07-22-1987 Subdiv Improvements AG Eagle BendTown of Avon P. O. Box 975, Avon, CO 81620 (303) 949 -4280
July 22, 1987
Mr. Robert Martinez
Division of Local Government
1313 Sherman Street
Room 520
Denver, Colorado 80203
Re: Annexation of Eagle Bend Subdivision, Avon, Colorado
Dear Mr. Martinez:
Please find enclosed the blue line annexation map for the
Eagle Bend Subdivision, filing #1, filing #2, filing #3, and
filing #4.
This annexation was approved by the Avon Town Council on June
10, 1986. The mylars were recorded on July 17, 1987.
Also, find enclosed a copy of the ordinance No. 86 -10, Series
of 1986 in respect to the above.
Please let us know if there is any way we can further assist.
i
i c rely
ric i /0�e
Town Clerk
enclosure
cc: File
Town of Avon P. O. Box 975, Avon, CO 81620 (303) 949 -4280
July 15, 1987
Inter Mountain Engineering
P.O. Box 978
Avon, Colorado 81620
Attention: Jeffery Spanel
Re: Extension of time for the Filing of the Eagle Bend Plat
Dear Jeff:
At its regular meeting of July 14, 1987, the Avon Town Council approved
the request for extension of time for filing the Eagle Bend Plat for
another thirty (30) days.
The thirty days will be extended to August 14, 1987.
If you have any questions please do not hesitate to contact the Town
Offices.
C erel Paticia J. Doyle
Town Clerk
cc: Norm Wood
File
SUBDIVISION IMPROVEMENTS AGREEMENT
EAGLE BEND SUBDIVISION
THIS AGREEMENT, made and entered into this day of May,
1986, by and between Eagle Bend, a Colorado general partnership
( "Subdivider ") and the Town of Avon, State of Colorado, a
municipal corporation, by and through its Town Council
( "Town ").
WHEREAS, Subdivider, as a condition for approval of the
final subdivision plat of Eagle Bend Subdivision
( "Subdivision "), desires to enter into a Subdivision
Improvements Agreement with the Town; and
WHEREAS, Subdivider has been requested by the Town to
provide security or collateral sufficient to insure the
completion of certain public improvements hereinafter
described; and
WHEREAS, Subdivider desires to provide such collateral by
means of a letter of credit; and
WHEREAS, Subdivider has provided for the collection and
treatment of sewage by the Upper Eagle Valley Sanitation
District, a Colorado quasi- municipal corporation, with said
District assuming responsibility for sewage collection and
treatment; and
WHEREAS, Subdivider has provided for a source of domestic
water by the Eagle -Vail Metropolitan District, a Colorado
quasi- municipal corporation, with said District assuming
responsibility for domestic water service and fire protection.
NOW, THEREFORE, in consideration of the following mutual
covenants, conditions and promises, the parties agree as
follows:
1. Subdivision Improvements. Subdivider shall, at its
sole cost and expense and in a good and workmanlike manner,
provide all materials and equipment for, and complete, the
following improvements:
1.1 Acceleration /deceleration lanes and guardrail on
U.S. Highway 6 at its point of intersection with
Stonebridge Drive ( "Accel /Decel No. 1 ").
1.2 Acceleration /deceleration lanes and graveled
entrance on U.S. Highway 6 at the entrance to
Nottingham Sand and Gravel ( "Accel/Decel
No. 2 ").
1.3 Cul -de -sac at the Western end of Eagle Bend Road
( "Cul -de- sac ").
1.4 Construction of a bike path across a portion of
Filing No. 4 ( "Bike Path ").
1.5 Lot pins, field staking, tests and supervision,
as more specifically described in paragraph 13
herein ( "Survey Work ").
1.6 Completion of punch -list items on Eagle Bend
Road and Stonebridge Drive ( "Road Repair "),
attached hereto as Exhibit A.
1.7 As the Metcalf Ditch is diverted and piped,
provision of adequate irrigation to support
trees presently growing along the Metclaf Ditch
in a manner mutually agreeable to the parties
( "Irrigation ").
1.8 Fence and landscaping, along railroad right -of-
way ( "Fence ").
2. Applicable Standards. All of the Improvements and
all work incidental thereto shall be completed in compliance
with:
2.1 All final plat documents submitted prior to or
at the time of final plat approval;
2.2 All laws of the United States of America, State
of Colorado, Town of Avon, and its respective
agencies, affected special districts and /or
service districts; and
2.3. Such other designs, drawings, maps,
specifications, sketches and other matters
submitted by Subdivider to and approved by any
of the above - referenced governmental entities.
The inspection procedures and standards established by the Town
shall be completed to the reasonable satisfaction of the Town
and shall not be deemed complete until approved and accepted by
the Town Council or said Council's appointed designees.
3. Time for Completion. The Improvements shall be
completed by the earlier of (a) June 30, 1988 and (b) the date
on which a Certificate of Occupancy shall be obtained for the
40th residential unit constructed within the Subdivision.
-2-
4. Cost of Completion. The estimated cost of the
Improvements is $ . , broken down generally as follows and
more particularly broken down on EExhibit 4 attached hereto:
4.1
For
Accel /Decel No.
1, the sum
of $
4.2
For
Accel /Decel No.
2, the sum
of $
4.3
For
the
Cul -de -sac,
the sum of
$
4.4
For
the
Bike Path,
the sum of $
4.5
For
the
Survey Work, the sum of
$
4.6
For
the
Irrigation,
the sum of
$
4.7
For
the
Fence, the
sum of $
4.8
For
the
Road Repairs, the sum of
$
S. Letter of Credit. As security for the completion of
the Improvements and the performance of Subdivider's
obligations hereunder, Subdivider shall provide to the Town a
letter of credit in the amount of $ ( "LOC "). The LOC
shall be maintained in an amount approximating, at all times,
the estimated costs of the Improvements remaining to be
completed. The cost of such uncompleted Improvements shall be
determined from time to time by Subdivider from comparable -cost
information provided by its engineer or, if comparable -cost
information is not available, from estimates provided by its
engineer, subject to the reasonable approval of the Town.
Subject to the terms of this paragraph and Subdivider's
compliance with the terms of this Agreement, Subdivider shall
be entitled to reduce the amount of the LOC upon each
anniversary.of its issuance (each such anniversary being a
"Reduction Date ") in the amount, if any, of the cost of the
Phase or Phases (as hereinafter defined) completed on or prior
to such Reduction Date. In the event that Subdivider shall
desire to obtain a reduction in the amount of the LOC, it shall
submit to the Town Council a request for reduction accompanied
by documentation establishing the completion of a Phase or
Phases and the estimated cost of the remaining uncompleted
Improvements. The approval of the Town shall be deemed given
in the event that Subdivider does not receive written notice of
its disapproval within 30 days after the date of its
application for reduction. Any notice of disapproval given by
the Town shall specify with particularity any deficiencies in
the completed Improvements. Upon its correction of such
deficiencies, if any, Subdivider shall be entitled to reapply
for a reduction in any amount of the LOC in accordance with the
-3-
terms of this paragraph. The Town shall be under no obligation
to reduce the amount of the LOC to less than 10% of the
original face amount thereof ( "Retainage ") prior to the end of
the Warranty Period (as defined below). Subject to the
provisions of paragraph 8 below, the Town shall release the
retainage at the end of the Warranty Period and its acceptance
of the Improvements.
6. Phased Completion of Improvements. For purposes of
reducing the amount of the LOC, the Improvements shall be
grouped together as follows (each such group constituting a
"Phase "):
Phase I - Road Repairs, Cul -de -sac, Fence and Survey Work;
Phase II - Accel /Decel No. 1;
Phase III - Accel /Decel No. 2;
Phase IV - Bike Path, Irrigation.
A Phase shall be deemed completed upon the completion of all
Improvements comprising such Phase.
7. Completion of Improvements by Town. In the event
that the Town shall reasonably determine that Subdivider will
not, or is unable to, timely construct any or all of the
Improvements in accordance with applicable specifications, the
Town shall be entitled to draw upon the LOC in an amount
sufficient to complete such Improvements and apply the proceeds
for such purpose. It is specifically understood and agreed
that this provision is for the protection of the Town and does
not impose upon the Town any obligation to undertake
construction of any of the Improvements or to pay for the
construction thereof.
8. Warranty; Retainage. With the exception of the
Roadway Repairs and any work performed with respect to Eagle
Bend Road and Stonebridge Drive (the "Roadways "), Subdivider
warrants each Improvement (work and material) for a period of
one year after completion of such Improvement in a manner
satisfactory to the Town ( "Warranty Period "). Acceptance by
the Town of all completed work shall not be unreasonably
withheld. The Retainage shall constitute security for any and
all claims that may be made under this warranty, and shall be
released by the Town upon its acceptance of the last of the
Improvements as provided in paragraph 5.
9. Roadways. At the end of the Warranty Period, and
upon the request of Subdivider, the Town shall inspect the
'.M
Roadways and, if it should reasonably determine that repairs
are needed prior to its acceptance of such roadways, shall
submit to Subdivider a "punch -list" of such repairs. Within 30
days after the end of the Warranty Period or, if the Town shall
submit a "punch -list" of further required repairs within such
30 -day period, within 30 days after the completion of such
further repairs, the Town shall accept such Roadways. The Town
shall operate and maintain the Roadways from and after the date
of acceptance.
10. Highway Improvements Specifications. The
construction procedures for the Highway Improvements and the
Cul -de -sac shall be in accordance with detailed plans and
specifications approved by the Town as a part of the
Subdivision approval process.
11. No Addresses. As street addresses for the
Subdivision have not been determined, Subdivider shall have no
obligation to indicate street addresses on the Subdivision
final plat unless the Town shall have provided such addresses
to Subdivider prior to filing of the final plat.
12. Stub Out of Water Lines. Subdivider shall stub out
water service connections from the main water lines within the
road right -of -way so as to serve each lot without a road cut.
All other utilities shall be installed on the up -hill (cut)
side (wherever practicable), in the unpaved portion of the road
rights -of -way. It is anticipated that road cuts will be
necessary for all utilities from time to time, and that the
same shall be performed in accordance with Title 12 of the Avon
Municipal Code.
13. Survey Work. Subdivider shall obtain the
monumentation of the external boundaries of the Subdivision and
boundaries of the blocks within the Subdivision in accordance
with Sections 38 -51 -101 et seq., C.R.S. 1973, as amended.
