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TC Ord. No. 2001-14 Concerning the annexation to the town of Avon Co of certain property as described in the Mcgrady acres for annexationIf TOWN OF AVON L ORDINANCE NO. 01-114 {.r L COPY ix', "tCp° o SERIES OF 2001 ' Afu111111.114'1l1 -AN ORDINANCE CONCERNING THE ANNEXATION TO THE TOWN OF AVON, COLORADO, OF CERTAIN PROPERTY AS DESCRIBED IN THE MCGRADY ACRES PETITION FOR ANNEXATION. WHEREAS, on August 2, 2001, EMD LIMITED LIABILITY COMPANY and TRAER CREEK LLC filed with the Town Clerk for the Town of Avon ("Town") the petition for annexation ("Petition") requesting that the Town Council of the Town ("Town Council") commence proceedings to annex to the Town certain unincorporated tract or tracts of land located in Eagle County, Colorado, and described on Exhibit A attached hereto and incorporated herein by this reference (the "Annexation Property"); and WHEREAS, the Town Council, by Resolution Number 01-27, Series of 2001, attached hereto and incorporated herein by this reference as Exhibit B, has determined with regard to the Petition that, pursuant to Section 31-12-110, C.R.S.: (1) the applicable parts of Sections 31-12-104 and 31-12-105, C.R.S., have been met; (2) an election is not required under Sections 31-12-107(2) or 31-12-112, C.R.S.; and (3) no additional terms and conditions are to be imposed on the Petition; WHEREAS, the Town Council held public hearings at which it received evidence and testimony pertaining to the annexation of the Annexation Property, at the conclusion of, which the Town Council considered such evidence and testimony so introduced, and by this Ordinance sets forth its findings of fact and conclusions. THE TOWN COUNCIL MAKES THE FOLLOWING FINDINGS OF FACT AND CONCLUSIONS: . . 1. The submission, processing, consideration and approval of the Petition have fully met and complied with all applicable laws and regulations of the State of Colorado and the Town, including, without limitation, Article H, Section 30 of the Colorado constitution_ and Sections 31-12-101 through 31-12-123, C.R.S. 2. All public hearings concerning whether the Town should annex the Annexation Property have been held and conducted in accordance with all applicable laws and regulations of the State of Colorado and the Town. 3. All notices required for the public hearings at which the Town Council considered the Petition were properly and timely published, posted or mailed in accordance with all applicable laws and regulations of the State of Colorado and the Town. 4. In order to encourage well-ordered development to the Town, . it is desirable that the Annexation Property be annexed to the Town. 782683 521179 3 CAMALC IoAaim s as PM Page : 1 of 18 01/14/2002 04:46P Sara J Fisher Eagle, CO 299 R 90.00 D 0.00 • • 5. The annexation of the Annexation Property- to the Town is in the best interests of the public health, safety and general welfare of the people of the Town. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO THAT: Section 1. The annexation to the Town of the Annexation Property be, and is hereby approved and said real property as described on the annexation map accompanying the Petition is hereby annexed to the Town. Section 2. As required by statute, the Town shall: (a) File one copy of the annexation map with the original of this Ordinance in the office of the Town Clerk for the Town; and (b) Subject to the terms of Section 18 of the Petition, file for recording three certified copies of this Ordinance and ' of, the map of the area annexed containing a legal description of such area with the Clerk and Recorder of Eagle County, Colorado. Section 3. . The Town Clerk is hereby authorized and directed to publish the full text of this Ordinance in a newspaper of general circulation within the Town (i.e., the Vail Valley Times or the Eagle Valley Enterprise, or both) on the next available publication date. Section 4. The effective date of this Ordinance shall be seven (7) days after publication of the notice described in Section 3 above. INTRODUCED, PASSED ON FIRST READING, APPROVED AND ORDERED PUBLISHED this 9 day of October 2001, 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 :23 day of October, 2001 at 5:30 p.m., in the Avon Municipal Complex, 400 Benchmark Road, Avon, Colorado. TOWN OF AVON By: J Yode Mayor of the Town of Avon, Colorado 11111111111111111 Jill 11111111111111111111111 Jill 78683 Page: 2 of 18 01/14/2002 04:46PI ,Sara J Fisher Eagle, CO 289 R 90.00 D 0.00 521179.3 CAMALC 10/4101 5 4aPM 2 - . INTRODUCED, PASSED ON SECOND READING, APPROVED AND ORDERED PUBLISHED this 23 day of October , 2001. TOWN OF AVON By: Ju y Oder Mayor of the Town of Avon, Colorado APPROVED AS TO FORM: Burt Levin, Esq. Town Attorney 111111111111 Jill 1111111111111111111111 Jill 782683 Page: 3 of 18 j 01/14/2002 04:46PI Sara J Fisher Eagle, CO 269 R 90.00 D 0.00 521179s caant.c 10/4/01 5,48 PM - - - 3 - - Town Clerk Town Clerk 0 EXHIBIT A TO ORDINANCE NUMBER 01-14, SERIES OF 2001 (Legal Description of Annexation Property) Those parts of the Denver and Rio Grande Western Railroad right-of-way and those parts of U.S. Highway 6 and 24 right-of-way, both lying in the S 1/2 Section 7, Township 5 South, Range 81 West of the Sixth Principal Meridian, Eagle County, Colorado; together with those parts of McGrady Acres, according to the final plat thereof recorded in Book 558 at Page 533 in the office of the Eagle County, Colorado, Clerk and Recorder; together with the 60 foot wide public right-of-way shown on (Corrected) Final Plat - Condominium Map SUN RIVER CONDOMINIUMS according to the map thereof recorded in Book 318 at Page 186 in the office of said Clerk and Recorder, all being described as a whole as follows: Beginning at a point on the existing Town of Avon boundary and the northerly right-of-way line of the Denver and Rio Grande Western Railroad, whence the northwest corner of said McGrady Acres bears S25°38'00"W 100.00 feet; thence the following four courses along said common line: (1) S64°22'00'E 376.11 feet; (2) 28.04 feet along the arc of a curve to the left, having a radius of 1860.00 feet, a central angle of 00°51'50", and a chord that bears S64°47'55"E 28.04 feet; (3) S00°12'23"E 22.04 feet; (4) 548.06 feet along the arc of a curve to the left, having a radius of 1880.00 feet, a central angle of 16°42'10", and a chord that bears S73°51'55"E 546.11 feet; thence, departing said common line, S07°47'00"W 60.00 feet to a point on the southerly right-of-way line of said Denver and Rio Grande Western Railroad and the northerly right-of-way line of Nottingham Ranch Road as shown on said final plat of McGrady Acres; thence the following two courses along said common line: (1) S82°13'00"E 1136.53 feet; (2) 42.66 feet along the arc of a curve to the right, having a radius of 5699.70 feet, a central angle of 00°25'44", and a chord that bears S82°00'09"E 42.66 feet; thence, departing said common line and continuing the following nine courses along the easterly, southerly and southeasterly right-of-way lines of said Nottingham Ranch Road: (1) 209.28 feet along the arc of a curve to the right, having a radius of 120.00 feet, a central angle of 99°55'26', and a chord that bears S57'49'1 77W 183.75 feet; (2) N72'1 3'00"W 277.44 feet; (3) N82°1 3'00"W 1056.24 feet; (4) 167.20 feet along the arc of a curve to the left, having a radius of 265.00 feet, a central angle of 36°09'00", and a chord that bears S79°42'30"W 164.44 feet; (5) S61 °38'00"W 113.82 feet; (6) 159.29 feet along the arc of a curve to the right, having a radius of 557.63 feet, a, central angle of 16°22'00", and a chord that bears S69°49'00"W 158.75 feet; (7) S78°00'01 "W 93.40 feet; (8) 149.40 feet along the arc of a curve to the left, having a radius of 500.00 feet, a central angle of 17°07' 12", and' a chord that bears S69°26'25"W 148.85 feet; (9) S60°52'49"W 101.94 feet to the southwesterly line of said McGrady Acres and the northeasterly line of said Sun River Condominiums; thence, along said common line, S47°59'03"E. 0.24 feet; thence, departing said common line, S60°53'00"W 78.88. feet, along the easterly line of the 60 'foot wide public right-of-way shown on said (Corrected) Final Plat - Condominium Map SUN RIVER CONDOMINIUMS, to the southwesterly line of said Sun River Condominiums and the northeasterly right-of-way. line of said U.S. Highway 6 and 24; thence, along said common line, 264.30 feet along the arc of a curve to the left, having a radius of 1830.00 feet, a central angle of 08°16'30"; and a chord that bears S70°43'32"E 264.07 feet; thence, departing said common line, S15°08'13"W 130.00 feet 3211793 CAMAL.C 10/4/015-5$PM A-ll~ 782683 Page: 4 of 38 4.46P 01/14/2002 Sara J Fisher Eagle, CO 289 R 90.00 0 0.00 to the southwesterly right-of-way line of said U.S. Highway 6 and 24; thence the following two courses along said southwesterly right-of-way line: (1) 400.12'feet along the arc of a curve to the right, having a radius of 1960.00 feet, a central angle of 11 °41'47'', and a chord that bears N69°00'54"W 399.42 feet; (2) N63°10'00"W 100.72 feet; thence, departing said southwesterly right-of-way line, N26°50'00"E 123.00 feet to the southwesterly line of said Sun River Condominiums and the northeasterly right-of-way line of U.S. Highway 6 and 24; thence, along said common line, the following three courses: (1) S79°52'00"E 24.35 feet; (2) S63°10'00"E 77.40 feet; (3) 34.82 feet along the arc of a curve to the left, having a radius of 1830.00 feet, a central angle of 01 005'25", and a chord that bears S63°42'43"E 34.82 feet; thence, departing said -common line, N60°53'00"E 102.46 feet, along the westerly line of the 60 foot wide public right- of-way as shown on said (Corrected) Final Plat - Condominium Map SUN RIVER CONDOMINIUMS, 'to the northeasterly line of said Sun River Condominiums and the -southwesterly line of said McGrady Acres; thence, along said common line the following two courses: (1) N47°59'03"W 198.62 feet; (2) N37°40'59"W 102.73 feet to the most westerly corner of said McGrady Acres and the existing Town of Avon boundary; thence, departing said common line, N45°53'00"E 125.14 feet along the northwesterly line of McGrady Acres and the existing Town of Avon Boundary; thence, departing the existing Town of Avon boundary, S40°32'42"E 318.00 feet along the southwesterly line of Lot 6, said McGrady Acres to the southeasterly line of said Lot 6 and the northwesterly right-of-way line of said Nottingham Ranch Road; thence, along said common line, the following four courses: (1) N60°52'49"E 18.00 feet; (2) 170.31 feet along the arc of a curve to the right, having a radius of 570.00 feet, a central angle of.17°07' 12"; and_a chord that bears N69°26'25"E 169.69 feet; (3)N78°00'01 "E 93.40 feet; (4) 19.13 feet along the arc of a curve to the left, having a radius of 487.63 feet, a central angle of 02°14'5]", and a chord that bears N76°52'36"E 19.13 feet to the most easterly corner of said Lot 6; thence, departing said common line, N57°59'05"W 462.86 feet, along northeasterly line of said Lot 6, to the northwesterly line of said McGrady Acres and the existing Town of Avon boundary; thence, departing said northeasterly line, N45°53'00"E 240.92 feet along said northwesterly line of McGrady Acres and the existing Town of Avon boundary to the northwest corner of said McGrady Acres; thence, departing said northwesterly line of McGrady Acres an d said existing Town of Avon boundary, N25°38'00"E 100.00 feet to the point of beginning, containing,11.49 acres, more or less. - - 782683 - - , Page: 5 of 18 01/14/2002 04:46P' Sara J Fisher Eagle, CO 289 R 90.00 D 0.00 521179.3 CAMMX 10/4/015 48 PM 2 • EXHIBIT B TO ORDINANCE NUMBER 01-14, SERIES OF 2001 (Copy of Resolution Number 01-27, Series of 2001) 11111 Jill 11111111111111111111111 Jill 782683 Page: 8 of 18 01/14/2002 04:46P' Sara J Fisher Eagle, CO 289 R 90.00 D 0.00 5211793 cnMnLC 10/4ro1s-asrM B-l • • 0 RESOLUTION NO.01-27 SERIES OF 2001 A RESOLUTION SETTING FORTH FINDINGS OF FACT AND CONCLUSIONS REGARDING, THE PUBLIC HEARING HELD ON THE ANNEXATION PETITION FILED BY EMD LIMITED LIABILITY COMPANY AND TRAER - CREEK LLC CONCERNING A PORTION OF THE LAND KNOWN AS MCGRADY ACRES. WHEREAS on August 9, 2001, Petitioners EMD Limited Liability Company and Traer Creek LLC filed 'with the Town Clerk a Petition for Annexation (Exhibit A hereto) concerning a portion of the land known as McGrady Acres and as particularly described in such petition, which petition was referred to the Town Council; and WHEREAS by Resolution No. 01-18 the Town Council scheduled a public hearing on said petition in accordance with C.R.S. § 31-12-107, and WHEREAS following public notice the Town Council held a hearing on said petition on September 25, 2001; NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO: Section 1. The Town Council hereby finds that the petition complies with the provisions of C.R.S. § 31-12-107. Section 2. The Town Council hereby finds that the petition meets the requirements of C.R.S. 31-12-104 and 31-12-105. Section 3. The Town Council hereby finds that an election on the petition is not required under C.R.S. § 31=12-107(2) Section 4. The Town Council hereby finds that no additional terms and conditions are to be imposed in connection with the petition. Section 5. The Town Council concludes that the area proposed in the petition to be annexed into the Town of Avon is eligible for annexation. ADOPTED this 25th day of September, 2001. YOI~~Illllllll~llallll4r~ Page: 7 of 18 TOWN OF AVON; COLORADO -4 j -41A A J Yoder ary A Town Clerk APPROVED AS TO FORM: Burt Levin, Town Attorney 782683- Page: 01/14/2002 04:46PI ,Sara J Fisher Eagle, CO 289 R 90.00 0 0.00 2 PETITION FOR ANNEXATION TO THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO: The undersigned (collectively, "Petitioners"), in accordance with the Municipal Annexation Act of 1965 as set forth in Article 12, Title 31, Colorado Revised Statutes, as amended and as in effect on the submission date set forth below ("Annexation Act's, hereby petition (-petition") the Town Council of the Town of Avon, Colorado ("Conn W"), to annex to the Town of Avon ("Town') the unincorporated territory located in the County of Eagle, State of Colorado, which property is more particularly described in Exhibit A attached hereto and incorporated herein by reference o e In support of this Petition, Petitioners allege that 1. It is desirable and necessary that the Property be annexed to the Town. 2. The requirements of Sections -104 and -105 of the Annexation Act exist or have been met. 3. Not less than one-sixth (1/6) of the perimeter of the Property is contiguous with the Town's current municipal boundaries: 4. A community of interest exists between the Property and the Town. S. The Property is urban or will be urbanized in the near future. 6. The Property is integrated with or is capable of being integrated with the Town. 7. The Petitioners comprise more than fifty percent (50%) of the landowners in the Property owning more than fifty percent (50°h) of the Property, excluding public streets, and alleys and any land owned by the annexing municipality, and the Petitioners hereby consent to the establishment of the boundaries of the Property as shown on the annexation plat submitted' herewith. 8. The Property is not presently a part of any incorporated city, city and county, or town; io proceedings have been commenced for incorporation or annexation of-part or all of the , Property to any other municipality; no election for annexation of the,Property or substantially the same territory to the Town-has been held within the twelve (12) months immediately preceding the filing of this Petition. 9. The proposed annexation will not result in detachment of area from any school district or attachment of same to another school district 10. Except to the extent necessary to avoid dividing parcels within the Property held in identical ownership, at least fifty percent (5054c) of which are within the three (3) mile limit, the proposed annexation will not extend the municipal boundary of the Town more than three (3) miles in any direction from any point of the current municipal boundary. 11. The proposed annexation will not result in the denial of reasonable access to any landowner, owner of an easement, or owner of a franchise adjoining a platted,•strect or alley which has been annexed by the Town but is not bounded on both sides by the Town. 12. In establishing the boundaries of the Property, no land which is held in identical ownership, whether consisting of a single tract or parcel of real estate or-two or more contiguous tracts or parcels of real estate: (a) is being divided into separate parts or parcels without the written consent of the landowner or landowners thereof unless such tracts or parcels are separated by a dedicated street, road, or other public way; or (b) comprising twenty (20) acres or more and together. with buildings and improvements situate thereon having a valuation for assessment in excess of $200,000.00 for ad valorem tax purposes for the year next preceding the proposed annexation, is included in the Property without the written consent of the landowner or landowners. 