HomeMy WebLinkAbout2006-02 Initiating Annexation Proceedings; Finding the Annexation Petition to be in Substantial ComplianceRESOLUTION NO. 2
Series of 2006
A RESOLUTION OF THE TOWN COUNCIL OF
THE TOWN OF VAIL INITIATING ANNEXATION PROCEEDINGS;
FINDING THE ANNEXATION PETITION TO BE IN
SUBSTANTIAL COMPLIANCE; AND SETTING A HEARING THEREON.
WHEREAS, a Petition for Annexation of a certain parcel of land located in
Section 8, Township 5 South, Range 80 West, of the 6`h Principal Meridian, County of Eagle,
State of Colorado, and described as set forth in Exhibit A attached hereto, was filed with the
Town Clerk of the Town of Vail, Colorado on February 14, 2006; and
WHEREAS, the petition has been referred to the Town Council of the Town of
Vail, Colorado, for a determination of substantial compliance with the requirements of Section
31-12-107(1) of the Colorado Revised Statutes.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE
TOWN OF VAIL, COLORADO:
Section 1, The Petition for Annexation of 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, and described as set forth in Exhibit A attached hereto and incorporated
herein by this reference, is hereby determined to be in substantial compliance with Section 31-
12-107(1) of the Colorado Revised Statutes.
Section 2. The Town Council shall hold a public hearing on the proposed
annexation on April 4, 2006, at the regular meeting of the Town Council of the Town of Vail, to
commence at 6:00 P.M. local Vail time, in the Municipal Building of the Town of Vail at
75 Frontage Road, Vail, Colorado 81657, to determine if the proposed annexation complies with
Sections 31-12-104 and 31-12-105 of the Colorado Revised Statutes, or such parts thereof as
may be required to establish eligibility for annexation.
Section 3. A Notice of Public Hearing, including this Resolution, shall be
published five (5) times, to occur once a week for four (4) successive weeks in the Vail Daily or
other newspaper of general circulation in the area proposed to be annexed, commencing no
later than March 2, 2006.
Section 4. This Resolution shall be effective immediately upon adoption.
INTRODUCED, PASSED AND ADOPTED at a regular meeting of the Town
Council of the Town of Vail held this 21St day of February, 2006.
Roney E. Slifer G
for of the Town of Vail, Colorado
ATTEST: ~p`r;::•:• :,i
SEALoleiDonaldson
Town Clerk
c~ .t Or,.
6~saza.~ Rc~sx
Exhibit 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 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 1322.52 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 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) 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 57.24 FEET; THENCE N89°45'07"W 247.96 FEET; THENCE
N33°20'55"W 282.22 FEET; THENCE N89°45'45"W 488.32 FEET; THENCE N00°14'21"E
265.13 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 100.00 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 SAID MILL CREEK SUBDIVISION S00°15'18"W 165.37 FEET TO THE
SOUTHWEST CORNER OF SAID 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 248.13 FEET TO THE TRUE POINT OF BEGINNING, SAID PARCEL
CONTAINING 5.13 ACRES MORE OR LESS.
678824.1 RCFISH A-1
PETITION FOR ANNEXATION
VAIL'S FRONT DOOR
TO THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO:
The undersigned ("Petitioner"), in accordance with The Municipal Annexation Act of 1965, as
amended and as set forth in Article 12, Title 31, Colorado Revised Statutes the ("Annexation
Act"), hereby submits this petition (this "Petition") to the Town Council of the Town of Vail,
Colorado ("Town"), to annex to the Town the unincorporated territory located in the County of
Eagle, State of Colorado, described as set forth on Exhibit A, attached hereto and incorporated
herein by reference (the "Property"), and in support of this Petition, Petitioner alleges that:
It is desirable and necessary that the Property be annexed to the Town.
2. The requirements of Sections 104 and 105 of the Annexation Act exist or
have been met.
Not less than one-sixth (1/6) of the perimeter of the Property is contiguous
with the Town.
4. A community of interest exists between the Property and the Town.
5. The Property is urban or will be urbanized in the near future.
6. The Property is integrated with or is capable of being integrated with the
Town.
7. The Petitioner comprises more than fifty percent (50%) of the landowners
within the meaning of Section 107(7) of the Annexation Act) in the
Property and owns more than fifty percent (50%) of the Property exclusive
of streets and alleys, and the Petitioner hereby consents to the
establishment of the boundaries of the Property as shown on the
annexation map submitted herewith.
The Petitioner is the owner (within the meaning of Section 107(7) of the
Annexation Act) of one hundred percent (100%} of the Property, which
satisfies the requirements for annexation under Section 107(1)(g) of the
Annexation Act.
9. The Property is not presently a part of any incorporated city, city and
county, or town; nor have any proceedings been commenced for
annexation of part or all of the Property to any other municipality; nor has
any election for annexation of the Property or substantially the same
territory to the Town, been held within twelve months immediately
preceding the filing of this Petition.
nia~is
10. The proposed annexation will not result in detachment of area from any •
school district or attachment of same to another school district.
11. The proposed annexation will not extend the municipal boundary of the
Town more than three miles in any direction from any point of the current
municipal boundary.
12. The proposed annexation will not result in the denial of reasonable access
to any landowner, owner of an easement, or owner of a franchise adjoining
a platted street or alley which has been annexed by the Town but is not
bounded on both sides by the Town.
