HomeMy WebLinkAbout1983-16 Support for Municipal Annexation of Contiguous Federal Lands and Authorizing Political Actions in Support thereoft c-
RESOLUTION #16
Series o:P 198; )
A RESOLUTION OF THE TOWN OF VAIL TOWN
COUNCIL EVIDENCING SUPPORT FOR MUNNICIPAL
ANNEXATION OF CONTIGUOUS FEDERAL LANDS AND
AUTHORIZING POLITICAL ACTIONS IN SUPPORT
THERE03' .
WHEREAS, a community of interests often Pxistc between a
contiguous ski area on permitted federal Lands a.nd the base area
municipality; and
WHEREAS, abase area municipality is impressed with certain
off-site impacts which, in the proper exercise of government,
necessarily must be mitigated and serviced; and
WHEREAS, base area municipalities should be encouraged to
develop new sources of revenue to finance mitigation of off-site
ski area impacts; and
WHEREAS, the Colorado Constitution gives the people the
right to expand and modify municipal boundaries and thereby
favors municipal control over areas of common interests and
economic bases; and
WHEREAS, the Town of Vail. has been petitioned in the past
by a representative of the U.S. Forest Service for the purpose
of annexing certain Forest Service lands within the Town's
immediate sphere of influence and the Vail Town Council under
the Colorado Constitution approved the annexation of such parcels
in 1980; and
WHEREAS, the United States should be encouraged to consent
to municipal annexations of unincorporated federal lands provided
the authorized purpose of the reservation of the federal lands are
not abridged.
NOW, THEREFORE, be it resolved by the Vail Town Council of the
Town of Vail, Colorado, that the Vail Town Council by this Resolution
supports and encourages municipal annexation of contiguous federal
lands where a community of interests in said lands exists.
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BE IT FURTHER RE~DY,VED, that the Vail. Town Council supports and
encourages the United StatE~s to comply with the requirements of C.Y;.S.
Section 31-12-1060_) (b) '~~y con^enting to the annexation process
reserving all righf:s t~~ the use of such lands which the United Stai;es
may have under federal Constitutional, statutory and common law.
Dated this 6th day of December, 1.983.
i
Ro~ieq~E . S 1 ' er , "~~ay ~
ATTEST:
Pamela A. Brandmeye~~~
1 ~
MYLER, STULLER & SCHWARTZ
ATI'ORNFYS AT LAW
DAVID J. MYLEA
SANDRA M. STULLER
ALAN E. SCHWARTZ
arry Eskwith, Esq.
Attorney for the Town of Vail
75 S. Frontage Raad
Vail, Colorado 81557
Dear dir. Eskwith:
October 26, 1983
450 5. GALENA, SUITE 202
ASPEN, COLORADO81bi1
3Q3) 924{418
Now that the cobwebs of last Friday night have cleared, I would like
to relate a few additional thoughts on the subject of ski area annexation:
I am convinced that if Snowmass Village is successful in its attempts to
annex the Snowmass Ski Area, all ski towns and any municipality which has
federal land an its border will benefit from the experience whether theychoosetoattemptannexationornot.
Following adoption by your Town Council, I intend to use the
resolution of support to demonstrate to state and federal officials the
extent of moral support far the proposition that municipalities ought to
be able tc annex adjacent Federal lands if it is in their best interest,
and to bolster the Snownass Village Town Council's resolve to continue
with our annexation.
It occurs to me that the lack of certainty resulting from the
consent issue" is a problem that encompasses both controversial and
benign annexations. Through our efforts, we hope to establish a policy,
supported by adequate authority, which would allow Forest Supervisors the
discretion to not only consent to annexations but to petition when
appropriate. Resolution of the consent issue will not only add certainty
to annexation proceedings but wi11 shift the focus of debate firam an
extraneous technicality to the propriety of the particular annexation in
question.
I thank you far your support. Please call me if you have any
questions or wish to discuss the matter further.
Sincerely,
MYL.ER, STDLLER & SCH4~ARTZ
By O
David ~7. Myler
Attorneys for Town of 5nowmass
DJM/sb
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L~tLVL''N~VUIt I'II, PA'i'I2ICiC i'r LOGII f~I LA D, P, G.
