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08-18-1982 Rio Grande Action RailroadTown Clerk Town of Avon (Hand Delivered) 50 August 18, 1982 Gentlemen; We have been informed by the Town Management that our request to formally appear before the DRB prior to annexation is not allowed under their interpretation of the Statutes for annexation and zoning. The conditions of our purchase contract preclude this sequence. Accordingly, we respectfully request that our petition for annexation of the "Stockyards" parcel owned by Nottingham Ranch Co. be withdrawn. Thank you for your efforts. l 899 Skokie Boulevard Northbrook, Illinois 60062 312.272 -4310 wrUJ7 L�e fhe'ACT /ONrai /road DENVER & RIO GRANDE WESTERN RAILROAD CO. R.F. ENGLAND MANAGER, LAND R.C. OATMAN MANAGER, CONTRACTS U. S. CERTIFIED MAIL RETURN RECEIPT REQUESTED Town Clerk Avon Municipal Complex P. 0. Box 975 Avon, Colorado 81620 Dear Sir: P. O. BOX 5482 DENVER, COLORADO 80217 PHONE: (303) 629 -5533 H.A. PHILLIPS DIRECTOR -LAND AND CONTRACT DEPARTMENT August 13, 1982 A.J. MORRELL ENGINEERING ASSISTANT C.A. CURD MANAGER, PROPERTY TAXES Our company is in receipt of a letter from the Town of Avon advising that Nottingham Ranch Company has applied for approval of an application for zoning a portion of the SE4 Section 12, T5S, R82W, 6th P.M. to be annexed to the Town of Avon as Residential High Density Commercial (RHDC), and of zoning a portion of such property Special, Public Facility and Government (SPG). The above referenced matter will be heard and considered at the meeting of the Design Review Board of the Town of Avon on August 19, 1982. This particular development application, if approved, would be immediately adjacent to our main line right -of -way which runs between Denver and Salt Lake City over Tennessee Pass and carries an average of 12 to 15 trains daily. Because we do have heavy rail traffic over this particular line, our Company is very apprehensive and concerned at the prospect of having these dwelling units adjoining our right -of -way. If the proposal is granted, there would be a tremendous increase in auto vehicular traffic in this immediate area. As your town is no doubt aware, if there are not sufficient public crossings to allow adequate access across our tracks to and from the proposed dwelling units, then we predict that many who would use the subject area would enter or depart by unauthorized and unsafe methods, such as using private crossings, which is strictly prohibited by our railroad, or by entering or leaving the proposed area by crossing our tracks where no type of crossing at all exists. Also, the proposed dwell- ing area would be used by families with children who, unaware of the possible dangers, might wander upon our right -of -way. Because of our concern for the public safety, The Denver and Rio Grande Western Railroad Company does not believe the application sought by Nottingham Ranch Company should be granted. However, if the Town of Avon does grant the zoning changes requested by Nottingham Ranch Company, we would like to insist that the following three (3) conditions, which our company feels should be met to preserve the public safety, be made,condi- tions to the granting of the application sought by the above referrenced applicant. They are: Town Clerk of Town of Avon Page 2 August 13, 1982 (1) That the applicant, Nottingham Ranch Company, construct and maintain a six (6) foot high, heavy -gauge chain -link fence to separate their proposed development and our railroad right -of- way. (2) That no vehicles or individuals using the proposed development be allowed to enter upon or cross our right -of -way except at established public crossings. Type of protection to be determined by the Colorado Public Utilities Commission. (3) That when the referenced application is heard by the Design Review I Board of the Town of Avon, that this letter be made a part of the proceeding. CAC:ebs Respectfully, ,V ao C. A. Curd Manager, Property Taxes R. Jerome Wood P.O. Box 11748 Aspen, Colorado 81612 July 28, 1982 Ms. Pat Doyle Town of Avon P.O. Box D Avon, Colorado 81620 Dear Pat: This letter is to request a continuation of the Nottingham Ranch Co. Annexation from the August 10, 1982 Council Meeting to August 24, 1982. If you have any questions concerning this matter, please feel free to contact me. Sincerely, R. J rome Wood Project Manager /msf RECEIVED JUL 30 G 7f rJL0 if F(12700ro l) DENVER a RIO GRANDE WESTERN RAILROAD CO. R.F. ENGLAND ,1ANAGER, LAND R.C. OATMAN MANAGER, CONTRACTS U. S. CERTIFIED MAIL RETURN RECEIPT REQUESTED Town Clerk Town of Avon P. 0. Box 975 Avon, Colorado 81620 Gentlemen: P. O. BOX 5482 DENVER, COLORADO 80217 PHONE: (303) 629 -5533 H.A. PHILLIPS DIRECTOR -LAND AND CONTRACT DEPARTMENT May 28, 1982 A.J. MORRELL ENGINEERING ASSISTANT C.A. CURD MANAGER, PROPERTY TAXES The Rio Grande Railroad is in receipt of your Notice of Hearing advising that pursuant to provisions of Ordinance Number 12, Series of 1979, the Design Review Board of the Town of Avon will meet June 3, 1982 to consider an application by