February 8, 2005

 

S. Barkley Rives or Agnes R. Burke

5961 Gordonsville Road

Keswick, VA 22947

 

RE: OFFICIAL DETERMINATION OF DEVELOPMENT RIGHTS - Tax Map 65, Parcels 93A1, 94, 95, 95A & 121 (Property of S. Barkley Rives or Agnes R. Burke) Section 10.3.1

 

Dear Mr. Rives and Ms. Burke:

 

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 65, Parcel 93A1 is one parcel with one (1) development right. Tax Map 65, Parcel 94 is comprised of three separate parcels; X containing 3 acres has one (1) development right. A containing 1.25 acres has one (1) development right. B containing 15.95 acres has five (5) development rights within the original 10.7-acre parcel. Tax Map 65, Parcel 95 is one parcel with two (2) development rights. Tax Map 65, Parcel 95A is one parcel with one (1) development right. Tax Map 65, Parcel 121 is one parcel with five (5) development rights. The basis for this determination is summarized as follows:

 

Tax Map 65, Parcel 93A1

 

Our records indicate Tax Map 65, Parcel 93A1 contains 3.811 acres and no dwellings. The property is in the Kinloch Agricultural Forestal District. The most recent deed for this property is recorded in Deed Book 1321, page 573.

 

The most recent deed for Tax Map 65, Parcel 93A1 recorded prior to the adoption of the Zoning Ordinance, December 10, 1980, is recorded in Deed Book 282, page 52 and dated January 4, 1949. This deed conveyed two contiguous tracts of land from Paul J. Bloch and Antonie Bloch to Lewis Mahanes and Lydia H. Mahanes. One of the tracts was described as containing 108.66 acres lying on both sides of State Highway 231.

 

The portion lying on the southeast side of said road contained by estimation some fifteen acres, more or less. The deed further noted that it was distinctly understood that said acreage is in no sense guaranteed and that this conveyance is in gross and not by the acre. On the basis of this deed, the 108.66-acre tract is determined to be a parcel of record.

 

Deed Book 1247, page 589, dated August 14, 1992, conveyed 9.3221 acres from Lydia H. Mahanes to Alexander L. Rives and Susan B. Rives. The deed included a subdivision plat by Gary M. Whelan, dated July 7, 1992, that showed Parcel A containing 3.811 acres and Parcel B containing 9.3221 acres. This is the entire portion of the above-mentioned 108.66-acre parcel located on the southeast side of State Highway 231. At the time the land was divided, this 15-acre +/- portion of the 108.6-acre parcel was considered to be a separate parcel of record under the Sanford v. Board of Zoning Appeals of Albemarle County Virginia. The plat noted that Parcel A has one (1) development right and four (4) development rights remain with Parcel B. On the basis the Sanford Case it is determined that the 15 +/- acre portion of the 108.66-acre tract is considered to be a parcel of record with five development rights. On the basis of this deed, the 3.811-acre lot has one (1) development right. This lot is designated as Parcel 93A1 on Tax Map 65

 

Deed Book 1321, page 573, dated June 10, 1993, conveyed 3.811 acres from Lydia H. Mahanes to S. Barclay Rives and Agnes Burke Rives. The property is described as that shown as Parcel A1 on the plat by Gary H. Whelan, dated July 7, 1992, of record in Deed Book 1247, page 589. This transaction had no effect on the legal status or development rights of Parcel 93A1.

 

Tax Map 65, Parcel 94

 

Our records indicate Tax Map 65, Parcel 94 contains 20.200 acres and one dwelling. The property is in the Kinloch Agricultural Forestal District. The most recent deed for this property is recorded in Deed Book 1290, page 648.

 

The most recent deed for Tax Map 65, Parcel 94 recorded prior to the adoption of the Zoning Ordinance, December 10, 1980, is recorded in Deed Book 310, page 285 and dated April 28, 1954. This deed conveyed two tracts from Anthony G. B. Rives and Gwendolen Ella A. Rives to Alexander G. B. Rives. The first contained 44 acres and is designated on Tax Map 65 as Parcel 121. The second is described, in part as follows.