MEMORANDUM
TO:
DATE:
RE:
Affected Parties
October 21, 1983
Annexation o£ Federal Lands by Colorado Municipalities
INTRODUCTION
The Town of Snowmass Village, Colorado, has embarked upon a
progressive approach to increasing its tax bases by the con-
sideration of a petition for annexation of certain private fee
lands together with approximately 9,000 acres of federal reserve
White River Nation Forest, Snowmass Mountain Permit Ski Area).
It has been the position of the annexing municipality in over
three years of discussions with the United States Forest Service
that the rights of the,Federal government would be no greater or
less after annexation due to the supremacy of federal laws
please see attached correspondence fx-an the Town's counsel, Mr.
Myler, Myler, Stoller and Schwartz to Mr. Woodrow, United States
Forest Service).
A potential problem to the concept of annexation by election
lies in C.R.S., 31-12--105(l)(b) which requires the "written
consent" o~ a landowner who owns land which is either divided by
annexation or is in excess of twenty acres and has improvements
thereon valued (for tax purposes) in excess of $200,OOU. The
legislative purpose behind this requirement is to ensure that
landowner's land may not be encumbered by unreasonable con-
ditions on annexation or increased tax liability without speci-
fic consent; the statute's policy necessarily is not applicable
to annexation of federal lands upon which conditions may not be
unilaterally imposed. As anyone who has worked with federal
agencies realizes. obtaining consent is difficult when no incen-
tive exists for or against an act by the federal government.
INCENTIVES x'O ANNEXATIQN
1. "New federalism" is designed to encourage local govern-
ments to carry an increased share of local costs; this is
reflected in the decline of state and federal grants and
matching graint programs. Annexation, while not affecting
existing local land use power over federal lands, would provide
additional tax revenues to municipalities directly impacted by
off-site costs of recreational development of adjoining federal
lands.
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L~IVI:I~r~1'pRTII. P.r1"I'ItICI{ ~r LOCIIIILAI). I? C.
lesiiorandurrs
October 21, 1983
Page 2
2• The federal government in similar instances has con-
sented or acquiesced and in other instances rejecting annexation
bids, A uniform policy toward annexation with a: reservation of
federal rights of use over federal lands would create uniformity
af.what will be an ever--increasing trend to municipal annexation
of federal lands_
3., Consent. (or acquiescence) to annexation (with
appropriate federal reservations) will encourage the existing,
statutory, and historical policy of the federal government to
adhere to local customs and law where they are not inconsistent
with specific federal powers under general comity principles.
Provided, an annexing municipality does not run contrary to
the policy of not imposing land use restrictions which interfere
with ,the purposes of a federal representation, the United
States', as a matter of comity should attempt to uphold and
adhere to Local concerns. See, Wilson v. Cook, 327 US 474
i~345); Ventura County v. Gulf Oil Company, b01 F.2d 10$0
1979); Brubaker v. Board of County Commissioners, 652 P.2d 1050
1982).
RECOMMENL7ED ACTION
1~. Encourage the lobbying of Federal Officials to support
compliance with C.R-S. 31-12--105(1}(b}. Compliance could be
secured through a letter indicating acquiescence in the annexa-
tion process pursuant to the statute reserving all rights to the
use of federal lands under federal constitutional, statutory and
common law.
2. Encourage local. municipalities to adopt the attached
Resolution.'
OULOfZADO
RESOI.,UT I O[d NO .
Series of 1983
A RESOLUTION EVIDENCING SUPPORT FOR MUNICIPAL ANNEXATION OF
CONTIGUOUS FEDERAL LANDS AND AUT~iORIZING POLITICAL ACTIONS IN
SUPPORT THEREOF.
WHEREAS, a community of interests often exists between a
contiguous ski area on permitted federal lands and the base area
municipality; and
WHEREAS, a base area municipality is impressed with certain
off-site impacts which,~in the proper exercise of government,
necessarily must be mitigated and serviced; and
WHEREAS, base area municipalities should be encouraged to
develop new sources of revenue to finance mitigation o£ o£f-site
ski area impacts; and
WHEREAS, the Colorado Constitution gives the people the
right to expand and modify municipal boundaries and thereby
favors municipal control over areas o£ common interests and eco-
nomic bases; and
WHEREAS, the United States should be encouraged to consent
to municipal annexations o£ unincorporated federal lands pro-
vided the authorized purpose of the reservation of the federal
lands are not abridged.
