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04-22-1985 Sec12 T5 Amended PetitionMEMO TO: Honorable Mayor and Town Council FROM: William D. James SUBJECT: Annexation Petition - Folson Property At the last Council meeting, Council passed, on first reading, an ordinance to annex the Folson property. However, the petition for annexation did not include portions of Highway 6 and the railroad tracks that the Council wanted included in prior annexations. In the past, Vail Associates (VA) had opposed annexing Highway 6 and a portion of Avon Road because it would surround a property they own on the Northeast corner. At the request of Council, both staff and the petitioner have discussed the annexation with VA, and have reached an agreement to allow the inclusion of the additional areas. Basically, VA wants to be assured that the property, if annexed by the Town, will have at least the same zoning currently in place by the County, which is Commercial limited. The staff and the Town Attorney have reviewed this matter, and agree with VA's proposal. If the Council agrees with VA's proposal, we will have to draft a pre- annexation agreement between the Town and VA. Also, the petitioner will have to withdraw his original petition (item "C" on the agenda), and submit a new petition (item "D" on the agenda). RECOMMENDED ACTION: Authorize the Town Attorney to draft a pre- annexation agreement between Vail Associates and the Town of Avon. TOWN OF AVON, COUNTY OF EAGLE, STATE OF COLORADO AMENDED PETITION IN THE MATTER OF THE PROPOSED ANNEXATION OF UNINCORPORATED TERRITORY IN THE COUNTY OF EAGLE, STATE OF COLORADE, TO THE TOWN OF AVON, COLORADO (A parcel of land located in Section 12, Township 5 South, Range 82 West of the 6th Principal meridian.) TO THE HONORABLE TOWN COUNCIL OF THE TOWN OF AVON: The undersigned, as the owner of more than 50% of the land in the area to be annexed, exclusive of streets and alleys, in accordance with the Colorado Municipal Annexation Act of 1965, as amended, hereby amends its previous petition for the annexation of a parcel of land in N2 SE-1 Section 12, and hereby petitions the Town Council of the Town of Avon, Colorado, to commence proceedings to annex to the Town of Avon certain unincorporated territory located in the County of Eagle, State of Colorado, legally described in Exhibit "A" attached to this petition, and by this reference incorporated herein. In support of said petition, the petitioners allege that: (1) The undersigned are the owners of more than 50% of the land in the area proposed to be annexed, excluding streets and alleys, owning the property identified in the annexation map attached hereto as Exhibit "B" and by this reference incorporated herein; (2) It is desirable and necessary that the above described territory be annexed to the Town of Avon; (3) Not less than one -sixth of the perimeter of the area proposed to be annexed is contiguous with the Town of Avon; (4) A community of interest exists between the territory proposed to be annexed and the Town of Avon; (5) The territory to be annexed is urban or will be urbanized in the near future; (6) The territory proposed to be annexed is integrated with or is capable of being integrated with the Town of Avon; Page 1 of 3 Pages (7) No land held in identical ownership has been divided into separate parts or parcels without the written consent of the landowners; (8) No land held in identical ownership comprising twenty acres or more, with a valuation for assessment in excess of $200,000 for ad valorem tax purposes, has been included without written consent of the landowners; (9) No annexation resolution pursuant to Section 31 -12 -105, C.R.S. 1973, as amended, and no annexation petition or petition for an annexation election pursuant to Section 31 -12 -107, C.R.S. 1973, as amended, has been commenced for the annexation of part or all of such territory to another existing municipality; (10) This proposed annexation will not result in the detachment of area from any school district; (11) The mailing addresses of the signers of this petition and the dates of signing are affixed to the petition; (12) Attached to this petition is the affidavit that the signatures hereon are the signatures of the persons whose name he or she purports to be; (13) Accompanying this petition are four prints of an annexation map identified as Exhibit "B" containing the following information: (a) A written legal description of the boundaries of the area proposed to be annexed; (b) A map showing the boundary of the area proposed to be annexed; (c) A showing of the location of each ownership tract of land in the annexation area; (d) Next to the boundary of the area proposed to be annexed is drawn the contiguous boundary of the Town of Avon; (e) The dimensions