December 11, 2003

 

Audrey Mayo

P.O. Box 425

Earleysville, VA 22936

 

RE: OFFICIAL DETERMINATION OF PARCELS AND DEVELOPMENT RIGHTS - Tax Map 19, Parcel 4B(Property of Audrey A. Mayo) Section 10.3.1

 

Dear Ms. Mayo:

 

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 19, Parcel 4B is comprised of two separate parcels. Parcel A is the residue of Tract #1 as identified in Deed Book 329, page 80. Parcel B is the residue of Tract #4 as identified in Deed Book 329, page 80. Each of these parcels contains five (5) theoretical development rights. The location of these parcels is shown on a composite sketch attached to this determination. The basis for this determination is summarized as follows.

 

Our records indicate Tax Map 19, Parcel 4B contains 116.652 acres and two dwellings. The property is not in an Agricultural Forestal District. The most recent deed for this property is recorded in Deed Book 1441, page 674.

 

This determination begins with Deed Book 329, page 80, dated December 19, 1956, by and between Arline D. Kyger in her own right and as Trustee and Executrix of the Estate of Robert L. Kyger, and National Bank and Trust Company, Executor and Trustee of the Estate of Robert L. Kyger, parties of the first part and Clifford G. Allen and Audrey C. Allen, parties of the second part. The deed conveyed five adjoining tracts or parcels of land situated on both sides of State Route 663 and containing in the aggregate 524.6 acres of land.  The property is shown on a plat by A. R. Sweet and Associates, dated December 11, 1956 that is attached to this deed. These tracts are described, in part, as follows.

 

(1)     A tract containing 251 acres known as the Dr. Richards Place. This was conveyed to Dr. Kyger by the deed recorded in Deed Book 148, page 235.

 

(2)     A tract of 127 1/8 acres and a tract of 1 acre that were conveyed to Dr. Kyger by the deed recorded in Deed Book 295, page 9.

 

(3)     A tract of 11 acres that was conveyed to Robert L. Kyger by the deed recorded in Deed Book 310, page 468.

 

(4)     That tract of 135 acres that was conveyed to Robert L. Kyger by the deed recorded in Deed Book 273, page 590.

 

These tracts aggregate 525 1/8 acres as described in the deeds, but were found to aggregate 524 6/10 acres as shown on the plat by A. R. Sweet and Associates, that is dated December 11, 1956 and is attached to this deed.

 

On the basis of this deed, the 251-acre tract, the 135-acre tract, the 127 1/8-acre tract and the 11-acre tract were each lots of record on the date of recordation.

 

Deed Book 148, page 235 described the 251- acre tract as two separate lots. However, the entire area shown as Lot 1 has been off conveyed. Only a portion of Lot 2 remains within the bounds of the of what is now Parcel 4B.

 

The 1-acre portion of Tract #2 is not considered to be a lot of record with a development right. Rather, it is described in Deed Book 234, page 486 as a strip of land on the west side of Route 663, created as the result of the relocation of the road. This strip of land is not within the bounds of what is now Parcel 4B.

 

Deed Book 414, page 341, dated September 22, 1965 conveyed 3.51 acres from Clifford G. Allen and Audrey C. Allen to the Commonwealth of Virginia. The land is located on both sides of Route 663. As a result of this transaction, the residue is calculated to contain 521.09 acres.

 

Deed Book 478, page 312 is a Deed of Partition dated October 5, 1970. This deed conveys the 524.6-acre tract to Clifford G. Allen and Audrey C. Allen Deed as tenants in common. This is the same property conveyed to these parties as tenants by the entirety in Book 329, page 80.

 

Between May 25, 1960 and May 15, 1979, ten tracts of land were divided from the 524.6 acre property and conveyed to various parties by Clifford G. Allen and Audrey C. Allen.  There is no language in any of the deeds or on the plats that serve to combine the five tracts identified in Deed Book 329, page 80. The locations of the tracts are shown on a composite sketch attached to this determination. These transactions are described as follows:

 

Deed Book 354, page 233, dated May 25, 1960, conveyed 68.85 acres to West Virginia Pulp and Paper Company. The property is described as being a portion of Tracts 2 and 4 conveyed by Deed Book 329, page 80 and is shown on a plat by Paul M. Saunders, dated May 1960. The residue is calculated to contain 452.44 acres.

 

Deed Book  444, page 10, dated May 14, 1968, conveyed 30.01 acres to Frederick & Concetta Schenkel. The property is described as being a portion of the land conveyed by Deed Book 329, page 80 and is shown as Tract A on a plat by William S. Roudabush, dated May 2, 1968. The residue is calculated to contain 422.43 acres.

