20010213 r-01-5RESOLUTION NO. R-01-5
A RESOLUTION TO AUTHORIZE THE MAYOR TO EXECUTE A BOUNDARY
ADJUSTMENT AGREEMENT BETWEEN THE CITY AND FAIFAX COUNTY, AND
TO DIRECT THE CITY ATTORNEY TO PETITION THE CIRCUIT COURT TO
ENTER AN ORDER APPROVING THE BOUNDARy ADJUSTMENT AGREEMENT
WHEREAS, the City and County agree that their common boundary should be
relocated so that a 12.07987-acre portion of a certain 39.37446-acre parcel shall be included
within the City; and
WHEREAS, the 39.37446-acre parcel to be affected by this boundary change is
described as that parcel being shown generally on City Tax Map No. 58-1 ((2)) Parcel 23, and
on County Tax Map No. 58-2 ((1)) Parcel 14; that parcel being the same property acquired by
Texaco Refining and Marketing, Inc., and recorded in the land records of Fairfax County in
Deed Book 8199 at page 323 ("Krasnow Property"); and
WHEREAS, the City has determined that it is in the best interest of the City to
proceed with the aforesaid boundary adjustment.
NOW, THEREFORE, BE IT RESOLVED by the City Council that the Mayor of the
City is hereby authorized to execute the boundary adjustment agreement attached hereto
between the City and Fairfax County.
BE IT FURTHER RESOLVED that the City Attorney is hereby directed to jointly
petition the Circuit Court along with the Fairfax County Attorney to enter an order approving
the boundary adjustment agreement.
ADOPTED this 13th day of February, 2001.
Mayor
ATTEST:
AGREEMENT TO RELOCATE THE BOUNDARY BETWEEN THE CITY OF
FAIRFAX, VIRGINIA, AND THE COUNTY OF FAIRFAX, VIRGINIA
This Agreement is made and entered into this __ day of~., 2001,
between the City of Fairfax, Virginia, a municipal corporation (hereinafter
"City"), and the County of Fairfax, Virginia, a political subdivision
(hereinafter "County"), in accordance with the provisions of Va. Code Ann.
§§ 15.2-3106 through 15.2-3108 (Michie 1997).
Whereas, the City and the County agree that their common boundary should be
relocated so that a 12.07987-acre portion of a certain 39.37446-acre parcel shall be
included within the City; and
Whereas, the 39.37446-acre parcel to be affected by this boundary change is
described as that parcel being shown generally on City Tax Map No. 58-1 ((2)) Parcel 23,
and on County Tax Map No. 58-2 ((1)) Parcel 14; that parcel being the same property
acquired by Texaco Refining and Marketing, Inc., and recorded in the land records of
Fairfax County in Deed Book 8199 at page 323 ("Krasnow Property"); and
Whereas on __, 2001, and on __, 2001, respectively, the governing bodies of the
City and the County expressed their intentions to relocate their boundary as described
herein; and
Whereas, by separate resolutions adopted on __, 2001, and __, 2001,
respectively, the governing bodies of the City and the County, after providing notice and
conducting public heatings, as required by Va. Code Ann. § 15.2-3107, approved this
Agreement and authorized the execution thereof by the Mayor of the City and by the
Chairman of the Board of the County, on behalf of the respective governing bodies of the
City and the County; and
Whereas, the City and the County agree that the relocated boundary line should be
established as described herein by agreement and that the City and the County jointly
should petition the Circuit Court of Fairfax County pursuant to Va. Code Ann.
§ 15.2-3108 for the entry of an order approving this Agreement and establishing the
relocated boundary line; now therefore, in consideration of the mutual promises and
covenants contained herein,
The City and the County agree as follows:
Section 1. The present boundary line that now traverses through the Krasnow
Property shall be relocated eastward within the Krasnow Property to a new course
described in a document entitled Description of Part of the Property of Texaco Refining
and Marketing, Inc., Providence District, Fairfax County, Virginia (hereinafter
"Description"), and shown on a plat entitled Plat Showing Jurisdictional Boundary
Revision Thru the Property of Texaco Refining and Marketing, Inc., prepared by Robert
S. Schwenger of Dewberry & Davis, LLC, and dated July, 2000 (hereinafter "Plat"). The
Description and the Plat are attached to this Agreement and incorporated herein.
Section 2. The City and the County jointly will petition the Circuit Court of
Fairfax County, pursuant to Va. Code Ann. § 15.2-3108, to have this Agreement
approved by the Court and to have their common boundary relocated and established as
herein agreed.
Section 3. The City and the County each agree to perform any and all
requirements of Va. Code Ann. § § 15.2-3106 through 15.2-3108 that are necessary to
implement this Agreement and to relocate the boundary to the course described in
Section 1, above.
Section 4. The City and the County shall pay for any and all of their own
costs that may be incurred in this boundary relocation, and the City shall be responsible
for paying for the cost of publishing this Agreement in a newspaper having general
circulation in the City and the County in accordance with Va. Code Ann. § 15.2-3107.
Section 5. Subject to approval by the Circuit Court of Fairfax County, and
subject to federal preclearance of Fairfax County as required by Section 5 of the federal
Voting Rights Act of 1965, as amended, 42 U.S.C. § 1973c and 28 C.F.R. Part 51, this
boundary relocation shall become effective at 12:01 a.m. on June 15, 2001.
In witness of the foregoing, the City and the County have caused this Agreement
to be signed by the Mayor of the City and the Chairman of the Board of the County, on
behalf of the respective governing bodies of the City and the County.
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For the City of Fairfax, Virginia
"John Mason
Mayor of the City of Fairfax
ATTEST:
Clerk of the City of Fairfax
For the County of Fairfax, Virginia
Katherine K. Hanley
Chairman, Fairfax County Board of Supervisors
ATTEST:
Clerk of the Board of Supervisors
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