HomeMy Public PortalAbout2007_08_14_r120
The Town of
Leesburg,
Virginia
PRESENTED August 14. 2007
RESOLUTION NO. 2007-120
ADOPTED August 14.2007
ARESOLUTION : APPROVING A MEMORANDUM OF UNDERSTANDING WITH THE
NORTHERN VIRGINIA REGIONAL PARK AUTHORITY IN
RELATION TO THE OWNERSHIP OF POTOMAC CROSSING PARK
WHEREAS, in 1986, per Town of Leesburg Ordinance Number 86-0-19, the Beus
Corporation dedicated 173 acres to the Northern Virginia Regional Park Authority as part of the
approved rezoning application for the Potomac Crossing Development, now known as Balls Bluff
Regional Park; and
WHEREAS, as part of this proffer, the developer was required to construct an active
community park for Town residents on 20 acres of the 173 acres which would be leased to the Town
at no charge by the Northern Virginia Regional Park Authority, and the community park would be
operated and maintained by the Town; and
WHEREAS, in 1987, the park acre age was reduced per Town of Leesburg Ordinance
Number 87-0-35 to five acres, however in 1988, the developer received approval from the Town to
add additional amenities to the park since the HDA park site was not large enough to accommodate
some recreation features per the original development plan; and
WHEREAS, as a resuIt, the amount of acreage needed for the Potomac Crossing Park
increased to eight acres; and
WHEREAS, in March 2002, the Parks and Recreation Department and the Parks and
Recreation Advisory Commission conducted a community meeting to consider a reconfiguration of
the design plan for the park, and based on favorable responses from the community, the Park
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ARESOLUTION : APPROVING A MEMORANDUM OF UNDERSTANDING WITH THE
NORTHERN VIRGINIA REGIONAL PARK AUTHORITY IN RELATION
TO THE OWNERSHIP OF POTOMAC CROSSING PARK
Authority, and the developer the development plan was revised and deemed in general conformance
with the approved proffers by the Town's Zoning Administrator; and
WHEREAS, the Town and the Northern Virginia Regional Park Authority subsequently
drafted a long-term lease agreement that would allow for the community park to be built on land
owned by the Northern Virginia Regional Park Authority, but operated and maintained by the Town;
and
WHEREAS, the lease agreement was never executed by either party due to a variety of legal
issues; and
WHEREAS, in 2006, the Town requested that the Northern Virginia Regional Park Authority
grant outright title to the property in lieu of a long-term lease; and
WHEREAS, the staff from the Northern Virginia Regional Park Authority was generally not
opposed to this request since a long-term lease is not much different than an outright dedication, and
it would eliminate the administrative burden of another landlord-tenant arrangement for the Northern
Virginia Regional Park Authority; and
WHEREAS, the Memorandum ofUnderstanding was approved by the full Board for the
Northern Virginia Regional Park Authority on Thursday, July 19,2007; and
WHEREAS, the Parks and Recreation Advisory Commission and the Director of Parks and
Recreation recommend approval of the Memorandum ofUnderstanding with Northern Virginia
Regional Park Authority.
THEREFORE, RESOLVED by the Town Council of the Town of Leesburg in Virginia that a
Memorandum ofUnderstanding with the Northern Virginia Regional Park Authority regarding
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ARESOLUTION : APPROVING A MEMORANDUM OF UNDERSTANDING WITH THE
NORTHERN VIRGINIA REGIONAL PARK AUTHORITY IN RELATION
TO THE OWNERSHIP OF POTOMAC CROSSING PARK
ownership of the Potomac Crossing Park be approved with the following conditions in exchange for
obtaining the title:
SECTION 1. The Town will reimburse Northern Virginia Regional Park Authority $4,800 in
legal fees spent negotiating the original lease agreement.
SECTION II. The Town will reimburse Northern Virginia Regional Park Authority for
future expenses associated with the proposed land transfer up to a maximum of $3,000.
SECTION III. The Town will provide interpretive meeting and display space for use by
Northern Virginia Regional Park Authority in the future visitor center at the Town's adjacent park
site, Veterans Park.
SECTION IV. The Town will blaze natural surface trails connecting Ball's BluffRegional
Park to Potomac Crossing Park and to the future visitor center at Veterans Park.
SECTION V. The Town will erect signage at Potomac Crossing Park acknowledging that
the land for the site was dedicated by the Northern Virginia Regional Park Authority.
PASSED this 14th day of August 2007.
~~~Ma~
Town of Leesburg
ATTEST:
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R.Potomac Crossing Park MOU