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HomeMy WebLinkAbout1987-11 Regarding the Proposed Annexation of East Intermountain to the Town of Vail1 ~... RESOLUTION N0. 11 Series of 1987 A SECOND RESOLUTION REGARDING TWE PROPOSED ANNEXATION OF A PORTION OF TWE AREA KNOWN AS EAST INTERMOUNTAIN TO THE TOWN OF VAIL TWROUGW AN ANNEXATION ELECTION. r WWEREAS, 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 far annexation election with the Town Clerk of the Town of Vail on the 17th day of February, 1987; and WWEREAS, the Town Clerk referred said petition to the Town Cnunci] of the Town of Vail as a communication at a regular meeting of the Tawn Council on the 17th day of February, 1987; and WWEREAS, 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 far 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 WWEREAS, after making said findings the Town Council enacted Resolution No. 6, Series of 1987, which set a second public hearing on the election petition at a public meeting of the Town Council on April 7, 1987, at 7:30 p.m., at the Municipal Building of the Town of Vail to determine if the petition complies with Sections 3I-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 WWEREAS, the Town Clerk gage notice of said hearing which was published along with a copy of Resolution No. 6, Series of 1987, in the Vail Trail and the Eagle Valley Enterprise, newspapers of general circulation in the area proposed to be annexed on February 20, 27, March 6, and 13, 1987 (Vail Trail) and February 2fi, March 5, 12, and 19, 1987 {Eagle Valle.v Enterprise}, 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 resolved by the Tawn Council of the Town of Vail, Colorado, that: FINDItJGS OF FACT On the basis of competent evidence presented in the public hearing and the petition for annexation election held on the 7th day of April, 1987, 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 Vaii. b} That a community of interest exists between the above described territory and the Town of Uail, 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 or parcel of real estate or two or mare contiguous tracts or parcels of real estate, has been divided into separate parts or parcels without the written consent of the landowner or 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. 2- r' ~ b i LEGAL. DESGRfPTIQN A TRACT OF LAMB- eEING A PORTION OF• WEST ONE-HALF OF SECTION 14 AND A PORTION OF THE SOUTHEAST ONE-QUARTER OF SECTION 15, TOWNSHIP 5 SOUTH, RANGE 81 TEST OF THE SIXTH PRINCIPAL MERIDIAN, EAGLE COUI~l7Y, COLORADO, AND BEING MORE pARTIGULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF THE NORTHWEST ONE-QUARTER.OF THE SOUTHWEST ONE-QUARTER OF SAID .SECTION 14, WHENCE THE WEST ONE-QUARTER CORNER OF SAID SECTION 14 BEARS S87 09'00"W 138O.Ob FEET DISTANT; SAID POIN7 BEING ON THE 50UTNEASTERLY RIGHT-OF-WAY LINE OF INTERSTATE HIGHWAY NO. 70; THENCE ALOtJG SAID SOUTHEASTERLY RIGHT-OF-WAY LINE FOR THE FOLLOWING THREE (3} COURSES: • i.) N87 09`OO'E A DISTANCE OF 111.28 FEET; 2.) N2l 37'06"W A DISTANCE OF 73.65 FEET; 3.) N69 34'00"E A DISTANCE OF 111.80 FEET; THENCE N34 58'26"W A DISTANCE OF 347.34 FEE7 TO THE SOUTHWEST CORNER OF GOVERNMENT LOT 21, SECTION 14, SAID POINT BEING ON THE NORTHWESTERLY RIGHT-OF-NAY LINE OF SAID INTERSTATE HIGHWAY N0. 70; THENCE ALONG SAID NORTHWESTERLY RIGHT-OF-WAY LINE FOR THE FOLLOWING FIVE (5) COURSES: 1.) N67 03'24"E A DISTANCE OF 259.95 FEET; 2.) '285.23 FEET ALOtlG THE ARC OF A.GURYE TO THE LEFT HAYING A CENTRAL ANGLE OF U9 17'OS", A RADIUS OF 1760.00 FEET AHD A CHORD WHICH BEARS N59 23'1!3"E 2$4.92 FEET DISTANT; 3.