782683 Page: SIUM AYE l 01/14/2002 04:46P ISara J Fisher Eagle, co 289 R 90.00 10 0.00 13. If a portion of a platted street or alley is to be annexed, the entire width thereof is ® included within the Property. 14. The legal description of the land owned by the Petitioners is set forth underneath the name of each such Petitioner on Exhibit B, attached hereto and incorporated herein by this reference. 15. The affidavit of the circulator of this Petition certifying that each signature on this Petition is the signature of the person whose name it purports to be and certifying the accuracy of the date of such signature is attached hereto as Exhibit C and is incorporated herein by this reference. 16. This Petition is accompanied by four prints of an annexation map containing, among other things, the following information: (a) A written legal description of the boundaries of the Property; (b) A reap showing the boundary of the Property; (c) Within the annexation boundary map, a showing of the location of each ownership tract in unplatted land and,' if part or all of the area is platted, the boundaries and the plat numbers of plots or of lots and blocks; and (d) Next to the boundary of the Property, a drawing of the contiguous boundary of the annexing municipality abutting the Property. 17. in connection with the processing of this Petition, the Petitioners request that the Town: (a) Institute zoning and subdivision approval processes for the Property in accordance with applicable provisions of the Municipal Code of the Town of Avon and in accordance with Section -115 of the Annexation Act; and (b) Approve and execute an annexation and development agreement ("Annexation and Development Agreement') which establishes vested property rights for the property for an agreed upon term of greater than three years, pursuant to Chapter 17.14 of the Municipal Code of the Town of Avon and Article 68, Title 24, Colorado Revised Statutes, and which otherwise establishes the development plan for the Property. 18. Petitioners have filed this Petition subject to the following conditions: (a) Concurrently with its approval of annexation of the Property, the Town Council: (i) approves for those portions of the Property which are not public right-of-way zoning and subdivision which is substantially consistent with the applications for zoning and subdivision which Petitioners Traer Creek LLC and EMD Limited Liability Company submit in connection with this Petition; and (ii) approves and authorizes execution of the Annexation and Development Agreement. (b) Petitioner Traer Creek LLC shall have the right, with or without the consent or agreement of any other landowner within the Property, to withdraw this Petition by so notifying the Town Clerk in writing prior to the fortieth (40th) day after the latest effective date of the final ordinances or resolutions approving annexation of the property,' the Annexation and Development Agreement, or zoning or subdivision of the property; provided, however, that such withdrawal right may be exercised only if a third parry commences a formal challenge to any of the approvals within such period. (c) Prior to expiration of the period described in the foregoing subparagraph (b) without Petitioner Traer Creek LLC having withdrawn the Petition, neither Petitioners DOT the City shall cause or permit the occurrence of the conditions to effectiveness of the annexation as set forth in Section -113(2)(b) of the Annexation AcL 19. Upon the annexation of the Property becoming effective, and subject to the conditions set forth in this Petition and to be set forth in the Annexation and Development Agreement, the Property shall become subject to al1_0rdinances,_rewititions, rules and 782683 2 Page: 10 of 18 312ae2 .aarF! 01/14/2002 04:46P, Sara J Fisher Eagle, CO 299 R 90.00 0 0.00 J regulations of the Town, except as otherwise set forth in the Annexation and Development Agreement, and except for general property taxes of the Town which shall become effective on January l of the next succeeding year following adoption of the annexation ordinance. 20. Except for the terms and conditions of this Petition and of the Annexation and Development Agreement, which terms and conditions Petitioners expressly approve and therefore do not constitute an imposition of additional terms and conditions within the meaning of Section -407(l)(g) of the Annexation Act, Petitioners request that no additional terms and conditions be imposed upon annexation of the Property to the Town. THEREFORE, Petitioners 'request that the Town Council of the Town of Avon, Colorado, complete and approve the annexation of the Property pursuant to the provisions of the Municipal Annexation Act of 1965, as amended. Respectfully submitted this nd day of Ag egsT . 2001. Signatures of Landowners/Petitionent: EMD LIMITED LIABILITY COMPANY, a Colorado limited liability company By:LAVA CORPORATION, a Colorado corporation, its Manager B. N Ma Lindholm Title: P ident Date of Signature: 241 GI Mailing Address: P.O. Box 640' Vail, CO 81658 Attn: William J. Post, Esq. Resident of the Property? NO TRAER CREEK LLC, a Colorado limited liability company By: Nam : Magnus dholm Title: Manager Date of Signature: %Q/ Mailing Address: P.O. Box 640 Vail, CO 81658 Attn: William J. Post, Esq. Resident of the Property? NO F,nMD 82683 ~ Sara Y ~ 1111111 ~1111111111111111111111111111111 N e !12MI k"YD 3 EXH]BIT A TO PETMON FOR ANNEXATION Legal Description of the Property Those parts of the Denver and Rio Grande Western Railroad right-of-way and those parts of U.S. Highway 6 and 24 right-of-way, both lying in the S 1/2 Section 7, Township 5 South, Range 81 West of the Sixth Principal Meridian, Eagle County, Colorado; together with those parts of McGrady Acres, according to the final plat thereof recorded in Book 558 at Page 533 in the office of the Eagle County, Colorado, Clerk and Recorder; together with the 60 foot wide public right-of-way shown on (Corrected) Final Plat - Condominium Map SUN RIVER CONDOMINIUMS according to the map thereof recorded in Book 318 at Page 186 in the office of said Clerk and Recorder, all being described as a whole as follows: Beginning at a point on the existing Town of Avon boundary and the northerly right-of-way line of the Denver and Rio Grande Western Railroad, whence the northwest comer of said McGrady Acres bears S25°38'00"W 100.00 feet; thence the following four courses along said common line: (1) S64°22'00'E 376.11 feet; (2) 28.04 feet along the arc of a curve to the left, having a radius of 1860.00 feet, a central angle of 00°51'50", and a chord that bears S64°47'55"E 28.04 feet; (3) S00°12'23"E 22.04 feet; (4) 548.06 feet along the arc of a curve to the left, having a radius of 1880.00 feet, a central angle of 16°42' 10", and a chord that bears S73°51'55'7E 546.11 feet; thence, departing said common line, S07047'00"W 60.00 feet to a point on the southerly right-of-way line of'said Denver and Rio Grande Western Railroad and the northerly right-of- way line of Nottingham Ranch Road as shown on said final plat of McGrady Acres; thence the following two courses along said common line: (1) S82°13'00"E 1136.53 feet, (2) 42.66 feet along the arc of a curve to the right, having a radius of 5699.70 feet, a central angle of 00025'44", and a chord that bears S82`00'09"E 42.66 feet; thence, departing said common line and continuing the following nine courses along the easterly, southerly and southeasterly right- of-way lines of said Nottingham Ranch Road: (1) 209.28 feet along the arc of a curve to the right, having a radius of 120.00 feet, a central angle of 99055'26", and a chord that bears S57`49'17"W 183.75 feet; (2) N72`13'00"W 277.44 feet; (3) N82°13'00"W 1056.24 feet; (4) 167.20 feet along the arc of a curve to the left, having a radius of 265.00 feet, a central angle of 36009'00", and a chord that bears S79`42'30"W 164.44 feet; (5) S61°38'00"W 113.82 feet; (6) 159.29 feet along the arc of a curve to the right, having a radius of 557.63 feet, a central angle of 16°22'00", and a