TC Ord. No. 2002-10 Concerning the annexation to the TOA of certain property as described in the lot 6 Mcgrady acres subdivision petition for annexationTOWN OF AVON
ORDINANCE NO. 02-10
SERIES OF 2002
AN ORDINANCE CONCERNING THE ANNEXATION TO THE TOWN
OF AVON, COLORADO, OF CERTAIN PROPERTY AS DESCRIBED IN
THE LOT 6, MCGRADY ACRES SUBDIVISION PETITION FOR
ANNEXATION.
WHEREAS, on May 10, 2002, EDINBURGH CORPORATION, a Texas
corporation, 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 02-28, Series of 2002,
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 II, 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.
808989
Page: 1 of 17
521179.3 cnMnic 0ei3i02 951 AM 10/02/2002 01:11P:
Sara J Fisher Eagle, CO 289 R 86.00 D 0.00
4. In order to encourage well-ordered development to the Town, it is
desirable that the Annexation Property be annexed to the Town.
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 day of 2002 and a public hearing on this
ordinance shall be held at the regular meeting of~tAe Town Council of the Town of Avon,
Colorado, on the day of JQ~J , 2002 at 5'• 30 p.m. in the Avon Municipal
Complex, 400 Benchmark Road, Av n, C lorado.
TOWN OF AVON
By:
Jud oder
808989 Ma or of the Town of Avon, Colorado
Page: 2 of 17
10/02/2002 01:11P'
Sara J Fisher Eagle, CO 289 R 86_00 D 0.00
521179.3 CAMALC 05/30/02 2:05 PM 2
F,y 64
Attest:'
Patty ]
Town
INTRODUCED, PASSED O SECOND READING, APPROVED AND
ORDERED PUBLISHED this 97~1- day of rww , 2002.
TOWN OF AVON
By:
Jud oder
Ma or of the Town of Avon, Colorado
Attest:
APPROVED AS TO FORM:
`~1l
John D tsq.
Town =ey
IIN~Illllllrylll~~~ll~l~ll Page: 08989. P
10/02/2002 Sara J Fisher Eagle, CO 289 R 86. 00 D 0. 00
521179.3 CAMALC 05/30/02 2:05 PM 3
EXHIBIT A
TO
ORDINANCE NUMBER 02-10, SERIES OF 2002
(Legal Description of Annexation Property)
Lot 6, McGrady Acres, according to the final plat thereof recorded in Book 558 at Page 533, at
Reception No. 454664, in the office of the. Eagle County, Colorado, Clerk and Recorder,
EXCEPT that portion described as follows:
Beginning at the most easterly corner of said Lot 6; thence the following three courses along the
southeasterly line of said Lot 6; (1) 19.13 feet along the are of a curve to the right, having a
radius of 487.63 feet, a central angle of 02°14'51", and a chord that bears S76°52'36"W 19.13
feet; (2) S78°00'01 "W 93.40 feet; (3) 31.15 feet along the arc of a curve to the left, having a
radius of 570.00 feet, a central angle of 03°07'51", and a chord that bears S76°26'06"W 31.14
feet; thence, departing said southeasterly line, N50°51'55"E 45.70 feet; thence 60.15 feet along
the arc of a curve to the left, having a radius of 697.62 feet, a central angle of 04°56'23", and a
chord that bears N49° 14' 01 "E 60.13 feet to the northeasterly line of said Lot 6; thence
S57°59'05"E 69.88 feet, along said northeasterly line, to the point of beginning, containing 3425
square feet, more or less.
Page: 4 11P
10/02/2002 088s,
IIra IIIHpIIIIINIaIIIIIIIWININI , lllll~llllllUl , 8
521179.3 CAMALC 06/3/02 9:51 AM A-1
EXHIBIT B
TO
ORDINANCE NUMBER 02-10, SERIES OF 2002
(Copy of Resolution Number 02-28, Series of 2002)
808989
Page: 5 of 17
10/02/2002 01:11P
Sara J Fisher Eagle, CO 289 R 86.00 D 0.00
521179.3 CAMALC 07/5/021:18 PM D-1
RESOLUTION NO. 02-28
SERIES OF 2002
RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF AVON SETTING FORTH
FINDINGS OF FACT AND CONCLUSIONS REGARDING THE ANNEXATION OF
CERTAIN PROPERTY AS DESCRIBED AS THE LOT 6, MCGRADY ACRES PETITION
FOR ANNEXATION
WHEREAS, annexation proceedings were heretofore initiated by the filing on
May 10, 2002 of the Lot 6, McGrady Acres Petition for Annexation (the "Petition") for a portion of
certain property located in Eagle County, Colorado, and described on Exhibit A attached hereto (the
"Annexation Property"); and
WHEREAS, at a meeting on the 28th day of May, 2002, the Town Council passed
and adopted Resolution No. 02-22 finding substantial. compliance of Petition, and setting a hearing
to determine if the proposed annexation complies with Sections 31-12-104 and 31-12-105, C.R.S.,
and is eligible for annexation to the Town; and
WHEREAS, following notice given as required by law, the Town Council has held a
hearing on said annexation;
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE
TOWN OF AVON, COLORADO THAT:
Section 1. The Town Council hereby finds that Petition complies with the
provisions of Section 31-12-107, C.R.S.
Section 2. The Town Council hereby finds that, with respect to Petition, the
requirements of Article II, Section 30 of the Colorado Constitution and of the applicable parts of
Sections 3142-104 and 31-12-105, C.R.S., have been met. .
Section 4. The Town Council hereby finds that. no additional terms and
conditions are to be imposed upon annexation of that Annexation Property included in the Petition.
Section 5. The Town Council hereby finds that an election is not required under
Sections 31-12-107(2) or 31-12-112(1), C.R.S.
Section 6. The Town Council hereby finds that notice was given and a hearing
was held regarding the annexation in accordance with the requirements of Sections 31-12-108. and
31-12-109,:C.R.S., as applicable.
Section 7. The Town Council concludes that the Annexation Property included
in Petition is eligible for annexation to the Town of Avon.
Il~lnlu~~wl'~Ip'HA~G~pp 80898N
Page: 6 544252.1 CAMALC 07/3/02 9:02 AM
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of
Avon held this Crt'~-- day of , 2002.
Jud oder
Mayor of the Town of Avon, Colorado
ATTEST:
Patty cKe y'
Town r
~INII~III NINNNII~I~~INIA Y ~ 80898«
Sara J 544252.1 CAMALC 07/3/02.9:02 AM
PETITION FOR ANNEXATION
TO THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO:
EDINBURGH CORPORATION ("Petitioner'), 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'), hereby
petitions ("Petition's 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 ("Pro ert 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 ouhave
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 Petitioner comprises more than fifty percent (50%) of the landowners in the
Property owning more than fifty percent (50%) of the Property, excluding public streets, and
alleys and any land owned by the annexing municipality, and the Petitioner hereby consent to the
establishment of the boundaries of the Property as shown on the annexation plat submitted
herewith.
S. 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.
1111111111111111111111111111111111111111111111111111111 n 8 a89w`9„11.
Sara J Fisher Eagle, Co 289 R 86. 00 D 0. 00
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 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 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.
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 Petitioner is set forth underneath
a the name of Petitioner on Exhibit B, attached hereto and incorporated herein by this reference.
M m m 15. The affidavit of the circulator of this Petition certifying that each signature on this
00 m Petition is the signature of the person whose name it purports to be and certifying the accuracy of
co 01 N o the date of such signature is attached hereto as Exhibit C and is incorporated herein by this
reference.
CO
16. This Petition is accompanied by four prints of an annexation map containing,
CO among other things, the following information:
(a) A written legal description of the boundaries of the Property;
m
m
N (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
® W and the plat numbers of plots or of lots and blocks; and
~ L
®y (d) . Next to the boundary of. the Property, a drawing of the contiguous
boundary of the annexing municipality abutting the Property.
- L
A
N 17. In connection with the processing of this Petition, the Petitioner requests that the
Town institute a zoning approval process for the Property in accordance with applicable
provisions of the Municipal Code of the Town of Avon and in accordance with Section -1.15 of
the Annexation Act
18. Petitioner has filed this Petition subject to the following conditions:
(a) Concurrently with its approval -of annexation of the property, the Town
Council. approves for those portions of the Property that. are not public right-of-way
Neighborhood Commercial (NC) zoning which is consistent with the. application for
zoning which Petitioner submits in connection with this Petition.
