HomeMy WebLinkAbout1986-21 Second Resolution Regarding the Proposed Annexation of a Portion of Vail RidgeRESOLUTION N0. 21
Series of 1985
A SECOND RESOLUTION REGARDING THE PROPOSED ANNEXATION
OF A PORTION OF THE AREA KNOWN AS WEST VAIL, WHICH IS
COMMONLY KNOWN AS VAIL RIDGE, TO THE TOWN OF VAIL THROUGH
AN ANNEXATION ELECTION. ~~
WHEREAS, at least ten (10) percent of the qualified electors 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 with the Town Clerk of the Town of Vail
en the 3rd day of July, 198fi; 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 July, 1986; and
WHEREAS, at said public hearing the Town Council of the Town of Vail 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 for an annexation election regarding said territory; and
WHEREAS, after making said findings the Town Council enacted Resolution Na. 19,
Series of 1986, which set a second public hearing on the election petition at a
public meeting of the Town Council on August 19, 1986, at 7:30 p.m., at the
Municipal Building of the Town of Vaii 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 Glerk gave notice of said hearing which was published along
with a copy of Resolution No. 19, Series of 1986, in the Vail Trail, a newspaper of
general circulation in the area proposed to be annexed on July 18, 25, August 1 and
8, 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 Town Clerk.
NOW, THEREFORE, BE IT RE50LVED 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 on the
petition for annexation election held on the 19th day of August, 1986, 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 Town of Vail is contiguous to the
Town limits of the Town 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 or is capable of
being integrated into the Town 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 ar more contiguous tracts or parcels of real estate, has been
divided into separate parts or 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 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, have an assessed valuation in excess of two hundred thousand
dollars ($200,000) for ad valorem tax purposes for 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.
f} That the above described territory does not include any area included
in annexation proceedings involving a municipality other than the Town of Vail.
g} That the annexation of the proposed area will not detach area from any
school district.
2-
2. CONCLUSIONS AND DETERMINATIONS
Based on the findings of fact as set forth in Paragraph 1 hereof, the Town
Council reaches the conclusions and makes the following determinations:
a) The requirements of the applicab'1:~.,parts of Sections 31-12-104 and
31-12-105, C.R.S., 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 tali
and hold an election on September 30, 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 Vaii, by ordinance.
3. This Resolution shall take effect upon its adoption.
INTRODUCED, READ, APPROVED AND ADOPTED this 19th day of August, 198fi.
1 /
i~ U~_
Kent R. Rose, Mayor Pro Tem
ATTEST:
J~ JAY - ~
