August 17, 2005

 

Peter Thomas

2430 Lake Albemarle Road

Charlottesville, VA 22901

 

RE: OFFICIAL DETERMINATION OF DEVELOPMENT RIGHTS AND PARCELS- Tax Map 41, Parcel 50 (Property of C. W. McNeely, III) Section 10.3.1

 

Dear Mr. Thomas:

 

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 41, Parcel 50 is comprised of two separate parcels.  One contains 41.177 acres and three (3) development rights. The other contains 1.96 acres and one (1) development right. The approximate location of these parcels is sketched on the enclosed survey. The basis for this determination is summarized as follows:

 

Our records indicate Tax Map 41, Parcel 50 contains 43.137 acres and one dwelling. The property is not in an Agricultural Forestal District. The most recent recorded instrument for this property is recorded in Deed Book 757, page 528.              .

 

This analysis begins with the deed of record in Deed Book 244, page 531. This deed, dated October 21, 1939, conveyed 58.2 acres from Willie A. White to J. Curtis Ballard & Ella P. Ballard. The property is shown on a plat by Hugh F. Simms, S.A.C., dated October, 1939.

 

Deed Book 248, page 304, dated September 19, 1940, conveyed 1.96 acres from J. Curtis Ballard & Ella P. Ballard to Sinclair C. Ballard, William H. Ballard and Willis P. Ballard. The property is described as being a portion of the 58.2-acre tract conveyed by the deed of record in Deed Book 244, page 531. The 1.96-acre lot is shown on a plat by M.M. Van Doren. This deed established both the 1.96-acre lot and the 56.24-acre residue as parcels of record per Section 10.3.

 

Deed Book 248, page 305, dated November 18, 1940, conveyed 56.24 acres from J. Curtis Ballard & Ella P. Ballard to Sinclair C. Ballard. The property is described as being the same as was conveyed by the deed of record in Deed Book 244, page 531, except for 1.96 acres conveyed from J. Curtis Ballard to William Ballard by the deed recorded just prior to this deed. The 1.96-acre lot is shown on a plat by M.M. Van Doren. This deed established both the 1.96-acre and the 56.24-acre lot as parcels of record per Section 10.3.

 

Deed Book 311, page 591, dated March 10, 1954, conveyed 56.24 acres from Sinclair C. Ballard and Virginia C. Ballard to themselves as tenants by the entireties. This is the same land as was conveyed by the deed of record in Deed Book 248, page 305. This transaction had no effect on the legal status of the parcels.

 

Deed Book 452, page 450, dated December 16, 1968, conveyed 40.81 acres from Sinclair C. Ballard and Virginia C. Ballard to Maria Theresa Miller. The land is described as being all of a tract containing 30.21 acres and a portion of the land conveyed to Sinclair Ballard described by reference to deeds recorded in Deed Book 248, page 305 and Deed Book 311, page 591. This portion is calculated to contain 10.6 acres. The property is shown on a plat by Warren F. Wade, dated November 23, 1968. As a result of this transaction the subject parcel contained 45.64 acres. 58.2 1.96 = 56.24 10.6 = 45.64. This transaction had no effect on the legal status of the parcels.

 

Deed Book 472, page 204, dated May 4, 1970, conveyed 1.96 acres from William H. Ballard, Agnes V. Ballard and others to Sinclair C. Ballard and Virginia Ballard. The parcel is described by reference to Deed Book 248, page 304. This transaction had no effect on the legal status of the parcel.

 

Deed Book 472, page 206, dated May 19, 1970, conveyed 116.30 acres from Sinclair C. Ballard and Virginia C. Ballard to John G. Strong. The property is described as containing 4 contiguous parcels. Parcel #1 is described by reference to Deed Book 248, page 305, Deed Book 311, page 591 and Deed Book 452, page 450. This is the 45.64-acre portion of Tax Map 41, Parcel 50. Parcel # 4 is described as a tract of land conveyed to the Grantor by the deed recorded immediately in advance of the present deed. This is the 1.96-acre portion of Tax Map 41, Parcel 50.The entire property is shown on a plat by Warren F. Wade, C.L.S., dated November 23, 1968. This transaction had no effect on the legal status of the parcel.

 

The most recent deed for this parcel recorded prior to the adoption of the Zoning Ordinance, December 10, 1980, is recorded in Book 598, page 269, dated June 18, 1976. This deed conveyed 116.30 acres from C. G. Gentry and Ethel Irwin, Trustees under a deed of trust, to Albemarle Diversified Investments, Inc. The property is described as being the same as that conveyed by the deed of record in Deed Book 472, page 206. On the basis of this deed, Tax Map 41, Parcel 50 is determined to be comprised of two separate parcels, one containing 1.96 acres and the other containing 41.177 acres. The 1.96-acre parcel contains one (1) development right.

 

Deed Book 757, page 528, dated February 9, 1983 conveyed 43.137 acres from Albemarle Diversified Investments, Inc. to C. W. McNeely, III. The property is the residue of the 45.64 or 47.6 -acre parcel after the off-conveyance of 2 lots, containing 2.278 and 2.272 acres respectively that are shown on a plat by Robert Lum, dated January 27, 1983. The plat notes that two development rights are being used by this division and that Parcel 50 may be divided into 3 lots of less than 21 acres. The property is further described as being a portion of the property conveyed to the Grantor by the deed of record in Deed Book 598, page 269. Also attached to the deed is a survey that shows the residue, which includes the 1.96 acres created by the deed of record in Deed Book 248, page 204, contains 43.137 acres.  It is determined that the boundary survey attached to this deed did not combine the 1.96-acre parcel and the 41.177-acre residue. On the basis of this deed and plat, the 41.177-acre portion of Tax Map 41, Parcel 50 is determined to contain three development rights.

 

41.177 + 1.96 + 2.278 + 2.272 + 10.6 = 58.287

 

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
 

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