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TC Resolution 25-20 Receiving the State Land Board Annexation Petition, Initiating Annexation Proceedings and Setting a Public Hearing DateA Avon COLORADO RESOLUTION 25-20 RECEIVING THE STATE LAND BOARD ANNEXATION PETITION, INTIATING ANNEXATION PROCEEDINGS AND SETTING A PUBLIC HEARING DATE WHEREAS, the State Land Board has submitted a petition for annexation to the Avon Town Clerk in accordance with the Colorado Municipal Annexation Act of 1965 ("Act"); and, WHEREAS, Council finds that the Petition meets the requirements of C.R.S. §31-12-107 and is therefore in substantial compliance with C.R.S. §31-12-107(1). NOW, THEREFORE, BE IT RESOLVED BY THE TOWN OF AVON that the Avon Town Council hereby sets a public hearing date on Tuesday, October 14, 2025, at 5:30 pm, or as soon thereafter as possible, at the Avon Town Hall, 100 Mikaela Way, Avon, Colorado. BE IT FURTHER RESOLVED that Council herby initiates annexation proceeding and directs the Town Clerk and Staff to proceed with the procedures and posting of public hearing notices to determine eligibility for annexation in accordance with the Act, including the preparation and referral of an Annexation Impact Report. ADOPTED AUGUST 26, 2025 by the AVON TOWN COUNCIL By: ;;t)- Attest: /y) amra N. Underwood, Mayor Miguel Jauregg Resolution 25-20 State Land Board Annexation Petition August 26, 2025 Page 1 of 1 nueva, T �N t1F Alrp� :SEXL T— Cierk © COLORADO State Land Board August 21, 2025 VIA FEDERAL EXPRESS AND E-MAIL mjauregui@avon.org Miguel Jauregui Town Clerk Town of Avon 100 Mikaela Way Avon, Colorado 81620 Re: Dowd Junction Annexation Petition Withdrawal Dear Mr. Jaurequi: The State of Colorado owns in trust and manages through the Colorado State Board of Land Commissioners (the "Board") certain real property located in unincorporated Eagle County, Colorado, abutting the jurisdictional boundary of the Town of Avon ("Town") and known as Dowd Junction (the "Property"). Through the Petition for Annexation dated 10/24/2023 (the "Petition") the Board previously requested the Town consider and approve annexation of the Property into the Town of Avon. In Section 9(c) of the Petition, the Board reserved the right to withdraw the Petition by notifying the Town Clerk in writing. None of the events listed in Section 9(c)(i)-(iii) that might have terminated the Board's right to terminate have occurred. In discussions with Eric Heil, Town Manager, and Town staff, the Board has determined the best course of action is to withdraw the Petition and submit a new petition to annex a smaller portion of the Property. The Board's understanding is the Town Manager agrees with and supports the withdrawal of the Petition and the submission of a new petition. -6F c-> 1127 Sherman Street, Suite 300, Denver, CO 80203-2206 P 303.866.3454 1 F 303.866.3152 i s1b.colorado.8ov * *i /876� The Board withdraws the Petition. Please do not hesitate to reach out to me with any questions. The Board looks forward to working with the Town and its staff on this matter. Sincerely, l/ �, `2 Eliot L. Hoyt Assistant Director of Sustainability and Working Lands o o< Neti 1127 Sherman Street, Suite 300, Denver, CO 80203 2206 P 303.866.3454 F 303.866.3152 I stb.colorado.gov ATTACHMENT B ceI COLORADO State Land Board August 21, 2025 VIA FEDERAL EXPRESS AND E-MAIL MPIELSTICKERC&-AVON.ORG Matt Pielsticker Planning Director Town of Avon 100 Mikaela Way Avon, Colorado 81620 Re: Dowd Junction Annexation Petition Submittal Dear Matt: The State of Colorado owns in trust and manages through the Colorado State Board of Land Commissioners (the "Annexor") certain real property located in unincorporated Eagle County, Colorado, abutting the jurisdictional boundary of the Town of Avon ("Town") and is a portion of the area known as Dowd Junction (the "Property"). The purpose of this letter is to request, on behalf of the Annexor, that the Town consider and approve annexation of the Property into the Town of Avon, as more particularly set forth in Annexor's petition for annexation submitted in accordance with C.R.S. § 31-12-107(1)(c) ("Petition"). The