of the contiguous boundaries are shown on the map; (f) The map bears the certificate and seal of a registered engineer or land surveyor and shows the dimensions by scale of the boundaries and the bearings of the boundaries of said area. Page 2 of 3 Pages --=a The Petitioner respectfully request hereby that the the Town Council of the Town of Avon, Colorado, make a finding of substantial compliance for this petition and commence proceedings for and approve the annexation of the subject territory. PETITIONER'S ADDRESS: 800 Diamond Shamrock Tower Dallas, Texas 75201 STATE OF TEXAS ) ss. COUNTY OF DALLAS ) PETITIONER: Craig Fo son The foregoing instrument was acknowledged before me this day of 1985 by Craig Folson. Witness my hand and official seal. My commission expires: (SEAL) Page 3 of 3 Pages Notary Public �6— / Z1--7 LAND DESCRIPTION A parcel of land located in Section 12, Township 5 South, Range 82 West of the Sixth Principal Meridian, Eagle County, Colorado, more particularly described as follows: Beginning at the Southeast corner of the MAMA Section 12; thence along the South line of the NW1 /4SE1 /4, N89 037'02 "W, 1302.02 feet; thence N20 °01'19 "E, 1097.52 feet to the Southerly right -of -way line of U.S. Highway No. 6; thence along the said Southerly right -of -way line of U.S. Highway No. 6 along a curve to the left an arc length of 612.63 feet with a radius of 3770.00 feet and a central angle of 9 °18'38 ", whose chord bears N71 °44'26 "W, 611.96 feet; thence departing from said right -of -way line N11 °10'10 "E, 98.10 feet to a point common to the Northerly right -of -way line of U.S. Highway No. 6 and the Westerly right -of -way line of Avon Road; thence along the Westerly right -of -way line of Avon Road N11 °10'10 "E, 130.10 feet; thence N43 °49'30 "E, 92.60 feet; thence N11 °10'10 "E, 54.14 feet; thence along the approximate centerline of the Eagle River S86 °36'05 "W, 36.99 feet; thence continuing along the Westerly right -of -way line of Avon Road N09 °25'30 "E, 94.37 feet; thence N42 034'00 "E, 37.70 feet; thence N10 °33'30 "E, 54.70 feet; thence along a curve to the left an arc length of 181.30 feet with a radius of 1095.90 feet, and a central angle of 09 028'43 ", whose chord bears N05 049'09 "E, 181.09 feet to the Southerly right -of -way line of the Denver and Rio Grande Western Railroad; thence departing from the Westerly right -of -way line of Avon Road and contin- uing along the Southerly railroad right -of -way line N65 058'08 "W, 1763.58 feet; to the Southerly boundary line of the Benchmark at Beaver Creek Subdivision, Amendment Number 4, Eagle County, Colorado; thence departing from the said Southerly railroad right -of -way and continuing along the Southerly subdivision boundary line N89 050'48 "E, 303.99 feet; thence S00 °05'10 "W, 26.85 feet to the Northerly right -of -way line of the Denver and Rio Grande Western Railroad; thence continuing along the Southerly subdivision boundary line and continuing along the Northerly railroad right -of -way line S65 °58'08 "E, 1819.07 feet; thence departing from the Northerly railroad right -of -way line and the Southerly subdivision line S24 °01'52 "W, 100.00 feet to the Southerly right -of -way line of the Denver and Rio Grande Western Railroad; thence continuing along the Southerly railroad right -of -way line N65 °58'08 "W, 235.91 feet to the Easterly right -of -way line of Avon Road; thence departing from the Southerly railroad right -of -way line and continuing along the Easterly right -of -way line of Avon Road along a curve to the right an arc length of 155.79 feet with a radius of 1195.90 feet, and a central angle of 07 °27'50 ", whose chord bears S06 °4935 "W, 155.68 feet; thence S10 °33'30 "W, 54.70 feet; thence S35 °40'30 "W, 35.30 feet; thence SO4 °26'30 "W, 140.80 feet; thence S03 °49'30 "E, 80.50 feet; thence S13 004'30 "W, 95.60 feet to the center of said Section 12, Township 5 South, Range 82 West, being a brass cap monument found in place, thence S00 °25'26 "W, 44.45 feet to the Northerly right -of -way line of U.S. Highway No. 6; thence departing from the Easterly right -of -way line of Avon Road and continuing along the Northerly right -of -way line of U.S. Highway No. 6 along a curve to the right an arc length of 349.66 feet with a radius of 3870.00 feet, and. a central angle of 05 °10'36 ", whose chord bears S71 034'29 "E, 349.54 feet; thence S73 052'56 "E, 101.67 feet; thence along a curve to the right an arc length of 325.60 feet with a radius of 3880.00 feet and a central angle of 04 °48'29', whose chord bears S65 °05'11 "E, 325.50 feet; thence S62 °40'56 "E, 751.40 feet; thence departing from the Northerly right -of -way line of U.S. Highway No. 6 S27 019'04 "W, 120.00 feet to a point common to the Southerly right -of -way line of U.S. Highway No. 6 and the East 1/16 line of Section 12; thence along the said East 1/16 line of Section 12 S00 °16'44 "W, 561.57 feet to the point of beginning. Said parcel of land contains 31.950 acres. ZEHREN AND ASSOCIk _ S, INC. P. 0. Box 1976 AVON, COLORADO 81620 (303) 949 -0257 TO Mr. Norm Wood Town of Avon PO Box 975 Avon, CO 81620 WE ARE SENDING YOU XX Attached ❑ Under separate cover via_ ❑ Shop drawings ❑ Prints ❑ Plans ❑ Copy of letter ❑ Change order ❑ LIEU M OF UMMSEMM CATE !OB NO. ATTENTION RE: Folson Property Annexation the following items: ❑ Samples ❑ Specifications COPIES DATE NO. DESCRIPTION 1 4/3/85 4 Petition for annexation - Revised 1 4/3/85 3 Resolution Approving Petition - Revised 1 4/3/85 3 Annexation Ordinance - Revised 1 4/3/85 4 Annexation Map- Revised THESE ARE TRANSMITTED as checked below: XX For approval ❑ Approved as submitted [ft For your use ❑ Approved as noted ❑ As requested ❑ Returned for corrections ❑ For review and comment ❑ ❑ FOR BIDS DUE 19 ❑ Resubmit copies for approval ❑ Submit copies for distribution ❑ Return corrected prints ❑ PRINTS RETURNED AFTER LOAN TO US REMARKS These are submitted for first reading a ounce ee 1ng, on 4fgjHJ. Thank yeu. COPY HiC UCi 247 -2 Eo5 lac, Gr -.:zn, M� 01471 SIGNED: If enclosures are not as noted, kindly notify us at once. Dean Koll TOWN OF AVON, COUNTY OF EAGLE, STATE OF COLORADO PETITION IN THE MATTER OF THE PROPOSED ANNEXATION OF UNINCORPORATED TERRITORY IN THE COUNTY OF EAGLE, STATE OF COLORADO, TO THE TOWN OF AVON, COLORADO (A parcel of land located in the N/2SE% Section 12, Township 5 South, Range 82 West of the 6th Principal meridian.) TO THE HONORABLE TOWN COUNCIL OF THE TOWN OF AVON: The undersigned, as the owner of 100% of the land in the area to be annexed, exclusive of streets and alleys, in accordance with the Colorado Municipal Annexation Act of 1965, as amended, hereby petition the Town Council of the Town of Avon, Colorado, to commence proceedings to annex to the Town of Avon certain unincorporated territory located in the County of Eagle, State of Colorado, legally described in Exhibit "A" attached to this petition, and by this reference incorporated herein. In support of said petition, the petitioners allege that: (1) The undersigned are the owners of 100% of the land in the area proposed to be annexed, excluding streets and alleys, owning the property identified in the annexation map attached hereto as Exhibit "B" and by this reference incorporated herein; (2) It is desirable and necessary that the above described territory be annexed to the Town of Avon; (3) Not less than one -sixth of the perimeter of the area proposed to be annexed is contiguous with the Town of Avon; (4) A community of interest exists between the territory proposed to be annexed and the Town of Avon; (5) The territory to be annexed is urban or will be urbanized in the near future; (6) The territory proposed to be annexed is integrated with or is capable of being integrated with the Town of Avon; Page 1 of 3 Pages (7) No land held in identical ownership has been divided into separate parts or parcels without the written consent of the landowners; (8) No land held in identical ownership comprising twenty acres or more, with a valuation for assessment in excess of $200,000 for ad valorem tax purposes, has been included without written consent of the landowners; (9) No annexation resolution pursuant to Section 31 -12 -105, C.R.S. 1973, as amended, and no annexation petition or petition for an annexation election pursuant to Section 31 -12 -107, C.R.S. 1973, as amended, has been commenced for the annexation of part or all of such territory to another existing municipality; (10) This proposed annexation will not result in the detachment of area from any school district; (11) The mailing addresses of the signers of this petition and the dates of signing are affixed to the petition; (12) Attached to this petition is the affidavit that the signatures hereon are the signatures of the persons whose name he or she purports to be; (13) Accompanying this petition are four prints of an annexation map identified as Exhibit "B" containing the following information: (a) A written legal description of the boundaries of the area proposed to be annexed; (b) A map showing the boundary of the area proposed to be annexed; (c) A showing of the location of each ownership tract of land in the annexation area; (d) Next to the boundary of the area proposed to be annexed is drawn the contiguous boundary of the Town of Avon; (e) The dimensions of the contiguous boundaries are shown on the map; (f) The map bears the certificate and seal of a registered engineer or land surveyor and shows the dimensions by scale of the boundaries and the bearings of the boundaries of said