HomeMy Public PortalAbout1990_11_14_R291Joint Resolution of Loudoun County in Virginia
and
The Town of LeesbUrg in
V'wginia
PRESENTED November 14,
RESOLUTION NO.
A JOINT RESOLUTION:
ADOPTEDNovembe r 14,
ADOPTING A BOUNDARY LINE ADJUSTMENT
AGREEMENT AND AUTHORIZING PUBLICATION OF
A REVISED CORPORATE BOUNDARY FOR THE
TOWN OF LEESBURG, VIRGINIA
1990
1990
WHEREAS, Section 15.1-1031.1 et. seq. of the Code of Virginia (1950), as amended,
authorizes Virginia counties and towns to change the boundary lines existing between them
by agreement in accord with specified statutory procedures contained therein; and
WHEREAS, the owner of the tract of land known as the Edwards Landing property
desires to bring the entire tract within the limits of the Town of Leesburg in order that the
Edwards Landing development proposal (ZM-109) be considered under the regulations of
the Town; and
WltEREAS, the Joint Policy Committee of the Board and Council have reviewed the
proposed development and have determined that it is appropriate to bring the entire tract
within the Town limits for the purpose of considering the Edwards Landing development
proposal and has recommended that the Annexation Area Development Policies be modified
accordingly; and
WHEREAS, the Council and Board concur that the ex/sting boundary line existing
between them should be changed in accordance with the terms contained within the
Boundary Line Adjustment Agreement set forth in Attachment 1 to this Joint Resolution.
THEREFORE, BE IT RESOLVED by the Board of Supervisors of Loudoun County,
Virginia and the Town of Leesburg, Virginia as follows:
Page 1 of 2
A JOINT RESOLUTION OF LOUDOUN COUNTY, VIRGINIA
AND THE TOWN OF LEESBURG, VIRGINIA
Adopting a Boundary Line Adjustment Agreement
SECTION I. The Boundary Line Adjustment Agreement is hereby approved. The
Mayor is authorized tq execute said agreement on behalf of the Council and the Chairman
of the Board of Supervisors is authorized to execute said Agreement on behalf of the Board.
SECTION II. A description of the revised boundary line between the Town and
County as generally depicted on Attachment 2 to this Joint Resolution shall be ~ublished
at least once a week for two consecutive weeks in the Loudoun Times-Mirror and the cost
for said publication shall be paid by the Town of Leesburg pursuant to Section 15.1-1031.2
of the Code of Virginia (1950), as amended.
SECrION III. Publication of a revised corporate boundary for the Town of
Leesburg in Virginia is hereby authorized.
PASSED the 14th day of November , 1990.
Robert E. Sevil~ Mayor" /
Town of Leesburg
PASSED the ~ day of ,1990.
ATTEST:
Clerk of youncil
ATTEST:
Betty Tatum, Chairman
Board of Supervisors
County of Loudoun
County Administrator
. Page 2 of 2
Boundary Line Adjustment Agreement
THIS AGREEMENT is made and entered into this day of ,, ,
1990, by and between the County of Loudoun, Virginia (hereinafter the
"County"), by and acting through its governing body the Board of Supervisors
of Loudoun County, party of the first part; and the Town of Leesburg, Virginia
(hereinafter the "Town"), acting by and through its governing body the Town
Council of the Town of Leesburg, Virginia, party of the second part.
WHEREAS, the County and the Town in 1982 entered into a
comprehensive Annexation Agreement for the exchange and sharing of public
services and for the mutual benefit of the citizens of both jurisdictions and for
the adjustment of their boundaries in order to provide services more efficiently,
which Agreement was affirmed and validated pursuant to Chapter 26.1:1 of
Title 15.1 of the Code of Virginia (1950), as amended, by a special court duly
constituted and convened pursuant to Chapter 26.2 of Title 15.1 of the Code
of Virginia (1950), as amended; and
WHEREAS, there is currently pending before the Town a rezoning
application (ZM-109) for the Edwards Landing Planned Development
concerning a parcel of land which lies partly within the Town and partly within
an unincorporated area of the County; and
WHEREAS, it is the desire of the Town and the County to bring 32
acres, more or less, within the jurisdiction of the Town for the purpose of
reviewing the proposed rezoning application for the entire parcel; and
WHEREAS, Section 15.1-1031.1 of the Code of Vir~nia (1950), as
amended, authorizes Virginia counties and towns to change the boundary lines
Page 1 of 6
ATTACHMENT 1 --
BOUNDARY LINE ADJUSTMENT AGREEMENT
existing between them by agreement in accord with specified statutory
procedures contained therein; and
WHEREAS, the Town and the County consider the proposed incorpora-
tion of the aforesaid 32 acres, more or less, into the Town to be in accord with
the policies and guidelines of the Annexation Area Development Policies and
in the best interests of the citizens of the Town, the County and the Common-
wealth; and
WHEREAS, Pinnacle-Ryan Associates, the owner of the aforesaid 32
acres, more or less, fully concurs with the proposed boundary line adjustment
as indicated by its endorsement hereto.
