Loading...
10-12-1988 Approval of Ord No.87-9 to Rezone Nottingham Station SubdivTown of Avon P. O. Box 975, Avon, CO 81620 (303) 949 -4280 October 12, 1988 Mr. James Wear P.O. Box 1626 Avon, CO 81620 Re: Approval of Ordinance No. 87 -9, to rezone the Nottingham Station Subdivision Dear Mr. Wear: At its regular meeting of October 11, 1988, the Avon Town Council approved Ordinance No. 87 -9, providing for the amendment of the zoning map of the Town of Avon by the inclusion of certain property known as Nottingham Station Subdivision. If there are any questions please do not hesitate to contact the Town Offices. S' c rely, Patricia le own Clerk cc: File 1 Town of Avon P. O. Box 975, Avon, CO 81620 (303) 949 -4280 September 15, 1988 James R. Wear P.C. P.O. Box 1626 Avon, Colorado 81620 Re: Nottingham Station Subdivision Dear Mr. Wear: At its regular meeting of September 13, 1988, the Avon Town Council approved Ordinance No. 87 -5, Series of 1987, on second reading. The ordinance approved the annexing to the Town of Avon, a parcel of land located in Section 12, T. 5 South, Range 02 West of the 6th P.M. in Eagle County. The Council also approved Resolution No. 88 -18, which approved the Final Plat and Subdivision Improvements Agreement for Nottingham Station. The Council tabled Ordinance No. 87 -9, Series of 1987, which was amending the zoning map of the Town of Avon by the inclusion of certain property known as the Nottingham Station Subdivision. This ordinance was tabled because of the absence of the proper 12 day requirement for posting. Ordinance No. 87 -9 will be placed on the September 27th Council Meeting for second reading. If you have any questions please do not hesitate to contact the Town Offices. Si erely, Patricia Doy T wn Clerk !! cc: Lynn Fritzlen Michael Blair Maurie Nottingham William Nottingham File 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 all of the land in the area to be annexed, 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 reference incorporated herein. In support of said petition, the petitioners allege that: (1) The undersigned are the owners of all of the land in the area proposed to be annexed, 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 commerical or will be commercial 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 $200,000.00 for ad valorem tax purposes, has been included without written consent of the landowners. (9) No 31 -12 -105, C.R.S. or petition for 31 -12 -107, C.R.S. annexation of part municipality. annexation resolution 1973, as amended, and annexation election 1973, as amended, has or all of such territ pursuant to Section no annexation petition pursuant to Section been commenced for the ory to another existing (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) 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 boundaries of the area proposed to be annexed; (b) A map showing the boundary of the area proposed to be annexed; Y\9%V (c) A,..showing 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 of said area. The Petitioner respectfully requests hereby that the Town Council of the Town of Avon, Colorado, make a finding of 2 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: William E. Not gham,(/Jr. General Partne Mailing Address: Nottingham Ranch Co. Post Office Box 935 Avon, Colorado 81620 STATE OF COLORADO ) ) ss. COUNTY OF EAGLE 1 The foregoing instrument was acknowledged before me this `� day of November, 1986, by William E. Nottingham, Jr., general partner of Nottingham Ranch Co., a Colorado limited partnership. WITNESS my hand and off My commission expires:, q i � l EXHIBIT "A" NOTTINGHAI•Z RA14CH CO., A LIMITED PARTNERSHIP PETITION FOR ANNEXATION A parcel of land located in the SW1 /4NE1 /4 of Section 12, Township 5 South, Range 82 West of the Sixth Principal Meridian, Eagle County, Colorado, more particularly described as follows: Beginning at a point on the Southerly right —of —way line of the Denver and Rio Grande Western Railroad from which the center of Section 12 bears S32 °50'23 "W, 540.64 feet; thence departing from the Southerly railroad right —of —way line S24 °13'30 "W, 282.00 feet to the centerline of the Eagle River; thence continuing along the centerline of the Eagle River N82 °40'35 "W, 158.75 feet to the Easterly right —of —way line of Avon Road; thence departing from the centerline of the Eagle River and continuing along the Easterly right —of —way line of Avon Road N04 °32'00 "E, 96.80 feet; thence N35 °46'00 "E, 35.30 feet; thence N10 °39'00 "E, 54.70 feet; thence along--the arc of a curve to the left 155.80 feet, having a central angle of 07 °27'51" and a radius of 1195.90 feet, whose chord bears N06 °55'05 "E, 155.69 feet to a point on the Southerly right —of —way line of the Denver and Rio Grande Western Railroad; thence departing from the Easterly right —of —way line of Avon Road and continuing along the Southerly railroad right —of —way line S65 055'30 "E, 236.61 feet to the point of beginning. The described parcel contains 1.36 acres. ANNEXATION AGREEMENT PARTIES: Nottingham Ranch Company, ( "Nottingham Ranch ") a Colorado Limited Partnership P.O. Box B Avon, Colorado 81620 Nottingham Associates, ( "Associates ") a Colorado Partnership P.O. Box 1000 Avon, Colorado 81620 Town of Avon, ( "Town ") a Colorado Municipal Corporation P.O. Box 975 Avon, Colorado 81620 DATE: / cvew��r S_f� , 1986 RECITALS: A. Nottingham Ranch is the owner of certain real property in Eagle County, Colorado, more particularly described in Exhibit A, attached hereto. B. Nottingham Ranch has filed a petition to annex the Property to the Town. C. Nottingham Ranch desires that the Property.be developed as hereinafter described. D. The Town is willing to annex the Property and authorize its development on the terms and conditions of this Agreement. E. Nottingham Associates is the owner of certain real property within the Town and adjacent to Nottingham Ranch, more particularly described in Exhibit A, attached hereto. F. Nottingham Ranch, and Associates, have submitted concurrently with this Agreement a request for Rezoning and for Subdivision Sketch Plan approval, as illustrated in Exhibit B, attached hereto (the "Map "). G. The purpose of the proposed subdivision is to revise and to reseparate ownership of the Property by the Parties in order to independently and separately in the future resubdivide and develop the properties. AGREEMENT: _ NOW, THEREFORE, for good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, the parties agree as follows: 1. Simultaneous Processing. 1.1 Within a reasonable time after the Annexation Petition is filed, the Town will either find that the Petition is valid under C.R.S. § 31 -12 -107 (1973) or indicate the ways in which it is not valid and, in either case, promptly communicate such determination to Nottingham Ranch. If and when the Town has made a finding that the Petition is valid under C.R.S. § 31 -12 -107 (1973), the Town shall, in accordance with the applications concurrently submitted by Nottingham Ranch, and Associates, promptly commence and prosecute procedures under its ordi- nances to subdivide and to zone the Property NC- Neighborhood Commercial and SPA - Specially Planned Area and permitting, at a minimum, the uses shown on the Map attached hereto as Exhibit B, such zoning and subdivision approval to occur simul- taneously with annexation, all as authorized in C.R.S. § 31- 12- 115(1) (1973). 1/4 1.2 The Town shall withhold final passage of the annexation ordinance pending completion of all procedures preparatory to final passage of the ordi- nance(s) or resolution(s) subdividing and zoning the properties as NC and SPA and permitting at least the Minimum Development. 1.3 If and when all procedures preparatory to final passage of the ordinance(s) or resolution(s) subdividing and zoning the properties NC and SPA and permitting at least the Minimum Development have been completed, the Town shall consider said ordinance(s) or resolution(s) on a final reading at the same meeting and on the same date as it considers the annexation ordinance on final reading, and shall consider the annexation and zoning ordinances and resolutions simultaneously in a single reading subject to one vote. 1.4 Nothing contained in this Agreement shall be deemed to limit the Town's discretion in processing and passing on the proposed annexation, zoning classification and subdivision plans as hereinbefore stated. The purpose of this article is merely to prevent annexation of the Property, unless, upon annex- ation, the Property can be developed in a manner meeting at least the Minimum Development as illustrated on the Exhibit B, the Map, or as otherwise mutually agreed to by the Parties. 2. Development Conditions. If the Property is annexed as hereinabove provided, the provisions of this Paragraph 2.shall apply: 2.1 No future subdivision, resubdivision, precise plan or development plan procedures or approvals shall be required, unless and until an actual devel- opment, subdivision or resubdivision of the properties may be proposed, in which event the Town's generally applicable subdivision and zoning procedures and req- uirements shall apply, except as provided in paragraphs 1.1 and 2.3 herein. 2.2 Neither the annexation of the Property nor any term contained herein shall obligate the Town to improve or maintain any roads or improvements located on the property unless and until such roads or improvements are dedicated to, and accepted by, the Town. 2.3 Nottingham Ranch, the Associates and other owners of the properties shall have no obligation at any time, as part of the annexation or subdivision processes or otherwise, to dedicate to the Town any roadways or other improvements, except as the Town, Nottingham Ranch, the Associates and such other affected owners may hereafter agree; it being understood and agreed that any and all road- ways and improvements shall be and remain private until such time as Nottingham Ranch, the Associates, the other affected owners of the properties and the Town shall agree upon and perform the dedication thereof on mutually acceptable terms and conditions. 3. Miscellaneous. 3.1 This Agreement shall supercede all prior agreements between the Parties and shall constitute the whole agreement of the parties as they are herein combined. 3.2 This Agreement shall be enforceable at law or in equity. 2/4 M �J The Parties have executed this Agreement as of the date first above written. Patricia J. �oyle 'Town Clerk Nottingham Associates, a Colorado Partnership By a v h 7 Ad. _ Maurice M. Nottingh general partner STATE OF COLORADO ) COUNTY OF EAGLE ) ss. TOWN OF AVON, A COLORADO MUNICIPAL CORPORATION B Mayor Nottingham Ranch Company, a Colorado limited partnership By : G ✓• William E. Notting Jr. general partner The foregoing instrument was acknowle ged before me this � day of , 1988, by as Mayor, and atricia J. Doyle, as Town Clerk, of the own of Avon. Witness my hand and official seal: My commission expires:�e_�� JlcJ�i Notary Public 3/4 STATE OF COLORADO ) ss. COUNTY OF E ) G,1PF�e� -,g The foregoing instrument was acknowledged before me this day of 00LIem. e-r , 1986, William E. Nottingham, Jr.,. as general partner of Nottingham Ranch Company, a Colorado limited partnership. Witness my hand and official seal: J. f� My commission expires: f, STATE OF COLORADO ) ss. COUNTY OF EAGLE ) foregoing instrument was acknowledged before me this / d Wday of , 1986, Maurice M. Nottingham, as general partner of Nottingham As ociates, a Colorado partnership. Witness my hand and official seal: .My, commission expires: - �,•. -% �,} ; _�' `• , N tary Public L � 4/4 LAND DESCRIPTIONS 1. Nottingham Ranch EXHIBIT "A" A parcel of land 'located in the SW1 /4NEl /4 of Section 12, Township 5 South, Range 82 West of the Sixth Principal Meridian, Eagle County, Colorado, more particularly described as follows: Beginning at a point on the Southerly right -of -way line of the Denver and Rio Grande Western Railroad from which the center of Section 12 bears S32 °50'23 "W, 540.64 feet; thence departing from the Southerly