area. Page 2 of 3 Pages The Petitioner respectfully request hereby that the the Town Council of the Town of Avon, Colorado, make a finding of substantial compliance for this petition and commence proceedings for and approve the annexation of the subject territory. PETITIONER'S ADDRESS: 800 Diamond Shamrock Tower Dallas, Texas 75201 STATE OF COLORADO ) ) ss. COUNTY OF EAGLE ) PETITIONER: Craig Fo son The foregoing instrument was acknowledged before me this q'�` day of 4� "', -,C, ., 1985 by Craig Folson. Witness my hand and official seal. My commission expires: (S r A L) Page 3 of 3 Pages f / Notary P d1i 760 "-znu 0iSko 2 0 EXHIBIT "A" LAND DESCRIPTION A parcel of land located in the N1 /2 SE1 /4, Section 12, Township South, Range 82 West of the 6th Principal Meridian, Eagle County, Colorado, more particularly described as follows: Beginning at the Southeast corner of the NWl /4 SE1 /4, Section 12; thence along the South line of the NW1 /4 SE1 /4, N89037102 "W, 1302.02 feet; thence N20001'19 "E, 1207.56 feet to the Northerly right -of -way line of U.S. Highway No. 6; thence along the said Northerly right -of -way line of U.S. Highway No. 6 along a curve to the right an arc length of 307.77 feet with a radius of 3880.00 feet, and a central angle of 4032141 ", whose chord bears S64057116 "E, 307.69 feet; thence S62 40156 "E, 751.40 feet; thence departing from said right -of -way line S27019104 "W, 120.00 feet to a point common to the Southerly right -of -way line of U.S. Highway 6 and the East 1/16 line of said Section 12; thence along the East 1/16 line of said Section 12 SO0016'44 "W, 561.57 feet to the point of beginning. Said parcel of land contains 24.339 acres. ANNEXATION PROPOSAL TOWN OF AVON FOLSON PROPERTY Prepared By ZEHREN AND ASSOCIATES, INC. ZEHREN and ASSOCIATES, INC. ARCHITECTURE PLANNING INTERIORS BOX 1976 AVON, COLO 81620 (303) 949 -0257 PROGRAM SUMMARY Folson Property, Avon, Colorado Site Location: A parcel of land located in the NWIASEIA Section 12, Township 5 South, Range 82 West of the 6th Principal Meridian lying Southerly of U.S. Highway 6 and 24. Site Area: 21.523 Acres Proposed Zoning: Annexation to the Town of Avon with designation of SPA (Special Planned Area) with 54 development rights. Development Rights: The following conversion factors will be used for unit types and development rights: Unit Fraction of Type Size Development Rights Single Family 1500+ sq. ft. 1.0 2 BR Condo 1100+ sq. ft. .75 1 BR Condo 750 sq. ft. .50 Efficiency 500 sq. ft. .33 Building Program: We propose that the following units and commercial F facilities be developed: Total Development Density Use Floor Area Right Units Parking Commercial 1500 sq. ft. (Convenience Retail) 0 0 6 (1 /1000 sq. ft.) Restaurant 2000 sq. ft. 0 0 15 (60 seats) (1/60 sq. ft. of seating) Recreation 2500 sq. ft. 0 0 0 (Resident Club) Condominiums 2 BR (1100sq.ft.) 24,200 16.5 22(22 %) 44 1 BR ( 750sq.ft.) 45,000 30 60(58 %) 90 Eff,iciency (500) 10,000 6.7 20(20 %) 20 Sub -Total 79,200 53.2 102 154 Total 85,200 53.2 102 175 2.4 /acre gross 4.6 units/ 9.2 /acre net acre gross developable land Petition Date: PETITION FORM FOR AMENDMENT TO THE ZONING ORDINANCE OR REQUEST FOR A CHANGE IN DISTRICT BOUNDARIES This procedure is required for any amendment to the zoning ordinance or for a request for a district boundary change. A. NAME OF PETITIONER: Craig Folson ADDRESS: 800 Diamond Shamrock Trail TELEPHONE: 214 - 742 -4242 Dallas, Texas 75201 B. PETITIONER'S REPRESENTATIVE: Zehren and Associates, Inc. ADDRESS: PO Box 1976 Benchmark Plaza, Suite 303 Avon, Colorado 81620 C. AUTHORIZATION OF PROPERTY OWNER: ^ SIGNATURE:���w�/ Craig Fo son ADDRESS: 800 Diamond Shamrock Trail, Dallas, Texas 75201 TELEPHONE: 214- 742 -4242 D. LOCATION OF PROPOSAL: A parcel of land located in the NW' /4SW' /4 Secticn of 12, Township 5 South, Range 82 West of the 6th Principal Meridian lying Southerly of U.S. Highway 6 and 24. E. FEE: $100.00 plus $.20 for each property owner to be notified. F. A LIST OF THE NAMES OF OWNERS OF ALL PROPERTY ADJACENT TO THE SUBJECT PROPERTY, AND THEIR MAILING ADDRESS: (Exhibit B) TOWN OF AVON, COUNTY OF EAGLE, STATE OF COLORADO PETITION IN THE MATTER OF THE PROPOSED ANNEXATION OF UNINCORPORATED TERRITORY IN THE COUNTY OF EAGLE, STATE OF COLORADO, TO THE TOWN OF AVON, COLORADO (A parcel of land located in the NW' /+SE'l+ Section 12, Township 5 South, Range 82 West of the 6th Principal meridian lying Southerly of U.S. Highway 6 and 24.) TO THE HONORABLE TOWN COUNCIL OF THE TOWN OF AVON: The undersigned, as the owner of 100% of the land in the area to be annexed, exclusive of streets and alleys, in accordance with the Colorado Municipal Annexation Act of 1965, as amended, hereby petition the Town Council of the Town of Avon, Colorado, to commence