HomeMy Public PortalAbout1999_11_09_r344 Boundary Line Adjustment with LC for Heritage High SchoolThe Town of
Leesburg,
Virginia
RESOLUTION NO.
99-344
PRESENTSED November9,1999
ADOPTED November 9~ 1999
A RESOLUTION: NOTICE OF INTENTION TO APPROVE AND ADOPT A BOUNDARY LINE
ADJUSTMENT AGREEMENT BETWEEN THE COUNTY OF LOUDOUN,
VIRGINIA AND THE TOWN OF LEESBURG, VIRGINIA AND AUTHORIZING
PUBLICATION OF A NOTICE
WHEREAS, Section 15.2-3106 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 Town of Leesburg as owner of 77.85768 acres of land, more or less,
desires to bring such land within the limits of the Town of Leesburg to consider the development
applications for a park, transportation improvements for Battlefield Parkway, and a high school
under the regulations of the Town; and
WHEREAS, the Town Council of Leesburg has considered the proposed developments
and has determined that it is appropriate to bring the land within the Town limits for the purpose
of considering the proposed development applications on such land; and
WHEREAS, the Council proposes that the existing boundary line between the County and
the Town should be changed in accordance with the terms contained within the Boundary Line
Adjustment Agreement set forth in Attachment 1 to this Resolution:
THEREFORE, BE IT RESOLVED by the Council of the Town of Leesburg, Virginia as
follows:
SECTION I. The Town hereby declares its intent to approve the Boundary Line
Adjustment Agreement and authorizes the advertisement of a notice of intent to approve such
agreement.
SECTION II. A descriptive summary of the Boundary Line Adjustment Agreement
between the Town and County as shall be published once a week for two consecutive weeks in the
Leesburg Today and the cost for said publication shall be paid by the Town of Leesburg pursuant
to Section 15.2-3107 of the Code of Virginia (1950), as amended.
A RESOLUTION REGARDING
SCHOOL SITE
2
A BOUNDARY LINE ADJUSTMENT AT THE NEW HIGH
SECTION III. The Deputy Town Attorney for the Town of Leesburg is hereby authorized
to act on behalf of the Town to prepare, file and execute any documents, Pleadings and Orders
necessary to ensure the entry of a Court order designating and establishing the new boundary line.
PASSED this 9th day of November, 1999.
ATTEST:
Clerk of Council
J~rnes E. Clem, Mayor
Town of Leesburg
ATTACHMENT 1
Boundary Line Adjustment Agreement
This Agreement is made and entered into this day of
,1999, by and between the County of Loudoun, Virginia (hereinafter
the "County") acting by and through its governing body the Board of Supervisors
of Loudoun County, party of the first part; and the Town of Leesburg, Virginia
(herinafter 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, and 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 77.85768 acres of land, more or less, owned by the
Town of Leesburg, located within an unincorporated area of the County, upon
which a high school for the Leesburg area, a park, and transportation
improvements, known as Battlefield Parkway, are proposed to be constructed.
Whereas, it is the desire of the Town and the County to bring the
77.85768 acres of land, more or less, within the jurisdiction of the Town for the
purpose of reviewing the proposed development applications for such land; and
Whereas, Section 15.2-3106 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 Town and the County consider the proposed incorporation
of the aforesaid 77.85768 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 interest of the citizens of the Town, the County and the Commonwealth;
and
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
of the Corporate Limits for the Town of Leesburg, Virginia" prepared by Paciulli
Simmons and Associates and dated 11/4/99 ("Exhibit A") and as more
particularly described in a legal description of metes and bounds entitled "Metes
and Bounds Description of the Boundary of Record for the Town of Leesburg,
Virginia, Loudoun County, Virginia Including the November 1999 Boundary Line
Adjustment" and prepared by Paciulli Simmons and Associates ("Exhibit B"),
which are both attached hereto and made a part of the Agreement.
2. The County Attorney and the Deputy 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 be entered
in accordance with Section 15.2-3106 et. seq. of the Code of Virginia (1950), as
amended.
3.
of the Circuit Court order designating and establishing the new boundary line.
The boundary line adjustment shall be effective on the date of entry
COUNTY OF LOUDOUN, VIRGINIA
By:
Dale Polen Myers, Chairman
Board of Supervisors
ATYEST:
STATE OF VIRGINIA
COUNTY OF LOUDOUN, to-wit:
The foregoing instrument was executed and acknowledged before me by
Dale Polen Myers, Chairman of the Loudoun County Board of Supervisors, this
the __ day of ., 1999.
Notary Public
My Commission Expires:
TOWN OF LEESBURG, VIRGINIA
By:
Ja~es E. Clem, Mayor
Town of Leesburg
ATI~EST:
Clerk of Council
STATE OF VIRGINIA
COUNTY OF LOUDOUN, to-Mt:
The foregoing instrument was executed and acknowledged before me by
James E. Clem. Mayor of the Town of Leesburg, Virginia, this theclay of
_, 1999.
My Commission Expires:
Notary Public