(b) Petitioner shall have the right 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- and zoning 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 having withdrawn the Petition, neither Petitioner nor
the Town shall cause orpermit 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, the Property shall become subject to all ordinances,
resolutions, rules and 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 terms and conditions of this .Petition, which terms and conditions
Petitioners expressly approve and therefore do not constitute an imposition of additional terms
and conditions within the meaning of Section -107(1)(g) of the Annexation Act, Petitioner
request that no additional terms and conditions be imposed upon annexation of the Property to
Ahe Town.
THEREFORE, Petitioner requests that the Town Council of the Town of Avon,
Colorado, complete and approve the annexation of the Property pursuant to the provisions of the
Nuuicipal Annexation Act of 1965, as amended.
kv\
Respectfully submitted this day-of. 2002.
Signatures of Landowner/Petitioner:
EDINBURGH CORPORATION
By:C. 'MICH B N, ent
80898 By.
NA C-W
Page: 10 of e17 iP Titlee: Presidentefl Bowen
Sara J Fisher Eagle, CO 289 R 86.00 D 0.00 Date of Signature: -'~t g to Z
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 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 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 an d 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.
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 Petitioner is set forth underneath
a the name of Petitioner on Exhibit B, attached hereto and incorporated herein by this reference.
CY) m m 15. The affidavit of the circulator of this Petition certifying that each signature on this
00 o m m Petition is the signature of the person whose name it purports to be and certifying the accuracy of
01 00
o the date of such signature is attached hereto as Exhibit C and is incorporated herein by this
0 m ° reference.
00
16. This Petition is accompanied by four prints of an annexation map containing,
CO among other things, the following information:
(a) A written legal description of the boundaries of the Property;
N (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
W
L'
e N
(d) Next to the boundary of the Property, a drawing of the contiguous
boundary of the annexing municipality abutting the Property.
L.
17. In connection with the processing of this Petition, the Petitioner requests that the
Town institute a, zoning approval process for the Property in accordance with applicable
provisions of the Municipal Code of the Town of Avon and in accordance with Section -1.15 of
the Annexation Act
18. Petitioner has filed this Petition subject to the following conditions:
t
Mailing Address:
P.O. Box 3901
Avon, CO 81620
Attn: C. Michael Bowen.
Resident of the Property? NO
89'
IIII~IIIII~IIIIuIII289 ~IINul86. la 8 08911 of 17
Sara J
EXHIBIT A.
TO PETITION FOR ANNEXATION
Legal Description of the Property
Lot 6, -McGrady Acres, according to the final plat thereof recorded in Book 558 at Page 533, at
Reception No. 454664, in the office of the Eagle County, Colorado, Clerk and Recorder,
EXCEPT that portion described as follows:
Beginning at the most easterly comer of said Lot 6; thence the following three courses along the
southeasterly line of said Lot 6; (1) 19.13 feet along the are of a curve to the right, having 'a
radius of 487.63 feet, a central angle of 02°14'51", and a chord that bears S76052'36"W 19.13
feet; (2) S78°00'01 "W 93.40 feet; (3) 31.15 feet along the arc of a curve to the left, having a
radius of 570.00 feet, a central angle of 03°07'51", and a chord that bears $76°26'06"W 31.14
feet; thence, departing said southeasterly line, N50°51'55"E 45.70 feet; thence 60.15 feet along
the. arc of a curve to the left, having a radius of 697.62 feet, a central angle of .04°56'23", and a
chord that bears N49°14'01"E 60.13 feet to the northeasterly line of said Lot 6; thence
S57°59'05"E 69.88. feet, along said northeasterly line, to the point of beginning, containing 3425
square feet, more or less.
III~I IRIIIII„INII~I~IIII ~ 0899.'...
Sara J FisherEagle, 289 R 86-00
Mailing Address:
P.O. Box 3901
Avon, C081620
Attn: C. Michael Bowen.
Resident of the Property? NO
II~IIIIINuIu~II1IIII~II~IupN8089w~
Sara J
.n
EXHIBIT B
TO PETITION FOR ANNEXATION
Legal Description of Property Owned
by Petitioner
Name of Landowner/Petitioner: EDINBURGH CORPORATION
Lot 6, McGrady Acres, according to the final plat thereof recorded in Book 558 at Page.533, at
Reception No. 454664, in the office of the Eagle County, Colorado, Clerk and Recorder,
EXCEPT that portion described as follows in the office of the Eagle County, Colorado, Clerk
and Recorder, described as follows:
Beginning at the most easterly corner of said Lot 6; thence the following three courses along the
south-easterly line of said Lot 6; (1) 19.13 feet along the arc of a curve to the right, having a
radius of 487.63 feet, a central angle of 02°14'51", and a chord that bears S76°52'36"W 19.13
feet; (2) S78°00'01 "W 93.40 feet; (3) 31.15 feet along the arc of a curve to the left, having a
radius of 570.00 feet, a central angle of 03°07'51", and a chord that bears S76°26'06"W 31.14
feet; thence, departing said southeasterly line, N50°51'55"B 45.70 feet; thence 60.15 feet along
the arc of a curve to the left, having a radius of 697.62 feet, a central angle of 04°56'23", and a
chord that bears N49°14'01"E 60.13 feet to the northeasterly line of said Lot 6; thence
S57°59'05"E 69.88 feet, along said northeasterly line, to the point of beginning, containing 3425
square feet, more or less.
808989
Page: 13 of 17
Sara J 111111111111111111111111111 l~ llll 111111111111111111111 289 ~ e 10/02/2002 01
Q
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 pages including this page, and that the signature. of the
Peitioner thereon was witnessed by the circulator and is the true and original signature of the
person whose names it purports to be, and that the date of such si i ture is correct.
Circulator
STATE OF COLORADO )
).ss.
COUNTY OF EAGLE )
The foregoing AFFIDAVIT OF CIRCULATOR was ub cribed and swom to before me
this 9 day of K/uj
2002, by arAb
~Pr/iM'
Witness my hand and official seal.
My commission expires:
JIIII~IIIIIIIIIIIIII~WNIIVIIIIIIIIIIIN~~IIII "
e: 14 of Sara J.Fisher Eagle, Co 289 R 86. 00 D 0. 00
MY Commission Explres3J1112006
EXHIBIT B
TO PETITION FOR ANNEXATION
Legal Description of Property Owned
by Petitioner
Name of Landowner/Petitioner: EDINBURGH CORPORATION
Lot 6, McGrady Acres, according to the final plat thereof recorded in Book 558 at Page 533, at
Reception No. 454664; in the office of the Eagle County, Colorado, Clerk and Recorder,
EXCEPT that portion described as follows in the office of the Eagle County, . Colorado, Clerk
and Recorder, described as follows:
Beginning at the most easterly corner of said Lot 6; thence the following three courses along the
southeasterly line of said Lot 6; (1) 19.13 feet along the arc of a curve to the right, having a
radius of 487.63 feet, a central angle of 02°14'51", and a chord that bears S76°52'36"W 19.13
feet; (2) S78°00'01"W 93.40 feet; (3) 31.15 feet along the arc of a curve to the left, having a
radius of 570.00 feet, a central angle of 03°07'51", and a chord that bears S76°26'06"W 31.14
feet; thence, departing said southeasterly line, N50°51'55"E 45.70 feet; thence 60.15 feet along
the arc of a curve to the left, having a radius of 697.62 feet, a central angle of 04°56'23", and a
chord that bears N49°14'01"E 60.13 feet to the northeasterly line of said Lot 6; thence
S57°59'05"E 69.88 feet, along said northeasterly line, to the point of beginning, containing 3425
square feet, more or less.
~Iry III IIII VIIIa II II ICI VIII I~n 808989.',..
Sara J Fisher Eagle, CO 299 R 86. 60 D 0. 00
Q,
LIST OF SPECIAL DISTRICTS AND SCHOOL DISTRICTS
School District: Eagle County RE50J
Suecial Districts:
Colorado Mountain College
Eagle River Water and Sanitation
Colorado River Water Conservation
Upper Eagle Valley Consolidated Sanitation
Eagle Valley Library
Eagle County Health Services
Eagle River Fire Protection
lllull~lllllullllll~lltl 808 15 of 89~'11.
Sara J Fisher Eagle, CO 289 R 86.00 - D 0.00
I
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 9TH DAY OF JULY 2002,
AT THE TOWN OF AVON MUNICIPAL BUILDING FOR THE PURPOSE OF
CONSIDERING THE ADOPTION OF ORDINANCE NO. 02-10, SERIES OF 2002:
An Ordinance Concerning the Annexation to the Town of Avon, Colorado, of Certain
property as described as Lot 6, 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 7th day of June, 2002.
,
TOWN OF AVON COLORADO
BY: c1,iJ~
r' Patty M enny
ry~ j!
