Residential, Commercial,Farm and Country Properties

May 18, 2018

Via Email to:

Stephen Smith

8787 Georgia Ave

Silver Spring, MD 20910

Re: Parcel P610, Tax Map CV12

Tax Id # 11-00916244

Dear Mr. Stephen Smith,

My firm recently listed ______

Attached please find several Deeds, a TDR Easement, the SDAT printout, and a Tax Map. Let me explain…

TDR Easement: Shows that Montgomery County considered it two parcels in 1996. See the Note on Exhibit B of the TDR Easement that states “This Easement is specifically excluded as to that parcel of land containing 4.41 acres of land, more or less”:

Deed:

Deed:

Deed:

Deed:

Also, please see the State of Maryland Tax Map showing that there are two separate parcels.

We are requesting a letter from park and planning declaring the following:

  1. The 4.41 acre parcel
  2. The 4.41 acre parcel described by Deed dated and recorded does quality for an exception to the planting requirements pursuant to Section 250-9(f) of the Montgomery County Subdivision Regulations.

My name is Brian Jamison of Charles H Jamison LLC, a family owned real-estate brokerage located in Poolesville, MD. My firm is currently marketing the above referenced subject property for sale and it would be advantageous to our clients to assure prospective purchasers, through formal documentation, that they will need not go through the platting process upon applying for one single-family residential building permit.

The information found during my research of the MD Land records has lead me to believe that this parcel is eligible for the requested exception to the platting process pursuant to section 50-9(F) of the Montgomery County subdivision regulations. This regulation states:

Sec. 50-9. Exceptions to platting requirements.

Recording of a subdivision plat under this Chapter is not required for:

(f) Single residential lot. An application for a building permit for one (1) single-family detached dwelling unit, on a parcel, not previously included on a recorded plat, which has not changed in size or shape since June 1, 1958, provided:

(1) A description and location plat of the lot and proposed structure have been furnished with the

permit application, sufficiently detailed, to locate the same on the base maps of Montgomery County.

(2) Approval of the permit application would not result in obstructing the future opening, extension or widening of any road deemed essential in the public interest, nor would it otherwise jeopardize any planned public facility.

(3) The proposed lot and use comply with the zoning ordinance (except for street frontage) and the site plan shows clearly the setbacks, side and rear yards and any other information needed to check compliance with regulations, including establishment of a building restriction line along any existing or proposed road sufficient to provide for future expansion or opening of such road to its ultimate width.

(4) Approval of the permit would not affect adversely the general plan for the physical development of the regional district or any portion thereof.

The current owners of the Land are Steven and Martin Barylski, prior to their possession, Henry Noland, Esther Noland & Heirs owned the Land and this is documented in both the Jonesville Road right of way easement dated April, 1985 recorded in L:6709 F:617 as well as in a condemnation letter for the construction of Jonesville Rd dated June, 1980 and recorded at L:5533 F:757.

The Deed located at EBP: 28 Folio: 23 in Maryland Land records recorded December 28, 1882 describes the subject property with a slight change in the current description. In the deed from 1882 the parcel is described as “some six and one half acres more or less”. Today the property contains 7.13 Acres of land, more or less. It is unknown when this change in the description of total area of the parcel occurred, but is reasonable to attribute this slight change to the fact that Metes and Bounds surveying methods used in 1882 were far less accurate than today’s standards.

Attached to this letter are all of the supporting documents which have been referenced in the above paragraphs as well as a letter from the office of the County Attorney to Mr. Barylski, dated 9/1/2016 recognizing the property described in the deed recorded at EBP: 28 Folio: 23 from December 28, 1882 is in fact the same as the subject property of this request for exemption to the platting process

If you have and questions regarding this transmittal, you may contact me at 301-788-8817.

Sincerely,

Charles D. Jamison, Esq.

19939 Fisher Avenue ~ P.O. Box 86 ~ Poolesville, MD 20837

Office (301) 428-8200 - Fax (301) 428-8133

E-Mail: - Internet: