December 30, 2003

 

Timothy Mark or Alice Rowe Scruby

8153 Dickwood Road

Afton, VA 22920

 

RE: OFFICIAL DETERMINATION OF DEVELOPMENT RIGHTS AND PARCELS- Tax Map 54, Parcel 71, Tax Map 69, Parcel 39 and Tax Map 70, Parcel 33A  (Property of Timothy Mark Scruby or Alice Rowe Scruby) Section 10.3.1

 

Dear Mr. And Ms. Scruby:

 

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 54, Parcel 71 is a parcel of record with five (5) theoretical development rights. Tax Map 69, Parcel 39 is a parcel of record with five (5) theoretical development rights. Tax Map 70, Parcel 33A is a parcel created in 1992 with three (3) theoretical development rights. The basis for this determination is summarized as follows:

 

Tax Map 54, Parcel 71

 

Our records indicate Tax Map 54, Parcel 71 contains 11.556 acres and one dwelling. The property is not in an Agricultural Forestal District. The most recent deed for this property is recorded in Will Book 92, page 167.

 

The most recent deed for this parcel recorded prior to the adoption of the ordinance, December 10, 1980, is recorded in Deed Book 289, page 14. This deed, dated April 27, 1950, conveyed 12 acres, more or less, from Victoria P. Townsend to Gene F. Shirley, William Gray Shirley and Francis Lee Shirley. The property is further described as being the same land conveyed to the Grantor by the deed recorded in Deed Book 251, page 220, in which the plat of the property is shown to contain 13.4 acres, save and except three off conveyances to Dorothy Woodson as follows: One-half acre recorded in Deed Book 181, page 48, 0.065 acres recorded in Deed Book 207, page, 544 and 0.81 acres recorded in Deed Book 285, page 399.  [13.4 – (.5 + .065 + .81) = 12.025] There have been no off-conveyances of land from this parcel since the recordation of this deed.

 

There have been no off-conveyances of land from this parcel since this transaction.

 

Based on this deed, Tax Map 54, Parcel 71 is determined to be a parcel of record with five (5) theoretical development rights.

 

Tax Map 69, Parcel 39 & Tax Map 70, Parcel 33A

 

Our records indicate Tax Map 69, Parcel 39 contains 25.264 acres and one dwelling. The property is not in an Agricultural Forestal District. The most recent deed for this property is recorded in Deed Book 1971, page 727.

 

Our records indicate Tax Map 70, Parcel 33A contains 69.381 acres and no dwellings. The property is not in an Agricultural Forestal District. The most recent deed for this property is recorded in Deed Book 1971, page 727.

 

This analysis begins with Deed Book 210, page 588, dated October 15, 1930. This deed conveyed 7 Ύ acres from C. B. Shirley and Clara G. Shirley to Ben D. Showers. The parcel is shown on a plat that is attached to the deed. The 7.75-acre tract now is comprised of Parcel 40 and 40A on Map 69. As a result of this off-conveyance, the original Parcel 39 is determined to have been divided into three separate tracts. The acreage of these tracts is not indicated in the deed. This is in accord with the determination by the Zoning Administrator, dated November 18, 1992, that Parcel 39 was then found to be two tracts as follows: The western parcel containing 25.318 acres and the eastern parcel containing 126.27 acres. The 7.75-acre parcel is situated between these two tracts. This is the most recent deed recorded prior to the adoption of the ordinance, December 10, 1980, for the western portion of Parcel 39. It is on the basis of this deed that the portion of the original Parcel 39, now comprised of T.M. 69-39A and T.M. 70-33A, is determined to have been a lot of record per section 10.3 on December 10, 1980.

 

The most recent deed for the eastern portion of this parcel recorded prior to the adoption of the ordinance, December 10, 1980, is recorded in Deed Book 260, page 295. This deed, dated May 3, 1939, conveyed 5.7 acres, more or less, from Clara G. Shirley to Lirtie Awkard. The property is shown on a plat by Hugh Simms that is a part of this deed. This is the last of several off-conveyances from the Pea Ridge Tract. It is on the basis of this deed that the eastern portion of Parcel 39, containing 25.318 on December 10, 1980, is determined to be a lot of record per section 10.3.

 

Deed Book 1274, page 463 contains a Deed of Partition and Gift that is dated November 12, 1992. It is between Francis Shirley Scruby & Ralph Edwin Scruby, Brian Gray Scruby and Timothy Mark Scruby & Alice Rowe Scruby, Grantors and Grantees. The purpose of this deed is to divide the Grantors’ proportional interest in a tract that contained 151.588 acres and was identified as Tax Map 69, Parcel 39 into clearly defined fee simple estates. The particular parcels described in this deed are shown on an attached plat by S. L. Key, dated November 12, 1992 and revised on November 24, 1992.  The parcel is divided as follows:

 

94.699 acres were conveyed to Timothy Mark Scruby and Alice Rowe Scruby. The land is identified as Parcel Y containing 69.381 acres (TM 70-33A) and Residue containing 25.318 acres (TM 69-39). The plat allocated 3 development rights to Parcel Y and noted that the residue retained 5 development rights.