Steel pins with metal caps set in 8" concrete monuments shall
be set at all property corners within the Subdivision;
provided, however, that such pins and caps shall be so set in
Filing No. 4 after completion of overlot grading. Concrete
monuments shall be set as shown on the final plat prior to
recording threof.
14. Erosion Control. Temporary erosion control
facilities shall be installed as needed during construction to
minimize surface water runoff and siltation. Such erosion
control facilities may include siltation settling basins; straw
bale dams, earthen or rock berms, etc. If excessive erosion
results from excessive water being discharged through culverts
during the Subdivision development, Subdivider shall place
rip -rap to eliminate such condition.
E615
15. Amendments. This Agreement may be amended only by a
writing signed by a•ll parties.
16. Fees. In accordance with the Town's Subdivision
Regulations, for the review of the Sketch Plan, Preliminary
Plans, and Preliminary Plans, and Final Plats (with — lots)
are hereby paid in full and accepted by the Town in the amount
of $
17. Additional Fees. Additional fees shall be assessed
to Subdivider from time to time to cover inspection of the
Improvements. Said fees shall be at a rate of $ and
are estimated to total $
18. Subdivision Final Plat Approval. The Town hereby
approves the Subdivision of final plat of Eagle Bend
Subdivision, subject to the terms and conditions of this
Agreement.
19. Governing Law. This Agreement shall be governed by
the laws of the State of Colorado.
20. Counterparts. This Agreement may be executed in
counterparts, all of which together shall constitute one and
the same Agreement.
IN WITNESS WHEREOF, the parties have executed this
Agreement as of the day of May, 1986.
Town of Avon, a Colorado municipal
corporation
Attest: By:
Patricia J. Doyle
Town Clerk
Allan Nottingham
am
Eagle Bend, a Colorado general
partnership
By:
By:
ACCEPTED AND APPROVED:
Stonebridge Cluster Homeowners'
Association, a Colorado non - profit
corporation.
By:
Eaglebend- Duplex Homeowners'
Association, a Colorado non - profit
corporation
By:
Received Town of Avon
JUN 0 6 1986 -7-
SUBDIVISION IMPROVEMENTS AGREEMENT
EAGLEBEND SUBDIVISION
THIS AGREEMENT, made and entered into this day
of , 1986, by and between ►
hereinafter referred to as "Subdivider ", and the Town of Avon,
State of Colorado, a municipal corporation, by and through its
Town Council, hereinafter referred to as "Town ".
WHEREAS, the Subdivider, as a condition for approval of
the final subdivision plat of Eaglebend Subdivision, desires to
enter into a Subdivision Improvements Agreement with the Town; and
WHEREAS, the Subdivider has been requested by the Town
of provide security or collateral sufficient to make reasonable
provisions for completion of certain public improvements
( "Improvements ") set forth in Exhibit "A" attached hereto and by
reference incorporated herein; and
WHEREAS, the Subdivider desires to provide collateral to
guarantee performance of the Agreement, including construction of
the Improvements, by means of
and
WHEREAS, the Subdivider has provided for the collection
and treatment of sewage by virtue of the subject subdivision being
within the boundaries of the Upper Eagle Valley Sanitation
District, a quasi - municipal corporation, under the laws of the
State of Colorado, with said District assuming responsibility for
sewage collection and treatment; and
WHEREAS, the Subdivider has provided for a source of
domestic water by virtue of the subject subdivision being within
the boundaries of the Eagle -Vail Metropolitan District, a
quasi - municipal corporation, under the laws of the State of
Colorado, with said District assuming responsibility for domestic
water service and fire protection.
NOW, THEREFORE, in consideration of the following mutual
covenants, conditions, and promises, the parties hereto agree
hereby as follows:
1. Subdivider hereby agrees, at its sole cost and
expense, to furnish all equipment and material in a good
workman -like manner necessary to perform and complete by
(�'"`1 the public imprq �nents set forth on
Exhibit -A- attached hereto and by reference incorporated herein
and to do all work incidental thereto according to and in
compliance with the following:
a. All final plat documents submitted prior to or
at the time of final plat approval;
b. All laws of the United States of America, State
of Colorado, Town of Avon and its respective agencies, affected
special districts and /or service districts;
C. Such other designs, drawings, maps,
specifications, sketches and other matter submitted by Subdivider
to and approved by any of the above - referenced governmental
entities. All said work shall be done under the inspection
procedures and standards established by the Town, shall be to the
reasonable satisfaction of the Town and shall not be deemed
complete until approved and accepted by the Town Council or said
Council's appointed designee.
The estimated cost of the work and improvements,
are the subject of this Agreement, is the sum of $
( dollars) , as set
below:
Roads, Re- vegetation, etc. -
Stonebridge Drive from
US Hwy ._6 to Eaglebend Drive
Stonebridge Drive - Eagle
River Br ' dgej�
Ea g1 bend Drive from West
property M ne to Stonebridge
Drive inte ection C f_ rut -=--�
Eaglebe d Drive from Stone-
bridge Drive ntersection to
East property ine Cl�,�)
which
forth
Construction Retainage
Co s t,/A/I'a4 /-0
/o
Accel /Deaccel. lanes and'
guardrail at Hwy. 6 6
Sound barrier fence along
railroad right -of -way
Drainage i
Sewage Collection Transmission
6�'� -
3LO ��i�v
Lines
Underground Electrical Trans-
mission Lines
Bike Paths
Lot pins, field staking, tests,
& supervision
2. Subdivider hereby
collateral to Town equal to the
remaining to be installed, plus
cost of completed improvements.
agrees to provide security and
estimated costs of Improvements
ten percent (10 %) of the actual
It is the intention of Subdivider
collateral will initially be in
, in the amount
dollars) .
and Town that said security and
the form of
of $
a. The security and collateral given to the Town
will always have a value approximating the estimated costs of
Improvements remaining to be installed, plus ten percent (10 %) of
the cost of completed improvements. Improvements remaining to be
installed will be determined from time -to -time by Subdivider using
estimated quantities provided by its Engineer from design plans
and the latest available comparable installation costs within the
subdivision. If a comparable installation cost is not available,
a reasonable cost provided by the Subdivider's Engineer will be
utilized; the Town will not unreasonably withhold its approval of
any of the above mentioned estimated costs of Improvements
remaining to be installed.
3. Subject to the provisions of paragraph 2, above, and
provided that Subdivider is in compliance with the terms and
conditions set forth herein, the Subdivider may apply to the Town
Council for a release of part or all of the collateral deposited
with the Town as the subject Improvements are completed upon proof
of payment by Subdivider toward the cost and /or completion of the
Improvements. However, the Town may refuse to release such
collateral at any point in time when such release would bring the
total value of the collateral held by the Town to an amount less
than the value of the remaining uncompleted Improvements. If the
Town determines that any Improvements are not constructed in
substantial compliance with the subject specifications, it shall
furnish the Subdivider within thirty (30) days after any request
for release of collateral or for acceptance of Improvements a list
of specific deficiencies to be corrected within a reasonable
period of time. If the Town reasonably determines the Subdivider
will not or is unable to construct any or all of the Improvements
in accordance with all of the specifications, the Town may
withdraw and may employ from the deposit of collateral such funds
as may be necessary to construct the Improvements in accordance
with the specific Jtions. However, this Dvision is for the
protection of "the Town and does not impose any mandatory
obligation upon the Town to undertake the construction of any of
the Improvements or to pay for the construction of any of the
Improvements and this provision is not intended and shall not be
interpreted to be for the benefit or protection of third parties.
4. Subdivider warrants all work and material for a
period of one year after acceptance by the Town and completion of
each phase in accordance with the approved plans and
specifications. Acceptance by the Town of all completed work
shall not be unreasonably withheld. Further, Town shall have a
right to retain security or collateral in the amount of ten
percent (10 %) of the total construction costs to cover any and all
reasonable claims under this warranty. Town agrees to accept all
roads or segments thereof when completed by Subdivider in
accordance with said applicable road designs and specifications
and to operate and maintain said roads thereafter.
5. Road construction procedures shall be in accordance
with detailed plans and specifications approved by the Town as a
part of the Subdivision approval process.
6. The entity furnishing public services (i.e. water,
sewer, telephone, electric and television cable, etc.) shall
confirm, in writing, the location of its respective service lines
prior to the Town of Avon being required to issue a permit for
construction of said service line. A proposed construction
schedule for installation of utilities will be furnished by
Subdivider with each permit request.
All utility trenches will be compacted to 95%
Standard Proctor. Daily tests will be furnished to the Town of
Avon by a professional engineer recognized as a practicing soils
engineer. Proof rolling of the trenches will be provided for the
Town of Avon to inspect prior to allowing placement of gravel on
the road subgrade.
7. As respective street addresses for the subject
subdivision have not been determined, Subdivider shall not be
required to indicate street addresses on the subdivision final
plat for Eaglebend Subdivision.
8. Subdivider shall be required to stub out water
service connections from the main water lines within the road
right -of -way so as to serve each lot without a road cut; and
further with respect to other utilities the installation of same
shall be on the up -hill (cut) side whenever practical in the
unpaved portion of the rights -of -way. It is anticipated that road
cuts will be necessary for all utilities from time -to -time, and
that same shall be in accordance with Title 12 of the Avon
Municipal Code.
9. Subdivider shall obtain the monumentation of the
external boundaries of the subdivision and boundaries of the
blocks within the subdivision in accordance with Sections
38 -51 -101 et seq, C.R.S. 1973, as amended. Steel pins with metal
caps set in 8 inch concrete monuments 36 inches deep shall also be
set at a minimum of two (2) property corners at all road
intersections and at six traverse points selected by Subdivider's
engineer at locations which will facilitate future surveys; no
monuments shall be required on curves or other additional points.
10. Temporary erosion control facilities shall be
installed during construction of improvements to minimize surface
water runoff and siltation; facilities may include siltation
settling basins, straw bale dams, earthen or rock berms, etc.
11. If excessive erosion is evident due to excessive
water being discharged through culverts during the subdivision
development, then rip rap shall be placed to eliminate such
excessive erosion, at Subdivider's expense.
12. This Agreement may be amended from time -to -time,
provided such amendment be in writing and signed by all parties
hereto.
13.
