HomeMy Public PortalAbout2002_05_29_r081 Correcting Notice of Intent to Adopt a Boundary Line AgreementThe Town of
Leesburg,
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RESOLUTION NO.
A RESOLUTION:
2002-81
PRESENTED May 29, 2002
ADOPTED May 29, 2002
CORRECTING RESOLUTION NO. 2002-69 REGARDING 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, on May 14, 2002, the Council adopted Resolution No. 2002-69 entitled
"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;" and
WHEREAS, Resolution No. 2002-69 should be corrected in several respects.
THEREFORE, RESOLVED by the Council of the Town of Leesburg, Virginia as
follows:
SECTION I. Resolution No. 2002-69 is corrected to read as follows:
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 NOTICE
THEREOF AND NOTICE OF A PUBLIC HEARING THEREON
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 67.482
acres of land, more or less (the "School Board Property"), desires to bring the
School Board Property 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, a section of State Route 837, containing 1.4314 acres of land,
more or less (the "State Road Right-of-Way"), lies between the School Board
Property and the existing boundary line between the County and the Town; and
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A RESOLUTION:
CORRECTING RESOLUTION NO. 2002-69 REGARDING 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, the Town Council of Leesburg has considered the proposed
developments and has determined that it is appropriate to bring the School Board
Property and the State Road Right-of-Way, together compromising 68.9134 acres
of land, more or less, within the Town limits for the purpose of considering the
proposed development applications on the School Board Property; 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 and notice of a public hearing.
SECTION II. A notice of intent to approve the Boundary Line
Adjustment Agreement, a descriptive summary of the Boundary Line Adjustment
Agreement between the Town and County and notice of a public hearing 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 29th day of May 2002.
Mayor
Town of Leesburg
A/~EST:
erk of Council
R2:Boundary line adjustment2
DRAFT 5/23/02
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 are 67.482 acres of land, more or less, owned by the Loudoun
County School Board (the "School Board Property") 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; and
WHEREAS, a section of State Route 837, containing 1.4314 acres of land, more or less,
(the "State Road Right-of-Way") lies between the School Board Property and the existing boundary
line between the Town and the County; and
WHEREAS, it is the desire of the Town and the County to bring the School Board Property
and the State Road Right-of-Way, together comprising 68.9134 acres of land, more or less, within
the jurisdiction of the Town for the purpose of reviewing the proposed development applications
for the School Board Property and for the extension of Town utilities to 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
68.9134 acres of land, 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 and
revised May 3, 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:
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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:
APPROVED AS TO LEGAL FORM:
Notary Public
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.
Notary Public
My Commission expires:
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