To erk
POSTED AT THE FOLLOWINfC~PLACES WITHIN THE TOWN OF AVON ON
JUNE 7,2002:
AVON MUNICIPAL BUILDING, MAIN LOBBY
ALPINE BANK, MAIN LOBBY
AVON RECREATION CENTER, MAIN LOBBY
CITY MARKET, MAIN LOBBY
Sara miii~ugingiu~iiiiui~i289 uimuii~puMB g89eu9;'„o D 0. 00
STATE OF COLORADO )
COUNTY OF EAGLE ) SS
TOWN OF AVON 1
NOTICE IS HEREBY GIVEN THAT A PUBLIC HEARING BEFORE THE TOWN
COUNCIL OF THE TOWN OF AVON, COLORADO WAS HELD AT 5:30 P.M. ON THE
9TH DAY OF JULY 2002, AT THE TOWN OF AVON MUNICIPAL BUILDING FOR THE
PURPOSE OF CONSIDERING THE ADOPTION OF ORDINANCE NO. 02-10, SERIES OF
2002:
AN ORDINANCE CONCERNING THE ANNEXATION TO THE. TOWN OF AVON,
COLORADO, OF CERTAIN PROPERTY AS DESCRIBED IN THE LOT 6, MCGRADY
ACRES SUBDIVSION 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.
The Council approved this Ordinance.
This notice is given and posted by order of the, Town Council of the Town of Avon, Colorado
Dated this, l Ith day
f• TOWN OF AVON, COLORADO.
S E A L BY: 1
Celia Fenton, Deputy
Town Clerk
POSTED AT THE FOLLOWING PUBLIC PLACES WITHIN THE TOWN OF AVON ON
JULY 11, 2002:
AVON MUNICIPAL BUILDING, MAIN LOBBY
ALPINE BANK, MAIN LOBBY
AVON RECREATION CENTER, MAIN LOBBY
CITY MARKET, MAIN LOBBY
1111111111111111111111111111111111111111111111111111111 808~89
~'iIo
Sara J Fisher Eagle, Co 289 R 86. 00 D 0. 00
C
4
0
STATE OF COLORADO
COUNTY OF EAGLE ) SS
TOWN OF AVON
NOTICE IS HEREBY GIVEN OF A PUBLIC HEARING BEFORE THE TOWN COUNCIL
OF THE TOWN OF AVON, COLORADO AT'5:30 P.M. ON THE 9T" DAY OF JULY 2002,
AT THE TOWN OF AVON MUNICIPAL BUILDING FOR THE PURPOSE OF
CONSIDERING THE ADOPTION OF ORDINANCE NO. 02-10, SERIES OF 2002:
An Ordinance Concerning the Annexation to the Town of Avon, Colorado, of Certain
property as described as Lot 6, McGrady Acres Petition f6r 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 7th day of June, 2002.
TOWN OF AVON, COLORADO
BY: '3 3 (~c
atty cK nny
Town
POSTED AT THE FOLLOWING PUBLIC PLACES WITHIN THE TOWN OF AVON ON
JUNE 7, 2002:
AVON MUNICIPAL BUILDING, MAIN LOBBY
ALPINE BANK, MAIN LOBBY
AVON RECREATION CENTER, MAIN LOBBY
CITY MARKET, MAIN LOBBY
Memo
To: Honorable Mayor and Town Council
Thru: Bill Efting, Town Manager
From: Ruth.Bome, Director of Community Development.
Date July 3, 2002
Re: Second Reading of Ordinance 02-10 - An Ordinance Concerning the
Annexation to the Town of Avon, Colorado, of certain property as described
as Lot 6, McGrady Acres Petition for Annexation (Public Hearing)
Summary
The Petition for Annexation (`Petition") filed by Edinburgh Corporation, a Texas corporation for
Lot 6, McGrady Acres Subdivision has been found to be in substantial compliance with
Colorado statutes as evidenced by approval of Resolution 02-22 Series of 2002. The First
Reading of Ordinance 02-10, Series of 2002 initiated the annexation process on May 28, 2002.
The purpose of this public hearing is to annex the property contained in the Petition to the Town.
Recommendation
Staff recommends Town Council approve Ordinance 02-10, on second reading, An
Ordinance Concerning the Annexation to the Town of Avon, Colorado, of certain property
as described in the Lot 6, McGrady Acres Subdivision Petition for Annexation.
Proposed Motion
" I move to approve on second reading Ordinance 02-10 An Ordinance Concerning the
Annexation to the Town of Avon, Colorado, of certain property as described in the Lot 6,
McGrady Acres Subdivision Petition for Annexation."
Town Manager Comments
cc,1,7 <<«
Attachments:
Ordinance 02-10, Series of 2002
Memo to Town Council, July 9, 2002 Page 1 of 1
Ordinance 02-10, Annexation for Lot 6, McGrady Acres (Public Hearing)
e
TOWN OF AVON
ORDINANCE NO. 02-10
SERIES OF 2002
AN ORDINANCE CONCERNING THE ANNEXATION TO THE TOWN
OF AVON, COLORADO, OF CERTAIN PROPERTY AS DESCRIBED IN
THE LOT 6, MCGRADY ACRES SUBDIVISION PETITION FOR
ANNEXATION.
WHEREAS, on May 10, 2002, EDINBURGH CORPORATION, a Texas
corporation, 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 02-28, Series of 2002,
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 thePetition;
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 II, 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.
521179.3 CAMALC 06/3/02 9:51 AM
4. In order to encourage well-ordered development to the Town, it is
desirable that the Annexation Property be annexed to the Town.
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 day of 2002 and a public hearing on this
ordinance shall be held at the regular meeting o Town Council of the Town of Avon,
Colorado, on the Cr,t' day of JQd , 2002 at 5'• 30 p.m. in the Avon Municipal
Complex, 400 Benchmark Road, Av n, C lorado.
TOWN OF AVON
By: _
Jud oder
Mayor of the Town of Avon, Colorado
521179.7 CAMALC 05/30/02 2:05 PM
Town
INTRODUCED, PASSED ON SECOND READING, APPROVED AND
ORDERED PUBLISHED this day of , 2002.
TOWN OF AVON
By:
Judy Yoder
Mayor of the Town of Avon, Colorado
Attest:
Patty McKenny
Town Clerk
APPROVED AS TO FORM:
John Dunn, Esq.
Town Attorney
521179.3 CAMALC 05/30/02 2:05 PM
EXHIBIT A
TO
ORDINANCE NUMBER 02-10, SERIES OF 2002
(Legal Description of Annexation Property)
Lot 6, McGrady Acres, according to the final plat thereof recorded in Book 558 at Page 533, at
Reception No. 454664, in the office of the Eagle County, Colorado, Clerk and Recorder,
EXCEPT that portion described as follows:
Beginning at the most easterly corner of said Lot 6; thence the following three courses along the
southeasterly line of said Lot 6; (1) 19.13 feet along the arc of a curve to the right, having a
radius of 487.63'feet, a central angle of 02°14'51", and a chord that bears S76°52'36"W 19.13
feet; (2) S78°00'01"W 93.40 feet; (3) 31.15 feet along the arc of a curve to the left, having a
radius of 570.00 feet, a central angle of 03°07'51", and a chord that bears S76°26'06"W 31.14
feet; thence, departing said southeasterly line, N50°51'55"E 45.70 feet; thence 60.15 feet along
the arc of a curve to the left, having a radius of 697.62 feet, a central angle of 04°56'23", and a
chord that bears N49° 14' 01 "E 60.13 feet to the northeasterly line of said Lot 6; thence
S57°59'05"E 69.88 feet, along said northeasterly line, to the point of beginning, containing 3425
square feet, more or less.
5211793 CAMALC 06/3/02 9:51 AM A-1
EXHIBIT B
TO
ORDINANCE NUMBER 02-10, SERIES OF 2002
(Copy of Resolution Number 02-28, Series of 2002)
521179.3 CAMALC 07/5/02 1:16 PM
RESOLUTION NO. 02-28
SERIES OF 2002
RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF AVON SETTING FORTH
FINDINGS OF FACT AND CONCLUSIONS REGARDING THE ANNEXATION OF
CERTAIN PROPERTY AS DESCRIBED AS THE LOT 6, MCGRADY ACRES PETITION
FOR ANNEXATION
WHEREAS, annexation proceedings were heretofore initiated by the filing on
May 10, 2002 of the Lot 6, McGrady Acres Petition for Annexation (the "Petition") for a portion of
certain property located in Eagle County, Colorado, and described on Exhibit A attached hereto (the
"Annexation Property"); and
WHEREAS, at a meeting on the 28th day of May, 2002, the Town Council passed
and adopted Resolution No, 02-22 finding substantial compliance of Petition, and setting a hearing
to determine if the proposed annexation complies with Sections 31-12-104 and 31-12-105, C.,R.S.,
and is eligible for annexation to the Town; and
WHEREAS, following notice given as required by law, the Town Council has held a
hearing on said annexation;
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE
TOWN OF AVON, COLORADO THAT:.
