February 8, 2005

 

Rock Mills Land Trust

Phyllis Smith Gilmer, Trustee

P.O. Box 75

Ivy, VA 22945

 

RE: OFFICIAL DETERMINATION OF DEVELOPMENT RIGHTS AND PARCELS- Tax Map 74, Parcels 19 & 20 (Property of Rock Mills Land Trust) Section 10.3.1

 

Dear Ms. Gilmer:

 

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 74, Parcel 19 is comprised of five separate parcels of record as follows:
 

(1) 86.54 acres with 5 development rights

 

(2) 31 acres minus a portion of the 14-acre lot created in Deed Book 322, page  

     121 with five development rights.

 

(3) 7 acres with three development rights.

 

(4) 9 acres minus a portion of the 14-acre lot created in Deed Book 322, page  

     121 with an undetermined number of development rights.

 

(5) 3 acres with one development right.

 
The approximate location of these parcels is shown on the enclosed 1979 Tax Map.

 

The location of parcels 2 through 5 and the acreage of Parcels 2 and 4 listed above must be determined by a survey. With that information the development rights of Parcel 4 and the ability of Parcel 2 to create a 21-acre parcel will be determined. The acreage of Parcels 2 through 5 must be further adjusted to account for the Deed of Exchange of record in Deed Book 1043, page 258.
 
Tax Map 74, Parcel 20 is a separate parcel of record with four development rights.
 
The basis for this determination is summarized as follows.

 

Our records indicate Tax Map 74, Parcel 19 contains 122.747 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 1043, page 258.

 

Our records indicate Tax Map 74, Parcel 20 contains 9.000 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 692, page 687.

 

The most recent deed for these parcels recorded prior to the adoption of the Zoning Ordinance, December 10, 1980 is recorded in Deed Book 692, page 687 and is dated April 23, 1980. This deed conveyed certain tracts or parcels containing in the aggregate approximately 130.54 acres from Mildred Lapham Smith to Phyllis Smith Gilmer, as Trustee of the Rock Mills Land Trust. The parcels are described as being the same property in all respects as was being conveyed or acquired by the Grantor herein by the following deeds:

 

1.       [T.M. 74 – 19 portion] Deed Book 215, page 27, dated December 3, 1931, conveyed 87.25 acres to Linton Smith and Mildred Smith. Deed Book 366, page 251, dated March 3, 1961, conveyed a 0.71-acre portion of the 87.25-acre parcel to E. Markwood Gilmer and Phyllis Gilmer, leaving approximately 86.54 acres owned by Linton Smith and Mildred Smith. Linton Smith died May 19, 1961, and his interest in the property became vested in the Grantor herein.

 

Deed Book 215, page 27 references a plat of the tract of 87 1/4 that is recorded in Deed Book 147, page 213. A copy of this plat is enclosed.  

 

(The description of the property in the deed and the plat by Hugh F. Simms both depict the property as a single parcel.)

 

Deed Book 366, page 251 contains a plat of the 0.71 parcel. This parcel is now designated as Parcel 19A on Tax Map 74. It is not part of this determination. On the basis of this deed, the 86.54-acre residue is determined to be a parcel of record for purposes of administering Section 10.3.

 

On the basis of Paragraph 1 in Deed Book 692, page 687, the 86.54-acre parcel of record has five (5) development rights. This is a portion of Parcel 19.

 

2.       [T.M. 74 – 19 portion] Deed Book 266, page 33, dated December 6, 1945, conveyed 50 acres to Linton Smith and Mildred Smith. Deed Book 322, page 121, dated January 31, 1956, conveyed a 14-acre portion of the 50-acre parcel to John B. Pangman and Hilda F. Pangman, leaving approximately 36 acres owned by said Linton Smith and Mildred Smith. Linton Smith died May 19, 1961, and his interest in the property became vested in the Grantor herein.

 

Deed Book 266, page 33, dated December 6, 1945 conveyed 50 acres from George Gross and Mary Jane Gross to Linton Smith and Mildred L. Smith. The property is described as being the same as was conveyed by the deed of record in Deed Book 245, page 49 and that the property hereby conveyed is described as being composed of 4 separate parcels which had been conveyed to John W. Gross, parent of said George Gross, by 4 separate deeds as follows:

 

(1)     31 acres by deed of Peter McGehee dated December 30, 1887, D.B. 98, page 449.

 

(The deed describes the property as being a part of a tract conveyed to Peter McGehee and further by metes and bounds.)

 

(2)     7 acres by deed of Peter McGehee dated November 6, 1883, D.B. 83, page 34.

 

(The deed describes the property as being a tract conveyed to Peter McGehee and further by metes and bounds.)

 

(3)     9 acres by deed of Eliza L. McGehee and Mary M. McGehee dated November 15, 1905, D.B. 145, page 321.

 

(The deed describes the parcel by metes and bounds and contains a plat by John T. E. Simms.)