Regulations,
Final Plats
by the Town
Fees, in accordance with the Town's Subdivision
for the review of Sketch Plan, Preliminary Plans, and
(with lots) are hereby paid in full and accepted
in the amount of $
dollars) .
14. Additional fees shall be assessed to
time -to -time to cover inspection of construction
Said fees will be at the rate of $ (_
dollars). It is estimated that
and that said inspection fees will approximate $
(_ dollars) .
Subdivider from
by the Town.
15. The Town hereby approves the subdivision final plat
of Eaglebend Subdivision, subject to the terms and conditions of
this Agreement.
IN WITNESS WHEREOF, the parties have hereunto set their
hands and seals the day and year first above written.
/ice
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 Section 12, T. 5 South,
Range 82 West of the 6th P.M. and in Section 7, T. 5 South,
Range 81 West of the 6th P.M., Eagle County, Colorado)
TO THE HONORABLE TOWN COUNCIL OF THE TOWN OF AVON:
The undersigned, as the owners of more than fifty percent
(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 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 hereto. In support of said pe-
tition, the petitioners allege that:
(1) The undersigned are the owners of more than fifty
percent (50 %) of the land in the area proposed to be annexed,
and are more than 50% of the landowners in the area proposed to
be annexed, excluding public streets and alleys and any land
owned by the Town of Avon.
(2) It is desirable and necessary that the above
described territory be annexed to the Town of Avon;
(3) Not less than one -sixth (1/6) 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 and will be fur-
ther 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;
(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
(20) 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
-2-
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) A legal description of the land owned by the signer
of this Petition is attached hereto as Exhibit C.
(12) The mailing addresses of the signers of this petition
and the date of signing is affixed to the petition;
(13) 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;
(14) Accompanying this petition are four prints of an
annexation map identified as Exhibit B, containing the follow-
ing 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;
1XIM
W
(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 reg-
istered engineer or land surveyor and shows the dimensions by
scale of the boundaries and the bearings of the boundaries of
said area.
(15) This Petition contains signature lines for 100% of
the landowners of the area sought to be annexed, and may be
executed in counterparts. Any number of executed counterparts
which together shall have been executed by the owners of more
than 50% of the area sought to be annexed, as well as by more
than 50% of the landowners in the area sought to be annexed,
exclusive of public streets and alleys and any land owned by
the Town of Avon shall constitute one Petition.
The Petitioners respectfully request hereby that the Town
Council of the Town of Avon, Colorado, make a finding of sub-
stantial compliance for this Petition and commence proceedings
for a hearing hereon and approval of the annexation of the sub-
ject territory.
DATED this 25th day of March, 1986.
Address:
P.O. Box 978
Avon, Colorado 81620
Two Turtle Creek Village
A -12
Dallas, Texas 75219
8235 Douglas, #400
LB #32
Dallas, Texas 75225
4301 Purdue
Dallas, Texas 75225
180 N. Executive Drive
Brookfield, Wisconsin 53006
809 Glen Arden Way
Altamonte Springs, Florida
32701
399389 U.S. Highway #6
Avon, Colorado 81620
EAGLEBEND, a Colorado
general partnership
�r
By:
/Arthur Kleinstein, partner
David Whisenant, Trustee for
Elizabeth Lindley Whisenant Trust II
Richard Gray, Jr.
Robert H. West
Dennis G. Punches
Dr. Milo R. Novotny
Susan Nottingham
-5-
DATED this 25th day of March, 1986.
Address: EAGLEBEND, a Colorado
general partnership
P.O. Box 978
Avon, Colorado 81620
By:
Arthur Kleinstein, partner
Two Turtle Creek Village David Whisenant, Tru tee for
A -12 Elizabeth Lindley Whisenant Trust II
Dallas, Texas 75219
8235 Douglas, #400 Richard Gray, Jr.
LB #32
Dallas, Texas 75225
4301 Purdue Robert H. West
Dallas, Texas 75225
180 N. Executive Drive
Brookfield, Wisconsin 53006
809 Glen Arden Way
Altamonte Springs, Florida
32701
399389 U.S. Highway #6
Avon, Colorado 81620
Dennis G. Punches
Dr. Milo R. Novotny
Susan Nottingham
-5-
DATED this 25th day of March, 1986.
Address:
P.O. Box 978
Avon, Colorado 81620
Two Turtle Creek Village
A -12
Dallas, Texas 75219
8235 Douglas, #400
LB #32
Dallas, Texas 75225
Dallas, Texas 75225
EAGLEBEND, a Colorado
general partnership
By:
Arthur Kleinstein, partner
David Whisenant, Trustee for
Elizabeth Lindley Whisenant Trust II
Richard Gray, Jr.
Robert H. West
180 N. Executive Drive Dennis G. Punches
Brookfield, Wisconsin 53006
809 Glen Arden Way Dr. Milo R. Novotny
Altamonte Springs, Florida
32701
399389 U.S. Highway #6 Susan Nottingham
Avon, Colorado 81620
-5-
DATED this 25th day of March, 1986.
Address:
P.O. Box 978
Avon, Colorado 81620
Two Turtle Creek Village
A -12
Dallas, Texas 75219
8235 Douglas, #400
LB #32
Dallas, Texas 75225
EAGLEBEND, a Colorado
general partnership
By:
Arthur Kleinstein, partner
David Whisenant, Trustee for
Elizabeth Lindley Whisenant Trust II
Richard Gray, Jr.
4301 Purdue Robert H. West
Dallas, Texas 75225
180 N. Executive Drive ennis G. Punches
Brookfield, Wisconsin 53006
809 Glen Arden Way
Altamonte Springs, Florida
32701
399389 U.S. Highway #6
Avon, Colorado 81620
Dr. Milo R. Novotny
Susan Nottingham
-5-
DATED this 25th day of March, 1986.
Address:
P.O. Box 978
Avon, Colorado 81620
Two Turtle Creek Village
A -12
Dallas, Texas 75219
8235 Douglas, #400
LB #32
Dallas, Texas 75225
4301 Purdue
Dallas, Texas 75225
180 N. Executive Drive
Brookfield, Wisconsin 53006
809 Glen Arden Way
Altamonte Springs, Florida
32701
399389 U.S. Highway #6
Avon, Colorado 81620
EAGLEBEND, a Colorado
general partnership
By:
Arthur Kleinstein, partner
Dav'd isenant, Trustee for
E iz eth Lindley isenant Trust II
-YK
Richard Gray,/ Jr:
Robert H. West
Dennis G. Punches
Dr. Milo R. Novotny
Susan Nottingham
-5-
227 Duffy Avenue
Hicksville, NY 11801
Douglas Dwyer
P.O. Box 2052 Chris Ekrem
Avon, Colorado 81620
'388777 U.S. Highway #6
Avon, Colorado 81620
388777 U.S. Highway #6
Avon, Colorado 81620
2911 East 73rd Place
Tulsa, Oklahoma 74136
2910 East 68th Street
Tulsa, Oklahoma 74136
8468 South College
Tulsa, Oklahoma 74136
7214 South Urbana
Tulsa, Oklahoma 74136
Suzanne Railton
John Railton
u.
P 1 s A H PU
Jam s E. Holliday
William W. R'amsey,�
f
Barney/. Barnes, Jr.
Mary Lodj Johnson
STONEBRIDGE ASSOCIATES,
an Oklahoma limited partnership
By: Cjp*�' �4
Jam s E. Holliday
r
i
P.O. Box
Avon, Colorado 81620
Eagle County )
ss
State of Colorado )
EAGLE RIVER TOWNHOUSE
E
AVV Tr) All TT
I, Jeffery M. Spanel, the circulator of this Petition,
swear and affirm that the signatures above are the signatures
of the persons of which they purport to be.
Dated this St day of March, 1986.
ry 4M. Spanel
Je
-7-
T� L� VV V - J1VLJ
EXHIBIT A
LEGAL DESCRIPTION
1- rlu L 1 V 1 L
A parcel of land lying in the Southeast one - quarter (SE 1/4) of
Section 12, T 5 S, R 82 W, and the Southwest one - quarter (SW 1/4) of
Section 7, T 5 S, R 81 W, all of the 6th P.M., Eagle County, Colorado,
and being more particularly described as follows:
Beginning at the Northeast corner of the Final Plat of Eaglebend
as recorded in the Eagle County Records; thence along the South right -
of -way line of the Denver and Rio Grande Western Railroad the following
five (5) courses (the first four courses also being along the North line
of Eaglebend):
1) N 64 °22'00" W 2064.00 feet;
2) 578.05 feet along the arc of a curve to the left having
a central angle of 00 °57'5311 and a radius of 34327.50 feet, the
chord of which bears N 64 °50'57" W 578.05 feet
3) 390.54 feet along the arc of a curve to the left having
a central angle of 00 °39'07" and a radius of 34327.50 feet, the
chord of which bears N 65 °39'3711 W 390.54 feet;
4) N 65 °59'00" W 377.60 feet to the Northwest corner of
Eaglebend, also being the Northeast corner of a parcel of land
owned by Frank and Imogene Doll;
5) N 65 °59'0011 W 150.00 feet to the Northwest corner of
said parcel owned by Frank and Imogene Doll, also being the
Northeast corner of a parcel of land owned by Nottingham
Associates, Inc.;
thence along the East line of said parcel owned by Nottingham Associates,
Inc., S 24 037'0011 W 372.80 feet to a point on the North line of a parcel
of land owned by Eagle River Townhouse Associates, Ltd.; thence along the
boundary of said parcel owned by Eagle River Townhouse Associates, Ltd.,
the following fifteen (15) courses:
1) S 37 022'08" E 4.43 feet;
2) S 25 °09'4611 W 67.91 feet;
3) S 65 °26'03" E 7.77 feet;
4) S 79 030'46" E 47.34 feet;
5) S 74 °00'15" E 102.53 feet to the Southwest corner of Eaglebend;
6) S 59 °39'3211 E 398.03 feet along the South line of Eaglebend;
7) S 61 026'30" E 300.36 feet along the South line of Eaglebend;
8) S 59 °23'49" E 307.99 feet along the South line of Eaglebend;
9) S 84 °14'40" E 54.42 feet along the South line of Eaglebend;
10) S 01 024'4611 E 35.00 feet along the South line of Eaglebend;
11) S 65 °00'10" E 9.38 feet along the South line of Eaglebend;
12) S 01 °48'20" E 125.87 feet to a point on the North right -of-
way line of U.S. Highway No. 6;
13) N 63 °10'00" W 932.89 feet along said North right -of -way line;
14) N 57 027'0011 W 100.50 feet along said North right -of -way line;
15) N 63 010'00" W 492.65 feet along said North right -of -way line;
thence S 26 °50'00" W 120.07 feet to the Northwest corner of the Final Plat
of River Oaks Condominiums as recorded in the Eagle County Records; thence
along the South right -of -way line of U.S. Highway No. 6 and the North line
of River Oaks Condominiums, the following three (3) courses:
4/ L/ 250 V-D IOL5
PAGE 2of2
1) S 63 010'00" E 526.63 feet;
2) S 68 054'36" E 100.50 feet;
3) S 63 010'00" E 633.44 feet to a point on the boundary of the
Final Plat of Eagle -Vail Filing No. 2 as recorded in the Eagle County
Records;
thence along the boundary of Eagle -Vail Filing No. 2 and the South right -of-
way line of U.S. Highway No. 6, S 63 °10'00" E 267.69 feet; thence N 26 °50'00" E
100.00 feet to the Southwest corner of the Final Plat of White Water Condominiums
Phase I as recorded in the Eagle County Records; thence along the West line of
White Water Condominiums Phase I, N 03 °09'12" E 121.11 feet to the Northwest
corner of said Plat and a point on the South line of Eaglebend; thence along
the boundary line of Eaglebend the following twelve (12) courses:
fl S 65 000'10" E 19.87 feet;
S 73 000'41" E 27.24 feet;
3) N 83 029'18" E 409.37 feet;
4) S 86 °34'34" E 110.16 feet;
fl S 62 021'14" E 260.77 feet;
S 38 051'12" E 231.14 feet;
7) S 50 024'14" E 315.36 feet;
8) S 61 052'35" E 263.06 feet;
9) S 76 000'35" E 301.96 feet;
10) S 55 011'36" E 227.75 feet;
11) S 37 040'59" E 80.49 feet;
12) N 45 °53'00" E 503.74 feet to the Point of Beginning, containing
37.338 acres more or less.
