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HomeMy Public PortalAbout2002_05_14_r069 Notice of Intent to Adopt a Boundary Line AdjustmentThe Town of l eesburg, _ rg nta 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. -2- 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 3