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07-22-1987 Subdiv Improvements AG Eagle BendTown of Avon P. O. Box 975, Avon, CO 81620 (303) 949 -4280 July 22, 1987 Mr. Robert Martinez Division of Local Government 1313 Sherman Street Room 520 Denver, Colorado 80203 Re: Annexation of Eagle Bend Subdivision, Avon, Colorado Dear Mr. Martinez: Please find enclosed the blue line annexation map for the Eagle Bend Subdivision, filing #1, filing #2, filing #3, and filing #4. This annexation was approved by the Avon Town Council on June 10, 1986. The mylars were recorded on July 17, 1987. Also, find enclosed a copy of the ordinance No. 86 -10, Series of 1986 in respect to the above. Please let us know if there is any way we can further assist. i i c rely ric i /0�e Town Clerk enclosure cc: File Town of Avon P. O. Box 975, Avon, CO 81620 (303) 949 -4280 July 15, 1987 Inter Mountain Engineering P.O. Box 978 Avon, Colorado 81620 Attention: Jeffery Spanel Re: Extension of time for the Filing of the Eagle Bend Plat Dear Jeff: At its regular meeting of July 14, 1987, the Avon Town Council approved the request for extension of time for filing the Eagle Bend Plat for another thirty (30) days. The thirty days will be extended to August 14, 1987. If you have any questions please do not hesitate to contact the Town Offices. C erel Paticia J. Doyle Town Clerk cc: Norm Wood File SUBDIVISION IMPROVEMENTS AGREEMENT EAGLE BEND SUBDIVISION THIS AGREEMENT, made and entered into this day of May, 1986, by and between Eagle Bend, a Colorado general partnership ( "Subdivider ") and the Town of Avon, State of Colorado, a municipal corporation, by and through its Town Council ( "Town "). WHEREAS, Subdivider, as a condition for approval of the final subdivision plat of Eagle Bend Subdivision ( "Subdivision "), desires to enter into a Subdivision Improvements Agreement with the Town; and WHEREAS, Subdivider has been requested by the Town to provide security or collateral sufficient to insure the completion of certain public improvements hereinafter described; and WHEREAS, Subdivider desires to provide such collateral by means of a letter of credit; and WHEREAS, Subdivider has provided for the collection and treatment of sewage by the Upper Eagle Valley Sanitation District, a Colorado quasi- municipal corporation, with said District assuming responsibility for sewage collection and treatment; and WHEREAS, Subdivider has provided for a source of domestic water by the Eagle -Vail Metropolitan District, a Colorado quasi- municipal corporation, with said District assuming responsibility for domestic water service and fire protection. NOW, THEREFORE, in consideration of the following mutual covenants, conditions and promises, the parties agree as follows: 1. Subdivision Improvements. Subdivider shall, at its sole cost and expense and in a good and workmanlike manner, provide all materials and equipment for, and complete, the following improvements: 1.1 Acceleration /deceleration lanes and guardrail on U.S. Highway 6 at its point of intersection with Stonebridge Drive ( "Accel /Decel No. 1 "). 1.2 Acceleration /deceleration lanes and graveled entrance on U.S. Highway 6 at the entrance to Nottingham Sand and Gravel ( "Accel/Decel No. 2 "). 1.3 Cul -de -sac at the Western end of Eagle Bend Road ( "Cul -de- sac "). 1.4 Construction of a bike path across a portion of Filing No. 4 ( "Bike Path "). 1.5 Lot pins, field staking, tests and supervision, as more specifically described in paragraph 13 herein ( "Survey Work "). 1.6 Completion of punch -list items on Eagle Bend Road and Stonebridge Drive ( "Road Repair "), attached hereto as Exhibit A. 1.7 As the Metcalf Ditch is diverted and piped, provision of adequate irrigation to support trees presently growing along the Metclaf Ditch in a manner mutually agreeable to the parties ( "Irrigation "). 1.8 Fence and landscaping, along railroad right -of- way ( "Fence "). 2. Applicable Standards. All of the Improvements and all work incidental thereto shall be completed in compliance with: 2.1 All final plat documents submitted prior to or at the time of final plat approval; 2.2 All laws of the United States of America, State of Colorado, Town of Avon, and its respective agencies, affected special districts and /or service districts; and 2.3. Such other designs, drawings, maps, specifications, sketches and other matters submitted by Subdivider to and approved by any of the above - referenced governmental entities. The inspection procedures and standards established by the Town shall be completed to the reasonable satisfaction of the Town and shall not be deemed complete until approved and accepted by the Town Council or said Council's appointed designees. 3. Time for Completion. The Improvements shall be completed by the earlier of (a) June 30, 1988 and (b) the date on which a Certificate of Occupancy shall be obtained for the 40th residential unit constructed within the Subdivision. -2- 4. Cost of Completion. The estimated cost of the Improvements is $ . , broken down generally as follows and more particularly broken down on EExhibit 4 attached hereto: 4.1 For Accel /Decel No. 1, the sum of $ 4.2 For Accel /Decel No. 2, the sum of $ 4.3 For the Cul -de -sac, the sum of $ 4.4 For the Bike Path, the sum of $ 4.5 For the Survey Work, the sum of $ 4.6 For the Irrigation, the sum of $ 4.7 For the Fence, the sum of $ 4.8 For the Road Repairs, the sum of $ S. Letter of Credit. As security for the completion of the Improvements and the performance of Subdivider's obligations hereunder, Subdivider shall provide to the Town a letter of credit in the amount of $ ( "LOC "). The LOC shall be maintained in an amount approximating, at all times, the estimated costs of the Improvements remaining to be completed. The cost of such uncompleted Improvements shall be determined from time to time by Subdivider from comparable -cost information provided by its engineer or, if comparable -cost information is not available, from estimates provided by its engineer, subject to the reasonable approval of the Town. Subject to the terms of this paragraph and Subdivider's compliance with the terms of this Agreement, Subdivider shall be entitled to reduce the amount of the LOC upon each anniversary.of its issuance (each such anniversary being a "Reduction Date ") in the amount, if any, of the cost of the Phase or Phases (as hereinafter defined) completed on or prior to such Reduction Date. In the event that Subdivider shall desire to obtain a reduction in the amount of the LOC, it shall submit to the Town Council a request for reduction accompanied by documentation establishing the completion of a Phase or Phases and the estimated cost of the remaining uncompleted Improvements. The approval of the Town shall be deemed given in the event that Subdivider does not receive written notice of its disapproval within 30 days after the date of its application for reduction. Any notice of disapproval given by the Town shall specify with particularity any deficiencies in the completed Improvements. Upon its correction of such deficiencies, if any, Subdivider shall be entitled to reapply for a reduction in any amount of the LOC in accordance with the -3- terms of this paragraph. The Town shall be under no obligation to reduce the amount of the LOC to less than 10% of the original face amount thereof ( "Retainage ") prior to the end of the Warranty Period (as defined below). Subject to the provisions of paragraph 8 below, the Town shall release the retainage at the end of the Warranty Period and its acceptance of the Improvements. 6. Phased Completion of Improvements. For purposes of reducing the amount of the LOC, the Improvements shall be grouped together as follows (each such group constituting a "Phase "): Phase I - Road Repairs, Cul -de -sac, Fence and Survey Work; Phase II - Accel /Decel No. 1; Phase III - Accel /Decel No. 2; Phase IV - Bike Path, Irrigation. A Phase shall be deemed completed upon the completion of all Improvements comprising such Phase. 7. Completion of Improvements by Town. In the event that the Town shall reasonably determine that Subdivider will not, or is unable to, timely construct any or all of the Improvements in accordance with applicable specifications, the Town shall be entitled to draw upon the LOC in an amount sufficient to complete such Improvements and apply the proceeds for such purpose. It is specifically understood and agreed that this provision is for the protection of the Town and does not impose upon the Town any obligation to undertake construction of any of the Improvements or to pay for the construction thereof. 8. Warranty; Retainage. With the exception of the Roadway Repairs and any work performed with respect to Eagle Bend Road and Stonebridge Drive (the "Roadways "), Subdivider warrants each Improvement (work and material) for a period of one year after completion of such Improvement in a manner satisfactory to the Town ( "Warranty Period "). Acceptance by the Town of all completed work shall not be unreasonably withheld. The Retainage shall constitute security for any and all claims that may be made under this warranty, and shall be released by the Town upon its acceptance of the last of the Improvements as provided in paragraph 5. 9. Roadways. At the end of the Warranty Period, and upon the request of Subdivider, the Town shall inspect the '.M Roadways and, if it should reasonably determine that repairs are needed prior to its acceptance of such roadways, shall submit to Subdivider a "punch -list" of such repairs. Within 30 days after the end of the Warranty Period or, if the Town shall submit a "punch -list" of further required repairs within such 30 -day period, within 30 days after the completion of such further repairs, the Town shall accept such Roadways. The Town shall operate and maintain the Roadways from and after the date of acceptance. 10. Highway Improvements Specifications. The construction procedures for the Highway Improvements and the Cul -de -sac shall be in accordance with detailed plans and specifications approved by the Town as a part of the Subdivision approval process. 11. No Addresses. As street addresses for the Subdivision have not been determined, Subdivider shall have no obligation to indicate street addresses on the Subdivision final plat unless the Town shall have provided such addresses to Subdivider prior to filing of the final plat. 12. Stub Out of Water Lines. Subdivider shall stub out water service connections from the main water lines within the road right -of -way so as to serve each lot without a road cut. All other utilities shall be installed on the up -hill (cut) side (wherever practicable), in the unpaved portion of the road rights -of -way. It is anticipated that road cuts will be necessary for all utilities from time to time, and that the same shall be performed in accordance with Title 12 of the Avon Municipal Code. 13. Survey Work. Subdivider shall obtain the monumentation of the external boundaries of the Subdivision and boundaries of the blocks within the Subdivision in accordance with Sections 38 -51 -101 et seq., C.R.S. 1973, as amended. Steel pins with metal caps set in 8" concrete monuments shall be set at all property corners within the Subdivision; provided, however, that such pins and caps shall be so set in Filing No. 4 after completion of overlot grading. Concrete monuments shall be set as shown on the final plat prior to recording threof. 