TC Res. No. 1998-5408/20/1998 16:03 3038581802 WHITE AND ASSOC PAGE 04
TOWN OF AVON
RESOLUTION NO. 5 4
A RESOLUTION APPROVING THE PETITION FOR ANNEXATION OF PROPERTY
GENERALLY KNOW AS "TEE CONFLUENCE"
WHEREAS, a petition for annexation of certain property generally known as "The
Confluence" was filed with the Town of Avon ("Town") on July 13, 1998; and
WIMEEAS, the Town has heretofore found by Resolution that said annexation petition
was in substantial compliance with the applicable requirements of Section 31-12-107(1), C.R.S.,
of the Municipal Annexation Act of 1965, as amended (the "Act"); and
WB EREAS, the Town has conducted the required public hearing to determine if the real
property described in Exhibit A (the "Property") is eligible for annexation under Sections 31-12-
104 and 105, C.R.S. of the Act; and
WHMEAS, notice of the petition for annexation and hearing before the Town Council
was published for four consecutive weeks in The Vail Valley Times and the Eagle Valley
Enterprise and was sent by registered mail to the Clerk of the Board of County Commissioners of
Eagle County, the County Attorney, the school district and any special district having territory in
the area;
NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE
TOWN OF AVON, COLORADO:
1. Findi . The Town Council makes the following findings of fact under the Act:
A. Not less than one-sixth of the perimeter boundary of the Property is
contiguous with properties in the Town; and
B. A community of interest exists between the Property proposed to be
annexed and the Town, and
C. The Property is urban in nature or will be urbanized in the near future; and
D. The Property is integrated with or is capable of being integrated within the
Town; and
E. The limitations of Section 31-12-105, C.R.S., do not prevent the
annexation of the Property or any part thereof; in that:
i. No portion of the Property which is held in identical ownership
and consisting of either a single tract or parcel, or two or more contiguous tracts
or parcels, has been divided or portion thereof excluded from the area to be
annexed without the written consent of the owners; and
08/20/1998 16:03 3038581802 WHITE AND ASSOC PAGE 05
ii. No portion of the Property which is held in identical ownership
and comprises twenty or more acres, having an assessed valuation for ad valorem
tax purposes in excess of $200,000 has been included in the area to be annexed
without the written consent of the owners; and
iii. The annexation will not result in detachment of the Property from
the school district in which it is located; and
iv. No proceedings have been commenced for the annexation of all or
part of the Property to another municipality, and
v. The annexation of the Property will not have the effect of
extending the municipal boundaries of the Town more than three (3) miles in any
one direction from any point of the municipal boundary in any one year.
2. El' 'bbiil~tv,. Accordingly, the Property is eligible for annexation. No election is
required under Section 31-12-107 (21 C.RS., and no additional terms or conditions are imposed
on the area to be annexed except pursuant to the "Annexation Agreement" attached hereto as
Exhibit B and incorporated herein by this reference. The Town Council may annex the Property
by ordinance expressly conditioned on the terms of the Annexation Agreement. The
determination as to whether the Property should be annexed shall be made at a time an
annexation ordinance is acted on by the Town Council.
APPROVED AND ADOPTED THIS 2 5 DAY OF AUGUST, 1998.
TOWN OF AVON
By: J,- , a ,
or
A S
T: (S E A L)
T~~ P\
To Ierk
VAINCVMCIIMC143 W81998
0461/0466.MOI
2
08/20/1998 16:03 3038581802 WHITE AND ASSOC PAGE 06
E)MMIT A
The Properly
20/1998 16:03 3038581802 WHITE AND ASSOC PAGE 07
EXHIBIT A
A parcel of land located In the south 1/2 of the northwest 1/4 of
Section 12. Township S South. Range 82 West of the S dh Principal
Meridian. Eagle County, Caloroda, being more particularly desmbed as
fdlm=
Begimning at o point on the southerly rfght-of-way fine of tho Dens &
Rio Grande Mlestem Rall Rood and the westerly right-of-way line of Avon
Road, from which the Canter 1/4 comer of Section 12 bears
S 04718'06' E 612.39 feet; thence long the southerly railroad right-
of-way N 65"2327' W. 1729.75 feet to the southeasterly most career of
Tract K. 9enchrnork at Beaver Creek Subdivision. Amendment Number a os
recorded in Book 274 at page 701; thence deporting the southerly right-
of-way line and song the southerly fine of Tract H N 89'32'01' 1K
397.29 feet to a point an the easterly Ifni of Seaver Creek SubdivisbN
Tracts 0 and P. as recorded In Back 656 at page 662, said line being
oleo the approximate centerline of the Eagle River. thence along the
easterly Pine the following ten (10) course
1) S 48'08'55' E, 13270 feet. 2) S 572226' E, 341.00 feet.
S 49'50'33" E. 458.67 feet. 4) S 4T4700' E 293.81 feet.
S S 4340'09' l; 152.41 feet, 6) S 50'10'13' E 154.95 feet.
S 534245' 8. 187.29 feet, 8) S 81'26'34' E. 214.88 fact.
9 N 86'00759' E 162.21 feet. 10) N 8616'05' E 127.33 feet to a point on
the westerly right-of-way line of Avon Road; thence along the westerly
right-cf-way line the fWowinq four (4) courses: 1) N 12 0508' E
120.18 feet. 2) N 12'030' E, 86600 feet. 3) N 21'17'14' E. 5200
feet. 4) N 04'29'54' E. 119.79 feet to the Point of Winning.
Parcel Contains 18.886 acres.
08/20/1998 16:03 3038581802 WHITE AND ASSOC PAGE 08
E3MMlT B
A ax don Agreement
l
qjw
FINAL 9-11-98
ANNEXATION AGREEMENT
THIS ANNEXATION AGREEMENT is made and entered into this 25 day of
August , 1998, by and between VAIL ASSOCIATES INVESTMENTS, INC.,
a Colorado corporation hereinafter referred to as "the ANNEXEE", and the TOWN OF AVON,
COLORADO, a municipal corporation, hereinafter referred to as "the TOWN."
WITNESSETH:
WHEREAS, the ANNEXEE is the owner of the property described in Exhibit A, attached
hereto (the "Property"), and has filed a petition to annex said property to the TOWN; and
WHEREAS, various issues remain to be resolved in connection with the 'anticipated use
of the Property; and
WHEREAS, the ANNEXES desires to form two metropolitan districts to serve the
permitted uses on the Property and must hold organizational and bond elections in November,
1998, (the "Election") in order to permit such districts to be formed to serve the Property; and
WHEREAS, the TOWN and the ANNEXEE desire to conditionally annex the property to
the TOWN without concurrent zoning so the districts can be approved in time to permit the
Election to occur while also allowing the negotiating process to continue to resolve outstanding
land use and other issues while fully reserving to the parties the power and authority to
disconnect the Property as set forth herein if such issues' cannot be resolved to the mutual
satisfaction of the parties; and -
WHEREAS, the parties mutually agree that the conditional annexation of the Property to
the TOWN shall not create any additional cost or impose additional burden on the existing
residents of the TOWN to provide public facilities and services to the Property after annexation
nor shall it create any obligation of any kind on the parties except as specifically set forth herein
or in the Development Agreement contemplated herein; and
WHEREAS, the parties intend, after annexation of the Property, to negotiate in good faith
to complete a development agreement setting forth in detail their, respective duties, obligations
and rights with respect to the Property (which agreement shall be referred to herein as the
"Development Agreement").
In consideration of the foregoing premises and the covenants, promises, and agreements
of each of the parties hereto to be kept and performed by each of them, IT IS AGREED:
111111111111111111111111111111011111111111 Sara m HIM 11111111
677379 11/23/1998
L INTENTION OF THE PARTIES
1. It is the express intention of the parties hereto,, and the express intent by which
this Agreement shall be interpreted and the rights of the parties determined in all cases, that the
TOWN shall conditionally annex the Property without granting any zoning of any kind at the
time of annexation, and that the TOWN shall consider the approval of service plans for special
districts which may ultimately serve the Property in sufficient time to permit the Election to
occur, but only on condition that the parties enter into good faith negotiations to attempt to
complete a Development Agreement as contemplated below, and that if such Development
Agreement is riot completed to the mutual satisfaction of the parties by October 31,1998, the
Property shall be disconnected from the TOWN unless said date is extended by mutual written
agreement. To that end, the parties specifically agree that the annexation of the Propery by the
TOWN as a conditional annexation, the approval of service plans for districts by the TOWN, and
the entering into good faith negotiations to complete a Development Agreement shall not
obligate the parties to execute any agreement, grant any zoning, or -permit any use on the
Property except as is voluntarily agreed by the Parties.
2. In the event the right of disconnection arises as contemplated herein, either patty
without consent of the other shall be entitled to seek such court orders as may be necessary to
give effect to this Agreement disconnecting or confirming the disconnection of the Property from
the TOWN. Such, disconnection may be by Town ordinance or order to be obtained from the
court vested with legal jurisdiction. Each party agrees that it will not contest any such effort by
the other party and will provide reasonable assistance to the other party to achieve 'such
disconnection by November 30, 1998 unless said date is extended by mutual written agreement.
In such event, this provision shall be deemed a request, application and petition by ANNEXEE
and agreement by the Town to have the TOWN or the district court order or confirm the Property
disconnected from the Town.
IL DEVELOPMENT AGREEMENT
1. The Development Agreement shall at a minimum address the following matters to
the satisfaction of the parties:
tax rebates
land uses-and zoning
special districts
- development entitlements
conference center
traffic impacts
2. The ,foregoing is not intended to be an exclusive list- of issues to be addressed by
the parties. Matters may be added to or deleted from said list at will of the parties; provided,
however, that if a Development Agreement is not completed to the mutual satisfaction of the
parties hereto, the remedies herein may be fully exercised by either or both parties.
6MU 11/23/1998 04:19P 27 Siara Fisher
IIL ZONING, DEVELOPMENT AGREEMENT AND DESIGN
1. Immediately after annexation of the Property is complete, the ANNEXEE and the
TOWN shall commence negotiations toward the completion and execution of the Development
Agreement, described herein, and the ANNEXEE shall: submit an application for zoning of the
Property substantially as set forth in a "Land Use Plan" to be developed in conjunction with the
Development Agreement. There shall be no statutory, constitutional, nor other obligation of the
TOWN to zone the Property -except as such matters are contemplated in the Development
Agreement and zoning application filed consistent therewith.
2. In the event that prior to November 1, 1998 (1) the TOWN and the ANNEXEE
are unable, despite their good faith efforts, to reach agreement on the terms and conditions of the
Development Agreement, or (2) the TOWN does not adopt the appropriate ordinance adopting
zoning for the Property substantially as set forth in the Land Use Plan or otherwise satisfactory to
the ANNEXEE, or (3) if such zoning is adopted by the TOWN but is invalidated by referendum
or other lawsuit, then, in any such event and upon notice by one party to the other of such event,
the Property shall be immediately disconnected from the TOWN, and the parties shall
immediately take all action necessary to cause such disconnection.
IV. SPECIAL DISTRICTS
1. Immediately upon execution of this Agreement, the . ANNEXEE shall be
permitted to file service plans for two special districts to serve the Property which shall contain
the information required by law for the TOWN to adopt a resolution of approval thereof. The
TOWN-shall act in good faith and expeditiously to consider the adoption, of a resolution of
approval not later than September- 22, 1998 in order to permit the Election to occur on November
3, 1998. If resolutions of approval are not obtained, all negotiations regarding the Development
Agreement may, cease, but such negotiations shall not be required to cease. The ANNEXEE
agrees that any special districts established within the Property shall neither levy, charge, or
collect, . taxes, issue debt, not shall such districts apply for or request Colorado Conservation
Trust Funds as supplemented byAe state lottery until a Development Agreement is executed.
2. In the event special districts are organized, the - ANNEXEE shall not have any
right to use such 'districts for any reason until a Development Agreement is executed and an
amended service plan is approved if required by the TOWN. If a'Development Agreement.is not
executed as contemplated herein, the districts shall be dissolved immediately. The provisions of
this Article shall be incorporated in the initial service plans for such districts as conditions of
service plan approval.
11111111 m IIIIIIIIIII III Hill IIII IN
677379 11/23/1998 04:19P 27 S;a:ra- Fisher
V. GENERAL PROVISIONS
1. This Agreement shall be recorded with the Clerk and Recorder in Eagle County,
Colorado, and shall run with the Property, and shall be binding upon and inure to the benefit of
the heirs, successors, and assigns of the parties hereto. Every part of the Property shall at all
times remain subject to all the obligations of this Agreement with respect to each part of the
Property.
2. Nothing contained in this Agreement shall constitute or be interpreted as a repeal
of existing codes or ordinances or as a waiver or abrogation of the TOWN's legislative,
governmental, or police powers to promote and protect the health, safety, or general welfare of
the TOWN or its inhabitants; nor shall this agreement prohibit the enactment by the TOWN of
any fee which is of uniform or general application.
3. If the annexation or zoning of the Property or any portion thereof is challenged by
a referendum or initiative, all provisions of this Agreement, together with the duties and
obligations of each party, shall be suspended pending the outcome of the referendum election. If
the referendum challenge to 'the annexation results in disconnection of the Property from the
TOWN, then this Agreement and all provisions contained herein shall be null and void and of no
further effect. If the referendum challenge fails, then the ANNEXEE and the TOWN shall
continue to be bound by all terms and provisions of this Agreement.
4. In the event that the annexation of the Property or any portion thereof is voided by
final' action of any court, such action being associated with a referendum or initiated action, the
TOWN and the ANNEXEE shall cooperate to cure the legal defect which resulted in
disconnection of the Property or zoning challenge, and upon such cure this Annexation
Agreement shall be deemed to be an agreement to annex the Property to the TOWN pursuant to
Section 31-12-121 of the Colorado Revised Statutes. The ANNEXEE may reapply for
annexation as when the Property becomes eligible for annexation as determined by the TOWN.
5. It is understood and agreed by the parties hereto that if any part, term, or
provision of this Agreement is by the courts held to be illegal or in conflict with the constitution
or any law of the State of Colorado or the United States, the validity of the remaining portions or
provisions shall not be affected and the rights and obligations of the parties shall be construed
and enforced as if the agreement did not contain the particular part, term, or provision held to be
invalid. Notwithstanding the foregoing, if the ANNEXEE'S right to disconnect contained in
Article III.2., or the TOWN's discretion over terms of the Development Agreement provided in
Article II is determined to be illegal, unenforceable or in conflict with any applicable law, then
this Agreement in its entirety shall be immediately void and of no further force or effect as to the
Property and the TOWN shall take such action as is necessary to cause or confirm the
disconnection of the Property, it being deemed that a condition of approval of the annexation
ordinance has not been met.
6. This Agreement, the attached exhibits and the Development Agreement embody
the whole agreement of the parties. There are no promises, terms, conditions, or obligations
other than those contained herein; and this Agreement shall supersede all previous
III IIIII NIIIII BIII IIII IIII1111111 ~ IIIII ICI IIB
677379 -11/23/1998 04:19P 27 Sara Fisher-
4 of 8 R 41.00 6 0.06 N 0.611 Eagle CO
communications, representations, or agreements, either verbal or written, between the parties
hereto. Except as provided is this Agreement, there shall be no modification of this Agreement
except in writing, executed with the same formalities as this instrument. Subject to the
conditions precedent therein, this agreement may be enforced in any court of competent
jurisdiction.
7. This agreement shall terminate and expire thirty (30) years from the date of
execution hereof. Thereafter, so long as the Property is located within the municipal boundaries
of the TOWN, it shall continue to be subject to the charter, ordinances, and rules and regulations
of the TOWN.
8. Under the Development Agreement, the ANNEXEE may be required to dedicate
certain portions of the Property for public use and/or convey certain portions of the Property to
the TOWN. All such dedicated or conveyed real property shall be dedicated for the perpetual
use and benefit of the public by the dedication language of the relevant subdivision plat or shall
be conveyed to the TOWN by general warrant deed free and clear of mortgages, deeds of trust,
and other liens of whatever sort, and be free and clear of other restrictions, reservations,
exceptions, covenants, easements, rights-of-way, and other encumbrances (except easements of
record), and other encumbrances or natural conditions, except for those to which the TOWN had
no reasonable objection in light of the intended use of the site, at no monetary cost to the TOWN.
IN WITNESS WIEREOF, the parties hereto have executed this agreement the day and
year first above written.
The ANNEXEE:
Vail Associates Investments, Inc., a
Colorado corporation
By: 4A5 . -
(Nam and title)
41A:TE OF COLORADO )
c ) ss.
- ,COUN TY-OF EsWG45- )
` Subscribed'. before me this 23 ieD day of 4n27n ;5g5X-- 1998, by
J,44&-5 6, A44AIi z. as SR. V, P. ~Eal nuss~ of Vail Associates Investments,
Inc.
My co sion expires: 8 - X40
No is
III'I'll IIII IIIIIII III "I!I'lII IIlI
1111111 IIIII IIII
877379 11/23/1998 04:19P 27 Sara Fisher
5 of 8 R 41.00 0 0.00 N 0.00 Eagle CO
The TOWN:
TOWN OF AVON, COLORADO
A municipal corporation of the Eagle
County, State of Colorado
By: Q-~~a2
(N~ a and title) Mayor
STATE OF COLORADO
) ss.
COUNTY OF Eagle )
Subscribed before me this day of 1998, by.
L~ we e ~-f as Lh-t c) r of Town of Avon, Colorado.
My commission expirehh Commission Expires M12820
Notary Public
V AINCXAGRT\IMC 1344081098
0244.2033
i iniii 11/23/-19ft.04-:,19P 27 Sara ii{n~ iiii ~i
677379
EXHIBIT A
LEGAL DESCRIPTION
677379 11/13/1998'04-:-ISP 27 Sai-ok Fisher
7 of, 8 R 41.00 D 0.09A OAS -"916 00
EXHIBIT A
LAND DESCRIPTION
A parcel of fond located In the sputh 1/2 of the northwest 1/4 of
Section 12, Township 5 South, Range 82 West of the.Sixth Principal
Meridian, Eagle County, Colorado, being more particularly described as
:u
follows:
Beginning of o point on the southerly right-of-way line of the Denver dt
3
Rib Grande Western Rail Rood and the Westerly, right-of-way line of Avon
Road, from which the Center 1 /4 corner of Section 12 bears
S 04'18'06" E. 612.39 feet; thence along the southerly railroad rignt-
°
of-way N 65'23'27' W. 1729.75 feet to the southeasterly most corner of
Tract N, Benchmark at 9eover Creek Subdivision, Amendment Number 4, as
recorded in Book 274 at page 701; thence deporting the- southerly right-
of-iWcy line and along the southerly line of Tract H N 89'32'01' W,
397.29 feet to a point on the easterly line of Beaver Creek Subdivision,
Tracts 0 and P. as recorded in. Book 656 at page 662, said line being
also the approximate centerline of the Eagle River; thence along trio
z; 413
easterly line the following ten (10) courses!
T
1) S 48'08'55' E. 132.70 feet, 2) S 57'22'26' E, 341.00 feet,
3) S 49'50'33" E. 455.67 feet, 4) S 47'47'00" E. 293.81 feet,
S
5 S 43'40'49' E. 152.41 feet. 6) S 50'10'13" E. 154.96 feet,
Svc
7 S 53'42'45" E. 187.29 feel, 8) 5 81'26'34" E, 214,88 feet,
9 N 86'00'59" E. 162.21 feet. 10) N 85'36'05' E. 197.35 feet to o point on
D
the westerly right-of-way line of Avon Road; thence along the westerly
'
'
2
E,
05
08
right-of-woy line the following four (4) courses: 1) N 11
120.18 feet, 2) N 12'07'30' E. 86.00 feet, 3) N 2t'17'14" E. 52.00
feet, 4) N 04'29'54" E. 119.79 feet to the Point of, Beginning.
;r
Parcel Contains 18 886 acres.
Together with three (3) parcels cf land known as TK-10-A, TK-10 and
PE-10 also being located in the South 1/2 of the Northwest 1/4 of
Section 12, Township 5 South, Range 82 West of the Sixth Principal
Meridian, Eagle County, Colorado, the exterior boundary of these
combined parcels being more particularly described as follows:
Beginning of the Northeast corner of the Confluence from which the
center 1/4 of Section 12 bears S04' 18' 06"E, 612.39 feet; thence
along the southerly right-of-way line of the Denver and Rio Grande
Western Railroad S 65' 23' 27"E. 33.06 feet; thence departing said
railroad right-of-way along the arc of o non-tangent curve to the right.
181.21 feet, having a radius of 1095.90 feet. a central angle of 09' 28'
26' and a chord which bears SOW 28' 4$'W, 181.00 feet; thence the
following seven (7) courses:
1. $11' 13' 03"W, 54.70 feet
2. S43' 13' 33"W, 37.70 feet
3. S10' 05' 03"W, 94.50 feet
4. 586' 36' 05"W. 28.16 feet
5. N12' 05' 08' 120-18 feet
6. N12. 07' 30'E, 86.00 feet
7. 'N21', 17' 140E, 52.00 feet
thence N04' 29' 54"E. 119.79 feet to the Point of Beginning_
Parcel contains 0.28 acres more or ies%
nm ~ im Sara
i ~677379 im11/23/1996 04:19P uuim ilia iiii Wn ~ni Fisher