TC Ord. No. 1998-18 Approving the annexation of certain territory in the Town of Avon08/20/1998 16:03 3038581802 WHITE AND ASSOC PAGE 16
ORDINANCE OF THE
TOWN OF AVON
Series of 1998 Ordinance No. 18
AN ORDINANCE APPROVING THE ANNEXATION OF CERTAIN
TERRITORY IN THE TOWN OF AVON, COLORADO.
BE IT ORDAINED BY THE TOWN COUNCEL OF THE TOWN OF AVON,
COLORADO:
ARTICLE 1- AUTHORITY
Article 12, Title 31, C.R.S., as amended, governs the process of annexing territory of
unincorporated areas into municipalities.
The Charter for the Town of Avon ( "Charter ") also governs the process for annexing
territory of unincorporated area into the Town and governs the procedure for adopting
emergency ordinances.
ARTICLE 2 - PETITION FILED
A petition for annexation was filed with the Town of Avon on July 13, 1998 signed by
1000/6 of the landowners petitioning for annexation pertaining to approximately 18.886 acres of
land fiuther described in the petition (the "Petition "). The Petition is on file with the Town.
ARTICLE 3 APPROVAL OF ACTION
The Town Council has previously found the Petition to be in substantial compliance with
Section 31- 12- 107(l), C.R.S. Notice of a public hearing on the proposed annexation was
provided pursuant to Section 31 -12 -108, C.R.S. The Town Council has by Resolution of even
date determined that the requirements of Sections 31 -12 -104 and 105, C.R.S., have been met,
that an annexation election is not required, and that no additional terms or conditions are to be
imposed on the annexed land except pursuant to the "Annexation Agreement" approved by said
Resolution. The Town Council finds that the annexation of the land situate in the County of
Eagle, State of Colorado, described in the Petition, to the Town of Avon, Colorado, shall be and
the same is hereby ordained and approved, and said land is hereby incorporated in and made a
part of the Town of Avon conditioned on the express terms of said Annexation Agreement.
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ARTICLE 4 — EFFECTIVE DATE OF ANNEXATION
A This Ordinance shall become effective upon adoption of this Ordinance by the
Town Council as an emergency ordinance pursuant to Article 7 hereof and the terms of the
Charter except for the purpose of general property taxes on the real and personal property
annexed and shall be effective as to all general property taxes on and after the first day of
January, 1999 subject to the terms of the aforementioned Annexation Agreement. The
annexation and this Ordinance are expressly conditioned on the terms of the Annexation
Agreement which conditions shall be satisfied only if an acceptable "development agreement" is
completed as contemplated in said Annexation Agreement; otherwise the land described in said
Petition shall be disconnected from the Town of Avon as set forth in the Annexation Agreement.
ARTICLE 5 — FILING DOCUMENTS
Within ninety (90) days after the date of adoption of this Ordinance, the Town's legal
counsel is directed to:
A File one (1) copy of the annexation map with the original of this Annexation
Ordinance in the office of the Town Manager of the Town of Avon, Colorado.
B. File two (2) certified copies of this Annexation Ordinance and map of the area
annexed containing a legal description of such land with the County Clerk and
Recorder of Eagle County.
ARTICLE 6 -- SEVERABILITY
If any part or provision of this Ordinance, or its application to any person or
circumstance, is adjudged to be invalid or unenforceable, the invalidity or unenforceability of
such part, provision, or application shall not affect any of the remaining parts, provisions or
applications of this Ordinance which can be given the effect without the invalid provision, part or
application, and to this end the provisions and parts of this Ordinance are declared to be
severable; provided, however, that if any provision is found valid or unenforceable which has the
effect of removing the conditions of this Ordinance regarding the Annexation Agreement and
contemplated development agreement, then at the option of the Petitioners, this entire Ordinance
shall be declared void and of no effect and the land described in the Petition shall be
disconnected from the Town.