The bearings relate to the Final Plat of Eaglebend as recorded in the Eagle
County Records.
4/2/86 V -512'
EXHIBIT C
Property owned by the Petitioners:
Lots 1 through 12, and the common area of Stonebridge Phase I
as recorded in the Eagle County Records containing 3.130 acres.
Lots 1 through 56, 61 through 68, and Tract A, Block 1 or the
Eaglebend Subdivision as recorded in the Eagle County Records con-
taining 18.704 acres.
Lots 2, 3, 4, 5, 7, 8, 10, 11, 12, 13, 14, 16, 17 and 18, Block
2, of the Eaglebend Subdivision as recorded in teh Eagle County Records
containing 8.731 acres.
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 Section 12, T. 5 South,
Range 82 West of the 6th P.M. and in Section 7, T. 5 South,
Range 81 West of the 6th P.M., Eagle County, Colorado)
TO THE HONORABLE TOWN COUNCIL OF THE TOWN OF AVON:
The undersigned, as the owners of more than fifty percent
(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 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 hereto. In support of said pe-
tition, the petitioners allege that:
(1) The undersigned are the owners of more than fifty
percent (50 %) of the land in the area proposed to be annexed,
and are more than 50% of the landowners in the area proposed to
be annexed, excluding public streets and alleys and any land
owned by the Town of Avon.
1'
(2) It is desirable and necessary that the above
described territory be annexed to the Town of Avon;
(3) Not less than one -sixth (1/6) 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 and will be fur-
ther 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;
(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
(20) 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
-2-
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) A legal description of the land owned by the signer
of this Petition is attached hereto as Exhibit C.
(12) The mailing addresses of the signers of this petition
and the date of signing is affixed to the petition;
(13) 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;
(14) Accompanying this petition are four prints of an
annexation map identified as Exhibit B, containing the follow-
ing 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;
-3-
• lam, r`1.
(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 reg-
istered engineer or land surveyor and shows the dimensions by
scale of the boundaries and the bearings of the boundaries of
said area.
(15) This Petition contains signature lines for 100% of
the landowners of the area sought to be annexed, and may be
executed in counterparts. Any number of executed counterparts
which together shall have been executed by the owners of more
than 507. of the area sought to be annexed, as well as by more
than 50% of the landowners in the area sought to be annexed,
exclusive of public streets and alleys and any land owned by
the Town of Avon shall constitute one Petition.
The Petitioners respectfully request hereby that the Town
Council of the Town of Avon, Colorado, make a finding of sub-
stantial compliance for this Petition and commence proceedings
for a hearing hereon and approval of the annexation of the sub-
ject territory.
-4-
r'
DATED this 25th day of March, 1986.
Address:
P.O. Box 978
Avon, Colorado 81620
Two Turtle Creek Village
A -12
Dallas, Texas 75219
8235 Douglas, #400
LB #32
Dallas, Texas 75225
4301 Purdue
Dallas, Texas 75225
180 N. Executive Drive
Brookfield, Wisconsin 53006
809 Glen Arden Way
Altamonte Springs, Florida
32701
399389 U.S. Highway #6
Avon, Colorado 81620
EAGLEBEND, a Colorado
general partnership
By:
rthur Kleinstein, partner
David Whisenant, Trustee for
Elizabeth Lindley Whisenant Trust II
Richard Gray, Jr.
Robert H. West
Dennis G. Punches
Dr. Milo R. Novotny
Susan Nottingham
-5-
DATED this 25th day of March, 1986.
Address:
P.O. Box 978
Avon, Colorado 81620
Two Turtle Creek Village
A -12
Dallas, Texas 75219
8235 Douglas, #400
LB #32
Dallas, Texas 75225
4301 Purdue
Dallas, Texas 75225
180 N. Executive Drive
Brookfield, Wisconsin 53006
809 Glen Arden Way
Altamonte Springs, Florida
32701
399389 U.S. Highway #6
Avon, Colorado 81620
EAGLEBEND, a Colorado
general partnership
By:
Arthur Kleinstein, partner
David Whisenant, Trufstee for
Elizabeth Lindley Whisenant Trust II
Richard Gray, Jr.
Robert H. West
Dennis G. Punches
Dr. Milo R. Novotny
Susan Nottingham
-5-
DATED this 25th day of March, 1986.
Address:
P.O. Box 978
Avon, Colorado 81620
Two Turtle Creek Village
A -12
Dallas, Texas 75219
8235 Douglas, #400
LB #32
Dallas, Texas 75225
Dallas, Texas 75225
180 N. Executive Drive
Brookfield, Wisconsin 53006
809 Glen Arden Way
Altamonte Springs, Florida
32701
EAGLEBEND, a Colorado
general partnership
By:
Arthur Kleinstein, partner
David Whisenant, Trustee for
Elizabeth Lindley Whisenant Trust II
Richard Gray, Jr.
Robert H. West
Dennis G. Punches
Dr. Milo R. Novotny
399389 U.S. Highway #6 Susan Nottingham
Avon, Colorado 81620
-5-
I
DATED this 25th day of March, 1986.
Address:
P.O. Box 978
Avon, Colorado 81620
Two Turtle Creek Village
A -12
Dallas, Texas 75219
8235 Douglas, #400
LB #32
Dallas, Texas 75225
4301 Purdue
Dallas Texas 75225
EAGLEBEND, a Colorado
general partnership
By:
Arthur Kleinstein, partner
David Whisenant, Trustee for
Elizabeth Lindley Whisenant Trust II
Richard Gray, Jr.
Robert H. West
sir✓_
180 N. Executive Drive ennis G. Punches
Brookfield, Wisconsin 53006
809 Glen Arden Way
Altamonte Springs, Florida
32701
399389 U.S. Highway #6
Avon, Colorado 81620
Dr. Milo R. Novotny
Susan Nottingham
M=
' 1
r ^�
DATED this 25th day of March, 1986.
Address:
P.O. Box 978
Avon, Colorado 81620
Two Turtle Creek Village
A -12
Dallas, Texas 75219
8235 Douglas, #400
LB #32
Dallas, Texas 75225
4301 Purdue
Dallas, Texas 75225
EAGLEBEND, a Colorado
general partnership
By:
Arthur Kleinstein, partner
Dav'd hisenant, Trustee for
E riz
eth Lindley
/` isenant Trust II
�
Richard Gray,/ Jr:
Robert H. West
180 N. Executive Drive Dennis G. Punches
Brookfield, Wisconsin 53006
809 Glen Arden Way
Altamonte Springs, Florida
32701
399389 U.S. Highway #6
Avon, Colorado 81620
Dr. Milo R. Novotny
Susan Nottingham
f•V
227 Duffy Avenue
Hicksville, NY 11801
P.O. Box 2052
Avon, Colorado 81620
'388777 U.S. Highway #6
Avon, Colorado 81620
388777 U.S. Highway #6
Avon, Colorado 81620
2911 East 73rd Place
Tulsa, Oklahoma 74136
2910 East 68th Street
Tulsa, Oklahoma 74136
8468 South College
Tulsa, Oklahoma 74136
7214 South Urbana
Tulsa, Oklahoma 74136
Douglas Dwyer
Chris Ekrem
Suzanne Railton
John Railton
A�
Jam4s E. Holliday
William W. Ramsey,"
Barney/E'. Barnes, Jr.
�ZZ1'
Mary Lo Johnson(
STONEBRIDGE ASSOCIATES,
an Oklahoma limited partnership
By: CIM94. �A
Jam s E. Holliday
M-M
i
P.O. Box btt:"
Avon, Colorado 81620
EAGLE RIVER TOWNHOUSE
E
A77TnAT7TT
Eagle County )
ss
State of Colorado )
I, Jeffery M. Spanel, the circulator of this Petition,
swear and affirm that the signatures above are the signatures
of the persons of which they purport to be.
Dated this : � day of March, 1986.
