HomeMy WebLinkAbout2006-11 Annexing Certain Real Property to the Town of Vail located in Section 8, T5S, R80W of the 6th P.M.EAGLE COUNTY, CO z~0614983
• - TEAK J SIMONTON
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This is a true and certified
o~`ygftheo ' nal ~_~ ~ ORDINANCE NO.11
/~~ ti.,,^ C~s,~ SERIES OF 2006 `' t
y~ti..z l~ ~ ~oG G,
AN`dRDINANCE OF THE TOWN COUNCIL OF THE TOWN OF VAIL
ANNEXING CERTAIN REAL PROPERTY TO THE TOWN OF VAIL
WHEREAS, on February 14, 2006, The Vail Corporation, a Colorado
corporation, filed with the Town Clerk for the Town of Vail a Petition for Annexation ("Petition
for Annexation") requesting that the Town Council of the Town of Vail commence proceedings
to annex to the Town of Vail a certain parcel of land located in Section 8, Township 5 South,
Range 80 West, of the 6`~ Principal Meridian, County of Eagle, State of Colorado, the approved
final legal description of which is set forth in Exhibit A attached hereto and incorporated herein
by this ref~~;,~~ce (the "Annexation Property'); and
WHEREAS, the Town Council of the Town of Vail, by Resolution No. 6, Series
of 2006, has determined with regard to the Petition for Annexation for the Annexation Property:
(i) the applicable requirements of C.R.S. §§ 31-12-104 and 31-12-105 have been met; (ii} an
election is not required under C.R.S. § 31-12-107(2) or 31-12-112; (iii) no additional terms and
conditions are to be imposed on the annexation of the Annexation Property; and (iv) the
Annexation Property is eligible for annexation to the Town of Vail; and
WHEREAS, the Town Council of the Town of Vail held public hearings at which
it received evidence and testimony pertaining to the proposed annexation of the Annexation
Property to the Town of Vail, at the conclusion of which the Town Council of the Town of Vail
considered such evidence and testimony so introduced, and by this Ordinance sets forth its
findings of fact and conclusions; and
WHEREAS, the Town gave and published proper and timely notice of the date
and time of the public hearing for Town Council's consideration of the adoption of this
Ordinance, and Town Council duly held and conducted such hearing in accordance with
applicable laws; and
WHEREAS, the Town Council of the Town of Vail, Colorado, makes the
following findings of facts and conclusions:
1. The signers of the Petition for Annexation comprise the owners of 100%
of the Annexation Property.
2. The approval of the Petition for Annexation and of the annexation of the
Annexation Property to the Town of Vail fully meets and complies with all applicable laws and
regulations of the State of Colorado and the Town of Vail governing such annexation, including,
without limitation, the Municipal Annexation Act of 1965.
3. All public hearings with respect to the Petition for Annexation and the
annexation of the Annexation Property to the Town of Vail have been held and conducted in
Ordroance JI 1, Soria of 2006
5
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~~ accordance with all applicable laws and regulations of the State of Colorado and the Town of
Vail.
4. All notices required for the public hearings at which the Town Council of
the Town of Vail considered the Petition for Annexation and the annexation of the Annexation
Property to the Town of Vail were properly and timely published, posted or mailed in accordance
with all applicable laws and regulations of the State of Colorado and the Town of Vail.
5. In order to encourage well-ordered development to the Town of Vail, it is
desirable that the Annexation Property be annexed to the Town of Vail.
6. The annexation of the Annexation Property to the Town of Vail is
necessary and proper for the health, safety and welfare of the Town of Vail and its inhabitants.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF VAIL, COLORADO:
Section 1.
The annexation of the Annexation Property to the Towh of Vail is hereby approved.
Section 2.
As required by C.R.S. § 31-12-113, the Town of Vail shall:
(a} File one copy of the annexation map with the original of this Ordinance in the office of
the Town Clerk for the Town of Vail; and
(b) File for recording three certified copies of this Ordinance and map of the area annexed
containing a legal description of such area with the Clerk and Recorder of Eagle County,
Colorado.
Section 3.
If any part, section, subsection, sentence, clause or phrase of this Ordinance is for any reason held
to be invalid, such decision shall not affect the validity of the remaining portions of this
Ordinance; and the Town Council hereby declazes it would have passed this Ordinance, and each
part, section, subsection, clause or phrase thereof, regardless of the fact that any one or more
parts, sections, subsections, clauses or phrases be declared invalid.
Section 4.
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.
o~a~ i i. s~ orzooe
Section 5.