14. Erosion Control. Temporary erosion control facilities shall be installed as needed during construction to minimize surface water runoff and siltation. Such erosion control facilities may include siltation settling basins; straw bale dams, earthen or rock berms, etc. If excessive erosion results from excessive water being discharged through culverts during the Subdivision development, Subdivider shall place rip -rap to eliminate such condition. E615 15. Amendments. This Agreement may be amended only by a writing signed by a•ll parties. 16. Fees. In accordance with the Town's Subdivision Regulations, for the review of the Sketch Plan, Preliminary Plans, and Preliminary Plans, and Final Plats (with — lots) are hereby paid in full and accepted by the Town in the amount of $ 17. Additional Fees. Additional fees shall be assessed to Subdivider from time to time to cover inspection of the Improvements. Said fees shall be at a rate of $ and are estimated to total $ 18. Subdivision Final Plat Approval. The Town hereby approves the Subdivision of final plat of Eagle Bend Subdivision, subject to the terms and conditions of this Agreement. 19. Governing Law. This Agreement shall be governed by the laws of the State of Colorado. 20. Counterparts. This Agreement may be executed in counterparts, all of which together shall constitute one and the same Agreement. IN WITNESS WHEREOF, the parties have executed this Agreement as of the day of May, 1986. Town of Avon, a Colorado municipal corporation Attest: By: Patricia J. Doyle Town Clerk Allan Nottingham am Eagle Bend, a Colorado general partnership By: By: ACCEPTED AND APPROVED: Stonebridge Cluster Homeowners' Association, a Colorado non - profit corporation. By: Eaglebend- Duplex Homeowners' Association, a Colorado non - profit corporation By: Received Town of Avon JUN 0 6 1986 -7- SUBDIVISION IMPROVEMENTS AGREEMENT EAGLEBEND SUBDIVISION THIS AGREEMENT, made and entered into this day of , 1986, by and between ► hereinafter referred to as "Subdivider ", and the Town of Avon, State of Colorado, a municipal corporation, by and through its Town Council, hereinafter referred to as "Town ". WHEREAS, the Subdivider, as a condition for approval of the final subdivision plat of Eaglebend Subdivision, desires to enter into a Subdivision Improvements Agreement with the Town; and WHEREAS, the Subdivider has been requested by the Town of provide security or collateral sufficient to make reasonable provisions for completion of certain public improvements ( "Improvements ") set forth in Exhibit "A" attached hereto and by reference incorporated herein; and WHEREAS, the Subdivider desires to provide collateral to guarantee performance of the Agreement, including construction of the Improvements, by means of and WHEREAS, the Subdivider has provided for the collection and treatment of sewage by virtue of the subject subdivision being within the boundaries of the Upper Eagle Valley Sanitation District, a quasi - municipal corporation, under the laws of the State of Colorado, with said District assuming responsibility for sewage collection and treatment; and WHEREAS, the Subdivider has provided for a source of domestic water by virtue of the subject subdivision being within the boundaries of the Eagle -Vail Metropolitan District, a quasi - municipal corporation, under the laws of the State of Colorado, with said District assuming responsibility for domestic water service and fire protection. NOW, THEREFORE, in consideration of the following mutual covenants, conditions, and promises, the parties hereto agree hereby as follows: 1. Subdivider hereby agrees, at its sole cost and expense, to furnish all equipment and material in a good workman -like manner necessary to perform and complete by (�'"`1 the public imprq �nents set forth on Exhibit -A- attached hereto and by reference incorporated herein and to do all work incidental thereto according to and in compliance with the following: a. All final plat documents submitted prior to or at the time of final plat approval; b. All laws of the United States of America, State of Colorado, Town of Avon and its respective agencies, affected special districts and /or service districts; C. Such other designs, drawings, maps, specifications, sketches and other matter submitted by Subdivider to and approved by any of the above - referenced governmental entities. All said work shall be done under the inspection procedures and standards established by the Town, shall be to the reasonable satisfaction of the Town and shall not be deemed complete until approved and accepted by the Town Council or said Council's appointed designee. The estimated cost of the work and improvements, are the subject of this Agreement, is the sum of $ ( dollars) , as set below: Roads, Re- vegetation, etc. - Stonebridge Drive from US Hwy ._6 to Eaglebend Drive Stonebridge Drive - Eagle River Br ' dgej� Ea g1 bend Drive from West property M ne to Stonebridge Drive inte ection C f_ rut -=--� Eaglebe d Drive from Stone- bridge Drive ntersection to East property ine Cl�,�) which forth Construction Retainage Co s t,/A/I'a4 /-0 /o Accel /Deaccel. lanes and' guardrail at Hwy. 6 6 Sound barrier fence along railroad right -of -way Drainage i Sewage Collection Transmission 6�'� - 3LO ��i�v Lines Underground Electrical Trans- mission Lines Bike Paths Lot pins, field staking, tests, & supervision 2. Subdivider hereby collateral to Town equal to the remaining to be installed, plus cost of completed improvements. agrees to provide security and estimated costs of Improvements ten percent (10 %) of the actual It is the intention of Subdivider collateral will initially be in , in the amount dollars) . and Town that said security and the form of of $ a. The security and collateral given to the Town will always have a value approximating the estimated costs of Improvements remaining to be installed, plus ten percent (10 %) of the cost of completed improvements. Improvements remaining to be installed will be determined from time -to -time by Subdivider using estimated quantities provided by its Engineer from design plans and the latest available comparable installation costs within the subdivision. If a comparable installation cost is not available, a reasonable cost provided by the Subdivider's Engineer will be utilized; the Town will not unreasonably withhold its approval of any of the above mentioned estimated costs of Improvements remaining to be installed. 3. Subject to the provisions of paragraph 2, above, and provided that Subdivider is in compliance with the terms and conditions set forth herein, the Subdivider may apply to the Town Council for a release of part or all of the collateral deposited with the Town as the subject Improvements are completed upon proof of payment by Subdivider toward the cost and /or completion of the Improvements. However, the Town may refuse to release such collateral at any point in time when such release would bring the total value of the collateral held by the Town to an amount less than the value of the remaining uncompleted Improvements. If the Town determines that any Improvements are not constructed in substantial compliance with the subject specifications, it shall furnish the Subdivider within thirty (30) days after any request for release of collateral or for acceptance of Improvements a list of specific deficiencies to be corrected within a reasonable period of time. If the Town reasonably determines the Subdivider will not or is unable to construct any or all of the Improvements in accordance with all of the specifications, the Town may withdraw and may employ from the deposit of collateral such funds as may be necessary to construct the Improvements in accordance with the specific Jtions. However, this Dvision is for the protection of "the Town and does not impose any mandatory obligation upon the Town to undertake the construction of any of the Improvements or to pay for the construction of any of the Improvements and this provision is not intended and shall not be interpreted to be for the benefit or protection of third parties. 4. Subdivider warrants all work and material for a period of one year after acceptance by the Town and completion of each phase in accordance with the approved plans and specifications. Acceptance by the Town of all completed work shall not be unreasonably withheld. Further, Town shall have a right to retain security or collateral in the amount of ten percent (10 %) of the total construction costs to cover any and all reasonable claims under this warranty. Town agrees to accept all roads or segments thereof when completed by Subdivider in accordance with said applicable road designs and specifications and to operate and maintain said roads thereafter. 5. Road construction procedures shall be in accordance with detailed plans and specifications approved by the Town as a part of the Subdivision approval process. 6. The entity furnishing public services (i.e. water, sewer, telephone, electric and television cable, etc.) shall confirm, in writing, the location of its respective service lines prior to the Town of Avon being required to issue a permit for construction of said service line. A proposed construction schedule for installation of utilities will be furnished by Subdivider with each permit request. All utility trenches will be compacted to 95% Standard Proctor. Daily tests will be furnished to the Town of Avon by a professional engineer recognized as a practicing soils engineer. Proof rolling of the trenches will be provided for the Town of Avon to inspect prior to allowing placement of gravel on the road subgrade. 7. As respective street addresses for the subject subdivision have not been determined, Subdivider shall not be required to indicate street addresses on the subdivision final plat for Eaglebend Subdivision. 