November 10, 2005

 

Alice Nye Fitch

500 Westfield Road

Charlottesville, VA 22901

 

CORRECTED LETTER

 

RE: OFFICIAL DETERMINATION OF DEVELOPMENT RIGHTS- Tax Map 20, Parcel 3A and 3C7 (Property of Eleanor C. Godsey, Trustee) Section 10.3.1

 

Dear Ms. Fitch:

 

This letter replaces the letter dated November 3, 2005. This letter corrects the address and the addressee.

 

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 the property designated as Tax Map 20, Parcel 3A7 and 3A is actually one parcel of land with a total of two (2) development rights. The basis for this determination is provided below.

 

Our records indicate Tax Map 20, Parcel 3A contains 1.25 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 3072, page 467. 

 

Our records indicate Tax Map 20, Parcel 3C7 contains 6.924 acres and no dwellings. The property is not in an Agricultural and Forestal District. The most recent deed for this property is recorded in Deed Book 3072, page 467. 

 

This analysis begins with Deed Book 400, page 287 that is dated August 7, 1964. This deed conveyed two parcels from Robert C. Langlotz and Grace Langlotz to Mutter W. Hageman(n). The two parcels are described as follows:

 

FIRST: All that certain parcel containing 77.88 acres on the northwest side of Route 743 all in Albemarle County. It is further described as being the same parcel that was conveyed to the Grantors by the deed of record in Deed Book 313, page 438.

 

Second: All that certain parcel containing 31 acres on the northeast side of Route 743 located partly in Greene but predominantly in Albemarle County. It is further described as being the same parcel that was conveyed to the Grantors by the

deed of record in Deed Book 317, page 273. The subject of this determination is a portion of this 31-acre parcel.

 

This deed established the portion of the 31-acre tract that is located in Albemarle County and the 77.88-acre tract as separate parcels of record as defined in the Zoning Ordinance.

 

Deed Book 464, page 105, dated September 9, 1969, and recorded on September 26, 1969, conveyed 108.75 acres from Mutter W. Hagemann and James A. Hagemann to Leroy C. Petty. The property is described as being the same property conveyed to Mutter W. Hagemann by the deed of record in Deed Book 400, page 287. The property is shown on a plat by Warren S. Wade dated September 8, 1969. The plat designates the portion in Albemarle, containing 102.10 acres as Parcel A. The portion in Greene County, containing 6.65 acres, is designated as Parcel B.

 

This deed also conveyed a life estate to Obert R. Davis with the remainder to Leroy C. Petty, described as “all that certain tract or parcel of land on which is situated the residence of Obert R. Davis and the curtilage of approximately one (1) acre, together with a right of right of ingress and egress from the State Highway, which property was acquired by the parties of the first part as aforesaid.”

 

It is determined that the reference to Deed Book 400, page 287 preserved the separate identities of the 77.88-acre parcel and the 32-acre parcel.

 

It is further determined that the life estate for Obert R. Davis did not establish the undefined1-acre tract as a separate lot of record. The Zoning Ordinance as amended on April 17 and May 15, 1969 required that a lot in the A-1 District contain a minimum of two acres. Since this approximately 1-acre life estate contains less than 2 acres and was not shown on the September 8, 1969 Warren Wade plat it does not meet the definition of a lot of record. The definition is provided below.

 

 Lot of record: The term “lot of record” means a lot shown on a subdivision plat or other lawful plat or legal description which is lawfully recorded in the Clerk's Office of the Circuit Court of Albemarle County, Virginia. (Amended 6-14-00)

 

Deed Book 485, page 506, dated April 1, 1971, conveyed 108.75 acres from Leroy C. Petty and Virginia B. Petty to William L. Hanaway. The property is described as being the same as was conveyed by the deed of record in Deed Book 464, page 105. This deed further notes that the property is subject to the life estate granted to Obert R. Davis in said deed. This transaction had no effect on the legal status of the subject property.

