July 6, 2006

 

Brian S. Ray, LS

1717-1B Allied Street

Charlottesville, VA 22903

 

RE: OFFICIAL DETERMINATION OF PARCELS AND DEVELOPMENT RIGHTS -- Tax Map 64, Parcel 1 (Property of Joshua A. Popkin or Ellen Louise Popkin) Section 10.3.1

 

Dear Mr. Ray:

 

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 64, Parcel 1 is comprised of two separate parcels identified as follows.

 

  1. The residue of Tract 1, shown on the plat recorded in Deed Book 152, page 400, has (5) development rights.

 

  1. The residue of Tract 2, shown on the plat recorded in Deed Book 152, page 400, has five (5) development rights.

 

The basis for this determination follows. 

 

Our records indicate Tax Map 64, Parcel 1 contains 238.670 acres and no dwellings. The property is not in an Agricultural and Forestal District. The most recent recorded instrument for this property is recorded in Deed Book 3122, page 381.

 

This analysis begins with the deed of record in Deed Book 152, page 398 that is dated September 1, 1910. The deed conveyed 203.37 acres from Robert A. Edwards & Laura B. Edwards and R. H. Wood, Commissioner to W. M. Preddy. The deed contains a plat that shows a 521-acre property divided into 3 parcels. Lot No. 1 contains 214 acres, Lot No. 2 contains 104 acres and Lot No. 3 contains 203 37/160 acres. Lot No. 3 is now designated as Parcel 19 on Tax Map 64. Tax Map 64, Parcel 1 contains the residue of Lot Nos. 1 and 2. As a result of this transaction Pea Patch farm consists of the residue Lot Nos. 1 and 2.

 

Deed Book 165, page 262, dated December 8, 1916, conveyed property originally containing 520 acres from R. H. Wood, Special Commissioner, C. H. Mundy and E. M. Mundy to R. A. Edwards. The land is described as that shown on the plat of record in

Deed Book 152, page 400 with the exception of the portions conveyed by the following deeds.

 

Deed Book 141, page 251, which contains a plat showing a tract of 38 acres that is now designated as Parcel 28A on Tax Map 47.

 

Deed Book 148, page 303, which contains a plat showing a tract of 15.4 acres that is now designated as Parcel 47B on Tax Map 48.

 

Deed Book 152, page 398, which contains a plat showing the 3 tracts described here.

 

Deed Book 161, page 247 which contains a plat showing a tract of 13.2 acres that is now designated as Parcel 47 on Tax Map 64.

 

As a result of this transaction Lot No. 1 is calculated to contain 147.4 acres. [214 (38 + 15.4 + 13.2) = 147.4]

 

Deed Book 209, page 486 dated May 19, 1930, conveyed 14.4 acres from Robert A. Edwards and Laura Belle Edwards to Gidie M. Wright. The property is described as being a portion of Pea Patch Farm and is shown on a plat that is attached to the deed. This lot is now designated as Parcel 35A on Tax Map 63. The 4 parcels containing 38 acres, 15.4 acres, 13.2 acres and 14.4 acres described herein were portions of Tract No. 1. As a result of this transaction Lot No. 1 is calculated to contain 133 acres. [147.4 - 14.4 = 133 acres]

 

Deed Book 222, page 139, dated February 10, 1934, conveyed 236 acres from R. A. Edwards and Laura Belle Edwards to Samuel Morris. The property is described as being a part of Pea Patch Farm and as being the same land as was conveyed by the deed in Deed Book 165, page 262. This property is comprised of the residue of Lot No. 1 containing an estimated 133 acres and Lot No. 2 containing 104 acres. [133 + 104 = 237]

 

Deed Book 358, page 416, dated May 13, 1960, conveyed 236 acres from Samuel Morris and Polly J. Morris to Renata Tosti Noc. The property is described as being the same land as was conveyed by Deed Book 222, page 139. This transaction had no effect on the parcels.

 

Deed Book 391, page 223, dated July 10, 1963, conveyed 236 acres known as Pea Patch Farm from Renata Tosti Noc to Audrey Emery. The property is described as being the same land as was conveyed by Deed Book 358, page 416. This transaction had no effect on the parcels.

 

The most recent instrument for this parcel recorded prior to the adoption of the Zoning

Ordinance, December 10, 1980, is recorded in Deed Book 438, page 63, and is dated September 21, 1967. The deed conveyed 236 acres known as Pea Patch Farm from Audrey Emery to Ethan Emery. The property is described as being the same land as

was conveyed by Deed Book 391, page 223. Based on this deed, Tax Map 64, Parcel 1 is determined to be comprised of 2 separate parcels; the residue of Tract #1, containing 133 acres and 5 development rights and Lot 2 containing 104 acres and 5 development rights.

 

Deed Book 1335, page 471, dated March 26, 1993, conveyed 236 acres by quitclaim from Rose Burks Emery to Ethan Emery. The property is described as being the same as was conveyed by Deed Book 438, page 63. This transaction had no effect on the parcels.

 

Deed Book 1386, page 518, dated February 17, 1994, conveyed 5.88 acres from Ethen Emery to Carl L. Lindstrom & Althea J. Lindstrom and C. Timothy Lindstrom & Jessica Andrus Lindstrom. The property is shown on a plat by Roger Ray & Assoc. revised on February 18, 1994. Parcel A was added to Tax Map 64, parcel 2K. No development rights were conveyed with the land. The plat notes that the residue of Tax Map 64, Parcel 1 contains 230.4 +/- acres. The 5.88-acre piece is described as a portion of the property that was conveyed by the deed of record in Deed Book 438, page 63. It is a portion of the original Tract #2. This transaction had no effect on the development rights of the subject parcels.

 

Deed Book 1434, page 451, dated September 21, 1994, conveyed 3.00 acres from Ethen Emery to Carl L. Lindstrom & Althea J. Lindstrom and C. Timothy Lindstrom & Jessica Andrus Lindstrom. The property is shown on a plat by Roger Ray & Assoc. dated August 1, 1994. Parcel X was added to Tax Map 64, parcel 2K. No development rights were conveyed with the land. The plat notes that the residue of Tax Map 64, Parcel 1 contains 227.4 +/- acres. The 3.00-acre piece is a portion of the original Tract #2. This transaction had no effect on the development rights of the subject parcels.

 

Deed Book 1603, page 122, dated February 18, 1997, conveyed an estimated 228 acres from Ethan Emery to Joshua A. Popkin. The property is described as being the same as was conveyed by Deed Book 438, page 63 after the off conveyance of 2 small pieces by deeds in Deed Book 1386, page 518 and Deed Book 1434, page 451. This transaction had no effect on the development rights of the subject parcels.

 

Deed Book 3122, page 381, dated December 12, 2005, conveyed 228.27 acres from Joshua Popkin to Joshua Popkin and Ellen Louise Popkin. The property is described as being the same as was conveyed by the deed of record in Deed Book 1603, page122. This transaction had no effect on the development rights of the subject parcels.

 

Deed Book 3192, page 686 contains a Certificate of Plat. The survey by Roger W. Ray, Assoc. shows the property of Joshua Popkin and Ellen Louise Popkin by Deed Book 3122, page 381. The survey shows the location of the Old Lot 1 and Old Lot 2 described by reference to Deed Book 152, page 400. This plat notes that the parcel contains 238.67 acres. This transaction had no effect on the development rights of the subject parcels.

 

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 parcel 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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