TC Res. No. 2001-18RESOLUTION NO.01-18
SERIES OF 2001
A RESOLUTION INITIATING ANNEXATION PROCEEDINGS FOR A PORTION OF
THE LAND KNOWN AS MCGRADY ACRES INTO THE TOWN OF AVON; FINDING
SUBSTANTIAL COMPLIANCE OF THE PETITION' FOR ANNEXATION; AND
SETTING A HEARING THEREON.
WHEREAS, Petitioners EMD Limited Liability Company and Traer Creek LLC filed
with the Town Clerk a Petition for Annexation (Exhibit A hereto) concerning a portion of the
land known as McGrady Acres and as particularly described in such petition, which petition
has been referred to the Town Council;
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE
TOWN OF AVON, COLORADO:
.Section 1. Findinjzs. The Town Clerk has referred to the Town Council the Petition
for Annexation attached hereto as Exhibit A. The Town Council specifically finds upon
review of said petition that it is in substantial compliance with the requirements of C.R.S. §
31-12-107(1).
Section 2. Hearing. A hearing on the petition shall be held at 5:30 P.M. on
September 25, 2001, at the Council Chambers in the Avon Municipal Building, 400
Benchmark Road, Avon, Colorado, to determine if the proposed annexation complies with
31-12-104 and 31-12-105, C.R.S., and whether the subject property is eligible for annexation.
Section 3. Publication. This Resolution shall be published once a week for four
successive weeks in The Vail Daily newspaper, a newspaper of general circulation in Eagle
County, Colorado, commencing no later that August 23, 2001.
Section 3. Effective Date. This Resolution shall be effective immediately upon
approval.
ADOPTED this 14th day of August, 2001.
TOWN OF AVON, COLORADO
Ql~
J y Yode M or
Nash, Town Clerk
APPROVED AS TO FORM:
Burt Levin, Town Attorney
PETITION FOR ANNEXATION
TO THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO:
The undersigned (collectively, "Petitioners'); in accordance with the Municipal
Annexation Act of 1965 as set forth in Article 12, Title 31, Colorado Revised Statutes, as
.amended and as in effect on the submission date set forth below ("Annexation Act'), hereby
petition ("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 ("Prop Vrt 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 Petitioners comprise 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 Petitioners hereby consent to
the establishment of the boundaries of the Property as shown on the annexation plat submitted .
herewith.
1. 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 (509/0) 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 t he: 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.
51=5.2 N"YM
13. If a portion of a platted street or alley is to be annexed, the entire width thereof is
included within the Property.
14. The legal description of the land owned by the Petitioners is set forth underneath
the name of each such Petitioner on Exhibit B, attached hereto and incorporated herein by this
reference.
15. The affidavit of the circulator. of this Petition certifying that each signature on this
Petition is the signature of the person whose name it purports to be and certifying the accuracy of
the date of such signature is attached hereto as Exhibit C and is incorporated herein by this
reference.
16. This Petition is accompanied by four prints of an annexation map containing,
among other things, the following information:.
(a) A written legal description of the boundaries of the Property;
(b) A map showing the boundary of the Property;
(c) Within the annexation boundary map, a showing of the location of each
ownership tract in unplatted land and, if part or all of the area is platted, the boundaries
and the plat numbers of plots or of lots and blocks; and
(d) Next to the boundary of the Property, a drawing of the contiguous
boundary of the annexing municipality abutting the Property.
17. In connection with the processing of this Petition, the Petitioners request that the
Town:
(a) Institute zoning and subdivision approval processes for the Property in
accordance with- applicable provisions of the Municipal Code of the Town of Avon and in
accordance with Section -115 of the Annexation Act; and
(b) Approve and execute an annexation and development agreement
("Annexation and.Development Agreement") which establishes vested property rights for
the Property for an agreed upon term of greater than three years, pursuant to Chapter
17.14 of the Municipal Code of the Town of Avon and Article 68, Title 24, Colorado
Revised Statutes, and which otherwise establishes the development plan for the Property.
18. Petitioners have filed this Petition subject to the following conditi ons:
(a) Concurrently with its approval of annexation of the Property, the Town
Council: (i) approves for those portions of the Property which are not public
right-of-way zoning and subdivision which is substantially consistent with the
applications for zoning and subdivision which Petitioners Traer Creek LLC and, EMD
Limited Liability Company submit in connection with this Petition; and (ii) approves and
authorizes execution of the Annexation and Development Agreement.
(b) Petitioner Traer Creek LLC shall have the right, with or without the
consent or agreement of any other landowner within the Property, to withdraw this
Petition by so notifying the Town Clerk in writing prior to the fortieth (40th) day after the
latest effective date of the final ordinances or resolutions approving annexation of the
Property, the Annexation and Development Agreement, or zoning or subdivision of the
Property; provided, however, that such withdrawal right may be exercised only if a third
party commences a formal challenge to any of the approvals within such period.
(c) Prior to expiration. of the period described in . the foregoing
subparagraph (b) without Petitioner Traer Creek LLC having withdrawn the Petition,
neither Petitioners nor the City shall cause or permit the occurrence of the conditions to
effectiveness of the annexation as set forth in Section -113(2)(b) of the Annexation Act.
19. Upon the annexation of the Property becoming effective, and subject to the
conditions set forth in this Petition and to be set forth in the Annexation and Development
Agreement, the Property shall become subject to all ordinances, resolutions, rules and
512606.2 MAYER
regulations of the Town, except as otherwise set forth in the Annexation and Development
Agreement, and except for general propertytaxes 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 and of the Annexation and
Development Agreement, which terms and conditions Petitioners expressly approve and
therefore do not constitute an imposition of additional terms and conditions within the meaning
of Section'-I07(1)(g) of the Annexation Act, Petitioners request that no additional terms and
conditions be imposed upon annexation of the Property to the Town.
. THEREFORE, Petitioners request that the Town Council of the Town of Avon,
Colorado, complete and approve the annexation of the Property pursuant to the provisions of the
Municipal Annexation Act of 1965, as amended.
Respectfully submitted this .26i~t day of Aui'uST , 2001.
Signatures of Landowners/Petitioners:
EMD LIMITED LIABILITY COMPANY, a
Colorado limited liability company
By:LAVA CORPORATION, a Colorado
corporation, its Manager
B.
N Ma s Lindholm
Title: P ident
Date of Signature: $V/ze /
Mailing Address:
P. 0. Box 640
Vail, CO 81658
Attn: William J. Post, Esq.
Resident of the Property? NO
TRAER CREEK LLC, a Colorado limited
liability company
By: 42=",2'
Name: Magnus dholm
Title: Manager
Date of Signature:~i~ /
Mailing Address:
P.O. Box 640
Vail, CO 81658
Attn: William J. Post, Esq.
Resident of the Property? NO
512605.2 ?&AM ' 3 .
EXHIBIT A
TO PETITION FOR ANNEXATION
Legal Description of the Property
Those parts of the Denver and Rio Grande Western Railroad right-of-way and those parts of U.S.
Highway 6 and 24 right-of-way, both lying in the S 1/2 Section 7, Township 5 South, Range 81
West of the Sixth Principal Meridian, Eagle County, Colorado; together with those parts of
McCrady Acres, according to the final plat thereof recorded in Book 558 at Page 533 in the
office of the Eagle County; Colorado, Clerk and Recorder, together with the 60 foot wide public
right-of-way shown on (Corrected) Final Plat - Condominium Map SUN RIVER
CONDOMINIUMS according to the map thereof recorded in Book 318 at Page 186 in the office
of said Clerk and Recorder, all being described as a whole as follows:
Beginning at_a point on the existing Town of Avon boundary and the northerly right-of-way line
of the Denver and Rio Grande Western Railroad, whence the northwest confer of said McCrady
Acres bears S25°38'00"W 100.00 feet; thence the following four courses along said common
line: (1) S64°22'00'E 376.11 feet; (2) 28.04 feet along the arc of a curve to the left, having a
radius of 1860.00 feet, a central angle of 00051'50", and a chord that bears S64°47'55"E 28.04
feet; (3) S00°12'23"E 22.04 feet; (4) 548.06 feet. along the arc of a curve to the left, having a
radius of 1880:00 feet, a central angle of 16°42' 10", and a chord that bears S73°51'55"E 546.11
feet; thence, departing said common line, S07°47'00"W 60.00 feet to a point on the southerly
right-of-way line of said Denver and Rio Grande Western Railroad and the northerly right-of-
way line of Nottingham Ranch Road as shown on said final plat of McGrady Acres; thence the
following two courses along said common line: (1) S82°13'00"E 1136.53 feet; (2) 42.66 feet
along the arc of a curve to the right, having a radius of 5699.70 feet, a central angle of
00°25'44", and a chord that bears S82100'09"E 42.66 feet; thence, departing said common line
and continuing tthe following nine courses along the easterly, southerly and southeasterly right-
of-way lines of said Nottingham Ranch Road: (1) 209.28 feet along the arc of a curve to the
right, having a radius of 120.00 feet, a central angle of 99°55'26", and a chord that bears
S57049'17"W 183.75 feet; (2) N72°13'00"W 277.44 feet;. (3) N82°13'00"W 1056:24 feet; (4)
167:20 feet along the arc of a curve to the left, having a radius of 265.00 feet, a central angle of
36009'00", and a chord that bears S79042'30"W 164.44 feet; (5) S61038'00"W 113.82 feet; (6)
159.29 feet along the arc of a curve to the right, having a radius of 557.63 feet, a central angle of
16°22'00'; and a chord that bears S69°49'00"W 158.75 feet; (7) S78°00'01"W 93.40 feet; (8)
149.40 feet along the arc of a curve to the left, having a radius of 500.00 feet, a central angle of
17°07' 12"; and a chord that gears S69°26'25"W 148.85 feet; (9) S60°52'49"W 101.94 feet to the
southwesterly line of said McCrady Acres and the northeasterly line of said Sun River
Condominiums; thence, along said common line, S47°59'03"E 0.24 feet; thence, departing said
common line, S60°53'00"W 78.88 feet, along the easterly line of the 60 foot wide public right-
of-way shown on said (Corrected) Final Plat - Condominium Map SUN RIVER
CONDOMINIUMS, to the southwesterly line of said Sun River Condominiums and the
northeasterly right-of-way line of said U.S. Highway 6 and 24; thence, along said common line,
264.30 feet along the arc of a curve to, the left, having a radius of 1830.00 feet, a central angle of
08°16'30", and a chord that bears S70°43'32"E 264.07 feet; thence, departing said common line,
S15°08'13"W 130.00 feet to the southwesterly right-of--way line of said U.S. Highway 6 and 24;
thence the following two courses along said southwesterly right-of-way line: (1) 400.12 feet
along the arc of a curve to the right, having a radius of 1960.00 feet, a central angle of
11°41'47", and a chord that bears N69°00'54"W 399.42 feet; (2) N63110'00"W 100.72 feet;
thence, departing said southwesterly right-of-way line, N26°50'00"E 123.00 feet to the
southwesterly line of said Sun River Condominiums and the northeasterly right-of-way line of
U.S. Highway 6 and 24; thence, along said common line, the following three' courses: (1)
S79°52'00"E 24.35 feet; (2) S63°10'00"E 77.40 feet; (3) 34.82 feet along the arc of a curve to
the left, having a radius of 1830.00 feet, a central angle of 01°05'25", and a chord that bears
S63°42'43"E 34.82 feet; thence, departing said common line, N60°53'00"E 102.46 feet, along
the westerly line of the 60 foot wide public right-of-way as shown on said (Corrected) Final Plat
- Condominium Map SUN RIVER CONDOMINIUMS, to the northeasterly line of said Sun
River Condominiums and the southwesterly line of said McCrady Acres; thence, along said
common line the following two courses: (1) N47°59'03"W 198.62 feet; (2) N37°40'59"W
102.73 feet to the most westerly corner of said McCrady Acres and the existing Town of Avon
boundary; thence, departing said common line, N45°53'00"E 125.14 feet along the
51M05.2 D4.AYM A-1
northwesterly line of McGrady Acres and the existing Town of Avon • Boundary; thence,
departing the existing, Town of Avon boundary, S40132'42"E 318.00 feet along the
southwesterly line of Lot 6, said McGrady Acres to the southeasterly line of said Lot 6 and the
northwesterly right-of-way line of said Nottingham Ranch Road; thence, along said common
line, the following four courses: (1) N60052'49"E 18.00 feet; (2) 170.31 feet along the arc of a
curve to the right, having a radius of 570.00 feet, a central angle of 17°07'12", and a chord that
bears N69026'25"E 169.69 feet; (3)N78°00'01"E 93.40 feet; (4) 19.13 feet along the arc of a
curve to the left, having a radius of 487.63 feet, a central angle of 0294751", and a chord that
bears N76°52'36"E 19.13 feet to the most easterly corner of said Lot 6; thence, departing said
common line, N57°59'05"W 462.86 feet, along northeasterly line of said Lot 6, to. the
northwesterly line of said McGrady Acres and the existing Town of Avon boundary; thence,
departing said -northeasterly line, N45053'00"E 240.92 feet along said northwesterly line of
McGrady Acres and the existing Town of Avon boundary to the northwest comer of said
McGrady Acres; thence, departing said northwesterly line of McCrady Acres and said existing
Town of Avon boundary, N25°38'00"E 100.00 feet to the point of beginning, containing 11.49
acres, more or less.
612606.2 64.AYM A-2
EXHIBIT B
TO PETITION FOR ANNEXATION
Legal Description of Property Owned
by Each Petitioner
Name of Landowner/Petitioaer: EMD LEMTED LIABILITY COMPANY, a Colorado
limited liability company
Lot 2, McGrady Acres, according to the final plat thereof recorded in Book 558 at
Page 533, in the office of the Eagle.County, Colorado, Clerk and Recorder.
Name of Landowne_ r/Petiti oner TRAER CREEK LLC, a Colorado limited. liability
company
Lots 3, 4 and 5 McGrady Acres, according to the final plat thereof recorded in
Book 558 at Page 533, in the office of the Eagle County, Colorado, Clerk and
Recorder.
SIW5.z hGAYM. B-1
EXHIBIT C
TO PETITION FOR ANNEXATION
Affidavit of Circulator
The undersigned, being of lawful age, who being first duly swom 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 signatures of the
Peitioners thereon were witnessed by the circulator and are the true and original signatures of the
persons whose names they purport to be, and that the dates of such signatures are correct.
Circulator
STATE OF Coin tAkM )
) ss.
COUNTY OF E.PUU )
The foregoing AFFIDAVIT OF CIRCULATOR was subscribed and sworn to before me
this _lwrday of fwkwT , 2001, by W~wo J. FbS'r
Witness my hand and official seal.
My commission expires: 12- 8 4
512605.2 MAYER
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gm,ttier 'with ybuBdf - ny.tw/ 4ecres' or ;more and to=
n9s and improvements situate "P.O. Bo
n having a valuation, for assessment in ex- Vail, 00 8t658
Cass of $200,000.00 for ad valorem tax purposes :Arin:"'y~iiliern J. Post E
for the year next preceding the proposed an6i a- - Resident of the Prr"oopperty~ NO
tion, is mcuded.in the Property without the .wddea TRAER CREEK LLC, a'Colorado tint
consentothee landowneror I endow liars . jRed liability company,
13. t a portion of a platted street or alley is to be ' B)r
annexed. the entire width thereof is lhdhided
the within Name: Magnus Lindholm
Property. Titre: Manager
14. The legal description of the land owned by the ' Date o} S g0,aM:
Petitioners is set forth underneath the name of
each such petitioner on 91hib)tf3.'attached hereto
and incorporated herein by this reference . P.p. B":
15. The affidavit of the circulator of this Petition Vail, CO 81658
certifying that each signature on fhis Petition, is.the • Attn: William j. Post, Esq.
Sg of the person "whose liar;., it purports to Resident of the Property? ? NO
certifying the-accuracy of the date of such
signature is attached hereto as Exhibit and is in-
corporated herein by this reference, TO PteTfIIONry YennN
16. This Petition- accompanied four primes of Legal Description of the Property
th' an . annexation Map Containing, among other Those parts of the Denver and Rio Grande West-
the following information: am Railroad right-af-way and those pa Its Of U.S. .
he written legal description of the boundaries of Highway 6.and 24 right-of-way, both lying in the S
the A Proe map showing the bounds of the P 1/2 S~tion 7, Townshitpp 5 South. Range 81 West
(c) Within the annexation bounda terry; of the Sbdh Principal Aferidian, Ea Courtly; Col-
s
ing of the location of each ownership ~tracta in urn acct oracki; tog t aer wfith those lfereof of COG ad in Book
platted land"and, It part or all of the area is platted,
lots and 558 at 'Page 533 in the office of the Eagle County,
the boundaries and the plat numbers of plots or of - Colorado. Clerk and Recorder; together with the 60
blocks; and foot wide public rightcf-way shown on (Corrected)
(d) Next to the boundary of the Property, a drawing Final Plat Condominium Map SUN RIVER CON-
of the contiguous boundary of the annexing munic- DOMiNIUMS according to the map thereof record-
ipaiity abutting the Property, ed in'Book 318 at Page 186 in the office of said.,
17. In connection with the processing of this Pet- " Clerk and Recorder, all being described as a whole ,
tion, the Petitioners request that the Town: as follows:
(a) lnss#tutee zoning and subdivision approval pros- 'Beginning at 'a point on the ex sting Town of Avon
bie provforthe isions of tie Property in Code with a the town " boundary and the northty right,M-way'line of the
Denve and Rio of Avon and in accordance, with Section -115. of the' orrthwest corner of McGraady Acres bears
the Annexation Ad; and S25°38'DO'W -100.00 feet thence the following four
(b) Approve and execute an annexation and devsk courses along said common line: (1) S64°22'OOE
cpment agreement, (°Annexation and Development 378.11 feet (2)-28.04 feet along the arc of a curve
Agreement) which establishes vested property to the left having a radius of 1860.OO.Itha,t a"cen-
rights for the Property for an agreed upon term of tram an le 0000'51'50% and bears
is Chord
greater than three years, pursuant to Chapter S64'47g55'E 28.04 feet; (3) S00°12'23-E 22.04
17.14 of the Municipal -Code of the Town of Avon feet; (4) 548,06-feet along the arc of a curve to the
and Article 68. Title 24, Colorado Revised Stat- left having a radius of 1880.00 feet, a canna] an-
vtes. and which otherwise establishes the develop- gle of 16°42'10'. and a chord that 'bears
mern plan for the Property. S73°51-Z'E 546.11 feet; thence,
departing 18. Petitioners have filed this Petition subject to the common.One. S07°4TDO'W 60.00 feetsaid
fallowing conditions: point on
(a) Concurrently its approval - of the southerly right-of-way Jine,.of said Denver and
the annexation of '•.9Grande Wester Railroad and the northerly
Property, .the Town Council: (1 ) approves for -of-way line of Nottingham Ranch Road =as
„lose portions of the Property which are not public shown on said final plat of ham z Ranch
Acres; thence
right-of-way zoning and subdivision which-Is sul> `ltta'following two courses along said common lirre:
stantiably consistent with the applications for zoningg (11 S82°13'00'E 1136.53 feet 2 '4266 feet along '
and subdivision which Petitioners Tiaer Creek LLC ts•mo of a curve to the ngM having a radius of
and EMD Limited'Liabflity Company submit in con- SM70 feet a central- angle of 00°25'44'; aid a
nection with this Petition; and.(ii) approves and au- Chord that bears S82°00'09'E 42.66 feet thence,'
thorizes execution of the Annexation and Develop said common line and contirwi the fol.
went Agreement la" nine courses Bong the
(b) Petitioner Traer Creek LLC shall have the
with or right, mid: souttheasterly .right of s°utheAy
without the consent or agreement of a -Way Ones of said Not-
other landowner within She Property, to withdraw ' Of ahCUM6 the h(1~2„0928 feet abn the arc
this Petition by so gthe Town- Clerk In wrB- rig t a ` that
ing prior to the fortiethr40ti) day attar the latest . • .a central los of 99°SS . and.a chord d that .
4fe (4) 1
tect1w date 01-the final ordinanoes or resolutions 44~ ' - 2.13.0 feet &W72-13-11M
approving annexation of the'Pro feet (n 2°1300°W 1 24 feet; (4) I me to ton and Development Agreement ar Annexe- 18720 feet along the arc of a' u a central the-left, hav-
subli vislon of the Property; provided, however, -36°09a raclus of 266.00 '00', and a Chord t~ bears S79°gT3 of
that such withdrawal right may be exercised Only B -164.44 teak (5) S61°38'00'W 113.82 feet; 6)
a third party coimsoes a formal challenge to any ' '159.29 feet along the- arc of a Curve to the right a.
Of the approvals within such period. Iiav~~ a radius of 557.63 fast (C) Prior to epicraatgornapofhltie period described in the ,16°22`00', and a Chord that bears 6 4.angle WOg~y "
"r Tra- 158.75 teek (7)' S78°00'01-W-. 93.40- feet
er r iabp;tavhhg (b) w fi
the; PetiH LLC or g wittxtrawn the Petition, .flei- 1i4g9.40 feet akxhg.the are of a curve to the leftgl.ti (w~ -
the Occurrence of the conditions toceefi eness Off j07~1~ and a chord that beers S68°26'25"W N
the annexation as set forth In Section -1 43(2)(b) of 148.85 fast (9) S60°52'49'W 101.94 tees to the V
Annexadon Act.
119. Up
on the annexation of the Properly One of said McG Aces and the
eifedive: and rn becoming y fire of said Sun River Condomini-
subject to the conditions set forth in uns; "thence , - along said- common .line,
this -PoWon and to be set forth in the Annexation S47°5WW.E 0,24 feet ..thence. departing said
and Development Agmernerrt, the Property shall oormrion Ane. S60°rr3.00'W 78.88. feet~the
becain abject to all adriences, restitutions, easterly fine at-the 60 foot wide public
rules and regWatiors of the T-. except as other- shown on said.(Corrected) Final Plat = in
wise set torth in the Annexation and'Devalopment um .Map SUN RIVER CONDOMINIUMS, to the
of Town. .an ' shag far Re became effective P+OPeq tares sauthweslerb' One of said Sun River ;CondOmhj-the
which Wry 1 of the lied 5ucceedi effective on Jams urns and the northeasterly ri91it d way One_of said
rig year following adop- U.S. Highway 6 and 24; thence , along said own of the annexation ordinance . non line, 284.30 feet along the arcof a verve n
20. Except for the terms and acndf lara of this Pet- " the .left -having a radius of 1830:00 feet a central;
ion grid of the Annexation and Development angle of 08°16'30•, and a chord that bears
Agreement, "which terns and conditions Petitiorsra S70743'32'E 264.07-foot thence,', departing said
expressly approve and therefore do not.constihrts common line, S15°O8'13-W 130.00 feet to th e
an impositioenanoffhgaddx3'onal terms and conditions the of ne~xationn Ad Pattioriers Section `1Q7(1)(g) of the on 'way hive -cf-way'Jine of said U.. High.
request that no additional along said soutwestedy right-ot-way fine: 1
fa
iltnes-and cO7b~~ sed upon annexation. 400:12 feet along she, arc of a ,curve 1p,tha right)"
afthPr
THEREFORE. Petitioners request that the Town -1h1°419'47' and a w -that bears N6 -M 544, VY
Council of the Town of Avon. •Colorado , complete,'; yMA2 fait (2) NW*°W00?Nh100.72 feet thence,
and approve the annexaffort bf the Property'our- said southwesterly right-of-way line,
suant to the provisions of the Municipal Annexation N26°50' 'E 123.00 feet to the southwesterly line
Act of 1965, as amended, of-said "Sun River Condominiums and the north.
Respectfully witted this - day Of easterly right-of-way line of U.S. 'Highway 6 and
Slanatures of . 200. 24; thence, along said common One, the followin2g)
EMD LIMITED LIA
three - Courses: BILITY COMPA- S63°10'00°E 740 feet (3 34.82 feet along9 the
NY, a Colorado limited Iiabillty company arc of a curve to the left, having a radius of
By: LAVA CORPOiiATION, a Colorado 1830.00 feet, a central angle of Ot 05'25', and a
corporation, is Manager chord that bears S63°42'43'E 34.82 feet; thence,
Bye departing said common line, N60°53'00'E 102.46
said
most
the e
pdarlin
the
de.
feet
line of Lot s, "said
terly line of said 1,
of-way Brie of 'a
thence, along said
x~ry.io-uvur-t VJ.40 feet; (4) 19.13 feet along the
arc of a Curve to the Jett, having is radius. of 487.63
Let. a central angle of 02°14'51 and a chord that
bears N'76°;,i2''E 19.13 feet to the most easterly
comer of. said Lot 6: thence, departing said com-
mon kw,. N57159'051W 462.86 feet, Wong orth-
easterly line Of said Lot 6, to the northwesterly line
of said McGrady Acres and the existing Towri of
Avon boundary: thence; departing said northeast_
arty line, N45°53'WE 240.92 feet along said
northwesterly line of McGrady Acres and the exist-
ing Town of Avon bdundary to.the northwest cor-
ner of said MaGmdv' A-.. thong.-
1xw 0o.,teet .to the point of beginrung, containing
11.49, aFres, more or less.
TO g, containing Legal by Ea
' - F~4fIBITB
Description of Property Owned
Name of I andowne.meffiffa.e,.
1:IIAD LIMITED LIA-
BILF Y COMPANY, a Colorado limited liability
company
Lot 2, McGrady Acres,- according to the final plat
thereof recorded in Book,%8 at Page 533, In the
Office of the Eagle County, Colorado, Clerk and
Recorder:
'Name of LndownedPetitionerTRAER CREEK,
L1 C, a Colorado Umaed liability company
Lots 3, 4 and 5 MoGrady Acres, according to the fl-
net plat thereof recorded in Book 558 at Page 533,
in :the office of the Eagle County Colorado, Clerk
and Recorder.
Affidavit of Circulator -
The under"sigried, "being "of lawful age, who being
first.duly swomupoli oath deposes and says:
That ha was-the Circulator-dt the. foregoing Petition
for Annexation of lands to the'Town of Avon, corr.
istn9 Of pages Inducting this ,page, and
tl1e sig Of the Psitoners thereon were
rwifnesser by t'drcelator and are the true and
roriginal signal r" of 'tile persons whose names
thelr?erPCrt3o be, and that the dates of such all)-
natures are correct.
lator
MATE OF
ss
&N7Y OF
The foregoing AFFIDAVIT OF CIRCULATOR visas
ctsutt~ and sworn to before me this day
~ by_ Witrress my -hand and official
My commission expires:
otary Public
Published In The Ego Valley Enterprise and the
al ,Dally August 2;1, 30, Seplarrrber 6 and 13,
LNG FOR
HEARING ON:PETITION
FOR INCLUSION OF
ADDITIONAL REAL.
PROPERTY WITHIN
THE. LAKE CREEK
METROPOLITAN'
DISTRICT
NOTICE IS HEREBY GIVEN to all interested per-
sons that a Petition for inclusion of additional real
property has been filed with the Board of Director;
of the Lake Creek Metropolitan District. The Board
of Directors has fixed Monday the Twenty-Seventh
.•-..PRO.tECT:':~VAILWASTEWA'1IEAIREJ6MENT
PLANT AERATION SYSTEM.MODIFICATIONS
CONTRACT NO-'DO.15A27 (ERWSpI.
ACCOUNT NO-: 10.=10A320
NCrnm is tiers van that the EAGLE RIVER
WATER & TION' WSTRICT -of Eagle
-County, -Colorado: win make final payment at 846
Forest Road, Vail, Colorado 81657 on • 27,
2001, at the hour of 8•,30 a.m. to WESTERRN SUM-
MIT CONSTRUCTORS, INC. of Denver, Colorado,
for all work done by said Contractor(s) in construe
,I- work ppeerformed within EAGLE ER WATER
& SANITATION DISTRICT-
Any person, co-partnership, association -of per-
sons, company or corporation ttlat has furnished
labor, materials, team hire, sustenance, provisions„
provender, or other supplies used or consumed by
such an ctors or then .subconftcors,' in or
about the performance of the work contracted to -
be done or that supplies rental machinery, tools, or -
equipment to the extent used in'the prosecution of
the work, and whose'claim:theretor has not been
contractors or their .subcontractors, at
-WATEN-RESUME
WATER DMSION NO.5
JULY
TARP TD THE EAGLE RIVER- Susan J. Miller and
L.D. Chipman: RO..:Box 550D: Avon: CO 81620
Lo. !9 ication "For
97D-9263234..( $Stretch'
Water
Sec. 7, TISS. RurfSM ~8 P.M'_ at point 1y400 ftt
South of the.NoAhsection lute and 1800 feet West
of East section line. Appropriation: May 8, 2000.
Amount 0.022cfs. absolute: Use: wildlife•propaga-
tion and piscatorial osas. (eM V-6--t• . .
YOU ARE HEREBY OTI THAT YOU HAVE
until the. Last day of ,SEPTEMBER 2001 to file
with
the Water Clerk in quadruplicate a verflkid
state-
mod of opposition setting forth facts aeto Why
a '
"in application should not -be granted r
~+Yd be granted, III
stnoul in .Part or on certain
conditiorus.
A copy of such statement of oPPostdon must
also
be aerved upon the applicant or the applic9oft
at- .
tomey and an affidavit a certificate of such
service
shall be filed with. the Water - Clark ',ea
rate JOR Rule 6a CRCp (Filing Fee: $45.00) PEGGY
JDAN, Water Clerk, Water Division 5;109
81603-
Street, Sutter-104 Glenwood Springs,
Published in The. Eagle Valley Enterprise August
23, 3001.
day of August, 2001, at the hour of 6:00 p.m., st 28 ,pa
Second Street, Suite 213, Edwards,, Colorado, as ar
the date, time and place of an open meeting at m
which such Petition shall be heard. qt
The name and address of the Pat- dt
Honer and general description, of the property to be- th
included into the District areas follows: 71
PETITIONER:
Post Office Box Kasia Karska-Hill
413
Edwards, CO 81632
t PROPERTY. Lot 1,-Block 7,
Lake Creek Meadows '
2386 E Lake Creek Road .
Edwards, Colorado 81632-0600
All interested parties may appear at such hearing
to show cause in writing why such Petition should
not be granted.
BY ORDER OF THE BOARD 'OF DIRECTORS OF
LAKE CREEK METROPOLITAN DISTRICT.
LAKE CREEK
METROPOLITAN DISTRICT
e....eN..l tulamhelti
Satxetary...
Published,in: Fen p t 23 2Enterorise00
Published on: August 23, 1 -
Published in The Eagle Valley Enterprise August.
23,2001
CALL FOR
NOMINATIONS
-32-1-804, C:R.S
TO WHOM iT MAY CONCERN, and particularly to'
'the electors of the Saddle 'ridge Metropolitan bs-
`_trict, Trn+n of-Gypsum: Eagle County, Colorado.
.-NCMCE i5 HEREBY GIVEN that an election will'
be held on the 6th day 'of November 2001, be-
tween the hours of 7:00 A.M. and 7:00 P.M. At that
time three (3) directors will be elected to serve 4-
year terms and two-(2).directors will be elected to
serve 2-year terms.
Self-Nomination and Acceptance Forms are availa-
the
a up to and including the time of final settle-
u the work contracted to be done, is re-
to litea~ad verified statement of the, amount claim, to
fiGLE RIVER WATER & SANITATION DIS-
846 Forest,Road, Vail, Colorado 81667 on
re. the date and ti~m~eir qhaerrent~fn file ve~alhorm.
de the part of arty.clairnartt
dement of cairn prior . such final settle-
till release the EAGLE RIVER WATER &
iTION DISTRICT its Board of Directors, of-
agents, and TMI°yees• °f,arid from any
BY ORD BOARD OF DIRECTORS 1
EAGLE RIVER WATER &.SANITATION
-
'DISTRICT.
Dennis taetvin
Title General Manager
Publitihed in The Is Valley Enterprise August 9-
. .
and 16,'20Q11.
-Public Notice
PUBLIC NOTICE 1S HEFtFBY GIVEN pursuant to
C. R.-S. 38-26 107,_that FINAL SETTLEMENT of -
that certain contract. between CRUZ CONSTRUC-
TION, INC: and .the County of Eagle, State of Cokt-
rado, dated June 5, 2001 tar the 2001 Guardrail
Project has been scheduled for September
2001, at 11:00 a.m in the Ea le County "Room to-
cated on the second floor of the Eagle 'County
Building,. 500 Broadway, _in Eagle, Colorado. Any
person, kw-partnership, association of persons,
company or corporation,' that has furnished labor.
materials, team hire, sustenance: Provisions, prow
ender .-or other ssuupppplies- used. or consumed by
CRUZ CONSTRUCTION, INC. or its subcontrac-
ton;„inor about the.pertormance-of work'contract-
ed me. done:urxier the,atxwe referenced con-
.tiact;:pr,-that-OUPPIies.{enfalmachinery, tools or
en,a„mert lathe extent used.in the prosecution of
not: bi
or its s
% the ti
led to
ble from Donette Hunter, the Assistant Desunated
Election Official of the Saddle Ridge MetroPolhM
District, Town of Gypsum, c/o lcenogle,'Norton,
'Smith, Blieszner & Miller, P.C., 821 17th Street,
Suite 600, Denver, Colorado 60202-3040, (3030
•292.6400.
."Sell Nominaton and Acceptance forms or letters
which-meet the requirements of 32-1304, C.R.S„
--are to be returned to the Assistant Designated
Election Official no less than 67 days prior to the
regular special district election, which date is Au-
gust 31, 2001. ations for
N0T1cE IS FURTHER GIVEN that applic be-filed
and return of absent voter's ballots, may
with Donne Hunter,'Assistant Designated Election
Official. of the District do Icenogle, Norton, Smith,
Blieszner, & Miller, P.C., a21 17th Streel, "Suite
an~np•3040, (303). M-
dome, may file with the 130ard OT t,ouruy -.1
toners, County of Eagle, Colorado., a ve'
statement of the amount.due and unpaid on
.,count of such claim. Any claim so filed shelf be
dressed•to the Board of County Commissl '
County of Eagle, Colorado,,-P O. Sox 850.
Colorado, 81631; Attention: County Attorney.
have inquires regarding such final settlement
be made by calling (970) 32&aW5•
PUBL BY ORDER- O ..THE
COU IMY COMMISSIONNE SF COUNTY OFD
GLE,
COLORADO.:
_ [s/.Says J.Fisher
Clerk of tite.Board of County
Commissioners, County ol Eagle,
State of Colorado
Published in The Eagle' Valley Enterprise 23, and 30, 2001.
TOWN OF GYPSUM'
P.O. Bcot 130 _
G psummCO 8163
PUBLIC NOTICE
PUBLIC NOTICE
COUNTY COURT .
EAGLE.000NTY,COLORADO
..Case Number: 01 0310
PUBLIC NOTICE is gwerf that on July 24, 2001, by
an ORDER of the Court, Eagle Couhty, Colorado,
the following name was c .
The name of Beth Elen-Choeri
was changed to Beth Ellen Martin
By: DM Carpenter
..Deputy Clerk
Published in, The Eagle-valley Enterprise. August
16,-23, 30, 2001...
RESOLUTION
N0,01-1_8_
.
~ -SERIES.OF 2001•
ouers,
Eagle,
ac-
ad-
Tele-
may
OF
EA-
ION WrrATING ANNEXATION PRO- _
FOR A PORTION OF THE LAND
c niin~ CCIRRSTANT ALL COM-
WHEREAS Petitioners EMD Limited Liability
Company and Traer Creek LLC filed.with the Town
Clerk a Petition for Annexation (Exhibit A hereto)
concerning a portion of the d known +n -
dy Acres"and.as particularly
iron, which petition has been referred to the own
Courtoil;
NOW, THEREFORE, BE IT RESOLVED BY THE
:TOWN COUNCIL OF THE TOWN OF AVON,
COLORADO: The Town
Section 1. iin .
Clark has rafsmad to Me Town l OW=l the Petition
for Annexation attached hereto'as Exhibit A. The
Town Council spadfical y finds upon review.of said
petition that it is insubstantial comptiance with the
requirements of C.R.S. § 31-12-107(1).
,Son 2, y~g_ A hearing on
the petition shall be alhaid w 5:30 P.M. on Septern-
bar 25, tool, at the Council Chambers in the Avon
Municipal Building, 400• Benchmark Road, Awn.
Colorado, to determine it the proposed annexation
complies with 31-12-104 and 31.12-105.
C.RS., and whether the subject property, is eligible
for annexation $r This Resotu-
tion shall be published ocee.a week-for tour atic-
cessive weeks in The Vail Daihi. r, a
newspaper .of general circulation in
Colorado, commencing no later that~~.
2001. Section 3, Ftfec4 ve Date. This Reso-
lution shall be effective immediately upon approval.
ADOPTED this 14th day OF AVON, COLORADO 200.1 -
cTsI Ndv Yoder
Judy Yoder, Mayor
August
This is to ghre. notice that the following Ordinance _
was approved on first reading at the Jury 10; 2001
Gypsum Town Council Meeting and is ectcduled
to be finally adopted at a public hearing on August
28,201)1•
~OAurF 2001-tt fFrst Restdingl n-,
trance Amending An Ordinance NO, ewu-21
mer,
coming The Assessment Of PropartY The
Spring Creek Special Imp
bl DD~naemNo
'1999.1; And Prescribing Other
Such Amendment.
SUMMARY: An Ordinance Amending An Ordi-
nance No. 2000.21 Concerning The AiSOSSMOA
Croak Special
Of Property in The Spring
memtDistrict No 1999-1, And Prescribing Other
Daisiis Concerning Such Amendment
ATTEST:
is/Kris Nash
Kris Nash. Town Clerk
APPROVED AS TO FORM:
/stRurf Levin