proceedings to annex to the Town of Avon certain unincorporated territory located in the County of Eagle, State of Colorado, legally described in Exhibit "A" attached to this petition, and by this reference incorporated herein. In support of said petition, the petitioners allege that: (1) The undersigned are the owners of 100% of the land in the area proposed to be annexed, excluding streets and alleys, owning the property identified in the annexation map attached hereto as Exhibit "A" and by this reference incorporated herein; (2) It is desirable and necessary that the above described territory be annexed to the Town of Avon; (3) Not less than one -sixth of the perimeter of the area proposed to be annexed is contiguous with the Town of Avon; (4) A community of interest exists between the territory proposed to be annexed and the Town of Avon; (5) The territory to be annexed is urban or will be urbanized in the near future; (6) The territory proposed to be annexed is integrated with or is capable of being integrated with the Town of Avon; Page 1 of 3 Pages (7) No land held in identical ownership has been divided into separate parts or parcels without the written consent of the landowners; (8) No land held in identical ownership comprising twenty acres or more, with a valuation for assessment in excess of $200,000 for ad valorem tax purposes, has been included without written consent of the landowners; (9) No annexation resolution pursuant to Section 31 -12 -105, C.R.S. 1973, as amended, and no annexation petition or petition for an annexation election pursuant to Section 31 -12 -107, C.R.S. 1973, as amended, has been commenced for the annexation of part or all of such territory to another existing municipality; (10) This proposed annexation will not result in the detachment of area from any school district; (11) The mailing addresses of the signers of this petition and the dates of signing are affixed to the petition; (12) Attached to this petition is the affidavit that the signatures hereon are the signatures of the persons whose name he or she purports to be; (13) Accompanying this petition are four prints of an annexation map identified as Exhibit "A" containing the following information: (a) A written legal description of the boundaries of the area proposed to be annexed; (b) A map showing the boundary of the area proposed to be annexed; (c) A showing of the location of each ownership tract of land in the annexation area; ' (d) Next to the boundary of the area proposed to be annexed is drawn the contiguous boundary of the Town of Avon; (e) The dimensions of the contiguous boundaries are shown on the map; (f) The map bears the certificate and seal of a registered engineer or land surveyor and shows the dimensions by scale of the boundaries and the bearings of the boundaries of said area. Page 2 of 3 Pages 6 FA The Petitioner respectfully request hereby that the Town Council of the Town of Avon, Colorado, make a finding of substantial compliance for this petition and commence proceedings for and approve the annexation of the subject territory. PETITIONER'S ADDRESS: 800 Diamond Shamrock Trail Dallas, Texas 75201 STATE OF COLORADO ) ) ss. COUNTY OF EAGLE ) PETITIONER: L-11 V — Craig Fo son The foregoing instrument was acknowledged before me this day of �)/c,t a.,L!;— _ 1985 by Craig Folson. l Witness my hand and official seal. My commission expires: E A ;_ 1-1ILLN) otary Pu c 760 Page 3 of 3 Pages TOWN OF AVON RESOLUTION NO. A RESOLUTION APPROVING A PETITION FOR ANNEXATION TO THE TOWN OF AVON OF A PARCEL OF LAND LOCATED IN THE NW' / +SE' /4 SECTION 12, TOWNSHIP 5 SOUTH, RANGE 82 WEST OF THE 6TH PRINCIPAL MERIDIAN LYING SOUTHERLY OF U.S. HIGHWAY 6 AND 24; AND SETTING FORTH FINDINGS AND CONCLUSIONS AND OTHER DETAILS THERETO. WHEREAS, a petition for annexation to the Town of Avon of a certain parcel of real property, being a parcel of land located in the NW' /4SE'l4 Section 12, Township 5 South, Range 82 West of the 6th Principal Meridian lying S outherly of U.S. Highway 6 and 24, more particularly described on Exhibit "A" attached hereto and made a part hereof, has been submitted to the Town Clerk of the Town of Avon and referred therefrom to the Town Council; and WHEREAS, the owner of one - hundred percent of the real property proposed for annexation, exclusive of the streets and alleys, is Craig Folson, and WHEREAS, in accordance with Section 31- 12- 107(1) (g), C.R.S., the Town Council may by ordinance annex the above specified property without notice, hearing or election, as provided in Sections 31 -12 -108 through 31 -12 -110, C.R.S.; and WHEREAS, the Town Council is of the opinion that the petition should be granted and that the subject real property should be annexed to the Town of Avon. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO, THAT: Section 1. Findings The Town Clerk of the Town of Avon has referred to the Town Council a petition for annexation of a certain parcel of real property (hereinafter referred to as the "subject property" an d as more specifically described in Exhibit "A" attached hereto and incorporated herein by this reference) being a parcel of land located in the NW' /4SE' /4 Section 12, Township 5 South, Range 82 West of the 6th Principal Meridian lying Southerly of U.S. Highway 6 and 24, and the Town Council specifically finds upon review of said petition: (A) The petition is in substantial compliance with the requirements of Section 31- 12- 107(l), C.R.S. (B) The petition was signed by the owners of one - hundred percent of the area proposed to be annexed, exclusive of streets and alleys. Section 2. Publication. This Resolution shall be published once a week for four successive weeks in the Vail Trail, or another newspaper of general circulation in Eagle County, commencing no later than 1985. Section 4. Effective Date. This Resolution shall be effective immediately. PASSED AND ADOPTED THIS day of 1985, in Avon, Eagle County, Colorado. ATTEST: own we yor It TOWN OF AVON ORDINANCE NO. Series of AN ORDINANCE ANNEXING TO THE TOWN OF AVON A PARCEL OF LAND LOCATED IN THE NW' /4SE' /4 SECTION 12, TOWNSHIP 5 SOUTH, RANGE 82 WEST OF THE 6TH PRINCIPAL MERIDIAN LYING SOUTHERLY OF U.S. HIGHWAY 6 AND 24; AND SETTING FORTH FINDINGS AND CONCLUSIONS AND OTHER DETAILS THERETO. WHEREAS, a petition parcel of real property, in the NW' /4SE' /4 Section 12 Meridian lying Southerly on Exhibit "A ", attached to the Town Clerk of the Council; and for annexation to the Town of Avon of a certain being a parcel of land located in a parcel of land Township 5 South, Range 82 West of the 6th Principal of U.S. Highway 6 and 24, more particularly described hereto and made a part hereof, has been submitted Town of Avon and referred therefrom to the Town WHEREAS, the owner of one - hundred percent of the real property proposed for annexation, exclusive of the streets and alleys, is Craig Folson; and WHEREAS , in accordance with Sections 31 -12- 107(1) (g) and 31 -12 -108, C.R.S., the Town Council may by ordinance annex the above specified property without election, inasmuch as the petition was signed by the owners of one - hundred percent of the area proposed to be annexed; and WHEREAS, the Town Council is of the opinion that the petition should be granted and that the subject real property should be annexed to the Town of Avon. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO, THAT: Section 1. Findings. The Town Clerk of the Town of Avon has referred to the Town Council a petition for annexation of a certain parcel of real property (hereinafter referred to as the "subject property" and as more specifically described in Exhibit "A" attached hereto and incorporated herein by this reference) being a parcel of land located in the NW' 14SE' /4 Section 12, Township 5 South, Range 82 West of the 6th Principal Meridian lying Southerly of the U.S. Highway 6 and 24, and the Town Council specifically finds upon review of said petition: (A) The petition is in substantial compliance with the requirements of Section 31 -12- 107(1), C.R.S. '(B) The petition was signed by the owner of one - hundred percent of the area proposed to be annexed, exclusive of streets and alleys. Section 2. Findings. The Town Council finds, upon review of the above - referenced petition: Page 1 of 2 Pages P (A) The subject property is eligible for annexation to the Town of Avon in that at least one -sixth of its boundaries are contiguous with the Town of Avon, and there is a community of interest between the Town of Avon and the subject property, and the subject property will be urbanized in the near future, and it is capable of being integrated into the Town of Avon. (B) There are no limitations to the annexation of the subject property to the Town of Avon in that no land held in identical ownership has been divided without the written consent of the landowners thereof, and no land held in identical ownership comprising twnety acres or more with an assessed valuation in excess of $200,000 for ad valorem tax purposes has been included without the written consent of the owner, and 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. (C) No notice, hearing or election is required under Sections 31 -12 -108 through 31 -12 -110, C.R.S. Section 3. Annexation. The real property described as a parcel of land located in the NW' /+SE'b Section 12, Township 5 South, Range 82 West of the 6th Principal Meridian lying Southerly of U.S. Highway 6 and 24, and more particularly described in Exhibit "A" attached hereto is hereby annexed to the Town of Avon, Colorado. Section 