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010-23 (MiddletownBoundaryLineAgreementAdjustment)COUNTY of FREDERICK Department of Planning and Development 540/ 665-5651 Fax: 540/ 665-6395 MEMORANDUM TO: Frederick County Board of Supervisors FROM: Wyatt Pearson, Director of Planning and Development RE: Middletown Boundary Line Adjustment Request th DATE: September 6, 2023 Staff received a request from the Town of Middletown to initiate a Boundary Line Adjustment by Agreement (Friendly Boundary Line Adjustment) for two parcels south of the current town limits. As outlined by the §15.2-3106 of the Code of Virginia, the boundary line between two or more localities may be relocated through an agreement by the affected localities. Prior to adopting such an agreement, each locality must advertise notice of its intention to approve a boundary line agreement and serve notice of the proposed agreement on the affected property owners. In addition, each locality must conduct a public hearing. Once the voluntary boundary line agreement has been adopted by each locality, they must petition the circuit court to approve the adjustment. th, 2023 meeting the Board acted to authorize a public hearing At the Board of Supervisors’ May 10 th on this matter. Middletown Town Council held a public hearing on August 14, 2023 and resolved to adjust the boundary line between Frederick County and the Town of Middletown for the parcels and ROW described below. AREA A Tax Map Number Property OwnerZoning District Acreage 91-A-27 SHAFFERS BBQ RA – Rural Areas 0.9153 PALACE LLC 91-A-28 PH REAL ESTATE M1- Light Industrial 12.5628 GROUP LLC US Route 11 ROW Commonwealth of VA N/A 2.5172 Total Acreage 15.9953 Additionally, in keeping with previous boundary adjustments with the incorporated Towns, staff worked with Middletown to update the Joint Administration of Proffers Agreement to ensure continued collaboration on the collection of proffers within the Town for potential impacts on County services. The Comprehensive Plan The properties in question are not subject to any Small Area Plan and are not directly addressed in any other portions of the Comprehensive Plan. They are outside of the Sewer and Water Service Area 107 North Kent Street, Suite 202Winchester, Virginia 22601-5000 & Urban Development Area, are designated as Rural Areas on the future land use map. However, both properties have existing agreements in place to facilitate future public water and sewer service that either predate board policy or were granted as exceptions. Conclusion This is a request by the Town of Middletown to conduct a Boundary Line Adjustment by Agreement. This item is advertised for a public hearing. Attachments: Middletown Resolution to Approve Agreement Regarding Boundary Line Adjustment Exhibit Plat Showing Proposed Boundary Adjustment (Exhibit A) Agreement to Change Boundary Line (Exhibit B) Joint Administration of Proffers Updated Agreement 107 North Kent Street, Suite 202 Winchester, Virginia 22601-5000 AGREEMENT TO CHANGE BOUNDARY LINE This Agreement,madeon ____________________,by andbetweenthe Countyof Frederick Town of Middletown RECITALS: A.The boundary line between the County and the Town is presently adjacent to parcels of land located onthe existing westerncorporate limits of the Town of Middletown, Virginia, identified as Tax Map Nos: 91-A-27 and 91-A-28, otherwise known as U.S. Route 11 / Valley Pike,inthe aggregate approximately 15.9953acres, and more specifically identified as individual parcels as laid out in the attached plats.. B.As shown on theplatof the subject parcelsmade by Marsh & Legg Land Surveyors, P.L.C, dated July 12, 2023,copies of which areattached hereto as Exhibit A, the boundary line is situated so that the above Parcels are in the County. C.The Towndesires to providewater,sewer, and related municipalservicestotheParcels shown in Exhibit A. D.The County and the Town, pursuant to authority granted to each of them under Title 15.2, Chapter 31, Article 2 of the Code of Virginia (1950), as amended, have agreed to change the boundary line between them at the subject Parcelsin order that the identified parcels will be within theMiddletown town limits sothe Town may provide water,sewer, and related municipalservices to theseParcels. The County and the Town wish to set forth their agreement herein. NOW THEREFORE , in consideration of the premises and the benefits inuring to the parties herefrom, it is therefore mutually agreed as follows: 1.The Recitals are made a part of this Agreement. 2.The boundary line of the Town of Middletownshall be expanded so that thetwo(2) parcels anda portion of an Valley Pike, in the aggregate approximately 15.9953 acres,more or less,shall be located wholly within the Town boundary limits. Themetes and bounds descriptionsof the Parcelsthat will be included within the Town boundary limits areattached as Exhibit A. 3.The boundary line change shall be effective upon the approval by the Circuit Court of Frederick County, pursuant to §§ 15.2-3108et seq. of the Code of Virginia (1950), as amended, encompassed in a final order establishing the new boundary, recorded in the land records and indexed in the names of the parties. 4.The parties shall jointly petition the Frederick CountyCircuit Court to approve this Agreement and establishthe new boundary within a reasonable time following execution of the Agreement. Agreement to Change Boundary Line Page 1of 2 5. The Town agrees to provide the area within the extended boundary with sewer, water, and other Town services as soon as reasonably possible upon the effective date of the boundary change. 6. The Town shall bear the expense of the advertisement of the intention of both parties to approve this Agreement, any survey costs or plat preparation charges, the filing fee for the petition to the Circuit Court to approve this Agreement, all legal expenses related to the boundary line change, and any miscellaneous fees or charges necessary to accomplish the boundary line change. The parties shall prepare all notices and pleadings required, subject to the review and approval of the County. 7. A public hearing was held, and this Agreement was authorized by resolution of the Board of Supervisors of Frederick County at its meeting held on ___________, 2023, following advertisement thereof, as required by law. 8. A public hearing was held on ______________________ and this Agreement was authorized by resolution of the Town Council of the Town of Middletown at its meeting held on _______________, following advertisement thereof as required by law. COUNTY OF FREDERICK OF THE COMMONWEALTH OF VIRGINIA By: __________________________________ Chairman of the Board of Supervisors ATTEST: __________________________________ County Administrator TOWN OF MIDDLETOWN, VIRGINIA By: _________________________________ Mayor ATTEST: _________________________________ Clerk, Town Council Agreement to Change Boundary Line Page 2 of 2