 

(4)     3 acres by deed of Peter McGehee dated February 15, 1884, D.B. 83, page 390.

 

(The deed describes the property as being a part of a tract conveyed to Peter McGehee and further by metes and bounds.)

 

On the basis of this deed, Tracts 2 and 4 are determined to be parcels of record for purposes of administering Section 10.3.

 

Deed Book 322, page 121, dated January 31, 1956, conveyed 14 acres from Linton Smith and Mildred L. Smith to John B. Pangman and Hilda F. Pangman. The property is described as being a portion of Tract 21 as shown on Section 74 of the Tax Map. It is further described as being a portion of Tracts 1 and 3, containing 31 and 9 acres respectively conveyed by the deed of record in Deed Book 266, page 33. The deed contains a metes and bounds description of the land.

 

 

On the basis of this deed, the 14-acre parcel and the remainder of Tracts 1 and 3 are determined to be parcels of record for purposes of administering Section 10.3.

 

On the basis of Paragraph 2 in Deed Book 692, page 687, this 36-acre portion of Tax Map 74, Parcel 19 is determined to be four (4) separate parcels of record.

 

Tract 1 contains 31 – [14 – X] acres and 5 development rights.

Tract 2 contains 7 acres and Three (3) development rights.

Tract 3 contains 9 - X acres and ? development rights.

Tract 4 contains 3 acres and one (1) development right.

 

The acreage of Tracts 1 and 3 and the location of all four tracts must be determined.

 

3.       [T.M. 74-20] Deed Book 273, page 294, dated April 17, 1947, conveyed 9 acres to Linton Smith. Linton Smith died intestate May 19, 1961, and his interest in the property became vested in the Grantor herein and his children. By the deed recorded in Deed Book 529, page 59, dated January 23, 1973, the children of Linton Smith conveyed their interest in the 9-acre parcel to Mildred Lapham Smith.

 

Deed Book 273, page 294, April 17, 1947, conveyed 9 acres from David J. Wood, to Linton Smith. The deed contains a metes and bounds description of the property and further describes it as being the same property in all respects as was conveyed to Joe Bowles by Peter McGehee and wife by deed dated December 31, 1883 of record in Deed Book 86, page 229. County real estate records contain a sketch of this parcel, based on the 1883 description that makes it clear that this is Tax Map 74, Parcel 20.

 

Deed Book 529, page 59, dated January 23, 1973, conveyed 9 acres from Jessie Mary Smith Forbes, Harlan B. Forbes, Jr., Nina Viola Smith Gilmer, Sidney A. Smith, Phyllis Smith Gilmer, E. Markwood Gilmer, Henry Linton Smith, Leonarda K. Smith to Mildred Lapham Smith. The property is described as being the same as was conveyed by the deed of record in Deed Book 273, page 294. This transaction had no effect on the legal status of this parcel.

 

On the basis of Paragraph 3 in Deed Book 692, page 687, this 9-acre tract, designated as Tax Map 74, Parcel 20, is determined to be a separate parcel of record with four (4) development rights.

 

Deed Book 1043, page 258, dated April 11, 1989, contains a Deed of Exchange between Haley, Chisholm & Morris, Inc., the owner of Tax Map 74, Parcels 60, 61, and 68 and Phyllis Smith Gilmer, Trustee of the Rock Mills Land Trust, owner of Tax Map 74, Parcel 19. The land exchanged is shown on a plat of Roudabush, Gale & Assoc., Inc. that is dated March 30, 1989. The plat carries a note stating: “Rights of division for lots less than 21 acres are not to be affected.” The plat shows that 2.846 acres are added to Parcel 19 and 1.213 acres & 0.426 acres are subtracted from Parcel 19. The resulting acreage is 123.747. (86.54 + 36 + 2.846 –1.213 – 0.426 = 123.747) The County’s land records indicate the acreage of Parcel 19 is 122.747. The acreage and possibly the development rights of Parcels 2 through 5 must be further adjusted to account for the Deed of Exchange of record in Deed Book 1043, page 258. This transaction had no effect on the legal status or the development rights of the parcels that comprise Parcel 19.

 

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 these tracts may create as many parcels containing a minimum of 21 acres as they have 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: Sketched location of Parcels 1 -5 on 1979 Tax Map.

 

 

Parcel numbers shown on attached 1979 tax map

TM-P

Acreage

Division rights for 21 acre minimum parcels

Development rights

1

TM 74-19

86.54

3

5

2

TM 74-19    #1

31 – x

0

5

3

TM 74-19    # 2

7

0

3

4

TM 74-19    #3

9 – (14 – x)

0

To be based on acreage established by survey

5

TM 74-19    #4

3

0

1

6

TM  74-20

9

0

4

 

 

 

 

 

 

 

 

 

 

 

 

Return to consent agenda

Return to regular agenda