ARTICLE 7 — EMERGENCY ORDINANCES
This Ordinance is being adopted pursuant to the provisions of Section 6.6 of the Charter
by at least a unanimous vote minus one of Town Council members present at this City Council
meeting, and without publication except as specifically required by said Section 6.6. The Town
Council finds that preservation of the public welfare requires that this Ordinance be declared an
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emergency ordinance under the Charter and so declares. The necessity for adopting this
Ordinance as an emergency ordinance is that the proposed annexation and related development is
economically viable only if special districts are formed for the land at a November, 1998 election
which cannot occur if the annexation does not become effective by early September, 1998 which
can only occur if this Ordinance becomes effective immediately_ If said special districts are
formed, the development agreement contemplated in the Annexation Agreement can be
completed providing substantial economic benefit to the Town of Avon and its residents.
INTRODUCED, READ, EFFECTIVE AND ORDERED PUBLIWD TMS 25
DAY OF n„g„s+ ,1998.
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TOWN OF AVON
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Return to:
Town of:-Avon
PO Box 975
Avon, CO 81620
ATTN: Town Clerk
EXHIBIT A
A parcel of ;and located in the south 1/2 of the northwest 1/4 of
Section 12. Township 5 South, Range 82 West of the Sixth Principal
Meridian, Eagle County. Colorado, being more particuiariy described as
follows:
Beginning at a point on the southerly right -of -way line of the Denver dt
Rio Grande Western Rail Road and the westerly right -of -way line of Avon
Rood, from which the Center 1/4 corner of Section 12 bear&
S 04'18'06 " -E. 612-39 feet; thence along the southerly railroad rignt-
of-way N 65'23'27' W. 1729.75 feet to the southeasterly most corner of
Troct N, Benchmark at Seaver Creek Subdivision, Amendment Number 4, as
recorded in Book 274 at page 701; thence departing the southerly right -
of-way line and clang the southerly line of Tract H N 89'3201" W,
397.29 test to o point on the easterly line of Beaver Creek Subdivision,
Tracts 0 and P, as recorded in Book 656 at page 662, said line being.
also the appro■irmate centerline of the Eagie River; thence clang the
easterly line the following ten (10) courses:
1) S 48'08'55' E. 132.70 feet, 2) S 577216' E. 341.00 feet,
3) S 49'50'33' E. 455.67 feet, 4) S 4T47'00" E. 293.81 feet,
5 S 43'40'09' E. 152.41 feet. 6) S 50'10'13 E, 154.96 feet,
7 S 53'42'45' E. 187 -29 feet, 8) S 81'26'34" E. 214.88 feet,
9 N 86'00'59' E. 162.21 feet. 10) N 86'36'05' E. 197.35 feet to o point on
the westerly right -of -way line of Avon Road; thence along the westerly,
right -of -way line the following four (4) courses: 1) N 12 05'08 E,
120.18 feet, 2) N 12'07'30' E. 86.00 feet, 3) N 2V1,714"-E. $2.00
feet, 4) N 04'29'54" E. 119.79 feet to the Point of Beginning.
Parcel Contains 18 886 acres,
Together with three (3) parcels of land known as TK -10-A. TK -10 and
PE -10 alto being 'located in the South 1/2 of the Northwest 1/4 of
Section 12. Township 5 South. Range 82 1N4st of the Sixth Principal
Meridian, Eagle County. Colorado, the exterior boundary of these
combined parcels being more particularly described as follows-.
Beginning gt the Northeast corner of the Confluence from which the
center 1/4 of Section 12'bears Sow 113' 06 "E, 612.39 feet; thence
Wong the southerly right -of -way line of the Denver and Rio Grande
Western Railroad S 65' 23' 27 0E. 33.06 feet: thence deporting said
railroad right -of -way along the are of a non- tangent curve to the right.
181.21 feet, having a radius of 1095.90 feet. a certral angle of 09' 25'
26" and o chord which bears SOS' 28' 4$'W, 181.00' test; thence the
following seven (7) Courses:
1. S11' 13' 03 "W. 54.70 feet
2. S43' 13' 33 "W, 37.70 feet
3. S10" 05' 03 "W, 94.50 feet
4. S86' 36' 05-W, 28.1E feet
5. N12' 05' C8'_, 120-16 feet
6. N12' 07' 30'E, 86.00 feet
7. N21' 17' 14 "E. 52.00 feet
thence N04' 29' 54 "E. 119.79 feet to the Point of Beginning.
Parcel contains 0.28 acres mare or less.
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Return to:
Town of Avon
PO Box 975
Avon, CO 81620
ATTN: Town Clerk