8. Subdivider shall be required to stub out water service connections from the main water lines within the road right -of -way so as to serve each lot without a road cut; and further with respect to other utilities the installation of same shall be on the up -hill (cut) side whenever practical in the unpaved portion of the rights -of -way. It is anticipated that road cuts will be necessary for all utilities from time -to -time, and that same shall be in accordance with Title 12 of the Avon Municipal Code. 9. Subdivider shall obtain the monumentation of the external boundaries of the subdivision and boundaries of the blocks within the subdivision in accordance with Sections 38 -51 -101 et seq, C.R.S. 1973, as amended. Steel pins with metal caps set in 8 inch concrete monuments 36 inches deep shall also be set at a minimum of two (2) property corners at all road intersections and at six traverse points selected by Subdivider's engineer at locations which will facilitate future surveys; no monuments shall be required on curves or other additional points. 10. Temporary erosion control facilities shall be installed during construction of improvements to minimize surface water runoff and siltation; facilities may include siltation settling basins, straw bale dams, earthen or rock berms, etc. 11. If excessive erosion is evident due to excessive water being discharged through culverts during the subdivision development, then rip rap shall be placed to eliminate such excessive erosion, at Subdivider's expense. 12. This Agreement may be amended from time -to -time, provided such amendment be in writing and signed by all parties hereto. 13. Regulations, Final Plats by the Town Fees, in accordance with the Town's Subdivision for the review of Sketch Plan, Preliminary Plans, and (with lots) are hereby paid in full and accepted in the amount of $ dollars) . 14. Additional fees shall be assessed to time -to -time to cover inspection of construction Said fees will be at the rate of $ (_ dollars). It is estimated that and that said inspection fees will approximate $ (_ dollars) . Subdivider from by the Town. 15. The Town hereby approves the subdivision final plat of Eaglebend Subdivision, subject to the terms and conditions of this Agreement. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the day and year first above written. /ice TOWN OF AVON, COUNTY OF EAGLE, STATE OF COLORADO PETITION IN THE MATTER OF THE PROPOSED ANNEXATION OF UNINCORPORATED TERRITORY IN THE COUNTY OF EAGLE, STATE OF COLORADO, TO THE TOWN OF AVON, COLORADO (A parcel of land located in Section 12, T. 5 South, Range 82 West of the 6th P.M. and in Section 7, T. 5 South, Range 81 West of the 6th P.M., Eagle County, Colorado) TO THE HONORABLE TOWN COUNCIL OF THE TOWN OF AVON: The undersigned, as the owners of more than fifty percent (50 %) of the land in the area to be annexed, exclusive of streets and alleys, in accordance with the Colorado Municipal Annexation Act of 1965, as amended, hereby petition the Town Council of the Town of Avon, Colorado, to commence proceedings to annex to the Town of Avon certain unincorporated territory located in the County of Eagle, State of Colorado, legally described in Exhibit A attached hereto. In support of said pe- tition, the petitioners allege that: (1) The undersigned are the owners of more than fifty percent (50 %) of the land in the area proposed to be annexed, and are more than 50% of the landowners in the area proposed to be annexed, excluding public streets and alleys and any land owned by the Town of Avon. (2) It is desirable and necessary that the above described territory be annexed to the Town of Avon; (3) Not less than one -sixth (1/6) of the perimeter of the area proposed to be annexed is contiguous with the Town of Avon; (4) A community of interest exists between the territory proposed to be annexed and the Town of Avon; (5) The territory to be annexed is urban and will be fur- ther urbanized in the near future; (6) The territory proposed to be annexed is integrated with or is capable of being integrated with the Town of Avon; (7) No land held in identical ownership has been divided into separate parts or parcels without the written consent of the landowners; (8) No land held in identical ownership comprising twenty (20) acres or more, with a valuation for assessment in excess of $200,000 for ad valorem tax purposes, has been included without written consent of the landowners; (9) No annexation resolution pursuant to Section 31 -12 -105, C.R.S. 1973, as amended, and no annexation petition or petition for an annexation election pursuant to Section 31 -12 -107, C.R.S. 1973, as amended, has been commenced for the -2- annexation of part or all of such territory to another existing municipality; (10) This proposed annexation will not result in the detachment of area from any school district; (11) A legal description of the land owned by the signer of this Petition is attached hereto as Exhibit C. (12) The mailing addresses of the signers of this petition and the date of signing is affixed to the petition; (13) Attached to this petition is the affidavit that the signatures hereon are the signatures of the persons whose name he or she purports to be; (14) Accompanying this petition are four prints of an annexation map identified as Exhibit B, containing the follow- ing information: (a) A written legal description of the boundaries of the area proposed to be annexed; (b) A map showing the boundary of the area proposed to be annexed; (c) A showing of the location of each ownership tract of land in the annexation area; 1XIM W (d) Next to the boundary of the area proposed to be annexed is drawn the contiguous boundary of the Town of Avon; (e) The dimensions of the contiguous boundaries are shown on the map; (f) The map bears the certificate and seal of a reg- istered engineer or land surveyor and shows the dimensions by scale of the boundaries and the bearings of the boundaries of said area. (15) This Petition contains signature lines for 100% of the landowners of the area sought to be annexed, and may be executed in counterparts. Any number of executed counterparts which together shall have been executed by the owners of more than 50% of the area sought to be annexed, as well as by more than 50% of the landowners in the area sought to be annexed, exclusive of public streets and alleys and any land owned by the Town of Avon shall constitute one Petition. The Petitioners respectfully request hereby that the Town Council of the Town of Avon, Colorado, make a finding of sub- stantial compliance for this Petition and commence proceedings for a hearing hereon and approval of the annexation of the sub- ject territory. DATED this 25th day of March, 1986. Address: P.O. Box 978 Avon, Colorado 81620 Two Turtle Creek Village A -12 Dallas, Texas 75219 8235 Douglas, #400 LB #32 Dallas, Texas 75225 4301 Purdue Dallas, Texas 75225 180 N. Executive Drive Brookfield, Wisconsin 53006 809 Glen Arden Way Altamonte Springs, Florida 32701 399389 U.S. Highway #6 Avon, Colorado 81620 EAGLEBEND, a Colorado general partnership �r By: /Arthur Kleinstein, partner David Whisenant, Trustee for Elizabeth Lindley Whisenant Trust II Richard Gray, Jr. Robert H. West Dennis G. Punches Dr. Milo R. Novotny Susan Nottingham -5- DATED this 25th day of March, 1986. Address: EAGLEBEND, a Colorado general partnership P.O. Box 978 Avon, Colorado 81620 By: Arthur Kleinstein, partner Two Turtle Creek Village David Whisenant, Tru tee for A -12 Elizabeth Lindley Whisenant Trust II Dallas, Texas 75219 8235 Douglas, #400 Richard Gray, Jr. LB #32 Dallas, Texas 75225 4301 Purdue Robert H. West Dallas, Texas 75225 180 N. Executive Drive Brookfield, Wisconsin 53006 809 Glen Arden Way Altamonte Springs, Florida 32701 399389 U.S. Highway #6 Avon, Colorado 81620 Dennis G. Punches Dr. Milo R. Novotny Susan Nottingham -5- DATED this 25th day of March, 1986. Address: P.O. Box 978 Avon, Colorado 81620 Two Turtle Creek Village A -12 Dallas, Texas 75219 8235 Douglas, #400 LB #32 Dallas, Texas 75225 Dallas, Texas 75225 EAGLEBEND, a Colorado general partnership By: Arthur Kleinstein, partner David Whisenant, Trustee for Elizabeth Lindley Whisenant Trust II Richard Gray, Jr. Robert H. West 180 N. Executive Drive Dennis G. Punches Brookfield, Wisconsin 53006 809 Glen Arden Way Dr. Milo R. Novotny Altamonte Springs, Florida 32701 399389 U.S. Highway #6 Susan Nottingham Avon, Colorado 81620 -5- DATED this 25th day of March, 1986. Address: P.O. Box 978 Avon, Colorado 81620 Two Turtle Creek Village A -12 Dallas, Texas 75219 8235 Douglas, #400 LB #32 Dallas, Texas 75225 EAGLEBEND, a Colorado general partnership By: Arthur Kleinstein, partner David Whisenant, Trustee for Elizabeth Lindley Whisenant Trust II Richard Gray, Jr. 4301 Purdue Robert H. West Dallas, Texas 75225 180 N. Executive Drive ennis G. Punches Brookfield, Wisconsin 53006 809 Glen Arden Way Altamonte Springs, Florida 32701 399389 U.S. Highway #6 Avon, Colorado 81620 Dr. Milo R. Novotny Susan Nottingham -5- DATED this 25th day of March, 1986. Address: P.O. Box 978 Avon, Colorado 81620 Two Turtle Creek Village A -12 Dallas, Texas 75219 8235 Douglas, #400 LB #32 Dallas, Texas 75225 4301 Purdue Dallas, Texas 75225 180 N. Executive Drive Brookfield, Wisconsin 53006 809 Glen Arden Way Altamonte Springs, Florida 32701 399389 U.S. Highway #6 Avon, Colorado 81620 EAGLEBEND, a Colorado general partnership By: Arthur Kleinstein, partner Dav'd isenant, Trustee for E iz eth Lindley isenant Trust II -YK Richard Gray,/ Jr: Robert H. West Dennis G. Punches Dr. Milo R. Novotny Susan Nottingham -5- 227 Duffy Avenue Hicksville, NY 11801 Douglas Dwyer P.O. Box 2052 Chris Ekrem Avon, Colorado 81620 '388777 U.S. Highway #6 Avon, Colorado 81620 388777 U.S. Highway #6 Avon, Colorado 81620 2911 East 73rd Place Tulsa, Oklahoma 74136 2910 East 68th Street Tulsa, Oklahoma 74136 8468 South College Tulsa, Oklahoma 74136 7214 South Urbana Tulsa, Oklahoma 74136 Suzanne Railton John Railton u. P 1 s A H PU Jam s E. Holliday William W. R'amsey,� f Barney/. Barnes, Jr. Mary Lodj Johnson STONEBRIDGE ASSOCIATES, an Oklahoma limited partnership By: Cjp*�' �4 Jam s E. Holliday r i P.O. Box Avon, Colorado 81620 Eagle County ) ss State of Colorado ) EAGLE RIVER TOWNHOUSE E AVV Tr) All TT I, Jeffery M. Spanel, the circulator of this Petition, swear and affirm that the signatures above are the signatures of the persons of which they purport to be. Dated this St day of March, 1986. ry 4M. Spanel Je -7- T� L� VV V - J1VLJ EXHIBIT A LEGAL DESCRIPTION 1- rlu L 1 V 1 L A parcel of land lying in the Southeast one - quarter (SE 1/4) of Section 12, T 5 S, R 82 W, and the Southwest one - quarter (SW 1/4) of Section 7, T 5 S, R 81 W, all of the 6th P.M., Eagle County, Colorado, and being more particularly described as follows: Beginning at the Northeast corner of the Final Plat of Eaglebend as recorded in the Eagle County Records; thence along the South right - of -way line of the Denver and Rio Grande Western Railroad the following five (5) courses (the first four courses also being along the North line of Eaglebend): 1) N 64 °22'00" W 2064.00 feet; 2) 578.05 feet along the arc of a curve to the left having a central angle of 00 °57'5311 and a radius of 34327.50 feet, the chord of which bears N 64 °50'57" W 