June 10, 2004

 

Donna Cooper

2111 Michie Drive #38

Charlottesville, VA 22901

 

RE: OFFICIAL DETERMINATION OF DEVELOPMENT RIGHTS AND PARCELS- Tax Map 94, Parcel 24 (Property of Gertrude Y. Hart, George Yates, Jr., Hattie Scranage, Henry Yates ETAL) Section 10.3.1

 

Dear Ms. Cooper:

 

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 94, Parcel 24 is comprised of three separate parcels.  The locations of the parcels are shown on the attached sketch. Parcel A, containing approximately 41.48 acres in Albemarle County has five (5) development rights. Parcel B, containing approximately 9.72 acres has four (4) development rights. Parcel C, containing approximately 7.9 acres has three (3) development rights. These parcels are shown on the 1980 tax map that is attached to this letter. The basis for this determination is summarized as follows:

 

Our records indicate Tax Map 94, Parcel 24 contains 54.73 acres and one dwelling. The property is not in an Agricultural Forestal District. The most recent deed for this property is recorded in Deed Book 817, page 227.  The acreage for this parcel should be corrected in the County records by adding 4.36 acres for a total of 59.1 acres. The 4.36 acres that was off conveyed by the deed recorded in Deed Book 215, page 143 should not have been subtracted from Parcel 24.

 

The most recent deed for this parcel recorded prior to the adoption of the ordinance, December 10, 1980 is recorded in Deed Book 567, page 507 and dated January 8, 1974. This deed conveyed 65 acres, more or less from the heirs of Joe Yates to Cauline M. Yates. The property is described as being the land conveyed to George Hughes by the following four deeds, described in part as follows:

 

(a)   50 acres conveyed by deed dated May 17, 1875 and recorded in Deed Book 69, page 576. The property is designated as Lot 2 on an attached plat;

 

The plat recorded in Deed Book 69, page 576 by Walker J. Barnett showed two tracts, each containing 50 acres. The tract conveyed in 1974 to George Hughes was identified as Lot 2. A portion of Lot 2 is located in Fluvanna County.


On the basis of this deed, it is determined that this 50.5 acre property was a parcel of record.

 

(b)   9 and 112/160 acres conveyed by deed dated December 22, 1879 and recorded in    

Deed Book 76, page 211;

 

Deed Book 76, page 211 has no plat of the parcel. The real estate records of the County include a sketch of the 9.72-acre parcel based on the metes and bounds description in the deed. This parcel is located between Union Mills Road and the county line south of Lot 2 described above. On the basis of this deed, it is determined that this property containing approximately 9.72 acres, identified as Parcel B, is a parcel of record with four (4) development rights.

 

(c)   14 and 8/9 acres conveyed by deed dated August 6, 1881 and recorded in Deed Book 78, page 376;

 

This deed does not contain a plat of the parcel. The real estate records of the County include a sketch of the 14.9-acre parcel based on the metes and bounds description in the deed. This parcel is located on the west side of Union Mills Road. On the basis of this deed, it is determined this property containing approximately 14.9 acres is a parcel of record.

 

(d)   4.36 acres conveyed by deed dated April 22, 1931 and recorded in Deed Book 215, page 143. The property is described on a plat by Hugh Simms, dated July 1927 and attached to a bill in chancery of record under the style of B.C. Hearns v. Minerva Harris. This parcel was part of Lot 1 on the Barnett plat and is not part of this determination.

 

EXCEPT as follows:

 

(1) 4.36 acres conveyed by deed dated April 22 and recorded in Deed Book 213, page  

     11. The property is described on a plat by Hugh Simms, attached to the deed;   

     Again, this was not part of Lot 1 and is not part of the subject property.

 

(2) Two tracts conveyed by deed dated September 12, 1973 and recorded in Deed   

      Book 566, page 527. A plat by Roudabush and Gloeckner, dated August 21, 1973 is   

      attached to the deed.

 

The two tracts shown on the Roudabush plat are Parcels A, now identified as Tax Map 94, Parcel 24A, containing 7.0 acres and Parcel B, now identified as Tax Map 94,Parcel 24B, containing 3.0 acres.

 

As a result of the off conveyance of the 3-acre parcel, now identified as Tax Map 94, Parcel 24B, the above described Parcel A was reduced from 50.5 acres to 47.5 acres. County real estate records indicate that the portion of this parcel that is located in Fluvanna County contains 6.02 acres. On the basis of this deed, it is determined that the portion of the 47.5 acre parcel that is located in Albemarle County and estimated to contain 41.48 acres, and identified as Parcel A, is a parcel of record with five development rights.

 

Also, as a result of the off conveyance of the 7-acre parcel, now identified as Tax Map 94, Parcel 24A, the above described 14.9 acre tract was reduced to 7.9 acres. On the basis of this deed, it is determined that the 7.9 acre lot, identified as Parcel C, is a parcel of record with three (3) development rights.

 

Deed Book 817, page 227, dated September 27, 1984 conveyed 65 acres to Gertrude Y Hart, George Yates, Jr., Hattie Scranage, Henry Yates, Mildred Strother, Phillip Strother, Phillip Yates, Martha Terrell, Arthur Yates, James Yates, Jr., Jane E. Terrell, and Gertrude Yates from Cauline Yates. The property is described as being the same land in all respects that was conveyed to Cauline Yates by the deed recorded in Deed Book 567, page 507. This transaction has no effect on the status of the parcels or on the development rights of the parcels.

 

These parcels are 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. Please be aware that this determination only addresses the portion of the property that is located in Albemarle County.

 

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

Donna Cooper

June 10, 2004

Page 4

 

Enclosed: Original parcels sketched on the1980 Tax Map 94

                 Current parcels sketched on the1980 Tax Map 94

 

Copies:  Gay Carver, Real Estate Department

               Ella Carey, Clerk Board of Supervisors

               Reading Files

 

 

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