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TC Ord. No. 1985-07TOWN OF AVON ORDINANCE-NO.-85-7 AN ORDINANCE ANNEXING TO THE TOWN OF AVON A PARCEL OF LAND LOCATED IN SECTION 12, TOWNSHIP 5 SOUTH, RANGE 82 WEST OF THE.6TH P.M., EAGLE COUNTY, COLORADO; AND SETTING FORTH FINDINGS AND CON- CLUSIONS AND OTHER DETAILS THERETO. WHEREAS, an amended petition for annexation to the Town of Avon ofa certain parcel of real property located in Section 12, Township,5 South, Range 82 West-of the 6th P.M., Eagle County, Colorado, more particularly described on Exhibit "A", attached hereto and made,a part hereof (hereinafter referred to as "the petition"), 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 Craig,Folson; and WHEREAS, in accordance with Sections 31-12-107(1) (g) and 31-12-108, C.R.S., 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 peti- tion should be granted and that the subject real property should be annexed to the Town of Avon; and WHEREAS, the Town Council has, by resolution, set a public hearing to consider the petition and to determine whether the pro- posed annexation complies with Sections 31-12-104 and 31-12-108, 0 9 C.R.S., 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., 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 incorporat- ed herein by this reference) located in Section 12, Township 5 South, Range 82 West 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 require- ments of Section 31-12-107(1) (g), C..R.S., 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 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 con- tiguous 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 land- owners 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 distract by this 2 annexation. (C) No election is required under Section 31-12-107 (2), C.R.S., as amended. Section 3. Annexation Subject to confirmation of the tentative findings made in Section 2 hereof at the hearing referenced above, the real prop- erty located in Section 12, Township 5 South, Range 82 West of the 6th P.M., Eagle County, Colorado, and more particularly de- scribed 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 descrip- tion of such area with the County Clerk and Recorder of the County of Eagle, Colorado. INTRODUCED, PASSED, READ ON FIRST READING, ORDERED PUBLISHED ONCE IN FULL, this'23rdday of and a public hearing on this ordinance shall be meeting of the Town Council of the Town of Avon, 28th_day of May , 1985, at 7:30 p.m. Offices-:of- the' Town. TTE 2C<-- P,atricia,,J., D le, Town Perk- APPROVED,- AND April , 1985, held at the regular Colorado, on the in the Municipal t Allan R: ttin.g a , mayor INTRODUCED, PASSED, READ ON SECOND READING, APPROVED, AND ORDERED PUBLISHED BY TITLE ONLY THIS-, 28th-day'of May 1985. Allan R. N tinghamI yor //111 1 3 • EXHIBIT "A" 9 TOWN OF AVON, COUNTY OF EAGLE, STATE OF COLORADO AMENDED PETITION IN THE MATTER OF THE PROPOSED ANNEXATION OF UNINCORPORATED TERRITORY IN THE COUNTY OF EAGLE, STATE OF COLORADE, TO THE TOWN OF AVON, COLORADO (A parcel of land located in Section 12, Township 5 South,-Range 82 West of the 6th Principal meridian.) TO THE HONORABLE TOWN COUNCIL OF THE TOWN OF AVON: The undersigned, as the owner of more than 50% 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 amends its previous petition for the annexation of a parcel of land in N2 Sf4, Section 12, and 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 petitioners allege that: (1) The undersigned are the owners of more than 50% 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 community 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; Page 1 of 3 Pages A • (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 comprising twenty acres or more, 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 commenced 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 addresses of the signers of this petition and the dates of signing are affixed to the petition; (12) Attached to this petition is the affidavit that the signatures hereon are the signatures of the persons whose name he or 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. Page 2 of 3 Pages The Petitioner respectfully request hereby. that the the Town Council of the Town of Avon, Colorado, make a finding of substantial compliance for this petition and commence proceedings for and approve the annexation of the subject territory. PETITIONER'S ADDRESS: PETITIONER: 800 Diamond Shamrock Tower Dallas, Texas 75201 STATE OF TEXAS Craig Fo son ss. COUNTY OF DALLAS ) The. foregoing instrument was acknowledged before me this day of 1985 by Craig Folson. Witness my hand and official seal. My commission expires: (SEAL) Notary Public Page 3 of 3 Pages 0--l- LAND DESCRIPTION A parcel of land located in Section 12, Township 5 South, Range 82 West of the Sixth Principal Meridian, Eagle County, Colorado, more particularly described as follows: Beginning at the Southeast corner of the NW1/4SE1/4 Section 12; thence along the South line of