chord that bears S69`49'00"W 158.75 feet; (7) S78°00'01"W 93.40 feet; (8) 149.40 feet along the arc of a curve to the left, having a radius of 500.00 feet, a central angle of 17107'12", and a chord that bears S69`26'25"W 148.85 feet; (9) S60152'49"W 101.94 feet to the southwesterly line of said McGrady Acres and the northeasterly line of said Sun River Condominiums; thence, along said common line, S47°59'03"E 0.24 feet; thence, departing said common line, S60`53'00"W 78.88 feet, along the easterly line of the 60 foot wide public right- of-way shown on said (Corrected) Final Plat - Condominium Map SUN RIVER CONDOMINIUMS, to the southwesterly line of said Sun River Condominiums and the northeasterly right-of-way line of said U.S. Highway 6 and 24; thence, along said common line, 264.30 feet along the arc of a curve to the left, having a radius of 1830.06 feet, a central angle of 08`16'30", and a chord that bears S70043'32"E 264.07 feet; thence, departing said common line, S15`08'13"W 13,0.00 feet to the southwesterly right-cf-w•ay line of said U.S. Highway 6 and 24; thence the following two courses along said southwesterly right-of-way line: (1) 400.12 feet along the arc of a curve to the right, having a radius of 1960.00 feet, a central angle of 11041'47", and a chord that bears N69`00'54"W 399.42 feet; (2) N63°10'00"W 100.72 feet; thence, departing said southwesterly right-of-way line, N26050'00"E 123.00 feet to the southwesterly line of said Sun River Condominiums and the northeasterly right-of-way line of U.S. Highway 6 and .24; thence, along said common line, the following three courses: (1) S79052'00"E 24.35 feet; (2) S630 10'00"E 77.40 feet; (3) 34.82 feet along the arc of a curve to the left, having a radius of 1830.00 feet, a central angle of 01 "05'25", and a chord that bears S63`42'43"E 34.82 feet; thence, departing said common line, N60`53'00'B 102.46 feet, along the westerly line of the 60 foot wide public right-of--way as shown on said (Corrected) Final Plat Condominium Map SUN RIVER CONDOMINIUMS, to the northeasterly line of said Sum River Condominiums and the southwesterly line. of said McGrady Acres; thence, along said common line the following two courses: (1) N47°59'03"W 198.62 feet; (2) N37°40'59"W 102.73 feet to the most westerly comer of said McGrady Acres and the existing Town of Avon boundary; thence, departing said common line, N45°53'00"E 125.14 feet along the 782683 Page: 12 of 18 snemx ecwwrtx A-1 ! 01//14/2002 04:46P Sara J Fisher Eagle, Co 289 R 90.00 D 0.00 northwesterly line of McCrady Acres and the existing Town of Avon Boundaty; thence, departing the existing Town of Avon boundary, S40°32'42"E 318.00 feet along the southwesterly line of Lot 6, said McGrady Acres to the southeasterly line of said Lot 6 and the northwesterly right-of-way line of said Nottingham Ranch Road; thence, along said common line, the following four courses: (1) N60°52'49"E 18.00 feet;,(2) 17031 feet along the arc of a curve to the right, having a radius of 570.00 feet, a central angle of 17°07'12", and a chord that bears N69°26'25"E 169.69 feet; (3)N78°00'01"E 93.40 feet; (4) 19.13 feet along the arc of a curve to the left, having a radius of 487.63 feet, a central angle of 02°1451", and a chord that bears N76°52'36"E 19.13 feet to the most easterly comer of said Lot 6; thence, departing said common line, N57°59'05"W 462.86 feet, along northeasterly line of said Lot 6, to t}ie northwesterly line of said McCrady Acres and the existing Town of Avon boundary; thence, departing said. northeasterly line, N45°53'00' 240.92 feet along said northwesterly line of McGrady Acres and the existing Town of Avon boundary to the northwest cornet of said McGrady Acres; thence, departing said northwesterly line of McGrady Acres and said existing Town of Avon boundary, N25°38'00"E 100.00 feet to the point of beginning, containing 11.49 arcs, more or less. a 782683 j Page: 13 of 18 01/14/2002 04:46P'; ,Sara J Fisher Eagle, CO 289 R 90.00 D 0.00 JrAla,7 NAM A-2 EXHIBIT B TO PETITION FOR ANNEXATION Legal Description of Property Owned by Each Petitioner Name of Lamdowner/Petition er: EMD LIMITED LIABILITY COMPANY, a Colorado limited liability company Lot Z McGrady Acres, according to the final plat thereof recorded in Book 558 at Page 533, in the off ce of the Eagle County, Colorado, Clerk and Recorder. Name of Landovvner/Petitioner. TRAER CREEK LLC, a Colorado limited liability - - company Lots- 3, 4 and 5 McGrady Acres, according to the final plat thereof recorded in Book 558 at Page 533, in the office of the Eagle County, Colorado, Clerk and Recorder. C 782683 1 Page: 14 ® of 18 01//14/290204:46PI Sara J Fisher Eagle, CO 289 R 90.00 0 0.00 3nWJ WAVER B-1 EXHIBIT TO PETITION FOR ANNEXATION Affidavit of Circulator The undersigned, being of lawful age,. who being first drily' sworn upon oath deposes and says: That he was the circulator of the foregoing Petition for Annexation of lands to the Town of Avon, consisting of _1_ pages including this page, and that the signatures of the Peitioners thereon were witnessed by the circulator and are the true -and original signatures of the persons whosemarnes they purport to be, and that the dates of such signatures `orrect. Circulator STATE OF C cub R*Q% ) - ) as. COUNTY-OF T-Wil ) The foregoing AFFIDAVIT OYCIRCULATOR was subscribed and sworn to before me this 1%-t day of Art.v~-r , 2001, by wtw t,m Witness my hand and official seal. My commission expires: 12• V 2t is 782683 Page: 15 of 18 Sara J Fisher Eagle, CO 289 R 90.00 1/t4D20.00 4:48PI jj a 2 Kama CERTIFICATE OF PUBLICATION I, Kris Nash, Town Clerk for the Town, of Avon, Colorado, hereby certify that a true ~L '.and full copy of the Town of Avon Ordinance Number 01-14, Series of 2001.was published in the (7~ p Val Valley FT1tPTz1TiCA a newspaper of general circulation in the Town of Avon, Colorado, on Navember 8 , 2001. A copy of the published text is attached hereto. Date: Clerk Page: IarIVI , Fisher 299 R 90. D 0. 09 5211793 CAMaC 10/4/015 48 PM ' t N_ 25946 STATE OF COLORADO COUNTY OF EAGLE • PROOF OF PUBLICATION SS. 0 I, Don Rogers, do solemnly swear that I am the Managing Editor of The Eagle Valley Enterprise, that the same weekly newspaper printed, in whole or in part and published in the County of Eagle, State of Colorado, and has a general circulation therein; that said newspaper has been published continuously and uninterruptedly in said County of Eagle for a period of more than fifty-two consecutive weeks next prior to the f rst publication of the annexed legal notice or advertisement; that said newspaper has been admitted to the United States mails as a periodical under the provisions of the Act of March 3, 1879, or any amendments thereof, and that said newspaper is a weekly newspaper duty qualified for publishing legal notices and advertisements within the meaning of the laws of the State of Colorado. That the annexed legal notice or advertisement was published in the regular and entire issue of every number of said weekly newspaper for the period of consecutive insertions; and that the first publication of said notice was in the issue of said newspaper dated d:....... A.D...... ~ ®P..