HomeMy WebLinkAbout1987-12 Making Certain Findings of Fact and Reaching Certain Conclusions Relating to the Annexation of the Valley in West VailRESOLUTION N0. 12
Series of 1987
A RESOLUTION MAKING CERTAIN FINDINGS OF FACT AND REACHING
CERTAIN CONCLUSIONS RELATING TO THE ANNE7(ATION OF A PORTION
OF THE AREA GENERALLY KNOWN AS THE VALLEY IN WEST VAIL; AND
SETTING FORTH DETAILS IN REGARD THERETO.
WHEREAS, landowners comprising more than fifty percent (50%} of the
landowners in the area proposed to be annexed (which area is described in Exhibit A
attached hereto and made a part hereof by reference) and owning more than fifty
percent (50%) of the area excluding public streets and alleys and any land owned by
the Town of Vail filed a petition for annexation of said area with the Town Clerk
of the Town of Vail, Colorado requesting the Town to commence proceedings far the
annexation of said area; and
WHEREAS, the Town Clerk referred said petition to the Town Council of the Town
of Vail as a communication at a regular meeting of the Town Council on the 17th day
of February, 1987; and
WHEREAS, at said regular meeting the Town Council passed a resolution making
the following findings:
A. That the petition for annexation has been signed by more than fifty
percent (50%) of the landowners in the area proposed to be annexed and owning more
than fifty percent (50%) of the area excluding public streets and alleys and any
land owned by the Town of Vaii.
B. That the petition for annexation was in substantial compliance with the
requirements of C.R.S. 31-12-107(1), as amended.
G. That the Town Council had the necessary jurisdiction to proceed with the
annexation of said territory; and
WHEREAS, the Town Council passed Resolution No. 7 and determined in said
resolution that it should hold a public hearing to determine if the proposed
annexation complies with Section 31-12-104 and 31-12-105, C.R.S., as amended, to
establish whether or not said area is eligible for annexation under the Municipal
Annexation Act of 1965, as amended, said hearing to be held at a regular meeting of
the Town Council on the 17th day of February, 1987, at 7:30 p.m. in the Municipal
Building of the Town of Vail; and
WHEREAS, the Tawn 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 Cleric has received proof of publication of the required
notice and of the publication of Resolution No. 7, Series of 1987, which
certificate of publication is attached hereto.
NOW, THEREFORE, be it resolved by the Tawn Council of the Tawn of Vail,
Colorado, that:
1. FINDINGS OF FACT
On the basis of competent evidence presented in the public hearing on the
petition for annexation on the 17th day of February, 1987, 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 Vaii, Colorado, the annexing municipality;
the area proposed to be annexed is described in Exhibit A hereof and shown an 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 or two or 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. In establishing the area proposed to be annexed, no 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 (2O)
acres or more (which, together with the buildings and improvements situated thereon
has a valuation or assessment in excess of two hundred thousand dollars ($200,000)
for ad valorem tax purposes for the-year next preceding the annexation) has been
included without the written consent of the landowner.
E. No annexation proceeding concerning any part of the territory
proposed to be annexed has been commenced by any other municipality.
F, The annexation of said territory wi11 not result in the detachment
of any area from any school district.
G. No election is required far the annexation of said territory under
Section 31-12-107(2}.
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Exhibit A
LEGAL DESCRIPTION
All of Lots 20 and 21, Section 1, and par[ of the N 112 Section 11, all :n Township
S South, Range 81 West of [he Sixth Principal Met idian, Eagle County. Colorado,
described as a whale as follows:
Beginning at an existing brass cap monument 'marking the N 1/4 Corner of said Sec-
tion 12; thence N00'O1'02"u 61.32 Feet, along the westerly line of Lat 1, 'Ihe
Ridge at Vail according to the map thereof recorded at Reception No. 202800. to the
boundary of Lion's; Ridge Subdivision Filing No. 4 according to the map thereof
recorded at/Receptlon No. 202794; thence the fallowing two courses along the veet-
erly and northerly lines of said Llun's Aldge Subdivision Filing No. 4: (1) N00'Ol'
02"u 1307.66 feet; {2) NB7'S1'42"E 1378.39 teet, to the northeasterly corner of
aid Lion's Ridge Subdivision Filing No, 4; thence the following six iouxses along
the existing Torn of Va1I boundary: (1) 500'04'39"W 1379.52 feet along the easterly
line of said Lion's Ridge Subdivision Filing No. 4; (2) 588'17'49"W 300.00 feet
along the southerly line of said Lion's Ridge Subdivision Filing No. 4, to the
zortheasterly corner of Lion's Ridge Subdivision Filing No. 2 according to the maps
thereof retarded at Reception No. 121219; (3) 500°03'25"W 495.18 feet along the
easterly line of said Lion's Ridge Subdivision Filing No. 2; (4} departing said
easterly line and continuing 500°03'25"W 88.62 feet, to the southerly right-of-wary
line of Lion's Ridge Loop; {5) 488.6] feet along said right-of-way on the arc of a
1771.95 foot radius curve to the right, having a central angle of 15`48'04", and
having a chord that bears 551°38'04"~' 487.12 feet; (6) 559°32'06"W ]243,30 feet
along said right-of-way line to the easterly 1{ne of Lion's Ridge Subdivision
Filing No. 3 according to thr map tharcof recorded at Receptton No. 187193; thence
continuing along the existing Town of Vail boundary and along the easterly line o[
said Lion's Ridge Subdivision Filing No. 3 N3]'09'31"W 60.41 feet, to the norther-
ly right-of-way line of said Lion's Ridge Loop; thence continuing along the existing
Tovn of Vail boundary and said northerly right-of-way line N59°32'06"£ 880.33
feet, to the most easterly turner of said Lion's Ridge Subdivision Filing No. 3;
thence the fallowing nine courses along the existing Town of Vaii boundary and the
easterly and northerly lines of said Lion's Ridge Subdivis[on Filing t1o. 3: (i)
N39°54'08"W 330.95 feet; (2) S69°46'30"W 48.27 fKet; (3} 255.16 feet along the arc
of a 135.00 foot radius curve to rife right, lr:tving a central angle at 1D8'17'40",
and having a chord that bears N56°04'x0"k 218.85 feet; (4} 884.55'16"W 621.05 feet;
5) S50°05'00"W 330.00 feet; {6) 868°15'00"W 990,00 feet; (7) 874.45'00"W 430.00
feet; (8) 5b6°15'00"W 532.96 feet; (9) 13.3b feet along the arc of a 130.00 toot
radius curve to the right, having a central angle of OS°53'11", and having a chord
that bears 830'03'49"W 13.35 [r:et, to the westerly line of said Lion's Ridge Sub-
division Filing No. 2 also being the westerly line oC said Section 12; thence NOl°
35'59"E 1524.16 feet along said westerly lines, to [he northwesterly corner of said
Section 12; thence N88°19'sl"E 2471.92 feet along t!~e northerly line of said Lion's
Ridge Subdivision Filing Na. 2 also being the northerly line of said Section 12, to
the northwesterly corner of said Lot 1, The Ridge at Vaii; thence continuing along
the northerly line of said Section i2 and the northerly ltne of said Lot 1. :tillli°19'
41"E 280,00 feet, co the point of beginni~tg.
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2. CONC~.USIONS AND DETERMINATIONS
Based on the findings of fact set forth in Aaragraph 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 7th day of April, 1987.
PaZi-YR. ~g~ton, Mayor
ATTEST:
1.14,
Pamela A. Brandmeyer, own Clerk
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