Pamela A. Brandmeyer, Tow Clerk
3-
XHI~' non
LEGAL DESCRiPT10N
A TRA1:T OF LAND BEING i, PUNTIUt~ OF THE NORTH UNE-HALF OF $ELTI01; 14
SOUTH,PRANGENBOFWFST OFJTNEASIXTHEPRINR]PALOFHERIDIAN,31EAGLENLOUNTYS
COLORADO, ANa BEING rlaRF PARTICULARIt DESCRIBED AS FOLLOWS:
BEGINHIRG AT THE QUARTER CORNER CQlHDN TD SAID SECTIOIIS I1 AkD 14;
THENCE ALONG THE WE5T LIHE OF SAID SOUTHEAST ONE-QUARTER DF SECTION
11, NO1`51'OD`F A -ISTANCf Of 532.50 FEET; THENCE ALONG THE
NORTHWESTERLY BOUNUAAY OF YAIL OAS SCHOHE FLING N0. 2, A SUDDIY]510N
FILED FOR RECORD AT RECEPTION ND. 110984 IN 7HE OFFICE OF THE EAGLE
COUNTY {LERK AHD RECORDER, FOR iHF iOLLOWING FIVE f51 COURSES:
1.} N59"~b'OO"E A OISTAIrCE DF 24b.00 FEET:
2.1 N79'2D'00'E A 015TANCE OF 122.00 FEET;
3.1 1128.08'00"E A DISTANCE OF 232.50 FEE7;
4.} N42`OS'DO'E A DISTANCE OF 150, 5D FEET:
5.1 M46'02'14"t A DISTANCE DF 436.75 FEE7 TO THE NORTH LINf DF
7HE SOUTHWEST UNE-QUARTER , SAID SOUTHEAST ONE-QUARTER OF
SECTEON 11;
THENCE ALONG 5AIR NORTH LINE NBb'20'OQ"E-A DISTANCE DF b25.8D FEET TO
THE SOUTHEAST ONE-SIXTEENTH CORNER DF SAID SECTION 11; THENCE ALONG
THE VEST LINE OF THE EAST OHE-HALF OF SAID SOUTHEAST ONE-QUARTER OF
SECTION 11, HDS"39'00"E A DISiANCE OF 168.50 FEET; THENCE ALONG THE
SOUIEDARY OF YAEL HEIGHTS FILING N0. 1. A SUBDIYIS101r fILCD FOR RECORD
Ai RECEPTION N0, 110485 1H THE OFFICE OF THE EAGLE CCUHTY CLERK A!!0
RECURUfR, FDR THE FOLLOWING TWELVE 1121 COURSES:
1.} N58`4D'00"E A DISTANCE Oi 610.82 FEET:
2,} H55`2e'SO"E A pISTANCE OF 7E5.00 FEET;
3.) 537'0)'52"E A DISTANCE DF 27D.49 FEET;
4.} S6b'SY'D8"W A DISTANCE OF 1W.00 FEET;
S.) 112,47 FEET ALONG THE ARC OF A LURYE TO THE LEFT HAYING A
CEHTkAL ANGLE OF 15'33'08' AND A RADIUS DF 414,37 FEET;
6.) 551'T9'00'W A DISTANCE DF 273.50 FEET;
7.1 81.77 FEET ALONG THE ARC DF A CUNYE TO THE RIGHT HAYING A
CENTRAL ANGLE OF D4"07'29" ArrO A RADIUS OF 1135.80 FEET;
8.1 555'26'24"W A DISTANCE DF 364.86 FEET;
9.} 739,54 FEET ALONG 7HE ARC OF A CURVE TD THE LEFT HAYING A
CENTRAL ANGLE OF 35`10'29" AHD A RAa]U5 OF 227.38 FEET;
10.1 520"lfi'00"W A pISTANCE OF 284.OD FEET;
11.1 270. i5 FEET ALONG THE ARC OF A CURVE TD THE RIGHT HAYING A
CENTRAL ANGLE OF 64'57'33' ANO A RADIUS OF 238.64 FEET;
12.} 585`13'33"W A DISTANCE OF 152.82 FEET TD SAID WEST LINE OF
THE EAST OHE-HALF, SOUTHEAST ONE-QUARTER OF SECTIDrr 11:
THENCE ALD11G THE; $OUNDARY DF THE INN AT LiEST YAIL, A SUBDIYI51011
FILED FOR RECORD IN BOOK 372, AT PAGE 866, IN THE OfF1Cf OF THE EAGLE
COUNTY CLERK ANa RfCDRDER FOR THE FOLLOWING SIX (4) COURSES:
1.} SE5'13'33`W A a157ANCE OF 104.34 FEET;
2.} 59,57 FEET ALONG THE ARC Qf A tURVE TO THE LEFT HAYING A
CENTRAL ANGLE OF 45'30'33' AND A RADIUS OF 75.00 FEET;
3.} 539'43'00"W A D]STANCE OF 89.04 FEET;
4.1 528'09'DO"E A D]STANCE OF 98.50 FEET;
5.} 245.63 FEET ALONG 7HE ARC OF A CURVE TD THE RIGHT HAYING A
CENTRAL ANGLE OF 72'23'01' AND A RADIUS OF 144,43 FEE7:
b.l 539'12'53"f A DISTANCE OF 171.75 FEET TO THE NORTNWESTEkLT
RIGHT-OF-WAY LINE OF IHTEASTATE 70, A PUBLIC ROAD;
THEIICE ALUrrG SAID iIDRTMIESTERLY RIGHT-OF-WAY LINE DF lNTENSTA7E 7U