the NW1/4SE1/4, N89°37'02"W, 1302.02 feet; thence N20°01'19"E, 1097.52 feet to the Southerly right-of-way line of U.S. Highway No. 6; thence along the said Southerly right-of-way line of U.S. Highway No. 6 along a curve to the left an arc length of 612.63 feet with a radius of 3770.00 feet and a central angle of 9°18'38", whose chord bears N71°44'26"W, 611.96 feet; thence departing from said right-of-way line N11°10'10"E, 98.10 feet to a point common to the Northerly right-of-way line of U.S. Highway No. 6 and the Westerly right-of-way line of Avon Road; thence along the Westerly right-of-way line of Avon Road N11°10'10"E, 130.10 feet; thence N43°49'30"E, 92.60 feet; thence N11°10'10"E, 54.14 feet;.thence along the approximate centerline of the Eagle River S86°36'05"W, 36.99 feet; thence continuing along the Westerly right-of-way line of Avon Road N09°25'30"E, 94.37 feet; thence N42°34'00"E, 37.70 feet; thence N10°33'30"E, 54.70 feet; thence along a curve to the left an arc length of 181.30 feet with a radius of 1095.90 feet, and a central angle of 09°28'43", whose chord bears N05°49'09"E, 181.09 feet to the Southerly right-of-way line of the Denver and Rio Grande Western Railroad; thence departing from the Westerly right-of-way line of Avon Road and contin- uing along the Southerly railroad right-of-way line N65°58'08"W, 1763.58 feet; to the Southerly boundary line of the Benchmark at Beaver Creek Subdivision, Amendment Number 4, Eagle County, Colorado; thence departing from the said Southerly railroad right-of-way and continuing along the Southerly subdivision boundary line N89°50'48"E, 303.99 feet; thence SO0°05'10"W, 26.85 feet to the Northerly right-of-way line of the Denver and Rio Grande Western Railroad; thence continuing along the Southerly subdivision boundary line and continuing along the Northerly railroad right-of-way line S65°58'08"E, 1819.07 feet; thence departing from the Northerly railroad right-of-sway line and the Southerly subdivision line S24°01'52"W, 100.00 feet to the Southerly right-of-way line of the Denver and Rio Grande Western Railroad; thence continuing along the Southerly railroad right-of-way line N65°58'08"W, 235.91 feet to the Easterly right-of-way line of Avon Road; thence departing from the Southerly railroad right-of-way line and continuing along the Easterly right-of-way line of Avon Road along a curve to the right an arc length of 155.79 feet with a radius of 1195.90 feet,-and a central angle of 07°27'50",'whose chord bears S06°49'35"W,- 155.68 feet; thence S10°33'30"W, 54.70 feet; thence'S35°40'30"W, 35.30 feet; thence S04°26'30"W, 140.80 feet; thence S03°49'30"E, 80.50 feet; thence S13°04'30"W, 95.60 feet to the center of said Section 12, Township 5 South, Range 82 West, being a brass cap monument found'in place, thence SO0°25'26"W, 44.45 feet to the Northerly right-of-way line of U.S. Highway No. 6; thence departing from the Easterly right-of-way line of Avon Road and continuing along the Northerly right-of-way line of U.S. Highway No. 6 along a curve to the right an arc length of 349.66 feet with a radius of 3870.00 feet, and a central angle of 05°10'36", whose chord bears S71°34'29"E, 349.54 feet; thence S73°52'56"E, 101.67 feet; thence along a curve to the right an arc length of 325.60 feet with a radius of 3880.00 feet and a central angle of 04°48'29", whose chord bears S65°05'11"E, 325.50 feet; thence S62°40'56"E, 751.40 feet; thence departing from the Northerly right-of-way line of U.S. Highway No. 6 S27°19'04"W, 120.00 feet to a point common to the Southerly right.;of-way line of U.S. Highway No. 6 and the East 1/16 line of Section 12; thence along the said East 1/16 line of Section 12 SO0°16'44"W, 561.57 feet to the point of beginning. Said parcel of land contains 31.950 acres. 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 28TH-DAY OF MAY, 1985,AT THE MUNICIPAL BUILDING, 400 BENCHMARK ROAD, AVON, COLORADO FOR THE PURPOSE OF CONSIDERING THE ADOPTION OF ORDINANCE NO. 85=7, SERIES OF 1985: AM ORDINANCE ANNEXING TO THE TOWN OF AVON"A PARCEL OF LAND LOCATED IN 'SECTION 12, TOWNSHIP 5 SOUTH, RANGE 82 WEST 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 23rd day of April, 1985. AVON; , COLORAI~~ EY atrlcla j own Clerk POSTED AT THE FOLLOWING PUBLIC PLACES WITHIN THE TOWN OF AVON ON APRIL 24, , 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 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 23RD DAY OF APRIL, 1985 AT THE MUNICIPAL BUILDING, 400 BENCHMARK ROAD, AVON, COLORADO FOR THE PURPOSE OF CONSIDERING THE ADOPTION OF ORDINANCE NO. 85-7, SERIES OF 1985: AN ORDINANCE ANNEXING TO THE TOWN OF AVON A PARCEL OF LAND LOCATED IN THE Nh SE4 SECTION 12, TOWNSHIP 5 SOUTH, RANGE 82 WEST OF THE 6TH PRINCIPAL MERIDIAN: 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 10th day of April, 1985. TO AVON, COL O BY 7Z Doyle Town Clerk POSTED AT THE FOLLOWING PUBLIC PLACES WITHIN THE TOWN OF AVON ON APRIL 10th 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