TC Ord. No. 2016-18 Authorizing Lot 39-Tract O Land ExchangeAV O n
CGI
TOWN OF AVON, COLORADO
ORDINANCE NO. 16 -18
APPROVING THE CONVEYANCE OF A PORTION OF TRACT O AND THE
ACQUISITION OF A PORTION OF LOT 39, WILDRIDGE, AVON,
COLORADO
WHEREAS, the Town of Avon owns Tract O, Wildridge Subdivision, Avon, Colorado,
( "Tract O ") of which the upper portion is used for a water storage tank for the drinking water
systems system serving the community and the lower portion of which is not used for public
purpose; and,
WHEREAS, 5032 -5040 Wildridge LLC ( "Owner ") is the owner of Lot 39, Block 4,
Wildridge Subdivision, Avon, Colorado, ( "Lot 39 "), which is adjacent to Tract O, and Owner
has proposed to convey a portion of Lot 39 to the Town of Avon and trade for acquiring a
portion of the lower section of Tract O which is not used for public purposes and which will
facilitate the construction of driveway access for the development of Lot 39; and,
WHEREAS, the Upper Eagle River Water Authority has reviewed the proposed acquisition
of a portion of Lot 39 and has indicated that such acquisition will provide suitable adjacent land
for the construction of a replacement water storage tank, and will therefore facilitate the future
capital investment in the drinking water system that serves the Avon community; and,
WHEREAS, Section 2.1 of the Avon Home Rule Charter provides that the Town of Avon
may receive and dispose of real property; and
WHEREAS, the Avon Town Council finds that approval of the exchange of land will
promote the efficient and secure provision of drinking water to the Avon community and will
thereby promote the health, safety and general welfare of the Avon community; and,
WHEREAS, approval of this Ordinance on First Reading is intended only to confirm that
the Town Council desires to comply with the requirements of the Avon Home Rule Charter by
setting a public hearing in order to provide the public an opportunity to present testimony and
evidence regarding this Ordinance and that approval of this Ordinance on First Reading does not
constitute a representation that the Town Council, or any member of the Town Council, supports,
approves, rejects, or denies this Ordinance.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF AVON, COLORADO the following:
Section 1. Recitals Incorporated. The above and foregoing recitals are incorporated herein
by reference and adopted as findings and determinations of the Town Council.
Ord 16 -18 Authorizing Lot 39 -Tract O Land Exchange
FINAL — September 21, 2016
Page 1 of 3
Section 2. Conveyances Subject to Subdivision Plat. The conveyance of a portion of Lot
39 from the Owner to Town of Avon and the conveyance of a portion of Tract O from the Town
to the Owner shall be conditioned upon and subject to the administrative review and approval of
a subdivision plat to adjust such lot lines according, and which subdivision plat shall include
such easements for drainage, utilities, adjacent sub - lateral support and other purposes as are
determined appropriate by the Town.
Section 3. Acquisition of a Portion of Lot 39. The Town Council hereby authorizes the
acceptance of real property as acquired by and through a Special Warranty Deed in substantially
the same form as attached hereto as Exhibit A: Special Warranty Deed Conveying a Portion
of Lot 39.
Section 4. Conveyance of a Portion of Tract O. The Town Council hereby authorizes the
conveyance of a Portion of Tract O by and through a Special Warranty Deed in substantially the
same form as attached hereto as Exhibit B: Special Warranty Deed Conveying a Portion of
Tract O and further authorizes the Mayor and Town Clerk to execute the Special Warranty
Deed.
Section 5. Severability. If any provision of this Ordinance, or the application of such
provision to any person or circumstance, is for any reason held to be invalid, such invalidity shall
not affect other provisions or applications of this Ordinance which can be given effect without
the invalid provision or application, and to this end the provisions of this Ordinance are declared
to be severable. The Town Council hereby declares that it would have passed this Ordinance and
each provision thereof, even though any one of the provisions might be declared unconstitutional
or invalid. As used in this Section, the term "provision" means and includes any part, division,
subdivision, section, subsection, sentence, clause or phrase; the term "application" means and
includes an application of an ordinance or any part thereof, whether considered or construed
alone or together with another ordinance or ordinances, or part thereof, of the Town.
Section 6. Effective Date. This Ordinance shall take effect thirty (30) days after the date of
final passage in accordance with Section 6.4 of the Avon Home Rule Charter.
Section 7. Safety Clause. The Town Council hereby finds, determines and declares that this
Ordinance is promulgated under the general police power of the Town of Avon, that it is
promulgated for the health, safety and welfare of the public, and that this Ordinance is necessary
for the preservation of health and safety and for the protection of public convenience and
welfare. The Town Council further determines that the Ordinance bears a rational relation to the
proper legislative object sought to be obtained.
Section S. Publication. The Town Clerk is ordered to publish this Ordinance in accordance
with Chapter 1.16 of the Avon Municipal Code.
Ord 16 -18 Authorizing Lot 39 -Tract O Land Exchange
FINAL — September 21, 2016
Page 2 of 3
INTRODUCED AND ADOPTED ON FIRST READING AND REFERRED TO PUBLIC
HEARING on September 13, 2016 and setting such public hearing for September 21, 2016 at
the Council Chambers of the Avon Municipal Building, located at One Lake Street, Avon,
J A TEST:
Fancher, Mayor Debbie Hoppe, Towh Clerk
TED ON SECOND AND FINAL READING on September 21, 2016.
ATTEST:
Debbie Hoppe, Town
own Attorney
Ord 16 -18 Authorizing Lot 39 -Tract O Land Exchange
FINAL — September 21, 2016
Page 3 of 3
:SEAL.
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