TC Ord. No. 1982-15C.
TOWN OF AVON
ORDINANCE NO. X682-15
Series of 1982
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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 real
property proposed for annexation, exclusive of the streets and alleys,
is Nottingham Ranch Co., a Colorado limited 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; and
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 TG,%m 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
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TOWN OF AVON, COLORADO, THAT:
Section%J. 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 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 comprisingFtwenty 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.
(C) No election is required under Section 31-12-107(2),
C.R.S. 1973, as amended.
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(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 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 25th day of May , 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 13th day
of ._;.'s July , 1982, at 7:30'p.m. in the Municipal Offices of the Town.
Mayor
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INTRODUCED, PASSED, READ ON SECOND READING, APPROVED
AND ORDERED PUBLISHED BY TITLE ONLY THIS DAY OF , 1982.
Mayor
ATTEST:
Town Clerk
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EXH IBITT "A"
(Page 1 of 2)
LEGAL DESCRIPTION-- PARCEL A:
A part of Section 12, Township 5 South, Range 82 West of
the Sixth Principal Meridian, Eagle County, Colorado, more
particularly described as follows, with all bearings being
relative to the Final Subdivision Plat of Benchmark at Beaver
Creek, Amendment No. 4:
Beginning at the Southwest corner of Tract F. Block 2,
Benchmark at Beaver-Creek, said point also being on the North
right-of-way line of the Denver and Rio Grande Western Railroad;
thence along said right-of-way line S 65°58!08" E 532.73 feet;
thence S 24°01'52" W 100.00 feet to a point on the South right-
of-way line of said railroad, said point being the Northeast
corner of a parcel•of.land described in Book 213, Page 247 of
the Eagle County Records; thence N 65°58'08" W 235.91 feet
along-said South right-of-way line and the North line of said
parcel to a point on the East right-of-way line of Avon Road;
thence continuingN 65°58'08" W and along said railroad right-of-
way line-,a, -distance-of -.10.7.79-,feet to. -a..-point . on the-West
right-of-way line of Avon Road; thence continuing along said
railroad right-of-way line N 65°581-08" W, 189.03 feet; thence
N 24°01'52" E 100.00 feet to the Point of Beginning, containing.
53,273 square feet or 1.223 acres more or less.
EXHIBIT "A"
(Page 2 of 2)
LEGAL DESCRIPTION - PARCEL B:
A part of Section 12, Township 5 South, Range 82 West of
the Sixth Principal meridian, Eagle County, Colorado, more
particularly described as follows, with all bearings being
relative to the Final Subdivision Plat of Benchmark at Beaver
Creek, Amendment No. 4:-
Beginning at a point on the South right-of-way line of
the Denver and Rio Grande Western Railroad, from whence the
Southwest corner of Tract F, Block 2, Benchmark at Beaver Creek
bears N_38005122' W 213.85 feet, said point also being on the
West right-of-way line of Avon Road; thence S 65°58.08' E .
along said railroad right-o'.O=way line 107.79 feet to a point
on the East right-of-way line of Avon Road, said point.being
the Northwest corner of a parcel of land described in.Book.213,
r Page 247 of the Eagle County Records; thence continuing-along
* said railroad right-of-way line and the North line of said.
Parcel S 65°58'08".E 235.91 feet to the Northeast corner of
said parcel; thence S 24001952' W-alongthe East line of said
.parcel a`distance of 279.53 feet to a point on the-approximate
centerline of the-Eagle River; thence _N - 82 °56' 42' W 159.31 feet
along said centerline and the South line of said parcel-to a
point on the East right-of-way line of Avon Road; thence along.
said right-of-way line the following four courses:
1) S 04°26'30' W 45.74 feet;
2) 5.03°49130" E 80.5 feet;
3) S.13004930= W 95.60 feet to the center 1ofsaid
-Section 12, being a-brass cap monument found in.place;
4) S 00°25'26" W 44.50 feet,to a point on the
North right-of-way line of O.S. Highway 6 and 24;
thence 158.97_feet along the arc of a 3879.00 foot radius curve
to the left with a central angle of 02'20.53', a tangent of
79.50 -feet .and .a long chord bearing`:N .75°45'48' M 158:96 feet
to a point on-the East line of a parce3L of land.described.in
Book .226 , page 769 , of - the Eagle County Records; thence -along
said East•line the-following three courses:
1) N 11010910" E'130.10 feet=
2) 'N 43049930" E 92.60 feet;
3) N 11010010" E 54.14 feet to a point .on:the.approxi-
mate centerline of the Eagle River;.
thence along said centerline S 86°361050 W 36.99 feet to.a.
-on:the West right-of-way line of Avon Road; thence along said ,Point
.,right-of-way line the following four courses:
g+ l) .-N 09°25'30' L 94.37 feet= 42'34'00' E 37.70 *feet; ` : 3) N 10'33930"." E 154.70 feet to_ a point' of . curvarture~
4?.s181._29 feet along-the arc-of a 1095:90 foot radius
curve to the left with a central-angle of 09.28142•; a
tangent of-90.85 feet and a long chord which.bears
N 05°49'09' E a distance of 181.09 'feet, - w
to the Point of Beginning,'containing 1270971'square feet-or
2.938 acres more or less.
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STATE OF COLORADO )
COUNTY OF EAGLE. ) SS
TOWN OF AVON )
A 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 13TH DAY OF JULY,
1982 AT THE MUNICIPAL BUILDING, 400 BENCHMARK ROAD, AVON, COLORADO FOR
THE PURPOSE OF CONSIDERING THE ADOPTION OF ORDINANCE NO.#82-15,' 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.
A copy of said ordinance is attached hereto and.is also on file at
the office of the town clerk and may be inspected furing 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 27th' clay of May, 1982.
POSTED AT THE FOLLOWING. PUBLIC-PLACES'WITHIN THE TOWN OF AVON-ON
MAY 27,'1982:
THE AVON POST OFFICE IN THE MAIN LOBBY,
THE MAIN ENTRANCE'OF CITY-MARKET,
THE PESTER GAS STATION; AND
THE.MUNICIPAL BUILDING IN THE MAIN LOBBY
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