Nottingham Station, which requests a zoning classifica- tion designation change to P.U.D. and R.H.D.C. on a 2.938 acre tract of land lying within the NEB of Section 12, T5S, R82W. 6th P.M. This particular development application, if approved, would be immediately adjacent to our main line right -of -way which runs between Denver and Salt Lake City over Tennessee Pass andcar,ries an average of 12 to 15 trains daily. Because we do have heavy rail traffic over this particular line, our Company is very apprehensive and concerned at the prospect of having these dwelling units adjoining our right -of -way. If the proposal is granted, there would be a tremendous increase in auto vehicular traffic in this immediate area. As your town is no doubt aware, if there are not sufficient public crossings to allow adequate access across our tracks to and from the proposed dwelling units, then we predict that many who would use the subject area would enter or depart by unauthorized and unsafe methods, such as using private crossings, which is strictly prohibited by our railroad, or by entering or leaving the proposed area by crossing our tracks where no type of crossing at all exists. Also, the proposed dwell- ing area would be used by families with children who, unaware of the possible dangers, might wander upon our right -of -way. RFC E1VEL, "w16 F� ►� A Wk Design Review Board May 28, 1982 Page 2 If the Town of Avon does grant the requested zoning classification designation change of Nottingham Station, we would like to insist that the following three (3) conditions, which our company feels should be met to preserve the public safety, be made conditions to the granting of the application sought by the above referenced applicant. They are: (1) That the applicant, Nottingham Station, construct and maintain a six (6) foot high, heavy -gauge chain -link fence to separate their proposed development and our railroad right -of -way. (2) That no vehicles or individuals using the proposed development be allowed to enter upon or cross our right -of -way except at established public crossings. Type of protection to be determined by the Colorado Public Utilities Commission. (3) That when the referenced application is heard by the Design Review Board of the Town of Avon, that this letter be made a part of the proceeding. Respectfully, C. A. Curd Manager, Property Taxes CAC: ebs s i BEFORE THE TOWN OF AVON STATE OF COLORADO IN THE MATTER OF THE PROPOSED ) ANNEXATION OF UNINCORPORATED ) TERRITORY IN THE COUNTY OF ) PETITION EAGLE, STATE OF COLORADO, TO ) THE TOWN OF AVON, COLORADO ) (A parcel of land located in Section 12, T. 5 South, Range 82 W. 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 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 to this petition, and by this refer- ence incorporated herein: In support of said petition, the petitioners allege that: (1) The undersigned are the owners of more than 50% of the land in the area proposed to be annexed, excluding streets and alleys, each owning the property identified in the annexation map attached hereto as Exhibit "B" and by this reference incorporated herein. (2) It is desirable and necessary that the above described territory be annexed to the Town of Avon; (3) Not less than one -sixth 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 or will be urbanized in the near future; (o') The territory proposed to be annexed is inte- crated 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 acres of 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; (lb) This proposed annexation will not result in the detachment of_area from any school district; (11) The mailing address of the signers of this petition and the date of signing are affixed to the petition; (12) Attached to this petition is the affidavit that the signatures hereon are the signatures of the persons whose names they purport to be; (13) Accompanying this petition are four prints of an annexation map identified as Exhibit "B ", containing the following information: (a) A written legal description of the bounda- ries of the area proposed to be annexed; (b) A map showing the boundary of the area proposed to be annexed; n (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; -2- LI (f) The map bears the certificate and seal of a registered engineer or land surveyor and shows the dimensions by scale of the boundaries and the bearings of the boundaries of said area. The Petitioner respectfully requests hereby that the Town Council of the Town of Avon, Colorado, make a finding of substantial compliance for this petition and commence proceedings for and approve the annexation of the subject territory. Date: Mailing Address: Nottingham Ranch Co. Box B Avon, Colorado 81620 STATE OF COLORADO) ) ss COUNTY OF EAGLE ) Petitioner: Nottingham Ranch Co., a Colorado limited partnership William E. Nottingham, General Partner The foregoing instrument was acknowledged before me this // '� day of .�'�% 1982, by William E. Nottingham, Jr., general partne of Nottingham Ranch Co., a Colorado limited partnersH p..