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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}. 2- M 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. r. i ~ 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. 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