'Am
Je ry M. Spanel
-7-
EXHIBIT A
LEGAL DESCRIPTION
A parcel of land lying in the Southeast one - quarter (SE 1/4) of
Section 12, T 5 S, R 82 W, and the Southwest one - quarter (SW 1/4) of
Section 7, T 5 S, R 81 W, all of the 6th P.M., Eagle County, Colorado,
and being more particularly described as follows:
Beginning at the Northeast corner of the Final Plat of Eaglebend
as recorded in the Eagle County Records; thence along the South right -
of -way line of the Denver and Rio Grande Western Railroad the follc'� 'ing
five (5) courses (the first four courses also being along the North line
of Eaglebend):
1) N 64 °22'00" W 2064.00 feet;
2) 578.05 feet along the arc of a curve to the left having
a central angle of 00 °57'53" and a radius of 34327.50 feet, the
chord of which bears N 64 °50'57" W 578.05 feet
3) 390.54 feet along the arc of a curve to the left having
a central angle of 00 °39'07" and a radius of 34327.50 feet, the
chord of which bears N 65 °39'37" W 390.54 feet;
4) N 65 059'00" W 377.60 feet to the Northwest corner of
Eaglebend, also being the Northeast corner of a parcel of land
owned by Frank and Imogene Doll;
5) N 65 059'00" W 150.00 feet to the Northwest corner of
said parcel owned by Frank and Imogene Doll, also being the
Northeast corner of a parcel of land owned by Nottingham
Associates, Inc.;
thence along the East line of said parcel owned by Nottingham Associates,
Inc., S 24 037'00" W 372.80 feet to a point on the North line of a parcel
of land owned by Eagle River Townhouse Associates, Ltd.; thence along the
boundary of said parcel owned by Eagle River Townhouse Associates, Ltd.,
the following fifteen (15) courses:
1) S 37 022'08" E 4.43 feet;
2) S 25 009'46" W 67.91 feet;
3) S 65 026'03" E 7.77 feet;
4) S 79 030'46" E 47.34 feet;
5) S 74 °00'15" E 102.53 feet to the Southwest corner of Eaglebend;
6) S 59 039'32" E 398.03 feet along the South line of Eaglebend;
7) S 61 026'30" E 300.36 feet along the South line of Eaglebend;
8) S 59 °23'49" E 307.99 feet along the South line of Eaglebend;
9) S 84 014'40" E 54.42 feet along the South line of Eaglebend;
10) S 01 024'46" E 35.00 feet along the South line of Eaglebend;
11) S 65 000'10" E 9.38 feet along the South line of Eaglebend;
12) S 01 °48'20" E 125.87 feet to a point on the North right -of-
way line of U.S. Highway No. 6;
13) N 63 010'00" W 932.89 feet along said North right -of -way line;
14 N 57 027'00" W 100.50 feet along said North right -of -way line;
15) N 63 010'00" W 492.65 feet along said North right -of -way line;
thence S 26 050'00" W 120.07 feet to the Northwest corner of the Final Plat
of River Oaks Condominiums as recorded in the Eagle County Records; thence
along the South right -of -way line of U.S. Highway No. 6 and the North line
of River Oaks Condominiums, the following three (3) courses:
4/2/86 V -5182S PAGE 2 of 2
1) S 63 010'00" E 526.63 feet;
2) S 68 °54'36" E 100.50 feet;
3) S 63 °10'00" E 633.44 feet to a point on the boundary of the
Final Plat of Eagle -Vail Filing No. 2 as recorded in the Eagle County
Records;
thence along the boundary of Eagle -Vail Filing No. 2 and the South right -of-
way line of U.S. Highway No. 6, S 63 °10'00" E 267.69 feet; thence N 26 °50'00" E
100.00 feet to the Southwest corner of the Final Plat of White Water Condominiums
Phase I as recorded in the Eagle County Records; thence along the West line of
White Water Condominiums Phase I, N 03 009'12" E 121.11 feet to the Northwest
corner of said Plat and a point on the South line of Eaglebend; thence along
the boundary line of Eaglebend the following twelve (12) courses:
1) S 65 000'10" E 19.87 feet;
2) S 73 000'41" E 27.24 feet;
3) N 83 029'18" E 409.37 feet;
4) S 86 034'34" E 110.16 feet;
fl S 62 021'14" E 260.77 feet;
S 38 051'12" E 231.14 feet;
7) S 50 024'14" E 315.36 feet;
8) S 61 052'35" E 263.06 feet;
9) S 76 000'35" E 301.96 feet;
10) S 55 011'36" E 227.75 feet;
11) S 37 040'59" E 80.49 feet;
12) N 45 °53'00" E 503.74 feet to the Point of Beginning, containing
37.338 acres more or less.
The bearings relate to the Final Plat of Eaglebend as recorded in the Eagle
County Records.
c ' 4/2/86 V- 518r -,,
EXHIBIT C
Property owned by the Petitioners:
Lots 1 through 12, and the common area of Stonebridge Phase I
as recorded in the Eagle County Records containing 3.130 acres.
Lots 1 through 56, 61 through 68, and Tract A, Block 1 or the
Eaglebend Subdivision as recorded in the Eagle County Records con-
taining 18.704 acres.
Lots 2, 3, 4, 5, 7, 8, 10, 11, 12, 13, 14, 16, 17 and 18, Block
2, of the Eaglebend Subdivision as recorded in teh Eagle County Records
containing 8.731 acres.
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 Section 12, T. 5 South,
Range 82 West of the 6th P.M. and in Section 7, T. 5 South,
Range 81 West of the 6th P.M., Eagle County, Colorado)
TO THE HONORABLE TOWN COUNCIL OF THE TOWN OF AVON:
The undersigned, as the owners of more than fifty percent
(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 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 hereto. In support of said pe-
tition, the petitioners allege that:
(1) The undersigned are the owners of more than fifty
percent (50 %) of the land in the area proposed to be annexed,
and are more than 50% of the landowners in the area proposed to
be annexed, excluding public streets and alleys and any land
owned by the Town of Avon.
0
(2) It is desirable and necessary that the above
described territory be annexed to the Town of Avon;
(3) Not less than one -sixth (1/6) 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 and will be fur-
ther 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;
(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
(20) 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
-2-
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) A legal description of the land owned by the signer
of this Petition is attached hereto as Exhibit C.
(12) The mailing addresses of the signers of this petition
and the date of signing is affixed to the - petition;
(13) 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;
(14) Accompanying this petition are four prints of an
annexation map identified as Exhibit B, containing the follow-
ing 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;
-3-
(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 reg-
istered engineer or land surveyor and shows the dimensions by
scale of the boundaries and the bearings of the boundaries of
said area.
(15) This Petition contains signature lines for 100% of
the landowners of the area sought to be annexed, and may be
executed in counterparts. Any number of executed counterparts
which together shall have been executed by the owners of more
than 50% of the area sought to be annexed, as well as by more
than 50% of the landowners in the area sought to be annexed,
exclusive of public streets and alleys and any land owned by
the Town of Avon shall constitute one Petition.
The Petitioners respectfully request hereby that the Town
Council of the Town of Avon, Colorado, make a finding of sub-
stantial compliance for this Petition and commence proceedings
for a hearing hereon and approval of the annexation of the sub-
ject territory.
==
f
DATED this 25th day of March, 1986.
Address:
P.O. Box 978
Avon, Colorado 81620
Two Turtle Creek Village
A -12
Dallas, Texas 75219
8235 Douglas, #400
LB #32
Dallas, Texas 75225
4301 Purdue
Dallas, Texas 75225
EAGLEBEND, a Colorado
general partnership
By:
r Kleinstein, partner
David Whisenant, Trustee for
Elizabeth Lindley Whisenant Trust II
Richard Gray, Jr.
rt H. West
180 N. Executive Drive Dennis G. Punches
Brookfield, Wisconsin 53006
809 Glen Arden Way Dr. Milo R. Novotny
Altamonte Springs, Florida
32701
399389 U.S. Highway #6 Susan Nottingham
Avon, Colorado 81620
-5-
DATED this 25th day of March, 1986.
Address:
P.O. Box 978
Avon, Colorado 81620
EAGLEBEND, a Colorado
general partnership
By:
Arthur Kleinstein, partner
Two Turtle Creek Village David Whisenant, Trufjtee for
A -12 Elizabeth Lindley Whisenant Trust II
Dallas, Texas 75219
8235 Douglas, #400 Richard Gray, Jr.
LB #32
Dallas, Texas 75225
4301 Purdue Robert H. West
Dallas, Texas 75225
180 N. Executive Drive
Brookfield, Wisconsin 53006
809 Glen Arden Way
Altamonte Springs, Florida
32701
Dennis G. Punches
Dr. Milo R. Novotny
399389 U.S. Highway #6 Susan Nottingham
Avon, Colorado 81620
-5-
DATED this 25th day of March, 1986.
Address:
P.O. Box 978
Avon, Colorado 81620
Two Turtle Creek Village
A -12
Dallas, Texas 75219
8235 Douglas, #400
LB #32
Dallas, Texas 75225
j7'2,5- V,11 a ho vI,:X-
--49
Dallas, Texas 75225
180 N. Executive Drive
Brookfield, Wisconsin 53006
EAGLEBEND, a Colorado
general partnership
By:
Arthur Kleinstein, partner
David Whisenant, Trustee for
Elizabeth Lindley Whisenant Trust II
Richard Gray, Jr.
f
Robert H. West
Dennis G. Punches
809 Glen Arden Way Dr. Milo R. Novotny
Altamonte Springs, Florida
32701
399389 U.S. Highway #6 Susan Nottingham
Avon, Colorado 81620
-5-
fi
DATED this 25th day of March, 1986.
Address:
P.O. Box 978
Avon, Colorado 81620
Two Turtle Creek Village
A -12
Dallas, Texas 75219
8235 Douglas, #400
LB #32
Dallas, Texas 75225
EAGLEBEND, a Colorado
general partnership
By:
Arthur Kleinstein, partner
David Whisenant, Trustee for
Elizabeth Lindley Whisenant Trust II
Richard Gray, Jr.
4301 Purdue Robert H. West
Dallas, Texas 75225
180 N. Executive Drive ennis G. Punches
Brookfield, Wisconsin 53006
809 Glen Arden Way Dr. Milo R. Novotny
Altamonte Springs, Florida
32701
399389 U.S. Highway #6
Avon, Colorado 81620
Susan Nottingham
-5-
DATED this 25th day of March, 1986.
