TC Ord. No. 1981-38Recorded at 11:30 A.M. February 11;.1982 Fee $15.00pd
23276 Recorder ~ohnnette Phillips . Eagle Count
Book-336 ~Rvs OrdNl
Page 408 12/07/81(l)
TOWN OF AVON
ORDINANCE NO. &I- 3 f(
Series of
AN ORDINANCE ANNEXING TO THE TOWN OF AVON TWO CONTIGUOUS
PARCELS OF LAND LOCATED IN SECTION 12, T. 5 SOUTH, RANGE 82 W.
OF THE 6TH P.M., EAGLE COUNTY, COLORADO; AND SETTING FORTH
FINDINGS AND CONCLUSIONS AND OTHER DETAILS THERETO.
WHEREAS, a petition for annexation to the Town of
Avon of a certain parcel of real property, being two
contiguous parcels of land, located in Section 12, T. 5 South,
Range 82 W. of the 6th P.M., Eagle County, Colorado, more
particularly described on Exhibit "A", attached hereto and
made a part hereof, has been submitted to the Town Clerk of
the Town of Avon and referred therefrom to the Town Council;
and
WHEREAS, the owner of more than fifty percent of the
red property proposed for annexation, exclusive of the
streets and alleys, is Nottingham Associates, a Colorado
general partnership; and
WHEREAS, in accordance with Sections 31-12-107(1)(g)
and 31-12-108, C.R.S. 1973, as amended, the Town Council may
by ordinance annex the above specified property without
election, inasmuch as the petition was signed by more than
fifty percent of the owners of the area proposed to be
annexed;
WHEREAS, the Town Council is of the opinion that the
petition should be granted and that the subject real property
should be annexed to the Town of Avon; and
WHEREAS, the Town Council has this day by resolution
set a public hearing to consider the petition and to determine
whether the proposed annexation complies with Sections
31-12-104 and 31-12-105, C.R.S. 1973, as amended, and has
ordered notice of such hearing to be given by publication, all
as provided in Section 31-12-108, C.R.S. 1973, as amended;
A
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 real property (hereinafter referred to as the "subject
property" and as more specifically described in Exhibit "A"
attached hereto and incorporated herein by this reference)
being two parcels of land located in Section 12, T. 5 South,
Range 82 W. of the 6th P.M., Eagle County, Colorado, and the
Town Council specifically finds upon review of said petition:
(A) The petition is in substantial compliance with
the requirements of Section 31-12-107(1)(g), C.R.S. 1973, as
amended.
(B) The petition was signed by the owners of more
than fifty,percent of the area proposed to be annexed,
exclusive of streets and alleys.
Section 2. Tentative Findings.
The Town Council tentatively finds, upon review of
the above-referenced petition (but subject to confirmation at
the public hearing on the petition):
(A) The subject property is eligible for annexation
to the Town of Avon in that at least one-sixth of its bounda-
ries are contiguous with the Town of Avon, and there is a
community of interest between the Town of Avon and the subject,
property, and the subject property will be urbanized in the
near future, and it is capable of being integrated into the
Town of Avon.
(B) 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, and no land held in
identical ownership comprising twenty 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
-2-
owner, and 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.
(C) No election is required under Section
31-12-107(2), C.R.S. 1973, as amended.
(D) No additional terms or conditions are to be
imposed upon this annexation.
Section 3. Annexation.
Subject to confirmation of the tentative findings
made in Section 2 hereof at the hearing referenced above, the _
real property described as two parcels of land located in
Section 12, T. 5 South, Range 82 W. of the 6th P.M., Eagle
County, Colorado, and more particularly described in Exhibit
"A" attached hereto is hereby annexed to the Town of Avon,
Colorado.
Section 4. Effective Date.
The annexation and this ordinance shall take effect
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in accordance with the Charter of the Town of Avon and the
Town Clerk is directed to file for recording two certified
copies of this ordinance and map of the area annexed contain-
ing a legal description of such area with the County Clerk and
Recorder of the County of Eagle, Colorado.
