University of Virginia Library

EASEMENT TO COUNTY OF STAFFORD

The President reported the County of Stafford was desirous of obtaining an easement for a water pumping station and necessary water lines over the property known as "Belmont" situated in said County and had approached the authorities of Mary Washington College for a grant of such easement. Upon investigation it was ascertained title to "Belmont" was in the Commonwealth of Virginia and that an Act of the General Assembly would be necessary to authorize such grant on behalf of the Commonwealth. The President informed the Board that an Act for this purpose was passed in the 1966 session of the General Assembly and is now in force. Such Act authorizes the Governor and Secretary of the Commonwealth, upon resolution of The Rector and Visitors of the University of Virginia requesting the same, to grant and convey such easement on behalf of the Commonwealth of Virginia to the Board of Supervisors of Stafford County, such easement to be for such term and upon such conditions and for such purposes as might be prescribed by the resolution of The Rector and Visitors of the University of Virginia. The President stated the authorities of Mary Washington College had approved the granting of such easement.

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

RESOLVED, that The Rector and Visitors of the University request the Governor and the Secretary of the Commonwealth, on behalf of the Commonwealth of Virginia, to grant and convey, in a form approved by the Attorney General, to the Board of Supervisors of Stafford County, Virginia, a perpetual easement for the purpose of constructing, operating and maintaining a water pumping station and necessary water lines thereto extending from the main water line to said pumping station, over the property situated in Stafford County, Virginia, owned by the Commonwealth of Virginia, which was acquired by deed from Corinne Lawton Melchers, dated the 17th day of February, 1942, and fully set forth in Chapter 437 of the Acts of the General Assembly of 1942, said easement being described as follows:

Beginning at a point N 40° 10' E 73 feet from the northeast corner of the Rights of Way of State Route No. 1001 and State Route No. 1012, thence N 49° 50' W a distance of 34 feet; thence N 40° 10' E a distance of 34 feet, thence S 49° 50' E a distance of 34 feet; thence S 40° 10' W a distance of 34 feet to the point of beginning, being a lot containing .0265 acres.

Such easement shall be granted under the following terms and conditions:

(1) The Commonwealth of Virginia or any State institution or department for whose benefit the Commonwealth holds title to the property conveyed to it by the deed from Corinne Lawton Melchers, dated February 17, 1942, above referred to, shall have the continuing right to connect all present buildings including out-buildings and auxiliary buildings and plants thereon and any additional buildings which may be erected thereon, with the water pumping station and water lines to be constructed by said County, which right shall extend in perpetuity, co-equal with said easement;

(2) The water lines shall at all points be well below the surface of the ground so that the growth of vegetation above them may not be impaired; that after digging the trenches for said water lines, or upon any reopening thereof for purposes of maintenance, repair, replacement or enlargement of said water lines, the County of Stafford shall re-fill and pack the ground thoroughly, and re-turf the same to the end that there will be no subsequent sinking to impair the contour of the surface;

(3) All trees, shrubbery and grass, as far as possible, shall be protected during the course of the operations, either of initial construction or subsequent repair of said water lines and water pumping station, and if it be necessary to move any shrubs or turf said County will replace them as before; and generally leave the premises in the same condition in which they were found;

(4) In the exercise by said County of its rights to construct, repair and maintain said water lines and pumping station, said County, its agents and servants, shall at all times perform their operations in such a manner as to disrupt as little as possible the order and routine of the property belonging to the Commonwealth;

(5) Should the Commonwealth or any State institution or department for whose benefit the Commonwealth holds title to said property conveyed to it by said deed of Corinne Lawton Melchers, dated February 17, 1942, deem it necessary, in its sole discretion, for any purpose, said water pumping station and water lines easements, either or both, shall be relocated and re-routed to another location, the expense of such relocation and re-routing to be borne by said County.