November 4, 2005

 

Paul and Julia Given

P.O. Box 294 Batesville, VA 22924

Afton, VA 22920

 

RE: OFFICIAL DETERMINATION OF DEVELOPMENT RIGHTS- Tax Map 97, Parcel 19 (Property of Paul and Julia Given) Section 10.3.1

 

Dear Mr. and Ms. Given:

 

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 97, Parcel 19 is comprised of three separate parcels. Parcel 1 contains 118 acres and five (5) development rights. Parcel 2 contains 40 acres and five (5) development rights. Parcel 3 contains 3.3 acres and one (1) development right. The approximate location of these parcels of the parcels is sketched on the tax map and enclosed. The actual location of the parcels must be determined by survey. The basis for this determination is provided below.

 

Our records indicate Tax Map 97, Parcel 19 contains 161.300 acres and one dwelling. The property is not in an Agricultural and Forestal District. The most recent deed for this property is recorded in Deed Book 2181, page 674. 

 

This analysis begins with the deed recorded in Deed Book 146, page 457 and dated July 14, 1911. This deed conveyed two tracts or parcels from W. G. Moran & Eva J. Moran and J. M. Thorniley & Columbia Thorniley to Frederick H. Schroder and described as follows:.

 

The first of the tracts is described as containing 118 acres and further described by metes and bounds and by reference to Deed Book 141, page 160.

 

The second of the tracts is described as containing about 40 acres and further described by metes and bounds and by reference to Deed Book 141, page 161.

 

These parcels are shown on a sketch among the records in the Real Estate Department. This deed established the 118-acre parcel and the 40-acre parcel as separate parcels of record.  

 

Deed Book 164, page 59, dated October 31, 1916 conveyed 3.3 acres from W. A. Curd & Louise Curd to Frederick H. Schroder. The property is described by reference to Deed Book 148, page 293 and is shown on a plat attached to the deed.  County real estate records show that this parcel was divided from what is now designated as Parcel 17 on Tax Map 97. This deed established the 3.3-acre parcel is a separate parcel of record.

 

The most recent deed for this parcel recorded prior to the adoption of the Zoning Ordinance, December 10, 1980, is recorded in Deed Book 435, page 393

and is dated October 6, 1967. This deed conveyed a one half undivided interest in three certain tracts of land from Anne H. May to Anne M. Wetherill and Philip S. May. The property is described, in part, as follows:

 

FIRST: Those two certain tracts containing118 acres and 40 acres respectively conveyed by the deed of record in Deed Book 146, page 457.

 

SECOND: That certain tract containing 3.3 acres conveyed by the deed of record in Deed Book 164, page 59.

 

On the basis of this deed the 40-acre parcel had five (5) development rights, the 118-acre parcel has five (5) development rights and the 3.3-acre parcel had one (1) development right when the Zoning Ordinance was adopted.

 

Deed Book 1978, page 661, dated July 11, 2000, conveyed a one half undivided interest in two parcels from Philip S. May to Edward B. Wetherill. These three parcels, containing 40 acres, 118 acres and 3.3 acres are the same parcels that were described in Deed Book 435, page 393. This deed had no effect on the development rights of the three parcels.

 

Deed Book 2181, page 674, dated April 10, 2002, conveyed three tracts of land from Edward B. Wetherill to Paul Given and Julia Given. The deed notes that the Grantor acquired the property by the will of Anne May Wetherill. The property is described by reference to Deed Book 1978, page 661. This deed had no effect on the development rights of the three parcels.

 

This parcel is 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 to the development right lots, a “parent parcel” may create as many 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 $120.00.  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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