railroad right -of -way line S24 °13'30 "W, 282.00 feet to the centerline of the Eagle River; thence continuing along the centerline of the Eagle River N82 °40'35 "W, 158.75 feet to the Easterly right -of -way line of Avon Road; thence departing from the centerline of the Eagle River and continuing along the Easterly right -of -way line of Avon Road N04 °32'00 "E, 96.80 feet; thence N35 °46'00 "E, 35.30 feet; thence N10 °39'00 "E, 54.70 feet; thence along the arc of a curve to the left 155.80 feet, having a central angle of 07 °27'51" and a radius of 1195.90 feet, whose chord bears N06 °55'05 ='E, 155.69 feet to a point on the Southerly right -of -way line of the Denver and Rio Grande Western Railroad; thence departing from the Easterly right -of -way line of Avon Road and continuing along the Southerly railroad right -of -way line S65 055'30 "E, 236.61 feet to the point of beginning. The described parcel contains 1.36 acres. 2. Nottingham Associates A parcel of land situated in the East Half of Section 12, Township 5 South, Range 82 West of the Sixth Principal Meridian, Town of Avon, Eagle County, Colorado, more particularly described as follows: Beginning at a point on the Southerly right of way of the Denver and Rio Grande Western Railroad from which the Brass Cap set for the center of Section 12 bears S32 050'23 "W, 540.64 feet; thence along the railroad right of way S65 °55'30 "E, 1120.37 feet to a point on the center section line; thence along the center section line N89 °52'42 "W, 123.15 feet; thence departing from the center section line S65 °55'30 "E, 161.45 feet to a point on the East line of the NW1 /4SE1 /4; thence along the East line of the NW1 /4SE1 /4 N00 009'06 "W, 54.83 feet; thence departing from the East line of the NW1 /4SE1/4 S65 055130 "E, 551.18 feet; thence departing from the railroad right of way S24 °36'52 "W, 408.49 feet to the center of the Eagle River; thence continuing along the center line of the Eagle River N51 °33'00 "W, 348.00 feet; thence N76 000'00 "W, 797.00 feet; thence N56 °12'35 "W, 358.57 feet; thence N37 028'30 "W, 249.75 feet; thence departing from the center line of the Eagle River N24 °13'30 "E, 282.00 feet to the Point of Beginning. The described Parcel contains 15.013 acres. Basis of bearings: the Southerly line of the Denver and Rio Grande Western Railroad right of way S65 °55'30 "E. p n D G n a 0 n R K D n 0 . Z fj) 11-0 m O) 0 rn z m 0 O m 0 4 O z E C cn 2 rn O O m v n O 3 m rn� � I v m Z D r v 0 m 07 n 3rn 31 m _n D AVON STATION MOBILE HOME PARK % r r �i e'rrrr 0 0 0 0 0 0 0 a n n �+nnnn r • + ♦WNi -• wmNw. -wwlsw w .t1 roro. 1. ~ i i N r 1 a a a NNa a:' 1 60.0. n m O O 6 • n �. a s r t Inwta o s• W a o -6-9-9 w r o NHwii wi O O Y 1— •< 0, o 7 r0 it•w ►.r o r 0 a; aan 1C 0.A 1+a' a o 092 ens • r • w 0 o• a a r n � -4 .w .11 O c n o n n r1 L. 1 n a s • e r finny • � a M a a, O O a O h A M O a a� n• o O C N �� o o • s 04 W • O O. •• Y n e•a:r w on 0 0 CL Z a n tw no 6w rw•nIL • Y a cr• r•a A o n •..ow -1 •Iw■ w• O ^ o / w O . o r r o r n W N tin b0lb O OD OD 0 N In Cy p •a 0 to �L I o % r r �i e'rrrr 0 0 0 0 0 0 0 a n n �+nnnn r • + ♦WNi -• wmNw. -wwlsw w .t1 roro. 1. ~ i i N r 1 a a a NNa a:' 1 60.0. n O O 6 • n �. a s r t Inwta o s• W a o -6-9-9 w -I I I N NHwii wi O O Y 1— •< 0, o 7 it•w ►.r o r m aan 1C 0.A 1+a' a D 092 ens • r • w 0 o• a a r n � cif .w .11 O c n o n n r1 L. r n a s • e r finny • � a M t< O O a O h A M O a a� n• o O C �� o o • s W • O O. •• Y n e•a:r on 0 o aa ♦ r a n tw no 6w rw•nIL • Y a cr• r•a o n •..ow -1 •Iw■ w• 4, �M 6r • •q o °o C/� w . o r r o r n n a• s • n \ o "a 0 O O cn m v O n 0 m 07 0 3 m � I t RESIDENTIAL r 0 .p 00 07 (r 0 n v x O H H N x T � N pC ~ On H a. H. H O .x m 07 m z 1 m 01 � N m p li ��.. D 0 D v O 3 3 O -n n F� m1 D D QZ -i 0 O 0 3 m 0 © D � (7 D Z -q © D 30 z 1 D .a O T1 FAW u 0, O3 3 m X 0 [:7y/d 0 O P3 OV $ H m 09 N :r F•+ C•1 F+ OD O b a 0 O' Ln'rn rr �C m N O w G O n rr a O ? r V I.d O O K 7a n m 01 In CL O rr O aQ m • m a ' � w N O 1p a' 00 �p r► W 0 dr MI rr m � R! F+ r► td 0 M M 1+ O to A m F* A 'O R (b W H 0 M N 1.1. • D r 0 O x ic m A a r ZPdw O t=7 C H N bd H O C " z 1.4 x H c a H x0to O Y-�H c�xr0 H 9 x 0 W x bd H tv cn m a ra 7d H Cl to • H N y Om(y Z x %0 • :3C 00 a ro �abr c a O ►++ x x0 M 91 C*) a 0 L-4 O rn x m 0 0 0 0 0 n n n• n n a w N .