HomeMy WebLinkAbout1974-20 Emergency Ordinance Amedning the Ordinance Annexing a Portion of the Bighorn Area to the Town by the Incorporation therein of the Correct Legal Description of the Annexed Area•
OR.DINAIICE NO . 2 0
Series of 1974
AN EMERGENCY ORDINANCE., AMENDING THE ORDI-
NANCE ANNEXING A PORTION OF THE BIGHORN
AREA TO THE TOWN BY THE, INCORPORATIOPI
THE REIN OF THE CORRECT LEGAL DESCRIPTION
OF THE ANNEXED AREA
•
WHEREAS, the Town of Vail, Colorado, hereinafter
referred to as the "Town", annexed a portion of the Bighorn
area, County of Eagle, State of Colorado, through the enact-
ment by the Town Council of Ordinance No. 13, Series of 1974,
on the 3rd day of September, 1974, the effective date of which
was the 11th day of September, 1974;
WHEREAS, the legal description of the annexed area,
set forth in Exhibit A of said annexation ordinance, contained
ministerial. errors, to-wit the erroneous designations of
Range 80 as Range 81 and Range 79 as Range 80;
WHEREAS, in order to correct the legal description
of the annexed area in all documents pertaining to the annexa-
tion which contain the aforesaid ministerial errors the Town
obtained from the District Court in and for the County of
Eagle, State of Colorado, an Amended Order Authorizing Annexa-
tion which will take effect nunc pro tunc as of the filing or
effective date of said documents; and
WHEREAS, the Town Council finds that it is necessary
for the preservation of public property, health, welfare,
pc:ar_e, or safety to enact this ordinance as an emergency mea-
sure so as to incorporate the correct legal description of the
annexed area in thc~ annexation ordinance and to preclude any
issue as to the efficacy of the annexation;
NOW, THEREFORE, BE IT OF.DAINED BY THE TOWN COUNCIL
OF THE TOPIN OF VAIL, COLORADO, AS FOLLOWS:
• r • ~
Section 1. Title.
This ordinance shall be known as the "Ordinance
Amending Bighorn P_nnexation Ordinance by Sncorporating Cor-
rect Legal Description of Annexed Area".
Section 2. Amendments to Ordinance Annexing a
Portion of the Bighorn Area to the Town.
The following sections of Ordinance No. 13, Series
of 1974, of the Town of Vail, Colorado, are hereby amended as
hereinafter provided:
A. Section 2 is amended to read as follows:
Section 2. Annexation of a portion of the Bighorn
area to the Town.
Pursuant to the Amended Order Authorizing Annexation
of the District Court in and for the County of Eagle, State of
Colorado, entered on the 25th day of October, 1974, taking
effect nunc pro tunc as of the filing or effective date of
all documents pertaining to the annexation, a certified copy
of which is attached hereto and made a part hereof, the Town
of Vail, Colorado, hereby annexes without special terms or
conditions a portion of the Bighorn area, County of Eagle,
State of Colorado, described in Amended Exhibit A Legal Des-
cription of said order.
B. Section 4 is amended to read as follows:
Section 4. Filing of_ annexation plat.
Within thirty days after the effective date hereof
the Town Clerk of the Town of Vail, Colorado, shall file one
copy of the Amended Annexation Plat, a copy of which is on
file in the District Court in and for the County of Eagle,
State of Colorado, with the original of this annexation ordi-
nance in the records of the Town, one copy of said plat with
the County Clerk and Recorder of the County of Eagle, State
of Colorado, and one copy of said plat with the Division of
Local Government of the Department of Local Affairs, State of
Colorado.
2
• • • • •
Section 3. Effective date of amendments to annexa-
tion ordinance.
The amendments to the annexation ordinance set forth
in Section 2 hereof shall take effect nunc pro tune as of the
effective date of said ordinance, to-wit the 11th day of
September, 1974.
Section 4. Effective date.
This ordinance shall take effect upon the passage
hereof.
