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TC Ord. No. 1981-38Recorded at 11:30 A.M. February 11;.1982 Fee $15.00pd 23276 Recorder ~ohnnette Phillips . Eagle Count Book-336 ~Rvs OrdNl Page 408 12/07/81(l) TOWN OF AVON ORDINANCE NO. &I- 3 f( Series of AN ORDINANCE ANNEXING TO THE TOWN OF AVON TWO CONTIGUOUS PARCELS OF LAND LOCATED IN SECTION 12, T. 5 SOUTH, RANGE 82 W. OF THE 6TH P.M., EAGLE COUNTY, COLORADO; AND SETTING FORTH FINDINGS AND CONCLUSIONS AND OTHER DETAILS THERETO. WHEREAS, a petition for annexation to the Town of Avon of a certain parcel of real property, being two contiguous parcels of land, located in Section 12, T. 5 South, Range 82 W. of the 6th P.M., Eagle County, Colorado, more particularly described on Exhibit "A", attached hereto and made a part hereof, has been submitted to the Town Clerk of the Town of Avon and referred therefrom to the Town Council; and WHEREAS, the owner of more than fifty percent of the red property proposed for annexation, exclusive of the streets and alleys, is Nottingham Associates, a Colorado general partnership; and WHEREAS, in accordance with Sections 31-12-107(1)(g) and 31-12-108, C.R.S. 1973, as amended, the Town Council may by ordinance annex the above specified property without election, inasmuch as the petition was signed by more than fifty percent of the owners of the area proposed to be annexed; WHEREAS, the Town Council is of the opinion that the petition should be granted and that the subject real property should be annexed to the Town of Avon; and WHEREAS, the Town Council has this day by resolution set a public hearing to consider the petition and to determine whether the proposed annexation complies with Sections 31-12-104 and 31-12-105, C.R.S. 1973, as amended, and has ordered notice of such hearing to be given by publication, all as provided in Section 31-12-108, C.R.S. 1973, as amended; A NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO, THAT: Section 1. Findings. The Town Clerk of the Town of Avon has referred to the Town Council a petition for annexation of a certain parcel of real property (hereinafter referred to as the "subject property" and as more specifically described in Exhibit "A" attached hereto and incorporated herein by this reference) being two parcels of land located in Section 12, T. 5 South, Range 82 W. of the 6th P.M., Eagle County, Colorado, and the Town Council specifically finds upon review of said petition: (A) The petition is in substantial compliance with the requirements of Section 31-12-107(1)(g), C.R.S. 1973, as amended. (B) The petition was signed by the owners of more than fifty,percent of the area proposed to be annexed, exclusive of streets and alleys. Section 2. Tentative Findings. The Town Council tentatively finds, upon review of the above-referenced petition (but subject to confirmation at the public hearing on the petition): (A) The subject property is eligible for annexation to the Town of Avon in that at least one-sixth of its bounda- ries are contiguous with the Town of Avon, and there is a community of interest between the Town of Avon and the subject, property, and the subject property will be urbanized in the near future, and it is capable of being integrated into the Town of Avon. (B) There are no limitations to the annexation of the subject property to the Town of Avon in that no land held in identical ownership has been divided without the written consent of the landowners thereof, and no land held in identical ownership comprising twenty acres or more with an assessed valuation in excess of $200,000 for ad valorem tax purposes has been included without the written consent of the -2- owner, and no other annexation proceedings have been commenced by another municipality with relation to the subject property, and no area will be detached from a school district by this annexation. (C) No election is required under Section 31-12-107(2), C.R.S. 1973, as amended. (D) No additional terms or conditions are to be imposed upon this annexation. Section 3. Annexation. Subject to confirmation of the tentative findings made in Section 2 hereof at the hearing referenced above, the _ real property described as two parcels of land located in Section 12, T. 5 South, Range 82 W. of the 6th P.M., Eagle County, Colorado, and more particularly described in Exhibit "A" attached hereto is hereby annexed to the Town of Avon, Colorado. Section 4. Effective Date. The annexation and this ordinance shall take effect \\\\\`µ011llill1 1 Mahokl rr L in accordance with the Charter of the Town of Avon and the Town Clerk is directed to file for recording two certified copies of this ordinance and map of the area annexed contain- ing a legal description of such area with the County Clerk and Recorder of the County of Eagle, Colorado. INTRODUCED, PASSED, READ ON FIRST READING, APPROVED, ND ORDERED PUBLISHED ONCE IN FULL, this D day of 11-cam,- 1981, and a public hearing on this ordinance shall Town be held at the regular meetinng,~(~'~Qdofay the of wn Council 19of82, the at fR ~ Colorado, on the 7:3in the Municipal Offices of t e Town -3- L` • INTRODUCED, PASSED, READ ON SECOND READING, APPROVED AND ORDERED PUBLISHED BY TITLE ONLY THIS 1,,q 'DAY OF 1982. ti 4ii1{ft fief „ .t AA fir. L F A AL CO,TT.E~ C C!