} NZl 36'24"E A DISTANCE OF 392.3T FEET; 4.) N45 4$'18"E a DisTANCE or' 422.13 FEET; 5.) N38 44'00'E A DISTANCE OF 414,59 FEET;• THENCE S19 26'47"E A DISTANCE OF 512.00 FEET TO THE INTERSECTION OF THE SOUTHEASTERLY RIGHT-OF-WAY LINE OF SAID INTERSTATE HIGHWAY N0. 70 AND THE EAST LINE OF THE NORTHWEST OfdE-QUARTER OF SAID SECTION i4; THENCE SO1 26'30"E ALONG SAID EAST LINE A DISTANCE OF 1075.47 FEET TO THE SOUTHEAST CORNER OF SAID NORTHWEST ONE-QUARTER OF SECTION 14; THENCE SOi 28'45"E ALOtJG THE EAST LINE OF THE NORTHEAST ONE-QUARTER OF THE SOUTHWEST ONE-QUARTER OF SAID SECTION 14 A DISTANCE OF 1366.74 FEET TO THE SOUTHEAST CORNER OF BLOCK 9, YAiL INTERMOUNTAIN DEYELOPMEN7 SUBDIVISION, A SUBDIVISION RECORDED A1' RECEPTION N0. ]21087 IN THE RECORDS OF THE EAGLE COUNTY CLERK AND RECORDER; THENCE S87 36'55"W A DISTANCE OF 2708.69 FEET TO THE SOUTHWEST CORt1ER OF SAID BLOCK 9; THENCE N47 04'38"W A DISTANCE OF 54.47 FEET TO THE SOUTN4lEST CORNER OF BLOCKS 5 AND 6, PAIL INTERMOUNTAIN SUBDIVISION, A SUBDIVISION RECORDED AT RECEPTION N0. 114403 IN THE OFFICE OF THE EAGLE COUNTY CLERK AND RECORDER; THENCE ALONG THE WESTERLY 80UNDARY OF SAID BLOCKS 5 AND b FOR THE FOLLOWING FOUR {4} COURSES: 1.} N20 27'00"W A DISTANCE OF 152.35 FEET; 2.) N06 35'09"W A DISTANCE OF lO2.O1 FEET; 3.) N27 23'41"W A DISTANCE OF 50.00 FEET, 4.) N59 40'35"W A DISTANCE OF 123.89 FEET TO THE SOUTHERLY LINE OF LOT ] OF SAID BLOCK 5; • THENCE ALONG THE SOUTHERLY AND EASTERLY BOUNDARY OF SAID LOT 1 FOR THE FOLLOWING TWO {2) COURSES: 1.} N61 18'30"E A DISTANCE OF ]71.34 FEET; 2.) N38 OO'OO"W A DISTANCE OF 1b3.39 FEET TO THE SOUTHEASTERLY RIGHT-OF-WAY LINE OF SAID INTERSTATE HIGHWAY N0. 70; THENCE ALONG SAID SOUTHEASTERLY RIGHT-OF-WAY LINE FOR THE FOLLOWING SIX {6) COURSES: 1.} 350.19 FEET ALO~~G THE ARC OF A CURVE TO THE RIGHT HAYING A CENTRAL ANGLE OF 6 00'00", A RADIUS OF 3344.00 FEET AND A CHORD WHICH BEARS N55 ]0'38"E 350.03 FEET DISTANT; 2.) N58 11`O6''E A DISTANCE OF 559.86 FEET; 3.) N59 ]0'09"E A DISTANCE OF 290.30 FEET; • 4.) 194.3 FEET ALONG THE ARG OF A CURVE TO THE RIGHT HAYING A CENTRAL ANGLE OF 04 09'18", A RADIUS OF 2680.00 FEET AND A CHORD WHICH BEARS N63 37'44"E ]94.31 FEET DISTANT; 5.) N67 25'09"E A DISTANCE OF 197.10 FEET; 6.} N87 O9'OOE A DISTANCE OF 109.47 FEET TO THE POINT OF BEGINNING. g) That the annexation of the proposed area will not detach area from any ' school district. 2. GONCEUSIONS 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 applicable 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 call and hold an election on May 19, 1981 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 7th day of April, 1987. Paul R. Johns~o Mayor ATTEST: Pamela A. Brandmeyer, Tow Clerk 3- 4. ~ ~ Q, a 34 Q ~ s~ ~ ~G3. d j Yr ~. Q, ~ ~~~~~~ ~ m v ~ ~ 3 ~ ~ ~~c ~~3~~ig ~ ro ss. ~ ~ ~ - ~i. ~ g. ~ Q ~ ~ ~ ~ 3o Q.g ~~ $ Z g N a c~ ~i ~ Q ~° ~~~~`~ 3 y ~- ~ H ~~@CLG7O~~~ ~ m ~ ~~ ~ ~~~~~ a ~ ~ ~ ~~~7~x c© g o ~ ~ ~ ~ ~ ~~ ~~~? exrofstr A owf. ot=_acFafmoN A tract of !antl Winy a portion of the Wast tlne-half o} Section 74 and a port+on of the Bbutheest one-qusrter of Sectiort 15. Township 5 South, Range 81 West of the Sixth Principal Meritlien, Eagle County, Caloretlo end being more particulaNy described as follows: Beginning et the Northeast Comer o! the N+7rthwest one-quarter of the Southwest j one-quarter of said Section f4, whence the