- Witness my hand and official seal. My commission expires My Commission expires h,ay 27, lV$4 _ By: — Notary Public Address A 1 Date: Mailing Address: Otis Development Company 899 Skokie Boulevard Northbrook, IL. 60062 STATE OF ILLINOIS) ss COUNTY OF COOK ) The foregoing, instrument was acknowledged before me this o� 0 day of -4c , 1982, by James Otis, Jr., P.-Side"t Witness my hand and official seal. My commission expires 3, -30Es- By: p�/o.cc�w ✓�� °�eEe,� Notary Public /�_p// 7 'jhi o�vr� /sro a off✓ Address Pat Doyle Town of Avon P.O. Box975 Avon, Colo. 81620 Jerry Wood P.O. Box 11748 Aspen Colo. 81612 May 5, 1982 Dear Pat; As we have discussed I would like to resubmit the "Petition for Annexation" of the Stockyards parcel at the Town Council meeting on May 11, 1982. If possible please place us on the agenda for that meeting. Also if there is time during the work session of the afternoon of May 1 1, we wi I I have the revised plan for Nottingham Associates parcel including Bill Nottingham's Stockyards parcel. It would be convient to discuss the new plan with council at that worksession. Thank you for your cooperation. Sincerely Jerry Wood 0-a�� r March 26, 1982 Town Council Town of Avon Avon, Colorado 81620 RE: Annexation Petition - Nottingham Ranch Company Gentlemen: A petition for annexation was submitted to you, dated March 23, 1982, signed by Nottingham Ranch Company, a limited partnership, involving 1.365 acres, which is known as the Stockyard Property. This petition was signed at the request of Mr. James Otis, Jr., who we thought had agreed to purchase the property and the annexation was intended to be a part of, and in consideration of the purchase. It now appears that a disagreement has arisen involving the purchase of the property, and we, therefore, withdraw the petition for annexation that was filed. We are sorry for any inconvenience this may have caused the town. Yours very truly, NOTTINGHAM RANCH COMPANY William E. Nottingha Jr. GJP /jj RECEiVED MAR 2 6 W BEFORE THE TOWN OF AVON STATE OF COLORADO IN THE PLATTER OF THE PROPOSED ) ANNEXATION OF UNINCORPORATED ) TERRITORY IN THE COUNTY OF ) PETITION EAGLE, STATE OF COLORADO, TO ) THE TOWN OF AVON, COLORADO ) (A parcel of land located in Section 12, T. 5 South, Range 82 W. 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 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 to this petition, and by this refer- ence incorporated herein. In support of said petition, the petitioners allege that: (1) The undersigned are the owners of more than 50% of the land in the area proposed to be annexed, excluding streets and alleys, each owning the property identified in the annexation map attached hereto as Exhibit "B" and by this reference incorporated herein. (2) It is desirable and necessary that the above described territory be annexed to the Town of Avon; (3) Not less than one -sixth 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 or will be urbanized in the near future; (o') The territory proposed to be annexed is inte- crated with or is capable of being integrated with the Town of Avon; 11 (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 acres of 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) The mailing address of the signers of this petition and the date of signing are affixed to the petition; (12) Attached to this petition is the affidavit that the signatures hereon are the signatures of the persons whose names they purport to be; (13) Accompanying this petition are four prints of an annexation maa identified as Exhibit "B ", containing the following information: (a) A written legal description of the bounda- ries 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; -2- (f) The map bears the certificate and seal of a registered engineer or land surveyor and shows the dimensions by scale of the boundaries and the bearings of the boundaries of said area. The Petitioner respectfully requests hereby that the Town Council of the Town of Avon, Colorado, make a finding of substantial compliance for this petition and commence proceedings for and approve the annexation of the subject territory. Date: f) Mailing Address: _ Nottingham Ranch Co. _ Box B Avon, Colorado 81620 Petitioner: Nottingham Ranch Co., a Colorado limited partnership By: William E. Nottinghamt Jr., general partner STATE OF COLORADO ) ss COUNTY OF EAGLE ) The foregoing instrument was acknowledged before me this day of 1982, by William E. Nottingham, Jr., general partner of Nottingham Ranch Co., a Colorado limited partnership. Witness my hand and official seal. Ply commission expires Notary Public Address -3- EXHIBIT "A" LEGAL DESCRIPTION: A part of the South one -half of the North one -half of Section 12, Township 5 South, Range 82 West of the Sixth Principal Meridian, Eagle County, Colorado, more particularly described as follows: Commencing at the Southwest corner of Lot 21, Block 2, Benchmark at Beaver Creek; thence S 65 058108" E 150.39 feet along the South lot line of Lot 21, also being the North right -of -way line of the Denver and Rio Grande Western Railroad; thence S 24 °01'52" W 