Petition and four copies of an annexation boundary map of the Property, as required pursuant to C.R.S. § 31 12 107(1)(d), are enclosed herewith. Based on previous discussions with Eric Heil and Town staff, it is our understanding that the pre -application conference with respect to annexation of the Property as required by Town Code § 7.16.020(a) previously has been satisfied through multiple pre -submittal conferences among Annexor, yourself, other consultants and other Town staff concerning the proposed annexation of the Property, among other matters. We ask that you confirm our understanding. As also discussed, in connection with the intended development of the Property for "Community Housing" as defined in the Town Code, Annexor requests the Town waive the development application review fees applicable to this annexation (and associated entitlement 1127 Sherman Street, Suite 300, Denver, CO 80203-2206 I P 303.866.3454 1 F 303.866.3152 1 slb.colorado.gov ATTACHMENT B applications Annexor will submit in connection with the annexation), including without limitation, costs for internal staff and third -party consultants and professionals, studies and reports as required by Town Code § 7.04.100. We understand the Town is amenable to such waivers as discussed during the joint work session of Town Council and the Town Planning and Zoning Commission on October 10, 2023 and subsequent meetings with Town staff. Accordingly, the Annexor requests that Town Council formally approve the waivers by resolution in accordance with Town Code §§ 3.14.030 and -060. On behalf of the Annexor, we respectfully request that you deliver the Petition and accompanying annexation maps to Town Council for its consideration of the Petition's "substantial compliance" in accordance with the requirements of C.R.S. § 31-12-107(1) and -107(f). Please do not hesitate to reach out to me with any questions. We look forward to working with you and Town staff on this matter. Sincerely, e5�L ? X­,-- Eliot L. Hoyt Assistant Director of Sustainability and Working Lands E %6 1127 Sherman Street, Suite 300, Denver, CO 80203 2206 P 303.866.3454 F 303,866,3152 01 slb.colorado.gov Y.1876 } ATTACHMENT B PETITION FOR ANNEXATION OF UNINCORPORATED TERRITORY IN THE COUNTY OF EAGLE, STATE OF COLORADO TO THE TOWN OF AVON, COLORADO To: Town Council of Avon, Colorado The undersigned ("Petitioner"), in accordance with the Municipal Annexation Act of 1965, Article 12, Title 31, Part 1, Colorado Revised Statutes, as amended (the "Act"), hereby petitions (this "Petition") the Town Council of the Town of Avon, Colorado ("Town"), for the annexation to the Town of the land located in the County of Eagle, Colorado, as more particularly described in Exhibit attached hereto and incorporated herein by this reference (the "Property"). In support of this Petition, Petitioner alleges as follows: I . It is desirable and necessary that the Property be annexed to the Town. 2. The condition set forth in Section 30(1)(b) of Article 1I of the Colorado Constitution has been met, the provisions of Section 30 of Article II of the Colorado Constitution have been complied with, and the requirements of Sections -104 and -105 of the Act exist or have been met in that: (a) Not less than one -sixth of the perimeter of the Property is contiguous with the existing boundaries of the Town. (b) Contiguity with the Town is not established by use of any boundary: (i) of an area previously annexed to the Town that, at the time of its annexation, was not contiguous at any point with the boundary of the Town, was not otherwise in compliance with Section-104(1)(a) of the Act, and was located more than three miles from the nearest boundary of the Town ("Non -Contiguous Area"); or (ii) of territory subsequently annexed directly to, or indirectly connected through subsequent annexations to, a Non -Contiguous Area. (c) A community of interest exists between the Property and the Town. (d) The Property is urban or will be urbanized in the near future. (e) The Property is integrated or is capable of being integrated with the Town. (f) In establishing the boundaries of the Property, 