 

All that certain tract or parcel containing 14.95 acres as shown on a plat by O. R. Randolph, Engineer, dated 4/3/53 and attached hereto. By reference to said plat it will be seen that this acreage consists of three separate parcels of land: (1) An

undesignated parcel of land containing approximately three acres, fronting on the southern side of State Route 231, conveyed to Gisela Antonia Rives by the deed  recorded in Deed Book 210, page 572. (2) A triangular parcel of land designated as Parcel A, being the same land conveyed to George Barclay Rives by the Deed recorded in Deed Book 163, page 470. (3) Parcel B being a portion of the Edgewood Tract conveyed to George Barclay Rives by the deed recorded in Deed Book 132, page 392.

 

Deed Book 163, page 470 indicates that Parcel A contains 1.25 acres.

 

On the basis of this deed this 14-95-acre tract is determined to have consisted of three separate parcels of record as described above.  The 3-acre undesignated parcel contains one (1) development right. Parcel A containing 1.25 acres has one development right. Parcel B containing a calculated 10.7 acres has five development rights. The O. R. Randolph plat and a portion of Tax Map 65 showing these parcels is enclosed.

 

Deed Book 916, page 428, dated January 2, 1987, conveyed a one-half undivided interest in 14.95 acres from Mary Joan Hodges Rives to S. Barclay Rives and Agnes Rives. The property is described as being the same that was shown on the plat by O. R. Randolph dated April 3, 1953 and conveyed by the deed recorded in Deed Book 310, page 288. This deed also notes that Alexander G. B. Rives acquired this property by the deed of record in Deed Book 310, page 285 and later conveyed to Alexander G. B. Rives and Mary Joan Hodges Rives by the deed of record in Deed Book 386, page 302. This transaction had no effect on the legal status or development rights of Tax Map 65, Parcel 94.

 

Deed Book 1163, page 163, dated May 14, 1991, conveyed 5.25 acres from Hugh Wilson and Charters Wilson to S. Barclay Rives and Agnes Rives. The land is designated as Parcel A on a plat by Roger W. Ray & Assoc. dated December 21, 1992. Parcel A, a portion of Tax Map 66, Parcel 3A is added to and combined with Parcel 94. The plat notes that no division rights are being transferred with Lot A. As a result of this transaction Parcel B shown on the O. R. Randolph plat contained 15.95 acres and five development rights. These development rights must be used within the original 10.7-acre parcel.

 

Tax Map 65, Parcel 95

 

Our records indicate Tax Map 65, Parcel 95 contains 4.872 acres and no dwellings. The property is in the Kinloch Agricultural Forestal District. The most recent deed for this property is recorded in Deed Book 1904, page 386.

 

The most recent deed for Tax Map 65, Parcel 95 recorded prior to the adoption of the Zoning Ordinance, December 10, 1980, is recorded in Deed Book 692, page 667 and dated March 26, 1980. This deed conveyed 4.8727 from Harry Dickerson and Mary C. Dickerson to Isaiah C. Byrd and Christine M. Byrd. The parcel is described as Lot A on a plat of B. Aubrey Huffman and Associates, Ltd., dated December 13, 1979. On the basis of this deed, the 4.8727-acre lot is determined to be a parcel of record with two (2) development rights.

 

Deed Book 1904, page 386, dated March 29, 2000, conveyed 4.8727 acres from Christine M. Byrd to S. Barclay Rives and Agnes Rives. The parcel is described as being the same property in all respects that was conveyed by the deed recorded in Deed Book 692, page 667. This transaction had no effect on the legal status or development rights of Tax Map 65, Parcel 95.

 

Tax Map 65, Parcel 95A

 

Our records indicate Tax Map 65, Parcel 95A contains 3.978 acres and no dwellings. The property is in the Kinloch Agricultural Forestal District. The most recent deed for this property is recorded in Deed Book 1904, page 384.

