Loading...
1974-13 Annexing a Portion of the Bighorn Area to the Town• . • ~ • ORDINANCE NO. 13 Series of 1974 AN ORDINANCE ANNEXING A PORTION OF TIIE BIGHORN AREA TO TI3E TOWN WHEREAS, at least t.en per cent of the qualified electors, wha are resident in and landowners of the area proposed to be annexed, which is situated in a 4 county of less than twenty-five thousand inhabitants, filed a petition for an annexation election with the Town Clerk of the Town of Vail, Colorado, on the 22nd day of March, 1974, in accordance with Section 139-21-6(2), Colorado Revised Statutes 1963, as amended, requesting the municipality to commence proceedings for the holding of an annexation election to determine the matter of the proposed annexation. of a portion of the Bighorn area, County of Eagle, State of Colorado, described in Exhibit A attached hereto and made a part hereof, to the Tawn of Vail; WHEREAS, the Town Council of the Town of Vail, Colorado, hereinafter referred to as the "Town", found the ;?etition for annexation election to be in substantial compliance with the aforesaid statute and adopted Resolution No. 9, Series of 1974, which is incorporated herein by reference ar_d made a part hereof. ; WIiEREAS, on the basis of competent evidence presented in the public hearing on the petition for annexation election on the 4th day of June, 1974, the Town Council determined that the applicable provisions of The Municipal Annexation Act of 1965, as amended, had been satisfied • ~ • ~ and adopted Resolution No. 14, Series of 1974, which is incorporated herein by reference and made a part hereof; WHEF,EAS, the Town filed a petition to hold an annexation election in the District Court in and for the County of Eagle, State of Colorado, on the 28th day of June, 1974, and on said date the court entered an order to hold the annexation election on the 6th day of August, 1974, and appointing three election commissioners to call and hold the election, which are incorporated herein by reference and made a part hereof; WHEREAS, in the annexation election held on the 6th day of August, 1974, 219 proper ballots were cast by qualified electors, of which there were 151 votes for annexation and 68 votes against annexation, as indicated in the Certificate of Election Result, which is incorporated herein by reference and made a part hereof; and WHEREAS, on the 9th day of August, 1974, the District Court entered an order authorizing annexation without special terms or conditions, a copy of which is attached hereto and made a part hereof; NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, AS FOLLOWS: Section 1. Title. This ordinance shall be known as the "Ordinance Annexing a Portion of the Bighorn Area to the Town". Section 2. Annexation of a portion of the Bighorn area to the Town. Pursuant to the Order Authorizing Annexation of the District Court in and for the County, of Eagle, State • ~ ~ ~ • of Colorado, entered on the 9th day of August, 1974, the Town of Vail, Colorado, hereby annexes without special terms or conditions a Qortion of the Bighorn area, County of Eagle, State of Colorado, described ire Exhibit A hereof. Section 3. Annexation costs. All costs and expenses connected with the annexation, including commissioner fees not exceeding for each commissioner $2.00 for each hour of necessary service, shall be paid by the Town of Vail, Colorado, Section 4, Filing of annexation maps. Within thirty days after the effective date hereof the Town Clerk of the Town of Vail, Colorado, shall file one copy of the annexation map, a copy of which is on file in the District Court in and for the County of Eagle, State of Colorado, with the original of this annexation ordinance in the records of the Town, one copy of said map with the County Cler)c of the County of Eagle, State of Colorado, and one copy of said map with the Division of Local Government of the Department of Local Affairs, State of Colorado. Section 5. Toning of annexed Bighorn area. Within ninety days after the effective