HomeMy WebLinkAbout1986-15 Regarding the Proposed Annexation of West Vail to the Town of Vail through an Annexation Elecationf 41
RESOLUTION NO. 15
Series of 1986
R SECOND RESOLUTION REGARDING THE PROPOSED ANNEXATION OF A
PORTION OF THE AREA KNOWN A5 WEST VAIL TO THE TOWN OF VAIL
THROUGH AN ANNEXATION ELECTION.
WHEREAS, at least ten (10) percent of the qualified effectors who are resident in
and landowners of the area proposed to be annexed, described in Exhibit A attached
hereto and made a part hereof which is situate in a County of less than 25,000
inhabitants, filed a petition for annexation election with the Town Clerk of the
Town of Vail on the 9th day of April, 1986; 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 15th day
of April, 1986; and
WHEREAS, at said public hearing the Tnwn Council of the Town of Vai] found:
1. That the petition for the annexation election had been signed by the
required number of qualified electors who are resident in and landowners of
the area proposed to be annexed which is situate in Eagle County, a county
of less than 25,000 inhabitants;
2. That the petition for the annexation election was in substantial compliance
with the requirements of C.R.S. 31-12-107 (2), as amended;
3. That the Town Council had the necessary jurisdiction to commence
proceedings far an annexation election regarding said territory; and
WHEREAS, after making said findings the Town Council enacted Resolution No. 12,
Series of 1986, which set a second public hearing on the election petition at a
public meeting of the Town Council on June 3, 1986, at 7:30 p.m., at the Municipal
Building of the Town of Vail to determine if the petition complies with Sections
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;
and
WHEREAS, the Town Clerk gave notice of said hearing which was published along
with a copy of Resolution No. 12, Series of 1.986, in the Vail Trail, a newspaper of
general circulation in the area proposed to be annexed on April 18, 25, May 2 and 9,
1986, in accordance with Section 31-12-108, C.R.S., as amended. The Town Clerk has
received proof of publication of the required notice and resolution and the
certificate of publication is included in the records of the Tawn Clerk.
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p E I
9. NOW, TFlEREFORE, 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 and the
petition for annexation election held on the 3rd day of June, 198G, at 7:30
p.m. in the Town Council Chambers of the Town of Vail, the Town Council of
the Town of Vail, Colorado finds and determines as follows:
a) That no less than one-sixth of the aggregate external boundaries of
the territory hereby proposed to be annexed to the Tawn of Vail is
contiguous to the Tawn limits of the Tawn of Vail.
b) That a community of interest exists between the above described
territory and the Town of Vail, and that the same is urban or will be
urbanized in the near future, and further that the said territory is
integrated ar is capable of being integrated into the Tawn of Vail.
c) That in establishing the boundaries of the above described territory
no land held in identical ownership, whether consisting of one tract
ar parcel of real estate or two or more contiguous tracts or parcels
of real estate, has been divided into separate parts ar parcels
without the written consent of the landowner ar landowners thereof,
except and unless such tracts or parcels were already separated by a
dedicated street, road, or other public way.
d) That in establishing the boundaries of the above described territory,
no land held in identical ownership, whether consisting of one tract
ar 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, have an assessed
valuation in excess of two hundred thousand dollars ($200,000.00) for
ad valorem tax purposes far the next year preceding the filing of the
within petition, has been included within the above described
territory without the written consent of the landowner or landowners
thereof.
e) That the above described territory does not include any area which is
the same or substantially the same area in which an election for an
annexation to the Town of Vail was held within the twelve (12) months
preceding the filing of this petition.
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f} That the above described territory does not include any area included
in annexation proceed#ngs involving a municipality other than the Town
of Vail.
g} That the annexation of the proposed area will not detach area from any
5Gh001 district.
2. CONCLUSIONS AND DETERMINATIONS
Based on the findings of fact as set forth in Paragraph 1 hereof, the Tawn
Council reaches the conclusions and makes the following determinations:
a) The requirements of the applicable parts of Sections 31-i2-104 and
31-12-105, C.R.5., as amended, have been met with respect to the
proposed annexation.
b) An annexation election without the imposition of additional terms and
conditions is required to determine the matter of the proposed
annexation in accordance with Section 31-12-107 (2), C.R.S., as
amended.
c) The Town of Vail, Colorado, in accordance with 31-12-112, C.R.S., as
amended, shall file a petition in the District Court in and for the
County of Eagle, State of Colorado, requesting the Court to appoint
three (3} Commissioners to call and hold an election on July 8 ,
1986 to determine the matter of the proposed annexation and after the
election, if the majority of the votes cast is in favor of the
annexation, to enter an Order that the territory proposed to be
annexed may be annexed by the Town of Vail, by ordinance.