FOR THE FOLLOWING TWELVE E12) COURSES:
I.) 681.89 FEE7 ALONG THE ARC OF A CURVE TD THE LEFT HAYING A
CENTRAL ANtiLE OF 06`3D'42", A RAO]US OF 6000.00 FEET AND A
CHORD WHICH BEARS 545`51'54"W 681.51 FEET DISTANT;
2.) 542`34'45"W A DISTANCE OF 6.30 FEET;
3.} 562'02'39"W A DISTANCE DF 282,2D ffET;
4.} S2fi']8'46"W A DISTANCE DF 463.30 FEET;
5.} 528'44'23"W A DISTANCE DF 458.9D FEET;
6.} S46'15'45'W A DISTANCE OF 178.42 FEET;
1,1 21~.T8 FEET ALONG THE AAL OF A CURVE TO 7HE LEFT HAYING A
CENTRAL ANGLE OF 15'41'51', A RADIUS DFI SOO,OU FEET, AND A
CHORD WHICH SEARS 546'29'36"W 218.50 FfE~T UISTAHT;
e.l 538"44'00"W A DISTANCE OF 414,59 'FEET;
9.) 545`48'18"N A DISTANCE OF 422,13 FEET;
10.} 521'36'24"W A DISTANCE OF 392.37 FEET;
11.1 285,25 FEET ALU11G THE ARC OF A CURYf iO THE RIGHT HAYING A
CENTRAL A1lGLE OF 09'17'D8", A RADIUS OF 1760.00 FEET, AND A
CkURD WHICH 8EAR5 559'23'18"W 284,92 FEE UIS7ANT;
12.1 567"03'24'W A DISTALILE OF 259.95 FEET 0 THE WEST LIHE DF
THE EAST ONE-HALF DF THE NORTHWEST ON -OUAATER OF SAID
SECTION 14;
THENCE ALONG SAID WEST LINf k01'20'00'W A DIS7AN E OF 1439.22 FEET;THENCE ALONG THE NORTHWESTERLY BOUNDARY OF YAIL R DGE, A SUBDIYISIOM
FILED FDR RECORD AT RECEPTION N0. 103252 iN THE D FiCE DF THE EAGLE
COUNTY CLERK ANO RECORDER, FOR THE FOLLOWING THREE r31 COURSES:
1,} rr5b`14'00`E A pISTANCE OF 100.50 FEET;
2.) N37']b'00"E A DI57ANCE OF 524,00 FEET;
3,1 N19`34'32"E A DISTANCE OF 468,37 FEET 71} THE NORTH LINE OF
SAID SECT]ON 14;
THENCE ALONG SAID }JORTH LINE OF SECTION 14, 1r86'22'~rD'E A 0[STArr;E ef:
803.9Y FEfi 7O THE PDIN7 DF BEGIHHlNG,
NOTES
1. THIS ANNE%A7IUH PLAT IS BASED UPON RECORDED PLATS AND LEGAL
DESCRIPTIONS FOUrfD 1N THE OFFICE OF THE EAGLE COUNTY CLERK AHD
RECORDER. 17 IN NO WAY REPRESENTS AN ACTUAL F]fL0 SURVEY OF 7HE
DESCREBEO PROPERTIES. 7HE PURPOSE OF THE ANNEXATION PI AT IS 7O
iEGALLY DfSCR]BE THE AREA OF LAND BEING INCLUDED WITHIN THE
CORPORATE LI1liT5 OF THE TOWN DF YAIL. THIS PLAT 5HOULD N07 of
USEa TD LOCATE OR ESTR$LISH REAL PROPERTY CORNEAS FOR ANY OF THE
SU8,1fCT PARCELS.
2. RECEPTION N0, ANp BOOK/PAGE REFERENCES REFER 70 THE RECORDS OF
THE EAGLE COUNTY CLERK AND RECORDER.
3. BEARINGS ARE TAKEN DIRECTLY FROM THE PLATS OF RECORD, EXCEPT FOR
7HE UMJPLA7TE6 LArrD SHOWN A5 LOT 21, SELT]ON i4. THIS PARCEL WA5
DESCRIBED PER THE DEPEtJOENT SURVEY ANO RESURVEY OF THE NWT/4,
SECTION 14, PREPARED BY THE BUREAU OF LANG MAHAuEMENi, THE
BEARINGS DF LDT 21 WERE ROTATED IN A CLOCKWISE OIRECTIOH BT
Ob'18" TD MATCH 7HE PLAT OF YAIL R10GE.
4. PfR[PNERY OF 7NE AREA TD 8E ArINEXED IS 14,369.75 FEET. PERIPHERY
CONTIGUOU5 WITH 7HE EXISTING TOWN DF YAIL 80UNDARY 15 2,8513.91
FEET, DNE-5I%TH OF TOTAL PERIPHERY 15 2,361,62 FEET,
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landowners therrot, axespt antl unlNe tweh~r
tracts or pareeh wero already NplMlad b1r •.:>
dedicatetl street, rotttl or other public way.
d] Thal in establishing the boundanas o1 Vtr
above described territory, no land held ht
itlenticai ownership, whether consiattny of one 7
tract or parcel of rose estate or two or moir .
