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TC Ord. No. 2014-18 Approving Acquisition of Tract S, Block 3, Wildridge For Hiking and Bike TrailATTACHMENT A: ORD NO. 14 -18 TOWN OF AVON ORDINANCE 14 -18 SERIES of 2014 AN ORDINANCE APPROVING THE ACQUISITION OF TRACT S OF THE TWIN BEARS TOWNHOMES, TOWN OF AVON, COLORADO WHEREAS, the Town of Avon and Twin Bears Townhome Owners Association, have mutually agreed to the sale and conveyance to the Town of Avon of a portion of the Twin Bears Townhome common area, described_ as Tract S of the AMENDED FINAL PLAT, A RESUBDVISION OF TWIN BEARS TOWNHOMES, Lot 3, Block 2, Wildridge Subdivision, Town of Avon, County of Eagle, Colorado ( "Property"); WHEREAS, Section 2.1 of the Avon Home Rule Charter provides that the Town Council may acquire real property interests and Colorado Revised Statutes section 31- 15- 101(1)(d) provides that municipalities may acquire and hold real property; WHEREAS, the Town Council finds that acquisition of this Property supports Avon Comprehensive Plan by adding recreational trails for use and enjoyment by the Avon community and securing property that allows a better trail that minimizes excavation and disturbance of native vegetation; WHEREAS, the Town Council finds that acquisition of the Property shall promote the health, safety, prosperity, convenience and general welfare of the Avon community by; and, WHEREAS, approval of this Ordinance on first reading is intended only to confirm that the Town Council desires to comply with the requirements of the Avon Home Rule Charter by setting a public hearing in order to provide the public an opportunity to provide public comment on this Ordinance and that approval of this Ordinance on first reading does not constitute a representation that the Town Council, or any member of the Town Council, supports, approves, rejects, or denies this Ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO, the following: Section 1. Recitals Incorporated. The above and foregoing recitals are incorporated herein by reference and adopted as findings and determinations of the Town Council. Section 2. Acquisition Approved. The acquisition of the Property for $8,000.00 is hereby approved. The form of the deed shall be subject to review and approval by the Town Attorney. Section 3. Mayor and Town Clerk Authorized to Execute Documents. The Mayor and Town Clerk are authorized to execute and attest to documents related to acquisition of the Property in accordance with this Ordinance and take such other actions as may be reasonably necessary to implement the actions in this Ordinance. Ord. No 14 -18 Approving Acquisition of Tract S, Twin Bears Townhomes October 23, 2014 Page 1 of 3 ATTACHMENT A: ORD NO. 14 -18 Section 4. Severability. If any provision of this Ordinance, or the application of such provision to any person or circumstance, is for any reason held to be invalid, such invalidity shall not affect other provisions or applications of this Ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this Ordinance are declared to be severable. The Town Council hereby declares that it would have passed this Ordinance and each provision thereof, even though any one of the provisions might be declared unconstitutional or invalid. As used in this Section, the term "provision" means and includes any part, division, subdivision, section, subsection, sentence, clause or phrase; the term "application" means and includes an application of an ordinance or any part thereof, whether considered or construed alone or together with another ordinance or ordinances, or part thereof, of the Town. Section 5. Effective Date. This Ordinance shall take effect thirty days after the date of final passage in accordance with Section 6.4 of the Avon Home Rule Charter. Section 6. Safety Clause. The Town Council hereby finds, determines and declares that this Ordinance is promulgated under the general police power of the Town of Avon, that it is promulgated for the health, safety and welfare of the public, and that this Ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The Town Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to be obtained. Section 7. Publication by Posting. The Town Clerk is ordered to publish this Ordinance by posting notice of adoption of this Ordinance on final reading by title only in at least three public places within the Town and posting at the office of the Town Clerk, which notice shall contain a statement that a copy of the Ordinance in full is available for public inspection in the office of the Town Clerk during normal business hours. [Signature page follows] Ord. No 14 -18 Approving Acquisition of Tract S, Twin Bears Townhomes October 23, 2014 Page 2 of 3 ATTACHMENT A: ORD NO. 14 -18 INTRODUCED, APPROVED, PASSED ON FIRST READING, ORDERED POSTED AND REFERRED TO PUBLIC HEARING and setting such public hearing for November 11, 2014 at the Council Chambers of the Avon Municipal Building, locate t One Lake Street, Avon, Colorado, on October 28, 2014. /J Rich Carroll, Mayor Published by posting in at least three public places in Town and posting at the office of the Town Clerk at least six days prior to final action by the Town Council. ATTEST: pd " Debbie Hoppe, Town Clerk APP M'y-"r FO Eric J. He' r, wn Attorney INTRODUCED, FINALLY APPROVED, AND PASSED ON SECOND READING, AND ORDERED PUBLISHED BY POSTING on November 11, 2014. Rich Carroll, ayor Published by posting by title in at least three public places in Town and posting by title at the office of the Town Clerk. ATTEST: WA Debbie Hoppe, Ord. No 14 -18 Approving Acquisition of Tract S, Twin Bears Townhomes October 23, 2014 Page 3 of 3 ATTACHMENT B: TRACT S DEPICTION 0' 20' 40' 60' / h SCALE: 1 " = 20' \,// BIKE PATH SUBJECT SITE UnLIT 100' 11`_ EP FND. 1 1/ L.S.9 R= 475.00' \ TRACT D L= 35.00' — T= 17.51' GRAVEL ROADWAY BRG= N19'53'15 "W \ �� C LEN= 34.99' 16' 162.86• \ SET #4 REBAR & \ ` 7 5' 1 1/2" ALUMINUM CAP \\ _ L.S.H30116 \ UTILITY & DRAINAGE EASEMENT \ N39'5 '27" I O \I I TRACT m N10'30'25*E I r I I TRACTS 44 II 0.015 AC, II I N15'31' \ DIR I 8 I \I o I � I \\ N31'07'23W O i 27.58 I � \ I I I I I i � I I I LOT 3 1 I BLOCK 2 810 I N 10.0' SLOPE MAINTENANCE, II DRAINAGE & SNOW STORAGE EASEMENT � � u 1 I D= 61'18'56" � � I I R= 225.00' / I L= 240.79' / T= 133.37' "W / 9RG= S0839'34 C LEN = 229.46' / I / I � / I f / I / I / COMMON AREA I LOT C I h / I LOT B / I It I \ LOT A / I \ O Qass 0, LOT 4 ^ / \ \ UTILITY & DRAINAGE Z \� EASEMENT 0' 20' 40' 60' / h SCALE: 1 " = 20' \,// BIKE PATH SUBJECT SITE UnLIT 100' 11`_ EP FND. 1 1/ L.S.9