Section 1. The Town Council hereby finds that Petition complies with the
provisions of Section 31-12-107, C.R.S.
Section 2. The Town Council hereby finds that, with respect to Petition, the
requirements of Article 11, Section 30 of the Colorado Constitution and of the applicable parts of
Sections 31-12-104 and 31-12-105, C.R.S., have been met.
Section 4. The Town Council hereby finds that no additional terms and
conditions are to be imposed upon annexation of that Annexation Property included in the Petition.
Section 5. The Town Council hereby finds that an election is not required under
Sections 31-12-107(2) or 31-12-112(1), C.R.S.
Section 6. The Town Council hereby finds that notice was given and a hearing
was held regarding the annexation in accordance with the requirements of Sections 31-12-108 and
31-12-109, C.R.S., as applicable.
Section 7. The Town Council concludes that the Annexation Property included
in Petition is eligible for annexation to the Town of Avon.
544252.1 CAMALC 07/3/02 9:02 AM
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of
Avon held this day of , 2002.
Judy Yoder
Mayor of the Town of Avon, Colorado
ATTEST:
Patty McKenny
Town Clerk
544252.1 CAMALC 07/3/029:02 AM
PE I-1 ION FOR ANNEXATION
TO THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO:
EDINBURGH CORPORATION ("Petitioner'l, 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 Ac 1. hereby
petitions ("Petition') 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 ("Pro ert 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.
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 Petitioner comprises more than fifty percent (50%) .of the landowners in the
Property owning more than fifty percent (501/0) of the Property, excluding public streets, and
alleys and any land owned by the annexing municipality, and the Petitioner 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 franchise 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 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 panels 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.
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 Petitioner is set forth underneath
the name of 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 d 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 Petitioner requests that the
Town institute a zoning approval process for the Property in accordance with applicable
provisions of the Municipal Code of the Town of Avon and in accordance with Section -1.15 of
the Annexation Act
18. Petitioner has filed this Petition subject to the following conditions:
EXHIBIT B
TO PETITION FOR ANNEXATION
Legal Description of Property Owned
by Petitioner
Name of Landowner/Petitioner: EDINBURGH CORPORATION
Lot 6, McGrady Acres, according to the final plat thereof recorded in Book 558 at Page 533, at
Reception No. 454664, in the office of the Eagle County, Colorado, Clerk and Recorder,
EXCEPT that portion described as follows in the office of the Eagle County, Colorado, Clerk
and Recorder, described as follows:
Beginning at the most easterly corner of said Lot 6; thence the following three courses along the
southeasterly'line of said Lot 6; (1) 19.13 feet along the arc of a curve to the right, having a
radius of 487.63 feet, a central angle of 02°14'51", and a chord that bears S76°52'36"W 19.13
feet; (2) S78°00'01 "W 93.40 feet; (3) 31.15 feet along the arc of a curve to the left, having a
radius of 570.00 feet, a central angle of 03°07'51", and a chord that bears S76026'06"W 31.14
feet; thence, departing said southeasterly line, N50°51'55"E 45.70 feet; thence 60.15 feet along
the arc of a curve to the left, having a radius of 697.62 feet, a central angle of 04°56'23", and a
chord that bears N49°14'01"E 60.13 feet to the northeasterly line of said Lot 6; thence
S57°59'05"E 69.88 feet, along said northeasterly line, to the point of beginning, containing 3425
square feet, more or less.
.,(i
LIST OF SPECIAL DISTRICTS AND SCHOOL DISTRICTS
School District: Eagle County RE50J
Special Districts:
Colorado Mountain College
Eagle River Water and Sanitation
Colorado River Water Conservation
Upper Eagle Valley Consolidated Sanitation
Eagle Valley Library
Eagle County Health Services
Eagle River Fire Protection
CERTIFICATE OF PUBLICATION
I, Patty McKenny, Town Clerk for the Town of Avon, Colorado, hereby certify
that a true and full copy of the Town of Avon Ordinance Number 02-9, Series of 2002 was
published in the .e; mAj:U 2t a newspaper of general circulation in the Town of
Avon, Colorado, on cjUl (p , 2002. A copy of the published text is attached hereto.
Date: Jw~-Y (Q, 20021 '4 ~kC
Patty McKe
TownClerk
521 179.3 CAMALC 05/30/02 2:05 PM
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 9T" DAY OF JULY 2002,
AT THE TOWN OF AVON MUNICIPAL BUILDING FOR THE PURPOSE OF
CONSIDERING THE ADOPTION OF ORDINANCE NO. 02-10, SERIES OF 2002:
An Ordinance Concerning the Annexation to the Town of Avon, Colorado, of Certain
property as described as Lot 6, 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 7th day of June, 2002.
TOWN OF AVON, COLORADO
z:
r:. BY:
Patty M envy
To erk
POSTED AT THE FOLLOWING"'PURI✓IC PLACES WITHIN THE TOWN OF AVON ON
JUNE 7, 2002:
AVON MUNICIPAL BUILDING, MAIN LOBBY
ALPINE BANK, MAIN LOBBY
AVON RECREATION CENTER, MAIN LOBBY
CITY MARKET, MAIN LOBBY
I'll'
PROOF OF PUBLICATION
STATE OF COLORADO
S.S.
COUNTY OF EAGLE
N° 25891
A.
thep
area
of W
I.' `blurs
105,,
PETITION FOR ANNEXATION .
TOTHETOWN COUNCIL OF THE TOWN OF
AVON, COLORADO.
Z uni 3rrJgtfed (i~llecuvc y, w 'Patio ro in
ordanoe veiUl pls. ricipr~ Artiraxni `rr ml Qr„I
-1965'as cet'firth in Ariic!s 12, Title 31, Cidor.l6ci.
Revised Statute--, a: cts3 and ai In etlec on
the submission ds.i'j 5ct tsr7h below
Act"), hereby potlri l ('Pet titat) tt a Trim lltlOfLit l
04 thio.Tarrt of AwFi, Q? 1 #v
112c to the Yi alt,gf 4xri:€~T `Y
sated ten tory Feasted-a1flro t"~owley rl E $et1D?,I
of Colorado, whirls" _ ie ttrere pM:da•
nbe_d iii E1dlibit al a lllherefn and:lnoorpo--
rated herein by rofereioo ('pml_rtY in'support'
of this Potition, Pelitiaters al{8ge that
1. It is desirable and rocassary-that the Property
be anrreued to the Taint.
2. The requirements of Sections -104 and -105 of
the Annexation Act exist or have been met.
3. Not lass th.._n one-sixth (116) of the penrnator of
the Property is wnligwxu.with the Town's current
munrJ,Rlt-idanes, - -
-
-4.-A community of interest oxrsts between the
Property and the Town.
5, The Property is urban or will be u barazed in the
new future.
6. The Property is rntegrated' with or is capable of
being Integrated with the Town. -
7. Tiie Pati hirers rompnse more Dian fifty pemerrt,
(50%),~of' the IandoWhersin -the Property
m 'aw v, g'
ore than fifty,Percent,(50%) etthe;Properry, ex-
duiJfng' puhltc streets, 'and, alloys and ,aiy land,
owned by the enneidrtg,nwnici city atd,",,Peib-
ti n ri haretry corisent to the estabfishrrreiit of late.;
ualinoanes rn he'Prope ty nsshdvnlart`the an
rremtien plat submiRed hereMth. ,
8. The PrOP sestet Oressnl~y" a part ot-ar y moor
T' . '
PUBLIC,NOME
Notice is";here given in accOrdartCA w tti Avdr%
Town Charter 6.5(d} and Section-31 12:
108 C:R:S that~ursuant to.Aesofutron.No ;U(t2
.v....s non r.....a...`. of ~ r~ra`..., ,2
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 ......Q.~ .
A.D. "e2.'~ . and that the last publication of said notice was in the issue of said newspaper
dated A.D.........
In witness whereof I have hereunto set my hand this ......CJ...... day of ,..Q.
Managing Editor
Subscribed and sworn to befo e, a notary public in and for the County of Eagle, State of Colorado,
this .................g.1...... day of -2 -
Notary Public
My Commission expires'..
an
er
Pn
irnmadiatelyprec~Rdirrg the filing of"Pei
9 The proposed annexation will not msult in de-
tachment of area from arrys-pool district or_attach-
-rnenf of same to another school district.
