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`
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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
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ATTEST:
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AMENDED FINAL PLAT
LOT 1, NOTTINGHAM COTTAGES P.U.D. AND LOT 7, MCGRADY ACRES
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AMENDED FINAL PLAT
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COUNTY OF EAGLE, STATE OF COLORADO
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