March 2, 2004

 

Brian S. Ray

Roger Ray and Associates

1717 1B Allied Street

Charlottesville, VA 22903

 

RE: OFFICIAL DETERMINATION OF DEVELOPMENT RIGHTS AND PARCELS- Tax Map 135, Parcel 22F (W. A. Pace, Jr.) Section 10.3.1

 

Dear 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

Tax Map 135, Parcel 22F is a separate parcel with five (5) development rights. The basis for this determination is summarized as follows:

 

Our records indicate Tax Map 135, Parcel 22F contains 30.00 acres and no dwellings. The property is not in an Agricultural Forestal District. The most recent deed for this property is recorded in Deed Book 854, page 277.

 

This analysis begins with the deed of record in Deed Book 200, page 457, dated April 4, 1928. This deed conveyed three tracts of land from Edward W. Scott, Jr. and Adeline C. Scott to Edward W. Scott, 3rd, Augusta R. Scott and F. Pierson Scott. The tracts contained 200 acres, 270 ¼ acres and 219 ½ acres; a total of 689.75 acres. Excepted from this transaction was a tract of 4 acres (TM 135-8) and five additional tracts of land that were previously off-conveyed. These five tracts are designated as Lots 8, 9, 5, 3 and 7 on a plat and subdivision attached to this deed made by John Boldridge. The deed makes clear that Lots 1, 2, 4 and 6 on the Boldridge plat are conveyed with this transaction. On the basis of this deed, each of the nine lots shown on the Boldridge plat are determined to have been legal separate parcels at the time this deed was recorded. Tax Map 135, Parcel 22F is designated on the plat as Lot 4, containing 28.2 acres.

 

The most recent deed for this parcel recorded prior to the adoption of the zoning ordinance on December 10, 1980 is recorded in Deed Book 334, page 103, dated June 14, 1957. This deed conveyed 340 acres from Augusta Scott Morrill, Edward W. Scott and Mary D. Scott to F. Pierson Scott. The property is described as the same tracts of land aggregating some 369.55 acres, more or less, which was conveyed by the deed dated April 4, 1928 and recorded in Deed Book 200, page 457, with the exception, however, of a tract of 27.2 acres and a parcel of 2.13 acres. This transaction had no effect on the legal status of Lot 4 as shown on the Boldridge plat. On the basis of this deed, Lot 4, now identified as Tax Map 135, Parcel 22F retained its status as a separate parcel and is determined to be a lot of record with five (5) development rights.

 

Deed Book 854, page 277, dated September 27,1985, conveyed seven tracts of land from Jefferson National Bank, Executor u/w of F. Pierson Scott to Pierson Scott Morrill, Daniel Drake Morrill and Elizabeth Morrill Peters. Among these is Parcel 6 described, in part, as all that certain tract carried on the land books as Tax Map 135, Parcel 22, said tract containing 329.407 acres, more or less, and being part of the same property which was conveyed to F. Pierson Scott by deeds dated April 4, 1928 and June 14, 1957, recorded in Deed Book 200, page 457 and Deed Book 334, page 103, respectively.

It is determined that the reference to Deed Book 200, page 457 and Deed Book 334, page 103 in this description preserves the separate identity of Parcel 22F that was previously designated as Lot 4 with 28.2 acres on the Boldridge plat.

 

Deed Book 1746, page 735, dated June 10, 1998, conveyed 104.95 acres from Pierson Scott Morrill & Ann H. Morrill to Daniel Drake Morrill and Elizabeth Morrill Peters.  The property is described, in part, as all that certain tract of land shown on a plat of Robert L. Lum, dated June 4, 1998, that is attached to this deed. It is further described in the deed as being a portion of property designated as Lot 6 conveyed by the deed dated June 12, 1984 and recorded in Deed Book 854, page 277. This plat divided what was then shown as a single parcel, identified as 22 on Tax Map 135 into three tracts; Lot A containing 104.95 acres, a residual containing 224.46 acres and a residue containing 30 acres. The plat noted, “three development rights to be trans. with this tract, two to remain with residual north of Rt. 627.”  The 30 ac +/- residue north of Route 627 is in the location that was shown as Lot 4 on the Boldridge plat and is now identified as Lot 22F. The 104.95 acres is comprised of Lots 1 and 2 on the Boldridge plat containing 58.9 acres and 46.5 acres respectively. Although this subdivision plat assumed that Lots 1, 2 and 4 were part of one parcel, it did not legally combine those separate parcels because the deed refers to Deed Book 854, page 277. Therefore, it is determined that Parcel 22F retained its status as a lot of record with five development rights.

 

Deed Book 2668, page 691, dated December 18, 2003, conveyed 30 acres from Pierson Scott Morrill, Daniel Drake Morrill and Elizabeth Morrill Peters to W.A. Pace, Jr. The property, identified in Schedule A as Tax Map 135, Parcel 22F, is described, in part, as a portion of the property designated as Parcel 6 in the deed dated September 27, 1985 and recorded in Deed Book 854, page 277. This transaction had no effect on the legal status or development rights of Parcel 22F.

 

This parcel is entitled to the noted development rights 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.

 

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.

 

Return to consent agenda

Return to regular agenda

 

Sincerely,

 

 

 

John Shepherd

Manager of Zoning Administration

 

Copies:  Gay Carver, Real Estate Department

              Ella Carey, Clerk Board of Supervisors

              Reading Files 135-22F, 22D, 22D1 & 22D2

 

    W.A. Pace, Jr.

    3134 Avebury Lane

    Keswick, VA 22947