COUNTY OF ALBEMARLE

Department of Community Development

401 McIntire Road, Room 227

Charlottesville, Virginia  22902-4596

 

Phone (434) 296-5832                                                                                      Fax (434) 972-4126

 

 

February 1, 2007

 

Brian S. Ray

1717 – 1B Allied Street

Charlottesville, VA 22903

 

RE: OFFICIAL DETERMINATION OF PARCELS AND DEVELOPMENT RIGHTS -- Tax Map 120, Parcel 16 Scottsville Magisterial District (Property of Margaret R. Van Clief Revocable Trust) 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 120, Parcel 16 consists of seven (7) separate parcels that are shown on Sketch #4, prepared by Roger W. Ray and Assoc., Inc. that is attached. The parcels and their associated theoretical development rights are identified below. The basis for this determination follows. 

 

Parcel

Acreage

DB/p

Development Rights

A 1 Oakland

474.8

203/83

5

A 1 Meadow Farm

420.16

203/83

5

B

4

236/239

2

C

22.4

243/489

5

D

15

212/575

5

2

37.5

298/83

5

4

4

298/83

2

 

Our records indicate Tax Map 120, parcel 16 contains 931.645 acres and five (5) dwellings. The parcel is located in the Scottsville Magisterial District. The most recent recorded instrument for this property is recorded in Deed Book 909, page 643.

 

The most recent instrument for two parcels that are a part of “Nydrie” and are identified as Parcel 2 and Parcel 4 on Sketch #4 that was recorded prior to the adoption of the Zoning Ordinance, December 10, 1980, is in Deed Book 203, page 83, and is dated October 8, 1928. The deed conveyed Parcels 1, 2 and 4 from William B. Forsyth & Hedwig P. Forsyth, Douglas Forsyth & Lena L. Forsyth, Harry Forsyth & Joan W. Forsyth, George L. Forsyth & Elise M. Forsyth, Noel Louise Elliott & John B. Elliott and Edith Agnes Langhorn & W. H. Longhorn to Daniel Good Van Clief and Ray Alan Van Clief. The parcels are shown on Sketch #4 and described, in part, as follows:

 

Parcel 1: This tract is described as containing two separate parcels, containing a total of 899 acres. It designated as Tract A in Deed Book 298, page 497 and analyzed below in the discussion of Deed Book 298, page 497.

 

Parcel 2: This tract is described as containing 37.5 acres and by reference to Deed Book 107, page 250. The Munford tract is identified on the plat of record in Deed Book 104, page 173. It is designated as Parcel 2 on Sketch #4.

 

Deed book 107, page 250, dated January 23, 1897, conveyed 37.5 acres from Loveless Munford and Elvira Munford to Sarah R. Forsythe. The property is described by metes and bounds and by reference to the deed of Thos. S. Coles.

 

Based on these two deeds and the plat, the 37.5-acre portion of Parcel 16 that is designated as Parcel 2 on Sketch #4 is determined to a parcel of record with five (5) development rights.

 

Parcel 4: This parcel is described as containing 4 acres and by reference to Deed Book 119, page 487. The Monroe parcel is identified on the plat of record in Deed Book 104, page 173. It is designated as Parcel 4 on Sketch #4.

 

Deed Book 119, page 487, dated March 28, 1901, conveyed 4 acres from B. G. Monroe and Martha Monroe to S. R. Forsythe. The parcel is described by metes and bounds.

 

Based on these two deeds, the 4-acre portion of Parcel 16 designated as Parcel 4 on Sketch #4 is determined to a parcel of record with two (2) development rights. This assumes that the parcel contains at least 4 acres. 

 

The most recent instrument for five parcels known together as “Nydrie” recorded prior to the adoption of the Zoning Ordinance, December 10, 1980, is recorded in Deed Book 298, page 497, and is dated May 23, 1951. The deed conveyed Parcels A, B, C and D from Daniel Good Van Clief and Ray Alan Van Clief, Executors of and Trustees under the will of Margaret Good Van Clief to Daniel Good Van Clief and Ray Alan Van Clief. The parcels are shown on Sketch #1 and described, in part, as follows:

 

Parcel A: Those parcels conveyed by the deed recorded in Deed Book 203, page 83 and the plat recorded in Deed Book 104, page 173.

 

The plat recorded in Deed Book 104, page 173, dated October 1895 shows Oaklands, containing 474.8 acres and Meadow Farm, containing 424 1/6 acres.  Deed Book 203, page 83, dated October 8, 1928, conveyed 936.12 acres described as Parcels 1, 2 and 4. Parcel 1 is described as containing two certain tracts containing together 899 acres and by reference to the plat in Deed Book 104, page 170. Parcels 2 and 4 are discussed above.

 

Based on these three deeds, the portion of Parcel 16 known as Oaklands, containing 474.8 acres, and the portion of Parcel 16 known as Meadow Farm, containing 424 1/6 acres, are each determined to be parcels of record with five (5) development rights. The approximate location of Oaklands and Meadow Farm is shown on Sketch #4.

 

Parcel B: Those parcels conveyed by the deed recorded in Deed Book 236, page 239.

 

Deed Book 236, page 239, dated June 16, 1937, conveyed 4 acres from George Gilmer, Commissioner to Ray Alan Van Clief. The property is described by metes and bounds. This 4-acre tract is a portion of Meadow Farm. As a result of this transaction Meadow Farm contained 420.16 acres. The parcel is designated as Parcel B on Sketch #4.

 

Based on these two deeds, the 4-acre portion of Parcel 16 designated as Parcel B on Sketch #4 is determined to a parcel of record with two (2) development rights. This assumes that the parcel contains at least 4 acres.

 

Parcel C: Those parcels conveyed by the deed recorded in Deed Book 243, page 489.

 

Deed Book 243, page 489, dated June 14, 1939, conveyed 22.4 acres from Martha Monroe to R. A. Van Clief. The property is described on a plat by M. M. Van Doren attached to the deed. The location of the parcel is designated as Parcel C on Sketch #4.

 

Based on these two deeds, the 22.4-acre portion of Parcel 16 designated as Parcel C on Sketch #4 is determined to a parcel of record with five (5) development rights.

 

Parcel D: Those parcels conveyed by the deed recorded in Deed Book 212, page 575 and Deed Book 248, page 410.

 

Deed Book 212, page 575, dated March 22, 1931, conveyed approximately 15 acres from A. H. Lloyd and Donna L. D. Lloyd to R. A. Van Clief. The deed states, “it will be noticed that Lot #4 contains about 38 acres within its entire boundary, but it is the intention of this deed to convey only that part of it which lies to the north of Keene Road adjoining the “Nydrie” line which contains about 15 acres more or less.” The parcel is shown on a plat attached to the deed. The parcel is designated as Parcel D on Sketch #4.

 

Deed Book 248, page 410, dated November 15, 1940, conveyed 3 tracts from Arthur H. Lloyd and Donna L. D. Lloyd to Ray Alan Van Clief. Parcel 1, containing 5.4 acres, Parcel 2, containing 9.4 acres and Parcel 3, described as so much of Lot 4 as lies south of the Esmont and Keene Road are not part of this determination. These 3 parcels are all located south of Esmont Road and west of Parcel 16.

 

Based on these three deeds, the 15-acre portion of Parcel 16 that is designated as Parcel D on Sketch #4 is determined to be a parcel of record with five (5) development rights.

 

Deed Book 909, page 643, dated November 12, 1986, conveyed 15.507 acres from Daniel Good Van Clief and Margaret R. Van Clief. This parcel is now designated as Tax Map 120, Parcel 16E. It is not a subject of this determination.

 

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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