10. Except to the extent noxsaary to avoid divid-
ing parcels wrttftn the Property-held in identical,
ownership, at least. fifty percent (50°x) of winch aie
within the three, (3)-mile (unit, the~proposod annex-
anon will not extend -the munldpal.boundary'of the
~TXn more than three (3) miles in any,ddireciion
from any powt Of ft current mun c,pal boundary
ti. The j r posed anrwxaflon rn0 not rep ft m ffW.
loins a platted street or, affey which has bsen aA-
next"by the Torn 1pR is net Mtrndeil on "h
-sides by the Town.
112. In establishing ,the boundwies,of the Property,
..,iientical ownership
no land which Is, held An
,,whether consisting or a single tract or pairicel of Teal
eatate or'two w more (xontiguouc tracts or parcels
of real estate:'
(a) is,being divided into separate parts of parcAS
1 lhifiout the written c n ont of the landowner or
i'. Iandowirwi s thereof unless such. track' or par «
are separated by a dedicated street, road, W ottiAY
pdbl oway, or
(b) comp-g twenty(20) acres or more and ta%
gainer with buildings and irWr.-enients situate'.
itiereon having a: valllafion for assessment in ex
cess of $200,000.00 for,ad valorem, purposes'
for," year next preceding the pioposed'annexa-
don, is included in the Property without the Written
'consent of the landrnvrrer or landowners.=
13.tf aPortion of a'platted street or alley sto be
` annexed, the entire width thereof is inciu i l within
the Property.
14- The 11*3 desow on of the Wnd owned by the.
Petitioners, b set toM -:underneath the name Gqg
each such Pefitionefon.ExiW A, attad>,d hi
ah4 incorporated herefn.by.,this roterc rice.
15 - The -affidavit of the nrailata of this PetitQ:1_a
p Oita Petition is ttpo
' fyirgl that each s;gnat+urowi
signature of the person whose name it purports'to
be and certifying the accurac of the date of such
bignature is attached hereto as Exhibit B and is ln-
f'ib poraled herein by this reference.
16 That PQL1'G 4 aocaalaan by f0111#W1nt6 Of x:,
STATE OF COLORADO
COUNTY OF EAGLE
L
PUBLIC NOTICE
Notice is-.irereb'y given in accordance with Avon".
N0- Z 5 O A 4 Town'charter Sect on E StQ and ~c4on 31-12
Q 7 t 108 C.R:S 11_pursuentto Rwolut,on 710.-0227;
Series of 2002,_6 public heating will 66 heldton1..
ly';9, 2002 at 5:30 p.m. to the Avon Munrrap`alt&~ To ,
p4ex, 400 Benohmark ROad;,Avan Cotoq' tor.
the purposa of determining and find g wtarthe;
area described m Ste Pose Boulevard Piaii4(C"Rlght
Wwsy Petifion for;Annex aid onIfne~gT~
PROOF OF PUBLICATION rxeregnretlrertafseaParrs3+az 1oaatt
105'C:R!S.:and ts:comit;iered,eligible , ta-,'
lion. A'copyof,the;Post Bml!evard..P6Nic fiigii ut
way Pei ition for Arviexafion is set ti be4ov
` PETITION FOR'ANNEXATION
TO THE TOWN COUNCIL OF THE TOM OF
AVON, COLORADOs
SS. - The ur 'f_yned.(c'eNeiCS`"i- ty.., tho.'PetHioner5') ip.
BECOrd2ilfyS eYf~tl L}*treg. ~mra.}.l Afet~Ydt~ft.'n lid
1865 as cst hnt}1 imArlc a 1? T+tJe 41 (a3 xuSo
Revised Stawta~ a t it dsd and E5 al efleci on'
the subauts!~v. daate--set irrttt belor7 (Anaft---ion
Act) hereby po on
ado (Pat boll') 01a orm Cotnc t .
tk U1e Torvrt of R cam; {"ComrSF tin sill
nEx to:Uee~ o4 va1 (.''roidss"~-ttla'•u ~
rated ~s+~` bcatetfaf td6 C~oesnty of~Em~, 6bttpl
of Colorado, whieWpteperty is :htor®psrtlwrtasA,da
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 IS... consecutive insertions; and that the first
publication of said notice was in the issue of said newspaper dated . (
A.D. ICJ and that the lastpulicationofsaid notice was in the issue of said newspaper
dated..... . O ;~~~1
In witness whereof I have hereunto set my hand this ......45..... day of
.
Managing Editor
Subscribed and sworn to befo e, a notary public in and for the County of Eagle, State of Colorado,
this g.)...... day of
Notary Public
My Commission expires
rated horern ty'refernnce'(•Prapery) li'SUpPott' I
of this Pe4Gon, Fetitioners alleys fhat:
1. It Is desirable and neces ry that the Property`
l be amll ed * the Tuwn.
2. The requirements at Sections -104 and -105 ot,
-the'Anneiration'P.ct exist or have been rrret
3- Not less than ono-sixth (116) of the perimeter of
the Property is contiguous. with the Town's aurerTl
municipal burmdarius.
14::~A tOmmimily ol- interest ewsts between the
Property and the Town 1
5 The Property is urban or will no urharniod in the; 1
rte$r future-
6. The Property is integrated with or is capable at;
'being integrated with the Town.
T,The Petihoners ccmpn -e more Ulan fifty peraeal.
(50%) of the urdotvners in the Property ownUlif
more than fifty percennt (50%) of Iho Pi-er-ty oil-
-and any larid,
.by the annexing m4patfb andtiw Pob-,
ttorlers hereby Con.^ifq to-the estabrtshmelrt of -V-Q
boundariac of the'`Ptoperty as"shoFm iii'-:the an
nexalb n plat submitted horawith. -
annexafion'of part or, all of'the Property to!any. oth
er re icipati* no election for,annexation of the
Property. or substantially the same-territory to the
Town has been held within the twelve ((12);months:`
immediatelypreoed ng the filing d this fietition.
9 The proposed anrnexafion wW not result in de-
tachmont of area from"any schoof distinct or, attach
rirtent of same to another school district.
10. Except to the extent necessary to avoid dMd
ing _parcels, wiUdn;.the Property held in identical"
ownership, al least fifty percent (50%),of-which air
within the three .(3):mile rimiL the Proposed annez-
ation4i'll not extend the municipal boundary'of-tho
-Town more than three (3) miles in any diroction'
from any pant of lho cement municipal trzundary
11. The'propo-d enneadtion vi5 r.t ee-,tt in the.
dental of reasonablo af;,~b3 to any landowner,
owner -of an easement, or owner et a trancf)iso avd:
loin - platted'street or, alley;whichdtas tmen in-
nx2 by the Town is' not`bd:nde0: on Wh -i
sides bylhe Tcwn.
estataer two or more configuous.hacts or parceis
of real estate:
(a) is being divided into separate parts of parcels.
wlfhout'lhe"written consent of thn landowner or
I.landowners 'thereof unloss such tracts, or parc"r
are separated by a dedicated street -road, or aff*(
ptim c way o
(b) coroprrrrng twenty (20) acres or morn and to-.
gather` with: buildings "and rmpmrUamerits SttuaUS'
thereon having a:val fion (or assn Tront in ez-.
eess'of,$200,0W004or ed valorem tax purposes'
for the'y~ear next preceding the pruj)c, d annaKm
lion, is included inthe Property without the wntten.
Consent of the lendowrier or landowners.
13 Jf a portien of a platted street or aliey is to he
annexed; the entire width thereof is indudod. withbn
the Property.:
14, The-kx3al description of the Land owned by the„
Petitioners is set forth undernoath the name biz
e"ad1 such Peti6'o, on E:-tlfllt A, atttadred harelo
and irroorpomted herein by this reference. -
i 15 The-. affidavit at Tire arculator of this-Pelrion.
certifying that each srgnsture on thrs Petition is th'e,,,
.s-" ire Of the persw whose name it'p4lrpart5 to:
be and certifying the accuracyiof the date of such
Ns''griature is attached hereto as'Exhlblt 8-and is ti-
crotpomted herein by this referorroe. -
16.Thi S'. Fatilaaiis ate..W-faun otintbcuf
N_ 25899
PROOF OF PUBLICATION
STATE OF COLORADO
COUNTY OF EAGLE
SS.
