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• This deed is exempt from state recordation taxes pursuant to Virginia Code §§58.1-811(A)(1) and 58.1-811(C)(3).
<br />THIS DEED made this _ day of 2004, by and between THE CITY
<br />OF CHARLOTTESVILLE, a municipal corporation, hereinafter called Grantor, and THE
<br />RECTOR AND VISTI'ORS OF THE UNIVERSITY OF VIRGINIA, an educational
<br />institution of the Commonwealth of Virginia, hereinafter called Grantee;
<br />WITNESSETH
<br />That for the sum of One Dollar ($1.00) and other valuable consideration, receipt of which
<br />is hereby acknowledged, Grantor does hereby grant (i) an exclusive use easement of right-of-way
<br />for two (2) six-inch pneumatic tubes approximately four (4) feet in depth, four (4) feet in width,
<br />and two hundred five (205) feet in length, and (ii) a temporary construction easement of right-of-
<br />way approximately four (4) feet in depth, fifteen (15) feet in width, and two hundred five (205)
<br />feet in length to install, construct, operate, maintain and repair two (2) six-inch pneumatic tubes-,
<br />and (iii) an exclusive use easement of right-of-way for one (1) twenty-four inch casing nine
<br />containing pneumatic tubes and communication conduits approximately seven (7) feet in death,
<br />three (3) feet in width and twoV-nine 29 feet in length All three Beth easements are shown on
<br />the plats prepared by Tom Lincoln Land Surveyor, dated October 4, 2004, which is are attached
<br />hereto and make a part of this deed.
<br />The facilities constructed by Grantee shall remain the property of Grantee. Grantee shall
<br />• have the right to inspect, rebuild, repair, improve and make such changes, alterations, additions to
<br />or extensions of its facilities within the boundaries of said right-of-way which are consistent with
<br />the purposes expressed herein. All construction, maintenance, equipment and facilities shall
<br />comply with any applicable laws, regulations or codes.
<br />Grantee shall restore Grantor's premises, including the right-of-way, as nearly to their
<br />original condition as practicable, including backfilling of trenches, reconstruction of sidewalks,
<br />curbs or roads, reseeding of lands, removal of trash and debris, and removal of any equipment,
<br />accessories or appurtenances not consistent with the construction, maintenance or operation of
<br />said facilities or the exercise of any rights or privileges expressed herein. Grantee shall maintain
<br />said right-of-way and facilities in such repair as not to endanger or otherwise limit the enjoyment
<br />and use of adjacent properties.
<br />Grantee shall have the right of ingress and egress from said right-of-way over the lands of
<br />the Grantor. Grantee shall exercise such right in such manner as shall not occasion injury and
<br />inconvenience to the Grantor or the public. Grantee shall at Grantor's election pay for or repair
<br />any injury to any of Grantor's land, structures, roads, fences, sidewalks, curbs and other
<br />improvements caused by Grantee, its employees, agents or contractors. Grantee shall notify
<br />Grantor immediately of any such injury, and shall make said payment or repair as soon as
<br />reasonably possible but not to exceed thirty (30) days after such injury occurs. Grantee shall be
<br />responsible for the payment of those claims for personal injury or death arising out of any act or
<br />• omission of its employees or agents in connection with the exercise of its rights hereunder for
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