February 21, 2007

 

William Rieley

Rieley & Associates

P. O. Box 2367

Charlottesville, VA 22902

 

RE: OFFICIAL DETERMINATION OF PARCELS AND DEVELOPMENT RIGHTS -- Tax Map 71, Parcels 14, 15A & 20 Whitehall Magisterial District (Property of L. B. Disharoon LLC) Section 10.3.1

 

Dear Mr. Rieley:

 

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 71, Parcel 14 has five (5) theoretical development rights; Tax Map 71, Parcel 15A has two (2) theoretical development rights. Tax Map 71, Parcel 20 is comprised of two (2) separate parcels; A and B. Parcel A is the portion of Parcel 20 derived from the 96-acre parcel described in Deed Book 118, page 188. Parcel B is the portion of Parcel 20 derived from the 42.25-acre parcel described in Deed Book 126, page 242. Each of these parcels has up to five (5) development rights based on the size and availability of building sites. The original parcels are shown on Sketch #1 and the 2 separate parcels comprising Parcel 20 are shown on Sketch #2. The basis for this determination follows. 

 

Our records indicate Tax Map 71, Parcel 14 contains 41.875 acres and 1 dwelling and is in the Whitehall Magisterial District. The property is not in an Agricultural and Forestal District. The most recent recorded instrument for this property is recorded in Deed Book 3305, page 110.

 

Our records indicate Tax Map 71, Parcel 15A contains 5.000 acres and zero dwellings and is in the Whitehall Magisterial District. The property is not in an Agricultural and Forestal District. The most recent recorded instrument for this property is recorded in Deed Book 3305, page 110.   

 

Our records indicate Tax Map 71, Parcel 20 contains 42.361 acres and zero dwellings and is in the Whitehall Magisterial District. The property is not in an Agricultural and Forestal District. The most recent recorded instrument for this property is recorded in Deed Book 3305, page 110. The parcel is subject to ZMA 1968-16. 

 

Tax Map 71, Parcel 14

 

The most recent instrument for Tax Map 71, Parcel 14 recorded prior to the adoption of the Zoning Ordinance, December 10, 1980, is recorded in Deed Book 282, page 15, and is dated December 15, 1948. The deed conveyed 45.75 acres from Elizabeth D. Foster, J. W. Foster & Janie E. Foster and Daisy F. Wood & William L. Wood to A. D. Foster. The property is described on a plat by John T. E. Sims, S. A. C. that is dated November 26, 1897 that is recorded with this deed. Based on this deed, the 45.75-acre parcel is determined to be a parcel of record with five development rights.

 

Tax Map 71, Parcel 15A

 

The most recent instrument for Tax Map 71, Parcel 15A recorded prior to the adoption of the Zoning Ordinance, December 10, 1980, is recorded in Deed Book 288, page 369, and is dated April 4, 1950. The deed conveyed 5 acres from Lucien Pugh and Eva Ann Pugh to A. D. Foster. The property is described by metes and bounds and by reference to Deed Book 267, page 210. Based on this deed, the 5-acre parcel is determined to be a parcel of record Parcel with two development rights.

 

Tax Map 71, Parcel 20

 

This analysis for Tax Map 71, Parcel 20 begins with Deed Book 282, page 83 that is dated January 4, 1949. The deed conveyed 50 acres from Nannie K. Cook, Roy S. Cook & Virgie Via Cook and C. Granville Cook & Julia B. Cook to A. D. Foster. The property is described by reference to the adjoining parcels and Virgin Run Creek. It is further described as being a portion of the 96-acre tract conveyed by Deed Book 118, page 188 and as a portion of the 42.25acre tract conveyed by Deed Book 126, page 242.

 

Deed Book 118, page 188, dated July 31, 1900, conveyed 96 acres from Martha A. Tomlin to Nannie K. Cook. The property is described as lying on the old road in Albemarle County about 2 miles north of Batesville and as being the same land conveyed to Martha A. Tomlin by Jannett and Nancy Baber. The parcel is designated as Parcel 28 on Map 37-165, the 1936 aerial map.

