July 13, 2005

 

Linda Lloyd

6145 Firefly Court

Schuyler, VA 22969

 

RE:  OFFICIAL DETERMINATION OF DEVELOPMENT RIGHTS AND PARCELS- PORTION of Tax Map 126, Parcel 21 (Property of Mitchell O. Carr) Section 10.3.1

 

Dear Ms. Lloyd:

 

The County Attorney and I have reviewed the title information for a portion of the above-noted property. This determination is limited to the portions of Tax Map 126, Parcel 21 that are described below.  It is the County Attorney's advisory opinion and my official determination that the parcels listed below are portions of Tax Map 126, Parcel 21 and are separate legal parcels of record.

 

Portion #1, containing 3.993 acres, consists of two separate parcels shown on the attached sketches.

 

  1. The residue of the original Burton parcel containing 4.33 acres and two development rights.

 

  1. The residue of the original King and Copeland Parcel containing 0.5 acres and one development right.

 

Portion #2, containing 34 acres, consists of the residues of three separate parcels that resulted from the creation of a 130.104-acre parcel shown on a plat by Kurt Gloeckner dated July 20, 1976. The plat is attached. The number of development rights associated with these parcels is based on the acreage which must be determined by survey.

 

  1. The residue of the original 7.5-acre Currier parcel.

 

  1. The residue of the original 50-acre Elsom parcel.

 

  1. The residue of the original 41-acre Elsom parcel.

 

The basis for this determination follows.

 

Portion #1: The residues of tracts originally containing 4.33 acres & .5 acres

 

Our records indicate Tax Map 126, Parcel 21 contains 258.692 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 1041, page 347.

 

This portion of Parcel 21 was acquired by S. Vance Wilkins, Jr. by the deed of record in Deed Book 759, page 23.

 

This determination begins with the deed of record in Deed Book 135, page 330 that is dated May 23, 1907. This deed conveyed 4 1/3 acres from John D. Burton and Mary S. Burton to the Old Dominion Soapstone Corporation. The property is shown on a plat that is part of this deed. On the basis of this deed, this 4.33-acre parcel is determined to be a parcel of record as defined in section 10.3.

 

Deed Book 135, page 331, dated, dated May 25, 1907, conveyed 1/2 an acre from Cynthia King and Carrie Copeland to the Old Dominion Soapstone Corporation. The property is shown on a plat that is part of this deed. On the basis of this deed, this 0.5-acre parcel is determined to be a parcel of record as defined in section 10.3.

 

The most recent deed for the 4.33-acre parcel recorded prior to the date of adoption of the Albemarle County Zoning Ordinance (December 10, 1980) is recorded in Deed Book 602, page 225. This deed, dated August 9, 1976, conveyed three parcels of land from the Georgia Marble Company to Mitchell O. Carr, party of the second part and S. Vance Wilkins, party of the third part.  Parcel 3 contains 520.21 acres and is comprised of 18 separate parcels. Of these, number 10 is described as being all that property lying north of Route 6 described in deed dated May 23, 1907, from John D. Burton and wife to Old Dominion Soapstone Corporation recorded in Deed Book 135, page 330. This transaction had no effect on the legal status of this parcel.

 

Deed Book 602, page 262, dated August 2, 1976, conveyed many parcels of land from The Georgia Marble Company to Industrial Development Authority of Nelson County and Shirley Vance Wilkins, Jr. Among these were Parcels 7 & 8. Parcel 7 is described as containing 0.5 acres and further described as being the same property that was conveyed by the deed of record in Deed Book 135, page 331. Parcel 8 is described as containing 4.33 acres and is further described as being the same property that was conveyed by the deed of record in Deed Book 135, page 330.  On the basis of this deed, 0.5-acre parcel and the 4.33-acre parcel are each determined to be a lots of record. The 4.33-acre parcel has two (2) development rights. The 0.5-acre parcel has one (1) development right.  Although the 4.33-acre parcel is physically separated by Route 6 it is not legally separated.  It is a single lot of record.

 

Deed Book 759, page 23, dated March 17, 1983, conveyed several tracts from the Industrial Development Authority of Nelson County to S. Vance Wilkins, Jr. Among these tracts was Parcel 7, described, in part, as containing 0.5 acres and being the same land as was conveyed by the deed of record in Deed book 135, page 331 and Parcel 8, described, in part, as containing 4.33 acres and being the same land as was conveyed by the deed of record in Deed book 135, page 330. This transaction had no effect on the legal status or development rights of these two parcels.