578.05 feet 3) 390.54 feet along the arc of a curve to the left having a central angle of 00 °39'07" and a radius of 34327.50 feet, the chord of which bears N 65 °39'3711 W 390.54 feet; 4) N 65 °59'00" W 377.60 feet to the Northwest corner of Eaglebend, also being the Northeast corner of a parcel of land owned by Frank and Imogene Doll; 5) N 65 °59'0011 W 150.00 feet to the Northwest corner of said parcel owned by Frank and Imogene Doll, also being the Northeast corner of a parcel of land owned by Nottingham Associates, Inc.; thence along the East line of said parcel owned by Nottingham Associates, Inc., S 24 037'0011 W 372.80 feet to a point on the North line of a parcel of land owned by Eagle River Townhouse Associates, Ltd.; thence along the boundary of said parcel owned by Eagle River Townhouse Associates, Ltd., the following fifteen (15) courses: 1) S 37 022'08" E 4.43 feet; 2) S 25 °09'4611 W 67.91 feet; 3) S 65 °26'03" E 7.77 feet; 4) S 79 030'46" E 47.34 feet; 5) S 74 °00'15" E 102.53 feet to the Southwest corner of Eaglebend; 6) S 59 °39'3211 E 398.03 feet along the South line of Eaglebend; 7) S 61 026'30" E 300.36 feet along the South line of Eaglebend; 8) S 59 °23'49" E 307.99 feet along the South line of Eaglebend; 9) S 84 °14'40" E 54.42 feet along the South line of Eaglebend; 10) S 01 024'4611 E 35.00 feet along the South line of Eaglebend; 11) S 65 °00'10" E 9.38 feet along the South line of Eaglebend; 12) S 01 °48'20" E 125.87 feet to a point on the North right -of- way line of U.S. Highway No. 6; 13) N 63 °10'00" W 932.89 feet along said North right -of -way line; 14) N 57 027'0011 W 100.50 feet along said North right -of -way line; 15) N 63 010'00" W 492.65 feet along said North right -of -way line; thence S 26 °50'00" W 120.07 feet to the Northwest corner of the Final Plat of River Oaks Condominiums as recorded in the Eagle County Records; thence along the South right -of -way line of U.S. Highway No. 6 and the North line of River Oaks Condominiums, the following three (3) courses: 4/ L/ 250 V-D IOL5 PAGE 2of2 1) S 63 010'00" E 526.63 feet; 2) S 68 054'36" E 100.50 feet; 3) S 63 010'00" E 633.44 feet to a point on the boundary of the Final Plat of Eagle -Vail Filing No. 2 as recorded in the Eagle County Records; thence along the boundary of Eagle -Vail Filing No. 2 and the South right -of- way line of U.S. Highway No. 6, S 63 °10'00" E 267.69 feet; thence N 26 °50'00" E 100.00 feet to the Southwest corner of the Final Plat of White Water Condominiums Phase I as recorded in the Eagle County Records; thence along the West line of White Water Condominiums Phase I, N 03 °09'12" E 121.11 feet to the Northwest corner of said Plat and a point on the South line of Eaglebend; thence along the boundary line of Eaglebend the following twelve (12) courses: fl S 65 000'10" E 19.87 feet; S 73 000'41" E 27.24 feet; 3) N 83 029'18" E 409.37 feet; 4) S 86 °34'34" E 110.16 feet; fl S 62 021'14" E 260.77 feet; S 38 051'12" E 231.14 feet; 7) S 50 024'14" E 315.36 feet; 8) S 61 052'35" E 263.06 feet; 9) S 76 000'35" E 301.96 feet; 10) S 55 011'36" E 227.75 feet; 11) S 37 040'59" E 80.49 feet; 12) N 45 °53'00" E 503.74 feet to the Point of Beginning, containing 37.338 acres more or less. The bearings relate to the Final Plat of Eaglebend as recorded in the Eagle County Records. 4/2/86 V -512' EXHIBIT C Property owned by the Petitioners: Lots 1 through 12, and the common area of Stonebridge Phase I as recorded in the Eagle County Records containing 3.130 acres. Lots 1 through 56, 61 through 68, and Tract A, Block 1 or the Eaglebend Subdivision as recorded in the Eagle County Records con- taining 18.704 acres. Lots 2, 3, 4, 5, 7, 8, 10, 11, 12, 13, 14, 16, 17 and 18, Block 2, of the Eaglebend Subdivision as recorded in teh Eagle County Records containing 8.731 acres. TOWN OF AVON, COUNTY OF EAGLE, STATE OF COLORADO PETITION IN THE MATTER OF THE PROPOSED ANNEXATION OF UNINCORPORATED TERRITORY IN THE COUNTY OF EAGLE, STATE OF COLORADO, TO THE TOWN OF AVON, COLORADO (A parcel of land located in Section 12, T. 5 South, Range 82 West of the 6th P.M. and in Section 7, T. 5 South, Range 81 West of the 6th P.M., Eagle County, Colorado) TO THE HONORABLE TOWN COUNCIL OF THE TOWN OF AVON: The undersigned, as the owners of more than fifty percent (50 %) of the land in the area to be annexed, exclusive of streets and alleys, in accordance with the Colorado Municipal Annexation Act of 1965, as amended, hereby petition the Town Council of the Town of Avon, Colorado, to commence proceedings to annex to the Town of Avon certain unincorporated territory located in the County of Eagle, State of Colorado, legally described in Exhibit A attached hereto. In support of said pe- tition, the petitioners allege that: (1) The undersigned are the owners of more than fifty percent (50 %) of the land in the area proposed to be annexed, and are more than 50% of the landowners in the area proposed to be annexed, excluding public streets and alleys and any land owned by the Town of Avon. 1' (2) It is desirable and necessary that the above described territory be annexed to the Town of Avon; (3) Not less than one -sixth (1/6) of the perimeter of the area proposed to be annexed is contiguous with the Town of Avon; (4) A community of interest exists between the territory proposed to be annexed and the Town of Avon; (5) The territory to be annexed is urban and will be fur- ther urbanized in the near future; (6) The territory proposed to be annexed is integrated with or is capable of being integrated with the Town of Avon; (7) No land held in identical ownership has been divided into separate parts or parcels without the written consent of the landowners; (8) No land held in identical ownership comprising twenty (20) acres or more, with a valuation for assessment in excess of $200,000 for ad valorem tax purposes, has been included without written consent of the landowners; (9) No annexation resolution pursuant to Section 31 -12 -105, C.R.S. 1973, as amended, and no annexation petition or petition for an annexation election pursuant to Section 31 -12 -107, C.R.S. 1973, as amended, has been commenced for the -2- annexation of part or all of such territory to another existing municipality; (10) This proposed annexation will not result in the detachment of area from any school district; (11) A legal description of the land owned by the signer of this Petition is attached hereto as Exhibit C. (12) The mailing addresses of the signers of this petition and the date of signing is affixed to the petition; (13) Attached to this petition is the affidavit that the signatures hereon are the signatures of the persons whose name he or she purports to be; (14) Accompanying this petition are four prints of an annexation map identified as Exhibit B, containing the follow- ing information: (a) A written legal description of the boundaries of the area proposed to be annexed; (b) A map showing the boundary of the area proposed to be annexed; (c) A showing of the location of each ownership tract of land in the annexation area; -3- • lam, r`1. (d) Next to the boundary of the area proposed to be annexed is drawn the contiguous boundary of the Town of Avon; (e) The dimensions of the contiguous boundaries are shown on the map; (f) The map bears the certificate and seal of a reg- istered engineer or land surveyor and shows the dimensions by scale of the boundaries and the bearings of the boundaries of said area. (15) This Petition contains signature lines for 100% of the landowners of the area sought to be annexed, and may be executed in counterparts. Any number of executed counterparts which together shall have been executed by the owners of more than 507. of the area sought to be annexed, as well as by more than 50% of the landowners in the area sought to be annexed, exclusive of public streets and alleys and any land owned by the Town of Avon shall constitute one Petition. The Petitioners respectfully request hereby that the Town Council of the Town of Avon, Colorado, make a finding of sub- stantial compliance for this Petition and commence proceedings for a hearing hereon and approval of the annexation of the sub- ject territory. -4- r' DATED this 25th day of March, 1986. Address: P.O. Box 978 Avon, Colorado 81620 Two Turtle Creek Village A -12 Dallas, Texas 75219 8235 Douglas, #400 LB #32 Dallas, Texas 75225 4301 Purdue Dallas, Texas 75225 180 N. Executive Drive Brookfield, Wisconsin 53006 809 Glen Arden Way Altamonte Springs, Florida 32701 399389 U.S. Highway #6 Avon, Colorado 81620 EAGLEBEND, a Colorado general partnership By: rthur Kleinstein, partner David Whisenant, Trustee for Elizabeth Lindley Whisenant Trust II Richard Gray, Jr. Robert H. West Dennis G. Punches Dr. Milo R. Novotny Susan Nottingham -5- DATED this 25th day of March, 1986. Address: P.O. Box 978 Avon, Colorado 81620 Two Turtle Creek Village A -12 Dallas, Texas 75219 8235 Douglas, #400 LB #32 Dallas, Texas 75225 4301 Purdue Dallas, Texas 75225 180 N. Executive Drive Brookfield, Wisconsin 53006 809 Glen Arden Way Altamonte Springs, Florida 32701 399389 U.S. Highway #6 Avon, Colorado 81620 EAGLEBEND, a Colorado general partnership By: Arthur Kleinstein, partner David Whisenant, Trufstee for Elizabeth Lindley Whisenant Trust II Richard Gray, Jr. Robert H. West Dennis G. Punches Dr. Milo R. Novotny Susan Nottingham -5- DATED this 25th day of March, 1986. Address: P.O. Box 978 Avon, Colorado 81620 Two Turtle Creek Village A -12 Dallas, Texas 75219 8235 Douglas, #400 LB #32 Dallas, Texas 75225 Dallas, Texas 75225 180 N. Executive Drive Brookfield, Wisconsin 53006 809 Glen Arden Way Altamonte Springs, Florida 32701 EAGLEBEND, a Colorado general partnership By: Arthur Kleinstein, partner David Whisenant, Trustee for Elizabeth Lindley Whisenant Trust II Richard Gray, Jr. Robert H. West Dennis G. Punches Dr. Milo R. Novotny 399389 U.S. Highway #6 Susan Nottingham Avon, Colorado 81620 -5- I DATED this 25th day of March, 1986. Address: P.O. Box 978 Avon, Colorado 81620 Two Turtle Creek Village A -12 Dallas, Texas 75219 8235 Douglas, #400 LB #32 Dallas, Texas 75225 4301 Purdue Dallas Texas 75225 EAGLEBEND, a Colorado general partnership By: Arthur Kleinstein, partner David Whisenant, Trustee for Elizabeth Lindley Whisenant Trust II Richard Gray, Jr. Robert H. West sir✓_ 180 N. Executive Drive ennis G. Punches Brookfield, Wisconsin 53006 809 Glen Arden Way Altamonte Springs, Florida 32701 399389 U.S. Highway #6 Avon, Colorado 81620 Dr. Milo R. Novotny Susan Nottingham M= ' 1 r ^� DATED this 25th day of March, 1986. Address: P.O. Box 978 Avon, Colorado 81620 Two Turtle Creek Village A -12 Dallas, Texas 75219 8235 Douglas, #400 LB #32 Dallas, Texas 75225 4301 Purdue Dallas, Texas 75225 EAGLEBEND, a Colorado general partnership By: Arthur Kleinstein, partner Dav'd hisenant, Trustee for E riz eth Lindley /` isenant Trust II � Richard Gray,/ Jr: Robert H. West 180 N. Executive Drive Dennis G. Punches Brookfield, Wisconsin 53006 809 Glen Arden Way Altamonte Springs, Florida 32701 399389 U.S. Highway #6 Avon, Colorado 81620 Dr. Milo R. Novotny Susan Nottingham f•V 227 Duffy Avenue Hicksville, NY 11801 P.O. Box 2052 Avon, Colorado 81620 '388777 U.S. Highway #6 Avon, Colorado 81620 388777 U.S. Highway #6 Avon, Colorado 81620 2911 East 73rd Place Tulsa, Oklahoma 74136 2910 East 68th Street Tulsa, Oklahoma 74136 8468 South College Tulsa, Oklahoma 74136 7214 South Urbana Tulsa, Oklahoma 74136 Douglas Dwyer Chris Ekrem Suzanne Railton John Railton A� Jam4s E. Holliday William W. Ramsey," Barney/E'. Barnes, Jr. �ZZ1' Mary Lo Johnson( STONEBRIDGE ASSOCIATES, an Oklahoma limited partnership By: CIM94. �A Jam s E. Holliday M-M i P.O. Box btt:" Avon, Colorado 81620 EAGLE RIVER TOWNHOUSE E A77TnAT7TT Eagle County ) ss State of Colorado ) I, Jeffery M. Spanel, the circulator of this Petition, swear and affirm that the signatures above are the signatures of the persons of which they purport to be. Dated this : � day of March, 1986. 