Address:
P.O. Box 978
Avon, Colorado 81620
Two Turtle Creek Village
A -12
Dallas, Texas 75219
8235 Douglas, #400
LB #32
Dallas, Texas 75225
4301 Purdue
Dallas, Texas 75225
180 N. Executive Drive
Brookfield, Wisconsin 53006
EAGLEBEND, a Colorado
general partnership
By:
Arthur Kleinstein, partner
Dav'd hisenant, Trustee for
E iz eth Lindley isenant Trust II
Richard Gray,/ Jr.
Robert H. West
Dennis G. Punches
809 Glen Arden Way Dr. Milo R. Novotny
Altamonte Springs, Florida
32701
399389 U.S. Highway #6 Susan Nottingham
Avon, Colorado 81620
-5-
227 Duffy Avenue
Hicksville, NY 11801
P.O. Box 2052
Avon, Colorado 81620
'388777 U.S. Highway #6
Avon, Colorado 81620
388777 U.S. Highway #6
Avon, Colorado 81620
2911 East 73rd Place
Tulsa, Oklahoma 74136
2910 East 68th Street
Tulsa, Oklahoma 74136
8468 South College
Tulsa, Oklahoma 74136
7214 South Urbana
Tulsa, Oklahoma 74136
Douglas Dwyer
Chris Ekrem
Suzanne Railton
John Railton
P 1.,s A H 1' a
Jam As E. Holliday
William W. Ramsey""-
Barney/E'. Barnes, Jr.
Mary LoiV Johnso
STONEBRIDGE ASSOCIATES,
an Oklahoma limited partnership
By:. �.
Jam 4s E. Holliday
i
P.O. Box 5ttD7'
Avon, Colorado 81620
N
Eagle County )
State of Colorado )
ss
EAGLE RIVER TOWNHOUSE
E
AFF Tr) ACTTT'
05- E H��
o .1
I, Jeffery M. Spanel, the circulator of this Petition,
swear and affirm that the signatures above are the signatures
of the persons of which they purport to be.
s
Dated this day of March, 1986.
Q �z
J ry M. Spanel
-7-
EXHIBIT A
LEGAL DESCRIPTION
A parcel of land lying in the Southeast one - quarter (SE 1/4) of
Section 12, T 5 S, R 82 W, and the Southwest one - quarter (SW 1/4) of
Section 7, T 5 S, R 81 W, all of the 6th P.M., Eagle County, Colorado,
and being more particularly described as follows:
Beginning at the Northeast corner of the Final Plat of Eaglebend
as recorded in the Eagle County Records; thence along the South right -
of -way line of the Denver and Rio Grande Western Railroad the follr•.,ing
five (5) courses (the first four courses also being along the North line
of Eaglebend):
1) N 64 °22'00" W 2064.00 feet;
2) 578.05 feet along the arc of a curve to the left having
a central angle of 00 °57'53" and a radius of 34327.50 feet, the
chord of which bears N 64 °50'57" W 578.05 feet
3) 390.54 feet along the arc of a curve to the left having
a central angle of 00 °39'07" and a radius of 34327.50 feet, the
chord of which bears N 65 °39'37" W 390.54 feet;
4) N 65 059'00" W 377.60 feet to the Northwest corner of
Eaglebend, also being the Northeast corner of a parcel of land
owned by Frank and Imogene Doll;
5) N 65 059'00" W 150.00 feet to the Northwest corner of
said parcel owned by Frank and Imogene Doll, also being the
Northeast corner of a parcel of land owned by Nottingham
Associates, Inc.;
thence along the East line of said parcel owned by Nottingham Associates,
Inc., S 24 °37'00" W 372.80 feet to a point on the North line of a parcel
of land owned by Eagle River Townhouse Associates, Ltd.; thence along the
boundary of said parcel owned by Eagle River Townhouse Associates, Ltd.,
the following fifteen (15) courses:
1) S 37 022'08" E 4.43 feet;
2) S 25 °09'46" W 67.91 feet;
3) S 65 °26'03" E 7.77 feet;
4) S 79 °30'46" E 47.34 feet;
5) S 74 °00'15" E 102.53 feet to the Southwest corner of Eaglebend;
6) S 59 °39'32" E 398.03 feet along the South line of Eaglebend;
7) S 61 026'30" E 300.36 feet along the South line of Eaglebend;
8) S 59 °23'49" E 307.99 feet along the South line of Eaglebend;
9) S 84 °14'40" E 54.42 feet along the South line of Eaglebend;
10) S 01 °24'46" E 35.00 feet along the South line of Eaglebend;
11) S 65 °00'10" E 9.38 feet along the South line of Eaglebend;
12) S 01 048'20" E 125.87 feet to a point on the North right -of-
way line of U.S. Highway No. 6;
13) N 63 010'00" W 932.89 feet along said North right -of -way line;
14 N 57 027'00" W 100.50 feet along said North right -of -way line;
15) N 63 010'00" W 492.65 feet along said North right -of -way line;
thence S 26 050'00" W 120.07 feet to the Northwest corner of the Final Plat
of River Oaks Condominiums as recorded in the Eagle County Records; thence
along the South right -of -way line of U.S. Highway No. 6 and the North line
of River Oaks Condominiums, the following three (3) courses:
4/2/86 V -51825
PAGE 2 of 2
1) S 63 010'00" E 526.63 feet;
2) S 68 054'36" E 100.50 feet;
3) S 63 010'00" E 633.44 feet to a point on the boundary of the
Final Plat of Eagle -Vail Filing No. 2 as recorded in the Eagle County
Records;
thence along the boundary of Eagle -Vail Filing No. 2 and the South right -of-
way line of U.S. Highway No. 6, S 63 010'00" E 267.69 feet; thence N 26 050'00" E
100.00 feet to the Southwest corner of the Final Plat of White Water Condominiums
Phase I as recorded in the Eagle County Records; thence along the West line of
White Water Condominiums Phase I, N 03 °09'12" E 121.11 feet to the Northwest
corner of said Plat and a point on the South line of Ea lebend; thence along
the boundary line of Eaglebend the following twelve (12� courses:
1) S 65 000'10" E 19.87 feet;
2) S 73 000'41" E 27.24 feet;
3) N 83 029'18" E 409.37 feet;
4) S 86 034'34" E 110.16 feet;
5) S 62 021'14" E 260.77 feet;
6) S 38 051'12" E 231.14 feet;
7) S 50 024'14" E 315.36 feet;
8) S 61 052'35" E 263.06 feet;
9) S 76 000'35" E 301.96 feet;
10) S 55 °11'36" E 227.75 feet;
11) S 37 040'59" E 80.49 feet;
12) N 45 °53'00" E 503.74 feet to the Point of Beginning, containing
37.338 acres more or less.
The bearings relate to the Final Plat of Eaglebend as recorded in the Eagle
County Records.
- i
4/2/86 V -518 ?c
EXHIBIT C
Property owned by the Petitioners:
Lots 1 through 12, and the common area of Stonebridge Phase I
as recorded in the Eagle County Records containing 3.130 acres.
Lots 1 through 56, 61 through 68, and Tract A, Block 1 or the
Eaglebend Subdivision as recorded in the Eagle County Records con-
taining 18.704 acres.
Lots 2, 3, 4, 5, 7, 8, 10, 11, 12, 13, 14, 16, 17 and 18, Block
2, of the Eaglebend Subdivision as recorded in teh Eagle County Records
containing 8.731 acres.
Ak-
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 Section 12, T. 5 South,
Range 82 West of the 6th P.M. and in Section 7, T. 5 South,
Range 81 West of the 6th P.M., Eagle County, Colorado)
TO THE HONORABLE TOWN COUNCIL OF THE TOWN OF AVON:
The undersigned, as the owners of more than fifty percent
(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 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 hereto. In support of said pe-
tition, the petitioners allege that:
(1) The undersigned are the owners of more than fifty
percent (50 %) of the land in the area proposed to be annexed,
and are more than 50% of the landowners in the area proposed to
be annexed, excluding public streets and alleys and any land
owned by the Town of Avon.
(2) It is desirable and necessary that the above
described territory be annexed to the Town of Avon;
(3) Not less than one -sixth (1/6) 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 and will be fur-
ther 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;
(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
(20) 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
-2-
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) A legal description of the land owned by the signer
of this Petition is attached hereto as Exhibit C.
(12) The mailing addresses of the signers of this petition
and the date of signing is affixed to the petition;
(13) 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;
(14) Accompanying this petition are four prints of an
annexation map identified as Exhibit B, containing the follow-
ing 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;
-3-
(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 reg-
istered engineer or land surveyor and shows the dimensions by
scale of the boundaries and the bearings of the boundaries of
said area.
(15) This Petition contains signature lines for 100% of
the landowners of the area sought to be annexed, and may be
executed in counterparts. Any number of executed counterparts
which together shall have been executed by the owners of more
than 50% of the area sought to be annexed, as well as by more
than 50% of the landowners in the area sought to be annexed,
exclusive of public streets and alleys and any land owned by
the Town of Avon shall constitute one Petition.
The Petitioners respectfully request hereby that the Town
Council of the Town of Avon, Colorado, make a finding of sub-
stantial compliance for this Petition and commence proceedings
for a hearing hereon and approval of the annexation of the sub-
ject territory.
IM
DATED this 25th day of March, 1986.
Address:
P.O. Box 978
Avon, Colorado 81620
Two Turtle Creek Village
A -12
Dallas, Texas 75219
8235 Douglas, #400
LB #32
Dallas, Texas 75225
4301 Purdue
Dallas, Texas 75225
EAGLEBEND, a Colorado
general partnership
By:
ur Kleinstein, partner
David Whisenant, Trustee for
Elizabeth Lindley Whisenant Trust II
Richard Gray, Jr.
Robert H. West
180 N. Executive Drive Dennis G. Punches
Brookfield, Wisconsin 53006
809 Glen Arden Way Dr. Milo R. Novotny
Altamonte Springs, Florida
32701
399389 U.S. Highway #6 Susan Nottingham
Avon, Colorado 81620
Q•IM
DATED this 25th day of March, 1986.
Address:
P.O. Box 978
Avon, Colorado 81620
Two Turtle Creek Village
A -12
Dallas, Texas 75219
8235 Douglas, #400
LB #32
Dallas, Texas 75225
4301 Purdue
Dallas, Texas 75225
180 N. Executive Drive
Brookfield, Wisconsin 53006
809 Glen Arden Way
Altamonte Springs, Florida
32701
399389 U.S. Highway #6
Avon, Colorado 81620
EAGLEBEND, a Colorado
general partnership
By:
Arthur Kleinstein, partner
,,,, ( U,-, --r. --(" - ��-
David Whisenant, Tru tee for
Elizabeth Lindley Whisenant Trust II
Richard Gray, Jr.
