat... hereto attached and made part of this deed... 248 / 196 10/25/1940 N ... that certain tract of land,... containing 237 (two hundred 237+1_ thirty-seven) acres, more or less, made up of three adjoining tracts more particularly described as follows: _ (1) Those two certain tracts containing 67 (sixty- 67 seven) acres, more or less, and 165 (one 165 hundred sixty-five) acres... in DB 231 P 465. (2) That certain tract of land containing 5.3 5.3+'- (five and 3/10) acres, more or less,... conveyed... in DB 231 P 516. 431 / 39 7/01/1967 N ...all those two certain adjoining tracts or parcels of land... 236.59+i- containing 236.59 acres and 7.6 acres, more or less, respectively, said two tracts of land being more particularly described... Said tract of 236.59 acres... was conveyed... inD6248P196,... September 14, 2017 LOD-2017-00020 Page 2of5 BEFORE DECEMBER 10, 1980 Parcel ID 06600-00-00-01100 (67.85 acre parcel of record) Deed Date Parcel Change Description Acres Book / Page Y or N 164 / 399 03/06/1917 Y ... a certain tract of land... containing sixty seven and 67.85 eighty-five one hundredths acres according to the plat and survey... hereto attached as a part of this deed... 178/277 01 /05/1922 Y ... it is proposed... to locate and construct that part of State 67.85 Highway No 9... near or over the land... - 1.14 The above described property is a strip or parcel of land... _ containing 1.14 acres, more or less... 66.71 178 / 557 03/18/1922 N ...all said tract or parcel of land... containing 67 acres 3 67.85 roods and 16 poles. Said land is... the same land conveyed... in DB 164 P 399... This deed did not account for the 1.14 acres removed with DB 178 P 277. 181 / 576 09/16/1922 N ...all of said tract or parcel of land... containing 67 acres 3 67.85 roods and 16 poles. Said land is... the same land conveyed... in DB 178 P 557... This deed did not account for the 1.14 acres removed with DB 178 P 277. 191 / 54 08/19/1925 N All that certain tract or parcel of land,... containing 67 acres 67.85 3 rods and 16 poles, and being the same property... conveyed... in DB 176 P 451. This deed did not account for the 1.14 acres removed with DB 178 P 277. 196 / 376 04/01/1927 Y ...that certain tract or parcel of land... containing 67 acres, more or less. The tract... is all the land conveyed... (in) 67.85+i_ DB191 P54. - 1.14 Except that by deed... in DB 178 P 277 the Commonwealth = acquired 1 14/100 acres of said land for a road. 66.71 By approximation the 1.14 acres was removed from the 67.85+1- acres leaving 66.71+/- acres 201 / 555 04/18/1928 Y All that certain lot, piece of parcel of land... containing 0.57 66.71 -0.57 acres more or less. _ By approximation the 0.57 acres was removed 66.14+1- from the 66.71+1' acres leaving 66.14+'- acres 231 / 465 05/27/1936 N ...that certain tract or parcel of land,... and containing 232 232+i- acres, more or less, more particularly described as all of the following two tracts of land. _ 1. That certain tract of 67 acres, more or less, 67+1_ ...conveyed... in DB 196 P 376. 2. that certain tract of 165 acres and 16 poles, 165.10+'- more or less, ...conveyed... in DB 200 P 55. This was SAVE AND EXCEPT a strip of land containing .57 removed from acres conveyed... to the Chesapeake and Ohio the 67+1' Railway Company... in DB 201 P 555 September 14, 2017 LOD-2017-00020 Page 3 of 5 248 / 196 10/25/1940 N ...that certain tract of land,... containing 237 (two hundred 237+1- thirty-seven) acres, more or less, made up of three adjoining tracts more particularly described as follows: - (1) Those two certain tracts containing 67 (sixty-seven) acres, more or less, and 165 67+1_ (one hundred sixty-five) acres... in DB 231 P 165 465. (2) That certain tract of land containing 5.3 (five and 3/10) acres, more or less,... conveyed... in 5.3 DB 231 P 516. 431 / 39 7/01/1967 N ...all those two certain adjoining tracts or parcels of land... 236.59+i_ containing 236.59 acres and 7.6 acres, more or less, respectively, said two tracts of land being more particularly described... Said tract of 236.59 acres... was conveyed... in DB 248 P 196, ... BEFORE DECEMBER 10, 1980 Parcel ID 06600-00-00-01100 (165.10 acre parcel of record) Deed Date Parcel Change Description Acres Book / Page Y or N 140 / 95 06/04/1909 Y ...a certain tract or parcel of land... containing 165 acres and 16 poles, more or less, being part of the property known 165.10+i_ as "Cobham Park"... Said property is more accurately described by plat and survey... which is hereto attached as a art of this deed... 200 / 55 02/17/1928 N ...all that certain tract or parcel of land,... containing 165 165.10+i- acres and 16 poles, more or less, being part of the property formerly known as Cobham Park,... and being the same property... conveyed... in DB 140 P 95. 