'Am Je ry M. Spanel -7- EXHIBIT A LEGAL DESCRIPTION A parcel of land lying in the Southeast one - quarter (SE 1/4) of Section 12, T 5 S, R 82 W, and the Southwest one - quarter (SW 1/4) of Section 7, T 5 S, R 81 W, all of the 6th P.M., Eagle County, Colorado, and being more particularly described as follows: Beginning at the Northeast corner of the Final Plat of Eaglebend as recorded in the Eagle County Records; thence along the South right - of -way line of the Denver and Rio Grande Western Railroad the follc'� 'ing five (5) courses (the first four courses also being along the North line of Eaglebend): 1) N 64 °22'00" W 2064.00 feet; 2) 578.05 feet along the arc of a curve to the left having a central angle of 00 °57'53" and a radius of 34327.50 feet, the chord of which bears N 64 °50'57" W 578.05 feet 3) 390.54 feet along the arc of a curve to the left having a central angle of 00 °39'07" and a radius of 34327.50 feet, the chord of which bears N 65 °39'37" W 390.54 feet; 4) N 65 059'00" W 377.60 feet to the Northwest corner of Eaglebend, also being the Northeast corner of a parcel of land owned by Frank and Imogene Doll; 5) N 65 059'00" W 150.00 feet to the Northwest corner of said parcel owned by Frank and Imogene Doll, also being the Northeast corner of a parcel of land owned by Nottingham Associates, Inc.; thence along the East line of said parcel owned by Nottingham Associates, Inc., S 24 037'00" W 372.80 feet to a point on the North line of a parcel of land owned by Eagle River Townhouse Associates, Ltd.; thence along the boundary of said parcel owned by Eagle River Townhouse Associates, Ltd., the following fifteen (15) courses: 1) S 37 022'08" E 4.43 feet; 2) S 25 009'46" W 67.91 feet; 3) S 65 026'03" E 7.77 feet; 4) S 79 030'46" E 47.34 feet; 5) S 74 °00'15" E 102.53 feet to the Southwest corner of Eaglebend; 6) S 59 039'32" E 398.03 feet along the South line of Eaglebend; 7) S 61 026'30" E 300.36 feet along the South line of Eaglebend; 8) S 59 °23'49" E 307.99 feet along the South line of Eaglebend; 9) S 84 014'40" E 54.42 feet along the South line of Eaglebend; 10) S 01 024'46" E 35.00 feet along the South line of Eaglebend; 11) S 65 000'10" E 9.38 feet along the South line of Eaglebend; 12) S 01 °48'20" E 125.87 feet to a point on the North right -of- way line of U.S. Highway No. 6; 13) N 63 010'00" W 932.89 feet along said North right -of -way line; 14 N 57 027'00" W 100.50 feet along said North right -of -way line; 15) N 63 010'00" W 492.65 feet along said North right -of -way line; thence S 26 050'00" W 120.07 feet to the Northwest corner of the Final Plat of River Oaks Condominiums as recorded in the Eagle County Records; thence along the South right -of -way line of U.S. Highway No. 6 and the North line of River Oaks Condominiums, the following three (3) courses: 4/2/86 V -5182S PAGE 2 of 2 1) S 63 010'00" E 526.63 feet; 2) S 68 °54'36" E 100.50 feet; 3) S 63 °10'00" E 633.44 feet to a point on the boundary of the Final Plat of Eagle -Vail Filing No. 2 as recorded in the Eagle County Records; thence along the boundary of Eagle -Vail Filing No. 2 and the South right -of- way line of U.S. Highway No. 6, S 63 °10'00" E 267.69 feet; thence N 26 °50'00" E 100.00 feet to the Southwest corner of the Final Plat of White Water Condominiums Phase I as recorded in the Eagle County Records; thence along the West line of White Water Condominiums Phase I, N 03 009'12" E 121.11 feet to the Northwest corner of said Plat and a point on the South line of Eaglebend; thence along the boundary line of Eaglebend the following twelve (12) courses: 1) S 65 000'10" E 19.87 feet; 2) S 73 000'41" E 27.24 feet; 3) N 83 029'18" E 409.37 feet; 4) S 86 034'34" E 110.16 feet; fl S 62 021'14" E 260.77 feet; S 38 051'12" E 231.14 feet; 7) S 50 024'14" E 315.36 feet; 8) S 61 052'35" E 263.06 feet; 9) S 76 000'35" E 301.96 feet; 10) S 55 011'36" E 227.75 feet; 11) S 37 040'59" E 80.49 feet; 12) N 45 °53'00" E 503.74 feet to the Point of Beginning, containing 37.338 acres more or less. The bearings relate to the Final Plat of Eaglebend as recorded in the Eagle County Records. c ' 4/2/86 V- 518r -,, EXHIBIT C Property owned by the Petitioners: Lots 1 through 12, and the common area of Stonebridge Phase I as recorded in the Eagle County Records containing 3.130 acres. Lots 1 through 56, 61 through 68, and Tract A, Block 1 or the Eaglebend Subdivision as recorded in the Eagle County Records con- taining 18.704 acres. Lots 2, 3, 4, 5, 7, 8, 10, 11, 12, 13, 14, 16, 17 and 18, Block 2, of the Eaglebend Subdivision as recorded in teh Eagle County Records containing 8.731 acres. TOWN OF AVON, COUNTY OF EAGLE, STATE OF COLORADO PETITION IN THE MATTER OF THE PROPOSED ANNEXATION OF UNINCORPORATED TERRITORY IN THE COUNTY OF EAGLE, STATE OF COLORADO, TO THE TOWN OF AVON, COLORADO (A parcel of land located in Section 12, T. 5 South, Range 82 West of the 6th P.M. and in Section 7, T. 5 South, Range 81 West of the 6th P.M., Eagle County, Colorado) TO THE HONORABLE TOWN COUNCIL OF THE TOWN OF AVON: The undersigned, as the owners of more than fifty percent (50 %) of the land in the area to be annexed, exclusive of streets and alleys, in accordance with the Colorado Municipal Annexation Act of 1965, as amended, hereby petition the Town Council of the Town of Avon, Colorado, to commence proceedings to annex to the Town of Avon certain unincorporated territory located in the County of Eagle, State of Colorado, legally described in Exhibit A attached hereto. In support of said pe- tition, the petitioners allege that: (1) The undersigned are the owners of more than fifty percent (50 %) of the land in the area proposed to be annexed, and are more than 50% of the landowners in the area proposed to be annexed, excluding public streets and alleys and any land owned by the Town of Avon. 0 (2) It is desirable and necessary that the above described territory be annexed to the Town of Avon; (3) Not less than one -sixth (1/6) of the perimeter of the area proposed to be annexed is contiguous with the Town of Avon; (4) A community of interest exists between the territory proposed to be annexed and the Town of Avon; (5) The territory to be annexed is urban and will be fur- ther urbanized in the near future; (6) The territory proposed to be annexed is integrated with or is capable of being integrated with the Town of Avon; (7) No land held in identical ownership has been divided into separate parts or parcels without the written consent of the landowners; (8) No land held in identical ownership comprising twenty (20) acres or more, with a valuation for assessment in excess of $200,000 for ad valorem tax purposes, has been included without written consent of the landowners; (9) No annexation resolution pursuant to Section 31 -12 -105, C.R.S. 1973, as amended, and no annexation petition or petition for an annexation election pursuant to Section 31 -12 -107, C.R.S. 1973, as amended, has been commenced for the -2- annexation of part or all of such territory to another existing municipality; (10) This proposed annexation will not result in the detachment of area from any school district; (11) A legal description of the land owned by the signer of this Petition is attached hereto as Exhibit C. (12) The mailing addresses of the signers of this petition and the date of signing is affixed to the - petition; (13) Attached to this petition is the affidavit that the signatures hereon are the signatures of the persons whose name he or she purports to be; (14) Accompanying this petition are four prints of an annexation map identified as Exhibit B, containing the follow- ing information: (a) A written legal description of the boundaries of the area proposed to be annexed; (b) A map showing the boundary of the area proposed to be annexed; (c) A showing of the location of each ownership tract of land in the annexation area; -3- (d) Next to the boundary of the area proposed to be annexed is drawn the contiguous boundary of the Town of Avon; (e) The dimensions of the contiguous boundaries are shown on the map; (f) The map bears the certificate and seal of a reg- istered engineer or land surveyor and shows the dimensions by scale of the boundaries and the bearings of the boundaries of said area. (15) This Petition contains signature lines for 100% of the landowners of the area sought to be annexed, and may be executed in counterparts. Any number of executed counterparts which together shall have been executed by the owners of more than 50% of the area sought to be annexed, as well as by more than 50% of the landowners in the area sought to be annexed, exclusive of public streets and alleys and any land owned by the Town of Avon shall constitute one Petition. The Petitioners respectfully request hereby that the Town Council of the Town of Avon, Colorado, make a finding of sub- stantial compliance for this Petition and commence proceedings for a hearing hereon and approval of the annexation of the sub- ject territory. == f DATED this 25th day of March, 1986. Address: P.O. Box 978 Avon, Colorado 81620 Two Turtle Creek Village A -12 Dallas, Texas 75219 8235 Douglas, #400 LB #32 Dallas, Texas 75225 4301 Purdue Dallas, Texas 75225 EAGLEBEND, a Colorado general partnership By: r Kleinstein, partner David Whisenant, Trustee for Elizabeth Lindley Whisenant Trust II Richard Gray, Jr. rt H. West 180 N. Executive Drive Dennis G. Punches Brookfield, Wisconsin 53006 809 Glen Arden Way Dr. Milo R. Novotny Altamonte Springs, Florida 32701 399389 U.S. Highway #6 Susan Nottingham Avon, Colorado 81620 -5- DATED this 25th day of March, 1986. Address: P.O. Box 978 Avon, Colorado 81620 EAGLEBEND, a Colorado general partnership By: Arthur Kleinstein, partner Two Turtle Creek Village David Whisenant, Trufjtee for A -12 Elizabeth Lindley