March 30, 2007

 

James C. McDaniel, Jr.

Nancy S. McDaniel

9520 Donegal Farm Road

Scottsville, VA 24590

 

RE: OFFICIAL DETERMINATION OF PARCELS AND DEVELOPMENT RIGHTS -- Tax Map 135, Parcels 15A, 18, 19, 22 & 22E, Scottsville Magisterial District (Property of James C. McDaniel, Jr. & Nancy S. McDaniel) Section 10.3.1

 

Dear Mr. and Mrs. McDaniel:

 

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 the referenced parcels have the theoretical development rights as identified below.   

 

Tax Map / Parcel

Development Rights

135 / 15A

1

135 / 18

5

135 / 19  Portion north of railway

5

135 / 19 Portion north of railway

5

135 / 22

5

135 / 22E

5

 

The basis for this determination follows. 

 

Our records indicate Tax Map 135, Parcel 15A contains 0.902 acres and zero dwellings. The property is in the Hatton Agricultural and Forestal District. The most recent recorded instrument for this property is recorded in Deed Book 2465, page 156.

 

Our records indicate Tax Map 135, Parcel 18 contains 24.371 acres and zero dwellings. The property is in the Hatton Agricultural and Forestal District. The most recent recorded instrument for this property is recorded in Deed Book 2465, page 156.

 

Our records indicate Tax Map 135, Parcel 19 contains 112.266 acres and zero dwellings. The property is in the Hatton Agricultural and Forestal District. The most recent recorded instrument for this property is recorded in Deed Book 2465, page 156.

 

Our records indicate Tax Map 135, Parcel 22 contains 39.720 acres and three dwellings. The property is in the Hatton Agricultural and Forestal District. The most recent recorded instrument for this property is recorded in Deed Book 1743, page 475.

 

Our records indicate Tax Map 135, Parcel 22E contains 15.715 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 2465, page 156.

 

Tax Map 135, Parcels 15A, 18, and 19

 

This analysis begins with the deed of record in Deed Book 203, page 387 that is dated October 20, 1928. This deed contains a declaration between J. M. Tapscott, Edna Tapscott Wallace, C. S. Tapscott, W. B. Tapscott, H. H. Tapscott, Charlotte Anne Snead and C. E. Watkins, the heirs of W. W. Tapscott. The deed contains a plat that includes the following parcels that are relevant to this determination.

 

Lot No. 1 contains 80.8 acres. This established the portion of Parcel 19 that is located north of the C & O right-of-way as a parcel of record.

 

Lot No. 2 contains 102.1 acres. This includes the parcels that are currently designated as 15, 15A and 15C on Tax Map 135.

 

Lot A contains 25.5 acres. This established the portion of Parcel 19 that is located south of the C & O right-of-way as a parcel of record.

 

Lot B contains 24.5 acres. This established Parcel 18 as a parcel of record.

 

Deed Book 268, page 238, dated March 26, 1946, conveyed 0.79 acres from W. B. Tapscott, 0.78 acres from Edna Wallace and 0.76 acres from H. H. Tapscott. to the C & O Railway. W.B. Tapscott owned Parcel 18. As a result of this transaction the residue of Parcel 18 contained 23.71 acres. This had no effect on the status of Parcel 18.

 

(24.5 – 0.79 = 23.71)

 

Deed Book 273, page 372, dated April 23, 1947, conveyed 146.3 acres from Homer Richey, Commissioner to Pierson Scott. The property is described as 3 certain tracts of land shown on the plat of record in Deed Book 203, page 390, less and except 0.88 acres conveyed for the right-of-way of the C&O Railway shown on a plat of record in Deed Book 245, page 359.

 

Lot No. 1 containing 80.8 acres. This is a portion of Parcel 19 on Tax Map 135 that is located north of the C & O Railway. This had no effect on the status of the north portion of Parcel 19.

 

Lot A containing 25.5 acres This is the portion of Parcel 19 on Tax Map 135 that is located south of the C & O Railway. This had no effect on the status of the south portion of Parcel 19.

 

Lot No. 6 containing 40 acres. This is not a subject of this determination.

 

This transaction had no effect on the 2 parcels that comprise Parcel 19

Deed Book 283, page 429, dated May 3, 1949, conveyed 24.5 acres from W. B. Tapscott, William Wallace Tapscott & Virginia Tapscott Payne to F. Pierson Scott. The parcel is described as Parcel B on the plat of record in Deed Book 203, page 390, less and except 0.79 acres conveyed for the right-of-way of the C&O Railway shown on a plat of record in Deed Book 268, page 239. This property is designated as Parcel 18 on Tax Map 135. This transaction had no effect on Parcel 18.

