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HomeMy WebLinkAboutLOD201800012 Letter of Determination 2018-09-14IRG1- COUNTY 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, 2018 Brian S. Ray Roger W. Ray and Associates, Inc. 663 Berkmar Court Charlottesville VA 22901 RE: LOD201800012 — OFFICIAL DETERMINATION OF PARCEL OF RECORD AND DEVELOPMENT RIGHTS — Parcel ID 08600-00-00-01100 (Property of Israel's Gap Community Fund LLC) Samuel Miller Magisterial District Dear Mr. Ray: 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 Parcel ID 08600-00- 00-01100 is comprised of one (1) parcel of record, with five (5) theoretical development rights. The basis for this determination follows. The Albemarle County Real Estate Assessment records indicate Parcel ID 08600-00-00-01100 contains 284.5 acres and zero (0) dwellings. The property is zoned RA, Rural Areas. The most recent deed for Parcel ID 08600-00-00-01100 recorded prior to December 10, 1980, the date of adoption of the Zoning Ordinance, is recorded in Deed Book 581, page 44 dated December 26, 1974. Before December 10, 1980 Parcel ID 08600-00-00-01100 (284.5 acre parcel of record) Deed Date Parcel Change Description Acres Book/Page Y or N 55 / 158 5/9/1856 Y ...all a certain tract of land containing forty acres be the same more or less adjoining the lands of Samuel D. Moon, 40 Dabney barn and the estate of John Robinson deceased... 90 / 369 4/9/1888 N ...the tract or parcel of land... containing forty acres, be the same more or less... adjoining the lands of William Robinson, Nelson Pugh deceased and others and being the 40 same, conveyed by deed of bargain and date from B P Yates, and wife to said Hugh N Harris,... 100 / 2 9/1/1891 N ...all of that certain tract or parcel of land... adjoining the land of William Robinson, Nelson Pugh deceased, and others, containing forty acres be the same more or less, its 40 being the same tract or parcel of land conveyed to the said Benjamin F. Harris... in Deed Book 90 page 369 September 14, 2018 LOD201800012 Page 2 104 / 12 9/13/1895 N ...all of that certain tract or parcel of land... containing forty acres be the same more or less, it being the same tract or parcel of land of which of he paid R.F. Harris and Nancey F. Harris, his wife conveyed... in Deed Book 100 page 2 and 40 being the same land conveyed to the said R.F. Harris and Nancey F. Harris by Hugh Harris... in Deed Book 90 Page 369 110 / 54 11/26/1897 N ...all of that certain tract or parcel of land... containing forty acres be the same more or less, in being the same tract or 40 parcel of land conveyed... in Deed Book 100 page 2... and Deed Book 104 page 12 110 / 237 1/3/1898 N ...that certain tract or parcel of land... containing forty (40) acres be the same more or less, in being the same land 40 conveyed to the said Mrs. R.S. Gilmer by Frank Gilmer by deed dated the 26th day of November 1896... 123 / 120 5/30/1902 Y ...the said tract of land herein before defined... adjoining the lands of... containing by survey made by J.T.H. Simms S.A.C.... two hundred and thirty-four and three quarter (234 234.75 1/4) acres a plat thereof... Accompanying plat shows the 234 % acres. 127 / 63 9/1/1903 N ...all of those two certain tracts or parcels of land lying... containing respectively two hundred and thirty four and three quarter acres (234-3-4) more or less as shown by a 234.75 survey made by John T.H. Simms S.A.C. dated October 10th, 1900 and the other containing by estimate forty (40) acres more or less. They being the same two tracts of land 40 conveyed... in Deed Book 123 page 120 and the other tract being the same tract or parcel of land conveyed... in Deed Book 110 page 237 and by deed from Frank Gilmer in Deed Book 110 page 54. 144 / 231 12/20/1910 Y ...that certain tract or parcel of land... containing 284-1/2 acres and fully described by the plat hereto attached, made by Hugh F. Simms, S.A.C., Dec. 17, 1910, which is here referred to as a part of this deed. The above described land comprises a portion of the land which was conveyed to the said Guy U. Martin from Mrs. R.S. Gilmer and Frank Gilmer, her husband... in D.B. 127, P. 63... and includes also the land which was conveyed to the said Guy U. Martin by deed bearing the date the 201h 284.5 day of September, 1907, from Jerry M. White, which said deed will be recorded contemporaneously with this deed. I believe this Deed establishes the property as a singular tract of land containing 284.50ac as it is "fully described by the plat". The described land, 284.50 acres, is comprised of two portions, the land in DB 127/63 (described as two separate parcels) and a portion of the land in DB 144/473 less the land in DB 1441271. All of the deeds after 1910 continue to refer to the one tract of 284.50ac and no longer describe it as being a tract made up of "Parcel W and X in DB y P z" September 14, 2018 LOD201800012 Page 3 144 / 271 12/22/1910 Y ...all of a certain tract or parcel of thirty acres (more or less) of land... and bounded and described as follows;.... This includes all of that tract of land known as the Harris' place except what has already been sold to Maphis and Shaw for 30 the Commonwealth Improvement Co. I believe this is part of the land described in DB 145/473 and the difference (roughly 15 acres) is the 10+/- acres that is shown on the top part of the applicant's accompanying map. 144 / 473 9/21/1907 N ...certain tract or parcel of land... containing by recent survey, dated August 1907, made by Hugh T. Simms for John T.E. Simms S.A.C., and hereto attached and recorded along with this deed as a part thereof, forty five (45) acres 45 more or less and bounded as follows... This is the Deed referenced in DB 144/231 163 / 328 6/17/1911 N ...that certain tract or parcel of land... containing 284'/2 acres, more or less, being in all respects the same property conveyed to the said party of the first part by Guy U. Martin 284.5 and wife... in D.B. 144, P. 231, to which deed and the plat thereto attached reference is here made for a fuller and more accurate description of the land hereby conveyed... 