Sec. 21-5. Deeds to spaces in cemeteries.
The mayor shall have authority and it shall be his duty to
convey in the name and on behalf of the city to any purchaser
thereof any space in any cemetery of the city to which the city has
a clear title, provided the following is properly executed:
"WHEREAS, the director of finance has received the full
purchase price of the property hereby conveyed as is evidenced by
his signature hereto.
"NOW, THEREFORE, THIS DEED, by and between the CITY
OF CHARLOTTESVILLE, VIRGINIA, hereinafter referred to as
the City, and . . . . . . . . . . . . . . . . . . . . . . hereinafter referred to as
the owner;
"WITNESSETH: That for and in consideration of the sum of
$ . . . . . . . . . . cash in hand paid by the owner to the city,
the receipt whereof is hereby acknowledged, as well as the
covenants and agreements hereinafter made by the owner, the
city does hereby grant, bargain, sell and convey, with GENERAL
WARRANTY of title unto . . . . . . . . . . . . . . . . . . owner, those
certain lots or parcels of land in said city, designated on a plat of
. . . . . . . . . . . . . . . . . cemetery as grave space . . . . in block
number . . . . . . ., Division . . . . . ., said plat being filed and
recorded as is provided by law.
"As a part of the consideration for this deed, it is mutually
agreed as follows:
"(1) This deed may be recorded in the clerk's office of the
corporation court by and at the expense of the owner, and the city
shall not permit the interment of any person in said space without
the consent of the owner of the legal title to said space, or his
heirs or personal representative.
"(2) Said space shall be subject to the control and management
of the city and shall be subject to any laws, ordinances or
resolutions of the city council which may be passed or adopted for
the management, government or improvement of the cemetery in
which the space is located.
"(3) The above purchase price will be deposited by the city in
the "Perpetual Care Fund" and said space shall be perpetually
cared for by the city in accordance with such rules and
regulations as may now or hereafter be provided for the perpetual
care of the sections and spaces in the cemeteries of said city.
"In testimony whereof, the city has caused this deed to be
executed by its Mayor, with its corporate seal affixed, attested by
its clerk, and the director of finance and owner have hereunto
subscribed their respective names, this the . . . . . . . day of . . . . . . . . . . . . . . . . . . . . . . ., 19 . . . . . . . . . .."
(SEAL)
ATTEST
City of Charlottesville,
By .............................................
Mayor
.............................................
Director of Finance
.............................................
Owner"
(Code 1959, § 21-5; 8-17-70.)