4. Effective Date. The annexation and this ordinance shall take effect in accordance with the Charter of the Town of Avon and the Town Clerk is directed to file for recording two certified copies of this ordinance and map of the area annexed containing a legal description of such area with the County Clerk and Recorder of the County of Eagle, Colorado. INTRODUCED, PASSED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL, this day of 1985, and a public hearing on this ordinance stall be held at the regu ar meeting of the Town Council of the Town of Avon, Colorado, on the day of 1985 at 7:30pm in the Municipal Offices of the Town. ATTEST: own uie INTRODUCED, PASSED, READ ON SECOND READING, APPROVED AND ORDERED PUBLISHED BY TITLE ONLY THIS DAY OF , 1985. ATTEST: Town Clerk Page 2 of 2 Pages Mayor Mayor TOWN OF AVON ORDINANCE N0. Series of 1985 AN ORDINANCE AMENDING THE ZONING MAP OF THE TOWN OF AVON: AND ZONING CERTAIN PROPERTY RECENTLY ANNEXED THERETO. WHEREAS, pursuant to Ordinance No. , Series of 1985, the Town of Avon has annexed to the Town a parcel of real property described in Exhibit "A" hereto (the "Parcel "); and WHEREAS, the Town of Avon has, pursuant to Ordinance No. 79 -12, Series of 1979, established a set of Zoning Districts and adopted a Zoning Map re- flecting such Zoning Districts; and WHEREAS, the Town of Avon desires to designate a Zoning District applicable to the Parcel and to amend the Zoning Map to reflect such designation; and WHEREAS, as provided by Ordinance No. 79 -12, the Design Review Board of the Town of Avon has held a hearing concerning the proposed zoning of such Parcel, and has recommended that the Parcel be zoned SPA (Special Planned Area. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO, THAT: 1. Classification of Parcel. The real property located in the Town of Avon, more particularly described in Exhibit "A" hereto, is hereby classified SPA (Special Planned Area), as provided in Ordinance No. 79 -12 of the Town of Avon. The Zoning Map of the Town of Avon is hereby amended by designating the Parcel as SPA, as shown on the map attached hereto as Exhibit A. 2. Development Rights. The real property described in Exhibit "A" hereto is hereby granted 4 development rights as provided by 3. Effective Date. This ordinance shall take effect in accordance with the Charter of the Town of Avon, and the Town clerk is directed to amend the Zoning Map of the Town as provided herein. ,INTRODUCED, PASSED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL, this day of , 1985 and a public hearing on this ordinance shaT FTe held at t e regu air meeting of the Town Council of the Town of Avon, Colorado, on the day of at 7:30pm in the Muncipal Offices of the Town. ATTEST: Town Clerk Page 1 of 2 Pages , 1985 Mayor INTRODUCED, PASSED, READ ON SECOND READING, APPROVED AND ORDERED PUBLISHED BY TITLE ONLY THIS DAY OF , 1985. ATTEST: own vier Page 2 of 2 Pages Mayor .....1�-.. _"'4" A.C. FOISON PROPERTY EXHIBIT A Eagle County, Colorado R- 3770.0' ►AVOW A -04 °2757" 1SCNOOL Arc = 293.65' Rebar L.C.= 5.65° 20' 12 "E. 293.78' �`` —, with S.58 °48'40 "E.128.74' \ / survey cap ExistinI Y R.O.W. marke survey pins hN rn o _ ;n 21.523 Acres (V e 2 ebar with survey cap S. 630 10' 0C1'E. 622.93' 1/161ine Rebar with survey cap u)IN � N 0 O • O Brass Cap SW Corner N W 1/4 SE 1/4 S. 890 53'54" W. 1302.02' Brass Cap SE Corner SCALE' I" =300 BEARING BASFe S. 890 53' 54" W, NWV4SE1 /4 between Brass Caps found at the O 300 600 SE and SW corners of the NW4SE; Section 12, T. 5 S., R. 82 West. A parcel of land located in the NWySE4 Section 12, Township 5 South, Range 82 West of the 6th Principal Meridian lying Southerly of U. S. Highway 6 and 24, more particularly described as followsi Beginning at a Brass Cap set for the SE corner of the NW;SE4 Section 12, Township 5 South, Range 82 West of the 6th Principal Meridianl thence S. 890 53' 54" W. 1302.02 feet along the 116 lines thence N. 190 32' 15" E. 1097.52 feet to a point on the Southerly right -of -way line of U. S. Highway 6 and 241 thence along said Southerly right -of -way line along a non - tangent curve to the right having a radius of 3770.00 feet and a central angle of 040 27' 57" an are distance of 293.85 feet and a Long Chord of 293.78 feet bearing S. 650 20' 12" E.1 thence . along said Southerly right -of -way line S. 580 48' 40" E. 128.74 feet) thence along said Southerly right -of -way line S. 630 10' 00" E. 622.93 feet to a point on the East 116 line of said Section 121 thence along said 116 line S. 000 12' 20" E. 561.57 feet to the point of beginning, containing 21.523 acres, more or less. Surveyed byi Registered La Surveyor 9337�� RDAs RRfI G ✓yam o January 24, 1979 9337 suav�io O� lF OF COUP P SCHMUESER October 8, 1984 Mr. Dean Koll P.O. Box 