University of Virginia Library

CITY WATER CONTRACT

Mr. Garnett, Chairman of the Committee on Buildings and Grounds, presented to the meeting
a deed dated September 10, 1948, with plate attached thereto, the purpose of which is to effect conveyance
by The Rector and Visitors of the University of Virginia to the City of Charlottesville of
certain easements and rights of way ever the lands of the University for the purpose of laying,
operating and maintaining an 18-inch pipe line as a part of the water system of the City of Charlottesville,
said deed containing a provision for lease of a small tract of land accurately described
upon Plat A attached to said deed, under which lease the City of Charlottesville is given the right
to use said tract of land for the erection, operation and maintenance of a pumping station.

And Mr. Garnett stated that all details of this conveyance of right of way or easement for
said water line and lease for said pumping station had been thoroughly investigated and considered
by his Committee with the assistance of Mr. Hartman and Mr. Perkins and recommended that said conveyance
and lease be executed and delivered to the City.

Thereupon, it was

RESOLVED that Colgate W. Darden, Jr., President, be and is hereby instructed to execute said
deed in the name and on behalf of The Rector and Visitors of the University of Virginia, and Vincent
Shea, Secretary of this Board, is instructed to affix the corporate seal of the University thereto,
attest the same, see to execution of said deed on behalf of the City of Charlottesville and to the recordation
thereof in the Clerk's Office of the Circuit Court of Albemarle County, and that a copy of said
deed be spread as a part of the minutes of this meeting.

- - -

THIS DEED made this 10th day of September, 1948, by and between The Rector and Visitors of the
University of Virginia (hereinafter called "University"), of the first part, and the City of Charlettesville,
a municipal corporation (hereinafter called "City"), of the second part,

WITNESSETH:

THAT WHEREAS, due to the continued growth of the City of Charlottesville, it has become necessary
for the City to extend its water system; and,

WHEREAS the only practical location for such an extension lies through the grounds of the
University of Virginia; and,

WHEREAS it is to the interest of the University that said City should have adequate facilities
for supplying the demands of said City and the demands of the University pursuant to a contract of
April 18, 1922, between the University and the City, as subsequently amended; and,

WHEREAS, at a meeting of the Rector and Visitors of the University of Virginia duly called,
convened and held on September 10, 1948, a resolution was adopted instructing the President to execute a
deed in the name and on behalf of The Rector and Visitors of the University of Virginia, and the Secretary
was instructed to affix the seal of the University thereto, attesting the same, conveying to the
City the easements hereinafter more fully described and leasing to the City a small tract of land on
which to erect a pumping station hereinafter more fully described;

NOW, THEREFORE, in consideration of the premises and of the agreements on the part of said
City hereinafter set out and the further consideration of $1.00 cash in hand paid, said University doth
hereby grant, give and convey unto said City an easement or right of way for the sole purpose of constructing
and maintaining a new 18-inch water line, with convenient appurtenances thereto, along and
through the grounds of the University of Virginia along the rollowing routes:

(1) A line extending from the property of Homer G. Richey lying north of Route 29 to the
property of Homer Richey lying north of Stadium Road and from the property of said Homer Richey to the
filtration plant, as indicated by the red lines shown on the plat hereto attached and made a part of
this deed designated "Plat A";

(2) A line extending from the clear water basin at the filtration plant to U.S. Route No. 29,
as indicated by the red lines shown on the plat hereto attached and made a part of this deed designated
"Plat B";

(3) A line extending from U.S. Route 29 across the margin of Lambeth Field to Rugby Road, as
indicated by the red lines shown on the plat hereto attached and made a part of this deed designated
"Plat C";

Together with the right of ingress and egress to and from all points on said lines for the
purposes of construction, maintenance and repair.

