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Home My WebLink About1988-36 Conclusions Relating to the Annexation of a Portion of the Area of West VailA .~ ti.~ ...~ RESOLUTION N0. 36 Series of 1988 A RESOLUTION MAKING CERTAIN FINDINGS OF FACT, AND REACHING CERTAIN CONCLUSIONS RELATING TO THE ANNEXATION OF A PORTION OF THE AREA OF WEST VAIL GENERALLY KNOWN AS THE ULBRICH PROPERTY; AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, the landowner comprising one hundred percent (100) of the landowners in the area proposed to be annexed {which is described in Exhibit A attached hereto and made a part hereof by reference} and owning 100% of the area excluding public streets and alleys and any land owned by the Town of Vail has filed a petition for annexation of said area with the Town Clerk of the Town of Vail, Colorado, requsting the Town to commence proceedings for the annexation of said area; and WHEREAS, the Town Clerk has referred said petition to the Town Council of the Town of Vaii as a communication at a regular meeting of the Town Council on the 2nd day of August, 1988; and WHEREAS, at said regular meeting the Town Council passed a resolution making the fallowing findings: A. That the petition for annexation has been signed by one hundred percent 100%} of the land owners in the area proposed to be annexed and owning mare than one hundred percent (100) of the area excluding public streets and alleys and any land owned by the Town of Vail. B. That the petition for annexation was in substantial compliance with the requirements of C.R.D. 31-12-107 (1), as amended. C. That the Town Council had the necessary jurisdiction to proceed with the annexation of said territory; and WHEREAS, the Town Council passed Resolution No. Z9, Series of 1988, and determined in said resolution that it should hold a public the proposed annexation complies with Section 31-12-104 an amended, to establish whether or not said area is eligible Municipal Annexation Act of 1965, as amended, said hearing meeting of the Town Council on 6th day of September, 1988, Municipal Building of the Town of Vail; and hearing to determine if d 31-12-105, C.R.S., as for annexation under the to be held at a regular at 7:30 p.m, in the WHEREAS, the Town Clerk gave notice of said public hearing on the annexation petition in accordance with the provisions of 31-12-108 (2), C.R.S., as amended; and WHEREAS, the Town Clerk has received proof of publication of the regular notice and of the publication of Resolution No. 29, Series of 1988, Mf NOW THEREFORE, be it resolved by the Town Council of the Town of Vail, Colorado, that: 1. Findings of Fact Dn the basis of competent evidence presented in the public hearing on the petition for annexation on the 7th day of September, 1988, at 7:30 p.m., the Town Council of the Town of Vail, Colorado, finds and determines as follows: A. At least one-sixth of the perimeter of the area proposed to be annexed is contiguous with the Town of Vail, Colorado, the annexing municipality; the area proposed to be annexed is described in Exhibit A hereof and shown on the annexation plat which is incorporated herein by reference and made a part hereof. B, A community of interest exists between the territory proposed to be annexed and the annexing municipality; the territory proposed to be annexed is urban or will be urbanized in the near future; and the territory proposed to be annexed is integrated with or is capable of being integrated with the Town of Vail. C. In establishing the boundaries of the territory proposed to be annexed there was no division of any parcel of land therein held in identical ownership, whether consisting of one tract or parcel of real estate of two ar more contiguous tracts or parcels of real estate, that has been divided into separate parts or parcels without the written consent of the landowners thereof. D. The territory proposed to be annexed does not include any land held in identical ownership, whether consisting of one tract or parcel of real estate or two or more contiguous tracts or parcels of real estate, comprising twenty (20} acres or more {which, together with the buildings and improvements situated thereon has a valuation or assessment in excess of two hundred thousand dollars ($200,0000 far ad valorem for the year next preceding the annexation.) E. No annexation proceeding concerning any part of the territory proposed to be annexed has been commenced by any other municipaiity.~ F. The annexation of said territory will not not result in the detachment of any area from any school district. G. No election is required for the annexation of said territory under Section 31-12-107 (2}. H. The County Commissioners of the County of Eagle, State of Colorado, by Resolution No. 88-29, a copy of which is attached hereto as Exhibit B waived preparation by the Town of Vail of an annexation impact report required by Section 31-12-108.5, C.R.S., as amended. 2- 2. Conclusions and Determinations Based on the findings of fact set forth in paragraph 1 hereof, the Town Council reaches conclusions and makes determinations as follows: A. The requirements of the applicable parts of Sections 31-12-104 and 31-12-105, C.R.S., as amended, have been met in regard to the proposed annexation. B. No annexation election is required under Section 31-12-107 (2), C.R.S., as amended. C. The Town Council hereby determines that no additional terms and conditions are to be imposed on the territory to be annexed. 3. This Resolution shall take effect upon its adoption. INTRODUCED, READ, APPROVED AND ADOPTED this 6th day of September, 19$$. Kent R. Rose, Mayar ATTEST: Pamela A. Brandmeyer, Town Clerk 3- M . r M ~ ` v xHIBIT a Lots 15 and 19, Section 14, Township 5 South, Range 81 West of the Sixth Principal Meridian according to the Dependent Resurvey and Survey of said Section as approved by the United States Department of the Interior, Bureau of Land Management, in Washington, D.C. on September 29, 1975. l RECD J l1 L ~ ., '1988 Exhibit "B" Commissioner ___~~i!~'~SO~ _maved adoption of the following Resolution: BORRD OF COUNTY COMMISSIONERS COUNTY DF EAGLE: STATE OF COLORADO RESDLUTiDN ND. 88-~~__ WAIVER OF RNNEXATIDN IMPACT REPORT FOR THE TOWN OF VAIL WHEREAS, it has been proposed that the Town of Vail annex Lot lb and Lat 19, Section 14, Township 5 South, Range 81 West of the 6th P.M. Eagle County, Colorado; and WHEREAS, Pursuant Section 31-12-1Q8.5, the Town of Vail is required to prepare an annexation impact report and submit sorb report to the county; and WHEREAS, the Tawn of Vail has requested the County to waive preparation of such report; and and WHEREAS, roads and improvements have not been installed on the property; WHEREAS, the Board of County Commissioners has carefully studied the need for such a report under the particular circumstances presented in this proposed annexation; BE IT RE5OLVED 8Y THE HOARD DF COUNTY COMMISSIONERS ^F THE COUNTY DF EAGLE, STATE DF CDLDRRDO: The Board finds that the property can be better developed as an incorporated part of the Tawn of Vail, and that such annexation will have na detrimental impact on adjacent properties remaining within the unincorporated area of the County. The Board of County Commissioners hereby agrees the required annexation impact report in this case is unnecessarily burdensome and therefore agrees to waive the requirement of its preparation. MOVED, READ AND ADOPTED by the Board of County Commissioners of the Count of Eagle, State of Colorado, at its regular meeting held the _~~ day of _____, 1988. COUNTY OF EAGLE, STATE OF I~ COLORADO, $y and Through Its BOARD OF COUNTY COMMI55IONERS erk of the rd of ~~`-~_~- George A. ates, Chairman ounty Commissioners Don d H. Welch, Co~oner is and L. ust son, Commission r v~ Commissioner ___ ~_______ seconded adoption of the foregoing resolution. The roll having been called, the vote was as follows: Commissioner George A. Gates ~_t~~_ Commissioner Donald H. Welch ~. Commissioner Richard L. Gustafson _~.~,_Q~ This Resolution passed by ~~h~~~°~@l~tS vote of the Board of County Commissioners of the County of Eagle, State of Colorado. E_