TC Ord. No. 1983-40Y
TOWN OF AVON
ORDINANCE NO. 83-40
Series of 1983
AN ORDINANCE. ANNFDIING TO THE TOWN' OF; AVON A PARCEL, 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 a parcel 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 Tenn Clerk of the Town of Avon and referred therefrom to the
Town Council; and
WHEREAS, the owner of one-hundred percent of the real property
proposed for annexation, exclusive of the streets and alleys, is Grace Jenkins
White; 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-
the ownerof one-hundred percent 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.
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 a
parcel 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), C.R.S. 1973, as amended.
(B) The petition was signed by the owner of one hundred percent of
the area proposed to be annexed, exclusive of streets and alleys.
Section 2. Findings.
The'Town Council finds, upon review of the above- referenced
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.
(C) No notice, hearing or election is required under Sections .
31-12-108 through 31-12-110, C.R.S. 1973, as amended.
(D) Pursuant to the agreement between Grace C. White and the Town
of Avon, the subject property is to be rezoned to FEW concurrently. with this
annexation.
Section 3. Annexation.
Subject to the concurrent rezoning of the subject property to RIIDC,
the real property described as a parcel of land located in Section 12, T. 5
South, Range 82 W. of the 6th P.M., Eagle County, Colorado, and more particu-
larly 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.
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IlVTRODUCED, PASSED, READ ON FIRST READING, APPROVED, AMID ORDERED
PUBLISHED ONCE IN FULL, this day of , 1983, 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
1983, at 7:30 p.m. in the Municipal Offices of the Town.
Mayor
ATTEST:
Town Clerk
INTRODUCED, PASSED, READ ON SECOND READING, APPROVED AND ORDERED
PUBLISHED BY TITLE ONLY THIS DAY OF , 1983.
Mayor
Town Clerk
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TOWN OF AVOID
RESOD mai NO. 83-54
A RESORPTION APPROVING A PFTITION FOR ANNEXATION TO .TOWN OF AVON OF A
PARCIL 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
DLTAII.S THERETO.
WHEREAS, a petition for annexation to the Town of Avon of a certain
parcel of real property, being a parcel 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 one hundred percent of the real property
proposed for annexation, exclusive of the streets and alleys, is Grace Jenkins.
White; and
W1UU;EAS, in accordance with Section 31-12-107(1)(g), C.R.S. 1973, as
amended, the Town Council may by ordinance annex the above specified property
without notice, hearing or election, as provided in Sections 31-12-108 through
31-12-110, C.R.S. 1973, as amended; and
W EPEA.S, 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.
NOW, THEREFORE, BE IT. RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF
AVON, OOIORADO, 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 a
parcel 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), C.R.S. 1973, as amended.
(B) The petition was signed by the owner of one hundred percent of
the area proposed to be annexed, exclusive of streets and alleys.
s
(C) The petition is conditional on the rezoning of the area
proposed to be annexed to RHDC, concurrently with the annexation into the Town
of Avon, to which condition the Town of Avon consents and agrees to.
Section 2. Publication.
This Resolution shall be published once a week for four successive
weeks in the Vail Trail, or another newspaper of general circulation in Eagle
County, conanencing no later than 1983.
Section 4. Effective Date.
This Resolution shall be effective immediately.
PASSED AMID ADOPTER THIS day of , 1983, in Avon, Eagle
County, Colorado.
Mayor
ATTEST:
Town Clerk
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BEFORE THE TOWN OF AVON
STATE OF COLORADO
LN THE MATTER OF THE PROPOSIID )
ANNEXATION OF MMICORPORATED )
7MMUTIORY M THE COUNTY OF ) PETITICtI
EAaE, STATE OF COLORADO, TO
THE TM-N OF AVON, COLORADO )
(A Fexcel of land located in Section 12,
T. 5 South, Range 82 W. of the 6th P.M.,
Eagle County, Colorado.)
