HomeMy WebLinkAboutLOD200600008 Correspondence 2017-10-18From: John Shepherd
Sent: Thursday, April 06, 2006 10:37 AM
To: David E. Pennock
Subject: 128A2-3 Gillispie
David,
Brian Gillispie applied for a development right determination on this parcel. I do not find that a
determination is necessary because the note on the plat by Diana Dale of record in Deed Book 1397,
page 338, stating that the "residue parcel shall retain four division rights" can be relied upon.
There is an issue regarding the acreage of this parcel. The plat states the residue contains approximately
25 acres. This plat references Deed Book 255, page 493.
However, a boundary survey of the parcel also made by Diana Dale that is recorded in Deed Book 2466,
page 301 notes the parcel contains 10.979 acres. I have reviewed Deed Book 255, page 493 and
discussed this with Gay Carver to find an explanation of the discrepancy. This 1942 deed describes the
parcel as containing between 15 and 30 acres. This vast leeway in the deed description explains the
discrepancy between the two Dale plats. The acreage shown on the plat in Deed Book 1397, page 338
was apparently based on the deed description. The acreage determined on the survey in Deed Book
2466, page 301 was based on metes and bounds. The County real estate records contain no off -
conveyances from the 15 — 30 acre parcel between the 1942 deed and the creation of the 3-acre lot
shown on the plat in Deed Book 1397, page 338. The so-called approximate 25-acre residue plus the 3-
acre off -conveyance match the parcel as it is shown on the 1979 tax map. This is not an official
determination of development rights.
Please let me know if you have questions.
John
John Shepherd
Manager of Zoning Administration
Phone (434) 296-5832 ext. 3023
Fax (434) 972-4126