TC Ord. No. 1979-070 -0
ORDINANCE NO. 79-7
Series of 1979
AN ORDINANCE ANNEXING TO THE TOWN OF AVON A
PARCEL OF PROPERTY BEING SECTION 36, T4S, R82W
AND A PORTION OF 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 being Section 36, T4S, R82W, and a
portion of Section 35 T4S, R 82W 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 A. J. Wells,
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
is more specifically described in Exhibit "A" attached hereto)
Ord. 0 •
Page 2
being Section 36, T4S, R82W and a portion of Section 35 T 4Sr R82W
of the 6th P.M., Eagle County, and the Town Council specifically
finds upon review of said petition:
(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 being Section 36, T4S,R82W, and a"portion of
Section 35, T4S, R82W, of the 6th P.M., Eagle County, Colorado,
more particul,4~xly described in Exhibit W attached hereto is
annexed to the Town of Avon, Colorado.
Ord. ` 0 Page 3
Section 3. Effective Date.
The annexation and this ordinance shall take effect in
accordance with i-he charter of the Town of Avon and the Town Clerk
is directed to file for recording two certified copies of this
ordinance and a map of the area annexed containing a legal
description of such area with the Eagle County Clerk and Recorder
and one copy thereof with the Division of Local Government of the
Department of Local Affairs.
INTRODUCED, PASSED; READ ON FIRST READING, APPROVED, AND ORDERED
PUBLISHED ONCE IN FULL, this o27 O L. day of 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
/O'tA.- day of 1979, at 7:30 P.M., in the Municipal Offices
of the Town.
ATTEST:
Town Clerk
INTRQDUCIDdJ PAS ED;' READ ON -SECOND READING, MWED AND gI DF3 ED_ F URL IS RED
BY TITLE ONLY THIS LA DAY OF , 1979.
"~tl- - . *
May
ATTEST:
Town Clerk
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EXHIBIT "A"
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A parcel of land being Section 36, Township 4 South, Range 82 West,
and a portion of Section 35, Township 4 South, Range 82 West of the
6th P.M., Eagle County, Colorado, more particularly described as
follows:
Beginning at the SW Corner of said Section 35; thence along
the West line of said Section 35, N 00° 34' 44" W, 5516.50
feet to the NW Corner of said Section 35; thence along the
North line of said Section 35, S 89° 58' 46" E, 5383.38 feet
to the NE Corner of said Section 35; thence along the North
line of said Section 36, N 89° 38106" E. 5367.80 feet to the
NE Corner of said Section 36; thence along the East line of
said Section 36, S 00 00' 07" E, 5568.89 feet to the SE
Corner of said Section 36; thence along the South line of
said Section 36, N 890 49' 49" W 2685.09 feet to She South
h Corner of said Section 36; thence continuing 89 50' 36" W,
2687.81 feet to the SW Corner of said Section 36; thence along
the South line of said Section 35, N 89 54' 56" W, 1333.98
feet to a point on the Boundary of the Town of Avon; thence
departing from said South Section line and continuing along
said Avon Boundary N 25 00' 00" W, 2664.66 feet; thence N 89°
54' 56" W, 1332.33 feet; thence S 25° 00' 00" E, 2664.66 feet
to the South ~4, Corner of said Section 35; thence departing
from said Avon Boundary and continuing along the South line
of said Section 35, N 89° 58' 29" W, 2656.33 feet to the point
of beginning; said Parcel of Land containing 1287.66 acres
more or less.
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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 Avon, Colorado, at 7:30 P.M. on the
10th day of April, 1979 at the Town Hall for the purpose of
considering the adoption of an ORDINANCE ANNEXING TO THE TOWN OF
AVON A PARCEL OF PROPERTY BEING SECTION 36, T 4 S, R 82 W AND A
PORTION OF SECTION 35, T 4 S, R 82 W 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.
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 March, 1979.
TOWN OF AVON, COLORADO
By order of the Town Council
BY` o!~>
Town Clerk
posted at the following public places within the Town of Avon on
14arch 28, 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
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PETITION FOR ANNEXATIO14
OF UNINCORPORATED TERRITORY IN THE COUNTY OF
EAGLE, STATE OF COLORADO,
TO THE TOWN OF AVON, COLORADO
(A parcel of land being Section 36, T4S,
R82W, and a portion of 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) A. J. 67elis is F_ managing partner of Benchmark -
Avon Properties, a General Partnership and 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;
PETITION FOR WEXATION if
Page 2
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(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.
PETITIONER:
BENCHMARK AT BEAVER CREEK,
a Limited Partnership, by
BENCHMARK-AVON PROPERTIES,
a General Partnership, the
sole general partner of
Benchmark at Beaver Creek
DATE :
A. J.f WJel s', a Managing
Partner
Mailing address of'Petitioner: P. O. Box S
Avon, Colorado 81620
STATE OF COLORADO )
ss.
COUNTY OF EAGLE }
The foregoing instrument was acknowledged before me this
day of 1979, by'A. J. Wells, a Managing
Partner of Benchmark-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:
Notary Public