HomeMy Public PortalAbout2002_05_14_r069 Notice of Intent to Adopt a Boundary Line AdjustmentThe Town of
l eesburg,
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RESOLUTION NO.
A RESOLUTION:
PRESENTED May 14, 2002
2002-69 ADOPTED May 14, 2002
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 School Board of Loudoun County, as owner of 67.781 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 middle school and an elementary 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, RESOLVED by the Council of the Town of Leesburg in 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.
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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
SECTION II. A descriptive summary of the Boundary Line Adjustment Agreement
between the Town and County shall be published once a week for two consecutive weeks in the
Leesburg Today and 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.
SECTION III. The 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 14th day of May 2002.
ATTEST:
of Council
R2:Boundary line adjustment
Town of Leesburg
BOUNDARY LINE AD~IUSTMENT AGREEMENT
THIS AGREEMENT is made and entered into this __ day of 2002, 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 (hereinafter the "Town"), acting by and through its governing body the Town
Council of the Town of Leesburg, Virginia, party of the second part.
WITNESSETH:
WHEREAS, there is 67.781 acres of land, more or less, owned by the Loudoun
County School Board located within an unincorporated area of the County, upon which a middle
school and elementary school for the Leesburg area are proposed to be constructed.
WHEREAS, it is the desire of the Town and the County to bring the 67.781 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 o£ 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
67.781 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 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 Timmons and dated April 11, 2002
("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 April, 2002 Boundary Line Adjustment" and prepared by
Timmons ("Exhibit B"), which are both attached hereto and made a part of the Agreement.
2. The County Attorney 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 be entered in accordance with Section 15.2-3106 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.
APPROVED AS TO LEGAL FORM: COUNTY OF LOUDOUN, VIRGINIA
By:
Scott K. York, Chairman
Board of Supervisors
ATTEST:
COMMONWEALTH OF VIRGINIA
COUNTY OF LOUDOUN, to-wit:
The foregoing instrument was executed and acknowledged before me by Scott K. York,
Chairman of the Loudoun County Board of Supervisors, this the __ day of
2002.
My Commission expires:
Notary Public
APPROVED AS TO LEGAL FORM: TOWN OF LEESBURG, VIRGINIA
By:
B. J. Webb, Mayor
Town of Leesburg
ATTEST:
Clerk of Council
COMMONWEALTH OF VIRGINIA
COUNTY OF LOUDOUN, to-wit:
The foregoing instrument was executed and acknowledged before me by B. J. Webb, Mayor
of the town of Leesburg, Virginia, this the __ day of ,2002.
My Commission expires:
Notary Public
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