NOt4 THEREPORC, be it resolved by tYie
Colorado that the by this Resolution supports and
encourages municipal annexation of contiguous Federal lands
where a community of interests in said lands exists. '
E IT FURTHER RESOLVED, that the supports and
encourages the United States to comply with the requirements of
C.R.S., Section 31-12-105{l}(b) by consenting to the annexation
process reserving all rights to 'the use of such lands which the
United States may have under federal Constitutional, statutory
and common law.
Dated this day of
Mayor
ATTEST;
1983.
Clerk
s
ORDINANCE NO. _ 7
Series of 1980
AN ORDINANCE ANNEXING TO T:TIE TO~ti`N
O1{' VAIL TIGHT PARCELS OF PROPERTY
LOCA'I~ED IN ~ EAGLE COUN`1`Y, COLORADO;
PRESENTLY OR'NED BY THE UNITED
STATES FOREST SERVICE; AND SETTING
FORTH FINDINGS AND CONCLUSIONS
AND OTHER DETAILS IN RELATION THERETO
11'HIREAS, a petition for annexation to the Town of
Vail of eight parcels of property located in Eagle County,
Colorado has been submitted to the Town Clerk of the -Tov~n
of Vail and referred therefrom to the Town Council;
jYHIaREAS, the owner of 100% of the property proposed
for annexation, exclusive of the stxeets and alleys, is
the United States Forest Service;
j1'HEREAS, the petition was signed by Ernest Nunn, Holy
Cross District Ranger;
1iliEREAS, in accordance with C.R.S. 31-12-107(1)(8),
1973 as amended, the Town Council may by ordinance annex
the above specified property without notice, hearing or
election inasmuch as the petition was signed by the owner
of 100% of the property; and
S1'H1aREAS, the Town. Council is of the opinion that the
petition should be granted and that the subject property
should be annexed to the Town of Vail;
NOji', THEREFORE , BE IT ORDAINED BY THE T0~1~N COUNCIL
OF THE TOj4N OF VAiL, COLORADO, THAT:
Section 1. Findings.
The Town Clerk of the Tawn of Vail has referred to the
Town Council a petition for annexation of eight parcels
of property {hereinafter referred to as the "subject property'
and more specifically described in Exhibit "A" attached hereto)
j~ ~ i.
Ordinance NO. 7 Page 2
that are located in Eagle County, and the Town Council
specifically finds upon review of said petition:
A) The petition is in substantial compliance
with the requirements of C.R.S. 31-12-10701), 1973, as amended.
B) The petition was signed by th,e owner of 100
of the area proposed to be annexed, exclusive of streets and
alleys.
C) The subject proerty is eligible for annexation
to the Town of Vail in that at least one-sixth of its
boundaries are contiguous with the Town of Vail, there is
community of interest between the Town of Vail and the
subject property, the subject property will be urbanized in
the near future, and it is capable of being intergrated into
the Town of Vail.
D) There are no limitations to the annexation of
the subject property to the Tawn of Vail in that no land
held in identical ownership has been divided without the
written consent of the landowner thereof, no land held in
identical ownership comprising 20 acres or mare with an
assessed valuation in excess of $200,040 for ad valorem
tax purposes has been included without the written consent
of the owner, no other annexation proceedings have been
commenced by another municipality with relation to the
subject property, and no area will be detached from a school
district by this annexation.
E) No additional terms or conditions are to be
imposed upon this annexation.
Ordinance No.
F)
7 Page 3
The subject property may be annexed
by ordinance ti~~ithout notice, hearing or election in accord-
ance with subsection {g) of 31-12•-107, C.R.S. 1973, as
amended.
Section 2. Azlnexation.
The property located in Eagle County, Colorado, more
particularly described in Ea;hibit "A" attached hereto is
annexed to the Town of Vail, Colorado.
Section 3. Effective Date.
The annexation and this ordinance shall take effect
in accordance with the charter of the Town of Vail and
the 'T'own Clerk is directed to file for recording two certified
copies of this ordinance and a map of the area annexed
containing a legal description of such area with the Eagle
County Clerk and Recorder and one copy thereof with the
Division of Local Government of the Department of Local
Affairs.
Section 4. Zoning.
The subject property hereby annexed to the Town of Vail
shall be referred to the Planning and Environmental Commission
for review and recommendation regarding zoning in accordance
with Chapter 18.68 of the Vail D~unicipal Code.