Whisenant Trust II Dallas, Texas 75219 8235 Douglas, #400 Richard Gray, Jr. LB #32 Dallas, Texas 75225 4301 Purdue Robert H. West Dallas, Texas 75225 180 N. Executive Drive Brookfield, Wisconsin 53006 809 Glen Arden Way Altamonte Springs, Florida 32701 Dennis G. Punches Dr. Milo R. Novotny 399389 U.S. Highway #6 Susan Nottingham Avon, Colorado 81620 -5- DATED this 25th day of March, 1986. Address: P.O. Box 978 Avon, Colorado 81620 Two Turtle Creek Village A -12 Dallas, Texas 75219 8235 Douglas, #400 LB #32 Dallas, Texas 75225 j7'2,5- V,11 a ho vI,:X- --49 Dallas, Texas 75225 180 N. Executive Drive Brookfield, Wisconsin 53006 EAGLEBEND, a Colorado general partnership By: Arthur Kleinstein, partner David Whisenant, Trustee for Elizabeth Lindley Whisenant Trust II Richard Gray, Jr. f Robert H. West Dennis G. Punches 809 Glen Arden Way Dr. Milo R. Novotny Altamonte Springs, Florida 32701 399389 U.S. Highway #6 Susan Nottingham Avon, Colorado 81620 -5- fi DATED this 25th day of March, 1986. Address: P.O. Box 978 Avon, Colorado 81620 Two Turtle Creek Village A -12 Dallas, Texas 75219 8235 Douglas, #400 LB #32 Dallas, Texas 75225 EAGLEBEND, a Colorado general partnership By: Arthur Kleinstein, partner David Whisenant, Trustee for Elizabeth Lindley Whisenant Trust II Richard Gray, Jr. 4301 Purdue Robert H. West Dallas, Texas 75225 180 N. Executive Drive ennis G. Punches Brookfield, Wisconsin 53006 809 Glen Arden Way Dr. Milo R. Novotny Altamonte Springs, Florida 32701 399389 U.S. Highway #6 Avon, Colorado 81620 Susan Nottingham -5- DATED this 25th day of March, 1986. Address: P.O. Box 978 Avon, Colorado 81620 Two Turtle Creek Village A -12 Dallas, Texas 75219 8235 Douglas, #400 LB #32 Dallas, Texas 75225 4301 Purdue Dallas, Texas 75225 180 N. Executive Drive Brookfield, Wisconsin 53006 EAGLEBEND, a Colorado general partnership By: Arthur Kleinstein, partner Dav'd hisenant, Trustee for E iz eth Lindley isenant Trust II Richard Gray,/ Jr. Robert H. West Dennis G. Punches 809 Glen Arden Way Dr. Milo R. Novotny Altamonte Springs, Florida 32701 399389 U.S. Highway #6 Susan Nottingham Avon, Colorado 81620 -5- 227 Duffy Avenue Hicksville, NY 11801 P.O. Box 2052 Avon, Colorado 81620 '388777 U.S. Highway #6 Avon, Colorado 81620 388777 U.S. Highway #6 Avon, Colorado 81620 2911 East 73rd Place Tulsa, Oklahoma 74136 2910 East 68th Street Tulsa, Oklahoma 74136 8468 South College Tulsa, Oklahoma 74136 7214 South Urbana Tulsa, Oklahoma 74136 Douglas Dwyer Chris Ekrem Suzanne Railton John Railton P 1.,s A H 1' a Jam As E. Holliday William W. Ramsey""- Barney/E'. Barnes, Jr. Mary LoiV Johnso STONEBRIDGE ASSOCIATES, an Oklahoma limited partnership By:. �. Jam 4s E. Holliday i P.O. Box 5ttD7' Avon, Colorado 81620 N Eagle County ) State of Colorado ) ss EAGLE RIVER TOWNHOUSE E AFF Tr) ACTTT' 05- E H�� o .1 I, Jeffery M. Spanel, the circulator of this Petition, swear and affirm that the signatures above are the signatures of the persons of which they purport to be. s Dated this day of March, 1986. Q �z J ry M. Spanel -7- EXHIBIT A LEGAL DESCRIPTION A parcel of land lying in the Southeast one - quarter (SE 1/4) of Section 12, T 5 S, R 82 W, and the Southwest one - quarter (SW 1/4) of Section 7, T 5 S, R 81 W, all of the 6th P.M., Eagle County, Colorado, and being more particularly described as follows: Beginning at the Northeast corner of the Final Plat of Eaglebend as recorded in the Eagle County Records; thence along the South right - of -way line of the Denver and Rio Grande Western Railroad the follr•.,ing five (5) courses (the first four courses also being along the North line of Eaglebend): 1) N 64 °22'00" W 2064.00 feet; 2) 578.05 feet along the arc of a curve to the left having a central angle of 00 °57'53" and a radius of 34327.50 feet, the chord of which bears N 64 °50'57" W 578.05 feet 3) 390.54 feet along the arc of a curve to the left having a central angle of 00 °39'07" and a radius of 34327.50 feet, the chord of which bears N 65 °39'37" W 390.54 feet; 4) N 65 059'00" W 377.60 feet to the Northwest corner of Eaglebend, also being the Northeast corner of a parcel of land owned by Frank and Imogene Doll; 5) N 65 059'00" W 150.00 feet to the Northwest corner of said parcel owned by Frank and Imogene Doll, also being the Northeast corner of a parcel of land owned by Nottingham Associates, Inc.; thence along the East line of said parcel owned by Nottingham Associates, Inc., S 24 °37'00" W 372.80 feet to a point on the North line of a parcel of land owned by Eagle River Townhouse Associates, Ltd.; thence along the boundary of said parcel owned by Eagle River Townhouse Associates, Ltd., the following fifteen (15) courses: 1) S 37 022'08" E 4.43 feet; 2) S 25 °09'46" W 67.91 feet; 3) S 65 °26'03" E 7.77 feet; 4) S 79 °30'46" E 47.34 feet; 5) S 74 °00'15" E 102.53 feet to the Southwest corner of Eaglebend; 6) S 59 °39'32" E 398.03 feet along the South line of Eaglebend; 7) S 61 026'30" E 300.36 feet along the South line of Eaglebend; 8) S 59 °23'49" E 307.99 feet along the South line of Eaglebend; 9) S 84 °14'40" E 54.42 feet along the South line of Eaglebend; 10) S 01 °24'46" E 35.00 feet along the South line of Eaglebend; 11) S 65 °00'10" E 9.38 feet along the South line of Eaglebend; 12) S 01 048'20" E 125.87 feet to a point on the North right -of- way line of U.S. Highway No. 6; 13) N 63 010'00" W 932.89 feet along said North right -of -way line; 14 N 57 027'00" W 100.50 feet along said North right -of -way line; 15) N 63 010'00" W 492.65 feet along said North right -of -way line; thence S 26 050'00" W 120.07 feet to the Northwest corner of the Final Plat of River Oaks Condominiums as recorded in the Eagle County Records; thence along the South right -of -way line of U.S. Highway No. 6 and the North line of River Oaks Condominiums, the following three (3) courses: 4/2/86 V -51825 PAGE 2 of 2 1) S 63 010'00" E 526.63 feet; 2) S 68 054'36" E 100.50 feet; 3) S 63 010'00" E 633.44 feet to a point on the boundary of the Final Plat of Eagle -Vail Filing No. 2 as recorded in the Eagle County Records; thence along the boundary of Eagle -Vail Filing No. 2 and the South right -of- way line of U.S. Highway No. 6, S 63 010'00" E 267.69 feet; thence N 26 050'00" E 100.00 feet to the Southwest corner of the Final Plat of White Water Condominiums Phase I as recorded in the Eagle County Records; thence along the West line of White Water Condominiums Phase I, N 03 °09'12" E 121.11 feet to the Northwest corner of said Plat and a point on the South line of Ea lebend; thence along the boundary line of Eaglebend the following twelve (12� courses: 1) S 65 000'10" E 19.87 feet; 2) S 73 000'41" E 27.24 feet; 3) N 83 029'18" E 409.37 feet; 4) S 86 034'34" E 110.16 feet; 5) S 62 021'14" E 260.77 feet; 6) S 38 051'12" E 231.14 feet; 7) S 50 024'14" E 315.36 feet; 8) S 61 052'35" E 263.06 feet; 9) S 76 000'35" E 301.96 feet; 10) S 55 °11'36" E 227.75 feet; 11) S 37 040'59" E 80.49 feet; 12) N 45 °53'00" E 503.74 feet to the Point of Beginning, containing 37.338 acres more or less. The bearings relate to the Final Plat of Eaglebend as recorded in the Eagle County Records. - i 4/2/86 V -518 ?c EXHIBIT C Property owned by the Petitioners: Lots 1 through 12, and the common area of Stonebridge Phase I as recorded in the Eagle County Records containing 3.130 acres. Lots 1 through 56, 61 through 68, and Tract A, Block 1 or the Eaglebend Subdivision as recorded in the Eagle County Records con- taining 18.704 acres. Lots 2, 3, 4, 5, 7, 8, 10, 11, 12, 13, 14, 16, 17 and 18, Block 2, of the Eaglebend Subdivision as recorded in teh Eagle County Records containing 8.731 acres. Ak- TOWN OF AVON, COUNTY OF EAGLE, STATE OF COLORADO PETITION IN THE MATTER OF THE PROPOSED ANNEXATION OF UNINCORPORATED TERRITORY IN THE COUNTY OF EAGLE, STATE OF COLORADO, TO THE TOWN OF AVON, COLORADO (A parcel of land located in Section 12, T. 5 South, Range 82 West of the 6th P.M. and in Section 7, T. 5 South, Range 81 West of the 6th P.M., Eagle County, Colorado) TO THE HONORABLE TOWN COUNCIL OF THE TOWN OF AVON: The undersigned, as the owners of more than fifty percent (50 %) of the land in the area to be annexed, exclusive of streets and alleys, in accordance with the Colorado Municipal Annexation Act of 1965, as amended, hereby petition the Town Council of the Town of Avon, Colorado, to commence proceedings to annex to the Town of Avon certain unincorporated territory located in the County of Eagle, State of Colorado, legally described in Exhibit A attached hereto. In support of said pe- tition, the petitioners allege that: (1) The undersigned are the owners of more than fifty percent (50 %) of the land in the area proposed to be annexed, and are more than 50% of the landowners in the area proposed to be annexed, excluding public streets and alleys and any land owned by the Town of Avon. (2) It is desirable and necessary that the above described territory be annexed to the Town of Avon; (3) Not less than one -sixth (1/6) of the perimeter of the area proposed to be annexed is contiguous with the Town of Avon; (4) A community of interest exists between the territory proposed to be annexed and the Town of Avon; (5) The territory to be annexed is urban and will be fur- ther urbanized in the near future; (6) The territory proposed to be annexed is integrated with or is capable of being integrated with the Town of Avon; (7) No land held in identical ownership has been divided into separate parts or parcels without the written consent of the landowners; (8) No land held in identical ownership comprising twenty (20) acres or more, with a valuation for assessment in excess of $200,000 for ad valorem tax purposes, has been included without written consent of the landowners; (9) No annexation resolution pursuant to Section 31 -12 -105, C.R.S. 1973, as amended, and no annexation petition or petition for an annexation election pursuant to Section 31 -12 -107, C.R.S. 1973, as amended, has been commenced for the -2- annexation of part or all of such territory to another existing municipality; (10) This proposed annexation will not result in the detachment of area from any school district; (11) A legal description of the land owned by the signer of this Petition is attached hereto as Exhibit C. (12) The mailing addresses of the signers of this petition and the date of signing is affixed to the petition; (13) Attached to this petition is the affidavit that the signatures hereon are the signatures of the persons whose name he or she purports to be; (14) Accompanying this petition are four prints of an annexation map identified as Exhibit B, containing the follow- ing information: (a) A written legal description of the boundaries of the area proposed to be annexed; (b) A map showing the boundary of the area proposed to be annexed; (c) A showing of the location of each ownership tract of land in the annexation