NOW, THEREFORE, the parties hereto hereby agree as follows:
1. The boundary line which is hereby agreed to and to be established
is generally depicted on a Plat entitled "Plat Showing Boundary Line Adjustment,
Board of Supervisors - County of Loudoun, Town Council- Town of Leesburg"
prepared by Patton, Harris, Rust & Associates and dated May 4, 1990 as
revised June 7, 1990 ("Exhibit A") and is more particularly described in a legal
description of metes and bounds entitled "Description of the Property of
Pinnacle.Ryan Associates, Catoctin Election District, Loudoun County, Virginia"
and prepared by Patton, Harris, Rust & Associates ("Exhibit B"),
which are both attached hereto and made a part of this Agreement
2. The County Atto.racy and the Town Attorney are hereby
authorized to act on behalf of the County and Town, respectively, to prepare,
file, and sign any documents, pleadings, and orders reasonably necessary to
ensure that a court order designating and establishing the new boundary line
Page 2 of 6
ATTACHMENT 1 --
BOUNDARY LINE ADJUSTMENT AGREEMENT
be entered in accordance with Section 15.1-1031.1 et. seq. of the Code of
Virginia (1950), as amended.
3. The boundary line adjustment shall be effective on the date of
entry of the Circuit Court order designating and establishing the new boundary
line.
COUNTY OF LOUDOUN, VIRGINIA
By:
Betty Tatum, Chairman
Board of Supervisors
ATTEST:
County Administrator
TOWN OF LEESBURG, VIRGINIA
Robert E: Sevila, igiay~
Town of Leesburg
ATTEST:
Clerk of.~Youncil -
Page 3 of 6
ATT %CK~II',NT 1 --
BOUNDARY LINE ADJUSTMENT AGREEMENT
SEEN AND AGREED TO:
PINNACLE-RYAN ASOCIATES,
a Virginia General Partnership
By:
Pinnacle Development Corpo-
ration, General Partner
By:
Gerald Strasbaugh
President
STATE OF VIRGINIA
COUNTY OF LOUDOUN, to-wit:
The foregoing instrument was executed and acknowledged before me by
Betty Tatum, Chairman of the Loudoun County Board of Supervisors, this the
day of 1990.
My Commission Expires:
Notary Public
ATTACHMENT 1
Page 4 of 6
BOUNDARY LINE ADJUSTMENT AGREEMENT
STATE OF VIRGINIA
COUNTY OF LOUDOUN, to-wit:
The foregoing instrument was executed and acknowledged before me by
Philip Bolen, County Administrator, Loudoun County, Virginia, this the
day of ~ 1990.
My Commission Expires:
Notary Public
STATE OF VIRGINIA
COUNTY OF LOUDOUN, to-wit:
The foregoing instrument was executed and acknowledged before me bY
Robert E. Sevila, Mayor of the Town of Leesburg, Virginia, this the ~ day
of 1990.
My Commission Expires:
Notary Public
STATE OF VIRGINIA
COUNTY OF LOUDOUN, to-wit:
The foregoing instrument was executed and acknowledged before me by
, Clerk of the Council for the Town of
Leesburg, Virginia, this the day of 1990.
My Commission Expires:
Notary Public
Page 5 of 6
ATTACHMENT 1
BOUNDARY LINE ADJUSTMENT AGREEMENT
STATE OF VIRGINIA
COUNTY OF LOUDOUN, to-wit:
The foregoing instrument was executed and acknowledged before me by
Gerald Strasbaugh, President of Pinnacle Development Corporation, a General
Partner of Pinnaclo-Ryan Associates, a Virginia General Partnership, this ...
day of 1990.
Notary Public
My Commission Expires:
EDWARDS LANDING/BI_.A. AGT
Page 6 of 6
ATTACHMENT