13. In establishing the boundaries of the Property, no land which is held in
identical ownership, whether consisting of a single tract or parcel of real
estate or two or more contiguous tracts or parcels of real estate:
a. is being divided unto separate parts or parcels without the written
consent of the landowner or landowners thereof; or
b. comprising 20 acres or more and together with buildings and
improvements situate thereon having a valuation for assessment in
excess of $200,000.00 for ad valorem tax purposes for the year
next preceding the proposed annexation, is included in the Property
without the written consent of the landowner or landowners. •
14. If a portion of a platted street or alley is to be annexed, the entire width
thereof is included within the Property.
15. The affidavit of the circulator of this Petition certifying that the signature
on this Petition is the signature of the person or agency whose name it
purports to be and certifying the accuracy of the date of such signature, is
attached hereto as Exhibit B, and is incorporated herein by reference.
16. This Petition is accompanied by four prints of an annexation map
containing, among other things, the following information:
A written legal description of the boundaries of the Property;
b. A map showing the boundary of the Property;
c. Within the annexation boundary map, a showing of location of
each ownership tract in unplatted land and, if part or all of the area
is platted, the boundaries and the plat numbers of plot or lots and
blocks; and
571831.5 2
d. Next to the boundary of the Property, a drawing of the contiguous
boundary of the annexing municipality abutting the Property.
17. In connection with the submission of this Petition, Petitioner will hereafter
submit a zoning application for the Property, including initial zoning and a
development plan; a related development agreement; and a subdivision
plat for or inclusive of the Property (the "Additional Submittals"). In
connection with the processing of this Petition, Petitioner requests that the
Town institute zoning procedures pursuant to Section 115 of the
Annexation Act and Title 12 of the Municipal Code of the Town, and
other procedures applicable to the Town's adoption of the Additional
Submittals.
18. Petitioner has filed this Petition, subject to the following conditions:
a. As of the date of the execution and submission of this Petition, the
Property is part of a proposed land exchange whereby Petitioner
will be conveyed fee title to the Property. No final action shall be
taken with respect to this Petition or the Additional Submittals
until the land exchange is consummated.
b. Petitioner reserves the sole, exclusive and unilateral right to
withdraw this Petition by so notifying the Town Clerk in writing at
any point prior to thirty-one (31) days after adoption of the final
ordinance approving the annexation of the Property to the Town
pursuant to this Petition.
19. Except for the terms and conditions of this Petition and the Additional
Submittals, which terms and conditions Petitioner expressly approves and
therefore do not constitute an imposition of additional terms and
conditions within the meaning of Section 107(1)(g) of the Annexation Act,
Petitioner requests that no additional terms and conditions be imposed
upon annexation of the Property to the Town.
THEREFORE, Petitioner requests that the Town Council of the Town of Vail, Colorado
complete and approve the annexation of the Property pursuant to the provisions of the
Annexation Act.
s7iasi.s
Respectfully submitted this ~ ~~ day of February, 2006.
SIGNATURE OF LANDOWNER/PETITIONER:
THE VAIL CORPORATION, a
Colorado corporation
Name: f Q r ~~ ~ ~ ~I ~~,
Title: ~ r' (_ ~ ~ <° ~ >~~`~ ~ S ~ ~~~ ~" ~~~
Date of Signature: ~` G~ r^~, .~ r y ~ •~; .~ ~~`
Mailing Address: PO Box 7
Vail, CO 81658
Resident of the Property? NO
t
Approved sr to form:
LeKal Uepsrtment
Name: (. RRY ARN U
lSitnatnre:~PiL'1~cd •~r~
Unte: ~ - ~Q~/b0 (p
L~
571831.5
EXHIBIT A
LEGAL DESCRIPTION OF PROPERTY
PARCEL DESCRIPTION:
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 80 WEST, OF THE SIXTH PRINCII'AL 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 1322.52 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 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) 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)), 800°21'52"W 57.24 FEET; THENCE N89°45'07"W
247.96 FEET; THENCE N33°20'55"W 282.22 FEET; THENCE N89°45'45"W 488.32 FEET;
THENCE N00° 14'21 "E 265.13 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 100.00 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
SAID MILL CREEK SUBDIVISION S00°15'18"W 165.37 FEET TO THE SOUTHWEST
CORNER OF SAID MILL CREEK SUBDIVISION; THENCE ALONG THE SOUTHERLY
BOUNDARY OF SAID MILL CREEK SUBDIVISION 889°45'57"E 131.89 FEET; THENCE
CONTINUING ALONG THE SOUTHERLY BOUNDARY OF SAID MILL CREEK
SUBDIVISION 889°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
Exhibit A
Page 1
571831.5
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 248.13 FEET TO THE TRUE POINT
OF BEGINNING, SAID PARCEL CONTAINING 5.13 ACRES MORE OR LESS.
Petitioner is the owner of the above-described property]
C,
Exhibit A
Page 2
571831.5
I. '
EXHIBIT B
AFFIDAVIT OF CIRCULATOR
e ~ r ~ ft r -, o ~C~ being of lawful age and duly
sworn upon his/her oath, deposes and says that the signature on this Petition for Annexation to
the Town of Vail, Colorado, consisting of five pages, excluding the page(s) of this Exhibit B, was
witnessed by circulator and is the true and original signature of the person whose name it
purports to be and the date of such signature is accurate.
Circulator ~~ ~
STATE OF COLORADO )
ss.
COUNTY OF EAGLE )
Subscribed and sworn to before me this 13~~' day of February, 2006, by
J "~
My commission expires:
Witness my hand and official seal.
P S. ROF~ X11 t k1 tits -~1 `~ ~ ~,
Notary Public
N:A ~j~~0
9r~ FB O~O~PO
yly Cortrdsaion F.~ires 0710612008
Exhibit B
Page 1
s7iaais