3. This Resolution shall take effect upon its adoption.
INTRODUCED, READ, APPROVED AND ADOPTED this 3rd day of June, 1986.
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f, r~
Paul R. Joh 5 n, Mayor
ATTEST:
rtw~Grj~t~t~4t~/
Pamela A.~Brandmeyer, down Clerk
3-
LEGAL DESCRIPTION ~-~ ~ i
A TRACT OF LANG BEIFJG APART OF THE SOUTH ONE-HALF OF SECTION 12 ANb A PART OF ed
THE SOUTHEAST OIJE-QUAltTER OF SECTION 11, BOTH IN TOWNSHIP 5 SOUTH, RANGE 81
WEST OF THE SIXTH PRINCIPAL MERIDIAN, EAGLE COUNTY, COLORADO, AND DESCRIBED AS
FOLLOHS:
COMMENCING AT A POINT Ult THE SOUTHEASTERLY RIGHT-OF-WAY LINE OF INTERSTATE ,
HIGHWAY tJO. 70 WHICH 1S THE ANGLE POINT DN THE NORTHWESTERLY BOUNDARY LINE OF ~,
HIGHLAND tgEADOW$, A SUBDIVISION RECORDED iN BOOK 271 AT PAGE 144, WHICH IS OIJ ~
THE SOUTH SECTION LINE OF SAID SECTION 11, WHENCE THE SOUTHEAST CORNER OF SAID '
SECTION 11 BEAJtS N86"14'22"E {COLORADO DEPARTMENT OF HIGHWAYS BEARING BASE} ~
1200.6D FEET DISTANT; THENCE N48°00'57"E ALONG SAID SOUTHEASTERLY RIGHT-DF-WAY
LINE OF INTERSTATk HIGHWAY N0. 70 A DISTANCE OF 71.72 TO A POINT BEING THE MOST
kESTERLY CORNER OF THE HUMBLE OIL TRACT RECORDED AT RECEPTION N0. 97812 AND
BEING THE POINT OF BEGINNING; THENCE CONTINUIWG ALONG SAiU SOUTHEASTERLY
RIGHT-UF-WAY LIVE OF INTERSTATE HIGHWAY N0, 70 FOR THE FOLLOWING SIX (6}
COURSES: 1.) N48"00'57"E A DISTANCE OF 308.28 FEET; 2.} N44"5U`O1"E A DISTANCE
DF 217.50 FEET TD A POINT WHENCE THE NORTHWEST SCORNER OF CASA UEL SDL
COIIUIMINIUIf DEARS 544"5U'O1"W 27.50 FEET DISTANT; 3.} 783. G0 FEET ALONG THE ARC
OF A NON-TANGENT CURVE TU THE LEFT HAViIJG A RADIUS OF~5780.00 FEET, A CENTRAL
ANGLE OF U7`46`04", AND A CHORD WHICH BEARS N48"22'27"E 783.DD FEET OCSTANT;
4"} N44"29'29"E A DISTANCE OF 825.90 FEET; 5.} 410.24 FEET ALONG THE ARC OF A
TANGENT CURVE TO.THE RIGHT HAVING A RADIUS OF 2815.00 FEET, A CENTRAL ANGLE OF
OB"21'00", ANb A CHORD WHICH BEARS N48°39'59"E 409.88 FEET DISTANT TD A POINT
BEING THE NORTHEAST CORNER OF SPRUCE CREEK TOWNHOI+IES AT YAIL, PHASE I; 6.)