INTRODUCED, READ ON FIRST READING, APPROVED AND ORDERED
PUBLISHED ONCE IN FULL, this 15th day of January, 19$0, and
a public hearing on this ordinance shall be held at the
regular meeting of the Town Council of the Town of Vail,
Colorado, on the ~ day of -, ~_~,~ ~ ~ ~ .f i ~~ , 1980, at 7:30
P.hi. , in the hfunicipal Building of the To~3~n.
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INTRODUCED, RS~,AD ON SECOND~i~READING, APPROVED AND ORDERED
PUBLI SHL'D }3Y TITLE ONLY ,THIS ~" DAY OF `~.~--~`CLr (,~,.~,~~ ,
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Parcel A
The SE i/4 NE 1/4 SE 1/4 Section 1, Township 5 South, Range 81 1vest of
the 6th Principal .~;eradian, said SE 1/4 NE 1/4 SE 1/4 Section 1 being mono
Particularly desc~-i}red as follows:
Beginning at the Southeast Corner of SE 1/4 NE 1/4 SE 1/4 of said Section
1, Township 5 South, Range 81 l~:est of the 6th Principal t•;eridian; thence N 00"03'
50" E 353.92 feet on the cast line of said Section I; thence N 00°03'50" E
391.97 feet on said east line and the ~,~est boundary of ~1ai1/Potato Patch, a sub-
division recorded in the office of the Fagie County, Caloxado, Clerk and Recorder;
thence S 87°47'40" W 688.78 feet to the Northwest Corner of the SE 1/4 NE 1/4
SE 1/4 of said Section I; thence S 00°03'50" it 695.89 feet to the Southwest Cor-
ner of the SE 1/4 NE 1/4 SE 1/4 of said Section 1; thence N 87°47'40" E 688.78
feet to the Point of Beginning, containing 478,940 square feet or ].0.995 acres,
more or less.
Parcel B
The SW 1/4 of the SW 1/4 of Section 5, Tewnship 5 South, Range 80 ldest of the
6th : rind.pal t•;oridian, sa.Ld SW 1/4 of the 5W 1/4 being more particularly describ-
ed as follo:ti~s:
Beginning at the Southwest Corner of said Section 5; thence N 00°23'18" W
1320.00 feet to the South 1/16 Coiner co;r~rnon to said Se-ction 5 and Section 6, Town-
ship 5 South, Range 80 ~•7est of the 6th Principal t•;eridian; thence N 89"46'26" E
I328.99 feet to the South~.aest 1/16 Corner of said Section 6, thence S 00°18'14" E
1320.00 feet to the hest 1/16 Corner common to said Section 6 and Section 7, Town-
ship S South, Rar,ge 80 1•~est of the 6th Principal Meridian; thence S 89°46'27" E
1327.04 feet to the Southwest Corner of said Section 5, the Point of Beginning,
containing 1,752,978 square feet or 40.243 acres, more or less.
Parcel C
e
A part of the NE 1/4 Section 7 and the NW 1/4 Section 8, Township 5 South,
Range 80 West of the 6th F rincipai Meridian, said part being moxe particularly
described as follows:
Beginning at the Northwest 1/16 Corner of said Section 8; thence S 00°09'00"
E 443.20 feet on the westerly boundary of Block 1, Vail Village Fifth Filing, a
subdivision recorded in the office of the .Eagle County, Colorado, Clerk and Re-
corder, said boundary also being the west lino of the SE 1/4 NW 1/4 of said Sec-
tion 8; thence departing said boundary N 62°28'00" W 628.6b feet; thence S 89°44'
00" W 765.21 feet; thence 5 89°41'00" W 1472.83 feet; thence N 00°23'00" W
150.OD feet to the South:~est Corner of Lot 1S, Block 7, Vail Village First Filing,
a subdivision recorded in the office of the Eagle Count}~, Colorado, Clerk and Re-
corder; thence h 89°41'00" E 1472.83 feet on the southerly boundary of said Vail
Village First Filing to the ?~ort^ 1/16 Corner of said Sections 7 and 8; thence con-
tinuing on said }~ouncary t~ 89°44`00" E 1322.52 feet to the Point of Beginning,
cont:~ining 500,368 squire feet ax 11.498 acres, more or less.