And in consideration of the foregoing grant said City on its part, as is evidenced by its acceptance
of this conveyance and its performance of the work of laying said line, doth hereby agree as
follows:

(1) That it will furnish all material and labor necessary for the construction and installation
of said new 18-inch water lines in an efficient and workmanlike manner, will commence the work
promptly and will complete same as quickly as may be possible under present conditions;

(2) That in the construction of said lines it will adequately protect any and all underground
services such as pipe lines, telephone and electric lines, etc., that may be encountered, and if damage
of any kind is done to any of these services it will promptly and efficiently repair such damage at its
own cost;

(3) That it will replace or repair in a workmanlike manner all walk and road surfaces under
which said pipe line may pass, replacing the surfaces of such walks or roads in as good condition as
these surfaces were in before the pipe line was placed under them;

(4) That it will carefully and properly back-fill the ditch in which the pipe line is placed,
so that in the future no depression shall develop over said pipe line, and where said pipe line crosses
Lambeth Field it will carefully replace any sod that may be cut and removed in the construction of said
line, and if a depression should occur over said pipe line where the same crosses Lambeth Field it will
further fill the same so as to bring the surface of the ground over the pipe line back to the same grade
obtaining before the ditch was dug;

(5) That when said pipe line shall interfere with use of the surfaces of the ground by the
University said City, when so requested by the University, shall relocate said pipe line in a new location
feasible for the purposes for which this pipe line is to be used, at the expense of said City;

(6) That in the construction of said line the City shall cut and remove only such trees and
bushes as may be necessary and shall pile up such brush and trees as may be cut in neat piles along the
route of the pipe line.

And in further consideration of the premises and $1.00 cash in hand paid, said University doth
hereby lease and demise unto the said City for the term of ninety-nine (99) years from the date hereof,
with the privilege of renewing this lease at the expiration hereof, a tract or parcel of land situated
in Albemarle County, Virginia, lying on the north side of Stadium Road adjoining the property of Homer
Richey and more accurately described as the tract of land outlined in blue on Plat A hereinbefore referred
to, which tract or parcel of land shall be used by the City for the location of a pumping station
on said water line.

And in consideration of the foregoing lease said City on its part doth hereby agree that said
tract of land shall be used only in connection with said water line for the location of a pumping station
and that any building erected on said land shall be faced with red brick with a dark roof, in accordance
with plans approved by the University.

IN TESTIMONY WHEREOF, said The Rector and Visitors of the University of Virginia, pursuant to
the aforesaid resolution adopted at a meeting of the Board of Visitors thereof held on September 10,
1948, has caused this deed to be signed by Colgate W. Darden, its President, and its corporate seal to
be hereto affixed and attested by Vincent Shea, its Secretary, and the City of Charlottesville has
caused this deed to be signed by G. K. Tebell, its Mayor, and its corporate seal to be hereto affixed
and attested by its Clerk, the day and year first above written.

ATTEST:
____________________
Secretary

THE RECTOR AND VISITORS OF THE UNIVERSITY OF VIRGINIA
By________________________________________
President

ATTEST:
____________________
Clerk

CITY OF CHARLOTTESVILLE
By________________________________________
Mayor

STATE OF VIRGINIA,
COUNTY OF ALBEMARLE, to-wit:

I, _______________, a Notary Public in and for the County and State aforesaid, hereby
certify that Colgate W. Darden, whose name as President is signed to the foregoing deed bearing date on
the 10th day of September, 1948, has acknowledged the same before me in my County and State aforesaid.

Given under my hand the ___ day of __________, 1948.

My commission expires the ___ day of __________, 19__.

________________________________________
Notary Public

STATE OF VIRGINIA,
COUNTY OF ALBEMARLE, to-wit:

I, _______________, a Notary Public in and for the County and State aforesaid, hereby
certify that G. K. Tebell, whose name as Mayor is signed to the foregoing deed bearing date on the 10th
day of September, 1948, has acknowledged the same before me in my County and State aforesaid.

Given under my hand this ___ day of __________, 1948.

My commission expires the ___ day of __________, 19__.

________________________________________
Notary Public

(For plats see Deed Book 280, pp. 314, 315, and 316, Clerk's Office of the Circuit Court of Albemarle
County, Virginia.)