~;'\ ` Deputy Town Clerk \ Y ` May r -4- DESCRIPTION: A part of the South one-half of the North one-'calf of Section 12, Township 5'South, Range 82 West of the Sixth Princinal Meridian, Eagle County, Colorado, more particularly described as follows: Beginning at the Southeast corner of Lot 22, Block 2, Benchmark at Beaver Creek; thence S 24°nl"52" I•' a distance of lgrl.'') feet to a point on the South right-of-way line of the Denver and Tzio nrande Western Railroad; thence along said right-of-way S 65°58'n8" E 677.83 feet to the Northwest corner of a parcel described in Book 319, Paae 095 of the Eagle County Records; thence S 24°37'52" Ia 372.90 feet along the West line of said parcel to a point on the North hank~of the Eagle giver; thence along said North bank of the Eagle River the following 15 courses: 1) N 37°21'17" 2) N 37021'17" 3) N 41°36'48" 4) N 62°09'57" 5) N 49°59'4A" 6) N 70°35`42" 7) S 77°38'56" 8) N 6900n'28" 9) N 83°55'31" 10) N 59°52- 17" 11) N 68°37'25" 12) S 65°00'56" 13) N 45°36'14" 14) N 37°41'09" 15) N 53°35'35" of a parcel of land Countv Records; 1*7 *30.9 feet; W 65.r,6 feet; IJ 76.13 feet; W 62.63 feet; W 103.87 feet; 1 101.28 feet; W 59.32 feet; W' 17A.60 feet; i•? 252.71 feet; I•' 2,'1.80 feet; 17 128.18 feet; 1' 63.2r) feet; U 233.61 feet; I7 ld7.06 feet; W 72.56 feet to a point on described in Book'213, Page the East line 247 of the Eagle, thence N 2A°01'52" E 237.08 feet along the West line of said parcel;- thence continuing N 24'01'52" E 100.00 feet to a point on the North right-of-wav line of the Denver and Rio r,rande Western Railroad; thence along said right-of-way line S 65°58'08" E in21.77 feet to,the Point of Beginning, containing 15,2n8 scuare feet or 662.4:37 acres more or less. rv. 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O 0' Z7 o Q U I o 0 C L O N ° Q O c a 0 ° m U Q o 0 m ~ cn W a wa 2 L U s- O- m c O y E0 U m E STATE OF COLORADO ) COUNTY OF EAGLE ) SS : TOWN OF AVON. ) PUBLIC HEARING NOTICE IS HEREBY'GIVEN OF A PUBLIC HEARING BEFORE THE TOWN COUNCIL OF' THE TOWN OF AVON, COLORADO, AT 7:30 P.M. ON THE 12TH DAY OF JANUARY, 1982 AT THE MUNICIPAL BUILDING, 400 BENCHMARK ROAD, AVON, COLORADO FOR THE PURPOSE OF CONSIDERING THE ADOPTION OF ORDINANCE NO.#81=38, SERIES OF 1981: AN ORDINANCE ANNEXING TO THE TOWN OF AVON TWO CONTIGUOUS PARCELS OF LAND LOCATED IN SECTION 12,T.5 SOUTH, RANGE 82W.-,OF THE 6TH P.M., EAGLE COUNTY, COLORADO;. AND SETTING FORTH FINDINGS AND CONCLUSIONS AND OTHER DETAILS THERETO. 4- A Copy of said Ordinance,is attached hereto and is also on file at the office of the Town Clerk and may be inspected during regular business hours. Following this hearing, the Council may consider final passage of the Ordinance. This notice given and passed by order of the Town Council of the Town of Avon, Colorado. Dated this 9th day of December, 1981. POSTED AT THE FOLLOWING PUBLIC PLACES WITHIN THE-TOWN OF AVON ON DECEMBER 10, 1981: THE NORTHEAST SIDE OF THE BENCHMARK SHOPPING CENTER, AVON-POST OFFICE, THE MAIN ENTRANCE OF CITY MARKET, THE.PESTER GAS STATION; AND THE MUNICIPAL BUILDING IN THE MAIN LOBBY .r r / __-r}... Jwr..= +w+~' ~ r 70d111o fOBEAFIU(glMS81[ +P**: •.,y, roomminloomp It i 3 A NIVEXATION A PORTION OF THE S 1/2 OF THE N 1/2 OF SECTION EAGLE COUNTY, COLOF - - TO THE TOWN OF AVON, COL01 5 I =1 + i WILDRIDGE WILDWOOD i i WHIT P I RFw CREEK hANCH TOW u s e B z A+-_ler -vy ~~Jfgs, SITE ARROWHEAD BEAVER CREEK I i s VICINITY MAP r t F E S t 1 i  ins instrui-,-.:! :Ic.. ;r r--. ir. i 3 kf,corcier co' tia~L count Col- 3 hVA day of 1,4 ,i 7rt:i +c recn Ydo l in I',9q@ ,q Recep on t(o. 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FINAL SL/BOlI!ISIOiV PLAT BENCHMARK A7 8EAYER CHEEK AMENDMENT NO. 4 LINE BEARIMB DISTANCE - 1 S 24'01'R2'M J00.00 P N 97'1J '!7'N 510.917 9 N 97?J '!7'N 85. Aw - - f 4 N 41'M'48'N 76. J9 5 N 62'06'R7 N 82.69 6 N 48 $9'44'N J09. B7 7 N 7J'SK'A?'N lay. e1B AREA 6 F MOTTINGHAM ASSOCIATES PARCEL -f P. 862 ACRES 550P70 S0. fT. 8 S 77'S1I'AirW 5N. 92 ' 8 N 6w 037 "i r'N JFW. l6 !J s sr .'00 UB'N 49." rOTAI AREA OF ANNEXATIQ'V- 15208 ACRES 662447 SO,, FT !J N B1'jw '.!W' N n. dB ' J2 N 24'J! 'S2 F J00.00 Y~ _t o... P%Pw.,o.,. P O lim c 100 ~ 1490 NAIHa tflrlt woN.r0~a8+NO i~wmo.0010~M 3oaiw~-80w ~ ~ git~a~es-o+w c M" ^ ANNEXATION MAP "A PORTION OF THE SY2 OF THE NY2 hp SEMON I2, T5 S, R B2 W., OF THE 6TH ['rrc~~e q. ✓.n9s EAGLE COUNTY, COLORADO TO THE e.. ^ TOWN OF ANON, COLORADO