Dear Ms. Mayo:
Our records indicate Tax Map 19, Parcel 4B contains 116.652 acres and two dwellings. The property is not in an Agricultural Forestal District. The most recent deed for this property is recorded in Deed Book 1441, page 674.
determination begins with Deed Book 329, page 80, dated December 19, 1956, by
and between Arline D. Kyger in her own right and as
Trustee and Executrix of the Estate of Robert L. Kyger, and National Bank and
Trust Company, Executor and Trustee of the Estate of Robert L. Kyger, parties
of the first part and Clifford G. Allen and Audrey C. Allen, parties of the
second part. The deed conveyed five adjoining tracts or parcels of land
situated on both sides of State Route 663 and containing in the aggregate 524.6
acres of land. The property is shown on
a plat by A. R. Sweet and Associates, dated
containing 251 acres known as the
(2) A tract of 127 1/8 acres and a tract of 1 acre that were conveyed to Dr. Kyger by the deed recorded in Deed Book 295, page 9.
(3) A tract of 11 acres that was conveyed to Robert L. Kyger by the deed recorded in Deed Book 310, page 468.
(4) That tract of 135 acres that was conveyed to Robert L. Kyger by the deed recorded in Deed Book 273, page 590.
These tracts aggregate 525 1/8 acres as described in the deeds, but were found to aggregate 524 6/10 acres as shown on the plat by A. R. Sweet and Associates, that is dated December 11, 1956 and is attached to this deed.
On the basis of this deed, the 251-acre tract, the 135-acre tract, the 127 1/8-acre tract and the 11-acre tract were each lots of record on the date of recordation.
Deed Book 148, page 235 described the 251- acre tract
as two separate lots. However, the entire area shown as
The 1-acre portion of Tract #2 is not considered to be a lot of record with a development right. Rather, it is described in Deed Book 234, page 486 as a strip of land on the west side of Route 663, created as the result of the relocation of the road. This strip of land is not within the bounds of what is now Parcel 4B.
Book 414, page 341, dated September 22, 1965 conveyed 3.51 acres from Clifford
G. Allen and Audrey C. Allen to the
Book 478, page 312 is a Deed of Partition dated
Book 354, page 233, dated
Deed Book 444, page 10,
Book 445, page 260, dated
Book 458, page 259, dated
Book 490, page 176, dated
The residue is calculated to contain 251.06 acres.
Book 574, page 205, dated June 1, 1975 conveyed 19.08 acres to David W. and
McCrea S. Kudravetz. The property is described as being a portion of the land
conveyed by Deed Book 329, page 80 and is shown on a plat by William S.
Book 589, page 652, dated March 1, 1976 conveyed 39.40 acres to George B
McCallum, III and Barbara D. McCallum. The property is described as being a
portion of the land conveyed by Deed Book 329, page 80 and is shown on a plat
by William S. Roudabush, dated
Book 599, page 6, dated
Book 619, page 186, dated
most recent instrument for this parcel recorded prior to the date of adoption
of the Albemarle County Zoning Ordinance, (December 10, 1980) is in Deed Book
617, page 11. This deed, dated
On the basis of this deed, the remainder of the
524.6-acre property, containing 117 +/- acres is determined to be comprised of
two (2) separate parcels. One is the residue of
Deed Book 1441, page 674, dated November 21, 1994 conveyed those certain tracts of land known as Tax Map 19, Parcel 4B and Tax Map 18, Parcel 65 from Audrey Marie Allen Mayo, Executor of the Estate of Clifford G. Allen and Trustee of the Trust U/W Clifford G. Allen and as Executor of the Estate of Audrey C. Allen to Audrey A. Mayo.
The parcels are described as containing 116.652 acres and 2.55 acres respectively, more or less. This is the residue of the land conveyed by the deed recorded in Deed Book 329, page 80 after numerous off-conveyances. This transaction had no effect on the status of the parcels or the associated development rights.
The 2.55 acres parcel is not a subject of this determination. The 116.652-acre parcel is comprised of two separate parcels, as described above. The location of the parcels is shown on the enclosed sketch. The separate acreages have not been calculated. Each of these parcels contains five (5) theoretical development rights.
These development rights may be utilized 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. In addition to the development right lots, as many parcels containing a minimum of twenty-one acres may be created as the property can support, if all other applicable regulations can be met.
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.
Manager of Zoning Administration
Enclosures: Location of Parcels A and B
Four tracts referenced in Deed Book 329, page 80