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: ATTACHMENT B (i) has been divided into separate parts or parcels without the written consent of the landowners thereof unless such tracts or parcels are separated by a dedicated street, road or other public way; or (ii) comprising twenty acres or more (which, together with the buildings and improvements situated thereon, has a valuation for assessment in excess of two hundred thousand dollars for ad valorem tax purposes for the year next preceding the annexation) is included without the written consent of the landowners. (g) The Property is not presently a part of any incorporated city, city and county, or town; no proceedings have been commenced for incorporation or annexation of part or all of the Property to another municipality; nor has any election for annexation of the Property or substantially the same territory to the Town been held within the twelve months immediately preceding the filing of this Petition. (h) Annexation of the Property will not result in the detachment of area from any school district and the attachment of the same to another school district. (i) Except to the extent necessary to avoid dividing parcels within the Property held in identical ownership, at least fifty percent of which are within the three mile limit, annexation of the Property will not have the effect of extending a municipal boundary more than three miles in any direction from any point of the Town boundary in any one year. 0) In establishing the boundaries of the Property, if a portion of a platted street or alley is annexed, the entire width of said street or alley is included, and annexation of the Property will not result in the denial of reasonable access to any landowner, owner of an easement, or owner of a franchise adjoining a platted street or alley which has been annexed by the Town but is not bounded on both sides by the Town. 3. Petitioner comprises more than fifty percent of the landowners of the Property and owns more than fifty percent of the Property, excluding public streets and alleys and any land owned by the Town. 4. The mailing address of Petitioner and the date of signing of Petitioner's signature are all shown on this Petition. 5. The legal description of the land owned by the Petitioner is set forth underneath on Exhibit B attached hereto and incorporated herein by this reference. As more particularly described on Exhibit B, the land owned by Petitioner constitutes one hundred percent (100%) of the Property within the meaning of Section-107(1)(g) of the Act. 6. The affidavit of the circulator of this Petition certifying that each signature on this Petition is the signature of the person whose name it purports to be and certifying the accuracy of the date of such signature is attached hereto as Exhibit C and is incorporated herein by this reference. I_rIll l_[91:IJil=1`a 3 7. Accompanying this Petition are four prints each of an annexation boundary map in the form required by Section-107(1)(d) of the Act and containing the following information: (a) A written legal description of the boundaries of the Property. (b) A map showing the boundary of the Property. (c) Within the annexation boundary map there is shown the location of each ownership tract in unplatted land, and if part or all of the area to be platted, then the boundaries and the plat number of plots and blocks are shown. (d) Next to the boundary of the Property is drawn the contiguous boundary of the Town and the contiguous boundary of any other municipalities abutting the Property. 