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TC Ord. No. 1979-03IR ORDINANCE NO. 7?-3 Series of 1979 AN ORDINANCE ANNEXING TO THE TOWN OF AVON A PARCEL OF PROPERTY LOCATED IN SECTION 35, T4S, R82W OF THE 6TH P.M., BY BENCHMARK AT BEAVER CREEK, A COLORADO LIMITED PARTNERSHIP: AND SETTING FORTH FINDINGS AND CONCLUSIONS AND OTHER DETAILS IN RELATION THERETO. WHEREAS, a petition for annexation to the Town of Avon of certain parcels of property located in Section 35, T4S, R82W, of the 6th P.M., Eagle County, Colorado, has been submitted to the Town Clerk of the Town of Avon and referred therefrom to the Town Council; WHEREAS, the owners of 100% of the property proposed for annexation, exclusive of the streets and alleys, is Bench- mark at Beaver Creek, a Colorado Limited Partnership; WHEREAS, the petition was signed by Ronald D. Allred, a managing partner of Benchmark - Avon Properties, a general partnership and sole general partner of Benchmark at Beaver Creek; WHEREAS, in accordance with C.R.S. 31-12-107(1)(g), the Town Council may by ordinance annex the above specified property without notice, hearing-or election inasmuch as the petition was signed by 100% of the property owners; and WHEREAS, the Town Council is of the opinion that the petition should be granted and that the subject property should be annexed to the Town of Avon; NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO, THAT: Section 1. Findings. The Town Clerk of the Town of Avon has referred to the Town Council a petition for annexation of a certain parcel of property (hereinafter referred to as the "subject property" and 0 is more specifically described in Exhibit "A" attached hereto) Ord. T9 i that is located in Section 35, T4S, R82W of the 6th P.M., Eagle County, and the Town Council specifically finds upon review of said petition: Page 2 (A) The petition is in substantial compliance with the requirements of C.R.S. 31-12-107(1), 1973, as amended. (B) The petition was signed by the owners of 100% of the area proposed to be annexed, exclusive of streets and alleys. (C) The subject property is eligible for annexation to the Town of Avon in that at least one-sixth of its boundaries are contiguous with the Town of Avon, there is community of interest between the Town of Avon and the subject property, the subject property will be urbanized in the near future, and it is capable of being integrated into the Town of Avon. (D) There are no limitations to the annexation of the subject property to the Town of Avon in that no land held in identical ownership has been divided without the written consent of the landowners thereof, no land held in identical ownership comprising 20 acres or more with an assessed valuation in excess of $200,000 for ad valorem tax purposes has been included without the written consent of the owner, no other annexation proceedings have been commenced by another municipality with relation to the subject property, and no area will be detached from a school district by this annexation. (E) No additional terms or conditions are to be imposed upon this annexation. (F) The subject property may be annexed by ordinance without notice, hearing or election in accordance with subsection (g) of 31-12-107. Section 2. Annexation. That property located in Section 35, T4S, R82W, of the 6th P.M., Eagle County, Colorado, more particularly described in Exhibit "A" attached hereto is annexed to the Town of Avon, Colorado. Ord. Page 3 Section 3. Effective Date. The annexation and this ordinance shall take effect in accordance with the is directed to file ordinance and a map description of such and one copy thereo Department of Local charter of the Town of Avon and the Town Clerk for recording two certified copies of this of the area annexed containing a legal area with the Eagle County Clerk and Recorder E with the Division of Local Government of the Affairs. INTRODUCED, PASSED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL, this 24' day of 'F,,Y , 1979, and a public hearing on this ordinance shall be-held at the regular meeting of the Town Council of the Town of Avon, Colorado, on the 44- day of 1979, at 7:30 P.M., in the Municipal Offices of the Town. ATTEST: Town Clerk Mayor INTRODUCED; PASSED, READ ON SECOND READING, APPROVED'AND ORDERED PUBLISHED-.--- rw BY TITLE ONLY THIS 13 DAY OF , 1979. ATTEST: May r- L~Q.t.s.G c~,~,~e.ae,o4✓ Town Clerk EXHIBIT "A" LEGAL DESCRIPTION A portion of land located in Section 35 T. 4 S., R. 82 W. of the 6th P. M. Eagle County, Colorado more particularly described as follows: Beginning at the South 4 corner of said Section 35; thence S. 89 54'56" E., 1332.33 feet along the North boundary line of the Town of Avon, Benchmark at Beaver Creek Subdivision Amendment No. 4 Eagle County, Colorado as recorded in Book 274 at Page 701 in the office of the Eagle County Clerk and Recorder; thence departing from said property line N 25000100" W., 2664.66 feet; thence N 89054156" W., 1332.33 feet; thence S 25000100" E., 2664.66 feet to the true point of beginning. Said portion containing 73.81 acres more or less. ~ t STATE OF COLORADO ) COUNTY OF EAGLE ) ss TOWN OF AVON ) NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN OF a public hearing before the Town Council of the Town of