HomeMy Public PortalAbout1986_05_14_R090cesl~urg
RESOLUTION NO.
A RESOLUTION:
PRESENTED May 14. 1986
86-90 ADOPTED May 14~ 1986
AUTHORIZING FURTHER LEGAL ACTION WITH RESPECT TO THE ENFORCEMENT
OF THE LEESBURG/LOUDOUN COUNTY 1982 ANNEXATION AGREEMENT
WHEREAS, the Town of Leesburg and County of Loudoun entered into an annexa-
tion agreement on November 15, 1982 which included Annexation Area Development
Policies (AADPs) governing land use, transportation, utility and other development
issues within the annexation area and the Leesburg Area Management Plan (LAMP)
area outside the expanded corporate limits; and
WHEREAS, the AADPs provide that "the enlarged town limits have been estab-
lished as a boundary line beyond which central water and sewer services should
not be provided in order to concentrate growth in and around the town .... "; and
WHEREAS, Section 3, Subsection F, Paragraph 2 of the AADPs provides that
"central water and sewer facility extensions.., shall be precluded in the LAMP
planning area outside the annexation area until January 1, 1994, unless necessary
to protect the public health or mutually agreed upon by the town and county;" and
WHEREAS, Paragraph 18 of the Annexation Agreement provides, "the Board of
Supervisors agrees to take all legal steps available in order to preclude the
location of central water and sewer systems.., in the LAMP planning area outside
of the territory to be annexed until January 1, 1994"; and
WHEREAS, Xerox Realty Corporation (Xerox) filed an application with Loudoun
County to rezone 821 acres to PD-OP and 1,039 acres to PDH-12; and
WHEREAS, more than one-half of the land proposed for rezoning was located
within the LAMP area; and
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AUTHORIZING FURTHER LEGAL ACTION WITH RESPECT TO THE ENFORCEMENT OF THE LEESBURG/
LOUDOUN COUNTY 1982 ANNEXATION AGREEMENT
WHEREAS, the Loudoun County Board of Supervisors, in order to accommodate
this rezoning, approved on September 16, 1985, amendments to the LAMP that desig-
nate the Loudoun County Sanitation Authority as the water and sewer provider for
the entire Xerox tract, including those lands lying within the LAMP area in viola-
tion of the Annexation Agreement and without proper notice to the town; and
WHEREAS, the rezoning application included a proffered condition which unilaterally
established the Loudoun County Sanitation Authority as the water and sewer provider
for the Xerox property in the LAMP planning area; and
WHEREAS, Council Resolution No. 85-234 adopted December 11, 1985 requested
the Board of Supervisors to take no action on the Xerox rezoning application until
the issue of extending central water and sewer facilities within the portion of
the Xerox property located in the LAMP area was resolved by the Board of Supervisors
and the Town Council in accordance with the Annexation Agreement, AADPs and Court
Order; and
WHEREAS, the Board of Supervisors refused to honor the town's request and
on December 16, 1985, approved the rezoning of 1860 acres of land owned by Xerox
to urban uses thereby violating the Annexation Agreement, AADPs and Court Order;
and
WHEREAS, the Town Council, through counsel requested the reconvening of the
Special Annexation Court and filed a motion to enforce the terms of tlhe Annexation
Agreement, AADPs and Court Order; and
WHEREAS, in 1983 the General Assembly passed legislation request,ed by the
town and county which the town believed would ensure the enforceability of the
Annexation Agreement; and
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AUTHORIZING FURTHER LEGAL ACTION WITH RESPECT TO THE ENFORCEMENT OF THE LEESBURG/
LOUDOUN COUNTY 1982 ANNEXATION AGREEMENT
WHEREAS, the special annexation court has informed the parties that it in-
tends to dismiss the town's motion for lack of jurisdiction; and
WHEREAS, this Council considers the future enforcement and integrity of the
Annexation Agreement of utmost importance to the interests of both the town and
county.
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as
follows:
The law firm of Hunton & Williams is further retained and authorized to pursue
any and all legal remedies that may be available to enforce the terms of the
Annexation Agreement, AADPs and Court Order.
PASSED this 14th day of
ATTEST:
Clerk ofyuncil'
May , 1986.
~harles J. ~lliams, Vice-Mayor
Town of Leesburg