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TC Res. No. 1982-04f • 1 TOWN OF AVON RESOLUTION NO. #82-4 SERIES OF 1982 ' A RESOLUTION APPROVING A PETITION FOR ANNEXATION TO THE TOWN OF AVON OF TWO PARCELS OF LAND LOCATED IN SECTION 12, T. 5 SOUTH, RANGE 82 W. OF THE 6TH P.M., EAGLE COUNTY, COLORADO; AND SETTING FORTH FINDINGS AND CONCLUSIONS AND OTHER DETAILS THERETO. WHEREAS, a petition for annexation to the Town of Avon of a certain parcel of real property, being two parcels of land, located in Section 12, T. 5 South, Range 82 W. of the 6th P.M., Eagle County, Colorado, more particularly described on Exhibit "A", attached hereto and made a part hereof, has been submitted to the Town Clerk of the Town of Avon and referred therefrom,to the Town Council; and WHEREAS, the owner of more than fifty percent of the real property proposed for annexation, exclusive of the streets and alleys, is Confluence at Beaver Creek, a Colorado general partnership; and WHEREAS, in accordance with Section 31-12-107 (1) (g), C.R.S. 1973, as amended, the Town Council may by ordinance annex the above specified property without an election, upon notice and hearing as provided in Sections 31-12-108 through 31-12-110, C.R.S. 1973, as amended"; and WHEREAS, the Town Council is of the opinion that the petition should be granted and that the subject real property should be annexed to the Town of Avon; NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO, THAT: Section 1. Findings. The Town Clerk of the Town of Avon has referred to the Town Council a petition for annexation of a certain parcel of real property (hereinafter referred to as the "subject property" and as more specifically described in Exhibit "A" attached hereto and incorporated herein by this reference) being two parcels of land located in Section 12, T. 5 South, Range 82 W. of the 6th P.M., Eagle County, Colorado, and the Town Council specifically finds upon review of said petition: (A) The petition is in substantial compliance with the requirements of Section 31-12-107 (1) (g), C.R.S. 1973, as amended. (B) The petition was signed by the owners of more than fifty percent of the area proposed to be annexed, exclusive of streets and alleys. Section 2. Hearing. As required by Section 32-12-108, C.R.S. 1973, as amended, a hearing shall be held to consider the petition and determine whether it complies with Sections 31-12-104 and 31-12-105, C.R.S. 1973, as amended. Such hearing shall be held at 7:30 p.m. on the o;?6~/_day 1 of , 1982 at the Municipal Building, 400 Benchmark Road, U Avon, Colora o 81620. Section 3. Publication. This Resolution shall be published once a week for five successive weeks in the Vail Trail, or another newspaper of general circulation in Eagle County, commencing no later than 07 - - , 1982. Section 4. Effective Date. This Resolution shall be effective immediately. PASSED AND ADOPTED THIS day of 1982, in Avon, Eagle-County, Colorado. AMMVCT. -2- a & 0 6 DESCRIPTION OF PROPERTY TO BE ANNEXED: i A tract of land situate in the County of Eagle, State of C o lo,,i ,y_ j :to-wi t: L'ocated'in the South 1/2 of the Northwest 1/4, the South 1/2: oil' the Ao theast 1/4, the.North 1/2 of the Southwest 1/4 and `the writ 11~ of t;r tM Southeast 1/4 of Section 12, Township 5 South, Range! 62';il st of the' sixth, principal aeridian, being more particularly described ;as' foll« jConsideringl 4he east line of the NW 1/4 as bearing N 00 @6 14 E and al bearings contairad herein relative thereto: ;~!a Co ring at the cardar corner of said Section 12; thence,N 17° 53' 10" E, 637.67 feet to a point on the north right-of-way line of the Qanver and ;Rip Gram Western Railroad, said point also being the southeast.comer 'of:Avon Aid Tract "E" of Benchmark at Beavercreek Subdivision, Rivised Final Plot, Eagle Cainty, Colorado, as recorded with the Eagle'Cou y Clerk and Recorder and being the True Point of Beginning. j Thence, S 65° 58' 08" E. 150.39 feet along the said railroad right-of-way line; thence, S 24° 01' 52" W. 100.00 feet to a point on the south railroad right-of-gray line; thence, N 65° 58' 08" W, 236.78 feet along the south railroad right-of-way line to a point on the east right-of-way line of Avon Road; thence, 155.59 feet along the arc of a non-tangent curve to the right with a radius of 1201.84 feet, central angle of 01° 25' 03", and whose -long chord bears S 06° 50' 23" W, 155.48 feet; thence, S 10° 32' 54" W. $4.70 feet; thence, S 35° 39' 54" W. 35.30 feet; thence, S 04° 25' 54" W, 140.80 feet; thence, S 03' 48' 54" E, 80.50 feet; thence," S.13* 03' 54" W. 95.60 feet to the center corner of Section 12; thence, S 00° 10' 54" E, 44.50 feet to a point on the north right-of-way line of Colorado State Highway 6 b 24; thence, along the said highway right-of-way line 159.40 feet along the arc of a curve to the left with a radius of 3.870.00 feet, central angle of 02° 21' 36", and whose long chord bears N 75° 45' 54" W, 159.39 feet; thence, leaving the said highway right-of-way line and continuing along the west right-of-way line of Avon Road N 10° 32' 54".E. 130.10 feet; thence, N 18° 20' 53" E, 124.61 feet; thence, leaving the said right-of-way line of Avon Road and continuing along the following courses and distances of the approximate centerline of the Eagle River: S 85° 58' 54" W, 225.41 feet, S 85° 23' 48" W, 162.21 feet, N 82° 03' 45" W, 214.88 feet, N 54° 19' 56" W. 187.29 feet, N 50° 47' 24" W, 154.96 feet, N 44° 17' 20" W, 152.41 feet, h 48° 24' 11" W, 293.81 feet, N 50° 27' 44"'W, 455.67 feet, N 57° 59' 37" W, 341.00 feet, N 48° 46' 06" W, 132.70 feet, to a point on the south boundary of Tract "H" of said Benchmark at Beavarcreek Subdivision, Revised Final Plat, Eagle County, Colorado, said line being the north line of the S 1/2 of the NW 1/4 of said Section 12; thence. along said line N 89° 50' 48" E, 701.30 feet to a point on the north right-of-way line of said Denver and Rio Grande Western Railroad; thence, along said railroad right-of-way S 00° 05' 10" W, 26.86 feet; thence. S 65° 58' 08" E. 1668.68 feet to the True Point of Beginning. . The above tract contains 25.408 acres and is subject to all easements or r1 ghts-of~aay of record.