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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