026-05BY ORDINAN O REQUEST BY THE OWN OFA T p1~EN ~ TT.Y
Whereas, pursuant to the Voluntary Settlement Agreement, hereinafter, the "Annexation
Agreement" between the County of Frederick, hereinafter the "Coup
Stephens Ciry, hereinafter, the "Town", dated March 24, 2004, the Frederick County Board of
Supervisors, hereinafter the "Board" granted the Stephens Ciry Town Council, hereinafter, the
"Town Council" the right to a phased annexation of approximately 350 acres of land south of the
current corporate limits of the Town of Stephens City, hereinafter, the ``Phase II Annexation
Area"; and
Whereas, pursuant to Section 4.3 of the Annexation Agreement, prior to the Town
Council voting to adopt an ordinance to annex any tax parcels currently within the Phase II
Annexation Area, the Town Council, under Section 4.5(B) of the Annexation Agreement, must
provide a Notice of Annexation to the County thereby declaring the Town's intent to annex any
tax parcel within the phase II Annexation Area; and
Whereas, pursuant to Section 4.3(C) of the Annexation Agreement, the Town is
permitted to annex tax parcels where the owner of the tax parcels in question actually request in
writing to be annexed into the Town and the parcels are contiguous to the current Town
boundary at the time of the written request; and
Whereas, pursuant to Section 4.5(B) of the Annexation Agreement, the Town must
include in any Notice of Annexation they send to the County: (1) a metes and bounds
description of the tax parcels within the phase II Annexation Area to be annexed by the Town,
(2) a Plat of the tax parcels within the Phase II Annexation Area to be annexed by the Town, and
(3) a written statement of the Town's basis for annexing the parcels, including references to the
specific subsections of the Annexation Agreement that pernut the annexation of the specific tax
parcels by ordinance; and
Whereas, following receipt by the County of the Town's Notice of Annexation of specific
parcels in the Phase II Annexation Area, the Board of Supervisors has a sixty (60) day notice
period to consent to the proposed annexation of the tax parcels within the Phase II Annexation
Area because the annexation is permitted under the terms of the Annexation Agreement; and
Whereas, as the terms of the Annexation Agreement relate to this particular annexation
request by the Town, the Village at Stephens City L.L.C. has requested, by letter dated August
2, 2005, that the Town annex its property into the Town; and
Whereas, during its September 6, 2005 meeting, the Town of Stephens City adopted a
Resolution of Intent to Adopt an Ordinance of Annexation of the four tax parcels totaling
approximately 99.981 acres owned by the Village Stephens City L.L.C.; and
Whereas, pursuant to Section 4.3(C) of the Annexation Agreement, the Lands of the
Village at Stephens City to be annexed into the Town is wholly within the Phase II Annexation
Area and the land also adjoins the current southern corporate limits of the Town of Stephens
City; and
Whereas, during the same September 6, 2005 meeting, the Town of Stephens City
authorized its Mayor to provide to the County, pursuant to Section 4.5(B) of the Annexation
Agreement, a Notice of Annexation in the form of a Resolution of Intent to Adopt the Ordinance
of Annexation along with four exhibits required to be forwarded to the County under Section
4.5(B) of the Annexation Agreement including:
1. A letter dated August 2, 2005 from Village at Stephens City L.L.C., by counsel, Clifford
L. Athey, Jr. , Esquire to Michael K. Kehoe, Town Administrator for the Town of Stephens City
requesting that the Town annex the lands of the Village at Stephens City L.L.C., in part, because
the land is wholly within the Phase II Annexation Area and is contiguous with the current Town
Boundary.
2. A Plat of the Lands of Village at Stephens City to be Annexed into the Town of Stephens
City prepared by Randy L. Stowers C.L.S. of Montgomery Engineering Group Inc.
3. A metes and bounds description of Tax Map parcels 85-A-53, 85-A-53(A), 85-2-B, and
85-2-C totaling 99.981 acres (The Lands of the Village at Stephens Ciry L.L.C.) which is to be
annexed into the Town of Stephens City by ordinance.
