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03-27-2007 Nottingham Cottage PUD L7 AGi I PO Box 975 400 Benchmark Road Avon, CO 81620 Telephone: 970 - 748 -4000 Fax # 970 - 949 -9139 MEMO To: Bob Morris, Deputy County Attorney From: Patty McKenny, Town Clerk Date: 4/3/07 RE: Materials for Nottingham Cottages PUD Please find the following items recently approved by the Avon Town Council related to the Nottingham Cottages PUD: Agreement between the County of Eagle, State of Colorado and the Town of Avon Exhibit A — Resolution No. 07 -02 Approving the above named agreement Exhibit B — Amended Final Plat Please note there are 3 executed originals of the Agreement. Please return one original upon execution of the document along with the exhibits. Please note that Exhibit B is not very clear, if you should have a more readable version please provide that when you return the Town original. Will the county record this document? Please return to: Patty McKenny Town of Avon PO Box 975 Avon, CO Thanks. AGREEMENT BETWEEN THE COUNTY OF EAGLE, STATE OF COLORADO AND THE TOWN OF AVON THIS AGREEMENT, made this 29 t% day of Ck , 2007, by and between the County of Eagle, State of Colorado ( "County "), a body corporate and politic; by and through its Board of County Commissioners, and The Town of Avon, Colorado ( "Town "), a body corporate and politic, by and through its Town Council, WITNESSETH: WHEREAS, in 1991 the County approved the McGrady Acres PUD and in 1998 approved the Nottingham Cottages PUD a contiguous development (jointly, "PUDs "); and WHEREAS, in 2002, the Town of Avon/Traer Creek Metropolitan District condemned a portion of the Nottingham Cottages PUD in order to construct the road right -of -way for William J. Post Blvd, and after completion of the road improvements, the unused portion of the condemned property (renamed "Tract B" by virtue of being platted in the Town of Avon) was returned via Special Warranty Deed from the Traer Creek Metropolitan District to the owners of the Nottingham Cottages PUD; and WHEREAS, on or about June 14, 2006, the owners of the Nottingham Cottages PUD and Lot 7 of the McGrady Acres PUD (hereinafter "Applicants ") both (a) applied to the County for approval of a Planned Unit Development Amendment (hereinafter "PDA "), File No. PDA- 00066 that would recognize the modification of a shared lot line between both PUDs as well as the re- inclusion of Tract B in the amended PUDs by eliminating the internal lot line of Tract B, and (b) submitted a proposed Amended Final Plat reflecting the changes proposed in the amendment; and WHEREAS, Tract B is too small to support proceedings to legally disconnect it from the Town of Avon and return it to unincorporated Eagle County; and WHEREAS, at its public hearing held November 1, 2006, the County Planning Commission, based upon its findings, recommended approval with conditions of the proposed PUD Amendment; and, WHEREAS, a public hearing was held by the Board of Eagle County Commissioners (hereinafter the Board) on November 21 S', 2006 to consider the PUDs Amendment application; and, WHEREAS, based on the evidence, testimony, exhibits, and study of the Comprehensive Plan for the unincorporated areas of the County, comments of the County Department of Page l of 3 Community Development, comments of public officials and agencies, the recommendation of the Plamiing Commission, and comments from all interested parties, the Board approved, with conditions, the proposed amendments to the PUDs (the "PUD Amendments ") at a public hearing on December 19, 2006 (copy of Board Resolution attached as Exhibit A hereto); and WHEREAS, a condition of the approval of such PUD amendments by the Board is execution of an intergovernmental agreement with the Town of Avon acceptable to the County Attorney; and WHEREAS, Town is willing to cooperate with County in facilitating the PUD amendments described hereinabove by entering into this Agreement with County. NOW, THEREFORE, County and Town agree: (1) that Tract B (as shown on the Amended Final Plat attached as Exhibit B hereto) shall be treated by Town for all purposes as controlled by the applicable provisions of the PUD Amendments; and (2) that such Tract B is restricted to