 

The most recent deed for Tax Map 65, Parcel 95 recorded prior to the adoption of the Zoning Ordinance, December 10, 1980, is recorded in Deed Book 692, page 672 and dated March 26, 1980. This deed conveyed 3.9787 from Harry Dickerson and Mary C. Dickerson to Herbert D. Payne and Jean A. Payne. The parcel is described as Lot B on a plat of B. Aubrey Huffman and Associates, Ltd., dated December 13, 1979. On the basis of this deed, the 3.9787-acre lot is determined to be a parcel of record with one (1) development right.

 

Deed Book 1904, page 384, dated March 29, 2000, conveyed 3.9787 acres from Herbert D. Payne and Jean A. Payne to S. Barclay Rives and Agnes Rives. The parcel is described as being the same property in all respects that was conveyed by the deed recorded in Deed Book 692, page 672. This transaction had no effect on the legal status or development rights of Tax Map 65, Parcel 95.

 

Tax Map 65, Parcel 121

 

Our records indicate Tax Map 65, Parcel 121 contains 38.840 acres and no dwellings. The property is in the Kinloch Agricultural Forestal District. The most recent deed for this property is recorded in Deed Book 1147, page 620.

 

This analysis begins with Deed Book 148, page 473, dated January 20, 1912. This deed conveyed 44 acres from the heirs of Rev. Ebenezer Boyden to G. Barclay Rives. The property is shown on a plat recorded in Deed Book 148, page 483. This deed and plat established this tract as a parcel of record for purposes of administering Section 10.3.

 

Deed Book 310, page 285, dated April 28, 1954, and summarized under the discussion of Parcel 94, conveyed two tracts to Alexander G. B. Rives. The First is described as containing 44 acres and as being the same land that was conveyed by the deed recorded in Deed Book 148, page 473 and shown on a plat recorded in Deed Book 148, page 183. This transaction had no effect on the legal status of this 44-acre tract.

 

Deed Book 492, page 34, dated July 23, 1971, conveyed 1 acre from Alexander Rives and Mary Joan Rives to Elnore Brassfield. The lot is shown on a plat by Hart and Bell, C.L.S., dated July 2, 1971 that is recorded with this deed. It is further described as being a portion of the property conveyed by the deed of record in Deed Book  310, page 285. This 1-acre parcel is now designated as Parcel 121A on Tax Map 65. This transaction reduced the parcel to 43 acres. It had no effect on the legal status of this 44-acre tract.

 

The most recent instrument for Tax Map 65, Parcel 121 recorded prior to the adoption of the Zoning Ordinance, December 10, 1980, is recorded in Deed Book 688, page 663 and dated January 29, 1980. This is a Certificate of Plat showing the lands of Alexander and Mary Joan Hodges Rives. The plat of William S. Roudabush, dated January 7, 1980, shows Tax Map 65, Parcel 121 containing 38.84 acres. The plat references Deed Book 310, page 285 and Deed Book 148, page 473 (plat). This appears to be the same property shown on the plat recorded indeed Book 148, page 483 minus the 1-acre lot. The discrepancy in acreage is not explained. On the basis of this plat, the 38.84-acre lot is determined to be a parcel of record with five (5) development rights.

 

Deed Book 1147, page 620, dated April 3, 1991, conveyed two parcels from Mary Joan Rives to S. Barclay Rives and Agnes Rives. Parcel One is described as being the 38.84-acre parcel conveyed by the deed recorded in Deed Book 688, page 664. Parcel Two, designated as Parcel 121 A on Tax Map 65 is not a subject of this determination. This transaction had no effect on the legal status or development rights of Parcel 121.

 

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. In addition Parcel 27 may create as many parcels containing a minimum of 21 acres as it has land to create.

 

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

 

Enclosed: Portion of Tax Map 65

                 O. R. Randolph plat dated 4/3/53

 

 

TM-P

Acreage

Division rights for 21 acre minimum parcels

Development rights

T.M. 65-93A1

3.811

0

1

T.M. 65-94

3

0

1

T.M. 65-94   A

1.25

0

1

T.M. 65-94   B

10.7 + 5.25 = 15.95

0

5 (within 10.7 ac. portion)

T.M. 65-95

4.8727

0

2

T.M. 65-95A

3.9787

0

1

T.M. 65-121

38.84

1

5

 

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