area; -3- (d) Next to the boundary of the area proposed to be annexed is drawn the contiguous boundary of the Town of Avon; (e) The dimensions of the contiguous boundaries are shown on the map; (f) The map bears the certificate and seal of a reg- istered engineer or land surveyor and shows the dimensions by scale of the boundaries and the bearings of the boundaries of said area. (15) This Petition contains signature lines for 100% of the landowners of the area sought to be annexed, and may be executed in counterparts. Any number of executed counterparts which together shall have been executed by the owners of more than 50% of the area sought to be annexed, as well as by more than 50% of the landowners in the area sought to be annexed, exclusive of public streets and alleys and any land owned by the Town of Avon shall constitute one Petition. The Petitioners respectfully request hereby that the Town Council of the Town of Avon, Colorado, make a finding of sub- stantial compliance for this Petition and commence proceedings for a hearing hereon and approval of the annexation of the sub- ject territory. IM DATED this 25th day of March, 1986. Address: P.O. Box 978 Avon, Colorado 81620 Two Turtle Creek Village A -12 Dallas, Texas 75219 8235 Douglas, #400 LB #32 Dallas, Texas 75225 4301 Purdue Dallas, Texas 75225 EAGLEBEND, a Colorado general partnership By: ur Kleinstein, partner David Whisenant, Trustee for Elizabeth Lindley Whisenant Trust II Richard Gray, Jr. Robert H. West 180 N. Executive Drive Dennis G. Punches Brookfield, Wisconsin 53006 809 Glen Arden Way Dr. Milo R. Novotny Altamonte Springs, Florida 32701 399389 U.S. Highway #6 Susan Nottingham Avon, Colorado 81620 Q•IM DATED this 25th day of March, 1986. Address: P.O. Box 978 Avon, Colorado 81620 Two Turtle Creek Village A -12 Dallas, Texas 75219 8235 Douglas, #400 LB #32 Dallas, Texas 75225 4301 Purdue Dallas, Texas 75225 180 N. Executive Drive Brookfield, Wisconsin 53006 809 Glen Arden Way Altamonte Springs, Florida 32701 399389 U.S. Highway #6 Avon, Colorado 81620 EAGLEBEND, a Colorado general partnership By: Arthur Kleinstein, partner ,,,, ( U,-, --r. --(" - ��- David Whisenant, Tru tee for Elizabeth Lindley Whisenant Trust II Richard Gray, Jr. Robert H. West Dennis G. Punches Dr. Milo R. Novotny Susan Nottingham -5- DATED this 25th day of March, 1986. Address: P.O. Box 978 Avon, Colorado 81620 Two Turtle Creek Village A -12 Dallas, Texas 75219 8235 Douglas, #400 LB #32 Dallas, Texas 75225 :v vT - -rte Dallas, Texas 75225 EAGLEBEND, a Colorado general partnership By: Arthur Kleinstein, partner David Whisenant, Trustee for Elizabeth Lindley Whisenant Trust II Richard Gray, Jr. :74 Robert H. West 180 N. Executive Drive Dennis G. Punches Brookfield, Wisconsin 53006 809 Glen Arden Way Dr. Milo R. Novotny Altamonte Springs, Florida 32701 399389 U.S. Highway #6 Susan Nottingham Avon, Colorado 81620 -5- DATED this 25th day of March, 1986. Address: P.O. Box 978 Avon, Colorado 81620 Two Turtle Creek Village A -12 Dallas, Texas 75219 8235 Douglas, #400 LB #32 Dallas, Texas 75225 EAGLEBEND, a Colorado general partnership By: Arthur Kleinstein, partner David Whisenant, Trustee for Elizabeth Lindley Whisenant Trust II Richard Gray, Jr. 4301 Purdue Robert H. West Dallas, Texas 75225 180 N. Executive Drive ennis G. Punches Brookfield, Wisconsin 53006 809 Glen Arden Way Altamonte Springs, Florida 32701 399389 U.S. Highway #6 Avon, Colorado 81620 Dr. Milo R. Novotny Susan Nottingham -5- r� DATED this 25th day of March, 1986. Address: P.O. Box 978 Avon, Colorado 81620 Two Turtle Creek Village A -12 Dallas, Texas 75219 8235 Douglas, #400 LB #32 Dallas, Texas 75225 4301 Purdue Dallas, Texas 75225 180 N. Executive Drive Brookfield, Wisconsin 53006 809 Glen Arden Way Altamonte Springs, Florida 32701 399389 U.S. Highway #6 Avon, Colorado 81620 'I -,, EAGLEBEND, a Colorado general partnership By: Arthur Kleinstein, partner Dav'd isenant, Trustee for E iz eth Lindley isenant Trust II Richard Gray,/ Jr: Robert H. West Dennis G. Punches Dr. Milo R. Novotny Susan Nottingham -5- 227 Duffy Avenue Hicksville, NY 11801 P.O. Box 2052 Avon, Colorado 81620 388777 U.S. Highway #6 Avon, Colorado 81620 388777 U.S. Highway #6 Avon, Colorado 81620 2911 East 73rd Place Tulsa, Oklahoma 74136 2910 East 68th Street Tulsa, Oklahoma 74136 8468 South College Tulsa, Oklahoma 74136 7214 South Urbana Tulsa, Oklahoma 74136 Douglas Dwyer Chris Ekrem Suzanne Railton John Railton /J �I P ,tyyq li /s A', H, Jlk f ayr �% JamAs E. Holliday William W. Ramsey Barney/r- Barnes, Jr. �1 ILI Mary Louj Johnso STONEBRIDGE ASSOCIATES, an Oklahoma limited partnership By: �• g4l Jam 6s E. Holliday P.O. Box 6050 Avon, Colorado 81620 Frank Doll mogene uo Eagle County ) ss State of Colorado ) EAGLE RIVER TOWNHOUSE E -.• � .. •ter L'Pr TT) M7T'P I, Jeffery M. Spanel, the circulator of this Petition, swear and affirm that the signatures above are the signatures of the persons of which they purport to be. 57 Dated this Si day of March, 1986. Je ry M. Spanel -7- 4/2/86 V -5182S EXHIBIT A LEGAL DESCRIPTION PAGE 1 of 2 A parcel of land lying in the Southeast one - quarter (SE 1/4) of Section 12, T 5 S, R 82 W, and the Southwest one - quarter (SW 1/4) of Section 7, T 5 S, R 81 W, all of the 6th P.M., Eagle County, Colorado, and being more particularly described as follows: Beginning at the Northeast corner of the Final Plat of Eaglebend as recorded in the Eagle County Records; thence along the South right - of -way line of the Denver and Rio Grande Western Railroad the following five (5) courses (the first four courses also being along the North line of Eaglebend): 1) N 64 °22'00" W 2064.00 feet; 2) 578.05 feet along the arc of a curve to the left having a central angle of 00 °57'53" and a radius of 34327.50 feet, the chord of which bears N 64 °50'57" W 578.05 feet 3) 390.54 feet along the arc of a curve to the left having a central angle of 00 °39'07" and a radius of 34327.50 feet, the chord of which bears N 65 039'37" W 390.54 feet; 4) N 65 059'00" W 377.60 feet to the Northwest corner of Eaglebend, also being the Northeast corner of a parcel of land owned by Frank and Imogene Doll; 5) N 65 °59'00" W 150.00 feet to the Northwest corner of said parcel owned by Frank and Imogene Doll, also being the Northeast corner of a parcel of land owned by Nottingham Associates, Inc.; thence along the East line of said parcel owned by Nottingham Associates, Inc., S 24 037'00" W 372.80 feet to a point on the North line of a parcel of land owned by Eagle River Townhouse Associates, Ltd.; thence along the boundary of said parcel owned by Eagle River Townhouse Associates, Ltd., the following fifteen (15) courses: 1) S 37 °22'08" E 4.43 feet; 2) S 25 °09'46" W 67.91 feet; 3) S 65 026'03" E 7.77 feet; 4) S 79 °30'46" E 47.34 feet; 5) S 74 °00'15" E 102.53 feet to the Southwest corner of Eaglebend; 6) S 59 039'32" E 398.03 feet along the South line of Eaglebend; 7) S 61 026'30" E 300.36 feet along the South line of Eaglebend; 8) S 59 023'49" E 307.99 feet along the South line of Eaglebend; 9) S 84 014'40" E 54.42 feet along the South line of Eaglebend; 10) S 01 024'46" E 35.00 feet along the South line of Eaglebend; 11) S 65 000'10" E 9.38 feet along the South line of Eaglebend; 12) S 01 048'20" E 125.87 feet to a point on the North right -of- way line of U.S. Highway No. 6; 13 N 63 010'00" W 932.89 feet along said North right -of -way line; 14 N 57 027'00" W 100.50 feet along said North right -of -way line; 15) N 63 010'00" W 492.65 feet along said North right -of -way line; thence S 26 °50'00" W 120.07 feet to the Northwest corner of the Final Plat of River Oaks Condominiums as recorded in the Eagle County Records; thence along the South right -of -way line of U.S. Highway No. 6 and the North line of River Oaks Condominiums, the following three (3) courses: 4/2/86 V -5182S PAGE 2 of 2 1) S 63 010'00" E 526.63 feet; 2) S 68 054'36" E 100.50 feet; 3) S 63 010'00" E 633.44 feet to a point on the boundary of the Final Plat of Eagle -Vail Filing No. 2 as recorded in the Eagle County Records; thence along the boundary of Eagle -Vail Filing No. 2 and the South right -of- way line of U.S. Highway No. 6, S 63 010'00" E 267.69 feet; thence N 26 050100" E 100.00 feet to the Southwest corner of the Final Plat of White Water Condominiums Phase I as recorded in the Eagle County Records; thence along the West line of White Water Condominiums Phase I, N 03 °09'12" E 121.11 feet to the Northwest corner of said Plat and a point on the South line of Eaglebend; thence along the boundary line of Eaglebend the following twelve (12) courses: fl 1 S 65 000'10" 2 S 73 000'41" 3) N 83 029'18" 4) S 86 °34'34" fl 5 S 62 021'14" 6 S 38 051'12" 7) S 50 024'14" 8) S 61 052'35" 9) S 76 000'35" 10) S 55 011'36" 11) S 37 040'59" 12) N 45 053'00" 37.338 acres more o E 19.87 feet; E 27.24 feet; E 409.37 feet; E 110.16 feet; E 260.77 feet; E 231.14 feet; E 315.36 feet; E 263.06 feet; E 301.96 feet; E 227.75 feet; E 80.49 feet; E 503.74 feet r less. to the Point of Beginning, containing The bearings relate to the Final Plat of Eaglebend as recorded in the Eagle County Records. 4/2/86 V -5182S EXHIBIT C Property owned by the Petitioners: Lots 1 through 12, and the common area of Stonebridge Phase I as recorded in the Eagle County Records containing 3.130 acres. Lots 1 through 56, 61 through 68, and Tract A, Block 1 or the Eaglebend Subdivision as recorded in the Eagle County Records con- taining 18.704 acres. Lots 2, 3, 4, 5, 7, 8, 10, 11, 12, 13, 14, 16, 17 and 18, Block 2, of the Eaglebend Subdivision as recorded in teh Eagle County Records containing 8.731 acres. T S TOWN OF AVON, COUNTY OF EAGLE, STATE OF COLORADO PETITION IN THE MATTER OF THE PROPOSED ANNEXATION OF UNINCORPORATED TERRITORY IN THE COUNTY OF EAGLE, STATE OF COLORADO, TO THE TOWN OF AVON, COLORADO (A parcel of land located in Section 12, T. 5 South, Range 82 West of the 6th P.M. and in Section 7, T. 5 South, Range 81 West of the 6th P.M., Eagle County, Colorado) TO THE HONORABLE TOWN COUNCIL OF THE TOWN OF AVON: The undersigned, as the owner of more than fifty percent (50%) of the land in the area to be annexed, exclusive of streets and alleys, in accordance with the Colorado Municipal Annexation Act of 1965, as amended, hereby petition the Town Council of the Town of Avon, Colorado, to commence proceedings to annex to the Town of Avon certain unincorporated territory located in the County of Eagle, State of Colorado, legally described in Exhibit A attached hereto. In support of said pe- tition, the petitioners allege that: (1) The undersigned is the owner of more than fifty per- cent (50%) of the land in the area proposed to be annexed, excluding streets and alleys, owning the property identified in the annexation map attached hereto as Exhibit B; (2) It is desirable and necessary that the above described territory be annexed