use as open space; and (3) that Town will take no legislative action with respect to such Tract B that is inconsistent with the terms of the PUD Amendments and the Amended Final Plat; and (4) in the event of a proposed further amendment of the PUD or Amended Final Plat, the County will notify the Town of the proposed amendment and (a) the Town shall have the right of review of any proposed further amendment that affects Tract B, and the County will not approve a further amendment affecting Tract B }directly or indirectly, or impacting Nottingham Ranch Road or William J. Post Boulevard, without written consent to such an amendment by the Town; (b) the County will not approve a further amendment that does not affect Tract B. directly or indirectly, or impact Nottingham Ranch Road or Williain J. Post Boulevard. without first obtaining the Town's comments on such further amendment and giving full consideration to any possible direct or indirect impacts of such amendment on the Town. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date first set forth above. BALANCE OF THIS PAGE INTENTIONALLY LEFT BLANK Page 2 of 3 COUNTY OF EAGLE, STATE OF COLORADO BY AND THROUGH ITS BOARD OF �K11Mwelelur1-390 L � Am M. Menconi, Chairman ATTEST: By: Teak J. Simonton. Clerk to the Board of County Commissioners Attest: By- P c3 TOWN. - ON; COLO O Byrj` f k ` ♦ J. Y S Page 3 of 3 RESOLUTION 07 -02 Series of 2007 A RESOLUTION APPROVING AN AGREEMENT BETWEEN THE COUNTY OF EAGLE, STATE OF COLORADO AND THE TOWN OF AVON RELATED TO MCGRADY ACRES PUD AND NOTTINGHAM COTTAGES PUD WHEREAS; a portion of the Nottingham Cottages PUD was annexed into the Town of Avon in connection with road right -of -way for construction of Post Boulevard ; and WHEREAS, an unused portion of the annexed property that was replatted as Tract B through the Town of Avon was reconveyed to the owners of Nottingham Cottages PUD via Special Warranty Deed; and WHEREAS; the owners of Lot 7, McCrady Acres and Nottingham Cottages PUD applied to Eagle County for a PUD amendment; and WHEREAS, Tract B is a part of the requested PUD amendment and is still within the Town of Avon; and WHEREAS, the PUD Amendment was approved by Eagle County with the condition that the Town execute an intergovernmental agreement with the County that the Town will take no legislative action with respect to Tract B that is inconsistent with the terms of the PUDs. NOW, THEREFORE, BE IT RESOLVED: That the AGREEMENT BETWEEN THE COUNTY OF EAGLE. STATE OF COLORADO AND THE TOWN OF AVON attached hereto as Exhibit 1 is hereby approved. ADOPTED at a regular meeting of the Town Council of the Town of Avon the 13th day of February 2007. It _ Ronald C. Wolfe, Mayor CW F t ATTEST: 0 Makenn 7C To Clerk LNTmvn Clerk\ Council \Resolutions\2007 \Resolution No. 07 -02 Eagle Co IGA Mcgrady Acres.Doc i s tF E E e C4 a V Q Q a f� r � E. cp c a fti v m Q C V c •¢r C: C z 6 g I, x � i, + 1 � i ±1 l d 11 'i FI 4 )j i' ' E I �I !I I II i; as � I� I • c I c� 3 �I! � rE•n r ' 1J, � � aaaaal J a 1�E'•EF , .EF EEFFiEF' ` ! • aoan ; ,,;; I t. 'rte 9 , e j , i iiiI I t I01 N ! 0, ' � s ,• is e ! P • r' a E; s I, x � i, + 1 � i ±1 l d 11 'i FI 4 )j i' ' E I �I !I I II i; as � I� I • c I c� 3 �I! � rE•n r ' 1J, � � aaaaal J a 1�E'•EF , .EF EEFFiEF' ` ! • aoan ; ,,;; I t. 'rte 9 , e j , i iiiI I t I01 N ! 0, AMENDED FINAL PLAT LOT 1, NOTTINGHAM COTTAGES P.U.D. AND LOT 7, MCGRADY ACRES COUNTY OF EAGLE, STATE OF COLORADO ------ ------- r SrAL vwnfmKiv INK � .. . ... ..... .. . .... . .. 'd 7, EXHIBIT e 11 Vk 77 sr 1Z EXHIBIT e 11 Vk s F F 5 UJI w ce U Q a L' C � Q J A w cQi' U � � C U Q L z a 6 K M, ;it•j�ll�' 1 3aJaltF; t ! dp e �lPI i ■ o *. a i t I 1 � �E y. gel f a �8 l! Ef I i l� � !1 �l I ' .1 i; j I1; I; t I � 1 I t jq a I i I •i , I I1; st i a ! i {I {{I 1>i 7 1 1 NI �c I .r ar �ag'. t, i Okho,I 4P 7[EFFii and !ooaae 0 F , 11. ! E !! E I !I i E 0) jq a f \ ja �J p a, 'Ji ! i {I {{I 1>i 7 1 1 NI �c I .r ar �ag'. t, i Okho,I 4P 7[EFFii and !ooaae 0 F , 11. ! E !! E I !I i E 0) AMENDED FINAL PLAT LOT 1, NOTTINGHAM COTTAGES P.U.D. AND LOT 7, MCGRADY ACRES COUNTY OF EAGLE, STATE OF COLORADO . ........ . ....... SEAL L U . ........ . ....... SEAL olauft ...... ..... . k b V a; U. EXHIBIT c \I.k I