 

The applicant has noted that these two parcels are shown as part of Parcel 21, owned by Mitchell Carr but were acquired by S. Vance Wilkins by Deed Book 759, page 23. This discrepancy has no effect on this determination. We understand that this matter is being resolved.

 

Portion #2: 34 acres, a portion of T.M. 126-21 located northwest of Parcel 21B.

 

This determination begins with the deed of record in Deed Book 129, page 213 that is dated July 19, 1904. This deed conveyed 7.5 acres from J.B. Currier & Alice Currier and T.F. Currier & Fannie Currier to the Old Dominion Soapstone Corporation. The property is shown on a plat by J.T.E. Simms that is part of this deed. On the basis of this deed, this 7.5-acre parcel is determined to be a parcel of record as defined in section 10.3.

 

Deed Book 129, page 214, dated September 8, 1904, conveyed 50 acres from George N. Elsom and Georgianna Elsom to the Old Dominion Soapstone Corporation. The property is shown on a plat by J.T.E. Simms that is part of this deed. On the basis of this deed, this 50-acre parcel is determined to be a parcel of record as defined in section 10.3.

 

Deed Book 132, page 355, dated February 27, 1906, conveyed 2 tracts of land from Thomas V. Elsom & Lutie A. Elsom and A. E. Elsom to the Old Dominion Soapstone Corporation. One of the tracts contained 41 acres and the other contained 103 acres. The two parcels are shown on a plat by J.T.E. Simms that is part of the deed. A portion of the 41 acre parcel is contained within the portion of Parcel 21 that is located northwest of Parcel 21B. On the basis of this deed, this 41-acre parcel and this 103.75-acre parcel are each determined to be parcels of record as defined in section 10.3.

 

Deed Book 549, page 134, dated April 15, 1974, conveyed 0.64 acres from Georgia Marble Company to the Trustees of the Centenary Methodist Church. The parcel is shown on a plat approved by the Board of Supervisors and dated October 2, 1972. The Church parcel contained a total of 1.33 acres. This land is a portion of the 41 acre parcel shown on the plat of record in Deed Book 132, page 356. As a result of this transaction, the parcel contained an estimated 39.67 acres. This transaction had no effect on the legal status or development rights of the parcel.

 

Deed Book 602, page 225 dated August 9, 1976, conveyed three parcels of land from the Georgia Marble Company to Mitchell O. Carr, party of the second part and S. Vance Wilkins, party of the third part.  Parcel 3 contains 520.21 acres and is comprised of 18 separate parcels. Of these, #18 is described as being the property conveyed by J. B. Currier [7.5 acres] to Old Dominion Soapstone Corporation recorded in Deed Book 129, page 213. # 4 is described as being the property conveyed by George N. Elsom [50 acres] to Old Dominion Soapstone Corporation recorded in Deed Book 129, page 214.

# 7 is described as being the property conveyed by Thomas V. Elsom [41 acres] to Old Dominion Soapstone Corporation recorded in Deed Book 132, page 335. This transaction had no effect on the legal status or development rights of the 7.5-acre parcel, the 50-acre parcel or the 41-acre parcel.

 

Deed Book 602, page 262, dated August 2, 1976 conveyed several parcels from The Georgia Marble Company to The Industrial Development Authority of Nelson County and Shirley Vance WIlkins, Jr., Contract Purchaser. This deed contains a plat on pages 302 and 303 by Kurt Gloeckner, dated July 20, 1976, which created a 130.104-acre parcel from several portions of tracts owned by the Georgia Marble Company. This plat served to divide several of the original tracts that comprised Parcel 21. As a result of this transaction, the 34-acre portion of Parcel 21 consists of the residues of three separate parcels described above; the 7.5-acre parcel, the 50-acre parcel and the 41-acre parcel. Each of these three separate residues is determined to be a separate parcel of record with a full compliment of development rights. The actual number of development rights associated with these parcels must be determined by a survey that calculates the acreage.

 

The parcels are entitled to the noted development rights if all other applicable regulations can be met. These development rights may only be utilized within the bounds of the original parcels with which they are associated. 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 to the development right lots, the parcel may create as many smaller parcels containing a minimum of twenty-one acres as it has land to make.

 

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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