8. In connection with the processing of this Petition, the Petitioner requests that the Town: (a) Institute zoning approval processes for the Property in accordance with Section —115 of the Act and Section 7.16.050 of the Municipal Code of the Town; and (b) Approve and execute an annexation and development agreement ("Annexation and Development Agreement") which, among other matters, establishes vested property rights for the Property for an agreed upon term greater than three years pursuant to Article 68, Title 24, Colorado Revised Statutes, establishes certain development incentives and density bonuses, dedication waivers and/or development/impact fee and tax waivers and credits, and otherwise establishes the development plan for the Property; and 9. Petitioner has filed this Petition subject to the following conditions: (a) Concurrently with its approval of annexation of the Property, the Town: (i) approves zoning which is substantially consistent with the application for zoning which Petitioner submits in connection with this Petition; and (ii) approves, authorizes execution of and executes the Annexation and Development Agreement (collectively, the "Approvals"). (b) The County of Eagle, Colorado, and the Upper Eagle River Water Authority approve, pursuant to that certain Eagle Park Reservoir Stock Agreement between the Board of County Commissioners of Eagle County, Colorado, and the Upper Eagle Regional Water Authority dated July 29, 2020 ("Stock Agreement"), use of "Reservoir Company stock" (as defined in the Stock Agreement) to satisfy the water rights dedication requirements of the Property upon terms and conditions acceptable to Petitioner (the "Water Allocation Approval"). (c) Petitioner hereby reserves the sole, exclusive and unilateral right to withdraw this Petition by so notifying the Town Clerk in writing at any point prior to the latest to occur of ATTACHMENT B (i) the latest of the final, non -appealable approval of the final ordinance(s) or other final approval(s) approving the Approvals; (ii) final, non -appealable resolution of any "Legal Challenge." For purposes of this Petition, "Legal Challenge" means either: (i) any third party commences any legal proceeding or other action that directly or indirectly challenges the annexation of the Property, any of the Approvals, the Water Allocation Approval, any of the Town's ordinances, resolutions or other approvals approving the annexation of the Property or any of the Approvals, or any of the ordinances, resolutions or other approvals approving the Water Allocation Approval; or (ii) any third party submits a petition for a referendum seeking to reverse or nullify any of such ordinances; and (iii) any later date contemplated in the Annexation and Development Agreement. (d) Prior to expiration of the period described in the foregoing subparagraph (b) without Petitioner having withdrawn the Petition, neither Petitioner nor the Town shall cause or permit the occurrence of the conditions to effectiveness of the annexation as set forth in Section-113(2)(b) of the Act. 10. Upon the annexation of the Property becoming effective, and subject to the conditions set forth in this Petition and to be set forth in the Annexation and Development Agreement, the Property shall become subject to all ordinances, resolutions, rules and regulations of the Town, except as otherwise set forth in the Annexation and Development Agreement, and except for general property taxes of the Town, which shall become effective on January 1 of the next succeeding year following adoption of the annexation ordinance. 11. Except for the terms and conditions of this Petition, and of the Annexation Agreement, which terms and conditions Petitioner expressly approves and therefore do not constitute an imposition of additional terms and conditions within the meaning of Sections-107(4), 110(2), 111 or I I2(t) of the Act, Petitioner requests that no additional teens and conditions be imposed upon annexation of the Property to the Town. [ signature pages and exhibitsfollow this page ] ATTACHMENT B THEREFORE, Petitioner requests that the Town Council of the Town complete and approve the annexation of the Property pursuant to the provisions of the Act. PETITIONER: STATE OF COLORADO By: lu� 9. Name: I�S 9e-F0%^A J v Title: DjAr&o,e STMtB JO fl+-440 Date: Petitioner's mailing address: 1127 Sherman Street, Suite 300, Denver, Colorado 80203. Is Petitioner a resident of the Property? No. Signature Page to Petition for Annexation ATTACHMENT B EXHIBIT A Legal Description of the Property A parcel of land situated in the NW 1/4 of Section 16 and the SW 1/4 of the NE 1/4 of Section 16, Township 5 South, Range 81 West of the Sixth Principal Meridian, County of