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, this 4`~ day of April, 2006. A public hearing on this ordinance
shall be held at the regular meeting of the Town Council of the Town of Vail, Colorado, on the
18~' day of April, 2006, commencing at 6:00 p.m., in the -Mbnicipal Building o the T wn of
Vail, 75 Frontage Road, Vail, Colorado 81657. ~-' ~'~
gyp:. • '•., Farrow Hitt
L Mayor Pro-Tem of the Town of Vail, Colorado
SEA
Attest:
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~rel~' D~aldson
~~Gn Clerk
INTRODUCED, READ ON SECOND RE G, APPROVED, ND Q$~~pDFRED
PUBLISHED IN FULL, this 2°d day of May, 2006. . ~ ,/~~'~
L---~F'arrow Hitt
Mayor Pro-Tem of the Town of Vail, Colorado
Attest: f~
elei onaldson
Town Clerk
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EXHIBIT A
Legal Description of Annexation Property
LOTS 1 AND 4, SECTION 8, TOWNSHIP 5 SOUTH, RANGE 80 WEST, OF THE SIXTH
PRINCIl'AL MERIDIAN, COUNTY OF EAGLE, STATE OF COLORADO, AS ESTABLISHED BY
THE DEPENDENT RESURVEYS AND SURVEYS COMPLETED-BY THE UNi1~D STATES
DEPARTMENT OF THE INTERIOR, BUREAU OF LAND MANAGEMENT DA i ~li FEBRUARY 3,
2005 (LOT 4), AND DECEMBER 30, 1988 (LOT 1), AND ALSO BEING DESCRIBED
AL i rxNATNELY AS FOLLOWS:
BEGINNING AT THE NORTI-IWEST 1/16 CORNER OF SECTION 8, TOWNSHIP 5 SOUTH,
RANGE 80 WEST, OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF EAGLE, STATE OF
COLORADO; WHENCE THE NORTH 1/16 CORNER OF SECTION 7 AND SECTION 8 BEARS
N89°43'59"W A DISTANCE OF 1323.26 FEET, SAID LLNE BEING THE BASIS OF BEARING FOR
THIS DESCRIPTION.
THENCE ALONG THE EAST LINE OF THE SOUTHWEST QUARi~x OF THE NORTHWEST
QUARi~x OF SAID SECTION 8 (ALSO BEING CO-Ek1~NSNE WITH THE BOUNDARY OF
THE FORMER VAIL VILLAGE, FIRST FILING, ACCORDING TO THE PLAT THEREOF
RECORDED AUGUST 6, 1962 AT RECEPTION NUMBER 96382) THE FOLLOWING TWO
COURSES:
1) 800°21'52"W 165.00 FEET
2) S00°21'52"W 277.76 FEET
THENCE ALONG SAID EAST LINE OF THE SOUTHWEST QUARTER OF THE NORTHWEST
QUARTER OF SECTION 8 (ALSO BEING CO-EXTENSNE WITH THE BOUNDARY OF PARCEL
1, GOLDEN PEAK SKI BASE AND RECREATION DISTRICT (RECEPTION NUMBER 352168)),
S00°21'52"W 57.22 r~,~i; THENCE N89°45'07"W 248.01 r~~T: THENCE N33°20'55"W 282.22
FEET; THENCE N89°45'45"W 488.32 FEET; THENCE N00°14'21"E 265.29 FEET TO A POINT ON
THE NORTH LINE OF SAID SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF
SECTION 8; THENCE ALONG SAID NORTH LINE (AGAIN ALSO BEING CO-EXTENSNE WITH
SAID BOUNDARY OF THE FORMER VAIL VILLAGE, FIRST FILING ACCORDING TO THE
PLAT THEREOF RECORDED AUGUST 6, 1962 AT RECEPTION NUMBER 96382) S89°43'59"E
99.99 FEET TO i t~ NORTHWEST CORNER OF MILL CREEK SUBDNISION, ACCORDING TO
THE PLAT THEREOF RECORDED NOVEMBER 6, 2000 AT RECEPTION NUMBER 743366;
THENCE ALONG THE WES 1 ~xLY BOUNDARY OF SAID MILL CREEK SUBDNISION
800°15'18"W 165.37 FEET TO THE SOUTHWEST CORNER OF MILL CREEK SUBDNISION;
THENCE ALONG THE SOUTHERLY BOUNDARY OF SAID MILL CREEK SUBDNISION
889°45'57"E 131.89 FEET; THENCE CONTINiJING ALONG THE SOUTHERLY BOUNDARY OF
SAID MILL CREEK SUBDMSION 889°46'28"E 413.26 FEET TO THE SOUTHEAST CORNER OF
SAID MILL CREEK SUBDNISION; THENCE ALONG THE EASTERLY BOUNDARY OF SAID
MII.L CREEK SUBDNISION N00°21' 19"E 165.00 FEET TO A POINT ON THE NORTH LINE OF
SAID SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 8, SAID POINT
ALSO BEING THE NORTHEAST CORNER OF SAID MILL CREEK SUBDNISION; THENCE
ALONG SAID NORTH LINE (AGAIN ALSO BEING CO-EXTENSIVE WITH THE BOUNDARY OF
THE FORMER VAIL VILLAGE, FIRST FILING, RECEPTION NUMBER 96382) 889°43'59"E 248.12
FEET TO THE TRUE POINT OF BEGINNING.