H52'S0`29"E A DISTANCE OF 552.40 FEET TD THE MOST NORTHERLY CORNER OF LOT 2,
PAIL PILLAGE WEST FILING NO. 2, A SUBDIVISION RECORDED AT RECEPTION WO. 101699;
THENCE ALONG THE EXISTING TOWN OF VAIL BOUNDARY FOR THE FOLLOWING TWELVE (12)
COURSES; ]:7"S 36°29'54"W A DISTAWCE DF 8$.00 FEET T4 THE SOUTHEAST CORNER OF
SAID LOT 2; 2.) N59°10'49"E A DISTANCE DF 231.11 FEET TO THE MOST EASTERLY
CORNER OF LOT. 3; SAID VAIL VILLAGE WEST FILING N0. 2, BEING ON THE
SOUTHWESTERLY-'RIGHT-OF-WAY LINE OF MATTERHORN CIRCLE; 3.) 550°10'28"E A
DISTANCE OF 68.50 FEET TO A POINT ON THE CENTERLINE OF SAID MATTERHORN CIRCLE;
4.] 863'28'89"E ALO11G SAID CENTERLINE A DISTANCE OF 77.17 FEET; 5.} CONTINUING
ALONG.SAID CENTERLINE y9.42 FEET ALONG THE ARC OF A TANGENT CURVE TD THE LEFT
HAYING A RADIUS OF, 375.15 FEET, A CENTRAL ANGLE OF 15`ll'O1", ANO A CHORD WHICH
BEARS 871'U4'30"E A DISTANCE OF 99.13 FEET UiSTANT; 6.} DEPARTING SAID
CENTERLINE S08'50'48`"E A DISTANCE DF 26.61 FEET TD THE NORTHEAST CORNER OF LOT
1, MATTERHORN VILLAGE, A SUBDIVISION RECORDED AT RECEPTION N0, 982981; 7.)
SO1'04'36"W ALONG THE WESTERLY RIGHT-OF-WAY LINE OF GENEVA DR1YE A DISTANCE OF,
627.13 FEET; 8.} CONTINUING ALONG SAID WESTERLY RIGHT-DF-WAY LINE 207.77 FEET
ALONG THE ARC OF A TANGENT CURVE TO THE LEFT HAYING A RADIUS OF 202.18 FEET, A
CENTRAL ANGLE OF 58"52'50", AND A CHORD WHICH BEARS 828"21'49"E 198.75 FEET
815TANT; 9.) 557°48'14"E ALONG SAID WESTERLY RIGHT-OF-WAY LIRE A DISTANCE OF
22.01 FEET; 10.) CONTINUING ALONG SAID WESTERLY RIGHT-OF-fJAY LINE 130.14 FEET
ALDNG THE ARC OF A NON-TANGENT CURVE TO THE LEFT HAYING A RADIUS OF 50.00 FEET,
A CENTRAL ANGLE OF 149'08'02", AHD A CHORb WHICH BEARS 872°22'15"E 9fi.39 FEET
DISTANT; 11.) DEPARTING SAID WESTERLY RIGHT-OF-WAY LINE OF GENEVA DRIVE
856`56'36"E ALONG THE CD111+ION LINE BETWEEN LOTS 10 AND 11, SAID MATTERHORN
VILLAGE, A DISTANCE OF 129.08 FEET TO THE MOST EASTERLY CORNER OF SAID LDT 10;
12.] 530'18'10"W ALONG THE SOUTHEASTERLY 80UNDARY OF SAID LOT ]0 A DISTANCE OF
89.18 FEET; THENCE DEPARTING THE EXISTING TOWN OF YAIL BOUNDARY N81°31'17"W
ALONG THE SOUTHERLY BOUNDARY OF SAID IATTERHORN VILLAGE A DISTANCE OF 447.17
FEET TO THE SOUTHWEST CORNER OF SAID MATTERHORN PILLAGE, ALSO BEING ON THE
EASTERLY BOUNDARY OF VAIL VILLAGE WEST, FILING N0. 1, A SUBDIVISION RECORDED AT
RECEPTION N0. 98135; THENCE ALONG THE BOUNDARY COMMON TO SAID YAIL PILLAGE
WEST, FILING N0. 1. AND HIGHLAND MEADOWS, FILING N0. 2, A SUBDIVISION RECORDED
AT RECEPTION N0. 177192, FOR THE FOLLOWING SEVEN (7} COURSES: 1.} SD1'04'36"W A
AISTANCE OF 405,95 FEET; 2,} 857°21'00"W A DISTAWCE OF 127.84 FEET; 3.)