to the Town of Avon; (3) Not less than one -sixth (1/6) of the perimeter of the area proposed to be annexed is contiguous with the Town of Avon; (4) A community of interest exists between the territory proposed to be annexed and the Town of Avon; (5) The territory to be annexed is urban and will be fur- ther urbanized in the near future; (6) The territory proposed to be annexed is integrated with or is capable of being integrated with the Town of Avon; (7) No land held in identical ownership has been divided into separate parts or parcels without the written consent of the landowners; f I (8) No land held in identical ownership comprising twenty (20) acres or more, with a valuation for assessment in excess of $200,000 for ad valorem tax purposes, has been included without written consent of the landowners; (9) No annexation resolution pursuant to Section 31 -12 -105, C.R.S. 1973, as amended, and no annexation petition or petition for an annexation election pursuant to Section 31 -12 -107, C.R.S. 1973, as amended, has been commenced for the annexation of part or all of such territory to another existing municipality; (10) This proposed annexation will not result in the detachment of area from any school district; (11) A legal description of the land owned by the signer of this Petition is attached hereto as Exhibit C. (12) The mailing addresses of the signers of this petition and the date of signing is affixed to the petition; (13) Attached to this petition is the affidavit that the signatures hereon are the signatures of the persons whose name he or she purports to be; (14) Accompanying this petition are four prints of an annexation map identified as Exhibit B, containing the follow- ing information: (a) A written legal description of the boundaries of the area proposed to be annexed; (b) A map showing the boundary of the area proposed to be annexed; (c) A showing of the location of each ownership tract of land in the annexation area; (d) Next to the boundary of the area proposed to be annexed is drawn the contiguous boundary of the Town of Avon; (e) The dimensions of the contiguous boundaries are shown on the map; (f) The map bears the certificate and seal of a reg- istered engineer or land surveyor and shows the dimensions by scale of the boundaries and the bearings of the boundaries of said area. The Petitioners respectfully request hereby that the Town Council of the Town of Avon, Colorado, make a finding of -2- rte., substantial compliance for this Petition and commence proceed- ings for a hearing hereon and approval of the annexation of the subject territory. DATED this 9 day of January, 1986. EAGLEBEND, a Colorado general partnership By: r Arthur Kleinstein, partner i10-A- MMAT -IU M Eagle County } ss State of Colorado ) I, Jeffery M. Spanel, the circulator of this Petition, swear and affirm that the signature above is the signature of Arthur Kleinstein, as it purports to be. Dated this 'S&_ day of -3- EXHIBIT A LEGAL DESCRIPTION: Vlp A parcel of land lying in the South one -half of the Northeast one - quarter and the North one -half of the Southeast one - quarter of Section 12, Township 5 South, Range 82 West, and the Southwest one - quarter of Section 7, Township 5 North, Range 81 West, all of the Sixth Principal Meridian, Eagle County, Colorado, and being more particularly described as follows: Beginning at the Southeast corner of Lot 22, Block 2, Benchmark at Beaver Creek, as recorded in the Eagle County Records; thence S 24 °01'00 W 100.00 feet to a point on the South right -of -way line of the Denver and Rio Grande Western Railroad; thence along said South right -of -way line S 65 059'00" E 827.83 feet to the Northwest corner of Eaglebend, as recorded in the Eagle County Records; thence along the boundary of Eaglebend the following seven (7) courses: 1) S 23 028'30" W 417.51 feet; 2) S 59 039'32" E 398.03 feet; 3) S 61 026'30" E 300.36 feet; 4) S 59 023'49" E 308.03 feet; 5) S 84 014'40" E 54.42 feet; 6) S 01 024'46" E 35.00 feet; 7) S 65 000'10" E 9.38 feet; thence S 01 °48'20" E 120.18 feet to a point on the North right -of -way line of U.S. Highway No. 6; thence along said right -of -way line S 17 °53'44" E 7.02 feet to the Southwest corner of White Water Condominiums as recorded in the Eagle County Records; thence along the West boundary of said White Water Condominiums N 03 °09'12" E 121.11 feet to a point on the South boundary line of Eaglebend; thence along the boundary of Eaglebend the following twelve (12) courses: 1) S 65 °00'10" E 19.87 feet; 2) S 73 °00'41" E 27.24 feet; 3) N 83 °29'18" E 409.37 feet; 4) S 86 °34'34" E 110.16 feet; 5) S 62 °21'14" E 260.77 feet; 6) S 38 °51'12" E 231.14 feet; 7) S 50 °24'14" E 315.36 feet; 8) S 61 °52'35" E 263.06 feet; 9) S 76 °00'35" E 301.96 feet; 10) S 55 °11'36" E 227.75 feet; 11) S 37 040'59" E 80.49 feet; 12 N 45 053'00" E 503.74 feet to the Northeast corner of Eaglebend; thence N 25 038'00" E 100.00 feet to the North right -of -way line of the Denver and Rio Grande Western Railroad; thence along said North right -of -way line the following three (3) courses: 1) N 64 022'00" W 2064.00 feet; 2) 971.41 feet along the arc of a curve to the left having a central angle of 01 037'00" and a radius of 34,427.50 feet, the chord of which bears N 65 010'30" W 971.38 feet; 3) N 65 059'00" W 1205.43 feet to the Point of Beginning, containing 41.789 acres, more or less. The bearings relate to the plat of Eaglebend as recorded in the Eagle County Records. EXHIBIT C PROPERTY OWNED BY PETITIONER Lots 1 through 56, 61 through 68, Block 1, containing 90,789 square feet; Lots 2 through 4, 8, 10, 11, 13, 14, 18, 20 through 28, Block 2, containing 283,505 square feet; Tract "A ", containing 825,390 square feet; all within Eaglebend according to the final plat filed in the Eagle County Records. EXHIBIT A LEGAL DESCRIPTION: A parcel of land lying in the South one -half of the Northeast one - quarter and the North one -half of the Southeast one - quarter of Section 12, Township 5 South, Range 82 West, and the Southwest one - quarter of Section 7, Township 5 North, Range 81 West, all of the Sixth Principal Meridian, Eagle County, Colorado, and being more particularly described as follows.: Beginning at the Southeast corner of Lot 22, Block 2, Benchmark at Beaver Creek, as recorded in the Eagle County Records; thence S 24 °01'00 W 100.00 feet to a point on the South right -of -way line of the Denver and Rio Grande Western Railroad; thence along said South right -of -way line S 65 059'00" E 827.83 feet to the Northwest corner of Eaglebend, as recorded in the Eagle County Records; thence along the boundary of Eaglebend the following seven (7) courses: 1) S 23 °28'30" W 417.51 feet; 2) S 59 °39'32" E 398.03 feet; 3) S 61 °26'30" E 300.36 feet; 4) S 59 °23'49" E 308.03 feet; 5) S 84 °14'40" E 54.42 feet; 6) S 01 °24'46" E 35.00 feet; 7) S 65 000'10" E 9.38 feet; thence S 01 °48'20" E 120.18 feet to a point on the North right -of -way line of U.S. Highway No. 6; thence along said right -of -way line S 17 °53'44" E 7.02 feet to the Southwest corner of White Water Condominiums as recorded in the Eagle County Records; thence along the West boundary of said White Water Condominiums N 03 °09'12" E 121.11 feet to a point on the South boundary line of Eaglebend; thence along the boundary of Eaglebend the following twelve (12) courses: 1) S 65 °00'10" E 19.87 feet; fl S 73 000'41" E 27.24 feet; N 83 029'18" E 409.37 feet; 4) S 86 °34 -34" E 110.16 feet; 5) S 62 °21'14" E 260.77 feet; 6) S 38 °51'12" E 231.14 feet; 7) S 50 °24'14" E 315.36 feet; 8) S 61 °52'35" E 263.06 feet; 9) S 76 °00'35" E 301.96 feet; 10) S 55 °11'36" E 227.75 feet; 11) S 37 °40'59" E 80.49 feet; 12) N 45 °53'00" E 503.74 feet to the Northeast corner of Eaglebend; thence N 25 °38'00" E 100.00 feet to the North right -of -way line of the Denver and Rio Grande Western Railroad; thence along said North right -of -way line the following three (3) courses: 1) N 64 °22'00" W 2064.00 feet; 2) 971.41 feet along the arc of a curve to the left having a central angle of 01 037'00" and a radius of 34,427.50 feet, the chord of which bears N 65 °10'30" W 971.38 feet; 3) N 65 059'00" W 1205.43 feet to the Point of Beginning, containing 41.789 acres, more or less. The bearings relate to the plat of Eaglebend as recorded in the Eagle County Records. EXHIBIT A LEGAL DESCRIPTION: A parcel of land lying in the South one -half of the Northeast one - quarter and the North one -half of the Southeast one - quarter of Section 12, Township 5 South, Range 82 West, and the Southwest one - quarter of Section 7, Township 5 North, Range 81 West, all of the Sixth Principal Meridian, Eagle County, Colorado, and being more particularly described as follows: Beginning at the Southeast corner of Lot 22, Block 2, Benchmark at Beaver Creek, as recorded in the Eagle County Records; thence S 24 °01'00 W 100.00 feet to a point on the South right -of -way line of the Denver and Rio Grande Western Railroad; thence along said South right -of -way line S 65 059'00" E 827.83 feet to the Northwest corner of Eaglebend, as recorded in the Eagle County Records; thence along the boundary of Eaglebend the following seven (7) courses: 1) S 23 °28'30" W 417.51 feet; 2) S 59 °39'32" E 398.03 feet; 3) S 61 °26'30" E 300.36 feet; 4) S 59 °23'49" E 308.03 feet; 5) S 84 014'40" E 54.42 feet; 6) S 01 024'46" E 35.00 feet; 7) S 65 °00'10" E 9.38 feet; thence S 01 °48'20" E 120.18 feet to a point on the North right -of -way line of U.S. Highway No. 6; thence along said right -of -way line S 17 °53'44" E 7.02 feet to the Southwest corner of White Water Condominiums as recorded in the Eagle County Records; thence along the West boundary of said White Water Condominiums N 03 °09'12" E 121.11 feet to a point on the South boundary line of Eaglebend; thence along the boundary of Eaglebend the following twelve (12) courses: 1) S 65 000'10" fl S 73 000'41" N 83 029'18" 4) S 86 034'34" 5) S 62 °21'14" 6) S 38 °51'12" 7) S 50 024'14" 8) S 61 052'35" 9) S 76 000'35" 10) S 55 011'36" 11) S 37 040'59" 12) N 45 °53'00" E 19.87 feet; E 27.24 feet; E 409.37 feet; E 110.16 feet; E 260.77 feet; E 231.14 feet; E 315.36 feet; E 263.06 feet; E 301.96 feet; E 227.75 feet; E 80.49 feet; E 503.74 feet to the Northeast corner of Eaglebend; thence N 25 °38'00" E 100.00 feet to the North right -of -way line of the Denver and Rio Grande Western Railroad; thence along said North right -of -way line the following three (3) courses: 1) N 64 °22'00" W 2064.00 feet; 2) 971.41 feet along the arc of a curve to the left having a central angle of 01 °37'00" and a radius of 34,427.50 feet, the chord of which bears N 65 °10'30" W 971.38 feet; 3) N 65 059'00" W 1205.43 feet to the Point of Beginning, containing 41.789 acres, more or less. The bearings relate to the plat of Eaglebend as recorded in the Eagle County Records.