date hereof_ the Towr_ of Vail, Colorado, shall impose zoning on the annexed Bighorn area in accordance with its Zoning Ordinance, Ordinance No. 8, Series of 1973. Section 6. Effective date of annexation. The annexation, except for the purpose of general taxation as provided in Section 7 hereof, shall take effect upon the effective date of this annexation ordinance. • Section 7. Effective date of general taxation. For the purpose of general taxation the annexation shall be effective on and after the 1st day of January, 1975. Section 8. Effective date. This ordinance shall take effect five days after publication following the final passage hereof. INTRODUCED, READ ON FIRST READING, APPROVED AS AMEY?DED, AND ORDERED PUBLISHED ONCE IN FULL, this 20th day of August, 1974, and a public hearing on this ordinance shall be held at the regular meeting of the 'T'own Council of the Town of Vail, Colorado, on the 3rd day of September, 1974, at 7:30 P.M., in the Municipal Building of the Town. or ATTEST' l~~`Q~~~ ~'"' l Town Clerk ~ / ,, • ~ EXHIE3IT A LEGAL DE'SCRiPTION A parcel of land lying in the soui•h t/2 of Section 2, Township 5 south, rang©~81 west, the south i/2 of the south i/2 of Soctlon 3, Township 5 south, ranee 81 west, the east I/2 of the northeast I/4 of Section II, Township S south, range 81 west, the west I/2 and the southeast I/4 of Soctlon 12, Township 5 south, range III west, the northeast I/4 of the northeast I/4 of Soctlon 13, Township 5 south, range 81 west, and the northwest i/4 of the northwest !/4 of the northwest I/4 of Section 18, Toc~nship 5 south, rangy 80 t~rest of the 6th principal meridian, Eagle County, Colorado, and described as: Beginning at the southeast corner of said Section 3; thence along tl~e south line of said Section N 89°23'38" N! 3678.17 fe©t; thence N G3 "01'24" E 665.00 feet; thence N I7y'01'24" E 255.00 feet; thence N 58°01' 24" E 380.00 feet; thence F! 15° 10' 13" ti~! - 126.41 feet; thence N 70°39'43" E 230.00 feet; 1•hence S 6720'17" E 300 .00 feet; thence S 83''20' 17" E 300 .00 feet; thence Fd 8`'38' 29" R'! 414.45 feet to the south right-of-way line of interstate 70; thence along said south line on the following courses: S 89"59'52" E 868.80 feet, N 65''10'31" E 32.95 feet to the northwest corner of Vali Viliage Eleventh Etling; thence along the westernmost line of said Subdivision on •the to!lowing courses: S 0°04'57" E 27.22 toot; S 30°46'13" W 194.73 feet; S 50°35°14" W 52.77 feet; !-hence along the southernmost line of said Subdivision on the following courses; S 62°07'44" E 564.72 feet; S 80°32'00" E 225.00 feet; ~ '- N 45°28'00" E 280.00 feet; N 64°28'00" E; 180.00 foot; N 89`'58'30" E 4(0.00 feet; N 74''00'UO" E 220.00 feet: S 89°39'00" E 270.00 feel-; (~( 33°30x00" E 220.00 feet; N 14°56'18" E 62.67 foot to the south right-of-way line of Interstate 70; thence N 14°56'18" L- 337.48 feet to the north rightaot--way lino of Interstate 70 and the southern- most line of Vail Village Ttirelfi'h filing; thence along said common lin© on the follo~'ing courses: S 87°33'05" E 8!1.08 feet; N 8b°41'40" E 645.34 feet; a curve •i-o the right of which ha.s a radius of 2190.00 feet and interior angle of 7°11x20", the long chord of ~rhich bears S 75°O6' 1 I " E 27~i . 59 feo•r; thence a t ong said north right-of-gray i ne: on a curve to the right wig i ch has a radius of 2 f 90 .00 feet and inferior angle of I°47'47", the lone chord of which bears S 70°29'44" E 68.66 toot; thence S S6°17'Ub" E 425.70 feet; thence N 89°58'38" !_ 2227.73 feet 1'o the east line of said Section 2; thence along said east line S 0°25' 02" E 1 3 1 1 .44 feet fo •{•ho oorth- west corner of said Section l2; thence along the nori•h lino of said Section N 89°46x04" E 1325.25 feet; thence S 0°22'32" E 864.47 feet to the north right-of-way line of Interstate 70; thence along said north line S 39°15'51" E 595.60 feet; thence N 89°56'il" E 950.37 feet; thencQ S 0°20x04"~E 513.23 feet to the north right- of-way line of interstate 70; thence S 0°20'04" E 504.83 feet to the South right-of-4ray line of Interstate 70; thence S 0°20'04" E 312.00 feet; thence S 89°52'42" E 13?_9.00 feet; thence S 0°03x00" E !325.45 feet; thence N 89°56'13" E 1316.11 feet; thence S 0°00'00" !320.85 feet to the northwest corner of said Section 18; thenc© along the north line of said Section 18 S 89°53'21" E 24'7,70 feet; thence S 25°01'59" ~! 585.38 Poet to the west line of said Section t8; thence N 90°00'00" tir' 7,00 feet; thence S 0°00'00" 177.00 feet; thence .N 9000'00" E 7,00 feet to the east line of said Section 13; thence S 0°00x00" 614,81 feet; thence t1 89°53'24" 1~! !306.85 feet; thence N 0°00'00" 1322,68 foot to the south line of said Section !2; thence along sal d south 1 ine N 89°53' 24" S'! 1306.85 feet; thence tJ 0448'18" 1~! 1312.99 feet; thenc© N 89°57'00" W (123.90 feet; thence N 89°49' 09" t'! 154 I .45 feet to 'the west I i ne of said Section i I ; thencQ along Bald west line N 0°!9'00" ti~! 1983.12 feet; thence S 89°50'54" W 662.59 feet; thencQ N 0°19'04" t'! b60.59 feel-; thonc© N 89"49'06" Y! 662.59 feet; thence N 0°02x40" E (37.0.76 feet to the south ling of Said Section 2; 1-hence along said south lino t! 89"52'42" W 1325.25 foot; thenc© F! 89°43'45" 1V 2692.51 feet to the true point of beginning, a tract of land which contains 653.464 acres, more or logs. .. {, 4 IN TiiE DI~'TF7CT COURT IPi AND FOR THE COUiv`L"1 OF E~~GLE STATE; OF COLOPu,DO Civil Action No. 2206 IN TfiE P?ATT?~;l?. OF THE ) ANNE'~ATION OF A PORTIOTI ) OF THE f3IGHOFI~: AREA, ) ORDER AUTHORIZING EAGLE COU"1'I'I', COLORADO, ) AI`:NF}:ATION TO THI TOi~N Off' VAIL, ) . COLORADO ) After consideration of the ex parte Motion for Order Authorizing Annexation filed herein pursuant t_o Section 139-21-11, Colorado Revised Statutes 1963, as amended, and there being good cause therefor, • IT IS HEREBY ORllERED as follocas 1. In accordance with the result of the anne}ration election held on the 6th day of August, 1974, wherein there were 151 votes for annexation and 68 votes against annexation, a majority of the vates cast being in favor of annexation, the Town of Vail, Colorado, is authorized to annex without special terms or conditions a portion of the Bighorn area, Eagle County, Colorado, described in Exhibit A of the Petition. 2. All costs and expenses connected with the annexation, including commissioner fees not exceeding for each commissioner $2.00 for each hour of necessary service, shall be paid by the Town of Vail., Colorado. DATED: Eagle, Colorado, this 9th day of August, 1974. a! ~rRrcr cau~r Eagle County, Colorado Cerfified to .~e fu!I, true and correct ~oPy of t:;~ a; e i; al in my custody. Date -_-- ..-<~ /f,7f! By •-•-•--....--~~-.G~• Clerk ._......_. Deputy Clerk Charles R. Casey JUDGE OF THE ABOVE ENTITLED COURT • ~ • ~ ~ Ordinance No. 13, Series of 1974 INTRODUCED, READ ON SECOND READIr1G, APPROVED AS AA4ENDED, ENACTED, AND ORDERED PUBLISHED ONCE IN FULL, this 3rd day of September, 1974. i ~~ ~~ yor ATTEST: ~- '~~.~,"~'"y Town Clerk / • .. a • • C IFICATE OF DISPOSITION OF ORDINANCE IT IS r, _E3Y CERTIFIED purusant to the C;:harter of the Town of Vai I, Cols; •:do, Article IV, Section 4.14, '• at Or- dinance No. ~.~ Series of 1974, to the :.riginal of which this certificate is affixed, was duly adop~c:d on second reading by the Town Counc i I at its regu I ar meet i ° on the ~~ day of '~'Z , 1974, i is adoption v~:.~s authenticated by the signitures of the Mayor and the Town Cler-'r,, and said ordinance was duly published in full after said adoption~~i'n` The Vai I Tra i I newspaper on the ~ day of ,Gd~~i'72~,~-C/7i , 1974, as indicated by the certificate of publication of said newspaper which iG attached to the original of said ordinance, and accordingly on the date hereof said ordinance was duly re- corded in the•official records of ordinances of the Town of Vaii, Colorado. DATED: Vail, Colorado, this ~~~' day of 1974. Tow n v • ~ • ~ • Grdir~nce No. 13 Series of 1974 COPIES OF DOCUMENTS INCORPORATED IN ORDINANCE BY REFERENCE