HomeMy WebLinkAbout1999- 7 Recorded CopyEagle County, CO 201224634
Teak J Simonton 12/07/2012
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REC: $26.00 DOC: $0.00
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ORDINANCE NO. 7
Series of 1999
AN ORDINANCE ANNEXING AN AREA COMMONLY KNOWN AS AROSA/GARMISCH,
AND SETTING FORTH DETAILS IN REGARD THERETO.
WHEREAS, the Town of Vail has acquired 2.66 acres in the Arosa/Gramisch area from
the United States Forest Service pursuant to the Land Ownership Adjustment Agreement; and
WHEREAS, this annexation of unincorporated municipally-owned land is being
completed pursuant to Section 31-12-106(3) of the Colorado Revised Statutes; and
WHEREAS, such unilateral annexation does not require notice and hearing as provided
in Sections 31-12-108 and 31-12-109; and
WHEREAS, the Town Council, pursuant to Resolution No. 5, Series of 1999, has in
place a plan for the area to be annexed; and
WHEREAS, this is an area eligible for annexation as set forth in Sections 31-12-
104(1)(a) and 31-12-105.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF
VAIL, COLORADO, THAT:
Section 1. Annexation of the area commonly known as Arosa/Garmisch consisting
of 2.66 acres being an unplatted portion of the SE ��4� SE'/4, SE'/4, SW'/4 of Section 11,
Township 5 South, Range 81 West, as shown on Exhibit A attached hereto:
A. The area proposed to be annexed is owned by the annexing municipality and is
not solely a public street or right-of-way.
B. Not less than 1/6 of the perimeter of the area proposed to be annexed is
contiguous with the annexing municipality.
C. A community of interest exists between the area proposed to be annexed and
the annexing municipality.
D. Said area is urban or will be urbanized in the near future.
E. Said area is integrated with the annexing municipality and is consistent with the
Comprehensive Open Land Plan.
F. This annexation fulfills all requirements of Section 13-12-105, Limitations in the
Colorado Revised Statutes, including that the municipality has in place a plan for that area as
required by Section 31-12-105(1)(e).
Section 2. Annexations costs. All costs and expenses connected with the annexation
shall be paid by the Town of Vail, Colorado.
Section 3. Filing Copies of the Annexation Plan and Annexing Ordinance.
A. A copy of the annexation map (Exhibit A) with the original of this annexation
ordinance shall be filed in the Office of the Town Clerk of the Town of Vail.
B. The Town Clerk shall file for recording two (2) certified copies of this annexation
ordinance and a map of the area annexed containing a legal description of such area with the
County Clerk and Recorder of Eagle County, Colorado.
C. The County Clerk and Recorder of Eagle County shall be directed to file one (1)
certified copy of the annexation ordinance and map with the Division of Local Government of
the Department of Local Affairs.
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Section 4. Within ninety (90) days after the effective date hereof, the Town of Vail,
Colorado shall impose zoning on the annexed area in according with Chapter 18.68 of the
Municipal Code of the Town of Vail, Colorado.
Section 5. This annexation shall take effect in accordance with the Charter of the
Town of Vail and the Statutes of the State of Colorado.
Section 6. If any part, section, subsection, sentence, clause or phrase of this ordinance
is for any reason held to be invalid, such decision shall not effect the validity of the remaining
portions of this ordinance; and the Town Council hereby declares it would have passed this
ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless
of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be
declared invalid.
Section 7. The Town Council hereby finds, determines and declares that this
ordinance is necessary and proper for the health, safety and welfare of the Town of Vail and the
inhabitants thereof.
Section 8. The amendment of any provision of the Vail Municipal Code as provided
in this ordinance shall not affect any right which has accrued, any duty imposed, any violation
that occurred prior to the effective date hereof, any prosecution commenced, nor any other
action or proceeding as commenced under or by virtue of the provision amended. The
amendment of any provision hereby shall not revive any provision or any ordinance previously
repealed or superseded unless expressly stated herein.
Section 9. All bylaws, orders, resolutions and ordinances, or parts thereof,
inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall
not be construed to revise any bylaw, order, resolution or ordinance, or part thereof, theretofore
repealed.
INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED
PUBLISHED ONCE IN FULL ON FIRST READING this 6th day of April, 1999, and a public
hearing for second reading of this Ordinance set for the 20th day of April, 1999, in the Council
Chambers of the Vail Municipal Building, Vail, Colorado.
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Attest: ' �'%%,,� C'p� GR P�� �`''���+ `
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Ludwig Kurz, M� r Pro-Tem
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L� elei onaldson, Town Clerk
201224634READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this
20th day of April, 1999.
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Larelg Doi aldson, Town Clerk
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Robert E. Ford, Mayor
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Plan for Arosa/Garmish Annexarion
An area within 3 miles of the To���n of Vail boundary.
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This plan is intended to generally describe the proposed location, character, and extent of the proposed land
uses for this annexation (see attached map). The area is intended to be utilized as a public neighborhood
park with playground, paths and trails, open spaces, and other related public amenities. In addressing the
state statutes, the following general use analysis is provided:
• Streets
No streets are planned for annexed area.
• Sub�vavs
No sub«ays are planned for anneYed area.
• Bridges
No vehicular bridges aze proposed for the annexed area. Some minor pedestrian bridges may be
constructed in conjunction with potential park/playground development.
• Watent�avs
No «�aterways are planned for annexed area.
• �Vaterfronts
No waterfronts are planned for annexed area.
• Park�vavs
No parlc�vays are planned for annexed area.
• Play�rounds
A playground is planned for the a portion of the area beinQ annexed. The area is intended to be
de�-eloped as a nei;hborhood oriented park and playground �vith other anciliary uses.
• Squares
No squares are planned for annexed area.
• Park,
Ttus area is intended to serve as a neighborhood park.
• Aviation fields
No aviation fields are planned for annexed area.
• Other public ways
The area may include pedestrian walkways, paths, and trails.
• Grounds and Open Spaces
The area is intended to be utilized as public land and includes some areas of open space.
• Public Utilities
The area is intended to be served by utilities and may contain easements and the like to serve uses
on the site.
• Terminals for water, light sanitation, transportation and power
No such terminals are planned for annexed area.
201224634 \\VAIUDATA\everyone\dom�3mile.doc Exhibit A
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