TO THE HONORABLE TOW COUNCIL OF THE MIN OF AVON:
The undersigned, as the owner of 100% of the land in the area to be
annexed, exclusive of streets and alleys, in accordance with the Colorado
Municipal Annexation Act of 1965, as amended, hereby petitions the Town
Council of the Town of Avon, Colorado, 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
petitioner alleges that:
(1) The undersigned is the owner of 100% of the land in the area -
proposed to be annexed, excluding streets and alleys, owning the property
identified in the annexation map attached hereto as Exhibit "B" and by this
reference incorporated herein;
(2) It is desirable and necessary that the above described
territory be annexed to the Town of Avon;
(3) Not less than one-sixth of the perimeter of the area proposed
to be annexed is contiguous with the Town of Avon;
(4) A ccmmmity of interest exists between the-territory proposed
to be annexed and the Town of Avon;
(5) The territory to be annexed is urban or will be urbanized in
the near future;
(6) The territory proposed to be annexed is integrated with or is
capable of being integrated with the Town of Avon;
(7) No land held in identical ownership has been divided into
separate parts or parcels without the written consent of the landowners;
(8) No land held in identical ownership cmprising twenty acres or
rare, with a valuation for assessment in excess of $200,000 for ad valorem tax ,
purposes, has been included without written consent of the landowners;
(9) No annexation resolution pursuant to Section 31-12-105, C.R.S.
1973, as amended, and no annexation petition or petition for an annexation
election pursuant to Section 31-12-107, C.R.S. 1973, as amended, has been
ccmmenced for the annexation of part or all of such territory to another
existing municipality;
(10) This proposed annexation will not result in the detachment of
area from any school district;
(11) The mailing address of the signer of this petition and the date
of signing are affixed to the petition;
(12) .Attached to this petition is the affidavit that the signature
hereon is the signature of the person whose name she purports to be;
(13) Accompanying this petition are four prints of an annexation map
identified as Exhibit "B", 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) A showing of the location of each ownership tract of land
in the annexation area;
(d) Next to the boundary of the area proposed to be annexed is
drawn the contiguous boundary of the Town of Avon;
(e) The dimensions of the contiguous boundaries are shown on
the map;
(f) 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.
This Petition is made concurrently with a request for the rezoning
of the territory proposed to be annexed and is specifically conditioned on
said territory being zoned ;RMC and the zoning map of the Town of Avon being
appropriately amended to reflect such zoning effective concurrently with the
annexation of said territory into the Town of Avon.
The Petitioner respectfully requests hereby that the Town Council of
the Town of Avon, Colorado, make a finding of substantial compliance for this
petition and cmr ence proceedings for and approve the annexation of the
subject territory.
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Mlill,ING ADDRESS OF PETITIONER:
Grace Jenkins `4hite
P.O. Box 169
Awn, Colorado 81620
STATE OF COLORADO)
) ss.
CMTrY OF EAGIZ )
Petitioner:
IALIf ---e
Grace Jq&ins White
Edward F. - gees
by Grace'White, Attorn -in-Fact
.;The foregoing instrument was acknowledged before me thisz,)6' day of
_ , 1983, by Grace Jenkins White..
Witness my hand and seal.
My cmmiission expires:
/iI(1'71.-'t'!
/ Notary Public
i
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Z~qvler4
LEGAL DESCRIPTION
A parcel of land located in the Northwest One-Quarter of
the Southeast One-Quarter (N1134, SEW of Section 12, Township 5
South, Range 82 West of the Sixth Principal Meridian accordinq
to the Deoendent Resurvey and Survey of said Township and Range
as approved on September 7, 1977; said parcel of land being
more particularly described with all bearings herein being re-
lative to the platted bearing of the West Line of said NW;,
SEk, to wit:
Beginning at a point on the :forth Line of U. S. Highway No. 6-
from which the Northwest Corner of said NWQ,SE; bears N.65°26'21"W.
365.72 feet distant; thence along said North Line 173.73 feet
along the arc of a curve to the right having a radius of 3870.00
feet, the chord of which bears N.70°46'29"W. 173.72 feet to a
point on the approximate centerline of Beaver Creek; thence
along said approximate centerline the following three courses
and distances:
1)
1I.690251
45"
E.
39.80
feet
2)
N.37°26'
46"
E.
36.24
feet
3)
N.14°16'
06"
E.