 

Deed Book 445, page 260, dated May 15, 1968, conveyed 100.01 acres to Camp C’est La Vie. The property is described as being a portion of the land conveyed by Deed Book 329, page 80 and is shown on a plat by William S. Roudabush, dated April 19, 1968. The residue is calculated to contain 322.42 acres.

 

Deed Book 458, page 259, dated April 22, 1969, conveyed 27.95 acres to James D. & Bobbie J. Bower. The property is described as being a portion of the land  conveyed by Deed Book 329, page 80 and is shown as Tract B on a plat by William S. Roudabush, dated May 2, 1968. The residue is calculated to contain 294.47 acres.

 

Deed Book 490, page 176, dated June 29, 1971, conveyed 43.41 acres to Pricilla B. Foss. The property is described as being a portion of the land conveyed by Deed Book 329, page 80 and is shown on a plat by William S. Roudabush, dated June 21, 1971.

The residue is calculated to contain 251.06 acres.

 

Deed Book 574, page 205, dated June 1, 1975 conveyed 19.08 acres to David W. and McCrea S. Kudravetz. The property is described as being a portion of the land conveyed by Deed Book 329, page 80 and is shown on a plat by William S. Roudabush, dated May 6, 1975. The residue is calculated to contain 231.98 acres.

 

Deed Book 589, page 652, dated March 1, 1976 conveyed 39.40 acres to George B McCallum, III and Barbara D. McCallum. The property is described as being a portion of the land conveyed by Deed Book 329, page 80 and is shown on a plat by William S. Roudabush, dated November 2, 1971. The residue is calculated to contain 192.58 acres.

 

Deed Book 599, page 6, dated June 28, 1976, conveyed 51.9 acres to Audrey Marie Allen Mayo and Susan Jane Allen. The property is described as being a portion of the land conveyed by Deed Book 329, page 80 and is shown on a plat by William S. Roudabush, dated May 8, 1975. The residue is calculated to contain 140.68 acres.

 

Deed Book 619, page 186, dated May 1, 1977, conveyed 21.08 acres to George and Barbara W. Kudravetz. The property is described as being a portion of the land conveyed by Deed Book 329, page 80 and is shown on a plat by William S. Roudabush, dated March 23, 1977. The residue is calculated to contain 119.6 acres.

 

The most recent instrument for this parcel recorded prior to the date of adoption of the Albemarle County Zoning Ordinance, (December 10, 1980) is in Deed Book 617, page 11. This deed, dated May 15, 1979 contains a certificate of plat. The plat shows a subdivision of the property that is described as being a portion of the land conveyed by Deed Book 329, page 80. The 2.55-acre parcel is shown on a plat by William S. Roudabush, dated April 27, 1977. The residue is calculated to contain 117.05 acres. This agrees with the note on the plat stating the residue of Parcel 4B is 117 +/- acres.

 

On the basis of this deed, the remainder of the 524.6-acre property, containing 117 +/- acres is determined to be comprised of two (2) separate parcels. One is the residue of Dr. Richards Place, identified as Tract #1 in Deed Book 329, page 80. The other is the residue of Tract 4 in Deed Book 329, page 80.

 

Deed Book 1441, page 674, dated November 21, 1994 conveyed those certain tracts of land known as Tax Map 19, Parcel 4B and Tax Map 18, Parcel 65 from Audrey Marie Allen Mayo, Executor of the Estate of Clifford G. Allen and Trustee of the Trust U/W Clifford G. Allen and as Executor of the Estate of Audrey C. Allen to Audrey A. Mayo.

 

The parcels are described as containing 116.652 acres and 2.55 acres respectively, more or less.  This is the residue of the land conveyed by the deed recorded in Deed Book 329, page 80 after numerous off-conveyances. This transaction had no effect on the status of the parcels or the associated development rights.

 

The 2.55 acres parcel is not a subject of this determination. The 116.652-acre parcel is comprised of two separate parcels, as described above. The location of the parcels is shown on the enclosed sketch. The separate acreages have not been calculated. Each of these parcels contains five (5) theoretical development rights.

 

These development rights may be utilized if all other applicable regulations can be met. 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. In addition to the development right lots, as many parcels containing a minimum of twenty-one acres may be created as the property can support, if all other applicable regulations can be met.

 

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 which 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,

 

John Shepherd

Manager of Zoning Administration

 

Enclosures: Location of Parcels A and B

                   Four tracts referenced in Deed Book 329, page 80

                   Off-conveyances          

 

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