University of Virginia Library

PROPERTY EXCHANGE IN FREDERICKSBURG

President Darden called to the attention of the Board the resolution adopted at the regular
meeting held on April 14, 1956, by which the Board approved the proposed exchange as then outlined,
in principle, subject to final approval by the Board of a contract to be considered later.

Mr. Darden stated that the City of Fredericksburg proposed to convey to The Rector and
Visitors, a tract of 4.022 acres of land adjoining the Mary Washington College Campus, on which
the City Reservoir is located, reserving the reservoir site itself so long as it was used as a
reservoir, with the right to maintain the reservoir on the reserved portion of said tract, and
the right at its sole discretion, (1) to increase the height of the reservoir not more than four
(4) feet, (2) to enlarge the pump house; (3) to maintain, improve, repair and replace all
structures, improvements and equipment on the portion of the property reserved by the City;
(4) the right to maintain electric power lines or pipes on the property conveyed as well as that
reserved and the right to lay other pipes to and from the reservoir and to repair, relocate and
replace the same. Upon abandonment of the reservoir by the City, the City covenants to convey
the reserved portion to The Rector and Visitors by quitclaim deed.

In exchange for the conveyance by the City of Fredericksburg to The Rector and Visitors as
above outlined, The Rector and Visitors are to convey with special warranty to the City of
Fredericksburg, a tract of 6.959 acres lying along the easterly side of U.S.Alternate Route No. 1,
being a portion of the Brompton tract of land owned by Mary Washington College and, in addition,
The Rector and Visitors are to pay to the City the sum of $8,000.00.

The President pointed out that the property to be acquired by The Rector and Visitors would
be used as the site of the new science building of the College, and that the portion of the
Brompton tract to be acquired by the City would be the site of its new armory.

President Darden then submitted to the Board for consideration the following documents.

(a) Three appraisals of the values of the two properties to be exchanged made by independent
real estate appraisers at the request of the College;

(b) Copy of proposed deed from the City of Fredericksburg to The Rector and Visitors with
plat of the property to be conveyed attached;

(c) Original of proposed deed from The Rector and Visitors to the City of Fredericksburg,
with plat of the property to be conveyed attached;

(d) Abstract of Title and Certificate of Opinion of James Ashby, Jr., of Goolrick, Ashby
and Whitticar, Attorneys, covering title to the property to be acquired from the City;

(e) Plat of the entire Brompton tract;

(f) Plat of the Campus of Mary Washington College showing in red the reservoir property
being acquired by The Rector and Visitors from the City.

The deeds listed under (b) and (c), the President stated, were submitted in lieu of the
contract contemplated by the Board at its April 14, 1956 meeting. All of the papers had been
submitted to C. Venable Minor, Special Counsel for The Rector and Visitors and had been approved
as to form by him.

After discussion, upon motion duly made and seconded, it was,

RESOLVED, by The Rector and Visitors of the University of Virginia that the exchange of
properties between the City of Fredericksburg and Mary Washington College of the University of
Virginia upon the terms and conditions hereinabove outlined in the minutes of this meeting be,
and the same is hereby ratified and approved and that Colgate W. Darden, Jr., President, and
Francis L. Berkeley, Jr., Secretary, be, and they hereby are authorized and empowered, the
approval of the Governor of the State of Virginia, as required by Section 23-77.1 of the Code of
Virginia, 1950, as amended, having first been obtained thereto, to execute a deed of conveyance
on behalf of The Rector and Visitors of the University of Virginia, conveying, with Special
Warranty of Title, to the City of Fredericksburg, Virginia, the parcel of 6.959 acres of land
lying along the easterly side of U. S. Alternate Route No. 1, in the City of Fredericksburg,
Virginia, being a portion of the tract of land known as the "Brompton Tract" which was conveyed
to The Rector and Visitors of the University of Virginia by deed of C. O'Conor Goolrick and
F. M. Chichester, Special Commissioners, dated January 4, 1946, of record in the Clerk's Office
of the Circuit Court of Spotsylvania County, Virginia, in D. B. 134, p. 412, and that the said
Colgate W. Darden, Jr., President, be and he is hereby authorized and empowered to deliver said
deed and the sum of $8,000.00 to the City of Fredericksburg, upon delivery to him of a deed from
the City of Fredericksburg to The Rector and Visitors of the University of Virginia, properly
executed and acknowledged, together with a certified copy of the resolution of the Council of the
City of Fredericksburg authorizing the execution of said deed, conveying to The Rector and
Visitors the tract of 4.022 acres, known as the "Reservoir Tract", in the City of Fredericksburg,
Virginia.

In adopting the foregoing resolution the Visitors pointed out the advantage of obtaining
an outright reversion of the reservoir property instead of a covenant from the City of
Fredericksburg to convey the reserved portion to the University in the future. It was
accordingly ordered that Mr. Minor be requested to make a final effort to have the reversion
written into the Deed.