-/~...Iandd'that the last publication of said notice was in the issue of said newspaper dated.Y^ '[.y C.L~&. A.D.......... c2h" .1 In witness whereof I have hereunto set my hand this ......q.... day of Managing Editor Subscribed and sworn to befor me, a notary public in and for the County of Eagle, State of Colorado, this day of UYX Notary Public My Commission expires f 782683 Page; 17 of 18 i/ ,Sara J Fisher Eagle, CO 289 R 90.00 14D 0000 4:48P 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 5:30 P.M. ON THE, 23rd DAY OF OCTOBER 2001, AT THE TOWN OF AVON MUNICIPAL'BUILDING FOR THE PURPOSE OF CONSIDERING THE ADOPTION OF ORDINANCE NO.01-14, SERIES OF 2001: An Ordinance Concerning the Annexation to the Town of Avon, Colorado, of Certain Property as Described in the McCrady Acres Petition for Annexation 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 is given and posted by order of the Town Council of the Town of Avon, Colorado bated this 10th day of October, 2001. TOWN F ON, COLORADO BY: 's Nash Town' Clerk POSTED AT THE FOLLOWING PUBLIC PLACES WITHIN THE TOWN OF AVON ON OCTOBER 10, 2001: AVON MUNICIPAL BUILDING IN THE MAIN LOBBY ALPINE BANK AVON, RECREATION CENTER CITY MARKET IN THE MAIN LOBBY 782683 Page: 18 of 18 ,Sara J Fisher Eagle, CO 299 R 90.00 1/14D20 00 4:46Pi TOWN OF AVON ORDINANCE NO. 01-14 SERIES OF 2001 AN ORDINANCE CONCERNING THE ANNEXATION TO THE TOWN OF AVON, COLORADO, OF CERTAIN PROPERTY AS DESCRIBED IN THE MCGRADY ACRES PETITION FOR ANNEXATION. WHEREAS, on August 2, 2001, EMD LIMITED LIABILITY COMPANY and TRAER CREEK LLC filed with the Town Clerk for the Town of Avon ("Town") the petition for annexation ("Petition") requesting that the Town Council, of the Town ("Town Council") commence proceedings to annex to the Town certain unincorporated tract or tracts of land located in Eagle County, Colorado, and described on Exhibit A attached hereto and incorporated herein by this reference (the "Annexation Property"); and WHEREAS, the Town Council, by Resolution Number 01-27, Series of 2001, attached hereto and incorporated herein by this reference as Exhibit B. has determined with regard to the Petition that, pursuant to Section 31-12-110, C.R.S.: (1) the, applicable parts of Sections 31-12-104 and.31-12-105, C.R.S., have been met; (2) an election is not required under Sections 31712-107(2) or 31-12-112, C.R.S.; and (3) no additional terms and'conditions are to be imposed on the Petition; WHEREAS, the Town Council held public hearings at which it received evidence and testimony pertaining to the annexation of the Annexation Property, at the conclusion of which the Town Council considered such evidence and testimony so introduced, and by this Ordinance sets forth its findings of fact and conclusions. THE TOWN COUNCIL MAKES THE FOLLOWING FINDINGS OF FACT AND CONCLUSIONS: 1. The submission, processing, consideration and approval of the Petition have fully met and complied with all applicable laws and, regulations of-the State of Colorado and the Town, including, without limitation, Article H, Section 30 of the Colorado constitution and Sections 3'1-12-101 through 31-12-123, C.R.S. 2. All public hearings 'concerning whether the Town should annex the Annexation Property have been held and conducted in accordance with all applicable laws and regulations of the State of Colorado.and the Town. 3. All notices required for the, public hearings at which the Town Council considered the Petition were properly and timely published,' posted or mailed in accordance with all applicable laws and regulations of the State of Colorado and the Town. 4. In order to -encourage well-ordered development to the Town, it is desirable that the Annexation Property be annexed to the Town. 521179 3 CAMALC 1014101 5 48 PM 5. The : annexation of the Annexation Property, to the Town is in the best interests of the public health, safety and general welfare of the people of the Town. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO THAT: Section 1. The annexation to the Town of the Annexation Property be, and is hereby approved and said real property as described on the annexation map accompanying the Petition is hereby annexed to the Town. Section 2. As required by statute, the Town shall: (a) File one copy of the annexation map with the original of this Ordinance in the office of the Town Clerk for the Town; and (b) Subject to the terms of Section 18 of the Petition, file for recording three certified copies of this Ordinance and of the map of the area annexed containing a legal description of such area with the Clerk and Recorder of Eagle County, Colorado. Section 3. The Town Clerk is hereby authorized and directed to publish the full text of this Ordinance in a newspaper of general circulation within the Town (i.e., the Vail Valley Times or the Eagle Valley Enterprise, or both) on the next available publication date. Section 4. The effective date of this Ordinance shall be seven (7) days after publication of the notice described in Section 3 above. INTRODUCED, PASSED ON FIRST READING, APPROVED AND ORDERED PUBLISHED this 9 day of Octobe2001 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 23 day of October, 2001 at 5:30 p.m. in the Avon Municipal Complex, 400 Benchmark Road, Avon, Colorado. TOWN OF AVON By: raa o de or of the Town of Avon, Colorado 521179 3 CAMAW 10/4101 5 48 PM 2 INTRODUCED, PASSED ON SECOND, READING, APPROVED AND ORDERED PUBLISHED this 23 day of October , 2001. TOWN OF AVON By: - Ju y oder Mayor of the Town of Avon, Colorado APPROVED AS TO FORM: Burt Levin, Esq. Town Attorney 521179 3 CAMALC 10/4/015 48 PM 3 Town Clerk Town Clerk EXHIBIT A TO ORDINANCE NUMBER 01-14, SERIES OF 2001 (Legal Description of Annexation Property) Those parts of the Denver and Rio Grande Western Railroad right-of-way and those parts of U.S. Highway 6 and 24 right-of-way, both lying in the S 1/2'Section 7, Township 5 South, Range 81 West of the Sixth Principal Meridian, Eagle County, Colorado; together with those parts of McCrady Acres, according to the final plat thereof recorded in Book 558 at Page 533 in the office of the Eagle County, Colorado, Clerk and Recorder; together with the 60 foot wide public right-of-way shown on (Corrected) Final Plat - Condominium Map SUN RIVER CONDOMINIUMS according to the map thereof recorded in Book 318 at Page 186 in the office of said Clerk and Recorder, all being described as a whole as follows: Beginning at a point on the existing Town of Avon boundary and the northerly right-of-way line of the Denver and Rio Grande Western Railroad, whence the northwest comer of said McCrady Acres bears S25°38'00"W 100.00 feet; thence the following four courses along said common line: (1) S64°22'00'E 376.11 feet; (2) 28.04 feet along the arc of a curve to the left, having a radius of 1860.00 feet, a central angle of 00°51'50", and a chord that bears S64°47'55"E 28.04 feet; (3) S00°12'23"E 22.04 feet; (4) 548.06 feet along the arc of a curve to the left, having a radius of 1880.00 feet, a central angle of 16°42'10", and a chord that bears S73°51'55"E 546.11 feet; thence, departing said common line, S07°47'00"W 60.00 feet to a point on the southerly right-of-way line of said Denver and Rio Grande Western Railroad and the northerly right-of-way line of Nottingham Ranch Road as shown on said final plat of McCrady Acres; thence the following two courses along said common line: (1) S82°13'00"E 1136.53 feet; (2) 42.66 feet along the arc of a curve to the right, having a radius of 5699.70 feet, a central angle of 00°25'44", and a chord that bears S82°00'09"E 42.66 feet; thence, departing said common line and continuing the following nine courses along the easterly, southerly and southeasterly right-of-way lines of said Nottingham Ranch Road: (1) 209.28 feet along the arc of a curve to the right, having a radius of 120.00 feet, a central angle of 99°55'26", and a chord that bears S57°49' 17"W 183.75 feet; (2) N72°13'00"W 277.44 feet; (3) N82°13'00"W 1056.24 feet; (4) 167.20 feet along the arc of a curve to the left, having a radius of 265.00 feet, a central angle of 36°09'00", and a chord that bears S79°42'30"W 164.44 feet; (5) S61 °38'00"W 113.82 feet; (6) 159.29 feet along the arc of a curve to the right, having a radius of 557.63 feet, a central angle of 16°22'00", and a chord that bears S69°49'00"W 158.75 feet; (7) S78°00'01"W 93.40 feet; (8) 149.40 feet along the arc of a curve to the left, having a radius of 500.00 feet, a central angle of 17°07' 12", and a chord that bears S69°26'25"W 148.85 feet; (9) S60°52'49"W 101.94 feet to the southwesterly line of said McCrady Acres and the northeasterly line of said Sun River Condominiums; thence, along said common line, S47°59'03"E 0.24 feet; thence, departing said common line, S60°53'00"W 78.88 feet, along the easterly line of the 60 foot wide public right-of-way shown on said (Corrected) Final Plat - Condominium Map SUN RIVER CONDOMINIUMS, to the southwesterly line of said Sun River Condominiums and the northeasterly right-of-way line of said U.S. Highway 6 and 24; thence, along said common line, 264.30 feet along the arc of a curve to the left, having a radius of 1830.00 feet, a central angle of 08°16'30", and a chord that bears S70°43'32"E 264.07 feet; thence, departing said common line, S15°08'13"W 130.00,feet 521179 3 CAMALC 10/4/01 5 58 PM A-1 to the southwesterly right-of-way line of said U.S. Highway 6 and 24; thence the following two courses along said southwesterly right-of-way line: (1) 400.12 feet along the arc of a curve to the right, having a radius of 1960.00 feet, a central angle of 11 °41'47", and a chord that bears N69°00'54"W 399.42 feet; (2) N63°10'00"W 100.72 