INTRODUCED, READ AS AN EMERGENCY ORDINANCE, APPROVED,
ENACTED TO TAKE EFFECT UPON FINAL PASSAGE ON THIS DATE, AND
ORDERED PUBLISHED ONCE IN FULL WITHIN TEN DAYS AFTER PASSAGE
OR AS SOON AS POSSIBLE, this 5th day of rlovember, 1974.
ATTEST:
~,~r,~~aG~GG
Town
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3
• • • ~
IN THE DISTRICT COURT IN AND FOR THE
COUNTY OF EAGLE
STATE OF COLORADO
Civil Action No. 2206
IN THE MATTER OF THE )
ANNEXATION OF A PORTION )
OF THE BIGHORN AREA, )
EAGLE COUNTY, COLORADO, )
TO THE TOWN OF VAIL, )
COLORADO )
'~ • .
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~;~~;±e Ca,~~~fy, t ~,~,x~~,~~v
C~r,~1i?~_+ t~~ be f~.~~, t~ ., ....a cn~Y~..t
Date __e2..,~f~S? ~
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. Deputy Clerk
AMENDED ORDER
AUTHORIZING ANNEXATION
After consideration of the ex parte Motion For Amended
Order Authorizing Annexation filed herein pursuant to Section 139-
21-11 , Colorado Revised Statutes 1963, as amended, and there being
good cause therefor,
IT IS HEREBY ORDERED as follows: ~
1 . The ministerial errors in the legal description of the
annexed area contained in Exhibit A of the Petition to Hold an Annexa-
tion Election, the Annexation Ptat, and various other documents filed
herein and pertaining to the annexation, to-wit the erroneous designa-
tions of Range 80 as Range 81 and Range 79 as Range 80, were technical,
minor, and had no appreciable effect on the annexation election and
constituted harmless errors with respect to the annexation.
2. The correct legal description of the annexed area is set
forth in Amended Exhibit A Lega! Description which is attached hereto
and made a part hereof.
3. All documents filed herein and pertaining to the annexa-
tion which contain the aforesaid ministerial errors in the legal descrip-
tion of the annexed area are amended by the substitution therein of the
Legal description of the annexed area set forth in A mended Exhibit A
Legal Description for the erroneous legal description.
~ . • ~ •
4. In accordance with the result of the annexation election
he id on the 6th day of August, 1974, wherein there were 151 votes for
annexation and 68 votes against annexation, a majority of the votes
cast being in favor of annexation, the Town of Vail, Colorado, is
authorized to annex without special terms or conditions a portion of
the Bighorn area, Eagle County, Colorado, described in Amended •~~
Exhibit A Legal Description.
• 5 . A Il costs and expenses connected with the annexation.,
including commissioner Fees not exceeding For each commissioner
$2.00 for each hour of necessary service, shall be paid by the Town
of Vail, Colorado.
6. Petitioner will forthwith File herein an Amended Annexa-
tion Plat which contains the legal description of the annexed area set
forth in Amended Exhibit A Legal Description.
7. With respect to all documents filed herein and pertaining
to the annexation upon the filing hereof this order will take effect nu nc
pro tunc as of the filing or effective date of said documents.
DATED: Eagle, Colorado, this 25 day of October,
1974.
