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TC Res. No. 1985-160 0 TOWN OF AVON RESOLUTION NO. 85-16 A RESOLUTION APPROVING AN AMENDED PETITION FOR ANNEXATION TO THE TOWN OF AVON OF A PARCEL OF LAND LOCATED IN SECTION 12, TOWNSHIP 5 SOUTH, RANGE-82 WEST OF THE 6TH PRINCIPAL MERIDIAN; AND SETTING FORTH FINDINGS AND CONCLUSIONS AND OTHER DETAILS THERETO. WHEREAS, an amended petition for annexation to the Town of Avon of a certain parcel of real property, being a parcel of land located in Section 12, Township 5 South, Range 82 West of the 6th Principal Meridian, 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 Craig Folson; and WHEREAS, in accordance with Section 31-12-107(1) (g), C:R.S., the Town Council may by ordinance annex the above specified prop- erty upon notice and - hearing, but without election, as provided in Sections 31-12-108 through 31-12-110, C.R.S.; 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 an amended-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 a-parcel of land - located in Section 12, Township 5 South, Range 82 West of the 6th Principal Meridian, and the Town Council specifically finds upon review of said petition: - (A) The petition is in substantial compliance with the require- ments of Section 31-12-107(1), C.R.S. (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., 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., as amended. Such hearing shall be held at 7:30 p.m. on the 2-8th day of May , 1985, at the Municipal Building; 400 Benchmark Road, Avon, Colorado 81620. 1 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 April 26, , 1985. PASSED AND ADOPTED THIS 23rd day of April' , 1985, in Avbn,'Eagle County, Colorado. ATTEST:,, 2. EXHIBIT "A" TOWN OF AVON, COUNTY OF EAGLE, STATE OF COLORADO AMENDED PETITION IN THE MATTER OF THE PROPOSED ANNEXATION OF UNINCORPORATED TERRITORY IN THE COUNTY OF EAGLE, STATE OF COLORADE, TO THE TOWN OF AVON, COLORADO (A parcel of'land located in Section 12, Township-5 South,, Range 82 West of the 6th Principal meridian.) TO THE HONORABLE TOWN COUNCIL OF THE TOWN OF AVON: The'undersigned, as the owner of more than 50% of the land in the area to be annexed, exclusive of streets and alleys, in accordance with the Colorado Municipal Annexation Act of 1965, as amended, hereby amends its previous petition for the annexation of a parcel of land in N2 SE4, Section 12, and hereby petitions the Town Council of the Town of Avon, Colorado, to commence proceedings to annex to the Town of Avon certain unincorporated territory located in the County of Eagle, State of Colorado, legally described in Exhibit "A" attached to this petition, and by this reference.incorporated herein. In support of said petition, the petitioners allege that: (1) The undersigned are the owners of more than 50% of the land in the area proposed to be annexed, excluding streets and alleys, owning the property identified in the annexation map attached hereto as Exhibit "B"-and by this reference incorporated herein; (2) It is desirable and necessary that the above described territory be annexed to the Town of Avon; (3) Not less than one-sixth of the perimeter of the area proposed to be annexed is contiguous with the Town of Avon; - (4) A community of interest exists between the territory proposed to be annexed and the Town of Avon; (5) The territory to be annexed is urban or will be urbanized in the near future; (6) The territory proposed to be annexed is integrated with or is capable of being integrated with the Town of Avon; Page 1 of 3 ,Pages A (7) No land held in identical ownership has been divided into separate parts or parcels without the written consent of the landowners; (8) No land held in identical ownership comprising twenty acres or more, with a valuation for assessment in excess of $200,000 for ad valorem tax purposes, has been included without written consent of the landowners; (9) No annexation resolution pursuant to Section 31-12-105, C.R.S. 1973, as amended, and no annexation petition or petition for an annexation election pursuant to Section 31-12-107, C.R.S. 1973, as amended, has been commenced for the annexation of part or all of such territory to another existing municipality; (10) This proposed annexation