feet; thence, departing said southwesterly right-of-way line, N26°50'00"E 123.00 feet to the southwesterly line of said Sun River Condominiums and the northeasterly right-of-way line of U.S. Highway 6 and 24; thence, along said common line, the following three courses: (1) S79°52'00"E 24.35 feet; (2) S63°10'00"E 77.40 feet; (3) 34.82 feet along the arc of a curve to the left, having a radius of 1830.00 feet, a central angle of 01°05'25", and a chord that bears S63°42'43"E 34.82 feet; thence, departing said common line, N60°53'00"E 102.46 feet, along the westerly line of the 60 foot wide public right- of-way as shown on said (Corrected) Final Plat - Condominium Map SUN RIVER CONDOMINIUMS, to the northeasterly line of said Sun River Condominiums and the southwesterly line of said McCrady Acres; thence, along said common line the following two courses: (1) N47°59'03"W 198.62 feet; (2) N37°40'59"W 102.73 feet to the most westerly corner of said McCrady Acres and the existing Town of Avon boundary; thence, departing said common line, N45°53'00"E 125.14 feet along the northwesterly line of McCrady Acres and the existing Town of Avon Boundary; thence, departing the existing Town of Avon boundary, S40°32'42"E 318.00 feet along the southwesterly line of Lot 6, said McCrady Acres to the southeasterly line of said Lot 6 and the northwesterly right-of-way line of said Nottingham Ranch Road; thence, along said common line, the following four courses: (1) N60°52'49"E 18.00 feet; (2) 170.31 feet along the arc of a curve to the right, having a radius of 570.00 feet, a central angle of 17°07'12", and a chord that bears N69°26'25"E 169.69 feet; (3)N78°00'.01"E 93.40 feet; (4) 19.13 feet along the are of a curve to the left, having a radius of 487.63 feet, a central angle of 02°14'51", and a chord that bears N76'52'3 6"E 19.13 feet to the most easterly comer of said Lot 6; thence, departing said common line, N57°59'05"W 462.86 feet, along northeasterly line of said Lot 6,- to the northwesterly line of said McCrady Acres and the existing Town of Avon boundary;, thence, departing said northeasterly line, N45°53'00"E 240.92 feet along said northwesterly line of McCrady Acres and the existing Town of Avon boundary to the northwest comer of said McCrady Acres; thence, departing said northwesterly line of McCrady Acres and said existing Town of Avon boundary, N25°38'00"E 100.00 feet to the point of beginning, containing 11.49 acres, more or less. 521179 3 CAMAW 10/4/01 5 48 PM 2 EXHIBIT B TO ORDINANCE NUMBER 01-14, SERIES OF 2001 (Copy of Resolution Number 01-27, Series of 2001) 5211793 CAMALC 10/4/01548PM B-1 RESOLUTION NO.01-27 SERIES OF 2001 A RESOLUTION SETTING FORTH FINDINGS OF FACT AND CONCLUSIONS REGARDING THE PUBLIC HEARING HELD ON THE ANNEXATION PETITION FILED BY EMD LIMITED LIABILITY COMPANY AND TRAER CREEK LLC CONCERNING A PORTION OF THE LAND KNOWN AS MCGRADY ACRES. WHEREAS on August 9, 2001, Petitioners EMI) Limited Liability Company and Traer Creek LLC filed with the Town Clerk a Petition for Annexation (Exhibit A hereto) concerning a portion of the land known as McGrady Acres and as particularly described in such petition, which petition was referred to the Town Council; and WHEREAS by Resolution No. 01-18 the Town Council scheduled a public hearing on said petition -in accordance with C.R.S. § 31-12-107, and WHEREAS following public notice the Town Council held a hearing on said petition on September 25, 2001; NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO: Section 1. The Town Council hereby finds that the petition complies with the provisions of C.R.S. § 31-12-107. Section 2: The Town Council hereby finds that the petition meets the requirements of C.R.S. 31-12-104 and 31-12-105. Section 3. The Town Council hereby finds that an election on the petition is not required under C.R.S. § 31-12-107(2) Section 4. The Town Council hereby finds that no additional terms and conditions are to be imposed in connection with the petition. Section 5. The Town Council concludes that the area proposed in the petition to be annexed into the Town of Avon is eligible for annexation. ADOPTED this 25th day of September, 2001. TOWN OF AVON, COLORADO J Yoder A ash, Town Clerk APPROVED AS TO FORM: Burt Levin, Town Attorney PETITION FOR ANNEXATION TO THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO: The undersigned (collectively, "Petitioners', in accordance with the municipal Annexation Act of 1965 as set forth in Article 12, Title 31, Colorado Revised Statutes, as .amended and as in effect on the submission date set forth below ("Annexation Atx'h, hereby petition ("Peti the Town Council of the Town of Avon, Colorado ("Council'), to annex to the Town of Avon ("Town'] the unincorporated territory located in the County of Eagle, State of Colorado, which property is more particularly described in Exhibit- A attached hereto and incorporated herein by reference ("Property'). In support of this Petition, Petitioners allege that: It is desirable and necessary that the Property be annexed to the Town. 2. The requirements of Sections -104 and -105 of the Annexation Act exist or have been met. 3. Not less than one-sixth (1/6) of the perimeter of the Property is contiguous with the Town's current municipal boundaries. 4. A community of interest exists between the Property and the Town. 5. The Property is urban or will be urbanized in the near future. 6. The Property is integrated with or is capable of being integrated with the Town. 7. The Petitioners comprise more than fifty percent (50%) of the landowners in the Property owning more than fifty percent (5,0%) of the Property, excluding public streets, and alleys and any land owned by the annexing municipality, and the Petitioners hereby consent to the establishment of the boundaries of the Property as shown on the annexation plat submitted herewith. 8. The Property is not presently a part of any incorporated city, city and county, or town; no proceedings have been commenced for incorporation or annexation of part or all of the Property to any other municipality; no election for annexation of the Property or substantially the same territory to the Town has been held within the twelve (12) months immediately preceding the filing of this Petition. 9. The proposed annexation will not result in detachment of area from any school district or attachment of same to another'school district. 10. Except to the extent necessary to avoid dividing parcels within the Property held in identical ownership, at least fifty percent (50%) of which are within the three (3) mile limit, the proposed annexation will not extend the municipal boundary of the Town more than three (3) miles in any direction from any point of the current municipal boundary. 11. The proposed annexation will not result in the denial of reasonable access to any landowner, owner of an easement, or owner of a fianchise adjoining' a platted street or alley which has been annexed by the Town but is not bounded on both sides by the Town. 12. In establishing the boundaries of the Property, no land which is held in identical ownership, whether consisting of a single tract or parcel of real estate or two or more'comiguous tracts or parcels of real estate: (a) is being divided into separate parts or parcels without the written consent of the landowner or landowners thereof unless such tracts or parcels are separated by a dedicated street, road, or other public way; or (b) comprising twenty (20) acres or more and together with buildings and improvements situate thereon having a valuation for assessment in excess of $200,000.00 for ad valorem tax purposes for the year next preceding the proposed annexation, is included in the Property without the written consent of the landowner or landowners. srAW W AYM 13. If a portion of a platted street or alley is to be annexed, the entire width thereof is • included within the Property. 14. The legal description of the land owned by the Petitioners is set forth underneath the name of each such Petitioner on Exhibit B. attached hereto and incorporated herein by this reference. 15. The affidavit of the circulator of this Petition certifying that each signature on this Petition is the signature of the person whose name it purports to be and certifying the accuracy of the date of such signature is attached hereto as Exhibit- C and is incorporated herein by this reference. 