53.67
feet
to a point on the North Line of said NA,SE; of Section 12;
thence along said North Line S.89059'26"E. 56.79 feet to a
point on the approximate centerline of the Eagle River; thence
along,said approximate centerline the following three courses
and distances:
1)
S.37028'
30"
E.
0.42
feet
2)
S.56012'
35"
E.
358.57
feet
3)
S.76°00'
00"
E.
737.55
feet
to a point on the East Line of said NWQ,SEn of Section 12, the
Witness Corner of which bears 5.00°15'03"E. 132.02 feet distant;
thence along said East Line S.00015'03"E. 247.02 feet to-a
point on the Northerly .Right-of-Way Boundary of U. S. Highway
No. 6; thence alone said Boundary N.63°11'04"W. 690.15 feet;
thence 325.60 feet along the arc of a curve to the left having
a radius-of 3880.00 feet, the chord of which bears N.65°35'19"W.
325.50 feet; thence N.74°23'04"W. 101.67 feet to the point of
beginning.
Said parcel of land contains 3.5735 acres, more or less.
77
Date
JK/80%097
David L.'Kunkel R.L
Honorable Mayor and Town Council
Town of Avon, CO
Gentlemen:
I, Grace Jenkins White, owner of the property located east of Avon Road
and U.S. Highway 6 intersection and north of U.S. Highway 6 and legally
described in the attached Legal Description respectfully request the rezoning
of my property in the County to RHDC; said property to be used for office and
residential dwellings.
I believe this zoning change should be made for reasons described in the
attached Description of Application.
Respectfully suhanitted,
~!T • o ~ • i ~ ~ --mot
Grace Jenkins White, Owner
j
P.O. Box 169, Avon, CO 81620
(Petitioner's address)
(303) 949-5563
(Phone number)
Agent for Applicant:
16 -0
Knight Planning Service
Terrill Knight
P.O. Box 947
Eagle, CO 81631
(303) 328-6371
Edward F./ Rodgers,
by Grace White, Attorney-in-Fact
0
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DESCRIPTION OF APPLICATION
This application involves property which is in the process of annexation
into the Town of Avon; therefore this is to become the initial town zoning on
the property.
The vicinity of this property is characterized by considerable new
development. Both high density development projects, either currently under
construction or completed, and high density zoning are prevalent along the
U.S. Highway 6 corridor. Original density allocations in the Eagle/Vail
P.U.D. are concentrated in the vicinity of the subject property as well as
recently approved zoning in the County and Town of Avon on the east, south and
north. Coamiercial uses occur to the west. The Avon Road/Highway 6 intersec-
tion is the focus of intensive use development.
The property is well suited for Highway business and office uses with
scone areas desirable for residential use due to the Eagle River frontage. As
described on the attached maps the land lies in a strip along the Eagle River
on the north and Highway 6 on the south. The relatively narrow configuration
of the parcel confines development to a degree such that no major large scale
uses are anticipated. A mix of office use mixed with some residential dwell-
ings is suggested.
The primary aesthetic asset is, of course, the Eagle River with the
traffic associated problems of the highway being both a negative aspect and
the key access point. As the property is well below the highway and well
vegetated very little visual impact will be experienced by surrounding
properties.
Of the total acreage of 3.5735 acres the useable portion is only 1.6603
acres which becomes the de facto density and use control mechanism. Coupled
with this relatively small amount of land the proposed mixed use is quite
ccn patible with the adjacent neighborhood and the larger vicinity.
Water, sewer and electric power are prevalent in the area. Extensions
will be necessary to directly serve the property but adequate capacity exists
in the immediate area.
a_,A~j
AAIAIEXATION MAP OF THE
WHITE ANNEXATION
TO THE TOWN OF AVON LEGAL DESCRIPTION
LOCATED /A/ THE NW 114 OF THE SE 114, A parcel of land located in the Northwest One-Quarter of
SECT10A1 12, TOWNSHIP 5 SOUTH, RANGE the Southeast One-Quarter (9A4$,SEk) of Section 12, Township 5
South, Range 82 West of the Sixth Principal Meridian according
82 WEST OF THE 6rH P.M., EAGLE COUNTY, to the Dependent Resurvey and Survey of said Township and Range
as approved on September 7, 1977: said parcel of land being
COLORADO more particularly desctibed with all bearings herein being re-
lative to the platted bearinq of the West Line of said NWh,
SEE, to wit:
Beqinning at a point on the north Line of U. S. Highway No. 6
from which the Northwest Corner of said NWh,SEh bears N.65°26'21"W.