 

Deed Book 516, page 243, dated October 9, 1972, conveyed three parcels from acres from William L. Hanaway and Nell P. Hanaway to Ray L. Leake and Mary V. Leake. The parcels are described, in part, as follows:

 

One: 1-1/2 acres located at the intersection of Route 743 and Route 605. This lot is designated as Parcel 4 on Tax Map 20. It is not a subject of this determination.

 

Two: 107.59 acres located on both side of Route 743 and as being the same property as was conveyed by the deed of record in Deed Book 485, page 506. The deed references the sale of 1.16 acres from the original tract to William L. Hanaway as a right of way in an Exchange Deed of May 24, 1971. The deed reference in not provided. The 1.16-acre parcel was added to T.M. 20 - 3C5 that is located on the west side of Route 743. This transaction had no effect on the legal status of the subject property.

 

Three: 11.48 acres near the Greene County line. This is shown on a plat of record in Deed Book 489, page 274. This parcel is a portion of T.M. 20 – 2 that is located on the west side of Route 743. This transaction had no effect on the legal status or development rights of the subject property. It is not a subject of this determination.

 

Deed Book 524, page 379, dated February 16, 1973, clarified the right, title and interest Obert R. Davis may have had in the life estate conveyed to him by the deed of record in Deed Book 464, page 105. This deed notes that neither the metes and bounds of said 1-1/4 acre life estate nor the location of the right of way were contained in said grant. This deed established that the life estate existed on the property on the east side of Route 743 and eliminated any claim of the life estate on property on the west side of Route 743. This deed supports the finding that the life estate was not established as a separate platted parcel. This transaction had no effect on the legal status of the subject property.

 

The most recent deed for this parcel recorded prior to the adoption of the Zoning Ordinance, December 10, 1980, is recorded in Deed Book 525, page 376 and is dated March 5, 1973. This deed conveyed 32 acres from Ray L. Leake and Mary V. Leake to Roie M. Godsey and Eleanor C. Godsey. The property is described as the portion of Parcel A on the plat by Warren Wade, located on the eastern side of Route 743 and all of Parcel B, containing 6.65 acres. The deed contains a reference to the deed dated February 16, 1973 and recorded in Deed Book 524, page 379 for a more complete description of the real estate hereby conveyed. On the basis of this deed, the portion

of the 32-acre parcel that is located in Albemarle County is one (1) parcel of record with five (5) development rights. The tax map identified the 1-acre life

estate as Parcel 3A. This was for tax purposes only. The numbered tax parcel did not and can not establish a life estate as a parcel of record.

 

Deed Book 899, page 688, dated August 18, 1986, conveyed 22.332 acres from Roie M. Godsey and Eleanor C. Godsey to Vernon H. Baker and Virginia L. Baker. The land that was off-conveyed is shown as Parcel B on a plat by Wm. Morris Foster. The deed notes that approximately 6.9 acres of the property is located in Greene County and that this is a portion of the land conveyed by the deed of record in Deed Book 525, page 376. The plat assigned 3 development rights to Parcel B, containing 22.332 acres and 2 development rights to Parcel A containing 6.924 acres. The plat notes that Parcel A, the subject of this determination, is to be added and become part of T.M. 20 – 3A, shown to contain 1.25 acres. On the basis of this deed, Parcel A, containing 6.924 acres and T.M. 20-3A are determined to be one parcel with a total of two (2) development rights.

 

Deed Book 1435, page 79, dated September 20, 1994, conveyed 8.174 acres from Roie M. Godsey and Eleanor C. Godsey to Eleanor C. Godsey, Trustee under Declaration of Trust dated September 8, 1994. The property is described as two parcels of land to be combined together as shown on the plat by Morris Foster. The property is further described by reference to Deed Book 899, page 691 and Deed Book 525, page 376. This transaction had no effect on the legal status or development rights of the subject property.

 

Deed Book 3072, page 467, dated September 12, 2005, contains a deed of release in which Obert R. Davis conveyed his life estate to Eleanor C. Godsey. The land is identified as that conveyed by the deed of record in Deed Book 464, page 105 and described as a 1.25-acre portion of land affecting TMP 20-3C7 and 3A. This transaction had no effect on the legal status or development rights of the subject property.

 

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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