A
PUBLIC NOTICE
Notice is hereby gu n-,rn"accornce wttn AV
Town Charter.Sectiori6.5(d) and Secbonr_' 2'
.:106 C R.SS ttiat'piirsuant to Resolution No=2]
Seriesof 2002,'a public hearing rill be held,Drt
fv g,-2002 ea 5:30p:m: in th@ Avon MuniclpaCt.o~r r,
Isle requirehterits of'SecUoni 3142404 a xf:31 r-2
10.5 C:R.,&jand'is. considered: eligihle for amzesa-
bon. A'6*p of the;Post Sot{Irjuard.ll Right of
Way, Petition.for Annexation s'ser forth t'e,_
PETITION FOR'ANNEXATION -
TO THE TOWN COUNCIL 'OF THE TOWN OF
AVON'COLORADOi?
t
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 . . .
A.D. Qo...i2.,..... and that the last publication of said notice was in the issue of said newspaper
date ~a...'....... A.D.........~ G'
In witness whereof I have hereunto set my hand this ......t5 day of
Managing Editor
Subscribed and sworn to befo e, a notary public in and for the County of Eagle, State of Colorado;
this a...... day of Z
~ y
Notary Public
My Commission expires Xq3
cf Ccdorado, whidi''prC mare PUFIKA Zt04PU V l
_cnbad -iri?Exhibtt a _ 'fierato and-iiioprprr:
rated horein by roference rPrngerV)'th'Mi5port'
of this Petition, Petitionor allege that:
1. It is desiratsu and necessary. that the Propert
be arvlexed to the Trxpn: -
2. The requirements of Sections -114 and -105 of
the, rinexetion Act exist or. have coon met
3: Not less than wie-sixth (1/6) of the, Perimeter Of.
the Property is contiguous.wrth the Tocni s current"
municipal twuax rips. - -
4. A community of interest 6xi8ts between the
Property end the Town:
5. The Property is urban or will be urbordled in the
near future.
6. The Property is intNi-ated wdh or rS capatrls of
being integrated with the Town. .
7.,The Petitiorrers comprise more than fifty percent;
. (50%) of; ttre,fandowners.m the Pivperty awn'. ,j
more than fifty percent (50%) of tho Property, ox-
dudu g 'public streets, 'and. mays 'and any land..
owned by, the annexing rrtt.(nieipit'rty and the Pat-.
•fioners hereby, con50ftt to the establishment of the
boundaries al lhe;Property as-shotm on the an-.
nexquou plat submlfted herewith:..
>N
S. The Property rs ftoi presr apart of arryr incor-
!=lee`ctx any-and'counry, ortvun, no prOCQAd
Yiavra MnnmrnmenrEd-~fer:.in~~tx:.'aion Or;
Property. ;or 11yy the sarne.tenftory to:tne
Town has been held within the twelve (12) niontfis
immediately preceding the filing of this Petdi rh
9. The proasad annexation vrdl not result in cce
tachment of area from arly., s,chod.dis rict or attach-
mint of sam+ to anotherschoct disWd.
10. Except to the extent necessary to amd dm+'
ing-;parcefs wit6w the Property held in idenLcal
ownership at least fifty petcunt (SW/.) of whidl are,.
within the three (3)`mtle imit, the proposed annex-
ation will not extend the mu_nidpal:boundsr of the
Tb1vn more than threee (3) mile; in any direction
-
from any point of the arnant municipal b u3ndary
11 The proposed ann-tion will not ,?wilt in n V
denial, of reasonable access to arty lartdOwrndt,
esker-oI an easem^nt, or owner of a fraa,,iW;e ad,
Joihinrigg a platted street or. alley which has been an-
nexed by the Town. but is not ba+sntod"on both
sides by,tha Town.
12- In establishing tae bo,indarle8 of the Property
no land whirl is held In "idari co~wn1er~up,
whether con fisting of a single 'tract of WON at 0361
ekate:or two or more contiguous tracts or parcels:
of Feel estate:
(a) is being divided into separate parts nr pare ls,
wlthout the written consent of the lanrtownor Or?
landowners thereci uriless such tracts or Irarcel5'i
are separated by adedtcated street, road, or atil
public way, or
(b) comprising twenty 120) _acres or ri and to-
cess:of`$200,b00.00-for ad valorem.tax es!
for the year next preceding the Prop annexe
lion. is mduded inrthe"Property. without the written
consent of the landwmer or landowners.
13: H a,por6on of`ri platta+j street or alloy is to be
arrc+ ed; the entire width fhereof is included within
tfie'Proputy.
14: The legal description of the land or+rwd by the ;
.Pattiowas is set,forth.urterneath the na(t.~
each such Petitioner- on Exhibit A, attached fie atop
art8 incorporated herein by this reference.
15. Tina affidavit of tfio-a,culator of this Petition.
card: nng.that eadh signature on this Poblion is the
signature: of the person whose name it,`purports to,,
be and ceitifying the accuracy of the date,of such;
l,slgnature is attached herotD as E~hiblt B and is In-
corporated mein by this rofaBnm:
1 s.ThLs Pe4tbw is atCp[7n11yr1(9d,t71 faurofirlts`of
I'll STATE OF COLORADO
SS.
COUNTY OF EAGLE
N_ 25899
PROOF OF PUBLICATION
b
PUBLIC NOTICE
Notice is'hereby given in accordance w~4
Town'Citi Secticn 6 5(d)°and 6echon;315?
108 C.R:s.,~u t;pursumrt lo.Resoldtkm No._ Q2;
Series of 2002; 6 public hearing will be held-on 1
Iy;9; 2002: at 5:30 pm m the Avon Mur iclparC-
Plex, 4WBenahmarlc Road, Avon Cotmedo l
the purpose of deteFminutg'and fn whether,ti
area described m:the Post Boul fzlihlic_flit
bon A copy'of the Post'Boulevard Public. Right of
Way Petition for Annexation Is set forth' below: -
PETITION FOR ANNEXATION,
TO THE TOWN COUNCIL OF TH E TOWN OF
AVON,COLORADO'
i. The tut igneo (cd!l rvoty the 'Pntrtionors'), in
accordance with the Ann_-jc, yt Az?
1955 assetfirth to ArtidaA2,'JIte 31.:Ca~xado
Rovsad:Statutes, as amended and ns hi effect on
the stfimr-su date set 4orih below { rmextm
Act-), hereby pctitor, (Pettturi')'Vte /1lntCaa!s?71
i.
ai Go Tam ? ficn. GGlerEtb., bBTM.'1
itv to fhe Tows, of ?,MW (-Tdlal')~ ts~'u.°l.r~~.
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 . .
A.D. Q..'~ and that the last publication of said notice was in the issue of said newspaper
dated A.D..........L1....
In witness whereof I have hereunto set my hand this t~ day of
Managing Editor
Subscribed and sworn to befo e, a notary public in and for the County of Eagle, State of Colorado,
this g.)...... day of 2
Notary Public
My Commission expires
scnDea_in: txmioi arWtalW -roil
rated herein by roforenco ('Protiorty')in supportr
of this Petition, Potitirli allege that:
-1. H is des+rablo and necessary that the Propexty:.
be annaited to the Town
2. The roqulremams of Seclons -104 and -105 of,
the Annexation Act exist or have been met
3. Not less than one-sixth (1/6) of the perimeter oft
tiro Property is ~nhguousiwith the Town's cuirent,
murecipal b«mdarir......
4. A cori-mmily of interest exists between the
Property-end the Town. 1
5. The Property is urban or will be urbartizod in the J
new future. -
I. 6. The Property is integmted with or is capable of
being integrated with the Town.
7. The Petrhoirors rbrripriso rrrore Ulan fifty porcent
l50%1 : of: thestandorwners in:-the':~Property:-aiiii
8 The Property is not F
porated Gty, city and
ings have been-.conan
aivrexation of part or a
er munidpahty; no- ele
Property. or substanta
Town has been hald w
immediately preceding
9. The. prQpostNi anne
'
tacnment of area from
Tent of same to anottx
10. Except to the aide
trig ;pa cis. within thE
ownership, at.ieastffty
within the three:(3)"stun
aeon- will. not extend to
t1-The
joint
next
sii(E
12,
if real estate
(a) is being :d
witho lt'dhe-_v
landowners H
are separatec
-public_way, or
~ (b) compr„.rn
geHter. vnth I
nerifh
ntty,a part. ci any incor-
formcorp~rw a4on or:
s
he'Property, tto any oth-!
i fora annexation ;of the'
to same territory to the
the twelve ((12) mnrrttis -
ling of tts Peffmin
n will not result in do-
school dlstrid,or-attach-=
hooi district .
tcessary to avoid drrtd-
iperty heW -in'identical
xnt(5(M) of which are?
itr the proposed annex' '
utloipel.:boundary of the
.anne-at n will not resu't vi ttp s",
Cown_ but-4 not'bCkLrK sD°on botri
gym. "
ing the boundanas of the Property,
i .1"d In identical ownor-idq,
mg of a single tract or parcel of rp81
r more contiguous tracts or parcels
ided into separato parts or parcels,
;teen. owuent of the landv.,vror
reef- unless such tracts or pares}
ry a dedicated.sti 1, road, or cheer"
hrenN.(20)..acres ur_more and to-
consent of the landowner or landowners
13. H a portion of a platted street or alley is to W
annexed, the errtiro width thereof E~ indudod within
the Property'
' 14. The IegaF descri )bon of the laird owned by the
Petitioners ii underneath the name of
.each such Eidtaiit A, attached herto
and Incorporated hereinby,ttus refer. _
15. The-affioavit of the circulator of this Politiatn
txeirtrfyiiq that each signature on this Petition is the
silgnaturs of the person vhoso named purports to
tie and Dartifying the accumcy of the data of such.
signature Is attedied hereto as Exhibit 8 and isr1ii-
carporated herein by, this reterenco.