365.72 feet distant; thence along said North Line 173.73 feet
along the arc of a curve to the left having a radius of 3870.00
feet., the chord of which bears N.70°46'29"W. 173.72 feet to a
point on the approximate centerline of Beaver Creek; thence
along said approximate centerline the following three courses and distances:
1) 11.69025145"E. 39.80 feet
T4 Ts ~ fi+'1" 2) N.370261460E. 36.24 feet
CENTER COR. 3) N.14616106"E. 53.67 feet
SEC. 7 (UNMARKED) to a point on the North Line of said NWh,SE11 of. Section 12;
BRASS CAP FOUND \ VIQA thence along said North Line 5.89159'26"E. 86.79 feet to a
point on the approximate centerline of the Eagle River; thence
T4 S.B9°5926E. /340.lS' \ 'yQ~ along said approximate centerline the following three courses
241.12 REBAR it PLASTIC CAP and distances:
ti6 Ss L-S. 9337, FOUND
\ T 1) 5.37028'30"E. ().42 feet
TI 62'`w ~ti 'z \ \ R 2) 5.56012135"E. 359.57 feet
3) 5.76000'00"E. 737.55 feet
366 ~ V \ \
i -
/ e. L30, P. 254 \ / . 0. B. V -
v' \ HIGHWAY T6 SB p 0
P ROW MONUMENTS 4AGC FOUND TOWN OF AVON - 1 i
m w
N BOUNDARY (38.5.1. CONTIGUOUS) M m iii
BEAVER c C$ S 2 -00,00
CREEK S 6 i.
. ~ ER
I
y e
V JJ~ '3off
,V • 6 3.5735 AC. ~a
GRACE WHITE PARCEL OR N N
PROPOSED ANNEXATION
W.C. REBAR f ALUM. CAP- - : -.,-..._.w
L.S. 4551, SET
6 h,
~J' O O
oh
m~ T_
Rl-BAR / ALUM. CAP Li
NW 114, SE 1142 L 5 4551, SET
SECTION /2 1
/00,
JX1831097 W
O
O
0 50 !00 200 800 SURVEYOR'S NOTES:
p DRAWN BY 5. 5C077" 09/1Z/83 W [ f
O 1) The bearings, shown hereon, are based on a bearing of
vi N.00°14'00"W. for the West Line of the NW1/4,SE1/4 of O .1 !
Section 12. h
2) //i/i,11111 indicates the boundary of the proposed 1-
annexation that is contiguous to the 0 Y~
Town of Avon boundary O ul
SW COR., NW I/4, SE 114, 3) Survey Date: September 1980
SEC. 12, BRASS CAP FOUND
- t i-
i_-.-__J- `
r t /J
i. i j 1 t
i
}4- 7
o+"jam , SE' COR. NW 114, SE 114
-i-- - 1 SEC. 12, BRASS CAP, FOUND
OFF LINE TABLE
I T Chord Bearing Distance
T1 N.69°25'45"E. 39.80' - - _ - r- - - - - - ems- _ ~
Y . T2 N.37026146"E. 36.24'
T3 N.14°16'06"E. 53.67'
\ = 3 a"" T4 5.89°59'26"E. 86.79' 116 2 r , TS S.37028130"E. O.A2'
T'L N-74°23'04"W. 101.67' Y
a SI~ ~ cc C 7 .o CURVE TABLE 20695
M L \ °P 4 , 4• C Chord Distance Radius Are Delta Tangent .
,','~~ON NHINII tS<'3%*
C1 N.70°46'29"W. 173.72 3870.00 173.73 02034820" 86.88
C'2 N.65°35'19"W. 325.50 3880.00 325.60 04048129' 162.89
vIcINIry MAP 22000, Johnscm, Kunkel & Associates, inc.
LAND 5URVEVING • CIVIL ENGINEERING - MAPPING
P.O. Box 409 • 113 East 4th Street
Eagle, Coloodo 81631 • Phone: )303) 328-6368