June 8, 2004

 

John D. Griffin

4291 Stony Point Road

Keswick, VA 22947

 

RE: OFFICIAL DETERMINATION OF DEVELOPMENT RIGHTS AND PARCELS- Tax Map 48, Parcel 58 (Property of John D. Griffin and Michele H. Griffin) Section 10.3.1

 

Dear Mr. Griffin:

 

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 48, Parcel 58 is comprised of three (3) separate parcels; Parcel A containing 25.75 acres, Parcel B containing 41.7 acres and Parcel C containing 24.16 acres. Each of these parcels has five (5) development rights. The location of these parcels is shown on the 2001 tax map that is attached to this determination. The basis for this determination is summarized as follows:

 

Our records indicate Tax Map 48, Parcel 58 contains 91.61 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 1956, page 385.

 

Deed Book 248, page 280, dated November 11, 1940, conveyed 25.75 acres from Daniel T. Deane & Lucy F. Deane to Ollie B. Deane. The parcel is described on a plat by Keesee Brooking, dated November 4, 1940 that is attached to the deed. The parcel is further described as being a part of the land which was conveyed to Dan T. Deane by the deed recorded in Deed Book 233, page 368. This is the most recent deed for this tract recorded prior to December 10, 1980, the date of the adoption of the ordinance. This tract is identified as Parcel [A] on the attached key. On the basis of this deed and plat, this 25.75-acre tract is determined to be a separate lot of record with five development rights.

 

Deed Book 279, page 100, dated May 28, 1948, conveyed a one half, undivided interest in a 25.75-acre parcel from Ollie B. Deane to Elsie Deane. The parcel is described as

being the land that was conveyed to Ollie B. Deane by the deed recorded in Deed Book 348, page 280. This transaction had no effect on the legal status of this parcel.

 

Deed Book 295, page 327, dated May 25, 1951, conveyed 41.7 acres from Lucy F. Deane to Ollie B. Deane and Elsie A. Deane. The parcel is described on a plat by C. H. Shapliegh, dated May 1951 that is attached to the deed. The parcel is further described as being a part of the land which was conveyed to Dan T. Deane by the deed recorded in Deed Book 233, page 368. This plat also showed the 25.75-acre parcel that was conveyed by the deed recorded in Deed Book 248, page 280 as well as a 32.35-acre residue. This is the most recent deed for the 41.7-acre tract recorded prior to December 10, 1980, the date of the adoption of the ordinance. This tract is identified as Parcel [B] on the attached key. On the basis of this deed and plat, this 41.7-acre tract is determined to be a separate lot of record with five development rights. The 32.35-acre tract was a separate lot of record when this deed was recorded.

 

Deed Book 348, page 512, dated May 15, 1959, conveyed 32.35 acres from Lucy F. Dean to Ollie B. Deane to Elsie A. Deane. The parcel is described on the plat by C. H. Shapliegh, dated May 1951 and is recorded in Deed Book 295, page 327. The parcel is further described as being a part of the land which was conveyed to Dan T. Deane by the deed recorded in Deed Book 233, page 368. This transaction had no effect on the legal status of this property. 

 

Deed Book 467, page 258, dated October 13, 1969, conveyed 1.73 acres from Ollie B. Deane & Elsie A. Deane to the Commonwealth of Virginia. The land was taken for improvements to Route 20. The land is part of the property conveyed to the Grantor by the deed recorded in Deed Book 348, page 512. As a result of this transaction, the residue of the original 32.35-acre Tract [C] contained 30.62 acres. (32.35 1.73 = 30.62) 

 

Deed Book 568, page 152, dated January 30, 1975, conveyed 2.33 acres from Ollie B. Dean(e) & Elsie A. Dean(e) to Burl Dean(e) & Estelle Dean(e). The lot is shown on a plat by Warren F. Wade, dated January 21, 1975. The lot is further described as being a portion of the land conveyed to the parties of the first part by the deed recorded in Deed Book 348, page 512. As a result of this transaction, the residue of the original 32.35-acre Tract [C] contained 28.29 acres. (30.62 2.33 =28.29)

 

Deed Book 629, page 199, dated May 12, 1977, conveyed 2.01 acres from Ollie B. Dean(e) & Elsie A. Dean(e) to Denson B. Dean(e). The lot is shown on the plat by Warren F. Wade, dated November 24, 1976. The lot is also described as being a portion of the land conveyed to the parties of the first part by the deed recorded in Deed

Book 348, page 512. As a result of this transaction, the residue of the original 32.35-acre Tract [C] contained 26.28 acres. (28.29 2.01=26.28)

 

Deed Book 629, page 203, dated May 12, 1977, conveyed 2.12 acres from Ollie B. Dean(e) & Elsie A. Dean(e) to Elwood Dean(e) & Madeline Dean(e). The lot is shown on a plat by Warren F. Wade, dated November 24, 1976. The lot is further described as being a portion of the land conveyed to the parties of the first part by the deed recorded in Deed Book 348, page 512. As a result of this transaction, the residue of the original 32.35-acre Tract [C] contained 24.16 acres. (26.28 2.12 =24.16) This is the most recent deed for the 32.35-acre tract recorded prior to December 10, 1980, the date of the adoption of the ordinance. This tract is identified as Parcel [C] on the attached key. On the basis of this deed and plat, this 24.16-acre tract is determined to be a separate lot of record with five development rights.

 

Deed Book 1956, page 385, dated September 18, 2000, conveyed 91.61 acres from Elsie A. Dean(e) to John Darden Griffin & Michelle Hayes Griffin. The property is described, in part, as being the residue of a larger tract containing 99.8 acres shown on the plat by Hugh F. Simms recorded in Deed Book 233, page 370 and on the plat by C. H. Shapleigh recorded in Deed Book 295, page 328, LESS AND EXCEPTING the three parcels described above, containing 2.33 acres, 2.01 acres and 2.12 acres. Though not mentioned in the deed, the 1.73 acres conveyed to the Commonwealth by the deed recorded in Deed Book 467, page 258 is also excepted from this transaction. This transaction had no effect on the legal status of this property. 

 

Deed Book 2460, page 813, dated May 12, 2003, contains a boundary line agreement between John D. Griffin & Michelle H. Griffin and Dominion Development Company, L.L.C.  A plat by Thomas B. Lincoln, dated April 3, 2003, shows the boundary adjustment between Parcel 58, owned by John and Michelle Griffin and Parcels 58C and 58D, owned by Dominion Development Company. This plat shows the area of Parcel 58C contains 1.885 acres and Parcel 58D contains 1.83 acres. The resulting acreage of Parcel 58 is not indicated on the plat. This transaction had no effect on the legal status or the development rights of this property.

 

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.

 

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

 

Copies:  Gay Carver, Real Estate Department

              Ella Carey, Clerk Board of Supervisors

              Reading File 48-58

 

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