L. 16 . Thu: Ffiatiar is..~ed:trt_louraannts af~
CERTIFICATE OF PUBLICATION
I, Patty McKenny, Town Clerk for the Town of Avon, Colorado, hereby certify
that a true and full copy of the Town of Avon Ordinance Number 02- Series of 2002 was
published in the ~ bj i e~i w a newspaper of general circulation in the Town of
Avon, Colorado, on JUG (p , 2002. A copy of the published text is attached hereto.
Date:
Patty McKem"IZ
Town/Clerk
521179.3 CAMALC 05/30/02 2:05 PM
'Advertising
Receipt
Colorado Mountain News Media
1001 Grand Avenue
Suite 201
Glenwood Springs, CO 81601
Phone: 970-945-9937
Patty McKenny
Town of Avon legal
Attn: Patty McKenny
PO Box 975
AVON, CO 81620
Ad taker: vet Salesperson:
Cust#:
12101582-000
Ad#:
32503328
Phone:
(970)748-4280
Date:
06/03/02
Classification: 0900
Description
Start
Stop
Ins.
Cost/Day
Surcharges
Total
44 Eagle Valley Ent. (Thurs) 06/06/02 07/04/02 5 121.72 608.60
Payment Reference:
PUBLIC NOTICE
Notice is hereby given, in accordance with Avon Town Charter Section 6.5(d) and Section
31-12-108 C.R.S., that pursuant to Resolution No. 02-21 Series of 2002, a public hearing will
be held on July 9, 2002 at 5:30 p.m. in the Avon Municipal Complex, 400 Benchmark Road,
Avon, Colorado, for the purpose of determining and finding whether the area described in the
Post Boulevard Public Right of Way Petition for Annexation meets the applicable
requirements of Sections 31-12-104 and 31-12-105 C.R.S. and is considered eligible for
annexation. A copy of the Post Boulevard Public Right of Way Petition for Annexation is set
forth below:
PETITION FOR ANNEXATION
TO THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO:
The undersigned (collectively, the "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"), hereby petition
Total:
608.60
Tax:
0.00
Net:
608.60
Prepaid:
0.00
(Total Due
608.60
NA 25899
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 S consecutive insertions; and that the first
publication of said notice was in the issue of said newspaper dated
A.D.' C. and that the last publication of said notice was in the issue of said newspaper
dated..... ..1- a .....Z. A. D......... .G.4~....
In witness whereof I have hereunto set my hand this day of
i.'
"d
Managing Editor
Subscribed and sworn to befor e, a notary public in and for the County of Eagle, State of Colorado,
this day of L
7,....r~1..
Notary Public
My Commission expires k,......i..... .
':'PUBLIC-NOTICE
Notice As hereby`given;" in(rrdance.wrth Avon
Town:Charter.Section,6.5d) ari Section 31-12-
108 C.R S that;'pursuant;to Resolutio-6 N&,62-'21
Series~6f 2002,:A~ot blic hearing wtlPbe held on'Ju=
Iy9, 2002 at 5:30'p m tn;the Avon:Murndpal m-
area
105 C:R S and is considered eligible,;tor;annexa-
tion.:AScopy'of ffie'P6k Boulevard Public~Right'of
Way Petition for Annexation, is set.forth below::
- PETITION FOR ANNEXATION
TO THE TOWN COUNCIL OF THE TOWN.OF
AVON,
COLORADO-
The undersigned?(&;Ili;afv 'the -Petiti' on`
ers'); in
accordance Mail _AfiiTef4hdnrAc47bf
1965 as~set_f6rt Artcle-l~ Title'31,-C6lorado,
j Revised Statutes' ;a amended and a'sm effecC'oh
the'submission:dite;setforth below;('Annexation
Act'); hereby petition ("Petition') the Town Counoil
of the~Town'of Avon Colorado (Council) to am
nex to the To" 'of gvon ('Town the unincoipo-.
cate&terntory located m the Gourrty of;~F2gte, State
scribed-in Exhibit'"A attar ied hereto and'incorpo-
rated herein by reference. (*Property").,ln'support
h
at:
of this Petition, Petitioners allege t
1. It is desirable and necessary that the Property
be annexed to the Town.. -
2. The requiremerits 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
j
c
a
the Property is contiguous-with the Town's current
'
municipaltigundanes .
4. A community of interest exists between the
Property and the Town.
5. The. Property is urban or will be urbanized in the
f
Q
near future.
6. The Property:fs integrated with or.is capable of
being.iritegrated with the Town:. -
7. The Petitioners comprise more, than :fifty percent
(501%) of the landowners, in the Property-owning
.more than fifty,percent (50%) of. the Property, ez-
ciuding, public streets andralleys and: any land
owned by the annexing municipality and the Peti
boners hereby consent to the establishment of the
boundaries of-the Property as shown on the an= '
nexation plat submitted herewith
ings have been commenced :tor' incorporation or.
-.annexation of. part , or all.of the Property to any'oth-
er municipality; no elecfion for annexation of the
Property or substantially"the same territory.to the
Town has been.held within the twelve (12) months
imme.diately-preceding the filing of this Petition.
9. The proposed annexation will,not result in de-
tachment of area from any school district or .attach-.
ment of same to another school district.
ffr
10. Except to the extent necessary to avoid divid-
ing parcels within the Property held in. identical
ownership, at least fifty percent (50%)•of which are
'within the three (3) mile limit, the proposed annex-
ation will not extend the municipal boundary'of, the I
Town more than three(3)miles .in any direction
from any poiatof,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;a&
joining a platted. street or alley which has been an
vexed by the Townbut. is. not bounded on both "Idl
sides by the Town la
12. In establishing. the boundaries of the Property,
!
no land which is held 1n identical ownership, 13
whether consisting of a, single tractor parcel of real i
estate or two or more contiguous tracts or parcels
of real estate:
(a) is being divided into separate parts or parcels t
i 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 to-
gether with buildings and improvements situate'
thereon having a valuation for assessment in ex-
!f cess of $200,000.00 for ad valorem tax purposes
for the year next preceding the.proposed'annexa-
tion, is included in the Property without the written
consent of the landowner or landowners.
13. If a portion of a platted street or alley is'to be i`
annexed, the entire witith 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 A, 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 B and is in-
corporated herein by this reference.
7-7i-E This Petition is accnmpani~ediby four: prints of
an annexation map containing among other,
it the following information. II
(a,A v. legal description of the boundaries of. 1
the Prol
' (b) A map showing. the boundary of the Property;
(c) Within the annexation boundary map a show-
1--mg of-the location of, each-ownership tract in un=
platted land and,,9 part or all of the area is platted
the boundaries-and-the plat numbers "of plots or ati
,tot's and blacks; and.
(d) Next to the boundary of the Property, acrowing
,
r of the contiguous boundary of the annexing mumcr
ipality. abutting thie Property,
1 "i' n its Petition. subject. to the I
T L t
rU f roe me-rtgnr wrfh o vnthorh thF con
-nt or, agreement of any, other,PetrUOnei or land-
!I caner wittnn the Property,-to withdraw, this Pelifior,
-t
I y so` notifying, the'Town~ClerK rn_wri5ng-p-tor to
I the fortieth (40th) day atter.th'e effective date of they
final ordinance approving annexaton-of-tile .Prop_:?:
eqy
t (b) Prior to expiration'of the period described in the
foregoing subparagraph (a) without TCMD, having }
withdrawn the Petillon neither Peu4oners, any oth- )
er landowner. within the Property, nor the City shall i
'cause or permit the occurrence of the'conditions to.
eflectivene,ss of the annexation as set forth in Sec-
Lion 113(2)(b) of the Annexation Act -
18 Except for the terms and conddrons of tl i Peti-
tion which forms and conditions. Petitioners ex-
pressly approve and thereforedo not constitute an-
i6irposition of additional t&ms aind conditions within "i
the meaning of Section -107(1)(g) of the Annexa- g
=tionAct, Petitioners request that no additional
terms and conditions be imposed upon annexation
,of the Property to the Town.
