HomeMy Public PortalAbout2000_02_08_r030 Boundary Line Adjustment for Heritage High SchoolThe Town of
I eesburg,
PRESENTED February_ 8, 2000
RESOLUTION NO. 2000-30 ADOPTED February 8, 2000
A RESOLUTION: APPROVAL OF A BOUNDARY LINE ADJUSTMENT AGREEMENT
BETWEEN THE COUNTY OF LOUDOUN, VIRGINIA AND THE
TOWN OF LEESBURG VIRGINIA
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 the owner of 77.85768 acres of land, more or less,
consisting of two (2) parcels containing 25.4316 acres and 52.3168 acres, respectively, desires to
bring such land within the lilmits 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 to extend town utilities to such land; and
WHEREAS, the Town Council of the Town of Leesburg desires that the existinb
boundary line between the County of Loudoun and the Town of Leesburg be changed in
accordance with the terms contained within the Boundary Line Adjustment Agreement set forth
in Attachment 1 to this Joint Resolution; and
WHEREAS, a notice of intent to approve the Boundary Line Adjustment and a
descriptive summary of the Boundary Line Adjustment Agreement between the Town and
County was published once a week for two consecutive weeks in the Loudoun Times-Mirror.
THEREFORE, RESOLVED by the Town of Leesburg, Virginia as follows:
SECTION I. The Town hereby approves the Boundary Line Adjustment Agreement
attached hereto as. Attachment 1.
A RESOLUTION:
-2-
APPROVAL OF A BOUNDARY LINE ADJUSTMENT
SECTION II. The Town Attorney for the Town of Leesburg is hereby authorized to act
on behalf of the Town of Leesburg 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 8th day of February, 2000.
ATTEST:
Clerk of ~ouncil /~ ff~'/ff
B. J. Wf~ob, Vice Mayor
Town of Leesburg
R: BLA
Boundary Line Adjustment Agreement
This Agreement is made and entered into this ~ day of ,
2000, 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 (herein~.fter the
"Town"), acting by and through its governing body the Town Councii of t,he Tcv,'n
of Leesburg, Virginia, party of the second part.
WlTNESSETH'
Where,~s, 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 then Chapter 26.1:1 of Title 15.1 cf the
Code of Virainia (1950), as amended, and by a special court duly constituted and
convened pursuant to then Chapter 26.2 of Title 15.1 of the Code of Vircfinia
(1950), as amended; and
Whereas, there is 77.85768 acres of land, more or less, owned by the
Town of Leesburg, consisting of two (2) parcels of land containing 25.4316 acres
and 52.3168 acres, respectively, 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
for the extension of Town utilities to such land; and
Whereas, Section 15.2-3106 of the Code of Vircfinia (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 ~: ;=
po,,c,..s and guidelines of the Annexation Area Development Policies an~ in
the best interest of the citizens of the Town, the County and the Commonwealth
of Virginia; and
Now Therefore, the parties hereto hereby agree as follows:
1. The boundary line which is hereby agreed to, and which is 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 12122199 ("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
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 Town Attorney are hereby authorizec
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 or~ler designating and establishing the new boundary line be entered in
accordance with Section 15.2-3106 et. sea. of the Code of Virainia (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 entn:.'
COUNTY OF LOUDOUN, VIRGINIA
By:
Scott York, Chairman
Board of Supervisors
ATTEST:
STATE OF VIRGINIA
COUNTY OF LOUDOUN, to-wit:
The foregoing instrument was executed and acknowledged before me by
Scott York, Chairman of the Loudoun County Board of Supervisors, this the ~
day of ,2000.
Notary Public
My Commission Expires:
TOWN OF LEESBURG, VIRGINIA
By:
James E. Clem, Mayor
Town of Leesburg
ATTEST:
Clerk of Council
STATE OF VIP, GINIA
COUNTY OF LOUDOUN, to-wit:
The foregoing instrument was executed and acknowledged before me by
James E. Clem, Mayor of the To~vn of Leesburg, Virginia, this the __ day of
,2000.
My Commission Expires:
Notary Public