 

Deed Book 317, page 204, dated February 20, 1951, conveyed 0.9 of an acre from W. B. Tapscott, William Wallace Tapscott & Virginia Tapscott Payne to F. Pierson Scott. The parcel is described as a being a portion of Lot No. 2 on the plat of record in Deed Book 203, page 390. Lot #2 is calculated to contain 101.2 acres as a result of this transaction. This is designated as Parcel 15A on Tax Map 135. This deed established the Parcel 15A, containing 0.9 acres and the residue of Lot #2 containing 101.2 acres as parcels of record.

 

Deed Book 854 page 277, dated September 27, 1985, conveyed 7 parcels from Jefferson National Bank, Executor under the will of F. Pierson Scott to Pierson Scott Morrill, Daniel Drake Morrill and Elizabeth Morrill Peters. The parcels that are included in this determination are described, in part, as follows:

 

Parcel 2: Tax Map 135, Parcel 15A, containing 0.9 acres described by reference to Deed Book 317, page 204. The transaction had no effect on Parcel 15A.

 

Parcel 4: Tax Map 135, Parcel 18, containing 23.71 acres described by reference to Deed Book 283, page 429. The transaction had no effect on Parcel 18.

 

Parcel 5: Tax Map 135, Parcel 19, containing 106.3 acres described by reference to Deed Book 273, page 371. It is determined that this deed did not serve to recombine the portion of Parcel 19 located north of the railway ( 80.8 acres) with the portion located south of the railway (25.5 acres).

 

(80.8 + 25.5 = 106.3)

 

Parcel 6: Tax Map 135, Parcel 22, containing 329.407 acres described by reference to Deed Book 200, page 457 and Deed Book 334, page 103.

 

Tax Map 135, Parcel 22 & 19

 

Deed Book 1743, page 475, dated August 5, 1998, conveyed 39.72 acres from Pierson S. Morrill, Daniel D. Morrill, Elizabeth M. Peters to James C. McDaniel, Jr. and Nancy S. McDaniel. The property is described as consisting of Tract A containing 9.58 acres and Tract B containing 30.14 acres. These are shown on a plat by Lum’s Land Surveys and Rivanna Engineering, Inc., dated July 17, 1998 showing a boundary adjustment of Tax Map 135, Parcels 22 and 19 and subdivision of Parcel 22. It is further described as being a portion of the property conveyed by the parcel of record in Deed Book 802, page 695.  The plat also transferred a 6.01 portion of Parcel 22 to Parcel 19. The plat carried these two notes: “The parcel has five development rights” and “Residue retains all existing development rights.” It is determined that Tract B, a portion of the original Parcel 22 and containing 30.14 acres is treated as a parcel of record with five (5) Development rights. This is based on the Sanford vs. the Albemarle County Board of Zoning Appeals Circuit Court ruling which held that a road served to divide properties into separate parcels. In this case Tract B is separated from the residue of Parcel 22 by Routes 627 and 726. The 9.58-acre tract transferred to Parcel 22 from the original Parcel 19 has zero (0) development rights. The 6.01-acre tract transferred to Parcel 19 from the original Parcel 22 has zero (0) development rights.  The plat notes that Parcel 19 contains 102.73 acres. The portion of Parcel 19 that is located north of the C&O Rail Way is calculated to contain 71.22 acres. The 39.72-acre parcel is designated as Parcel 22 on Tax Map 135.

 

Tax Map 135, Parcel 22E

 

Deed Book 2465, page 156, dated April 9, 2003, conveyed 4 parcels from Pierson Scott Morrill, Daniel Drake Morrill and Elizabeth Morrill to James C. McDaniel, Jr. and Nancy S. McDaniel. The parcels are shown on a plat by Lum’s Land Surveys, Inc. It shows a  survey of T.M. 135 - 15A containing 0.902 acres, T.M. 135 – 18 containing 24.371 acres and T.M. 135 – 22E containing 15.715 acres. It also shows a boundary adjustment that conveys 3.490 acres from T.M. 135 – 17 to T.M. 135 – 19. As a result, Parcel 19 contains 112.266 acres. .” It is determined that Parcel 22E, containing 15.715 acres is treated as a parcel of record with five (5) Development rights. This is based on the Sanford vs. the Albemarle County Board of Zoning Appeals Circuit Court ruling. In this case Parcel 22E is separated from the residue of Parcel 22 by Route 726.

 

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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