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11. <br />on this I 1 th. day of November, 1938, that ail of the <br />territory hereinbefore mentioned and fully set forth and <br />described by metes and bounds as to be annexed to the City <br />of Charlottesville, be and the same is hereby annexed to <br />the City of Charlottesville on the terns and ry ith the <br />conditions recited in the said ordinance of the Council <br />of the City of Charlottesville and as amended and added to <br />by this order as hereinbefore recited, and.in accordance <br />with the statute laws of the State of Virginia dealing <br />therewith, to take effect at midnight on December 31, 1935. <br />SIXT17ENTH: It is further ordered that a map of <br />said territory marked "Map of the City of Charlottesville <br />and Territory Annexed Theretott shall be prepared by the <br />City Engineer in conjunction with the County Surveyor <br />accurately locating the bonds of the territory annexed, and <br />shall be lodged by the Clerk of this Court in the Clerkts <br />Office of this Court and a copy of the same shall be certified by <br />the Cler'. of this Court to the Clerk of the Corporation Court <br />of the City of Charlottesville, and the Clern of this Court <br />shall make a certified copy of all orders and proceedings <br />as provided in Section 2963 of the Code of Virginia and shall <br />ci ,rtify the same to the Clerk of the Corporation Court for <br />the City of Charlottesville; and the Clerk of this Court <br />shall forthwith make and certify to the Commissioner of <br />the Revenue of the City of Charlottesville frDm the land <br />Books a list of the real estate within the annexed territory <br />as it appears on such land books, embracing every entry <br />thereon in regard thereto, for which services he shall <br />be paid by the City of Charlottesville the fee allowed by <br />law for similar services; and the Clerk of this Court <br />shall certify to the ,Commissioner of Revenue for the City <br />of Charlottesville a list of all fiduciary funds having <br />a situs within the annexed territory embracing every entry <br />in regard thereto, for which services the said officer <br />shall be _9aid by the City of Charlottesville the fee allowed <br />by law for similar services. <br />SEVENTEENTH: And it is further ordered that the <br />City of Charlottesville shall pay as provided by statute <br />the costs of this proceeding; and by agreement of Counsel <br />the cost's of reporting this proceeding shall be paid one - <br />Court half by the City of Charlottesville and one-half by the <br />Order County of Albemarle. <br />To which action of the Court in so decreeing the <br />annexation of territory as set out above and each part <br />thereof the County of Albemarle, by Counsel, excepts on the <br />ground that the evidence fails to show the necessity, expediency, <br />or propriety of said annexation and that the evidence does <br />not show that said annexation in the manner aforesaid <br />should be made. <br />Counsel for the County of Albemarle further excepts. <br />to the failure to allow the amount as claimed by it as the <br />pr --.,per amount to be assumed by the.City of Charlottesville <br />as follows: <br />That the Court did not require in re;3pect to road <br />bonds the assumption of $32,755.62; that the Court failed <br />to re.-uire the -assumption of school bonds in the amount of <br />$1..,210.23, which latter exception is also made on behalf <br />of the School Board of Albemarle County; and further, that <br />the Court allowed as damages for impairment to the use <br />of the McIntire School only $9,000.00 and did not allow <br />$61,737.14 or a greater part thereof than has been alloded, <br />which la ter exc-ption is also made on behalf of the School <br />Board of Albemarle County, in which exceptions all parties <br />defendant in this proceeding, except The Rector and Visitors <br />of the University of Virginia, by Counsel join. <br />To which action of the Court in the entry of this <br />order the Barnes Lumber Corporation by counsel and petitioners <br />in the area known as Carlton by counsel, in addition to <br />adopting the exceptions assigned by c.)unsel for the County <br />of Albemarle, specifically excepts on the Ground that the <br />evidence fails to show proof of any necessity or expediency <br />for the annexation of any of the area of Carlton or the <br />property of the Barnes Lumber Corporation. <br />The County of Albemarle further excepted to the <br />action of the Court in refusing t_) require the City to <br />assume the contingent liability that maybe involved as a <br />