Robert H. West
Dennis G. Punches
Dr. Milo R. Novotny
Susan Nottingham
-5-
DATED this 25th day of March, 1986.
Address:
P.O. Box 978
Avon, Colorado 81620
Two Turtle Creek Village
A -12
Dallas, Texas 75219
8235 Douglas, #400
LB #32
Dallas, Texas 75225
:v vT - -rte
Dallas, Texas 75225
EAGLEBEND, a Colorado
general partnership
By:
Arthur Kleinstein, partner
David Whisenant, Trustee for
Elizabeth Lindley Whisenant Trust II
Richard Gray, Jr.
:74
Robert H. West
180 N. Executive Drive Dennis G. Punches
Brookfield, Wisconsin 53006
809 Glen Arden Way Dr. Milo R. Novotny
Altamonte Springs, Florida
32701
399389 U.S. Highway #6 Susan Nottingham
Avon, Colorado 81620
-5-
DATED this 25th day of March, 1986.
Address:
P.O. Box 978
Avon, Colorado 81620
Two Turtle Creek Village
A -12
Dallas, Texas 75219
8235 Douglas, #400
LB #32
Dallas, Texas 75225
EAGLEBEND, a Colorado
general partnership
By:
Arthur Kleinstein, partner
David Whisenant, Trustee for
Elizabeth Lindley Whisenant Trust II
Richard Gray, Jr.
4301 Purdue Robert H. West
Dallas, Texas 75225
180 N. Executive Drive ennis G. Punches
Brookfield, Wisconsin 53006
809 Glen Arden Way
Altamonte Springs, Florida
32701
399389 U.S. Highway #6
Avon, Colorado 81620
Dr. Milo R. Novotny
Susan Nottingham
-5-
r�
DATED this 25th day of March, 1986.
Address:
P.O. Box 978
Avon, Colorado 81620
Two Turtle Creek Village
A -12
Dallas, Texas 75219
8235 Douglas, #400
LB #32
Dallas, Texas 75225
4301 Purdue
Dallas, Texas 75225
180 N. Executive Drive
Brookfield, Wisconsin 53006
809 Glen Arden Way
Altamonte Springs, Florida
32701
399389 U.S. Highway #6
Avon, Colorado 81620
'I -,,
EAGLEBEND, a Colorado
general partnership
By:
Arthur Kleinstein, partner
Dav'd isenant, Trustee for
E iz eth Lindley isenant Trust II
Richard Gray,/ Jr:
Robert H. West
Dennis G. Punches
Dr. Milo R. Novotny
Susan Nottingham
-5-
227 Duffy Avenue
Hicksville, NY 11801
P.O. Box 2052
Avon, Colorado 81620
388777 U.S. Highway #6
Avon, Colorado 81620
388777 U.S. Highway #6
Avon, Colorado 81620
2911 East 73rd Place
Tulsa, Oklahoma 74136
2910 East 68th Street
Tulsa, Oklahoma 74136
8468 South College
Tulsa, Oklahoma 74136
7214 South Urbana
Tulsa, Oklahoma 74136
Douglas Dwyer
Chris Ekrem
Suzanne Railton
John Railton
/J �I
P ,tyyq li /s A', H, Jlk f ayr �%
JamAs E. Holliday
William W. Ramsey
Barney/r- Barnes, Jr.
�1 ILI
Mary Louj Johnso
STONEBRIDGE ASSOCIATES,
an Oklahoma limited partnership
By: �• g4l
Jam 6s E. Holliday
P.O. Box 6050
Avon, Colorado 81620
Frank Doll
mogene uo
Eagle County )
ss
State of Colorado )
EAGLE RIVER TOWNHOUSE
E
-.• � .. •ter
L'Pr TT) M7T'P
I, Jeffery M. Spanel, the circulator of this Petition,
swear and affirm that the signatures above are the signatures
of the persons of which they purport to be.
57
Dated this Si day of March, 1986.
Je ry M. Spanel
-7-
4/2/86 V -5182S
EXHIBIT A
LEGAL DESCRIPTION
PAGE 1 of 2
A parcel of land lying in the Southeast one - quarter (SE 1/4) of
Section 12, T 5 S, R 82 W, and the Southwest one - quarter (SW 1/4) of
Section 7, T 5 S, R 81 W, all of the 6th P.M., Eagle County, Colorado,
and being more particularly described as follows:
Beginning at the Northeast corner of the Final Plat of Eaglebend
as recorded in the Eagle County Records; thence along the South right -
of -way line of the Denver and Rio Grande Western Railroad the following
five (5) courses (the first four courses also being along the North line
of Eaglebend):
1) N 64 °22'00" W 2064.00 feet;
2) 578.05 feet along the arc of a curve to the left having
a central angle of 00 °57'53" and a radius of 34327.50 feet, the
chord of which bears N 64 °50'57" W 578.05 feet
3) 390.54 feet along the arc of a curve to the left having
a central angle of 00 °39'07" and a radius of 34327.50 feet, the
chord of which bears N 65 039'37" W 390.54 feet;
4) N 65 059'00" W 377.60 feet to the Northwest corner of
Eaglebend, also being the Northeast corner of a parcel of land
owned by Frank and Imogene Doll;
5) N 65 °59'00" W 150.00 feet to the Northwest corner of
said parcel owned by Frank and Imogene Doll, also being the
Northeast corner of a parcel of land owned by Nottingham
Associates, Inc.;
thence along the East line of said parcel owned by Nottingham Associates,
Inc., S 24 037'00" W 372.80 feet to a point on the North line of a parcel
of land owned by Eagle River Townhouse Associates, Ltd.; thence along the
boundary of said parcel owned by Eagle River Townhouse Associates, Ltd.,
the following fifteen (15) courses:
1) S 37 °22'08" E 4.43 feet;
2) S 25 °09'46" W 67.91 feet;
3) S 65 026'03" E 7.77 feet;
4) S 79 °30'46" E 47.34 feet;
5) S 74 °00'15" E 102.53 feet to the Southwest corner of Eaglebend;
6) S 59 039'32" E 398.03 feet along the South line of Eaglebend;
7) S 61 026'30" E 300.36 feet along the South line of Eaglebend;
8) S 59 023'49" E 307.99 feet along the South line of Eaglebend;
9) S 84 014'40" E 54.42 feet along the South line of Eaglebend;
10) S 01 024'46" E 35.00 feet along the South line of Eaglebend;
11) S 65 000'10" E 9.38 feet along the South line of Eaglebend;
12) S 01 048'20" E 125.87 feet to a point on the North right -of-
way line of U.S. Highway No. 6;
13 N 63 010'00" W 932.89 feet along said North right -of -way line;
14 N 57 027'00" W 100.50 feet along said North right -of -way line;
15) N 63 010'00" W 492.65 feet along said North right -of -way line;
thence S 26 °50'00" W 120.07 feet to the Northwest corner of the Final Plat
of River Oaks Condominiums as recorded in the Eagle County Records; thence
along the South right -of -way line of U.S. Highway No. 6 and the North line
of River Oaks Condominiums, the following three (3) courses:
4/2/86 V -5182S
PAGE 2 of 2
1) S 63 010'00" E 526.63 feet;
2) S 68 054'36" E 100.50 feet;
3) S 63 010'00" E 633.44 feet to a point on the boundary of the
Final Plat of Eagle -Vail Filing No. 2 as recorded in the Eagle County
Records;
thence along the boundary of Eagle -Vail Filing No. 2 and the South right -of-
way line of U.S. Highway No. 6, S 63 010'00" E 267.69 feet; thence N 26 050100" E
100.00 feet to the Southwest corner of the Final Plat of White Water Condominiums
Phase I as recorded in the Eagle County Records; thence along the West line of
White Water Condominiums Phase I, N 03 °09'12" E 121.11 feet to the Northwest
corner of said Plat and a point on the South line of Eaglebend; thence along
the boundary line of Eaglebend the following twelve (12) courses:
fl 1 S 65 000'10"
2 S 73 000'41"
3) N 83 029'18"
4) S 86 °34'34"
fl 5 S 62 021'14"
6 S 38 051'12"
7) S 50 024'14"
8) S 61 052'35"
9) S 76 000'35"
10) S 55 011'36"
11) S 37 040'59"
12) N 45 053'00"
37.338 acres more o
E 19.87 feet;
E 27.24 feet;
E 409.37 feet;
E 110.16 feet;
E 260.77 feet;
E 231.14 feet;
E 315.36 feet;
E 263.06 feet;
E 301.96 feet;
E 227.75 feet;
E 80.49 feet;
E 503.74 feet
r less.
to the Point of Beginning, containing
The bearings relate to the Final Plat of Eaglebend as recorded in the Eagle
County Records.
4/2/86 V -5182S
EXHIBIT C
Property owned by the Petitioners:
Lots 1 through 12, and the common area of Stonebridge Phase I
as recorded in the Eagle County Records containing 3.130 acres.
Lots 1 through 56, 61 through 68, and Tract A, Block 1 or the
Eaglebend Subdivision as recorded in the Eagle County Records con-
taining 18.704 acres.
Lots 2, 3, 4, 5, 7, 8, 10, 11, 12, 13, 14, 16, 17 and 18, Block
2, of the Eaglebend Subdivision as recorded in teh Eagle County Records
containing 8.731 acres.
T S
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 Section 12, T. 5 South,
Range 82 West of the 6th P.M. and in Section 7, T. 5 South,
Range 81 West of the 6th P.M., Eagle County, Colorado)
TO THE HONORABLE TOWN COUNCIL OF THE TOWN OF AVON:
The undersigned, as the owner of more than fifty percent
(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 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 hereto. In support of said pe-
tition, the petitioners allege that:
(1) The undersigned is the owner of more than fifty per-
cent (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;
(2) It is desirable and necessary that the above
described territory be annexed to the Town of Avon;
(3) Not less than one -sixth (1/6) 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 and will be fur-
ther 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;
(7) No land held in identical ownership has been divided
into separate parts or parcels without the written consent of
the landowners;
f I
(8) No land held in identical ownership comprising twenty
(20) 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) A legal description of the land owned by the signer
of this Petition is attached hereto as Exhibit C.