contiguous tracts M parcels of real aslant'
comprising twenty 121 ecros or moro whitxt
together with the buildinya and Impt . b
situated thereon, have an aasesead valuation I
excess of two hundred thcuasnd dplidrii
6200,0001 far atl valorem tax pu •r ... ; ., }tN the
next year ,. - .' n~ the filln~ of the whhld~'~
petition. has bean included wdhln tM above;;
described territory without Me written nontisntx'
of the landowner or landowners therepl. ~j
ej f1tIK tits above-~~aecrFfiad falls
net indtrtlti t[ny tyre which k thr
eubatantirpytl+e esrtte ttfsainwhich
for aN anttenraaiaet to tt1B Town oLYd1
wiihin. tM-twafve'{121 months p 1 '-
fllinq el this petition. +~~
1) That the above described tsrrittxy
not inciutle any eras IneltWed In arms
proceedings Involving a munleipality other
the Town of Vail.
1 That the annexation of the proposed
will not detach aros from any achOpl die
Z. CONCW8ilONB AND D
MINATIONB.
Based on the 8ndlnys of }eM as set forth
Paragraph 1 hereof, the Town Coundl
the conclusions and . moires the Poll
determinations: !'~!.
a) The regwroments of the applicable
of Sections 31-12-404 and 31-12-105, C.A.
as amended, have been met with reapsct to
proposed annexation.
by An annexation eleetlon without thtt~
imposifivn of additional termsand eonditionals..a
required to determine the matter of the
proposed annexation in accordance with
Section 31-t2-t07{2y, C.R.S., as emended,
c] The Town o! Vall, Colorado, • h
accordance with 31-12-i12, C.R.S., , M
amended, shah the a petition in !hs District +,
Court in and far the County ci Eagie, State of
Coloratlo, requesting theCourt to appointthrtls ~
3] Commiaaionero tv call and hold an si
on SeptemAer 30, 1988 to detarmirro the m
of the proposed annexation and after the
election, it the majority of the votes asst fs lh
favor of the annexation, to enter an Order
the territory , .....,. tl to be annexed m8r !s
annexed by ttte'fown of Vaill, by ofdlrtenee.
3. This ReeMtHlan ahul tNw ether
adoption.
a~ a~ ~ ~o,~r~ ~ iY~
D6557 -~
08/D1/85
PROCEEDINGS OF THE TOWN COUNCIL OF
THE TOWN OF VAIL, COLORADO
RELATING TO
SPORTS FACILITIES REVENUE REFUNDING BONDS
VAIL ASSOCIATES PROJECT). SERIES 1986
IN A PRINCIPAL'AMOUNT NOT TO EXCEED 52.600,000
STATE OF COLORADO }
COUNTY OF EAGLE ) ss.
TOWN OF VAIL )
The Town Council of the Town of Vail, Colorado, met 3n
regular session at the Vail Municipal Building, the regular
meeting place thereof in the Town, on Tuesday, the 19th day of
August, ].986, at the hour of 7:30 p.m.
The fallowing members of the Town Council were present:
Mayor: Pal-do3~ato~r Abaewt
Mayor Pro Tem: Kent Rose
Council Members: Eric Affeldt
Dan Corcoran
Gail Wahr.'k~iCh-~-t~wenthaI
Gordon Pierce
Hermann - StXQfer
The following members of the Town Council were absent:
Pau,P. Jahna~an
The following persons were also present:
Town Manager:
Town Director of
Finance:
Town Attorney:
Town Clerk:
Rondall Phillips
C-lzti~l-ea-i~~k- Abben~
Lawrence A. Eskwith
Pamela A. Brandmeyer
The Mayor announced that one of the purposes of the
meeting was to be the consideration of a resolution supplementing
Ordinance No. 19, Series of 2986, authorizing the issuance by the
Town of its Sports Facilities Revenue Refunding Bonds {Vail
Associates Project), Series 1986, in the aggregate principal
amount of $2,600,D00, and the execution of various documents in
connection therewith.
D6567 1 08/13/86
The Mayor further announced that, in accordance with
Federal tax law relating to the bonds, a notice of public hearing
had been published in The Vail Trail, a newspaper of general
circulation in the Town of Vail and Eagle Gounty, in its issue
dated July 18, 1985.
Thereupon, at approximately 7:30 p.m., a public hearing
was held and all interested persons present were heard by the
Town Council.
Thereupon, the following proceedings, among others,
were had and taken:
Council Member Rope introduced the following
Resolution, which was read by title, sufficient copies having
previously been made available to the Council and to the public:
D5567 2 08/13/86