16. This Petition is accompanied by four prints of an annexation map containing, among other things, the following information: (a) A written' legal description of the boundaries of the Property; (b) A map showing the boundary of the Property; (c) within the annexation boundary map, a showing of the location of each ownership tract in unplatted land and, if part or all of the area is platted, the boundaries and the plat numbers of plots or of lots and blocks; and (d) Next to the boundary of the Property, a drawing of the contiguous boundary of the annexing municipality abutting the Property. 17. In connection with the processing of this Petition, the Petitioners request that the Town: (a) Institute zoning and subdivision approval processes for the Property in accordance with applicable provisions of the Municipal Code of the Town of Avon and in accordance with Section -115 of the Annexation Act; and (b) Approve and execute an annexation and development agreement ("Annexation and Development Agreement") which establishes vested property rights for the property for an agreed upon term of greater than three years, pursuant to Chapter 17.14 of the Municipal Code of the Town of Avon and Article 68,, Title 24, Colorado Revised Statutes, and which otherwise establishes the development plan for the Property. 18. Petitioners have filed this Petition subject to the following conditions: (a) Concurrently with its approval of annexation of the Property, the Town Council: (i) approves for those portions of the Property which are not public right-of-way zoning and subdivision which is substantially consistent with the applications for zoning and subdivision which Petitioners Traer Creek LLC and EMD Limited Liability Company submit in connection with this Petition; and (ii) approves and authorizes execution of the Annexation and Development Agreement. (b) Petitioner Traer Creek LLC shall have the right, with or without the consent or agreement of any other landowner within the Property, to withdraw this Petition by so notifying the Town Clerk in writing prior to the fortieth (40th) day after the latest effective date of the final ordinances or resolutions approving annexation of the Property, the Annexation and Development Agreement, or zoning or subdivision of the property; provided, however, that such withdrawal right may be exercised only if a third party commences a formal challenge to any of the approvals within such period. (c) Prior to expiration of the period described in the foregoing subparagraph (b) without Petitioner Traer Creek LLC having withdrawn the Petition, neither Petitioners nor the City shall cause or permit the occurrence of the conditions to effectiveness of the annexation as set forth in Section -113(2)(b) of the Annexation Act. ® 19. Upon the annexation of the Property becoming effective, and subject, to the conditions set forth' in this Petition and to be set, forth in the Annexation and Development Agreement, the Property shall become subject to all ordinances, resolutions, rules and 100.2 MAYO regulations of the Town, except as otherwise set forth in the Annexation and Development Agreement, and except for general property taxes of the Town which shall become effective on January 1 of the next succeeding year following adoption of the annexation ordinance. 20. Except for the terns and conditions of this Petition and of the Annexation and Development Agreement, which terms and conditions Petitioners expressly approve and therefore do not constitute an imposition of additional terns and conditions within the meaning of Section -I 07(1)(g) of the Annexation Act, Petitioners request that no additional terns and conditions be imposed upon annexation of the Property to the Town. THEREFORE, Petitioner; request that the Town Council of the Town of Avon, Colorado, complete and approve the annexation of the Property pursuant to the provisions of the Municipal Annexation Act oft965, as amended. Respectfully submitted this jjddday of ~ 69,fus7- .2001. Signatures of Landownerwftditioners: EMD LIMITED LIABILITY COMPANY, a Colorado limited liability company By:LAVA CORPORATION, a Colorado corporation, its Manager Naafi Ma Lindholm Title: ident Date of Signature: 944 / Mailing Address: P.O. Box 640 Vail, CO 81658 Attn: William J. Post, Esq. Resident of the Property? NO TRAER CREEK LLC, a Colorado limited liability company By: - Nam :Magnus dhohn Title: Manager Date of Signature- ?"I Mailing Address: P.O. Box 640 Vail, CO 81658 Attn: William J. Post, Esq. Resident of the Property? NO E EXHIBIT A • TO PETITION FOR ANNEXATION Legal Description of the Property Those parts of the Denver and Rio Grande Western Railroad right-of-way and those parts of U.S. Highway 6 and 24 right-of-way, both lying in the S 1/2 Section 7, Township 5 South, Range 81 West of the Sixth Principal Meridian, Eagle County, Colorado; together with those pmts of McGrady Acres, according to the final plat thereof recorded in Book 558 at Page 533 in the office of the Eagle County, Colorado, Clerk and Recorder; together with the, 60 foot wide public right-of-way shown on (Corrected) Final Plat - Condominium Map SUN RIVER CONDOMINIUMS according to the map thereof recorded in Book 318 at Page 186 in the office of said Clerk and Recorder, all being described as a whole as follows: Beginning at a point on the existing Town of Avon boundary and the northerly right-of-way line of the Denver and Rio Grande Western Railroad, whence the northwest corner of said McCrady common Acres bears S25°38'00"W 100.00 feet; thence the following four courses along said line: (1) S64°22'00'E 376.11 feet; (2) 28.04 feet along the arc of a curve to the left, having a radius of 1860.00 feet, a central angle of 00°51'50", and a chord that bears S64°47'55"E 28.04 feet; (3) S00°12'23"E 22.04 feet; (4) 548.06 feet along the arc of a curve to the left, having a radius of 1880.00 feet, a central angle of 16042'10", and a chord that bears S73°51'55"E 546.11 feet; thence, departing said common line, S07°47'00"W 60.00 feet to a point on the southerly right-of-way line of said Denver and Rio Grande Western Railroad and the northerly right-of- way line of Nottingham Ranch Road as shown on said final plat of McCrady Acres; thence the following two courses along said common line: (1) S82°13'00"E 1136.53 feet; (2) 42.66 feet along the arc of a curve to the right, having a radius of 5699.70 feet, a central angle of 00°25'44", and a chord that bears S82°00'09"E 42.66 feet; thence, departing said common line and continuing the following nine courses along the easterly, southerly and southeasterly right- of-way lines of said Nottingham'Ranch Road: (1) 209.28 feet along the arc of a curve to the right, having a radius of 120.00 feet, a central angle of 99°55'26", and a chord that bears S57049'1T'W 183.75 feet; (2) N72°13'00"W 277.44 feet; (3) N82013'00"W 1056.24'feet; (4) 167.20 feet along the arc of a curve to the left, having a radius of 265.00 feet, a central angle of 36009'00", and a chord that bears S79°42'30"W 164.44 feet; (5) S61°38'00"W 11342 feet; (6) 15929 feet along the arc of a curve to the right, having a radius of 557.63 feet, a central angle of 16°22'00", and a chord that bears S69°49'00"W 158.75 feet; (7) S78°00,01"W 93.40 feet; (8) 149.40 feet along the arc of a curve to the left, having a radius of 500.00 feet, a central angle of 17°0712", and a chord that bears S69°26'25"W 148.85 feet; (9) S60°52'49"W 101.94 feet to the southwesterly line of said McGrady - Acres and the northeasterly line of said Sun River Condominiums; thence, along said common line, S47°59'03"E 024 feet; thence, departing said common line, S60°53'00"W 78.88 feet, along the easterly line of the 60 foot wide public right- of-way shown on said (Corrected) Final Plat - Condominium Map SUN RIVER CONDOMINIUMS, to the southwesterly line of said Sun River Condominiums and the northeasterly right-of-way line of said U.S. Highway 6 and 24; thence, along said common line, 26430 feet along the arc of a curve to the left, having a radius of 1830.00 feet, a central angle of 08016'30, and a chord that bears S70°43'32"E 264.07 feet; thence, departing said common line, S 15008'l 3"W 130.00 feet to the southwesterly right-of-way line of said U.S. Highway 6 and 24; thence the following two courses along said southwesterly right-of-way line: (1) 400.12 feet along the arc of a curve to the right, having a radius of 1960.00 feet, a central angle of 