February 12, 2004
Roy Wheeler Realty
2643 Lindsay Road
Gordonsville, VA 22942
RE: OFFICIAL DETERMINATION OF DEVELOPMENT RIGHTS AND PARCELS- Tax Map 85, Parcel 35 (Property of Buck A. Clark) Section 10.3.1
Dear Ms. Sheffield:
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 85, Parcel 35 is comprised of two separate parcels. Each of these parcels contains one (1) theoretical development right. The location and size of these parcels must be determined by a survey. The basis for this determination is summarized as follows:
Our records indicate Tax Map 85, Parcel 35 contains 3.570 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 2399, page 577.
The most recent deed for this parcel recorded prior to the adoption of the ordinance, December 10, 1980 is recorded in deed recorded in Deed Book 260, page 445 and dated June 21, 1944. This deed conveyed two parcels from Lacy E. Pugh and Nellie Pugh to Sophie Truslow. The parcels are described as follows: “All that certain lot or parcel of land lying in the County of Albemarle, Virginia, near Batesville, containing 2.17 acres according to survey of Hugh F. Simms made in July 1920, the metes and bounds of which are set forth in a deed dated September 8, 1920, of record in Deed Book 184, page 106, from John J. Stout to Lacy E. Pugh; also, that certain other lot or parcel of land supposed to contain 1.4 acres, located about one mile from the village of Batesville on the N.E. side of the Scottsville Turnpike and known as the Thacker lot and being in all respects the same as that conveyed to L.E. Pugh by deed of December 10, 1918, of record in Deed Book 176, page 29.” On the basis of this deed, Tax Map 85, Parcel 35 is determined to be comprised of two separate lots of record as described above.
Deed Book 2399, page 577, dated March 6, 2003 conveyed two parcels from the heirs of Sophie Truslow to Buck A, Clark. The property is described, in part, as containing in the aggregate 3.57 acres, more or less, comprised of (1) a parcel containing 2.17 acres and (2) a contiguous parcel supposed to contain 1.4 acres, known as the Thacker lot; BEING the same
property conveyed to Sophie Truslow by the deed of Lacy E. Pugh and Nellie Pugh dated June 21, 1944 and of record in Deed Book 260, page 445.
There have been no off-conveyances since this transaction. Based on this deed, Tax Map 85, Parcel 35 is determined to be comprised of two separate lots of record; one containing 2.17 acres and the other containing 1.4 acres. Each of these lots contains one (1) development right. These parcels are entitled to the noted development rights only if all other applicable regulations can be met. These development rights are theoretical in nature but do represent the maximum number of lots allowed to be created by right.
The location and area of these parcels has not been determined. County real estate records contain a sketch of the 2.17-acre parcel, based on the metes and bounds description recorded in Deed Book 184 on page 106. However, no plat or description for the Thacker lot was discovered. Also, there are notes in the real estate records that indicate the Thacker lot was taken for the right of way of Route 691. It is assumed that the Thacker lot is or was located to the south of the 2.17-acre lot and adjacent to Parcel 36. The resolution of this matter will require a survey.
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.
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If you have any questions, please contact me.
Manager of Zoning Administration