4
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Parcel
Phe N 1/2 SW 1/4 S44 1/4 hW 1/4 Section 9, Township 5 South, Range 80
Svest of the Gth Principal 1;czidian, said Parcel being more particularly c3ascrila-
ed as follows:
Beginning at the Southwest Corner of the N l./2 5W 1/4 NW 1/4 of said Sec-
tion 9; thence S 89°?_3'42" E 660.65 feet on the southerly boundary of Blocks
5 and 7 Vail Village Seventh Filing, a subdivision recorded in the office of
the );agle County, Colorado, Clerk and Recorder; thence departing said boundary
S 00°19'52" W 330.00 feet; thence N £39°7.3'42" W 660.96 feet to a point on the
west line of said Section 9; thence N 00°?_3'03" E 330.00 feet on said west line
to the Point of ~5eyannang, containing 218,06?. square feet or 5.006 acres, more
or less.
Parcel E
ihe NW 1/9 SE 1/4 NS4 l/4 Section 9, Township S South, Range 80 Y7est of
the Gth Principal t•;eridian, said parcel being more particularly described as fol--
1 c~~as
Beginning at the Northwest 1/16 Corner of said Section 9, thence S 89°23'41"
E 660.04 feet on the south line of the N 1/2 of the N 1/2 of said Section 9 which
is the south boundary of Vail Valley First Filing, a subdivision recorded in the
office of the Eagle County, Colorado, Clerk and Recorder; thence departing said
south boundary S 00°16'90" W 660.00 feet on the east lane of said NW 1/4 SE 1/4
NW 1/4; thence N 89°23'91" E 660.04 feet an the south lino of said NW 1%4 SE 1/4
IvW 1/4; thence N 00°16'40" E 664.00 feet on the west line of said NW 1/4 SE 1/4
NW 1/4 to the Point of Eeginning, containing 435,620 square feet or 10.000 acres,
more or less.
Parcel F
A tract of land comprised of the SW 1/4 SW 1/4 NW 1/4 and the W 1/2 SE 1/4
SW 1/4 IvW 1/4 Section 2, Township 5 South, Range 80 West of the 6th Principal t•Se -
ridian, said tract being more particularly described as follows:
Beginning at the t•.est i/4 Corner of said Section 2; thence 5 89°24'13" E
978.18 feet on the southerly line of the NW 1/4 of said Section 2, also being the
northerly boundary of Vail Village T-~aelfth and Thirteenth Filings, which are sub-
divisions filed in the office of the Eagle County, Colorado, Clerk and Recorder;
t3~ence departing said line N O1°44'17" 1; 660.00 feet on the east line of the W
1/2 SE 1/4 5W 1/4 NW 1/4 of said Section 2; thence N 89°24'13" W 978.18 feet
on the northerly line of the S 1/2 SW 1/4 NW 1/4 of said Section 2; thence S 01°
49'17" W 660_.00 feet to the Point of Eeginning, containing 645,470 square feet
or 14.818 acres, mere or less.
F ~ ~~
Parcel G
A part of the SW 1/4 SW 1/4 Section 7, TownshiQ 5 South, Range 79 L4est at
t}1e (, t}; Princik~al ?•leridian, Eagle County, Colorado, said part of Section 7 being
more particularly oescxibed as follows:
I'~eginning at the Southwest Corner of said Section 7; thence N 00°00`00" E
430.fl0~feet on the westerly line of said Section 7; thence S 67°38'08" E 11.35.40
feet to a point on the southerly line of said Section 7; thence N 89°53`24" W
1050.00 feet on said southerly line to the Southwest Corner of said Section 7,
the Point of Beginning, containing 22.5,750 square feet or 5.182 acres, more ar
less.
Parcel H
1`he NE 1/9 NW l/4 Section 18, Toti+*nship 5 South, Range 79 A'est of the 6th
Principal N,eridian; said Iv'E l/4 NW 1/4 being more particularly described as fol-
lows:
Bog.i.nning at the t•:est 1/15 Cornor common to said Section 18 and Section 7,
Towa~shi_ 5 South, Range 79 S•iest of the 6th Pri__cipal P•;eridian; hence S 89°53' 24"
E 1320.00 feet to the 1~arth l/4 C rner of said Section 18; thence S fl0°02'00" E
137.0.00 feet to the CN 1/l6 Corner of said Section 18, thence N 89°53'24" W
320.00 f{set to the i.orth~~est 1/16 Corner of said Section 18; thence N 00"02'00"
W 1320.00 feet to said t•7est 1/.16 Corner, the Point of Beginning, containing
1,742,395 square feet or 40.000 acres, more oz less.