November 6, 2006

 

Patricia C. Garnett

4201 Pagebrook Farm

Charlottesville, VA 22903

 

RE: OFFICIAL DETERMINATION OF DEVELOPMENT RIGHTS – TMP 056A1-01-00-08500 WHITE HALL MAGISTERIAL DISTRICT (Property of Josephine P. Beale Life Estate) Section 14.3

 

Dear Ms. Garnett:

 

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 56, Section 1, Parcel 85 is comprised of two (2) separate parcels of record.

 

1. Lot #2 shown on the plat recorded in Deed Book 283 on page 76.

 

2. The lot described in Deed Book 132, page 437 plus the remainder of the 1-

     acre parcel described in Deed Book 114, page 205.

 

The location of the two parcels is shown on Attachment A. The locations of the parcels described in the following deeds are shown on sketches labeled Attachments B, C and D that are enclosed with this letter. The basis for this determination follows. 

 

Our records indicate TMP 056A1-01-00-08500 contains 0.700 acres and 1 dwelling. The parcel, zoned R-2 is located in Crozet at 5854 St. George Avenue in the White Hall Magisterial District. The most recent recorded instrument for this property is recorded in Deed Book 1180, page 264.

 

This analysis begins with the deed of record in Deed Book 114, page 205 that is dated March 21, 1898. The deed conveyed one acre from Wm. C. Ballard and Nancy C. Ballard to Mollie P. Wayland, Lillie S. Wayland, Kate R. Wayland and Sudie B. Wayland. The parcel is described as follows. Beginning at a stone in the northern margin of a thirty foot road, thence along said margin 188 ½ feet to a stone; thence 244 feet to a stone in E. J. Hayden’s line and running with it 192 feet to a stone corner to Mr. Catterton and with his line 217 feet to the beginning.     

 

Deed Book 132, page 437, dated August 29, 1901, conveyed one half acre from Wm. C. Ballard to Kate R. Wayland and Sudie B. Wayland. The lot is described as follows:

Beginning at a stake on road corner to said lot thence along the same 86 ¾ feet to a stake corner of S. B. Ballard’s lot, thence with same 259 feet to a stake in the Haden line and with said line 87 feet to a stake corner to the lot heretofore purchased by Mollie B. Wayland and with the line 244 feet to the beginning, containing one half acre. On the basis of this deed the ½ acre parcel is determined to be a parcel of record.

 

Deed Book 139, page 479, dated April 19, 1919, conveyed one half acre from Mollie Wayland, Lillie S. Wayland, Kate R. Wayland and Sudie B. Day, wife of Samuel W. Day to Samuel W. Day. The lot is described as being situated on the north east side of St. George Avenue adjoining the Baptist church and the Wayland lot on St. George Avenue. This is a portion of the 1-acre parcel conveyed by the deed of record in Deed Book 114, page 205. This parcel is identified as Lot 3 on the plat recorded in Deed Book 283 on page 78 and is now identified as T.M. 56A1-01-83. This is not a subject of this determination.

 

Deed Book 279, page 406, dated June 25, 1948, conveyed a lot fronting on St. George Avenue from Harry P. Beale and Josephine P. Beale to G. Newman Harris and Beverly W. Harris.  The property is described by metes and bounds that are consistent with but not exactly in agreement with the metes and bounds of Lots 1 and 2 shown on the plat recorded in Deed book 283, page 78. It is also described as a portion of the land conveyed to the Grantors by the will of record in Will Book 37, page 278 and Will Book 38, page 100. This is a boundary adjustment between the remainder of the 1-acre parcel conveyed by the deed of record in Deed Book 114, page 205 after the off- conveyance of ½ acre to Samuel Day by the deed of record in Deed Book 139, page 479 and the ½ acre parcel conveyed by the deed of record in Deed Book 132, page 437. On the basis of this deed the ½ acre parcel described by reference to Deed Book 132, page 479 plus the remainder of the 1-acre parcel described by reference to Deed Book 114, page 205 together comprise a parcel of record. This is labeled as Parcel A on Attachment C.

 

Will Book 37, page 278 contains the will of Kate W. Johnson and Will Book 38, page 100 contains the will of Sudie W. Day. These women were sisters. Both of these wills devised to Harry Page Beale and Josephine Page Beal their respective interests in two adjoining lots, identified as SECOND and further described, in part, as follows:

 

(a)     One-half acre, more or less, being all of a tract of one acre conveyed by the deed of record in Deed Book 114, page 205 after the conveyance of a part thereof by the deed of record in Deed Book 139, page 479.

 

(b)     One-half acre conveyed by the deed of record in Deed Book 132, page 437.

 

Will Book 38, page 100 devised unto Conway W. Smith the house and lot on St. George Avenue identified as THIRD which lies between the above mentioned home property on the west and by the Baptist Church Property on the east.

 

Deed Book 283, page 76, dated December 28, 1948, contains a deed of exchange between Harry P. Beale and Josephine P. Beale, parties of the first part and G. Newman Harris and Beverly W. Harris, parties of the second part. The parties of the first part conveyed Lot 1 to the parties of the second part. Lot 1 is shown and described on a plat by Hugh F. Simms and Son, C.L.S. dated December, 1948. The parties of the second part conveyed Lot 2 to the parties of the first part as shown on the aforesaid plat. The plat also shows a Lot #3 that is described as being proposed to be sold to Frank Patterson and by metes and bounds. The acreages of these three parcels are not provided on the plat. On the basis of this deed Lot 2 is determined to be separate parcel of record.

 

Deed Book 1171, page 343, dated June 25, 1991, conveyed one half acre from Josephine P. Beal to Patricia B. Carter and Carolyn B. Simpson. The lot is described as follows:

 

Parcel A: All that certain lot devised to Harry Page Beale and Josephine Page Beale by the wills of Kate W. Johnson and Sudie W. Day LESS AND EXCEPT the portion conveyed to G. Newman Harris and Beverly W. Harris by the deed of record in Deed Book 279, page 406 and Deed Book 283, page 76 and further described as Lot 1 on the plat by Hugh F. Simms and Son dated December, 1948. This parcel is comprised of the ½ acre parcel conveyed by the deed of record in Deed Book 132, page 437 plus a portion of the 1-acre parcel designated as Parcel A on the enclosed sketch.

 

Parcel B: The lot conveyed to Harry P. Beale and Josephine P. Beale by the deed of record in Deed Book 283, page 76 and described as Lot 2 on the aforesaid plat by Hugh F. Simms and Son dated December, 1948. This is Parcel #2 on the plat of record in Deed Book 283, page 76.

 

The deed states it is the intention of the Grantor by this deed to convey, as herein set forth, all of her real estate in Crozet, Virginia, to the Grantees.

 

Deed Book 1180, page 264, dated June 25, 1991 is a deed of correction. The deed conveyed the interest in two parcels from Josephine P. Beale to Patricia B. Carter and Carolyn B. Simpson.  The deed conveyed the same property as was conveyed in Deed Book 1171, page 343. However, this deed reserved a life estate unto the Grantor. This deed had no effect on the status of these two parcels.

 

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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