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Prepared by Charlottesville City Attorney's Office
<br />August 27, 2007
<br />• Tax Map: Jefferson Park Avenue Right of Way (adjacent to TM 11, Parcel 28)
<br />This deed is exempt from taxes imposed by Va. Code See. 58.1-801 and Sec. 58.1-802
<br />pursuant to Va. Code See. 58.1-811(A)(1) and See. 58.1-811(C)(4)
<br />DEED OF CONVEYANCE
<br />WHEREAS, The Rector and Visitors of the University of Virginia is the owner of certain
<br />lands, designated on the 2007 City Tax Maps as TMP 11-28 and on the Albemarle County Tax Maps
<br />as TMP 76A-013, lying and situate on both sides of the present right-of-way of Jefferson Park
<br />Avenue, in the City of Charlottesville, Virginia;
<br />WHEREAS, pursuant to Virginia Code sec. 15.2-2030 the City of Charlottesville, Virginia
<br />may, by ordinance, authorize the sale or lease of air rights above public highways, streets, lanes and
<br />alleys; and
<br />WHEREAS, The Rector and Visitors of the University of Virginia desires to construct a
<br />pedestrian walkway above Jefferson Park Avenue in connection with the construction of the South
<br />Lawn Project, and to that end has requested the conveyance of (i) air rights above Jefferson Park
<br />Avenue; (ii) an easement over 835 square feet of property within the Jefferson Park Avenue right-of-
<br />way; and (iii) temporary construction easements; all as shown on the attached plat made by Kirk
<br />• Hughes & Associates, dated August 17, 2007 (the "Plat"); and
<br />WHEREAS, a public hearing of the proposed conveyance of air rights and granting of
<br />easements was held by the governing body of the City of Charlottesville on September 4, 2007 after
<br />notice as required by Virginia Code sec. 15.2-2204, and on September 17, 2007 the City Council of
<br />the City of Charlottesville approved and adopted an ordinance authorizing the requested conveyance
<br />of the property interests as described herein; now, therefore,
<br />THIS DEED, made this day of , 2007, by and between the
<br />CITY OF CHARLOTTESVILLE, VIRGINIA, a municipal corporation, (the "City"), and THE
<br />RECTOR AND VISITORS OF THE UNIVERSITY OF VIRGINIA, an educational institution of the
<br />Commonwealth of Virginia, (the "University");
<br />WITNESSETH:
<br />That, for and in consideration of TEN DOLLARS ($10.00) and other good and valuable
<br />consideration, the receipt of which is hereby acknowledged, the City GRANTS and CONVEYS to
<br />the University, for the purpose of constructing, maintaining, repairing, replacing, and using a
<br />pedestrian walkway over Jefferson Park Avenue, all right, title and interest in the air rights over
<br />Jefferson Park Avenue, and various temporary construction easements, as more particularly labeled
<br />and shown on the Plat attached hereto. The air rights conveyed herein within the area shown measure
<br />• approximately 5,785 square feet in area.
<br />FURTHER, for the same consideration, the City does hereby grant unto Grantee an easement
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