SAID PARCEL CONTAIl~TING 5.13 ACRES MORE OR LESS.
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Ordinance No. 11 Series of 2006
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF VAIL
ANNEXING CERTAIN REAL PROPERTY TO THE TOWN OF VAIL
WHEREAS, on February 14, 2006, The Vail Corporation, a Colorado corporation, filed with the Town
Clerk for the Town of Vail a Petition for Annexation ("Petition for Annexation') requesting that the Town
Council of the Town of Vail commence proceedings to annex to the Town of Vail a certain parcel of
land located in Section 8, Township 5 South, Range 80 West, of the 6th Principal Meridian, County
of Eagle, State of Colorado, the approved final legal description of which is set forth in Exhibit A
attached hereto and incorporated herein by this reference (the "Annexation Property'); and
WHEREAS, the Town Council of the Town of Vtil, by Resolution No. 6, Series of 2006, has determined
with regard to the Petition for Annexation for the Annexation Property: (i) the applicable requirements
of C.R.S. §§ 31 12 104 and 31 12 105 have been met; (ii) an election is not required under C.R.S.
§ 31 12 107(2) or 31 12 112; (iii) no additional terms and conditions are to be imposed on the
annexation of the Annexation Property; and (iv) the Annexation Property is eligible for annexation to
the Town of Vail; and
WHEREAS, the Town Council of the Town of Vail held public hearings at which it received evidence
and testimony pertaining to the proposed annexation of the Annexation Property to [he Town of
Vail, at the conclusion of which the Town Council of the Town of Vail considered such evidence and
testimony so introduced, and by this Ordinance sets forth its findings of fact and conclusions; and
WHEREAS, the Town gave and published proper and timely notice of the date and time of the public
hearing for Town Council's consideration of [he adoption of this Ordinance, and Town Council duly
held and conducted such hearing in accordance with applicable laws; and
WHEREAS, the Town Council of the Town of Vail, Colorado, makes the following findings of facts and
conclusions:
1, The signers of the Petition for Annexation comprise the owners of 100% of the Annexation
Property.
2. The approval of the Petition for Annexation and of the annexation of the Annexation Property
to the Town of Vail fully meets and complies with all applicable laws and regulations of the State
of Colorado and the Town of Vail governing such annexation, including, without limitation, the
Municipal Annexation Act of 1965.
3. All public hearings with respect to the Petition for Annexation and the annexation of the
Annexation Property to the Town of Vail have been held and conducted in accordance with all
applicable laws and regulations of the State of Colorado and the Town of Vail.
4. All notices required for the public hearings at which the Town Council of the Town of Vail
considered the Petition for Annexation and the annexation of the Annexation Property to the Town
of Vail were properly and timely published, posted or mailed in accordance with all applicable laws
and regulations of the Stale of Colorado and the Town of Vail.
5. In order to encourage wellordered development to the Town of Vail, it is desirable that the
Annexation Property be annexed to the Town of Vail.
6. The annexation of the Annexation Property to the Town of Vail is necessary and proper for the
health, safety and welfare of the Town of Vail and its inhabitants.
NOW, THEREFORE, 8E IT ORDAINED BY 7HE TOWN COUNCIL OF 7HE TOWN OF VAIL,
COLORADO:
Secton 1.
The annexation of the Annexation Property to the Town of Vail is hereby approved.
Section 2.
As required by C.R.S. § 31-12-113, [he Town of Vail shall:
(a) File one copy of the annexation map with the original of this Ordinance in the office of the
Town Clerk for the Town of Vail; and
(h) File for recording three certified copies of this Ordinance and map of the area annexed
containing a legal description of such area with the Clerk and Recorder of Eagle County,
Colorado.
Section 3.
If any part, section, subsection, sentence, clause or phrase of this Ordinance is for any reason held
to be invalid, such decision shall not affect 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, clause or phrase thereof, regardless of the fact that any one or more parts, sections,
subsections, clauses or phrases be declared invalid.
Seetlon 4.
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 5.
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, this 4th day of April, 2006. A public hearing on this ordinance shall be held at the
regular meeting of the Town Council of the Town of Vail, Colorado, on the 18th day of April, 2006,
commencing at 6:00 p.m., in the Municipal Building of the Town of Vail, 75 Frontage Road, Vail,
Colorado 61657.