Eagle, State of Colorado and being more particularly described as follows: Beginning at the northwest corner of said Section 16, a 2-1/2" GLO brass cap 1942 in place; thence S89'54'05"E along the north line of said Section 16 a distance of 1371.40 feet to a point: thence departing said north line S00°05'55"W a distance of 270.59 feet to a point on the northerly right-of-way of the Union Pacific Railroad according to Right of Way No. 443, Book 4; thence along said north right-of-way the following four (4) courses: 1. along the arc of a curve to the right having a radius of 1256.60 feet, a tangent of 429.45 feet, a central angle of 37'44'12", and a distance of 827.63 feet (chord bears S57°55'02"E a distance of 812.75 feet); 2. S39°02'56"E a distance of 657.77 feet; 3. along the arc of a curve to the left having a radius of 1382.70 feet, a tangent of 358.41 feet, a central angle of 29°03'49", and a distance of 701.38 feet (chord bears S53'34'51"E a distance of 693.89 feet); 4. S68°06'45"E a distance of 183.64 feet; thence departing said north right-of-way line of the Union Pacific Railroad S32°58'40W a distance of 282.86 feet to a point on the northerly right-of-way of U.S. Highway 6; thence along said Highway 6 the following seven (7) courses: 1. N70°00'00"W a distance of 42.00 feet; 2. N75°21'30"W a distance of 214.10 feet; 3. N70°19'23"W a distance of 220.67 feet; 4. along the arc of a curve to the right having radius of 651.30 feet, a tangent of 146.28 feet, a central angle of 25°19'00", and a distance of 287.78 feet (chord bears N57'20'32"W a distance of 285.45 feet); 5. N41 °25'02"W a distance of 175.49 feet; 6. N44°41'02"W a distance of 155.40 feet; A-1 ATTACHMENT B 7. along the arc of a curve to the right having radius of 1985.00 feet, a tangent of 399.97 feet, a central angle of 22°47'05", and a distance of 789.38 feet (chord bears N56*04'35"W a distance of 784.18 feet); thence departing said north right-of-way line of U.S. Highway 6 and continuing along the east line of the Second Amendment to CDOT Right -of -Way No. 1780, Book 17 recorded March 12, 2024 under Reception No. 202402625 the following three (3) courses: 1. N22°24'07"E a distance of 100.48 feet; 2. N44°48'33"W a distance of 251.07 feet; 3. N07°06'27"W a distance of 41.11 feet; thence departing said Second Amendment to CDOT Right -of -Way No. 1780, Book 17 and continuing along the north property line of Parcel 1 of the ALTA/ACSM Land Title Survey deposited March 27, 2024 in Book 2, Page 1491 the following fourteen (14) courses: 1. N37°56'28"W a distance of 50.27 feet; 2. N51055'21"W a distance of 101.46 feet; 3. N87°39'43"W a distance of 124.33 feet; 4. N85°01'39"W a distance of 114.17 feet; 5. N76°26'51 "W a distance of 345.80 feet; 6. N85°30'08"W a distance of 54.23 feet; 7. N82°17'19"W a distance of 204.73 feet; 8. N59051'09"W a distance of 81.36 feet; 9. N65°12'32"W a distance of 51.15 feet; 10. N60°01'42"W a distance of 78.29 feet; 11. N55°40'35"W a distance of 142.13 feet; 12. N64026'44"W a distance of 177.35 feet; 13. N68°18'07"W a distance of 255.61 feet; 14. N79000'14"W a distance of 40.00 feet; Thence departing said north line of Parcel 1 and continuing along the west line of Section 16 N01 °40'57"W a distance of 255.27 feet to the True Point of Beginning; Said parcel contains 35.093 acres more or less. A-2 ATTACHMENT B EXHIBIT B Legal Description of the Portion of the Property Owned by Petitioner A parcel of land situated in the NW 1/4 of Section 16 and the SW 1/4 of the NE 1/4 of Section 16, Township 5 South, Range 81 West of the Sixth Principal Meridian, County of Eagle, State of Colorado and being more particularly described as follows: Beginning at the northwest corner of said Section 16, a 2-1/2" GLO brass cap 1942 in place; thence S89°54'05"E along the north line of said Section 16 a distance of 1371.40 feet to a point: thence departing said north line S00005'55"W a distance of 270.59 feet to a point on the northerly right-of-way of the Union Pacific Railroad according to Right of Way No. 443, Book 4; thence along said north right-of-way the following four (4) courses: 1. along the arc of a curve to the right