100.00 feet to the True Point of Beginning, said point being on the South right -of -way line of the Denver and Rio Grande Western.Railroad; thence continuing S 24 °01'52" W 279.53 feet to the centerline of the Eagle River; thence N 82 047'42" W along said centerline 160.15 feet to the East right -of -way line of Avon Road; thence along said East right -of -way line the following four courses: 1) N 04 025'54" E 95.10 feet; 2) N 35 039'54" E 35.30 feet; 3) N 10, 032'54" E 54.70 feet to a point of curvature; 4) 155.59 feet along the arc of a 1201.84 foot _radius curve to the left whose long chord bears N 06 050'27" E 155.48 feet to a point on the South right- of -wav line of the Denver and Rio-Grande Western Railroad; thence S 65 °58108" E along said right -of -way line 236.78 feet to the Point of Beginning, containing 59,196 square feet or 1.359 acres more or less. BEFORE THE TOWN OF AVON STATE OF COLORADO IN THE MATTER OF THE PROPOSED ) ANNEXATION OF UNINCORPORATED ) TERRITORY IN THE COUNTY OF ) PETITION EAGLE, STATE OF COLORADO, TO ) THE TOWN OF AVON, COLORADO ) (A parcel of land located in Section 12, T. 5 South, Range 82 W. 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 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 to this petition, and by this refer- ence incorporated herein: In support of said petition, the petitioners allege that: (1) The undersigned are the owners of more than 50% of the land in the area proposed to be annexed, excluding streets and alleys, each owning the property identified in the annexation map attached hereto as Exhibit "B" and by this reLe=ence incorporated herein. (2) It is desirable and necessary that the above described territory be annexed to the Town of Avon; (3) Not less than one -sixth 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 or will be urbanized in the near future; (o) The territory proposed to be annexed is inte- grated with or is capable of being integrated with the Town of Avon; 11 (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 acres of 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; (lb) This proposed annexation will not result in the detachment of_area from any school district; (11) The mailing address of the signers of this petition and the date of signing are affixed to the petition; (12) Attached to the signatures hereon are names they purport to be; (13) Accompanyin, annexation maa identified following information: this petition is the affidavit that the signatures of the persons whose 3 this petition are four prints of an as Exhibit "B ", containing the (a) A written legal description of the bounda- ries of the area proposed to be annexed; (b) A map showing the boundary of the area _ proposed to be annexed; I (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; -2- 0 (f) The map bears the certificate and seal of a registered engineer or land surveyor and shows the dimensions by scale of the boundaries and the bearings of the boundaries of said area. The Petitioner respectfully requests hereby that the Town Council of the Town of Avon, Colorado, make a finding of substantial compliance for this petition and commence proceedings for and approve the annexation of the subject territory. Petitioner: Nottingham Ranch Co., a Colorado limited partnership Date: ,� '1 (�^ By: William E. E. Nottingham Jr., general partner Mailing Address: _ Nottingham Ranch Co. Box B Avon, Colorado 81620 STATE OF COLORADO ) s COUNTY OF EAGLE ) The foregoing instrument was acknowledged before me this day of 1982, by William E. Nottingham, Jr., general partner of Nottingham Ranch.Co., a Colorado limited partnership. Witness my hand and official seal. My commission expires Notary Public Address ' -3- ,__1 EXHIBIT "A" LEGAL DESCRIPTION: A part of the South one -half of the North one -half of Section 12, Township 5 South, Range 82 West of the Sixth Principal Meridian, Eagle County, Colorado, more particularly described as follows: Commencing at the Southwest corner of Lot 21, Block 2, Benchmark at Beaver Creek; thence S 65 058'08" E 150.39 feet along the South lot line of Lot 21, also being the North right -of -way line of the Denver and Rio Grande Western Railroad; thence S 24 001152" W 100.00 feet to the True Point of Beginning, said point being on the South right -of -way line of the Denver and Rio Grande Western.:Railroad; thence continuing S 24 001'52" W 279.53 feet to the centerline of the Eagle River; thence N 82 047142" W along said centerline 160.15 feet to the East right -of -way line of Avon Road; thence along said East right -of -way line the following four courses: 1) N 04 025154" E 95.10 feet; 2) N 35 039'54" E 35.30 feet; 3) N 10, 032'54" E 54.70 feet to a point of curvature; 4) 155.59 feet along the arc of a 1201.84 foot _radius curve to the left whose long chord bears N 06 050'27" E 155.48 feet to a point on the South right-of-way line of the Denver and Rio Grande Western Railroad; thence S 65 058108" E along said right -of -way line 236.78 feet to the Point of Beginning, containing 59,196 square feet or 1.359 acres more or less.