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HomeMy WebLinkAbout1974-22 Regarding the Proposed Annexation of a Portion of the Bighorn Area to the Town through an Annexation ElectionRESOLUTION NO. 22 Series of 1974 A SECOND RESOLUTION REGARDING THE PROPOSED ANNEXATION OF A PORTION OF THE BIGHORN AREA TO THE TOWN THROUGH AN ANNEXATION ELECTION WHEREAS, at least ten per cent 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 situated in a county of Less than twenty-five thousand inhabitants, filed a Petition for Annexation Election with the Town Clerk of the Town of Vaii, Colorado, hereinafter referred to as the T'Town", on the 20th day of September, 1974; WHEREAS, in a public hearing or. the 24th day of September, 1974, the Town Council of the Town considered said election petition and found it to be in substantial compliance with the requirements of Section 139--21-6(2), Colorado Revised Statutes 1963, as amended, and enacted Resolution No. 20, Series of 1974, which set a second public hearing on said election petition at a special meeting of the council on the 29th day of October, 1974, at 1 :00 P . M . , in the Munici- pal Building of the Town; and WHEREAS, the Town Clerk gave notice of the public hearing on said election petition to be held on the 29th day of October, 1974, at 1:00 P. M. , in accordance with Section 139-~21-7(2), CRS 1963, as amended, received proofs of publication of the required notices, and attached the certificates of publication of the newspaper to said Resolution No. 20; NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCI L OF THE TOWN OF VAI L, COLORADO, A5 FOLLOWS: Section 1. Title. This resolution sha[L be known as "Resolution #2 Regarding Pro- posed Bighorn Annexation Through an Annexation Election" . Section 2. Findings of fact. On the basis of competent evidence presented in the public hearing on the petition for annexation election on the 29th day of October, 1974, at 1;00 P.M., the Town Council of the Town of Vail, Colorado, finds and determines as follows; A . At least one-sixth of the perimeter of the area proposed to be annexed is contiguous with the Town of Vail, Colorado, the annexing municipality; the area proposed to be annexed is described in Exhibit A hereof and shown on the Annexation Plat which is incor- porated herein by reference and made a part hereof. B. A community of interest exists between the territory pro- posed to be annexed and the annexing municipality; the territory pro- posed to be annexed is urban; and the territory proposed to be annexed is integrated or is capable of being integrated with the annexing munici- pality. C. Fn establishing the boundaries of the territory proposed to be annexed there was no division of any parcel of land therein held in identical ownership. The territory proposed to be annexed does not include an area of land held in identical ownership that consists of twenty acres or more which, together with the buildings and improvements situated thereon, has an assessed value in excess of two hundred thousand dollars for ad valorem tax purposes in 1973. E. No annexation proceeding concerning any part of the territory proposed to be annexed has been commenced by another municipality. F. Pursuant to the Petition far Annexation Election which was filed with the annexing municipality, an annexation election is required to determine the matter of the proposed annexation. 2 Section 3. Conclusions and determinations. Based on findings of fact set forth in Section 2 hereof the Town Council reaches the conclusions and makes the determinations as follows: A . The requirements of the applicable parts of Sections 139- 21-3 and 139-21-4, Colorado Revised Statutes 1963, as amended, have been met with respect to the proposed annexation. B. The Annexation Plat which is incorporated herein is approved and shall be executed by the Mayor and the Town Gierk. C. An annexation election without the imposition of additional terms and conditions is required to determine the matter of the proposed annexation under Section 139-21--6(2), CRS 1963, as amended . D. The Town of Vail, Colorado, shall forthwith file a petition in the Districfi Court in and for the County of Eagle, State of Colorado, requesting the court to appoint three commissioners to call and hold an annexation election to determine the matter of the proposed annexation in accordance with Section 139--21-1 1 , CRS 1963, as amended, and after the election, if the majority of the votes cast is in favor of annexa- tion, to enter an order that the territory proposed to be annexed may be annexed by the Town by ordinance . Section 4. Effective date. This resolution shall take effect upon its adoption. INTRODUCED, READ, APPROVE©, AND ADOPTED, this 29th day of October, 1974. 1 L~ ATTEST Town Cl 3 EXHTBTT A LEGAL DESCRIPTION A parcel of land lying in the west 1/2 of the northwest 1/4 of Section 18, T. 5 S., R. 79 W. of the 6th principal. meri- dian, Eagle County, Colorado, and described as: Beginning at the northwest corner of said Section 18; thence S 89°53' 24" E 287.7.0 feet along the north line of said Section 18 to the true point of beginning; thence continuing along said north line 5 89°53'24" E 370.90 feet to the southern right- of-way line of U.S. Highway 6; thence along said right-of- way line on the following courses; S 61°25'24" E 736.25 feet, 5 28°34'36" W 40.00 feet, S 61°25'24" E 51.86 feet to the east line of the W 1/2 NW 1/4 Section 18; thence S 0°02'00"" E 2223.38 feet along said east line to the south line of the northwest 1/4 of said Section 18; thence along said south line S 89°37'00" W 1296.82 feet to the west line o~ said 1/4 Section; thence along said west line N 00°26'00" E 528.27 feet; N 0°00'00" 1409.23 feet; thence N 90°00`00" ~~ 7.00 feet; thence N 0°00'00" 177.00 feet; thence N 90°00'00" E 7,00 feet; thence N 25°01'59" E 585.3$ feet to the true point of beginning, a tract of land which contains 73.983 acres, more or Tess. r 4 s CERTIFICATE OF DISPDSITIDN OF RESOLUTION IT IS HEREbY CERTIFIED pursuant to the Charter o~ the Town of Vail, Colorado, Article IV, Section 4.6, that Pesolution No. ~°2 Series of 1974, to the original of which this certificate is affixed, wasr~duly adopted b the Town Council at its 'Y meeting on the o[~,~ day of , 1974, its adoption was authenticated by the signatures of the Mayor and the Town Clerk, and accordingly on the date hereof said resolution was duly recorded in the official records off' res- olutions of the Town of Vail, Colorado. DATES: Vail, Colorado, this ,~~ day of ,1.914. t Town C /