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TC Ord. No. 2016-18 Authorizing Lot 39-Tract O Land ExchangeAV O n CGI TOWN OF AVON, COLORADO ORDINANCE NO. 16 -18 APPROVING THE CONVEYANCE OF A PORTION OF TRACT O AND THE ACQUISITION OF A PORTION OF LOT 39, WILDRIDGE, AVON, COLORADO WHEREAS, the Town of Avon owns Tract O, Wildridge Subdivision, Avon, Colorado, ( "Tract O ") of which the upper portion is used for a water storage tank for the drinking water systems system serving the community and the lower portion of which is not used for public purpose; and, WHEREAS, 5032 -5040 Wildridge LLC ( "Owner ") is the owner of Lot 39, Block 4, Wildridge Subdivision, Avon, Colorado, ( "Lot 39 "), which is adjacent to Tract O, and Owner has proposed to convey a portion of Lot 39 to the Town of Avon and trade for acquiring a portion of the lower section of Tract O which is not used for public purposes and which will facilitate the construction of driveway access for the development of Lot 39; and, WHEREAS, the Upper Eagle River Water Authority has reviewed the proposed acquisition of a portion of Lot 39 and has indicated that such acquisition will provide suitable adjacent land for the construction of a replacement water storage tank, and will therefore facilitate the future capital investment in the drinking water system that serves the Avon community; and, WHEREAS, Section 2.1 of the Avon Home Rule Charter provides that the Town of Avon may receive and dispose of real property; and WHEREAS, the Avon Town Council finds that approval of the exchange of land will promote the efficient and secure provision of drinking water to the Avon community and will thereby promote the health, safety and general welfare of the Avon community; 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 present testimony and evidence regarding 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. Ord 16 -18 Authorizing Lot 39 -Tract O Land Exchange FINAL — September 21, 2016 Page 1 of 3 Section 2. Conveyances Subject to Subdivision Plat. The conveyance of a portion of Lot 39 from the Owner to Town of Avon and the conveyance of a portion of Tract O from the Town to the Owner shall be conditioned upon and subject to the administrative review and approval of a subdivision plat to adjust such lot lines according, and which subdivision plat shall include such easements for drainage, utilities, adjacent sub - lateral support and other purposes as are determined appropriate by the Town. Section 3. Acquisition of a Portion of Lot 39. The Town Council hereby authorizes the acceptance of real property as acquired by and through a Special Warranty Deed in substantially the same form as attached hereto as Exhibit A: Special Warranty Deed Conveying a Portion of Lot 39. Section 4. Conveyance of a Portion of Tract O. The Town Council hereby authorizes the conveyance of a Portion of Tract O by and through a Special Warranty Deed in substantially the same form as attached hereto as Exhibit B: Special Warranty Deed Conveying a Portion of Tract O and further authorizes the Mayor and Town Clerk to execute the Special Warranty Deed. Section 5. 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 6. Effective Date. This Ordinance shall take effect thirty (30) days after the date of final passage in accordance with Section 6.4 of the Avon Home Rule Charter. Section 7. 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 S. Publication. The Town Clerk is ordered to publish this Ordinance in accordance with Chapter 1.16 of the Avon Municipal Code. Ord 16 -18 Authorizing Lot 39 -Tract O Land Exchange FINAL — September 21, 2016 Page 2 of 3 INTRODUCED AND ADOPTED ON FIRST READING AND REFERRED TO PUBLIC HEARING on September 13, 2016 and setting such public hearing for September 21, 2016 at the Council Chambers of the Avon Municipal Building, located at One Lake Street, Avon, J A TEST: Fancher, Mayor Debbie Hoppe, Towh Clerk TED ON SECOND AND FINAL READING on September 21, 2016. ATTEST: Debbie Hoppe, Town own Attorney Ord 16 -18 Authorizing Lot 39 -Tract O Land Exchange FINAL — September 21, 2016 Page 3 of 3 :SEAL. �OLORADO