583'44'25"W A DISTANCE OF 57.2D FEET; 4.) N17°32'18"E A DISTANCE OF 71.51 FEET;
5.} 882°36'00"W A DISTANCE OF 366.74 FEET; 6,} 536"45`00"W A DISTANCE OF 187.00
FEET; 7.1~N49"36'54"W A DISTANCE 93.85 FEET TO THE SOUTHEASTERLY RIGHT-OF-WAY
LINE OF ALPINE DRiYE; THENCE N42'45'49"W A DISTANCE OF 31.20 FEET TO THE
CENTERLINE OF SAID ALPINE DRIVE; THENCE ALONG SAID CENTERLINE OF ALPINE` DRIVE
FOR THE FOLLOWING FOUR {4) COURSES: 1.) 54.07 FEET ALONG THE ARC OF A
HDH-TANGENT CURVE TO THE LEFT HAYING A RADIUS OF 284.12 FEET, A CENTRAL ANGLE
DF 10`05'50", AND A CHORD WHICH BEARS N02"24'25"E 50.01 FEET DISTANT; 2,} .
N02'38'30"W A DISTANCE DF 38.90 FEET; 3.} 67.93 FEET ALONG THE ARC OF A TANGENT
CURVE TO THE RIGHT HAYING A RADIUS DF 114.42 FEET, A CENTRAL ANGLE DF
34'01`00";`AND A CHORD WHICH BEARS N14"22'10"E 66,94 FEET DISTANT; 4.)
H31"22'40"E A DISTANCE OF 116.10 FEET; THENCE DEPARTING SAID CENTERLINE OF
ALPINE DRIVE N58"31'20"W A DISTANCE OF 25.00 FEET TD THE MUST SOUTHERLY CORNER
DF LOT 49, SAID VAIL PILLAGE WEST, FILING N0. 1; THENCE N40"24'27"W ALONG THE
50UTHWESTERLY LINE OF SAID L07 49 AT DISTANCE DF 99.40 FEET TO THE CDhVADN
CORIrER OF SAID VAIL VILLAGE WEST, FILING N0. 1, SAID HIGHLAND MEADOWS, FILING
NO. 2, AHD YAIL PILLAGE WEST, FILING N0. 2, A 5UBDiYIS14N RECORDED AT RECEPTION
ND. 181699; THENCE ALONG THE SOUTHEASTERLY BOUNDARY OF SATO PAIL VILLAGE WEST,
FILING NO. 2, FOR THE FOLLOWING FOUR (4) COURSES: 1.} 54O"55'00"W A DISTANCE
OF 26b.00 FEET; 2.} 568°34'00"W A bISTANCE OF 225.50 FEET; 3.} 862"18'OO"W A
DISTANCE OF 326.50 FEET; 4.} N72°50`00"W A DISTANCE OF 162.5D FEET TD THE MOST
WESTERLY CORNER OF SAFO YAIL VILLAGE WEST, FILING H0. 2, ALSO BEING AN ANGLE
PD1NT IN THE SOUTHERLY BOUNDARY OF SAID CASA UEL 50L CONDOMINIUM, WHICH IS
RECORDED AT RECEPTION N0. 210369; THENCE ALONG THE SOUTHERLY BOUNDARY DF SA10
CASA DEL SOL CONDOMINIIh+I FOR THE FOLLOWING FOUR (4) COURSES: 1.} S5O"09'53"W A
DISTANCE OF 190.20 FEET; 2.) SBO"30`35"W A DISTANCE OF 160.00 FEET; 3.}
559'22`35"W A DISTANCE OF 70.00 FEET; 4.) 843°23'54"W A bI57AHLE OF 778,41 FEET
TD THE MOST SOUTHERLY CORNER OF SAID CASA REL SOL CONUGNINIUMS; THENCE
545'34'28"W ALDNG THE APPROXIMATE CENTERLINE OF GORE CREEK A DISTANCE DF 31.00
FEET TD THE NORTHWEST CORNER OF LOT 2O, SAID HIGHLAND MEADOWS. A SUHDIYISIDN
RECORDED iN BOOK 271, PAGE i44; THENCE ALONG THE IJORTHWESTERLY BOUNDARY OF SAID
HIGHLAND h•IEAD8W5 ALSO 9EING THE NORTHWEST 90UNUARY OF ASPEN AT STEAMSIDE FUR
THE FOLLOWING THREE (3} COURSES: 1.} 585°53'14"W A DISTANCE OF 124.43 FEET;
2,} N82'29'36"W A DISTANCE OF 166.39 FEET; 3.} 554 "15'21"W A DISTANCE OF 219.47
FEET TO THE POINT OF BEGINNING.