Rodney E. Slifer
Mayor of the Town of Vail, Colorado
Attest:
Lorelei Donaldson
Town Clerk
F-XHIBR A
Legal Description of Annexation Property
LOTS 1 AND 4, SECTION 8, TOWNSHIP 5 SOUTH, RANGE 80 WEST, OF THE SIXTH PRINCIPAL
MERIDIAN, COUNTY OF EAGLE, STATE OF COLORADO, AS ESTABLISHED BY THE DEPENDENT
RESURVEYS AND SURVEYS COMPLETED BY THE UNITED STATES DEPARTMENT OF THE
INTERIOR, BUREAU OF LAND MANAGEMENT DATED FEBRUARY 3, 2005 (LOT 4), AND
DECEMBER 30, 1988 (LOT 1), AND ALSO BEING DESCRIBED ALTERNATIVELY AS FOLLOWS:
BEGINNING AT THE NORTHWEST 1/16 CORNER OF SECTION 8, TOWNSHIP 5 SOUTH, RANGE
BO WEST, OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF EAGLE, STATE OF COLORADO;
WHENCE THE NORTH 1/16 CORNER OF SECTION 7 AND SECTION 8 BEARS N89°43'59"W
A DISTANCE OF 1323.26 FEET, SAID LINE BEING THE BASIS OF BEARING FOR THIS
DESCRIPTION.
THENCE ALONG THE EAST LINE OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER
OF SAID SECTION 8 (ALSO BEING CO-EXTENSIVE W ITH THE BOUNDARY OF THE FORMER VAIL
VILLAGE, FIRST FILING, ACCORDING TO THE PLAT THEREOF RECORDED AUGUST 6, 1962 AT
RECEPTION NUMBER 96382) THE FOLLOWING TWO COURSES:
1) S00°21'52"W 165.00 FEET
2) S00°21'52"W 277.76 FEET
THENCE ALONG SAID EAST LINE OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER
OF SECTION 8 (ALSO BEING CO-EXTENSIVE WITH THE BOUNDARY OF PARCEL 1, GOLDEN
PEAK SKI BASE AND RECREATION DISTRICT (RECEPTION NUMBER 352168)), S00°21'52"W
57.22 FEET; THENCE N89°45'07"W 248.01 FEET: THENCE N33°20'55"W 282.22 FEET; THENCE
NB9°45'45"W 488.32 FEET; THENCE N00°14'21 "E 265.29 FEET TO A POINT ON THE NORTH LINE
OF SAID SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 8; THENCE
ALONG SAID NORTH LINE (AGAIN ALSO BEING CO-EXTENSIVE WITH SAID BOUNDARY OF
THE FORMER VAIL VILLAGE, FIRST FILING ACCORDING TO THE PLAT THEREOF RECORDED
AUGUST 6, 1962 AT RECEPTION NUMBER 96382) S89°43'59"E 99.99 FEET TO THE NORTHWEST
CORNER OF MILL CREEK SUBDIVISION, ACCORDING TO THE PLAT THEREOF RECORDED
NOVEMBER 6, 2000 AT RECEPTION NUMBER 743366; THENCE ALONG THE WESTERLY
BOUNDARY OF SA ID MI LL CREEK SUBDIVISION S00° 15'18"W 165.37 FEET TO THE SOUTHWEST
CORNER OF MILL CREEK SUBDIVISION; THENCE ALONG THE SOUTHERLY BOUNDARY OF
SAID MILL CREEK SUBDIVISION S89°45'57"E 131.89 FEET; THENCE CONTINUING ALONG THE
SOUTHERLY BOUNDARY OF SAID MILL CREEK SUBDIVISION S89°46'28"E 413.26 FEET TO THE
SOUTHEAST CORNER OF SAID MILL CREEK SUBDIVISION; THENCE ALONG THE EASTERLY
BOUNDARY OF SAID MILL CREEK SUBDIVISION N00°21'19"E 165.00 FEET TO A POINT ON THE
NORTH LINE OF SAID SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION
8, SAID POINT ALSO BEING THE NORTHEAST CORNER OF SAID MILL CREEK SUBDIVISION;
THENCE ALONG SAID NORTH LINE (AGAIN ALSO BEING CO-EXTENSIVE WITH THE BOUNDARY
OF THE FORMER VAIL VILLAGE, FIRST FILING, RECEPTION NUMBER 96382) S89°43'59"E 248.12
FEET TO THE TRUE POINT OF BEGINNING.
SAID PARCEL CONTAINING 5.13 ACRES MORE OR LESS.
Published in the Vail Daily April 8, 2006.
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