INTRODUCED, PASSED, READ ON FIRST READING, APPROVED,
ND ORDERED PUBLISHED ONCE IN FULL, this D day of
11-cam,- 1981, and a public hearing on this ordinance shall
Town
be held at the regular meetinng,~(~'~Qdofay the of wn Council 19of82, the at
fR ~
Colorado, on the
7:3in the Municipal Offices of t e Town
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•
INTRODUCED, PASSED, READ ON SECOND READING, APPROVED
AND ORDERED PUBLISHED BY TITLE ONLY THIS 1,,q 'DAY OF
1982.
ti 4ii1{ft fief „
.t AA fir.
L F A AL
CO,TT.E~
C C!~;'\ `
Deputy Town Clerk
\ Y
` May r
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DESCRIPTION:
A part of the South one-half of the North one-'calf of Section 12,
Township 5'South, Range 82 West of the Sixth Princinal Meridian, Eagle
County, Colorado, more particularly described as follows:
Beginning at the Southeast corner of Lot 22, Block 2, Benchmark
at Beaver Creek; thence S 24°nl"52" I•' a distance of lgrl.'') feet to a
point on the South right-of-way line of the Denver and Tzio nrande Western
Railroad; thence along said right-of-way S 65°58'n8" E 677.83 feet to
the Northwest corner of a parcel described in Book 319, Paae 095 of
the Eagle County Records; thence S 24°37'52" Ia 372.90 feet along the
West line of said parcel to a point on the North hank~of the Eagle giver;
thence along said North bank of the Eagle River the following 15 courses:
1) N 37°21'17"
2) N 37021'17"
3) N 41°36'48"
4) N 62°09'57"
5) N 49°59'4A"
6) N 70°35`42"
7) S 77°38'56"
8) N 6900n'28"
9) N 83°55'31"
10) N 59°52- 17"
11) N 68°37'25"
12) S 65°00'56"
13) N 45°36'14"
14) N 37°41'09"
15) N 53°35'35"
of a parcel of land
Countv Records;
1*7 *30.9 feet;
W 65.r,6 feet;
IJ 76.13 feet;
W 62.63 feet;
W 103.87 feet;
1 101.28 feet;
W 59.32 feet;
W' 17A.60 feet;
i•? 252.71 feet;
I•' 2,'1.80 feet;
17 128.18 feet;
1' 63.2r) feet;
U 233.61 feet;
I7 ld7.06 feet;
W 72.56 feet to a point on
described in Book'213, Page
the East line
247 of the Eagle,
thence N 2A°01'52" E 237.08 feet along the West line of said parcel;-
thence continuing N 24'01'52" E 100.00 feet to a point on the North
right-of-wav line of the Denver and Rio r,rande Western Railroad; thence
along said right-of-way line S 65°58'08" E in21.77 feet to,the Point
of Beginning, containing 15,2n8 scuare feet or 662.4:37 acres more or less.
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STATE OF COLORADO )
COUNTY OF EAGLE ) SS :
TOWN OF AVON. )
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 12TH DAY OF JANUARY,
1982 AT THE MUNICIPAL BUILDING, 400 BENCHMARK ROAD, AVON, COLORADO FOR
THE PURPOSE OF CONSIDERING THE ADOPTION OF ORDINANCE NO.#81=38, SERIES
OF 1981:
AN ORDINANCE ANNEXING TO THE TOWN OF AVON TWO CONTIGUOUS PARCELS OF
LAND LOCATED IN SECTION 12,T.5 SOUTH, RANGE 82W.-,OF THE 6TH P.M., EAGLE
COUNTY, COLORADO;. AND SETTING FORTH FINDINGS AND CONCLUSIONS AND OTHER
DETAILS THERETO.
4-
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 the
Ordinance.
This notice given and passed by order of the Town Council of the Town
of Avon, Colorado.
Dated this 9th day of December, 1981.
POSTED AT THE FOLLOWING PUBLIC PLACES WITHIN THE-TOWN OF AVON ON
DECEMBER 10, 1981:
THE NORTHEAST SIDE OF THE BENCHMARK SHOPPING CENTER, AVON-POST OFFICE,
THE MAIN ENTRANCE OF CITY MARKET,
THE.PESTER GAS STATION; AND
THE MUNICIPAL BUILDING IN THE MAIN LOBBY
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A NIVEXATION
A PORTION OF THE S 1/2 OF THE N 1/2 OF SECTION
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TOWN OF AVON, COL01
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✓.n9s EAGLE COUNTY, COLORADO TO THE e.. ^ TOWN OF ANON, COLORADO