West one-quarter corner of said SeMivn 14 bsarsS87tlegreea09'00"W1380.06feetdlstantsaidpointbeingvntheSoutheasterly light-0l-way line of lnter5tare Highway Nv. 7D; thence akvng said Southeasterly rightwi-way One forlhe iolfawing three {3} Courses: t) N87 s 09'00" E a distance o1 it1.28 teet:2)N21 degrees 37'06" W a distance of 73.651eet SJ N69 tlegrees 34.00" E a distance vt 771,60 1Nt; thence N 34 degrees 58'26" W atlistance o1 Si7.34 feet to the Southwest corner o! Oovsrnment 4ot 27, Section t4, said point being on the northwesterly right-ol-way fine of field lnlerstate Highway No. 70; thence along pid Northwesterly right-af-way line for the fclk)wing }five (5} oourses: 4) N67 degrees 03'24" E a distance of 259.95 feet; 2) 285.23 feet along the arc o1 a curve to the left having a ventrsl angle oT 09 degrees 1708", a ratlius of 17!!0.00 feet and a chord which freers N59 UepreeS 23'18" E 284.92 feet distant; 3) N 21 degrees 36'24" E s d~stence of 392.37 feet; 4} 1~ degrees 48'48" E a tlistance of 422.13 feet 6- N3B tlegrees 44'00" E a distance at 414.59 feet: thence S 19 degrees 26'47" E a distance of 61200 fast to the intersection of the Southeasterly right-of-wny line of said I :. ~: to Highway Nv. 70 and the fast line of the Northwest one-Quarter of said Section 14; thence S 01 degrees 26'30" E slang said East Nrts a distance at 1075.47 feet tv the Southeast confer of seitl Northwest one~uarter of Section 14; !hence S 01 degrees 28'45" E along ltte Eaat line of the Northeast one-quarter o7 the outhweat one~uarter of saitl Section 1a a Alatance of 1386.74 feet tothe Southeast corner Ot Stook 9, Vai! Intermountain Development Subdivlaion, a subtlivtsion recordetl et Reception No. 121067 in the records at the Eegls County Clerk antl Racartler, thence S B7 degrees 38'55" W a distance of 2708.69 feet to the Southwest cornderoi said Block 9; thence N 47 tlegrees 04'38" W a distance of 54.47 feet fo the Southwest corner of Stocks 5 and 6, vad Snearmauntein Subdivision, a subtlmsion recvrtlad at Reception No. 114403 in the office Y ~Yf tfieEagtel,^,ountyClerk nndRe~order; thence 11Ongg the Wen[erly boundary of said BkockS 5 artd 8 for the fallowing four 14) courses: 1 } N 20 depress 27`00" W a tlistance of 152.35 feet; 2} N OE+lpreea 35'09" W a tlistance 01102.01 feet 3) N 27 depress 23'41" W a distance of 50.00 feet i) N 58 tlegrees 40'35" W e tlistance of 123.89 teN to the Southerly Brie of Lot 4 of said Block 5; thence along the Southerly antl Easterly Jwundary of said Lot 1 fpr the fallowing two {2) A04nras: 1) N 8t degrees 18'30" E s distance of 7j.34 feat; 2) N 3B degrees 00'00" W a distance i!~.58 feel to theSoutheaslerly right-of-way eatd Interstate Highway No. 70; thence 7 pitl Southeasterly right-of-wsy line for lowing sax f6) courses. 1I 350.19 lest aiatp the arc of a curve to the right having a i0~1Wa1 angle of 6 tlegrees 00'00", a radius of 11p feet end a chord which beers N 55 t~Me 10'36" E 350.03 tee[ distant; 2) N 58 tlr,p 11'06" E a distance x1559.86 Feet; 3) N 6Bp rase 10'09" E e distance of 294.30 feet; 4) feet along the arc of a curve to the rightacenValangleof04degrees09'16", a asdlGa p12680.00 feet and a chard which bears degrees 37.44" E 194,31 feet tlistant 5J N ress 25'09" E a distance of t 9210 f set: 6} rees 09'00" E a distance of 709.47 feet point of beginning. fished In The Vail Frail on April 10, 1987 Fl7LL this 7th day of April, 1987. r.~~ TOWN pF VAf1.:` Paul R. 3ohnston ' 7TEST: Mayor ,~ A. Bn „ awn Clerk