will not result in the detachment of area from any school district; (11) The mailing addresses of the signers of this petition and the dates of signing are affixed to the petition; (12) Attached to this petition is the affidavit that the signatures hereon are the signatures of the persons whose name he or she purports to be; (13) Accompanying this petition are four prints of an annexation map identified as Exhibit "B" containing the following information: (a) A written legal description of the boundaries of the area proposed to be annexed; (b) A map showing the boundary of the area proposed to be annexed; (c) A showing of the location of each ownership tract of land in the annexation area; (d) Next to the boundary of the area proposed to be annexed is drawn the contiguous boundary of the Town of Avon; (e) The dimensions of the contiguous boundaries are shown on the map; (f) The map bears the certificate and seal of a registered engineer or land surveyor and shows the dimensions by scale of the boundaries and the bearings of the boundaries of said area. Page 2 of 3 Pages The Petitioner respectfully request hereby that the the Town Council of the Town of.Avon, Colorado, make a finding of substantial compliance for this petition and commence proceedings for and approve the annexation of the subject territory. PETITIONER'S ADDRESS: PETITIONER: 800 Diamond Shamrock Tower Dallas, Texas 75201 STATE OF TEXAS raig F-51 son ss. COUNTY OF DALLAS ) The foregoing instrument was acknowledged before me this day of 1985 by Craig Folson. Witness my hand and official seal. My commission expires: (SEAL) Notary Public Page 3 of 3 Pages 0 LAND DESCRIPTION r~ A parcel of land located in Section 12, Township 5 South, Range 82 West of the Sixth Principal Meridian, Eagle County, Colorado, more particularly described as follows: Beginning at the Southeast corner of the NW1/4SE1/4 Section 12; thence along the South line of the NW1/4SE1/4, N89°37'02"W, 1302.02 feet; thence N20°01'19"E, 1097.52 feet to the Southerly right-of-way line of U.S. Highway No. 6; thence along the said Southerly right-of-way line of U.S. Highway No. 6 along a curve to the left an arc length of 612.63 feet with a radius of 3770.00 feet and a central angle of 9°18'38", whose chord bears N71°44'26"W,-611.96 feet; thence depart-ing'from said right-of-way line NI1°10'10"E, 98.10 feet to a point common to the Northerly right-of-way line of U.S. Highway No. 6 and the Westerly right-of-way line of Avon Road; thence along the Westerly right-of-way line of Avon Road N11°10'10"E, 130.10 feet; thence N43°49'30"E, 92.60 feet; thence N11°10'10"E, 54.14 feet; thence, along the approximate centerline of the Eagle River S86°36'05"W,_36.99_feet; thence continuing along the Westerly right-of-way line of Avon Road N09°25'30"E, 94.37 feet; thence N42°34'00"E, 37.70 feet; thence N10°33'30"E, 54.70 feet; thence along a curve to the left an arc length of 181.30 feet with a radius of 1095.90 feet, and a central angle of 09°28'43", whose chord bears N05°49'09"E, 181.09 feet to,, the Southerly right-of-way line of the Denver and Rio Grande Western Railroad; thence departing from the Westerly right-of-way line of Avon Road and contin- uing along the Southerly railroad right-of-way line N65°58'08"W, 1763.58 feet; to the Southerly boundary line of the Benchmark at Beaver Creek Subdivision, Amendment Number 4, Eagle County, Colorado; thence departing from the said Southerly railroad right-of-way and continuing along the Southerly subdivision boundary line N89°50'48"E, 303.99 feet; thence SO0°05'10"W, 26.85 feet to the Northerly right-of-way line of the Denver and Rio Grande Western Railroad; thence continuing along the Southerly subdivision boundary line and continuing along the Northerly railroad right-of-way line S65°58'08"E, 1819.07 feet; thence departing from the Northerly railroad right-of-way line and the Southerly subdivision line S24°01'52"W, 100.00 feet to the Southerly right-of-way line of the Denver and Rio Grande Western Railroad; thence continuing along the Southerly railroad right-of-way line N65°58'08"W, 235.91 feet to the Easterly right-of-way line of Avon Road; thence departing from the 'Southerly railroad right-of-way line and continuing along the