HomeMy Public PortalAbout2006_04_11_r061
The Town of
Leesburg,
Virginia
PRESENTED April 11. 2006
RESOLUTION NO. 2006-61
ADOPTED April 11. 2006
A RE SOLUTION: APPROV AL 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 Annexation Area Development Policies adopted by the Leesburg Town
Council and Loudoun County Board of Supervisors authorize the provision of water and sewer
services to property owned by PMW Farms Partnership (known as JR's Festival Lakes) and the
Central Loudoun Little League, Inc.; and
WHEREAS, the properties are located outside the Leesburg Corporate Limits and are in
the Northwest quadrant of the intersection of Rivercreek Parkway and Fort Evans Road; and
WHEREAS, the owners of the said properties have requested to be connected to the
Town's water and sanitary sewer systems and have applied for incorporation into the Town
limits for such purposes; and
WHEREAS, the Town Council policy generally deerns it appropriate to extend water and
sewer service to private property only ifit is located with in the corporate limits of the Town; and
WHEREAS, the Town Council of the Town of Leesburg desires that the existing
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
-2-
ARESOLUTION: APPROV AL OF A BOUNDARY LINE ADJUSTMENT AGREEMENT
BETWEEN THE COUNTY OF LOUDOUN, VIRGINIA AND THE
TOWN OF LEESBURG, VIRGINIA
in Attachment 1 to this Joint Resolution; and 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 Leesburg Today.
THEREFORE, RESOL VED by the Council of the Town of Leesburg in Virginia as
follows:
SECTION I. The Town hereby approves the Boundary Line Adjustment Agreement
attached hereto as Attachment 1.
SECTION II. The Town Attomey 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.
P ASSED this 11 th day of April 2006.
~.l:' G~~"'~
Kristen C. Umstattd, Mayor ~
Town of Leesburg
ATTEST:
u/. a 'ÆtUi;
R06: BLAAgmtFestivalLakes
BOUNDARY LINE ADJUSTMENT AGREEMENT
THIS AGREEMENT is made and entered into this day of 2006, by
and between the County of Loudoun, Virginia (hereinafter the "County") acting by and through its
goveming 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 goveming body the Town
Council of the Town of Leesburg, Virginia, party of the second part.
WITNESSETH:
WHEREAS, there are 113.72762 acres ofland, more or less, owned by PMW Farms
Partnership, also known as Festival Lakes (the "PMW Farms Property"), and Central Loudoun
Little League Inc. (the "Little League Property") located with in an unincorporated area of the
County; and
WHEREAS, it is the desire of the Town and the County to bring the PMW Farms Property
and the Little League Property comprising 113.72762 acres ofland, more or less, within the
jurisdiction of the Town for the purpose ofthe 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
113.72762 acres ofland, more or tess, 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 ofVirginia; 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 William H. Gordon Associates, Inc. and
dated October 29,2004 and revised May 4,2005 ("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 and Loudoun County, Virginia
Including the June, 2005 Boundary Line Adjustment" and prepared by William H. Gordon
Associates, Inc. ("Exhibit B"), which are both attached hereto and made a part of the Agreement.
2. The County Attomey and the Town Attomey 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 ofVirginia
(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.
COMMONWEAL TH OF VIRGINIA
COUNTY OF LOUDOUN, to-wit:
The foregoing instrument was executed and acknowledged before me by Swtt K . ~or,K.
Chairman of the Loudoun County Board of Supervisors, this the 1..\ day of Aç>rf J
2006.
My Commission expires:
lO-Ot-8O 'cÐGI _00 Ara
Y^ JO Hl'lWMNOWrroo
Ol J8nd AWlON
HOO>t NNYor
JbkjJ
Notary~
B
ATTEST:
~IJ/ !JU
Cl k of CouncIl
COMMONWEALTH OF VIRGINIA
COUNTY OF LOUDOUN, to-wit:
The foregoing instrument was executed and acknowledged befoTe me ~sten C.
Umstattd, Mayor of the town of Leesburg, Virginia, this the 17t17 day of ..th,
2006. (}M
dif~ ¡lj ¿ZW
No ry PublIc
My Commission expires: //- 30- 2.-ð"~