December 19, 2005

 

John Griffin

Zobrist Law Group

3 Boar’s Head Lane

Charlottesville, VA 22903

 

RE: OFFICIAL DETERMINATION OF DEVELOPMENT RIGHTS -- Tax Map 27, Parcel 16 (Property of Adam C. and Mary L. Wyant, Trustees of the Adam C. Wyant Revocable Trust ) Section 10.3.1

 

Dear Mr. Griffin:

 

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 27, Parcel 16 is comprised of three separate parcels that are described below and shown on an enclosed sketch.

 

Parcel 1, the residue of the 41.25 acre parcel contains an estimated 32 acres and five (5) theoretical development rights.

 

Parcel 2, the residue of the 10- acre parcel contains an unknown acreage and one (1) or two (2) theoretical development rights.

 

Parcel 3, contains an estimated 18 acres and five (5) theoretical development rights.

 

The basis for this determination follows. 

 

Our records indicate Tax Map 27, Parcel 16 contains 63.614 acres and zero dwellings. The property is not in an Agricultural and Forestal District. The most recent recorded instrument for this property is recorded in Deed Book 1617, page 162.

 

This analysis begins with the deed of record in Deed Book 84, page 307 that is dated January 13, 1885. This deed conveyed 51 ¼ acres from E. G. Proffit & Mary L. Proffit to T. E. Powers. The tract is described by metes and bounds as being located near the Village of White Hall on the north side of the Moorman’s River. A sketch in the County’s real estate files that is based on the metes and bounds set forth in this deed identifies the tract as the northern portion of Parcel 16. This tract is composed of the 41.25-acre tract and the 10-acre tract shown on the attachment labeled “Original Parcels of  Record.” It is determined that this deed established the 51.25-acre tract as a parcel of record.

 

Deed Book 116, page 353, dated February 8, 1900, conveyed a certain parcel or tract of land from W. D. Maupin to T. E. Powers.  The land is described as lying near White Hall between Moorman’s and Doyle’s rivers and according to a survey and plat made September 24, 1874 by J. R. Ferguson showing a 342 ¼ -acre tract of land. There is no deed reference for the plat. The parcel is a portion of the referenced larger tract that is described by metes and bounds. The deed notes that the quantity of land conveyed is not known. However, the County real estate records contain a sketch based on this deed. The parcel is calculated to contain18 acres. It is determined that this deed established the 18-acre tract as a parcel of record.

 

Deed Book 198, page 245, dated September 13, 1927, conveyed 3 tracts of land from T. E. Powers and M. E. Powers to Edmund T. Chapman.  Among these was the tract of land on the north side of the Moorman’s River conveyed to T. E. Powers by the deed of record in Deed Book 84, page 307. This transaction had no effect on the legal status of the 51.25-acre parcel.

 

Deed Book 216, page 457, dated June 8, 1932, conveyed two tracts from Edmond T. Chapman and Elizabeth B. Chapman to C. W. Skelton and Sallie A. Skelton.  The parcels are shown on plats attached to the deed. The 40-acre tract, located south of the Moorman’s River, is not part of the subject property. The 10-acre tract is a portion of the 51.25-acre parcel referenced above. This deed established the 10-acre tract as a parcel of record. The residue retained an estimated 41.25 acres.

 

Deed Book 221, page 11, dated October 2, 1933, conveyed 140 acres from John S. Battle and L. W. Wood, Trustees to A. K. Wyant, Jr. The land, said to contain 140 acres, lying to the west of White Hall and Brown’s Gap Road, to the north or northeast of White Hall and Sugar Hollow Road and on both sides of the Moorman’s River, except for 50 acres conveyed to C. W. Skelton by the deed of record in Deed Book 216, page 457. The deed references a deed of trust, but no book and page number, for a further description of the property. This transaction had no effect of the status of the 18-acre parcel or the 41.25-acre parcel.

 

Deed Book 274, page 227, dated June 3, 1947, conveyed two parcels from Sallie Ann Skelton to A. K. Wyant, Jr. and Irene C. Wyant. The property is described as being the same as was conveyed by the deed of record in Deed Book 216, page 457. This transaction had no effect on the legal status of the 10-acre parcel.

 

Deed Book 440, page 127, dated February 8, 1968, conveyed 79.37 acres from A. K. Wyant and Irene C. Wyant to Adam C. Wyant and Mary L. Wyant. The property is described, in part, as being all of that tract of 10 acres conveyed by the deed of record in Deed Book 274, page 227 and a portion of a tract of 140 acres conveyed by the deed of record in Deed Book 221, page 11. The property is shown on an attached plat by R. O. Snow & Associates that is dated January 25, 1968. The plat has ghost lines that indicate the location of the original tracts that are connected by hooks. Each tract is identified by deed references. The portion calculated to contain 41.25 acres is described by reference to Deed Book 221, page 11 and Deed Book 84, page 307. The portion containing 10 acres is described by reference to Deed Book 274, page 227 and Deed Book 216, page 461. The portion calculated to contain 18 acres is described by reference to Deed Book 221, page 11 and Deed Book 116, page 353. Based on these deed book references and absent any affirmative statement that it is the intention of the deed to combine the tracts, it is determined that the plat maintained the separate identities of the parcels.

 

Deed Book 536, page 638 conveyed 8.99 acres from Adam C. Wyant and Mary L. Wyant to David C. Wyant and Sandra W. Wyant. The property is described as being a portion of the tract of 79.37-acres that was conveyed by the deed of record in Deed Book 440, page 127. The parcel is shown on a plat by R. O. Snow & Associates that is revised on July 3, 1973. The plat notes that the residue contained 70.38 acres. Based on this transaction the area of the 41.25-acre parcel was reduced to a calculated 32.00 +/- acres. This transaction had no effect on the 10-acre parcel or the 18-acre parcel.

 

The most recent instrument for this parcel recorded prior to the adoption of the Zoning Ordinance, December 10, 1980 is recorded in Deed Book 548, page 480 and dated April 4, 1974. The deed conveyed 6.766 acres from Adam C. Wyant and Mary L. Wyant to Larry W. Wyant and Lorraine D. Wyant. The property is described as being a portion of the larger tract that was conveyed by the deed of record in Deed Book 440, page 127. The 6.766-acre lot is comprised of a portion of the 10-acre parcel and the 32.00 + /- acre parcel. On the basis of this deed the 63.614-acre residue is determined to be comprised of three parcels of record. The 32.00 +/- acre parcel contains five (5) development rights. The residue of the 10-acre parcel appears to have one (1) development right. The actual number is based on the acreage which must be determined by a survey. The 18 +/- acre parcel contains five (5) development rights.

 

Deed Book 1617, page 162, dated June 5, 1997, conveyed a tract from Adam C. Wyant and Mary L. Wyant to Adam C. Wyant and Mary L. Wyant, Trustees of the Adam C. Wyant Revocable Trust. The property is described as containing 79.37 acres less and except 8.99 acres and 6.766 acres both off-conveyed by the above described deeds.   This transaction had no effect on the size or on the development rights of the property.  

 

These 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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