having a radius of 1256.60 feet, a tangent of 429.45 feet, a central angle of 37°44'12", and a distance of 827.63 feet (chord bears S57'55'02"E a distance of 812.75 feet); S39'02'56"E a distance of 657.77 feet; 3. along the arc of a curve to the left having a radius of 1382.70 feet, a tangent of 358.41 feet, a central angle of 29°03'49", and a distance of 701.38 feet (chord bears S53'34'51 "E a distance of 693.89 feet); 4. S68°06'45"E a distance of 183.64 feet; thence departing said north right-of-way line of the Union Pacific Railroad S32°58'40W a distance of 282.86 feet to a point on the northerly right-of-way of U.S. Highway 6; thence along said Highway 6 the following seven (7) courses: N70°00'00"W a distance of 42.00 feet; 2. N75°21'30"W a distance of 214.10 feet; 3. N70'19'23"W a distance of 220.67 feet; 4. along the arc of a curve to the right having radius of 651.30 feet, a tangent of 146.28 feet, a central angle of 25°19'00", and a distance of 287.78 feet (chord bears N57°20'32"W a distance of 285.45 feet); N41 °25'02"W a distance of 175.49 feet; N44°41'02"W a distance of 155.40 feet; ATTACHMENT B 7. along the arc of a curve to the right having radius of 1985.00 feet, a tangent of 399.97 feet, a central angle of 22°47'05", and a distance of 789.38 feet (chord bears N56°04'35"W a distance of 784.18 feet); thence departing said north right-of-way line of U.S. Highway 6 and continuing along the east line of the Second Amendment to CDOT Right -of -Way No. 1780, Book 17 recorded March 12, 2024 under Reception No. 202402625 the following three (3) courses: 1. N22°24'07"E a distance of 100.48 feet; 2. N44°48'33"W a distance of 251.07 feet; 3. N07°06'27"W a distance of 41.11 feet; thence departing said Second Amendment to CDOT Right -of -Way No. 1780, Book 17 and continuing along the north property line of Parcel 1 of the ALTA/ACSM Land Title Survey deposited March 27, 2024 in Book 2, Page 1491 the following fourteen (14) courses: 1. N37°56'28"W a distance of 50.27 feet; 2. N51 °55'21 "W a distance of 101.46 feet; 3. N87°39'43"W a distance of 124.33 feet; 4. N85°01'39"W a distance of 114.17 feet; 5. N76°26'51 "W a distance of 345.80 feet; 6. N85°30'08"W a distance of 54.23 feet; 7. N82°17'19"W a distance of 204.73 feet; 8. N59°51'09"W a distance of 81.36 feet; 9. N65°12'32"W a distance of 51.15 feet; 10. N60°01'42"W a distance of 78.29 feet; 11. N55°40'35"W a distance of 142.13 feet; 12. N64°26'44"W a distance of 177.35 feet; 13. N68°18'07"W a distance of 255.61 feet; 14. N79°00'14"W a distance of 40.00 feet; Thence departing said north line of Parcel 1 and continuing along the west line of Section 16 N01 °40'57"W a distance of 255.27 feet to the True Point of Beginning; Said parcel contains 35.093 acres more or less. ATTACHMENT B ExHIBIT C Affidavit of Circulator The undersigned, being of lawful age, who being first duly sworn upon oath deposes and says: That (s)he was the circulator of the foregoing Petition for Annexation of lands to the Town of Avon, Colorado, consisting of ten (10) pages, including the page(s) of this Exhibit C, and that the signature of the Petitioner thereon was witnessed by the circulator and is the true and original signature of the person whose name s(he) purports to be, and that the date of such signature is correct. ,�467 Circulator STATE OF Cl va" ) ) ss. COUNTY OF Oekt U ) The foregoing Affidavit of Circulator was subscribed and sworn to before me this aI-A day of , 20by Wp%t Witness my hand and official seal. My commission expires: Notary Public: SHERRY LEE NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20034013043 MY COMMISSION EXPIRES NOVEMBER 10, 2026 C-1 ATTACHMENT B ANNEXATION MAP -PHASE 1 A PARCEL OF LAND fi1TVATED N THE THE NW V4 OF SECTION 15 AND THE SW V4 OF THE NE 1/4 OF SECTION 16 TOWNSI P 5 SOUrK RANC>E 61 WEST OF THE 6TH FM OOtN1Y OF EAC M STATE OF COLORADO %EET 1 � •'" = 10Fn1' i ATTACHMENT B z _ _ ANNEXATION MAP -PHASE 1 A PARCEL OF LAID SMIAT® N TFE NW U4 OF SECTION 16 AND THE SW V4 OF THE NE V4 OF SECTION 16 TOWNSW S SOUTH, RANOE 61 WEST OF THE STH FM COUNTY OF EACH, STATE OF OOLORADO I SHEET 2 I y .l Logim ---------------- .......