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TC Ord. No. 1985-0210 TOWN OF AVON. ORDINANCE NO. 8 5 - 2 . Series of 1985 AN ORDINANCE ANNEXING 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 T ERETO. WHE EAS, 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 therefrcm to the Town Council; and WHEREAS, the owners of one-hundred percent of the real property proposed for annexation, exclusive of the streets and alleys, are Grace Jenkins White, Edward F. Rodgers, Eagle River Townhouse Associates, Ltd., and Nottingham Associates; and WHEREAS, in accordance with Sections 31-12-107(1)(g) and 31-12-108, C.R.S., the Town Council may by ordinance annex the above specified property without election, inasmuch as the petition was signed by the owners of 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, FORE, BE IT ORDAINED BY THE TOWN COUNCIL'OF THE TOM 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. (B) The petition was signed by the owners 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: Page 1 of 2 Pages (A) The subject property is eligible_.for annexation to the Town of Avon in that at least one-sixth of its boundaries" a contiguous with the Town of Avon, and there is a com mity 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. Section 3. 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,are:a annexed containing a legal description of such area with the County Clerk and Recorder of the County of Eagle, Colorado. IlV'I'RODUCED, PASSED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL, this 12th-,day of March , 1985, 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 2.6th day of _ March , 1985, at 7:30 p.m. in the Municipal Offices of the Town. q2v A11), Z_4~ a-tw~_ Mayor lerk- i INTRODUCED, PASSED, READ ON SECOND READING, APPROVED AND ORDERED PUBLISHED BY TITLE ONLY THIS 26th DAY OF March , 1985. Mayo Page 2 of 2 Pages 5- 13-Ts-- EXHIBIT "A" • LEGAL DESCRIPTION A parcel of land located in the SW1/4,NE1/4, NW1/4,SE1/4 and NE1/4,SE1/4, Section 12, Township 5 South, Range 82 west of the Sixth Principal Meridian and NW1/4,SW1/4, Section 7, Township 5 South, Range 81 West of the Sixth Principal Meridian, all in Eagle County, Colorado according to the Dependent Resurveys of said Township and Ranges as approved on September 7, 1977 and September 13, 1943 respectively; said parcel being more particularly described, with all bearings contained herein based on a bearing of 5.00°16'08"W. for the West Line of the NW1/4,SE1/4 of said Section 12, as follows: Beginninq at a point on the North line of said NW1/4,SE1/4, Section 12 from which the Center Corner of said Section 12, a brass cap monument found in place, bears N.89°29'18"I^1. 241.13 feet distant; thence along said North line 5.89°29'18"E. 86.79 feet to a point on the centerline of the Eagle River; thence along said centerline N.36°58'18"W. 249.33 feet; thence departing said centerline N.24°43'38"E. 60.97 feet to a point on the North bank of the Eagle River; thence along said North bank the following fourteen (14) courses: 1) 5.53035135"E. 2) S.37°41'09"E. 3) 5.45°36'14"E. 4) N.65°00'56"E. 5) 5.68°37'25"E. 6) 5.59°58'17"E. 7) 5.83055'31"E. 8) S.69000'28"E. 9) N.77038'56"E. 10) 5.70035'42"E. 11) S.48°59'44"E. 12) S.62009'57"E. 13) S.41°36'48"E. 14) 5.37°21'17"E. 68.15 feet 147.06 feet 233.61 feet 43.26 feet 128.18 feet 241.80 feet 252.71 feet 174.60 feet 59.32 feet 101.28 feet 103.87 feet 62.63 feet 76.13 feet 100.99 feet thence departing said North bank 5.25°10'38"W. 67.91 feet to a point on the centerline of the Eagle River; thence along said centerline the following three (3) courses: 1) 5.65°25'11"E. 7.77 feet 2) S.79°29'54"E. 47.34 feet 3) S.54°27'43"E. 106.48 feet to a point on the Southerly boundary of Eagle Bend, a subdivision recorded in Book 341 at Page 87 of the Eagle County Records; thence along said Southerly boundary the following six (6) courses: • 1) 5.59°05'54"E. 2) 5.60°52'52"E. 3) S.58°50'11"E. 4) S.83°41'02"E. 5) S.00051'08"E. 6) S.64°26'32"E. 398.03 300.36 308.03 54.42 35.00 9.38 a feet feet feet feet feet feet thence S.01°14'42"E. 120.18 feet to a point on the Northerly Right-of-Way Boundary of U. S. Highway No. 6; thence along said Right-of-Way boundary the following six (6) courses: 1) N.62°40'56"W. 931.08 feet 2) N.56°57'56"W. 100.50 feet 3) N.62°40'56"W. 1244.05 feet 4) 325.60 feet along the arc of a curve to the left with a radius of 3880.00 feet, the chord of which bears N.65°05'11"W. 325.50 feet 5) N.73°5256"W. 101.67 feet 6) 173.73 feet along the arc of a curve to the left with a radius of 3870.00 feet, the chord of which bears N.70°16'21"W. 173.72 feet to a point on the centerline of Beaver Creek; thence along said centerline the following three (3) courses: 1) N.69°55'53"E. 39.80 feet 2) N.37°56'54"E. 36.24 feet 3) N.14°46'14"E. 53.67 feet to the point of beginning. Said parcel contains 12.604 acres, more or less. SURVEYOR'S NOTE: The above legal description represents a compilation of legal descriptions contained in deeds of record and surveys pe"rformed by others and does not necessarily represent the actual boundaries of the parcels involved. MARCH 130 Date Steven K. Scott P.L.S. 20..495' -rw n n^ IN 3z~ 0 0 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 26TH DAY OF MARCH, 1985 AT THE MUNICIPAL BUILDING, 400 BENCHMARK ROAD, AVON, COLORADO FOR THE PURPOSE OF CONSIDERING THE ADOPTION OF ORDINANCE NO. 85-2, SERIES OF 1985: AN ORDINANCE ANNEXING 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. 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 notice given and passed by order of the Town Council of the Town of Avon, Colorado. Dated this 13th day of March, 1985. TO F~VON , COL 0 BY /iL ti /1 Qc,1.CJ~ Town Clerk POSTED AT THE FOLLOWING PUBLIC PLACES WITHIN THE TOWN OF AVON ON MARCH 13, 1985: THE MAIN ENTRANCE OF THE POST OFFICE, THE MAIN ENTRANCE TO CITY MARKET, THE PESTER GAS STATION; AND THE MUNICIPAL BUILDING IN THE MAIN LOBBY