day of March, 1979, at the adoption of an ord of property located in by Benchmark at Beaver setting forth findings thereto. Avon, Colorado, at 7:30 P.M. of the 13th the Town Hall for the purpose of considering inance annexing to the Town of Avon a parcel Section 35, T 4 S, R 82 W of the 6th P.M., Creek, a Colorado Limited Partnership; and and conclusions and other details in relation A copy of said Ordinance is attached hereto and is also on file at the office of the Town Clerk and may be inspected during regular business hours. Following this hearing, the Council may consider final passage of this Ordinance. This meeting is open to the general public. This notice given and published by order of the Town Council of the Town of Avon. Dated this 28th day of February, 1979 TOT/17N OF AVON, COLORADO By order.of the Town Council By: 741- M for Posted at the following public places within the Town of Avon on March 6, 1979, at: The Northeast side of the Benchmark Shopping Center (Avon Post Office) The main entrance Eagle Valley Bowl The Pester Gas Station; and The Town Office, Second Floor, Benchmark Shopping Center PETITION FOR ANNEXATION OF UNINCORPORATED TERRITORY IN THE COUNTY OF EAGLE, STATE OF COLORADO, TO THE TOWN OF AVON, COLORADO (A portion of land located in Section 35, T4S, R82W, of the 6th Principal Meridian) TO THE TOWN COUNCIL OF THE TOWN OF AVON: The Undersigned, in accordance with the municipal Annexation Act of 1965, as amended, hereby petitions, as the sole landowner of the area, the Town Council of the Town of Avon to commence proceedings to annex to the Town of Avon certain unincorporated territory located in the County of Eagle, State of Colorado, legally described in Exhibit "A", attached to this petition, and by this reference incorporated herein. In support of said petition, the petitioners allege that: (1) Benchmark at Beaver Creek, a Limited Partnership, is the sole landowner of the area proposed to be annexed, excluding streets and alleys; (2) Ronald D. Allred is a managing partner of Benchmark- Avon Properties, a General Partnership and the sole general partner of Benchmark at Beaver Creek, a Limited Partnership; (3) It is desirable and necessary that the above described territory be annexed to the Town of Avon; (4) Not less than one-sixth of the perimeter of the area proposed to be annexed is contiguous with the Town of Avon; (5) A community of interest exists between the territory proposed to be annexed and the Town of Avon; (6) The territory proposed to be annexed is urban or will be urbanized in the near future; (7) The territory proposed to be annexed is integrated or is capable of being integrated with the Town of Avon; (8) No land held in identical ownership has been divided into separate parts or parcels without the written consent of the landowner; r • PETITION FOR ANNEXATION Page 2 (9) No land held in identical ownership comprising twenty acres or more, with a valuation for assessment in excess of $200,000 for ad valorem tax purposes, has been included with- out the written consent of the landowner; (10) No annexation resolution pursuant to C.R.S. 31-12- 106 and no annexation petition or petition for an annexation election pursuant to C.R.S. 31-12-107 have been commenced for the annexation of part or all of such territory to another existing municipality; (11) This proposed annexation will not result in the detachment of area from any school district; (12) The mailing addresses of the signers of this petition and the date of signing are affixed to the petition; (13) Attached to this petition is the affidavit that the signatures hereon are the signatures of the persons whose names they purport to be; (14) Accompanying, this petition are four prints of an annexation map also included in Exhibit "A", attached to this petition, and by this reference incorporated herein, containing the following information: (a) A written legal description of the boundaries of the area proposed to be annexed; (b) A map showing the boundary of the area proposed to be annexed; (c) Next to the boundary of the area proposed to be annexed is drawn the contiguous boundary of the Town of Avon; (d) The dimensions of the contiguous boundaries are shown on the map; (e) The map bears the certificate and seal of a registered engineer or land surveyor and shows the dimensions by scale of the boundaries and the bearings of the boundaries of said area. The petitioner hereby requests that the Town Council of the Town of Avon, Colorado, make a finding of compliance for PETITION FOR ANNEXATION Page 3 this petition and commence proceedings for annexation of said territory. z-j DATE : _ CJ's Mailing Address of Petitioner: STATE OF COLORADO ) ss. County of Eagle ) PETITIONER: BENCHMARK AT BEAVER CREEK, a Limited Partnership, by BENCHMARK-AVON PROPERTIES, a General Partnership,*the sole neral partner, of Ben h ark at Beaver Creek RONALD D. ALLRED a Managing Partner P.-'O.. Box S Avon, Colorado. 81620 The foregoing instrument was acknowledged before me this 0_day of ,1979, by Ronald D. Allred, a Managing Partner of Benc mark-Avon Properties, a General Partnership, the sole general partner of Benchmark at Beaver Creek, a Limited Partnership. Witness my hand and official seal. My commission expires: