TC Res. No. 2008-21 Setting forth findings of fact and conclusions regarding eligibilty and annexation to the TOA of property known as the red house lots 1 and 2 annexationTOWN OF AVON, COORADO
RESOLUTION NO. 08-21
SERIES OF 2008.
A RESOLUTION SETTING FORTH FINDINGS OF FACT AND CONCLUSIONS
REGARDING ELIGIBILITY FOR ANNEXATION TO THE TOWN OF AVON OF
PROPERTY KNOWN AS THE RED HOUSE LOTS 1 AND 2 ANNEXATION
WHEREAS, annexation proceedings were initiated by the filing with the Clerk of the Town
of Avon, Colorado ("Town") of a petition for annexation ("Petition") of certain property as more
particularly described in Exhibit A attached hereto and incorporated herein by this reference.(the
"Property") to be known as the Red House Lots 1 and 2 Annexation; and
WHEREAS, at .a regular meeting on May 13, 2008, the Town Council adopted Resolution
No. 08-16, Series of 2008, finding the Petition is in substantial compliance with C.R.S. § 31-12-
107(1) . and setting, a public hearing to determine if the proposed annexation complies with
C.R.S. 31-12-104 and 31-12-105 or such parts thereof as maybe required to establish eligibility
for annexation; and
WHEREAS, following notice of public hearing given as required by C.R.S. § 31-12-108(2),
the Town Council has held a public hearing on such eligibility for annexation; and
WHEREAS, in accordance with C.R.S. § 31-12-110 the Town Council desires to adopt by
resolution its findings of fact and its conclusion in regard to the eligibility for annexation of the
Property to the Town.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL:
Section 1. Proper notice was given and a public hearing was held regarding the eligibility
for annexation of the Property to the Town in accordance with the , requirements of
C.R.S. 31-12-108 and 31-12-109, as applicable.
Section 2. With respect to the Petition and the Property, and pursuant to the terms and
conditions set forth therein and the.evidence presented at the.public hearing, the requirements of the
applicable parts of C.R.S. 31-12-104 and 31-12-105 have been met.
Section 3. No election is required under C.R.S..§ 31-12-107(2).
Section 4. No additional terms and conditions are to be imposed except as provided in
the Petition and in an annexation and development agreement to be entered into by the Town and the
petitioner, which are not to be considered additional terms and conditions within the meaning of
C.R.S. § 31-12-112.
Section 5. No impact report concerning the purposed annexation is required because"the
Property consists of less than ten acres.
840156.3
Section 6. The Property as set forth in the Petition and Exhibit A attached hereto is
eligible. for annexation to the Town.
INTRODUCED, READ, and ADOPTED this 24`" daX of June, 2008.
N OF4
S.C on Wolfe
Mayor
ATTEST: Y
C010RADQ •s
MC_
Pa enny
To C rk
840156.3 2
EXHIBIT A
LEGAL DESCRIPTION,
Red House Lots 1 and 2 Annexation
Lots 1 and 2, Exemption Plat of Red House, County of Eagle; State of Colorado; recorded oil
November 7, 2000 in the Office of the Eagle County Clerk and Recorder-at Reception
No. 743459, and described on said Exemption Plat, as follows;
Beginning at a found 3 %i" aluminum cap stamped "LS 26626" in a plastic monument well
marking the center'/4 corner of said Section 12;. thence along the East right-of-way line of Avon
Road N13°42'50"E, a distance of 95.60 feet to the south corner of Parcel TK-14 as recorded
under Reception No. 435725; Public Records of Eagle County, Colorado; thence along the East
boundary of said Parcel TK-14 the following two (2) courses and distances:
1). N20-53'287E, 79.00 feet,
2). . NO1 022'56"E,.46.3 0 feet to intersect the approximate centerline of the Eagle River;
thence along said centerline the following two (2) courses and distances:
1). S82010' 14"E, 128.67 feet;
2). S36°53'40"E 249.27 feet to intersect the North line of the Northwest'/4 of the Southeast
1/4 of said Section 12; thence along said line N89019'1 0"W, a distance of 87.88 feet to intersect'
the approximate centerline of Beaver Creek; thence along said centerline the following four
(4) courses and distances:
1). S 17°01'48"W, -10.80 feet;
2). S13°11'27"W, 54.50 feet;
3). S50°52'01"W, 24.11 feet;
4). S64°45'05"W, 38.94 feet to intersect the Northerly right-of-way line.of U.S: Highway
No..6; thence 180.19 feet along said right-of-way line and the arc of a curve to the left having a
radius of 3870.00' a central angle of 02°40'04", a chord bearing. of N72°40'26"W and a cord
length of 180.17' to intersect the West line of the Southeast 1/4 of said Section 12; thence along
said line N00926'37E, a distance of 44.42 feet to the Point of Beginning and containing 1.4410
acres, more or less.
840156.3
Exhibit A-1
1
•
Memo
To:
Thru:
-From:
Date:
Honorable'Mayor and Town Council
Lary Brooks, Town Manager
Matthew R. Gennett, AICP, Planning Manager I,- 7_eA-f
June 24, 2008 Meeting
Re: . ' Red House Annexation - Eligibility Resolution 08-21
Summary:
The Vail Corporation has submitted an annexation Petition for property known as the
Red House Lots 1 and 2 Annexation. This is a 1.44 acre parcel of land located on
the northeast comer of Highway 6 and Avon Road.
•
Resolution 08-21 is the next step in the statutory, process of the Red House
Annexation. On May 13, 2008, the Town Council adopted Resolution No. 08-16,
Series of 2008, finding that an annexation petition relating to the Property known as
Red House Lots 1 and 2 Annexation was in substantial compliance with applicable
state statutes and set a public hearing for eligibility on June 24,.2008. As also
requiredby statute, notice of the hearing has been published for at least four
consecutive weeks beginning at least 30 days prior to the, hearing. Following the
public hearing on June 24, the Council will be asked to act upon Resolution No. 08-
21 setting forth findings of fact and the conclusion of the Council that the Property is
eligible for annexation.
As part of the public hearing, it is expected the Council will be presented with
evidence that the boundary of the Property has at least one-sixth contiguity with the
Town, that there is a community of interest between the Property and the Town, that
said area is urban or will be urbanized in the near future and is capable of being
integrated with the Town, and that all other eligibility requirements . have been
satisfied. The applicant will be in attendance to present such evidence and staff will
be available to respond to questions.
The adoption of Resolution No. 08-21 does not require the. Town to annex the
Property. It is expected that the applicant will submit several applications during July,
including a proposed amendment to the comprehensive plan; a PUD zoning
application, and a subdivision application. These will be considered concurrently by
the Planning and Zoning Commission and by the Council corresponding with the
decision of the Town to annex the Property.
.7
Background: •
On May 13"', 2008 the Avon Town Council accepted the Petition and made a finding
that the Petition was in substantial compliance with the requirements of C.R.S. § 31-
12-107(1) via Resolution 08-16. The adoption of this Resolution also scheduled a
public hearing which, following publication of notice in the paper for four consecutive
weeks prior to the hearing, allows the Council to have a public hearing to determine
if the proposed annexation meets the eligibility requirements of state law.
Staff Recommendation:
Staff recommends the Council APPROVE Resolution No. 08-21 as written and
attached hereto.
Town Manager Comments: ' ~~/mxe No 7~ ~
01 tVA I 'L co R P
'e'~
f . 0~1&
Attachments:
- Resolution No. 08-21
- Petition for Annexation
- Vicinity Map
•
•
Resolution No. 08-21, Red House Annexation
Town Council June 2e, 2008 Regular Meeting
RESOLUTION NO. 08-21
® SERIES OF 2008
A RESOLUTION SETTING FORTH FINDINGS OF FACT AND CONCLUSIONS
REGARDING ELIGIBILITY FOR ANNEXATION TO THE TOWN OF AVON OF
PROPERTY KNOWN AS THE RED HOUSE LOTS 1 AND 2 ANNEXATION
WHEREAS, annexation proceedings were initiated by the filing with the Clerk of the Town
of Avon, Colorado ("Town") of. a petition for annexation ("Petition') of certain property as more
particularly described in Exhibit A attached hereto and incorporated herein by this reference (the
"Property") to be known as the Red House Lots 1 and 2 Annexation; and
WHEREAS, at a regular meeting on May 13, 2008, the Town Council adopted Resolution
No. 08-16, Series of 2008, finding the Petition is in substantial compliance with C.R.S. § 31=12-
107(l) and setting a public hearing to determine if the proposed annexation complies with
C.R._S. 31-12-104 and 31-12-105 or such.parts thereof as may be required to establish eligibility
for annexation; and
WHEREAS, following notice of public hearing given as required by C.R.S. § 31-12=108(2),
the Town Council has held a public hearing on such eligibility for annexation; and
WHEREAS, in accordance with C.R.S. § 31-12-110 the Town Council desires to adopt by
resolution its findings of fact and its conclusion in regard to the eligibility for annexation of the
• Property to the Town.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL:
Section 1. Proper notice was given and a public hearing was held regarding the eligibility
for annexation of the Property to the Town in accordance with the requirements of
C.R.S. 31-12408 and 31-12-109, as applicable.
Section 2. With respect to the Petition and the Property, and pursuant to the terms and
conditions set forth therein and the evidence presented at the public hearing, the requirements of the
applicable parts of C.R.S. 31-12-104 and 31-12-105 have been met.
Section-3. No election is required under C.R.S. § 31-12-107(2).
. , Section 4. No additional terms and conditions are to be imposed except as provided in
the Petition and in an annexation and development agreement to be entered into by the Town and the
petitioner, which are not to be considered additional terms and conditions within the meaning of
C.R.S. § 31-12-112.
Section 5. No impact report concerning the purposed annexation is required because the
Property consists of less than ten acres.
• 840156.3
Section 6. The Property as, set forth. in the Petition and Exhibit A attached hereto is
eligible for annexation to -the Town.
INTRODUCED, READ, and ADOPTED this 24th day of June, 2008.
Ron Wolfe,
Mayor
ATTEST:
Patty McKeriny
Town Cler'k'
•
• EXHIBIT A
LEGAL DESCRIPTION
Red House Lots I and 2 Annexation
Lots 1 and 2, Exemption Plat of Red House, County of Eagle, State of Colorado, recorded on
November 7, 2000 in the Office of the Eagle County Clerk and Recorder at Reception
No. 743459, and described on said Exemption Plat as follows:
Beginning at a found 3 '/2" aluminum cap stamped "LS 26626" in a plastic monument well
marking the center'/4 corner of said Section 12; thence along the East right-of-way line of Avon
Road N13°42'50"E, a distance of 95.60 feet to the south corner of Parcel TK-14 as recorded
under Reception No. 435725, Public Records of Eagle County, Colorado; thence along the East
boundary of said Parcel TK-14 the following two (2) courses and distances:
1). N20°53'28"E, 79.00 feet;
2). NO1 °22'56"E, 46.30 feet to intersect the approximate centerline of the Eagle River;
thence along said centerline the following two (2) courses and distances:
1). S82°10'14"E, 128.67 feet;
2). S36°53'40"E 249.27 feet to intersect the North line of the Northwest'/4 of the Southeast
1/4 of said Section 12; thence along said line N89°19' 10"W, a distance of 87.88 feet to intersect
the approximate centerline of Beaver Creek; thence along said centerline the following four
(4) courses and distances:
1). S 17°01'48"W, 10.80 feet;
• 2). S 13-1 1'27"W, 54.50 feet;
3). S50°52'01"W, 24.11 feet;
4). S64°45'05"W, 38.94 feet to intersect the Northerly right-of-way line of U.S. Highway
No. 6; thence 180.19 feet along said right-of-way line and the arc of a curve to the left having a
radius of 3870.00' a central angle of 02°40'04", a chord bearing of N72°40'26"W and a cord
length of 180.17' to intersect the West line of the Southeast 1/4 of said Section 12; thence along
said line N00°26'37"E, a distance of 44.42 feet to the Point of Beginning and containing 1.4410
acres, more or less.
• 840156.3
Exhibit A-1
PETIT ON FOR ANNEXATION
RED HOUSE LOTS I AND 2 •
TO TFM TOT COUNCIL OF THE TO'AW OF AVON, COLORADO:
The undersigned ("Petitionee), 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") the
Town Council of the Town of Avon, Colorado ("'T'own 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 C' Property"). In support of this Petition, Petitioner alleges that:
1. It is desirable and necessary that the Property be annexed to the Town.
2. The requirements of Sections 31-12-104 and 31-12-105 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. There are no adult residents of the Property and the Petitioner does not intend to
devote the Property to agricultural use.
8. The Petitioner is the landowner of more than fifty percent (50%) of the Property,
excluding public streets, and alleys, and the Petitioner hereby consents to the establishment of
the boundaries of the Property as shown on the annexation plat submitted herewith.
9. The Petitioner is the owner of one hundred percent (100%) of the Property within
the meaning of Section 31-12-107(1)(g) of the Annexation Act.
10. In establishing the boundaries of the Property, no land which is held in identical
ownership, whether consisting of one 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 •
810362.4
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.
.11. The Property is not presently a part, of any incorporated city, city and county, or
town; nor have any proceedings been commenced for incorporation or annexation of an.area that
is part or all of the Property; nor has any election for annexation of the Property or substantially
the same territory to the Town been held within the twelve (12) months immediately preceding
the filing of this Petition.
12. The proposed annexation will not result in detachment of area from any school
district or attachment of same to another school district.
13. The proposed annexation of the Property 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.
14. 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.
15. If a portion,of. a platted street or alley is to, be annexed, the entire width thereof is .
included within the Property.
16: The legal. description of: the land owned by the Petitioner is set forth underneath
• the name of such Petitioner on,Exhibit B, attached hereto and incorporated :herein by this
reference. As more-particularly described on Exhibit B. the land owned by Petitioner constitutes
one hundred percent,. (100%) of the Property within-the meaning of Section 31-12-107(1)(g) of
the Annexation Act.
17. 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. The mailing address of each signer is provided following such signature.
18. This Petition is accompanied by four copies 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 Town abutting the Property and the contiguous boundary of any other
municipality abutting the Property.
2
810362.4
19.. In connection with the processing of this Petition, the Petitioner requests that,the
Town` •
(a). Commence. proceedings to amend; its . Comprehensive Plan and to institute
zoning of the Propertyas a PIJI); `all,. in accordance with Section 31-12-115 of the
Annexation Act and 'Title 17 of the Municipal Code of the Town; and
(b) Approve and execute an annexation and development . agreement
("Annexation and Development Agreement") which establishes vested property rights
for. a site specific development plan for the Property for an agreed upon term greater than
three years pursuant to Article 6g, Title 24; Colorado:Revised,Statutes, but not more than
five years pursuant to Title 17 of the Town's Municipal Code.
20. Petitioner has filed this Petition subject to the following conditions:
(a) At the same hearing as and - immediately following its approval of
annexation of the. Property, the Town Council approves, and such approvals become final
and . non-appealable, : each of the ..following: (i) an amendment to. the Town's
Comprehensive Plan to be consistent with .the proposed' PUD- zoning; (ii) PUD zoning
which is substantially consistent with the application for PUD zoning which Petitioner
submits in connection with this Petition; and (iii) the Annexation and Development
Agreement.
(b) The annexation shallnot become effective, and neither Petitioner nor the
Town shall file the annexation ordinance 'and map with the,Eagie County : Clerk and •
Recorder, until after: (i) the conditions set forth in clause (a) above have been satisfied;
and (ii) the " effective date' of each resolution or ordinance approving the matters
referenced in clause (a) above.
21. 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 1 shall become subject to all ordinances, resolutions, rules - and
regulations of the Town, except as ' otherwise set forth in the Annexation and Development
Agreement. General property taxes of the Town shall become effective on January 1 of the next
succeeding year following adoption of the annexation ordinance.
22. Except for the terms and conditions of this Petition. and of the Annexation and
Development, Agreement, which terms and conditions Petitioner expressly, approves and
therefore do not constitute an imposition of additional terms and conditions within the;meaning
of Section 31-12-107(1)(g) of the Annexation Act, Petitioner requests that no additional terms
and conditions be imposed upon annexation of the Property to the Town.
[Signature Page Follows This Page]
•
810362.5 3
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
Municipal Annexation Act of 1965, as amended.
Respectfully submitted this Mi~' day of ' U1 , 2008.
Signature of Landowner/Petitioner:
THE VAIL CORPORATION, a Colorado
corporatio
ley:
Name: Keith Fernandez
Title: President & COO - VRDC
Date of Signature: NZ t /08
Mailin8 Address: .
The Vail Corporation
c/o Vail Resorts Development Company
P.O. Box 7
Vail, Colorado 81658
•
rftv"Wd to Form
t" , paAli
AINE IAURIE~
EXIMrt A
TO. PETMON }FOR ANNEXATION
LegaRD.escriptionof Property
Lots. l and 2, Exemption Plat of Red House, County of Eagle, State of Colorado, recorded on
November 7, 2000 in the Office ofthe Eagle County Clerk and Recorder at Reception.No.
743459, and described on said Exemption Plat as follows:
Beginning at a found 3 1/Z" aluminum cap stamped "LS 26626" in a plastic monument well
marking the center 1/4 corner, of said Section 12; thence along the East right-of-way line of Avon
Road NI 3942'50"E, a distanced 95.60.feet to the south comer of Parcel TK-14 as recorded
under Reception No: 521717;:Piiblic Records of Eagle County, Colorado; thence along the East
boundary of said Parcel TK-14 the following two (2) courses and distances: _
1). _ N20653' 28"E, 79.00 feet;
2).. NO 1,°22'56"E, 46:30 feetto intersect the approximate centerline of the Eagle River;
thence along said.centerline, the following=two (2) courses and distances:
1). S82°10'14" E, 128.67'feei-
2). S36°53'40"E 249.27 feet to-intersect the North line of the Northwest 1/4 ofthe-Southeast
1/4 of said Section 12; thence along said line N89019'1 O"W, a distance of.87.88 feet to intersect
the approximate centerline of Beaver Creek; thence along said centerline the following four (4)
courses and distances:
1). S17 01'448"W, 10.80 feet;
2). S13°11'27"W; 54.50 feet; •
3). S50°52'01"W, 24.11 feet;
4). S64945'05"W, 38.94 feet to intersect the Northerly right-of-way line of U.S. Highway
No. 6; thence '180.19 feet along said right-of-way line and the arc of a curve to the left having a
radius of 3870.00' a central angle of 02940104", a chord bearing ofN72°40'26"w and.a cord
length of 180.17' to intersect the West line of the Southeast V4 of said Section 12; thence along
said line N00°26'37"E, a distance 'of 44.42 feet to the Point of Beginning and containing 1.4410
acres, more or less.
•
Exhibit A
8103624
IE IT B
TO FETMON FOR ANNEXATION
Legal Description of Property Owned
by Each Petitioner
Name of Landowner/Petitioner: THE VAIL CORPORATION, a Colorado corporation
Lots 1 and 2, Exemption Plat of Red House, County of Eagle, State of Colorado, recorded on
November 7, 2000 in the'Office of the Eagle County Clerk and Recorder at Reception No.
743459, and described on said Exemption Plat as follows:
Beginning at a found 3 1/i" aluminum cap stamped "LS 26626 in a plastic monument well
marking the center 1/4 comer of said Section 12; thence along the East right-of-way line of Avon
Road Nl3°42'50"E,.a distance of 95.60 feet to the south corner of Parcel TK-14 as recorded
under Reception No. 521717, Public Records of Eagle County, Colorado; thence along the East
boundary of said Parcel M_ 14 the following two (2) courses and distances:
1).. N20053'28"E,.79.00 feet;
2). N01 °22'5.6'-'E, 46.30 feet to intersect the approximate centerline of the Eagle River;
thence along said centerline the following two (2) courses and distances:.
1). S 82° 10' 14"E, 128.67 feet;
2). S36°53'40"E 249.27 feet to intersect the North line of the Northwest,1/4 of the Southeast
1/4 of said Section 12,-.thence along said line N89019' 10"W, a distance of 87.88 feet to intersect
• the approximate centerline of Beaver Creek; thence along said centerlinelhe following four (4)
courses and distances:
1). S17°01'489_W, 10.80 feet;
2). $13-11'27"W, 54.50 feet;
3). S50°52'O1"W, 24.11 feet;
4).. S64045,.'05"W, 38.94 feet to intersect the Northerly right-of-way line of U.S. Highway
No. 6; thence 180.19 feet along said right-of-way line and the arc,of a curve to"the- left having a
radius of 3870.00' a central angle of 02040'04",. a chord bearing of N72°40'26"W and-a cord
length of 180.17' to intersect the West line of the Southeast 1/4 of said Section 12; thence along
said line N00026'3 7"E, a distance of 44.42 feet to the Point of Beginning and containing 1.4410
acres, more or less.
•
Exhibit B
810362.4
EIIT C
TO P ET1ITIfON FOR AI`M1UTION
Affidavit of Circulator
The undersigned, being of lawful age, who being first duly sworn upon oath deposes and
says:
That (s)he was the circulator of the foregoing Petition for Annexation of lands to the
Town of Avon, consisting of six pages, excluding the page(s) of this Exhibit C, and that the
signature of the petitioner thereon was witnessed by. the circulator and is the true and original
signature of the person whose name it purports to be, and that the date of such signature is
correct.
)Circulat j I
STATE OF COLORADO )
ss.
COUNTY OF )
The foregoing AFFIDAVIT OF CIRCULATOR was subscribed and sworn to before me
this day of 2008, by '-Do &yLe Ma (z r %e, 1/0
Witness my hand and official seal.
My commission expires: C • / y. D q
Notary Public
Exhibit C
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810362.4
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