April 26, 2005

 

Agnes Shiflett

7620 Mission Home Road

Free Union VA 22940

 

RE: OFFICIAL DETERMINATION OF DEVELOPMENT RIGHTS AND PARCELS- Tax Map 56, Parcel 1 and Tax Map 55, parcel 47 (Property of Agnes Shiflett and Chester C. Shiflett) Section 10.3.1

 

Dear Ms. Shiflett:

 

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 56, Parcel 1 is comprised of three (3) separate parcels of record as shown on the attached plat by Old Albemarle Surveying. The 24.77-acre parcel has five development rights. The 3.83-acre parcel has one (1) development right. The 1.11 acre- parcel has one (1) development right. Tax Map 55, Parcel 47 is a separate parcel of record with one (1) development right. The basis for this determination is summarized as follows:

 

Our records indicate Tax Map 55, Parcel 47 contains 1.28 acres and no dwellings. The property is not in an Agricultural Forestal District. The most recent recorded instrument for this property is recorded in Deed Book 218, page 283.

 

Our records indicate Tax Map 56, Parcel 1 contains 30.00 acres and 1 dwelling. The property is not in an Agricultural Forestal District. The most recent recorded instrument for this property is recorded in Deed Book 217, page 18.

 

Tax Map 55, Parcel 47

 

The most recent instrument for this parcel recorded prior to the date of adoption of the Albemarle County Zoning Ordinance, (December 10, 1980) is in Deed Book 218, page 283 and is dated December 29, 1932. This deed conveyed 1.45 acres from Samuel H. Dawson and Kate O. Dawson to A. C. Shiflett. The parcel is described as being the same conveyed to Samuel H. Dawson by John R. Thurston by the deed of record in Deed Book 161, page 179. Reference is made to that deed for a metes and bounds

description of said land and a plat of the same therewith recorded. The plat of record in Deed Book 161, page 180 is in the file. On the basis of this deed and plat it is determined that the 1.45-acre parcel, now identified as Tax Map 55, Parcel 47, is a parcel of record with one (1) development right.

 

Tax Map 56, Parcel 1

 

This analysis begins with Deed Book 105, page 133, dated March 23, 1896. This deed conveyed 36 7/8 acres from Amanda M. Gardner to John R. Thurston. The property is shown on a plat by J. F. E. Simms, County Surveyor. A portion of this property located north of Route 789, containing 1.11 acres according to the plat by Old Albemarle Surveying dated December 31, 2004, is now a portion of Parcel 1.

 

Deed Book 105, page 136, dated March 23, 1896, conveyed 25 acres from Amanda M. Gardner to Thomas W. Thurston. The property is shown on a plat by J. F. E. Simms, County Surveyor. This deed and plat established the 25.25-acre parcel as a parcel of record.

 

Deed Book 133, page 219, dated October 30, 1903, conveyed 8 acres from Amanda M. Gardner to John R. Thurston and Thos. W. Thurston. The property is shown on a plat by the County Surveyor that is attached to the deed.

 

Deed book 138, page 444, dated October 29, 1908, conveyed 4 acres from John. R. Thurston and Thomas W. Thurston to Thomas W. Thurston and Maggie B. Thurston. The property is described as being a portion of the 8 acres conveyed by the deed of record in Deed Book 133, page 219. The deed contains a plat that divided the 8-acre parcel into two 4-acre lots. This deed and plat established each of the 4-acre parcels as parcels of record. Lot No. 2 now contains 3.83 acres according to the plat by Old Albemarle Surveying dated December 31, 2004, and is now a portion of Parcel 1.

 

Deed Book 138, page 438, dated November 14, 1908, conveyed 1 acre from John R. Thurston and Ella J. Thurston to R. H. Jones. The property is described as being a portion of the land conveyed to John R. Thurston by the deed of record in Deed Book 105, page 133. It is further described as being bounded on the South by Buck Mountain Road and on the North, East and West by the 25.25-acre tract conveyed by the deed of record in Deed Book 105, page 136.This parcel is depicted as a portion of T.M. 56- P.1, containing 1.11 acres on the survey by Old Albemarle Surveying, dated December 31, 2004. This deed established the 1-acre parcel as a parcel of record

 

Deed Book 138, page 439, dated October 30, 1908, conveyed two tracts of land from Thomas W. Thurston and Maggie B. Thurston to R. H. Jones. The first is described as being the same land containing 25.25 acres and conveyed by the deed of record in Deed Book 105, page 136. The first is described as being the same land containing 4 acres and conveyed by the deed of partition dated October 29, 1908. This deed had no effect on the legal status of these two separate parcels of record.

 

Deed Book 150, page 195, dated September 5, 1912, conveyed three tracts from R. H. Jones and Helen M. Jones to S. H. Dawson. The land is described as all those certain tracts or parcels containing about 30 acres and is further described in part, as follows: First: 25.   acres shown on a survey by J.T.E Simms. Second: 4 acres conveyed by the deed of record in Deed Book 138, page 439. Third: 1 acre conveyed by the deed of record in Deed Book 138, page 438. This deed had no effect on the legal status of the three separate parcels of record.

 

Deed Book 215, page 36, dated October 19, 1931, conveyed 30 acres from H. W. Walsh and Lyttelton, Trustees to E. H. Copenhaver, Receiver for Bank of Crozet. The land is described as being the same land conveyed to S. H. Dawson by the deed of record in Deed Book 150, page 195.  This deed had no effect on the legal status of the three separate parcels of record.

 

The most recent instrument for this parcel recorded prior to the date of adoption of the Albemarle County Zoning Ordinance, (December 10, 1980) is in Deed Book 217, page 18 and is dated July 2, 1932. This deed conveyed 30 acres from E. H. Copenhaver, Special Commissioner and Receiver for the Bank of Crozet to A. C. Shiflett and Theresa A. Shiflet. The deed references the deed recorded in Deed Book 215, page 36 for greater certainty of description. On the basis of this deed the three parcels described above and shown on the attached plat by Old Albemarle Surveying are parcels of record with development rights as follows: The 3.83- acre parcel contains one (1) development right. The 1.11-acre parcel contains one (1) development right. The 24.77-acre parcel contains five (5) development rights.

 

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

 

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