 | Board of Visitors minutes September 9, 1949 |  |
USE OF PORTION OF WEST MAIN STREET
Mr. Perkins, Attorney for the University, presented the following matter to the Board.
The Annexation Order entered by the Circuit Court of Albemarle, November 11, 1938 (see
Law Order Book 50, pp. 390-399) provides in part as follows:
"It is further ordered, on motion of the Rector and Visitors of the University of
Virginia, the City of Charlottesville and the County of Albemarle assenting thereto,
that the grounds, walks, driveways and all the lands now belonging to said body politic
or corporate, the corporate name of which is `The Rector and Visitors of the University
of Virginia', although embraced within the lines set out above, shall nevertheless,
be and they are excluded therefrom and shall be, remain, and continue in all
respects and for all purposes, a part of the County of Albemarle as fully as if the
same were not included within said lines
"This exception or reservation, however, shall not apply to any of the lands now
used and embraced within the streets and roads known as West Main Street, Fry's Spring
Road, the Old Lynchburg Road, Rugby Road, State Highway No. 250 and State Highway No.
29, and the sidewalks thereon, and the right of way of the C. & O. Railroad, and all
of said streets, roads and right of way within the boundary lines set out above shall
be in and a part of the City of Charlottesville."
The question has recently been raised as to whether the above use of the terms "West
Main Street" and "State Highway #250" includes the whole width of the road immediately to the
east of the Main Gate of the University or whether a triangular piece of this street immediately
to the east of the Main Gate and extending along the northeastern boundary of the University
grounds in a southeasterly direction from said Main Gate to the western side of the Chesapeake
& Ohio Railway bridge where it crosses said West Main Street, was intended to be excluded from
said description.
President Darden then made a statement to the Board in which he expressed the view that
from the standpoint of the University as well as from the City, it was quite important that this
triangular piece of land be treated as being within the jurisdiction of the City so that the
City's parking and traffic regulations might be enforced therein by City authorities.
Mr. Perkins then briefly outlined the conditions which attended the adoption by the
Court of the Phraseology quoted above in the Annexation Order of November 11, 1938, stating that
the phraseology as used was believed by counsel for all parties in interest and by the Court to
expressly include this triangular piece of the street within the jurisdiction of the City.
It was, thereupon,
RESOLVED, that upon advice of counsel, in the opinion of this Board the Annexation Order
above referred to, did not exclude from its operations the triangular piece of West Main Street or
State Highway No. 250 which lies immediately to the east of the University's Main Gate and extends
along the northeastern boundary of the University grounds in a southeasterly direction from said
Main Gate to the western side of the Chesapeake & Ohio Railway bridge where it crosses said West
Main Street, but the whole of said portion of said street or highway and the sidewalks thereon
were intended by said Annexation Order to be a part of the City of Charlottesville.
| Board of Visitors minutes September 9, 1949 | |