Charles R. Casey
JUDGE OF THE ABOVE ENTITLED COURT
• . • ~ •
AMENDED
EXHIBIT A
LEGA L DESCRi PTION
A parcel of land lying in the south 1/2 of Section 2, Township 5 south, range
80 west, the south 1 /2 of the south 1 /2 of Section 3 , Township 5 south, range
80 west, the east 1 /2 of the northeast 1 /4 of Section 1 1 , Township 5 south,
range 80 west, the west 1 /2 and the southeast 1 /4 of Section 12, Township
5 south, range $0 west, the northeast 1/4 of the northeast 1/4 of Section 13,
Township 5 south, range 80 west, and the northwest 1 /4 of the northwest 1 /4
of the northwest 1/4 of Section 18, Township 5 south, range 79 west of the '
6th principal meridian, Eagle County, Colorado, and described as: Beginning
at the southeast corner of said Section 3; thence along the south line of said
Section N 89°23'38" W 3678.17 feet; thence N 63°01'24" E 665.00 feet; thence
N 17°01'24" E 255.00 feet; thence N 58°01'24" E 380.00 feet; thence N 15°10'13"
W 126.41 feet; thence N 70°39'43" E 230.00 Feet; thence S 67°20'17" E 300.00
feet; thence S 83°20' 17" E 300.00 feet; thence N 8°38'29" W 414.45 Feet to the
south right-of-way Line of Interstate 70; thence along said south line on the
following courses: S 89°59'52" E 868.80 feet, N 65° 10'31" E 32.95 Feet to
the northwest corner of Vail Village Eleventh Filing; thence along the western-
most line of said Subdivision on the following courses: S O°04'57" E 27.22 feet;
S 30°46' 13" W 194.73 feet; S 50°35' 14" W 52 .77 feet; thence along the southern-
most line of said Subdivision on the following courses: S 62°07'44" E 564.72
feet; S 80°32'00" E 225.00 Feet; N 45°28'00" E 280.00 feet; N 64°28'00" E;
180.00 feet; N 89°58'30" E 410.00 feet; N 74°00'00" E 220.00 feet; S 89°39'00"
E 270.00 feet; N 33°30'00" E 220.00 feet; N 14°56'18" E 62.67 feet to the south
right-of-way tine of Interstate 70; thence N 14°56' 18" E 337.48 feet to the north
right-of-way line of Interstate 70 and the southernmost line of Vail Village
Twelfth filing; thence along said common line on the following courses: S
87°33'05" E 811 .08 feet; N 86°4i'40" E 645.34 feet; a curve to the right of
which has a radius of 2190.00 Feet and interior angle of 7°11'20", the long
chord of which bears S 75°06'11" E 274.59 feet; thence along said north right-
oF-way line on a curve to the right which has a radius of 2190.00 feet and inter-
ior angle of 1 °47'47", the tong chord of which bears S 70°29'44" E 68.66 Feet;
thence S 56°17'06" E 425. ~ C Feet; thence N 89°58'38" E 2227.73 Feet to the
east tine of said Section 2; thence along said east line S 0°25'02" E 1311 .44
feet to the northwest corner of said Section 12; thence along the north line of
said Section N 89°46'04" E 1325.25 feet; thence S 0°22'32" E 864.47 feet to
the north right-oF-way Line of Interstate 70; thence along said north line S
39°15'51" E 595.60 feet; thence N 89°56'11" E 950.37 feet; thence S 0°20'04"
E 513.23 feet to the north right-of-way line of Interstate 70; thence S 0°20'04"
E 504.83 Feet to the south right-of-way line of Interstate 70; thence S 0°20'04"
E 312.00 feet; thence S 89°52'42" E 1329.00 feet; thence S 0°03'00" E 1325.45
feet; thence N 89°56'13" E 1316.11 feet; thence S 0°00'00" 1320.85 feet to the
northwest corner of said Section 18; thence along the north Line of said Section
18 S 89°53'24" E 247.70 feet; thence S 25°01'59" W 585.38 Feet to the west
tine of said Section 18; thence N 90°00'00" W 7.00 feet; thence S 0°00'00" 177.00
feet; thence N 90°00'00" E 7.00 feet to the east line of said Section 13; thence
S O°00'00" 614.81 feet; thence N t~9°53'24" W 1306.85 feet; thence N 0°00'00"
1322.68 feet to the south line of said Section 12; thence along said south tine
N 89°53'24" W 1306.85 Feet; thence N 0°48' 18" W 1312 .99 feet; thence N
89°57'00" W 1123.90 feet; thence N 89°49'09" W 1541 .45 feet to the west line ..~,
of said Section 11; thence along said west line N 0°19'00" W 1983.12 feet; thence
S 89°50'54" W 662.59 feet; thence N 0° 19'04" W 660.59 feet; thence N 89°49'06"
W 662.59 feet; thence N 0°02'40" E 1320.76 feet to the south Line of said Section
2; thence along said south line N 89°52'42" W 1325.25 feet; thence N 89°43'45"
W 2692.51 feet to the true point of beginning, a tract of land which contains
653.464 acres, more or less .