(12) The mailing addresses of the signers of this petition
and the date of signing is affixed to the petition;
(13) 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;
(14) Accompanying this petition are four prints of an
annexation map identified as Exhibit B, containing the follow-
ing 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 reg-
istered engineer or land surveyor and shows the dimensions by
scale of the boundaries and the bearings of the boundaries of
said area.
The Petitioners respectfully request hereby that the Town
Council of the Town of Avon, Colorado, make a finding of
-2-
rte.,
substantial compliance for this Petition and commence proceed-
ings for a hearing hereon and approval of the annexation of the
subject territory.
DATED this 9 day of January, 1986.
EAGLEBEND, a Colorado
general partnership
By: r
Arthur Kleinstein, partner
i10-A- MMAT -IU M
Eagle County }
ss
State of Colorado )
I, Jeffery M. Spanel, the circulator of this Petition,
swear and affirm that the signature above is the signature of
Arthur Kleinstein, as it purports to be.
Dated this 'S&_ day of
-3-
EXHIBIT A
LEGAL DESCRIPTION:
Vlp
A parcel of land lying in the South one -half of the Northeast one - quarter
and the North one -half of the Southeast one - quarter of Section 12, Township 5
South, Range 82 West, and the Southwest one - quarter of Section 7, Township 5
North, Range 81 West, all of the Sixth Principal Meridian, Eagle County,
Colorado, and being more particularly described as follows:
Beginning at the Southeast corner of Lot 22, Block 2, Benchmark at
Beaver Creek, as recorded in the Eagle County Records; thence S 24 °01'00 W
100.00 feet to a point on the South right -of -way line of the Denver and
Rio Grande Western Railroad; thence along said South right -of -way line
S 65 059'00" E 827.83 feet to the Northwest corner of Eaglebend, as recorded
in the Eagle County Records; thence along the boundary of Eaglebend the
following seven (7) courses:
1) S 23 028'30" W 417.51 feet;
2) S 59 039'32" E 398.03 feet;
3) S 61 026'30" E 300.36 feet;
4) S 59 023'49" E 308.03 feet;
5) S 84 014'40" E 54.42 feet;
6) S 01 024'46" E 35.00 feet;
7) S 65 000'10" E 9.38 feet;
thence S 01 °48'20" E 120.18 feet to a point on the North right -of -way line
of U.S. Highway No. 6; thence along said right -of -way line S 17 °53'44" E
7.02 feet to the Southwest corner of White Water Condominiums as recorded
in the Eagle County Records; thence along the West boundary of said White
Water Condominiums N 03 °09'12" E 121.11 feet to a point on the South boundary
line of Eaglebend; thence along the boundary of Eaglebend the following
twelve (12) courses:
1) S 65 °00'10" E 19.87 feet;
2) S 73 °00'41" E 27.24 feet;
3) N 83 °29'18" E 409.37 feet;
4) S 86 °34'34" E 110.16 feet;
5) S 62 °21'14" E 260.77 feet;
6) S 38 °51'12" E 231.14 feet;
7) S 50 °24'14" E 315.36 feet;
8) S 61 °52'35" E 263.06 feet;
9) S 76 °00'35" E 301.96 feet;
10) S 55 °11'36" E 227.75 feet;
11) S 37 040'59" E 80.49 feet;
12 N 45 053'00" E 503.74 feet
to the Northeast corner of Eaglebend;
thence N 25 038'00" E 100.00 feet to the North right -of -way line of the Denver
and Rio Grande Western Railroad; thence along said North right -of -way line the
following three (3) courses:
1) N 64 022'00" W 2064.00 feet;
2) 971.41 feet along the arc of a curve to the left having
a central angle of 01 037'00" and a radius of 34,427.50 feet,
the chord of which bears N 65 010'30" W 971.38 feet;
3) N 65 059'00" W 1205.43 feet to the Point of Beginning,
containing 41.789 acres, more or less.
The bearings relate to the plat of Eaglebend as recorded in the Eagle County
Records.
EXHIBIT C
PROPERTY OWNED BY PETITIONER
Lots 1 through 56, 61 through 68, Block 1, containing 90,789 square feet;
Lots 2 through 4, 8, 10, 11, 13, 14, 18, 20 through 28, Block 2,
containing 283,505 square feet;
Tract "A ", containing 825,390 square feet;
all within Eaglebend according to the final plat filed in the Eagle County
Records.
EXHIBIT A
LEGAL DESCRIPTION:
A parcel of land lying in the South one -half of the Northeast one - quarter
and the North one -half of the Southeast one - quarter of Section 12, Township 5
South, Range 82 West, and the Southwest one - quarter of Section 7, Township 5
North, Range 81 West, all of the Sixth Principal Meridian, Eagle County,
Colorado, and being more particularly described as follows.:
Beginning at the Southeast corner of Lot 22, Block 2, Benchmark at
Beaver Creek, as recorded in the Eagle County Records; thence S 24 °01'00 W
100.00 feet to a point on the South right -of -way line of the Denver and
Rio Grande Western Railroad; thence along said South right -of -way line
S 65 059'00" E 827.83 feet to the Northwest corner of Eaglebend, as recorded
in the Eagle County Records; thence along the boundary of Eaglebend the
following seven (7) courses:
1) S 23 °28'30" W 417.51 feet;
2) S 59 °39'32" E 398.03 feet;
3) S 61 °26'30" E 300.36 feet;
4) S 59 °23'49" E 308.03 feet;
5) S 84 °14'40" E 54.42 feet;
6) S 01 °24'46" E 35.00 feet;
7) S 65 000'10" E 9.38 feet;
thence S 01 °48'20" E 120.18 feet to a point on the North right -of -way line
of U.S. Highway No. 6; thence along said right -of -way line S 17 °53'44" E
7.02 feet to the Southwest corner of White Water Condominiums as recorded
in the Eagle County Records; thence along the West boundary of said White
Water Condominiums N 03 °09'12" E 121.11 feet to a point on the South boundary
line of Eaglebend; thence along the boundary of Eaglebend the following
twelve (12) courses:
1) S 65 °00'10" E 19.87 feet;
fl S 73 000'41" E 27.24 feet;
N 83 029'18" E 409.37 feet;
4) S 86 °34 -34" E 110.16 feet;
5) S 62 °21'14" E 260.77 feet;
6) S 38 °51'12" E 231.14 feet;
7) S 50 °24'14" E 315.36 feet;
8) S 61 °52'35" E 263.06 feet;
9) S 76 °00'35" E 301.96 feet;
10) S 55 °11'36" E 227.75 feet;
11) S 37 °40'59" E 80.49 feet;
12) N 45 °53'00" E 503.74 feet
to the Northeast corner of Eaglebend;
thence N 25 °38'00" E 100.00 feet to the North right -of -way line of the Denver
and Rio Grande Western Railroad; thence along said North right -of -way line the
following three (3) courses:
1) N 64 °22'00" W 2064.00 feet;
2) 971.41 feet along the arc of a curve to the left having
a central angle of 01 037'00" and a radius of 34,427.50 feet,
the chord of which bears N 65 °10'30" W 971.38 feet;
3) N 65 059'00" W 1205.43 feet to the Point of Beginning,
containing 41.789 acres, more or less.
The bearings relate to the plat of Eaglebend as recorded in the Eagle County
Records.
EXHIBIT A
LEGAL DESCRIPTION:
A parcel of land lying in the South one -half of the Northeast one - quarter
and the North one -half of the Southeast one - quarter of Section 12, Township 5
South, Range 82 West, and the Southwest one - quarter of Section 7, Township 5
North, Range 81 West, all of the Sixth Principal Meridian, Eagle County,
Colorado, and being more particularly described as follows:
Beginning at the Southeast corner of Lot 22, Block 2, Benchmark at
Beaver Creek, as recorded in the Eagle County Records; thence S 24 °01'00 W
100.00 feet to a point on the South right -of -way line of the Denver and
Rio Grande Western Railroad; thence along said South right -of -way line
S 65 059'00" E 827.83 feet to the Northwest corner of Eaglebend, as recorded
in the Eagle County Records; thence along the boundary of Eaglebend the
following seven (7) courses:
1) S 23 °28'30" W 417.51 feet;
2) S 59 °39'32" E 398.03 feet;
3) S 61 °26'30" E 300.36 feet;
4) S 59 °23'49" E 308.03 feet;
5) S 84 014'40" E 54.42 feet;
6) S 01 024'46" E 35.00 feet;
7) S 65 °00'10" E 9.38 feet;
thence S 01 °48'20" E 120.18 feet to a point on the North right -of -way line
of U.S. Highway No. 6; thence along said right -of -way line S 17 °53'44" E
7.02 feet to the Southwest corner of White Water Condominiums as recorded
in the Eagle County Records; thence along the West boundary of said White
Water Condominiums N 03 °09'12" E 121.11 feet to a point on the South boundary
line of Eaglebend; thence along the boundary of Eaglebend the following
twelve (12) courses:
1) S 65 000'10"
fl S 73 000'41"
N 83 029'18"
4) S 86 034'34"
5) S 62 °21'14"
6) S 38 °51'12"
7) S 50 024'14"
8) S 61 052'35"
9) S 76 000'35"
10) S 55 011'36"
11) S 37 040'59"
12) N 45 °53'00"
E 19.87 feet;
E 27.24 feet;
E 409.37 feet;
E 110.16 feet;
E 260.77 feet;
E 231.14 feet;
E 315.36 feet;
E 263.06 feet;
E 301.96 feet;
E 227.75 feet;
E 80.49 feet;
E 503.74 feet
to the Northeast corner of Eaglebend;
thence N 25 °38'00" E 100.00 feet to the North right -of -way line of the Denver
and Rio Grande Western Railroad; thence along said North right -of -way line the
following three (3) courses:
1) N 64 °22'00" W 2064.00 feet;
2) 971.41 feet along the arc of a curve to the left having
a central angle of 01 °37'00" and a radius of 34,427.50 feet,
the chord of which bears N 65 °10'30" W 971.38 feet;
3) N 65 059'00" W 1205.43 feet to the Point of Beginning,
containing 41.789 acres, more or less.
The bearings relate to the plat of Eaglebend as recorded in the Eagle County
Records.