Easterly right-of-way line of Avon Road along a curve to the right an are length of 155.79 feet with a radius of 1195.90 feet, and a central angle of 07°27'50",-whose chord bears S06°49'35"W, 155.68 feet; thence S10°33'30"W, 54.70 feet; thence S35°40'30"W, 35.30 feet; thence S04°26'30"W, 140.80 feet; thence S03* 49'30"E, 80.50 feet; thence S13°04'30"W, 95.60 feet to the center of said Section 12, Township 5 South, Range 82 West, being a brass cap monument found in place, thence S00°25'26"W, 44.45 feet to the Northerly right-of-way line of U.S. Highway No. 6; thence departing from the Easterly right-of-way line of Avon Road and continuing along the Northerly right-of-way line of U.S. Highway No. 6 along a curve to the right an arc length of 349.66 feet with a radius of 3870.00 feet, and a central angle of 05°10'36", whose chord bears S71°34'29"E, 349.54 feet; thence S73°52'56"E, 101.67 feet; thence along a curve to the right an arc length of 325.60 feet with a radius of 3880.00 feet and a central angle of 04°48'29", whose chord bears S65°05'11"E, 325.50 feet; thence S62°40'56"E, 751.40 feet; thence departing from the Northerly right-of-way line of U.S. Highway No. 6 S27°19'04"W, 120.00 feet to a point common to the Southerly right-of-way line of U.S. Highway No. 6 and the East 1/16 line of Section 12; thence along the said East 1/16 line of Section 12 SO0°16'44"W, 561.57 feet to the point of beginning. Said parcel of land contains 31.950 acres. 0 TOWN OF AVON RESOLUTION NO. • 85-16 A RESOLUTION APPROVING A PETITION FOR ANNEXATION TO THE TOWN OF AVON OF A PARCEL OF LAND LOCATED IN THE NIbSE'!•. SECTION 12, TOWNSHIP 5 SOUTH, RANGE 82 WEST OF THE 6TH PRINCIPAL MERIDIAN; 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 a parcel of land located in the NW.SEW Section 12, Township 5 South, Range 82 West of the 6th Principal Meridian, 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 one-hundred percent of the real property proposed for-annexation, exclusive of the streets and alleys, is Craig Folson,'and WHEREAS, in accordance with Section 31-12-107(1) (g), C.R.S.-, the Town Council may by ordinance annex the above specified property without notice, hearing or election, as provided in Sections 31-12-108 through 31-12-110, C.R.S.; 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 a parcel of land located in the N'2 SE% Section 12, Township 5 South, Range 82 West of the 6th Principal Meridian, 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), C.R.S. l /t (B) The petition was signed by the owners of one-hundred percent of the area proposed to be annexed, exclusive of streets and alleys. Section 2. Effective Date. This Resolution shall be effective immediately. PASSED AND ADOPTED THIS County, Colorado. day of April 1985, in Avon, Eagle r-- ~7. 1, Mayor 9th -2- Section 2. Publication. This Resolution shall be published once a week for four successive weeks in the Vail Trail, or another newspaper of general circulation in Eagle County, commencing no later than 1985. Section 4. Effective Date. This Resolution shall be effective immediately. PASSED AND ADOPTED THIS 9th day of April 1985, in Avon,' Eagle County, Colorado. ATTEST: Town Clerk Mayor- EXHIBIT "A" LAND DESCRIPTION' 0 A parcel of land located in the N1/2 SE1/4, Section 12, Township 5 South, Range 82 West of the 6th Principal Meridian, Eagle County, Colorado, more particularly described as follows: Beginning at the Southeast corner of the NW1/4 SE1/4, Section 12,; thence along the'South line of the NW1/4 SE1/4, N8903710214W, 1302.02 feet; thence N20001119"E, 1207.56 feet to the Northerly right-of-way line of U.S. Highway No. 6; thence along the said Northerly right-of-way line of U.S. Highway.No. 6 along a curve to the right an arc length of 307.77 fret with a radius of 3880.00 feet,-,and a central angle of 4 32'41", whose chord bears S6405711611E, 307.69 feet;--thence S62°40'56"E, 751.40 feet; thence departing from said right-of-way line S2701910411W, 120.00 feet to a point common to the Southerly right-of-way line of U.S. Highway 6 and the East 1/16 line of said Section 12; thence along-the East 1/16 line of said Section 12 SO0o16'44"W, 561.57 feet to the point of beginning. Said parcel of,land contains 24.339 acres.