1976 Avon, Colorado 81620 RE: Folson Property Dear Mr. Koll: ENGINEERS & CONSTRUCTORS TES RECEIVED OCT 2 2 39,9311 We have completed our investigation of the 21.5 acre parcel southeast of the Town of Avon which you requested. The parcel lies at the base and along the steep north facing hillside just south of the Eagle River and old Highway 6. The topography of the site consists of a rather narrow, level meadow which at one time was probably irrigated; it is at the base of a rather steep hillside whose crest is a few hundred feet above. An old dirt road winds along the parcel at the base of the steeper portion of the property. In addition, two abandoned irrigation ditches traverse the hillside between 20 and 50 feet above the aforementioned abandoned road. The upper of these seems to have been the largest; remnants of support structures allowing the ditch to carry water across failed areas are in evidence. In general, the lower, flat portion of the property is covered with native grasses and dryland shrubs, while the steeper portion is covered with the same types of shrubbery and scat- tered conifer trees. The geology of the site is variable. The steep portion of the property is the Eagle Valley Evaportie of Pennsylvanian age which, in this area, consists largely of evaporates, shales and sandstones with a nearly horizontal dip. Outcrops of this unit can be seen at the point of the SCHMUESER & ASSOCIATES, INC. 1512 GRAND AVENUE, SUITE 210 • GLENWOOD SPRINGS, COLORADO 81601 • (303) 945.5468 P Mr. Dean Koll October 11, 1984 Page Two the ridge in a wide area on the other side of the ridge which faces to the southwest. This bedrock unit is covered by thin colluvial cover down to the base of the hillside where colluvial deposits intermingle with alluvial deposits of a pre- existing flood plain of the Eagle River. This flat terrace deposit consists of silts, sands, cobbles and boulders deposited by flood waters of a much older Eagle River. In addition, there are two very small alluvial fans at the base of two small gullys cut down this north facing hillside. The alluvial materi- al, being deposited more rapidly than normal stream deposits, may be somewhat hydrocompactive, but nevertheless consists of poorly sorted silts, sands, cobbles and boulders (See the accompanying map for loca- tions of the above mentioned features). Development of this site should be restricted to the area at the base of the steep hillside, i.e. below the 40% grade areas as marked on one of the accompanying maps. It is recommended that units built on this property not be placed into the base of the steep hillside or if they must, the foundation should be designed to act as a retaining structure for material removed at the base of the slope. In any event, all units SCHMUESER & ASSOCIATES, INC. Mr. Dean Koll October 12, 1984 Page Three within 30 feet of the base of the steep portion of the hillside should be constructed so as to have the foundation standing at least 4 feet above grade on the rear or south facing side of the building and be void of windows or other structural weaknesses which could be adversely impacted by minor small slides or mud slumps. The walls should be con- structed with enough strength to withstand at least 500 lbs /sq. ft. pressure. Rockfall is not thought to be a significant factor on this parcel. Although the gullys mentioned are quite small, it is still advisable to place units on either side of the mouth of these gullys so as to be out of the focus of a debris flow which could potentially occur. Because of the hydrocompactive nature of the alluvial fans associated with ' these small gullys, soils engineering studies should be conducted to insure proper foundation design on the two basic types of soil found on the buildable portion of the property. Obviously, standard soils engi- nering techniques will probably be employed over the flatter terrace deposits. It may be advisable to reclaim the two abandoned irrigation ditches on the hillside so as to alleviate the potential of mud slumps or slides caused by ponding of water in portions of these ditches. SCHMUESER & ASSOCIATES, INC. r Mr. Dean Koll October 12, 1984 Page Four i Access to the parcel will be relatively easy off the old highway just to the north. It is my understanding that water for domestic use and j waste disposal will be available through municipal systems already in place nearby. If this is not the case, I will be happy to evaluate water potential through the drilling of one or more water wells and waste disposal through either standard leachfields or specially engineered systems. I If there are further questions, please do not hesitate to contact us. Sincrely, SCHMUESER & ASSOCIATES G2 �r� i Nicholas Lampiris, Ph.D NL/jj I i i SCHMUESER & ASSOCIATES, INC.