THEREFORE, Petitioners request that the Town r
Courier;! of the Tdrm of Avon, Colorado complete 1
,and.approve the annexation of the Property pu%
"scant to the provisions of the Municipal Annexation
Act of 1965, as amended 111
Respectfully, submitted this day 'of `;2002
Signatures of Petitioners 11
" TRAER CREEK METROPOLITAN
' DhTRIr,T i Colorado Special District fem,ed
u r~ t> C R S` §,32-1-101 et. seq ac I ~t n
,n •.,r~~ -uWw'sion of the State of Color
mr
l^~'llamJ. Post, r -id-- r
If Signature-.
t,Le'n i Address:.. '
P.O:Box640 -
Vail, Colorado 816E
Attn: William J -Pm,
Resident of the Pro! i, till I
EDINBURGH COREr F I rl.,
a Texas corporator
'By C. Michael Bow I n r
Date of Signature:
;Mailing Address
Preeo Silverman Green & r_yl~ 1'C
1401 17th Street; Suite 800 -
Denver,' Colorado 80202
Alin` Robert L. Preeo Esc
4
Resident of the Property NO
MARGARET BEYER personal rep -
resentatwe. for the. Estate of Jeanette„..
Nottingtiani ` 1 alkl, JEANETTE
t40TTINGHAM, deceased,--- r
Ely: Margaret Beyer
Date of Signature:
Mailing Address: ~ >
Meek&,SWEII`U., P.C.
" 1824 West Street
_ Podding California 96001:1793
Attn: William L. Meek Etq`. . - . .
Resident of the Property? NO -
EXHIBFT'A
TO PETITION FOR ANNEXATION
Legal Description of'tlte Prooperrtyfyy
SectionI Name of;Petihoner.•EDINBURGH.COR- -
PORATION; a-Tdxas'Corpo anon' ' - ' -
PARCEL A
That pait of Lot 6, McGrady.Acres according-to
the finalppl1at thereof recorded inBook'558 at Page
533.`'inthe,offioe"`of the Eagle CouniJColorarln
487.63,feet, 'a. central angle of021451°,.and.a,
chord 'that bears':S76°52'36-W _19.13 feet; .(2)
S78°00'01'W 93.40 feet; (3), 31:15 feet along the
arc of a curve to the left, having a radius of'570.00
feet, a central an9le*of 113°07'51'. and a chord. that
bears ~S76°26'06-W 31.14 feet;`'ahence; departing
said ;southeasterly line, N50°51'55°E. 45.70IYfeat;
thence ,60.15 feet along the arc of a curve to the,
left, having a radius :of 697.62,feetacentral angle,
of 04°56'23°,and,a chord thdir6ears N49'14'01*E
60:13'.-feet to the northeasterly line of said Lot 6s'-
'Aheiice, S57159'05°E 69.88 feet, along said 'norih-~
eastedy line, •to".the, point of beginning, containing*. 3425 square feet, more or less.
Sechon'~2 Name of Petitioner; MARGARET. BE-
. {YER, as; personal 'representative"for'the ESTATE
OF ' JEANETTE L. NOTTINGHAM, ' &We JEA-
NETTE NOTTINGHAM,deceased,.That:part.,of Lot 1, Nottingham; Cottages' P.U.D.;
PARCEUB
PARCEL B ;
t Nottingh tt
, 'y hi ,d
at^'part of Lot. the Eagle
Th
ecc~rdm9 to.the final plat
cument No 652403 trn it" t* xoc~, described.
County; Colorado, Clerk and
as tollovis- '
westeiY comerof said 1-00.1
I Beginning along th north Westerly line ofi3 d g Lilt 1,i,
-Njg , i9 88 afee , w 15, 'tee, to tl e'
lneYb1s-d`Lot~l;thence(alongsaidOf'
sort weene N09°5T00 E 13:81, + ' to the, point of lier
d more ;or
y li containing .121.6. ti re feet
ginning
less
PAFIC'EL ,~;,+gham Cottages P.d'
That part ,rat thereof -record Eatgle
t'-ar.cordinc ry,P-.office;o; the ag~a
t:.. umer tJ,,
,t tl ,i c along.' - „
-the followu+y I1 N60'S2'49,E4
2, thence
'northwesteily line- of said Lot long the arc,,,,
10 )
'101.94 _teet; t2)t,lhav having aeeadius:of 500 ha , that
and a ch-E 37. r0
curve to thee p17°0712% an 00,
~y Nntfel angle 85-feet' (3) 1478°00'011'E 3770,
ost nptrt+erly comer ,I said LoT 2;
said Lot2rand-
1
to the m the,co- on line o~ttag11 P.u D:;
)0, along Nottingham Said departing '.5T0o'\N 13.84, feet; thence,' 1 t l thence,-
rnon line, S50151 55 W 84 85 f ee, the
82 feet, thence,l6' 5 feet along of,
=g2'S17E0. e right; having a.radas
01 ,curve to ah
.angle-01 06-50'45', an. atc
25'feet a cntr al
be- S60°30'44 16 1. jheY. t _t aV-
ird that bea the arc of a-curve to the ieft,l~aot'
p'T:feel along _75 f~ta central7 5401`W.
"a radius'of 94 bears SS t at °04'12, and a Oi p-51'55°W 9.16 feet.
21 feet, - encoe The arc o1 a curve to the left,
ance.622feet.alon9 75 feet. a central-angle of
ruing: a redrus-°1 1 ord ,that ears t Said Lot 2{ .
r~qg and a: estedy line of said
f-e .to~ot ni p 6 course. along said sout2~;
Lne., (t)° NSp.25'20 W 53 87 fee ng
to the point of tiegmn+,.
restedy,
f47°59'03°W 37c01'fee more or less
bnlainin 14796 square feet. m
ecton 3 Name of Petitioner The col CREEK
r
S rdei
Victor, N-DISTMT; as the co he
u lion y in ITA possession Pursuant to he O Ord . legal y P.q~r 24, N02
a +n Gase
01:Possess+on~en'-
NoO1-CV-524
PARCEL D Fin' p - Condominium-
That Part of VER GUtJppt.<iU.~ IMS=accordirlg s6
Ma(j SUN:R r °.-ded'in gook 318 at Q , Clerk
of an exist-
corner on
at the most sEasement as n um Map : ;
8e9i60 fo ot `1e ) F~M NIUMS', ondom aloA~ess
ing GAoec thence,
said 'l CONDOI said 60 fodt Hide
SUN RIVER . ii ne , 7g,05 feet; thence17 60
1. W 11
northwivester Easement nOothwesle Im. feet to the_ Cron
parti..hen!cde 1460°5324C"oErtected)C~N pMINIUMS:
feet, )ine of said l RIVER. said north
eastedy Map o3 EN o 80 feet, ?nnm9 GOntaining
1 domirnum of beg
thence 7 59' the P
easterly line, t t.;'Ore or less. .
717'square tee , ExvilsvTANN TION,
TO PERM ON f Circulators 'who being
being of lawful age,.
tiO
The u ndersi9ornuP. Town
firstduy sw ned, uletordoil loveof!A on eU
n
That he was the j la to the this Page' a of
sisting e of xation o 1agages including
s gnature
for Ann
that
the circulator and erson
wand ltnesseIi, toau and thatthe dates
thereon or~gina
the true a they .pulP,nect..
tures are
whose Pam
of such s9^a Circulator. -
OF.. ssSTATE CIRCULATOR day .
pF~ AFFIDAVIT OF e this
O...to9 re m
Thbnbed ynd sworn to by -
Witness mYhand an esffldal sea
dul'age, k)eIn9 ;
I iK
arer he !true add
whose name they
of such signatures
t-be,anuy
Pureofo
are correct- Cirotrlator
STATE OF ss..
WheUtNo e9 Fg. AFFo )At IIT OF OIRCU~ TOR was
meth .-day belore
subscribed and sw . 2002, by ~ .
Witness my hand and sofficial . -seal
MY .co rrilssc n e%p1f as .
Notary the Eagie 2002Enterprise, une 6,
published in and Juwy
13, 20 and 27,