 

Deed Book 125, page 242, dated April 1, 1903, conveyed 42.5 acres from R. A. H. Foster and Sallie Foster to C. C. Cook. The parcel is described by metes and bounds. County real estate records contain a sketch based on the metes and bounds description.

 

Based on this deed, the 50-acre parcel is determined to be comprised of two separate parcels- the portion of the 96-acre parcel located north of Virgin Run Creek and the portion of the 42.5-acre parcel located north of Virgin Run Creek. These parcels are shown on attached Sketch #2

 

The most recent instrument for Tax Map 71, Parcel 20 recorded prior to the adoption of the Zoning Ordinance, December 10, 1980, is a Deed of Exchange between Judith Barczy Gyurky and A. D. Foster & Vada C. Foster that is recorded in Deed Book 607, page 198, and is dated October 11, 1976. The transaction is shown on a plat by Thomas D. Blue dated August 17, 1976. The plat shows Parcel X, containing 4.403 acres, a portion of Parcel 20, identified as the Foster Tract and Parcel Y containing 4.953 acres, a portion of Parcel 22, the Gyurky Tract. The resulting acreage is not provided on the plat. Based on this deed, each of the resulting parcels, including Parcel X, (portions of the 42.5 and

 

96-acre parcel described above) has up to five development rights. Each of these development rights must be associated with a minimum of 2 acres containing a building site. The actual location and acreage must be established in order to determine the certain number of development rights.

 

Subsequent Transactions

 

Deed Book 865, page 307, dated December 20, 1985, contains a Certificate of Plat. The plat by Gary M. Whelan, dated December 20, 1985 shows the land of A. D. Foster, Parcels 14, 15A & 20, containing a total of 93.111 acres. The survey did not serve to combine the parcels.

 

Deed Book 906, page 743, dated October 27, 1986, conveyed 3.875 acres from Betsy Foster Jones, Executrix of the Estate of Vada C. Foster to William H. Dollins and Charlotte W. Dollins. The transaction is shown on a plat by Gary M. Whelan, dated October 2, 1986. The plat states that the parcel is a portion of Parcel 14 to be added to Parcel 13 on Tax Map 71. The residue is shown to be 89.236 acres. The plat notes that no development rights are transferred with the 3.875-acre parcel. It is determined that this transaction did not serve to combine the three subject parcels.

 

Deed Book 950, page 340, dated July 3, 1987, conveyed 3 parcels from Betsy Foster Craig, Executrix of the Estate of Vada C. Foster to Carolyn Pali Delevitt. The property is described as being comprised of Tax Map 71, Parcels 14, 15A and 20, containing in the aggregate 89.235 acres, shown as 93.111 acres shown on a plat by Gary M. Whelan, dated December 20, 1985 recorded with a Certificate of Plat in Deed Book 865, page 307. The property is further described, in part, as being the residue of the following tracts:

 

Tax Map 71, Parcel 14, containing 45.75 acres and described by reference to Deed Book 282, page 15, less the off-conveyance of 3.875 acres described by reference to Deed Book 906, page 743. The parcel is further described by reference to the plat of record in Deed Book 865, page 307.

 

Tax Map 71, Parcel 15A, containing 5 acres and described by reference to Deed Book 288 page 369.

 

Tax Map 71, Parcel 20, containing 50 acres and described by reference to Deed Book 282 page 83 as modified by the Deed of Exchange shown on the plat of record in Deed Book 607, page 196.

 

This transaction had no effect on the parcels.

 

Deed Book 1140, page 630, dated January 15, 1991, conveyed three parcels from Carolyn Pali Delevitt to John V. Rindlaub. The property is described as containing 89.235 acres in the aggregate and as being the same as was conveyed by the deed of record in Deed Book 950, page 340. This transaction had no effect on the size or the development rights of the parcels.

 

Deed Book 3305, page 110, dated October 3, 2006, conveyed three parcels from John V. Rindlaub to L. B. Disharoon, L.L.C. The property is described as being the same as was conveyed by the deed of record in Deed Book 1140, page 630. This transaction had no effect on the size or the development rights of the 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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