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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. t ~ s 2 -- 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 1 ~ l ~ 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. 1 ~ 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. 44 ~, t•',rf ,'~i l i TT~IJT• f t o~•n•~~C ~~rk 4 ~ .~~ 1 l4 1+iayor Orcia.nance Na.7 Pale 4 INTRODUCED, RS~,AD ON SECOND~i~READING, APPROVED AND ORDERED PUBLI SHL'D }3Y TITLE ONLY ,THIS ~" DAY OF `~.~--~`CLr (,~,.~,~~ , 19$0.~~ ~ . .~ 1`".lJ~~.~ ~~ i ,' jM~CL ~ y. • `l'1- y~J. Y L~.f .~~'.. T'I'E`S~' f, ~ Town `C~Ierls ' f FXIi1Bl'P ,~- 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 i 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.