-• o r r l■ p• p • ••NO h p "m .t1 ••o.rr n ro ~ { r r r 6 6 a p 0 O o a . 1• .1 r a.mt y p o.�arma � o ■ M ro • W 1 • �uN a i ro • pwr r so 0 rowne o WaK ►.O 6n■ N a n I •►1 S• •ROB O Y Y n, O t+n • 1r a n F+M Nr1 p 'nv ,• r.Wo w •a.r. ronmr r P. �•� s. c a~ � a a w n y • 4 n * • < O M Y Maio er-ft o • N■ O a MV••i i►np p • a p a • o M • . 4, �M 6r • •q CD S r M i w C/� n .1 O . d a o. e 409.491 RESIDENTIAL r 0 .p 00 07 (r 0 n v x O H H N x T � N pC ~ On H a. H. H O .x m 07 m z 1 m 01 � N m p li ��.. D 0 D v O 3 3 O -n n F� m1 D D QZ -i 0 O 0 3 m 0 © D � (7 D Z -q © D 30 z 1 D .a O T1 FAW u 0, O3 3 m X 0 [:7y/d 0 O P3 OV $ H m 09 N :r F•+ C•1 F+ OD O b a 0 O' Ln'rn rr �C m N O w G O n rr a O ? r V I.d O O K 7a n m 01 In CL O rr O aQ m • m a ' � w N O 1p a' 00 �p r► W 0 dr MI rr m � R! F+ r► td 0 M M 1+ O to A m F* A 'O R (b W H 0 M N 1.1. • D r 0 O x ic m A a r ZPdw O t=7 C H N bd H O C " z 1.4 x H c a H x0to O Y-�H c�xr0 H 9 x 0 W x bd H tv cn m a ra 7d H Cl to • H N y Om(y Z x %0 • :3C 00 a ro �abr c a O ►++ x x0 M 91 C*) a 0 L-4 O rn x m EXHIBIT C Page 1 LAND DESCRIPTION LOT 1 A parcel of land located in the SW1 /4NE1 /4 of Section 12, Township 5 South, Range 82 West of the Sixth Principal Meridian, Eagle County, Colorado, more particularly described as follows: Beginning at a point on the Southerly right of way line of the Denver and Rio Grande Western Railroad and on the Easterly right of way of Avon Road from which the center of Section 12 bears S32 °50'23 "W, 540.64 feet; thence departing from the Avon Road right of way and continuing along the Southerly railroad right of way S65 °55'30 "E, 444.20 feet; thence departing from the railroad right of way S24 013'30 "W, 171.42 feet; thence N60 048'18 "W, 7.79feet; thence along a curve to the right an arc length of 9.95 with a radius of 275.00 feet having a central angle of 02 004'20" whose chord bears N59 046'08 "W, 9.95 feet; thence N58 043'58 "W, 220.83 feet; thence along a curve to the right an arc length of 34.52 feet with a radius of 325.00 feet, having a central angle of 06 °05'10" whose chord bears N55 041'23 "W, 34.51 feet; thence N52 °38'48 "W, 142.80 feet to a point on the Easterly right of way of Avon Road; thence continuing along the Avon Road right of way along a curve to the left an arc length of 108.60 feet with a radius of 1195.90 feet having a central angle of 05 012'11" whose chord bears N05 047'15 "E, 108.56 feet to the point of beginning. The described parcel contains 1.382 acres. Basis of bearings: the Southerly line of the Denver and Rio Grande Western Railroad right of way S65 °55'30 "E. LAND DESCRIPTION LOT 2 A parcel of land located in the SW1 /4NE1 /4 of Section 12, Township 5 South, Range 82 West of the Sixth Principal Meridian, Eagle County, Colorado, more particularly described as follows: Beginning at a point on the Easterly right of way of Avon Road from which the center of Section 12 bears S08 °30'19 "W, 447.68 feet; thence departing from the Avon Road right of way S52 038148 "E, 142.80 feet; thence along a curve to the left an arc length of 34.52 feet with a radius of 325.00 feet having a central angle of 06 °05'10" whose chord bears S55 °41'23 "E, 34.51 feet; thence S58 043'58 "E, 220.83 feet; thence along a curve to the left an arc length of 9.95 feet with a radius of 275.00 feet having a central angle of 02 004'20" whose chord bears S59 046'08 "E, 9.95 feet; thence S60 048'18 "E, 7.79 feet; thence S24 013'30 "W, 50.19 feet; thence N60 048'18 "W, 12.14 feet; thence along a curve to the right an arc length of 11.75 feet with a radius of 325.00 feet having a central angle of 02 004'20" whose chord bears N59 °46'08 "W, 11.75 feet; thence N58 °43'58 "W, 220.83 feet; thence along a curve to the right an arc length