4. A letter from Mayor Ray Ewing to Chairman Richard Shickle and Members of Frederick
County Board of Supervisors stating the Town of Stephens City's Basis for the Phase II
Annexation of the Lands of the Village at Stephens City pursuant to the Annexation Agreement
between the Town of Stephens City and Frederick County as required by the Annexation
Agreement. The letter lists twelve separate subsections under the Agreement which permit
Stephens City's requested annexation of the Lands of Village at Stephens City by ordinance; and
Whereas, pursuant to the Resolution adopted by the Town Council at its September 6,
2005 meeting, the Town intends to authorize an advertisement for a Public Hearing at its
December 2005 meeting in order to consider adoption of the annexation ordinance; and
Whereas, the Resolution also requests that the County notify the Town on or before
November 25, 2005 (60 day notice period) that it consents to the annexation because the County
agrees that it is permitted under the terms of the Annexation Agreement or in the event the
County objects to the annexation, the Town requests that the County state in writing why it feels
that the annexation is not permitted under the terms of the Annexation Agreement.
NOW, THEREFORE BE IT RESOLVED by the Board of Supervisors of the County of
Frederick, in a meeting held on the 26 day of October , 2005;
1. The Board of Supervisors of the County of Frederick, by this Resolution, pursuant to
Section 4.5(C) of the Voluntary Settlement Agreement Between the Town of Stephens City and
Frederick County gives notice to the Town of Stephens City that it does not object to the
proposed annexation of the lands of the Village at Stephens City because it is the opinion of a
majority of the Board of Supervisors that the proposed annexation is in compliance with the
Agreement.
2. The Board of Supervisors of the County of Frederick authorizes and directs its Chairman
to execute this Resolution on behalf of the Board and further that he communicate to the Town of
Stephens City the Board's consent to the Phase II Annexation by the Town of Stephens Ciry of
the lands of the Village at Stephens City.
Chairman, Richard Shickle
ATTEST:
l,,
~' t
Jo R ;Riley
Cl r` , of Board o Supervisors of Frederick County
Board Resolution No.: 026-05
COUNTY of FREDERICK
John R. Riley, Jr.
County Administrator
540!665-5666
Fax 540/667-0370
October 27, 2005 E-mail:
jriley @ co.frederick.va.us
Clifford L. Athey, Jr.
Napier, Pond, Athey & Athey, P.C.
P. O. Box 395
Front Royal, VA 22630
Dear Mr. Athey:
The Frederick County Board of Supervisors, meeting in regular session on October 26, 2005,
approved the Resolution Consenting to Phase II Annexation by Ordinance Request by the Town of
Stephens City. Please find the executed resolution enclosed.
With kindest regards, I am
Stely,
`~ E
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John R. Riley, Jr.
County Administrator
JRR/tjp
Enclosure
cc: Mike Kehoe, Town Manager, Town of Stephens City
Ci ~T)P\s[ephenscity\Annexation\Le[AtheyClayReslutnPhasellAtmexamQ 02605BdM[g).wpd
]07 North Kent Street Winchester, Virginia 22601-5000
NAPIER, POND, ATHEY &ATHEY, P.C.
ATTORNEYS AT LAW
35 N. ROYAL AVENUE
P.O. BOX 395
FRONT ROYAL, VIRGINIA 22630
RONALD LEWIS NAPIER
J. DANIEL POND II
KIMBERLY M. ATHEY
CLIFFORD L. ATHEY, JR. October 11, 2005
J. DANIEL POND III
JOHN S. BELL
Jay Tibbs
Clerk of the Frederick County Board of Supervisors
County Aaministration Building, 3`~ Floor
107 North Kent Street
Winchester, Virginia 22601
Dear Jay:
PHONE (540) 635-2123
FAX (540) 635-7004
lawyers@npaalaw.com
PLEASE REFLY TO:
FO. BOX 395
Following discussions with Opequon District Supervisor, Bill Ewing, who is sponsoring
the matter, I request that you place the Phase II Annexation Request of the Town of Stephens
City on the October 26, 2005 Agenda of the Board of Supervisors for adoption of a Resolution
Regarding the Phase II Annexation request.
I have attached a Resolution for adoption by the Board consenting to the Phase II
Annexation by Ordinance of the Lands of Village at Stephens City as a result of the Annexation
by Ordinance being consistent with the Joint Agreement between Frederick County and the
Town of Stephens Ciry. In the event the Board does not adopt the Resolution then they are
required to list in writing their reasons why the proposed annexation is not consistent with the
Joint Agreement. For my client's sake, hopefully that will not occur.
Thanks for all of your assistance in this matter and I look forward to speaking with you
after you have received the draft Resolution.
Sincerely,
L. At~Ie~y, Jr.
Enclosure as stated
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