266 / 305 12/22/1945 N ...all that certain tract or parcel of land... Containing 284'/2 acres, more fully described on a plat... in Deed Book 144 Page 231, being also the identical land conveyed to the 284.5 Robinson Cove Orchard Company, Inc .... by the said Commonwealth Investment Co. Inc .... in Deed Book 163 Page 328,... 273/552 5/14/1947 N ...all of that certain tract or parcel of land, with the privileges and appurtenances thereto belonging containing 284'/2 acres, more or less, and being the same land which was 284.5 conveyed to the said Henry B. Gordon and Henry B. Goodloe by deed from W.C. Fitzpatrick... in D.B. 266, p. 305... Reference is hereby made to a plat recorded in D.B. 144, P. 232 for a detailed description of the property hereby conveyed... 504 / 550 3/23/1972 N ... Fourth: All that certain tract or parcel of land containing 284.5 acres, more or less,... more particularly described... in Deed Book 144, page 232, being the same property in all 284.5 respects conveyed ...in Deed Book 273, page 552. 581 / 44 12/26/1974 N ...all of the property described in the first, second, third and fourth paragraphs of said deed... in Deed Book 504 page 284.5 550... 582 / 280 08/13/1975 N ...in Deed Book 273, page 552 R.A. Yancey was conveyed a certain tract of land containing 284'/2 acres, more or less, 284.5 together with the aforesaid right of way 20 feet in width ...the parties hereto now desire to relocate the aforesaid right of way across the property... ...right of way ... shall remain 20 feet in width and shall be relocated as shown on plat of B. Aubrey Huffman and Associates dated May 9, 1975 attached hereto and recorded as a part of this deed. September 14, 2018 LOD201800012 Page 4 This deed is about the agreement regarding the 20 feet for a right of way. This deed is included to continue to show that the property has been considered one 284.5ac tract since 12/20/1910. After December 10, 1980 Parcel ID 08600-00-00-01100 (284.5 acre parcel of record) Deed Date Parcel Change Description Acres Development Book/Page Y or N Rights 1217 / 109 4/1/1992 N Parcel One:... All that certain tract or parcel of land containing 284.5 acres, more or less, ... More particularly 284.5 5 described on a Plat of Hugh F. Sims... in Deed Book 144, page 232, being the same property in all respects conveyed... in Deed Book 273, page 552. 4891 / 622 3/24/2017 N Parcel Two (TM86-11): All that certain tract or parcel of land, ... shown on a plat of Hugh F. Sims... in Deed Book 144, page 232. 284.5 5 BEING the same property conveyed... in Deed Book 1217, page 109. 05036 / 495 4/20/2018 N ...certain tract or parcel of land... shown on a plat by Hugh F. Simms, S.A.C., dated December 17, 1910... and recorded in ... Deed 284.5 5 Book 144, page 232... AND BEING the same properties... in Deed Book 4891, page 622. Based on these deeds; Parcel ID 08600-00-00-01100 is determined to be one (1) parcel of record comprised of the following: Approximately 284.5 acres +/-, containing five (5) development rights. Because of the singular nature of the phrase "a certain tract or parcel containing 284'/z acres" that was first described in DB 144/231, there is not enough evidence to suggest that Parcel ID 08600-00-00-01100 is more than one parcel of record. All deeds after this deed continue to refer to the property as one tract and this includes the most recent deed prior to the adoption of the Zoning Ordinance, Deed Book 582, page 280, describing the land as being a "certain tract of land containing 2841/2 acres" and never mentions it as being more than one tract. The previous deeds do indeed describe them as being separate pieces of land that were together acquired but never refer to them as being separate from their initial joining, instead, being "a portion" of the singular "tract" containing 2841/2 acres. The parcel is 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 contain less than twenty-one acres allowed to be created by right. September 14, 2018 LOD201800012 Page 5 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 unappealable. An appeal may be taken only by filing an appeal application with the Zoning Administrator and the Board of Zoning Appeals, in accordance with § 34.3 of the Zoning Ordinance, along with a fee of $258 plus the actual cost of advertising the appeal for public hearing. 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 Zoning Ordinance. 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.org/cdapps.) If you have any questions, please contact me Sincerely, Francis H. MacCall Principal Planner Attachment: Map delineating parcel of record Copy: Travis Morris, Senior Clerk of the Board of Supervisors ISRAEL'S GAP COMMUNITY FUND LLC 2100 DROVERS LN NORTH GARDEN VA, 22959 LOD2018-00012 Israels Gap Community Fund LLC 85-66 kz p0 w 86=9A Legend 86-1OB (Note: Some items on map may not appear in legend) � P nwsm` o©a®o pul 86-16C Sfi-9 UA GO—�AE I_ a,amos�M RsEa,� aPE.�n,k '86-14 86-8 "aMPR°a0" o 85-64� .N 86-103 86-102 86-10C o� 8s � 5DRs 86-106 86-11 86-113 141113 , -- 86-111 85-40 .,r 86-107 86-109 800 ft 86-12 86-110 , �� y ocn be GIS-Web '�� Geographic Data Services www.albemarle.org 86-116 -`��xc.. (434)296-5832 Map is for Display Purposes Only • Aerial Imagery from the Commonwealth of Virginia and Other Sources September 13, 2018