of 39.83 feet with a radius of 375.00 having a central angle of 06 °05'10" whose chord bears N55 °41'23 "W, 39.82 feet; thence N52 038'48 "W, 58.14 feet; thence along a curve to the left an arc length of 54.50 feet with a radius of 54.50 feet having a central angle of 57 °17'33" whose chord bears N81 °17'34 "W, 52.25 feet to a point on the Avon Road right of way; thence continuing along the Avon Road right of way N10 °39100 "E, 37.30 feet; thence along a curve to the left an arc length of 47.20 feet with a radius of 1195.90 feet having a central angle of 02 015'40" whose chord bears N09 031'10 "E, 47.19 feet to the point of beginning. The described parcel contains 0.480 acres. Basis of bearings: the Southerly line of the Denver and Rio Grande Western Railroad right of way S65 °55'30 "E. LAND DESCRIPTION EXHIBIT C LOT 3 Page 2 A parcel of land located in the SW1 /4NE1 /4 of Section 12, Township 5 South, Range 82 West of the Sixth Principal Meridian, Eagle County, Colorado, more particularly described as follows: Beginning at a point on the Easterly right of way of Avon Road and on the centerline of the Eagle River from which the center of Section 12 bears S05 °15144 "W'p 218.23 feet; thence departing from the centerline of the Eagle River and continuing along the Avon Road right of way N04 °32'00 "E, 96.80 feet; thence N35 046100 "E, 35.30 feet; thence N10 °39'00 "E, 17.40 feet; thence departing from the Avon Road right of way along a curve to the right an arc length of 54.50 feet with a radius of 54.50 feet having a central angle of 57 017'33" whose chord bears S81 017'34 "E, 52.25 feet; thence S52 038'48 "E, 58.14 feet; thence along a curve to the left an arc length of 39.83 feet with a radius of 375.00 feet, having a central 'angle of 06 °05110" whose chord bears S55 °41'23 "E, 39.82 feet; thence S58 °43'58 "E, 220.83 feet; thence along a curve to the left an arc length of 11.75 feet with a radius of 325.00 feet having a central angle of 02 °04'20" whose chord bears S59 046'08 "E, 11.75 feet; thence S60 048'18 "E, 12.14 feet; thence S24 013130 "W, 22.75 feet; thence N57 033'53 "W, 23.27 feet; thence N62 052'10 "W, 184.79 feet; thence S24 013'30 "W, 50.87 feet to a point on the centerline of the Eagle River; thence continuing along the centerline of the Eagle River N82 040'35 "W, 158.75 feet to the point of beginning. The described parcel contains 0.630 acres. Basis of bearings: the Southerly line of the Denver and Rio Grande Western Railroad right of way S65 055'30 "E. LAND DESCRIPTION LOT 4 A parcel of land situated in the East Half of Section 12, Township 5 South, Range 82 West of the Sixth Principal Meridian, Town of Avon, Eagle County, Colorado, more particularly described as follows: Beginning at a point on the Southerly right of way of the Denver and Rio Grande Western Railroad from which the Brass Cap set for the center of Section 12 bears S52 033145 "W, 607.93 feet; thence along the railroad right of way S65 055130 "E, 912.78 feet to a point on the center section line; thence along the center section line N89 °52'42 "W, 123.15 feet; thence departing from the center section line S65 °55'30 "E, 161.45 feet to a point on the East line of the NW1 /4SE1 /4; thence along the East line of the NW1 /4SE1 /4 N00 009'06 "W, 54.83 feet; thence departing from the East line of the NW1 /4SE1 /4 S65 °55'30 "E, 551.18 feet; thence departing from the railroad right of way S24 °36152 "W, 408.49 feet to the center of the Eagle River; thence continuing along the center line of the Eagle River N51 033'00 "W, 348.00 feet; thence N76 000100 "W, 797.00 feet; thence N56 °12'35 "W, 358.57 feet; thence N37 028'30 "W, 249.75 feet; thence departing from the center line of the Eagle River N24 °13130 "E, 50.87 feet; thence S62 052'10 "E, 184.79 feet; thence S57 033'53 "E, 23.27 feet; thence N24 013'30 "E, 244.36 feet to the Point of Beginning. The described Parcel contains 13.885 acres. Basis of bearings: the Southerly line of the Denver and Rio Grande Western Railroad right of way S65 °55130 "E.