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Home My WebLink About1986-01 Making Certain Findings of Fact and Reaching Certain Conclusions Relating to the Annexation of West VailRESOLUTION N0, i Series of 1986 A RESOLUTION MAKING CERTAIN FINDINGS OF FACT AND REACHING CERTAIN CONCLUSIONS RELATING TO THE ANNEXATION OF A PORTION OF THE AREA GENERALLY KNOWN AS 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 Tawn 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 for the annexation of said area; and WHEREAS, the Town Glerk 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 19th day of November, 1985; 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 (50X} 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.S. 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 Na. 36 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 far annexation under the Municipal Annexation Act of 1966, as amended, said hearing to be held at a regular meeting of the Town Council on 7th day of January, 1986, 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 Clerk has received proof of publication of the required notice and of the publication of Resolution Na, 36, Series of 1985, which certificate of publication is attached hereto. NOW, TkIEREFORE, be it resolved by the Town Council of the Town of Vail, Colorado, that: 1. Findings of Fact On the basis of competent evidence presented in the public hearing an the petition for annexation on the 7th day of January, 1986, at 7:30 p.m., the Town Council of the town of Vail, Colorado, finds and determines as follows: A. At least one-sixth~af 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 tv 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 na division of any parcel of land therein held in identical ownership, whether consisting of one tract or parcel of real estate or two ar mare 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 ar two or more contiguous tracts or parcels of real estate, comprising twenty (20) acres or mare {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}. 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 will 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-i2-107 (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 7th day of January, 1985. ATTEST: 1 Pamela A. Brandmeyer, wn Clerk Paul R. Johnston,; Mayor w ~ EXHIBIT A J r LEGAL DESCRIPTION That part of the SE in Township 5 South, Colorado, described I/4, Section 11 and that part of the 5W 1f 4, Section 12, both Range $1 West of the Sixth Principal Meridian, Eagle County, as a whole as follows: Beginning at'~an existing brass cap monument m. Sections 11 and 12, said point of beginning a] ner of Resubdivision of Buffer Creek, accordii under Reception Number 98077; thence the folk Town of Vail boundary: (L) N 89°27'25" E 1381 of said Resubdivision of Buffer Creek, to the Interstate 13ighway No. 70; {2) S 33°30'38" W ~ Highway No. 70 right-of-way; thence departing and continuing along said Interstate ~lighway ~ thirteen courses: (1) S 52°50'29" W 768.50 fe+ S 52°50'29" W 131.20 feet; {4) S 64°31'20" W feet; (6) S 49°52'00" W 200.54 feet; (7) N 37' along the arc of a curve to the left, having angle of 03°26'23", and a chord that bears S ~ 50'29" W 350.00 feet; (10) 774.93 feet along a having a radius of 5550.00 feet, a central and bears S 47°50'29" W 774.30 feet; {11) S 51°50' W 274.90 feet; (13} 45.08 feet along the arc + radius of 6000.04 feet, a central angle of 00' S 49°07'34" W 45.08 feet, to the southwesterl! accordine to the condominium map thereof reco; rking the 1/4 corner of said so being the northwesterly cor- g to the map thereof recorded wing two courses along the existing 70 feet, along the northerly line northwesterly right-of-way line of 0.90 feeC along said Interstate said existing Town of Vail boun~'ary o. 70 right-of-way the following t; (2} S 42°44'IS" W 51.40 feet; 57.90 feet; (5) S 48°33'00" W 218.00 09'31" W 0.90 feet; {8} 354.80 feet radius of 5910.00 feet, a central 5°33'41" W 354.75 feet; (9) S 43° he arc of a curve to the right, le of OS°00'00", and a chord that 29" W 350.00 feet; (12) S 69°41'49" f a curve to the left, having a 25'50", and a chord that bears corner of Inn at West Vail, ded in Book 372 at Page 866; thence, departing said Interstate Highway No. 70 right-of-way, and along the westerly line of said Inn at West Vail, N 39°52'53" W 171,75 feet, to the easterly right- of-way line of Chamonix Road; thence the following two courses along said Chamonix Road right-of-way: (1) 245.63 feet along the arc of a curve to the left, having a radius of 194.43 feet, a central angle of 72°23'01", and a chord that bears N 08°02'31" E 229.b2 feet; (2) N 28°09'00" W 98.50 feet, to the intersection with the the southerly right-of-way Iine of Chamonix Lane; thence the following eleven courses along said southerly right-of-way line of Chamonix Lane: (1) N 39° 43'00" E 89.04 feet; (2) 59.57 feet along the arc of a curve to the right, having a radius of 75.00 feet, a central ang~.e of 45°30'33", and a chord that bears N 62°28'17 E 58.02 feet; (3) N 85°13'33" E 297.1b feet; (4) 270.55 feet along the arc of a curve to the left, having a radius of 238.64 feet, a central angle of 64°57'33", and a chord that bears N 52°44'47" E 25b.29 feet; (5) N 20°16'00" E 284.00 feet; (6) 139.59 feet along the arc of a curve to the right, having a radius of 227.38 feet, a central angle of 35°10'29", and a chord that bears N 37°51'15" E 137.41 feet; (7) N 55°26'29" E 364.86 feet; (8) 81.77 feet along the arc of curve to the left, having a radius of 1135.80 feet, a central angle of 04°07'29", and a chord that bears N 53°22'45" E $1.75 feet; (g) N S1°X9'00" E 273.50 feet; (l0) 112.47 feet along the arc of a curve to the right. having a radius of 414.37 feet, a central angle of 15°33'08", and a chord that bears N 59°05'34" E 112.13 feet; {ll) N 6b°52'08" E 100.00 feet to the southwesterly line of said Resubdivision of Suffer Creek; thence, departing said southerly right-of-way line of Chamonix Lane, the following Crree courses along the south- westerly, northwesterly and westerly lines, respectively, of said Zesubdivision of IIuffer Creek; (1) N 37°07'52" W 270.49 feet; (2) N 52°52'08" E 289.61 feet; 3)N O1°30'30" E 325.86 feet to the point of beginning.