231/465 05/27/1936 N ...that certain tract or parcel of land,... and containing 232 232+i_ acres, more or less, more particularly described as all of the following two tracts of land. 1. That certain tract of 67 acres, more or less, 67 ...conveyed... in DB 196 P 376. 2. that certain tract of 165 acres and 16 poles, 165.10+i" more or less, ...conveyed... in DB 200 P 55. 248 / 196 10/25/1940 N ... that certain tract of land,... containing 237 (two hundred 237+'- thirty-seven) acres, more or less, made up of three adjoining tracts more particularly described as follows: - (1) Those two certain tracts containing 67 (sixty- 67 seven) acres, more or less, and 165 (one 165+�- hundred sixty-five) acres... in DB 231 P 465. (2) That certain tract of land containing 5.3 (five and 5.3 3/10) acres, more or less,... conveyed... in DB 231 P 516. 431 / 39 7/01/1967 N ...all those two certain adjoining tracts or parcels of land... 236.59+'- containing 236.59 acres and 7.6 acres, more or less, respectively, said two tracts of land being more particularly described... Said tract of 236.59 acres... was conveyed... in DB 248 P 196, ... September 14, 2017 LOD-2017-00020 Page 4 of 5 AFTER DECEMBER 10, 1980 Parcel ID 06600-00-00-01100 (236.59 acres consists of three parcels of record; 5.53+1-, 66.14+'-, and 165.10+1-) Deed Book / Page Date Parcel Change Y or N Description Acres Development Ri hts 803 / 473 06/18/1984 ...the small parcel of land shown as Parcel X containing 0.23 acres on said plat of R.O. Snow 5.3 + 0.23 2 and Associates... _ 5.53 This plat added 0.23 acres to the 5.3 acres. The 5.3 acres is not identified as a separate parcel at the time of the platting of this boundary adjustment. Thus after the adjustment the parcel would be 5.53 acres 5.3 + 0.23). 4910 / 144 05/05/2017 N ...those certain lots, tracts, or parcels of land... more particularly described on Schedule A attached hereto. ALL THOSE CERTAIN LOTS OR PARCELS OF LAND... made up of the following Parcel 1:... Parcel 2:... Parcel 3:... Parcel 4:... Parcel 5: All those two certain adjoining tracts or parcels of land... containing 236.59 acres 236.59+'- and 7.6 acres, more or less, respectively, said two tracts of land being more particularly 5.53+/- 2 described... in 431 P 43. See DB 803 P 473, for a boundary line adjustment. 66.14+i- 5 165.10+i_ 5 By these deeds Parcel ID 06600-00-00-01100 is determined to be three (3) parcels of record, comprised of the following; Approximately 5.53 acres+'-, containing two (2) development rights, Approximately 66.14 acres+'-, containing five (5) development rights, and Approximately 165.10 acres`-, containing five (5) development rights. 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 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. 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 un-appealable. 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. September 14, 2017 LOD-2017-00020 Page 5 of 5 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/cdapps. 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.org/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.orq/cdapps.) If you have any questions, please contact me. Sincerely, Francis H. MacCall Principal Planner Attachment: Map delineating parcels of record Copy: Sheila Conrad, Real Estate Travis Morris, Senior Clerk of the Board of Supervisors Owner: PARCEL ID 06600-00-00-01100 ST MARGARET'S FARM LLC C/O JAMES V WHITE 15 SIGNATURE CREST COURT SPRING TX, 77382 LOD2017-00020 St Margaret's Farm LLC 66-3A 66-10l5 G G C; fib. 1 B 6 66.33 66-10K3 66-�6 6 6- i 6 �° 10 66-30 ss6fi.>3 B 3r� Legend (Note: Some items on map may not appear in legend) o 6' 0 6 � 0 9 �'� ti co 006, o F—RESCUES—ON .0-N.— • 66-10 F 6 6fi-10E1 s6, o t-� o scs �� `�� ° as,.,oN 6fi=8 na 22 L y \ 9`�` \LOU15A p 66-13A ' - robAl 6=15 ./ G\ 66-13 66-14 's Q AD 66-28C 66-19 i 66-11 JZ Z t, 66-j 7 / 0661 66-27A %i► rn0 w tiry V� �P 17 66-27 66-28 1. - 65-84 800 ft Louisa Co- 1 y of nt9e J=c -IIII � GIS-Web Geographic Data Services �, kk www.albemarle.org y�`RG.. (434)296-5832 Map is for Display Purposes Only • Aerial Imagery from the Commonwealth of Virginia and Other Sources September 11, 2017