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BEFORE THE TOWN OF AVON
STATE OF COLORADO
IN THE MATTER OF THE PROPOSED )
ANNEXATION OF UNMCORPORATED )
TERRITORY ITS THE COUNTY OF ) PETITION
EAGLE, STATE OF COLORADO, TO )
THE TMN 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 TMN COUNCIL OF THE MJN OF AVON:
The undersigned, as the owner of 100% 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 petitions the Town
Council of the Town of Avon, Colorado, to commence proceedings to annex to the
TWn 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 reference incorporated herein. In support of said petition, the
petitioner alleges that:
(1) The undersigned is the owner of 100% 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" 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;
(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 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) The mailing address of the signer of this petition and the date
of signing are affixed to the petition;
(12) Attached to this petition is the affidavit that the signature
hereon is the signature of the person whose name she purports to be;
(13) Acccrimanying this petition are four prints of an annexation map
identified as Exhibit "B ", containing the following 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 registered
engineer or land surveyor and shows the dimensions by scale of the
boundaries and the bearings of the boundaries of said area.
This Petition is made concurrently with a request for the rezoning
of the territory proposed to be annexed and is specifically conditioned on
said territory being zoned RHDC and the zoning map of the Town of Avon being
appropriately amended to reflect such zoning effective concurrently with the
annexation of said territory into the Town of Avon.
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.
- 2 -
MAILING ADDRESS OF PETITIONER:
Grace Jenkins White
P.O. Box 169
Avon, Colorado 81620
STATE OF COLORADO)
) ss.
COUNTY OF EAGLE )
Petitioner:
Grace JO
j4=s White
Lc.L
Edward F. Rodgers
by Grace White, Attorn -in -Fact
�.�The foregoing instrument was acknowledged before me this --Q �A day of
, 1983, by Grace Jenkins White.
Witness my hand and seal.
My commission expires: 7
Notary PuMic
- 3 -
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LEGAL DESCRIPTION
V ,f fit`
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A parcel of land located in the Northwest One - Quarter of
the Southeast One- Quarter (NW4jSE14-) of Section 12, Township 5
South, Range 82 West of the Sixth Principal Meridian accordinq
to the Deoendent Resurvey and Survey of said Township and Range
as approved on Sen_tember 7, 1977; said parcel of land being
more particularly described with all bearings herein being re-
lative to the platted bearing of the West Line of said NWh,
SEa, to wit:
Beginning at a point on the North Line of U. S. Highway No. 6
from which the Northwest Corner of said NW;,SE; bears -7.65 126'21 "W.
365.72 feet distant; thence along said North Line 173.73 feet
along the arc of a curve to the right having a radius of 3870.00
feet, the chord of which bears N.70 °46'29 "W. 173.72 feet to a
point on the approximate centerline of Beaver Creek; thence
along said approximate centerline the following three courses
and distances:
1) N.69 025'45 "E. 39.80 feet
2) N.37 026'46 "E. 36.24 feet
3) N.14 016'06 "E. 53.67 feet
to a point on the North Line of said NW;,SE; of Section 12;
thence along said North Line S.89 °59'26 "E. 86.79 feet to a
point on the approximate centerline of the Eagle River; thence
along said approximate centerline the following three courses
and distances:
1)
S.3702�8'30
"E.
0.42
feet
2)
S.56 012'35
"E.
358.57
feet
3)
S.76 °00'00
"E.
737.55
feet
to a point on the East Line of said NW4,SEn of Section 12, the
Witness Corner of which bears S.00 °15'03 "E. 132.02 feet distant;
thence along said East Line S.00 °15'03 "E. 247.02 feet to a
point on the Northerly Right -of -Way Boundary of U. S. Highway
No. 6; thence along said Boundary N.63 °11'04 "W. 690:15 feet;
thence 325.60 feet along the arc of a curve to the left having
a radius-of 3880.00 feet, the chord of which bears N.65 °35'19 "W.
325.50 feet; thence N.74 °23'04 "W. 101.67 feet to the point of
beginning.
Said parcel of land contains 3.5735 acres, more or less.
Date
JK/80%097
/;
David L. Kunkel R.L.
44b .
ai `:.
LAW OFFICES
COSGRIFF, DUNN & FRENCH, P. C.
P. 0. BOX 340
VAIL,COLORADO 81658
PETER COSGRIFF (303) 476-7552
JOHN W. DUNN
ROBERT H. S. FRENCH November 28, 1983
STEPHEN C. WEST
TIMOTHY H. BERRY
ARTHUR A.ABPLANALP, JR.
JOHN B. WOOD
FREDERICK B.SKILLERN
Members of the
Town of Avon
P. O. Box 975
Avon, Colorado
Town Council
81620
Re: White Annexation Petition
Dear Councilmembers:
LEADVILLE OFFICE:
P. 0. BOX II
LEADVILLE, COLORADO 80461
(303) 486 -1885
BRECKENRIDGE OFFICE!
P. O. BOX 588
BRECKENRIDGE, COLORADO 80424
(303) 453 -2901
You have requested my opinion whether the Town
may, in connection with the White annexation petition, annex_
Avon Road, from its intersection with the present town
boundary to U.S. 6, as well as U.S. 6 from its intersection
with Avon Road to the east end of the White tract. I have
concluded that the Town may do so but that a public hearing
would be required.
Grace Jenkins White and Edward F. Rogers have
petitioned for annexation of a parcel owned by them to the
Town of Avon. Such petition could be granted by the Town
without a public hearing.inasmuch as the petition is signed
by 1000 of the owners of the area proposed to be annexed.
Annexation without such circumstances is permitted by
Section 31 -12 -107 (1)(g), C.R.S., which section provides in
pertinent part as follows:
"[111hen the petition is signed by the owners of
one hundred percent of the area proposed to be
annexed, exclusive of streets and alleys, the
governing body may by ordinance annex such area to
the municipality without notice or hearing."
It is my opinion that the annexation map may
include Avon Road and U.S. 6 as part of the area to be
annexed notwithstanding such roadways do not lie between the
private land proposed to be annexed and the Town. Board of
County Commissioners v. City & County of Denver, 37 Colo.
App. 395, 548 P.2d 922 (1976). Furthermore, the inclusion
of those roadways will not make a hearing necessary inasmuch
as the quoted portion of 31 -12 -107 (1) (g) by its terms
excludes streets. However, if Avon Road from its inter-
section with the Town's boundary is included, it would also
be necessary to annex the Rio Grande Railway right of way
where it crosses Avon Road. Inclusion of the railroad right
�'em }?ers ' the Town Council I�ag, ? November 28, 1983
of way would trigger the election requirement unless the
annexation petition is signed by the railroad.
in conclusion, the Town may annex the White parcel
without notice or hearing on the basis of the annexation map
submitted or on the basis of a map including the portion of
U. S. 6 contiguous to the White property. However, if Avon
Road, including the railroad crossing, is to be a. part of
the area to be annexed, notice and a public hearing will be
required.
Yours very truly,
John ['d. Dunn
j D:kem