11°41'47", and achord that bears N69°00'54"W 399.42 feet; (2) N63°10'00"W 100.72 feet; thence, departing said southwesterly right-of-way line, N26°50'00"E 123.00 feet to the southwesterly line of said Sun River Condominiums and the northeasterly right-of-way line of U.S. Highway 6 and 24; thence, along said common line, the following three courses: (1) S79°52'00"E 24.35 feet; (2) S63°10'00"E 77.40 feet; (3) 34.82 feet along the arc of a curve to the left, having a radius of 1830.00 feet, a central angle of 01005'25", and 'a chord that bears S63°42'43"E 34.82 feet; thence, departing said common line, N60°53'00"E 102.46 feet, along the westerly line of the 60 foot wide public right-of-way as shown on said (Corrected) Final Plat - Condominium Map SUN RIVER 'CONDOMINIUMS, to the northeasterly line of said Sun ® River Condominiums and the southwesterly line of said McCrady Acres; thence, along said common line the following two courses: (1) N47059'03"W 198.62 feet; (2) N37°40'59"W 102.73 feet to the most westerly corner of said McCrady Acres and the existing Town of Avon boundary; thence, departing said common line, N45053'00"E 125.14 feet along the 56MI WAYM A-1 northwesterly line of McGrady Acres and the existing Town of Avon Boundary, thence, departing the existing Town of. Avon boundary, S40°32'42"E 318.00 feet along the • southwesterly line of Lot 6, said McGrady Acres to the southeasterly line of said Lot 6 and the northwesterly right-of-way line of said Nottingham Ranch Road; thence, along said common line, the following four courses: (1) N60052'49"E 18.00 feet; (2) 170.31 feet along the arc of a curve to the right, having a radius of 570.00 feet, a central angle of 17°07'12", and a chord that bears N69°26'25"E 169.69 feet; (3)N78°00'01°'B 93.40 feet; (4) 19.13 feet along the arc of a curve to the left, having a radius of 487.63 feet, a central angle of 02°]4'51", and a chord that bears N76°52'36"E 19.13 feet to the most easterly comer of said Lot 6; thence, departing said common line, N57°59'05"W 462.86 feet, along northeasterly line of said Lot 6, to the northwesterly line of said McGrady Acres and the existing Town of Avon boundary, thence, departing said northeasterly line, N45°53'00"E 240.92 feet along said northwesterly line of McGrady Acres and the existing Town of Avon boundary to the northwest corner of said McGrady Acres; thence, departing said northwesterly line of McGrady Acres and said 'existing Town of Avon boundary, N25°38'00"B 100.00 feet to the point of beginning, containing 11.49 acres, more or less. n L-I • sews %"To A-2 EXHIBIT B TO PETITION FOR ANNEXATION Legal Description of Property Owned by Each Petitioner Name of Landowner/Petitioner: EMD LIMITED LIABILITY COMPANY, a Colorado limited liability company Lot 2, McGrady Acres, according to the final plat thereof recorded in Book 558 at Page 533,'in the office of the Eagle County, Colorado, Clerk and Recorder. Name of Landowner/Petitioner: TRAER CREEK LLC, a Colorado limited liability company Lots 3, 4 and 5 McGrady Acres, according to the final plat thereof recorded in Book 558 at Page 533, in the office of the Eagle County, Colorado, Clerk and Recorder. 0 • Haw MUM B-1 EXHIBIT C TO PETITION FOR ANNEXATION Affidavit of Circulator The undersigned, being of lawful age,. who being first duly sworn upon oath deposes and says: That he was the circulator of the foregoing Petition for Annexation of lands to the Town of Avon, consisting of _1*7_ pages including this page, and that the signatures of the Peitioners thereon were witnessed by the circulator and are the true and original signatures of the persons whose names they purport to be, and that the dates of such signatures are correct. Circulator STATE OF Coo t ) ) as. COUNTY OF EW%k ) The foregoing AFFIDAVIT OF' CIRCULATOR was subscribed and sworn to before me this Ism . day of kuvs-r , 2001, by wtw #,n J. %sT Witness my hand and official seal. My commission expires: 12-IL-2-4 • • • 51M.3 "AM CERTIFICATE OF PUBLICATION I, Kris Nash, Town .Clerk for the Town of Avon,, Colorado, hereby certify that a true and full copy of the Town, of Avon Ordinance Number 01-1.4, Series of 2001 was published in the p-agal P vaj,i Ge a newspaper of general circulation in the Town of Avon,. Colorado, on November 8 , 2001. A copy of the published text is attached hereto. Date: 3 ash Town Clerk 521179.3 CAMALC 10/4101 5.48 PM N_ 25146 PROOF OF PUBLICATION STATE OF COLORADO SS. COUNTY OF EAGLE I, Don Rogers, do solemnly swear that I am the Managing Editor of The Eagle Valley Enterprise, that the same weekly newspaper printed, in whole or in part and published in the County of Eagle, State of Colorado, and has a general circulation therein; that said newspaper has been published continuously and uninterruptedly in said County of Eagle for a period of more than fifty-two consecutive weeks next prior to the first publication of the annexed legal notice or advertisement; that said newspaper has been admitted to the United States mails as a periodical under the provisions of the Act of March 3, 1879, or any amendments thereof, and that said newspaper is a weekly newspaper duly qualified for publishing legal notices and advertisements within the meaning of the laws of the State of Colorado. That the annexed legal notice or advertisement was published in the regular and entire issue of every number of said weekly newspaper for the period of consecutive insertions; and that the first publication of said notice was in the issue of said newspaper dated ...d...•.... A.D..........~®P../..... and that the last publication of said notice was in the issue of said newspaper dated.IMVl~-~ b.. A.D........... 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U m y m a_ y m= T C 0 m y o CQ r U C O ° $c3ii T Qo .O Em¢u.mo=C'nmnm¢ a~' 22 S` STATE OF COLORADO ) COUNTY OF EAGLE ) SS TOWN OF AVON 1 NOTICE IS HEREBY GIVEN OF A PUBLIC HEARING BEFORE THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO AT 5:30 P.M. ON THE 23rd DAY OF OCTOBER 2001, AT THE TOWN OF AVON MUNICIPAL BUILDING FOR THE PURPOSE OF CONSIDERING THE ADOPTION OF ORDINANCE NO. 01-14, SERIES OF 2001: An Ordinance Concerning the Annexation to the Town of Avon, Colorado, of Certain Property as Described in the McGrady Acres Petition for Annexation 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 is given and posted by order of the Town Council of.the Town of Avon, Colorado Dated this 10th day of October, 2001. TOWN Q(F AVON, COLORADO BY: Kris Nash Town Clerk POSTED AT THE FOLLOWING PUBLIC PLACES WITHIN THE TOWN OF AVON ON OCTOBER 10, 2001: AVON MUNICIPAL BUILDING IN THE MAIN LOBBY ALPINE BANK AVON RECREATION CENTER CITY MARKET IN THE MAIN LOBBY Memo To: Honorable Mayor and Town Council Thru: Bill Efting, Town Manager From: Norm Wood, Town Engineeo/ Date: October 4, 2001 Re: McCrady Acres Annexation - First Reading Ordinance No. 01-14, Series of 2001 an Ordinance Concerning the Annexation to the Town of Avon, Colorado, of Certain Property as Described in the McCrady Acres Petition for Annexation Summary: EMD Limited Liability Company and Traer Creek LLC have filed a Petition for the Annexation of a portion of McCrady Acres Subdivision. The Petition has been found to be in substantial compliance with Colorado State Statutes as evidenced by approval of Resolution No. 01-18 Series of 2001. Following a public hearing regarding the annexation on September 25,2001, Resolution No. 01-27, Series of 2001 was approved. This Resolution found that the requirements for annexation were met and the annexation could proceed without election. First Reading approval of attached Ordinance No. 01-14, Series of 2001 will initiate the final steps in the annexation process. We recommend approval of Ordinance No. 01-14, Series of 2001, An Ordinance Concerning the Annexation to the Town of Avon, Colorado, of Certain Property as Described in the McCrady Acres Petition for Annexation. Recommendations: Approve Ordinance No. 01-14, Series of 2001, An Ordinance Concerning the Annexation to the Town of Avon, Colorado, of Certain Property as Described in the McCrady Acres Petition for Annexation. Proposed Motion: I move to approve Ordinance No. 01-14, Series of 2001, An Ordinance Concerning the Annexation to the Town of Avon, Colorado, of Certain Property as Described in the McCrady Acres Petition for Annexation. Town Manager Comments: 1AEngineeringWvon Village\Annexation\Annex Ord 01-14 Memo.Doc