 

56.889 acres were conveyed to Brian Gray Scruby. The land is identified as Parcel X on S.L. Key’s plat. (TM 69-39A) The plat allocated 2 development rights to Parcel X.

 

The Grantors conveyed to Francis Shirley Scruby an undivided 43% interest in the 56.889 acre tract.

 

The Grantors also conveyed to Ralph Edwin Scruby an undivided 51% interest in the 56.889 acre tract.

 

As a result of this transaction, T.M. 70-33A has 69.381 acres and 3 development rights. TM 69-39 has 25.318 acres and 5 development rights. TM 69-39A has 56.889 acres and 2 development rights.

 

Deed Book 1971, page 727, dated July 11, 2000 contains a Deed of Exchange between Timothy Mark Scruby & Alice Rowe Scruby, owners of T.M. 69-39 and Jeffrey Scott Jewell & Rebecca Ann Jewell, owners of T.M. 69-42A. The boundary adjustment is shown on a plat by S. L. Key, dated September 9, 1999. There have been no off conveyances since the recordation of this deed.

 

As a result of this transaction Parcel 39 has 25.264 acres and 5 development rights.

 

There have been conveyances of percentages of ownership of these parcels between members of the Scruby family. A list of those transactions is attached to this determination. Those transactions have had no effect on the legal status or development rights of the parcels addressed in this determination.

 

These parcels are entitled to the noted development rights if all other applicable regulations can be met. 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.

 

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

 

Copies:   McChesney Goodall, Coordinator of ACE Program

    Gay Carver, Real Estate Department

               Ella Carey, Clerk Board of Supervisors

               Reading Files

 

Enclosed : 1980 and 2002 Tax Maps

                  Gift deeds that conveyed fractional ownership interests

 

TM-P

Acreage

Division rights for 21 acre minimum parcels

Development rights

TM 69-39

25.264

0

5

TM 70-33A

69.381

3

3

54-71

11.556

0

5

TOTAL

106.255

3

13

 

 

 

 

These are deeds of gift that conveyed fractional interests in the referenced parcels. None of these transactions had any effect on the status of these parcels or their development rights.

 

Deeds in file

 

DB/p

Date

From

To

TM/P

Percentage

1081 – 335

11/20/89

Frances S.

Ralph S.

54 - 71

55 – 14

69-39

 

50%

1/6

25%

1219 – 700

2/7/92

Ralph S.

Timothy & Alice

54-71

10%

1219 – 703

2/7/92

Frances S.

Timothy & Alice

54-71

10%

1525 – 216

3/20/96

Frances & Ralph

Timothy & Alice

54 – 71

7.5%

1081 – 339

11/20/89

Ralph S.

Brian

55 – 14

5%

1081 – 348

11/20/89

Frances S.

Brian

55 – 14

5%

1090 –284

1/25/90

Ralph S.

Brian

55 – 14

5%

1090 – 287

1/25/90

Frances + Ralph

Brian

55 – 14

5%

1219 – 687

2/7/92

Ralph

Brian

55 –14

54 – 72A

2.67%

2.67%

1219 -  690

2/7/92

Frances

Brian

55 –14

54 – 72A

2.67%

2.67%

 

 

 

 

 

 

1081  - 342

11/20/89

Ralph S.

Timothy & Alice

69 - 39

4%

1081  - 345

11/20/89

Frances S.

Timothy & Alice

69 - 39

4%

1090 – 290

1/25/90

Frances S.

Timothy & Alice

69 - 39

4%

1219 – 694

2/7/92

Ralph S.

Brian

69 – 39

1%

1219 – 697

2/7/92

Frances S.

Brian

69 – 39

1%

1785 – 244

1/27/99

Frances

Brian

69 – 39

5.5%

 

 

 

 

 

 

Deeds not in file but referenced in 1785/245

 

 

 

 

 

1274 – 643

11/12/92

 

 

 

6%

1308 – 643

1/2/93

 

 

 

7.5

1308 – 652

1/2/93

 

 

 

7.5

1385 – 286

2/10/94

 

 

 

6%

1385 – 289

2/10/94

 

 

 

6%

1458 – 318

3/9/95

 

 

 

6%

1458 – 327

3/9/95

 

 

 

6%

1525 – 210

3/20/96

 

 

 

6%

1525 – 213

3/20/96

 

 

 

6%

1591 - 482

1/29/97

 

 

 

6%

1591 - 485

1/29/97

 

 

 

?%

1672 – 608

1/22/98

 

 

 

?%

1672 – 611

1/22/98

 

 

 

6%

WB 92 –167

 

 

 

 

13.5%

 

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