TC Ord. No. 1982-03r
TOWN OF AVON
ORDINANCE NO. #_82- 3
Series of 1982
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 there-
from to the Town Council; and
WHEREAS, the owner of more than fifty percent of the real
property proposed for annexation, exclusive of the streets and
alleys, is Confluence at Beaver Creek, 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;
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.
Section2,.' 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 boundaries 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 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.
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(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 in hereby
annexed to the Town of Avon, Colorado.
Section 4: Effective Date.
The annexation and this ordinance shall take effect 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 containing 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, AND
ORDERED PUBLISHED ONCE IN FULL, this 2~25~ay o 1982,
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
day of 1982, at 3a p.m. in the Municipal Offices
of the Town.
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nmm~em.
INTRODUCED, PASSED, READ ON SECOND READING, APPROVED AND
ORDERED PUBLISHED BY TITLE ONLY THIS DAY OF 1982.
Mayor
ATTEST:
Deputy Town Clerk
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.kl 0 0
DESCRIPTION OF PROPERTY TO BE ANNEXED:
A tract of land situate in the County of Eagle. State of
:to-W1 t:
ILocated'in the South 1/2 of the Northwest 1/4, the South 146f'the
Northeast 1/4, the.North 1/2 of the Southwest 1/4 and 'the N firth 112 of
the Southeast 1/4 of Section 12, Township 5 South. Range!" 82' *it of the
(sixth principal meridian, being yore particularly described as,followe:
;Considering the east line of the KV 1/4 as bearing N 000 Q6' 14' E and G~.
aherein relative thereto: 1cing at the center corner of said Section 12; thence, ,N 17' 33' 10' E,
1637.67 feet to a point on the north right-of-gray line of the Danver, and ;
;Rio Grande Western Railroad, said point also being the southeast.corner
of Avon Mad Tract 'E' of Benchmark at Beavercreek Subdivision, Rirised
Final Plat, Eagle Ceenty, Colorado, as recorded with the Eagle'Coun4y
'Clerk and Recorder and being the True Point of Beginning.
Thence. S 65° 58' 08' E. 150.39 feet along the said railrekd right-of-way
line; thence. S 24° 01' 52" W. 100.00 feet to a point on the south
railroad right-of-way line; thence, N 65° 58' 08" W, 236.78 feet along the
south railroad right-of-way line to a point on the east right-of-way line
of Avon Road; thence. 155.59 feet along the arc of a non-tangent curve
to the right with a radius of 1201.84 feet, central angle of 01° 25' 03",
and whose-long chord bears S 06° 50' 23" W. 155.48 feet; thence,
S 10° 32' 54" W, 54.70 feet; thence, S 35° 39' 54" W, 35.30 feet; thence, ;
5 44° 25' 54" W, 140.80 feet; thence, S 03' 48' 54" E, 80.50 feet; thence.S 13° 03' 54" W, 95.60 feet to the center corner of Section 12; thence,
S 00° 10' 54" E. 44.50 feet to a point on the north right-of-way line of
Colorado State Highway 6 b 24; thence, along the said highway right-of-way
line 159.40 feet along the arc of a curve to the left with a radius of
3.870.00 feet, central angle of 02° 21' 36", and whose long chord bears
N 75° 45' 54" W, 159.39 feet; thence, leaving the said highway right-of-way
line and continuing along the west right-of-way line of Avon Road
N 10° 32' 54".E. 130.10 feet; thence, N 18° 20' 53" E, 124.61 feet; thence,
leaving the said right-of-way line of Avon Road and continuing along the
following courses and distances of the approximate centerline of the
Eagle River:
S 85° 58' 54" W, 225.41 feet,
S 85° 23' 48" W, 162.21 feet,
N 82° 03' 45" W, 214.88 feet,
N 54° 19' 56" W. 187.29 feet,
N 50° 47' 24" W, 154.96 feet,
N 44• 17' 20" W, 152.41 feet,
N 48° 24' 11" W. 293.81 feet,
N 50. 27' 44" W, 455.67 feet,
N 57° 59' 37" W, 341.00 feet,
N 48° 46' 06" W, 132.70 feet,
to a point on the south boundary of Tract "H" of said Benchmark at
Beavercreek Subdivision, Revised Final Plat, Eagle County, Colorado,
said line being the north line of the S 1/2 of the tai 1/4 of said
Section 12; thence, along said line N 89° 50' 48" E, 701.30 feet to a
point on the north right-of-way line of said Denver and Rio Grande
Western Railroad; thence, along said railroad right-of-way S 00° 05' 10" W,
26.86 feet; thence. S 65° 58' 08" E, 1668.68 feet to the True Point of
Beginning.
The above tract contains 25.408 acres and is subject to all easements or
rights-of-~tsay of record.
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STATE OF COLORADO )
COUNTY'OF EAGLE ) SS
TOWN OF AVON )
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 9TH DAY OF MARCH,
1982 AT THE.-MUNICIPAL BUILDING, 400 BRNCHMARK ROAD, AVON, COLORADO,
81620 FOR THE PURPOSE OF CONSIDERING THE ADOPTION OF ORDINANCE NO.
#82-3, SERIES OF'1982
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 VbRTH'FINDINGS AND CONSL_USIONS AND
OTHER DETAILS THERETO.
A copy of said Ordinance is on file at the office of the Town Clerk
and may be inspected during regular business hours.
This notice given and posted by order of the Town Council of the Town
of Avon, Colorado.
Dated this'27TH day of January, 1982..
TOWN OF AVON
atricia J: Doy e',
Town Clerk
POSTED:'AT THE FOLLOWING,PUBLIC PLACES WITHIN THE TOWN OF AVON ON JANUARY
27, 1982:
THE NORTHEAST SIDE OF THE BENCHMARK SHOPPING CENTER, AVON POST OFFICE,
THE.MAIN ENTRANCE OF CITY MARKET,
THE' PES'T'ER GAS STATION; AND
THE MUNICIPAL BUILDING, 400 BENCHMARK ROAD IN THE MAIN LOBBY