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TC Ord. No. 1982-03r TOWN OF AVON ORDINANCE NO. #_82- 3 Series of 1982 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 there- from to the Town Council; and WHEREAS, the owner of more than fifty percent of the real property proposed for annexation, exclusive of the streets and alleys, is Confluence at Beaver Creek, 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; 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. Section2,.' 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 boundaries 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 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. -2- (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 in hereby annexed to the Town of Avon, Colorado. Section 4: Effective Date. The annexation and this ordinance shall take effect 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 containing 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, AND ORDERED PUBLISHED ONCE IN FULL, this 2~25~ay o 1982, and a public hearing on this ordinance shall be held at the regular meeting of the Town Council of the Town of Avon, Colorado, on the day of 1982, at 3a p.m. in the Municipal Offices of the Town. -3- nmm~em. INTRODUCED, PASSED, READ ON SECOND READING, APPROVED AND ORDERED PUBLISHED BY TITLE ONLY THIS DAY OF 1982. Mayor ATTEST: Deputy Town Clerk -4- .kl 0 0 DESCRIPTION OF PROPERTY TO BE ANNEXED: A tract of land situate in the County of Eagle. State of :to-W1 t: ILocated'in the South 1/2 of the Northwest 1/4, the South 146f'the Northeast 1/4, the.North 1/2 of the Southwest 1/4 and 'the N firth 112 of the Southeast 1/4 of Section 12, Township 5 South. Range!" 82' *it of the (sixth principal meridian, being yore particularly described as,followe: ;Considering the east line of the KV 1/4 as bearing N 000 Q6' 14' E and G~. aherein relative thereto: 1cing at the center corner of said Section 12; thence, ,N 17' 33' 10' E, 1637.67 feet to a point on the north right-of-gray line of the Danver, and ; ;Rio Grande Western Railroad, said point also being the southeast.corner of Avon Mad Tract 'E' of Benchmark at Beavercreek Subdivision, Rirised Final Plat, Eagle Ceenty, Colorado, as recorded with the Eagle'Coun4y 'Clerk and Recorder and being the True Point of Beginning. Thence. S 65° 58' 08' E. 150.39 feet along the said railrekd right-of-way line; thence. S 24° 01' 52" W. 100.00 feet to a point on the south railroad right-of-way line; thence, N 65° 58' 08" W, 236.78 feet along the south railroad right-of-way line to a point on the east right-of-way line of Avon Road; thence. 155.59 feet along the arc of a non-tangent curve to the right with a radius of 1201.84 feet, central angle of 01° 25' 03", and whose-long chord bears S 06° 50' 23" W. 155.48 feet; thence, S 10° 32' 54" W, 54.70 feet; thence, S 35° 39' 54" W, 35.30 feet; thence, ; 5 44° 25' 54" W, 140.80 feet; thence, S 03' 48' 54" E, 80.50 feet; thence.S 13° 03' 54" W, 95.60 feet to the center corner of Section 12; thence, S 00° 10' 54" E. 44.50 feet to a point on the north right-of-way line of Colorado State Highway 6 b 24; thence, along the said highway right-of-way line 159.40 feet along the arc of a curve to the left with a radius of 3.870.00 feet, central angle of 02° 21' 36", and whose long chord bears N 75° 45' 54" W, 159.39 feet; thence, leaving the said highway right-of-way line and continuing along the west right-of-way line of Avon Road N 10° 32' 54".E. 130.10 feet; thence, N 18° 20' 53" E, 124.61 feet; thence, leaving the said right-of-way line of Avon Road and continuing along the following courses and distances of the approximate centerline of the Eagle River: S 85° 58' 54" W, 225.41 feet, S 85° 23' 48" W, 162.21 feet, N 82° 03' 45" W, 214.88 feet, N 54° 19' 56" W. 187.29 feet, N 50° 47' 24" W, 154.96 feet, N 44• 17' 20" W, 152.41 feet, N 48° 24' 11" W. 293.81 feet, N 50. 27' 44" W, 455.67 feet, N 57° 59' 37" W, 341.00 feet, N 48° 46' 06" W, 132.70 feet, to a point on the south boundary of Tract "H" of said Benchmark at Beavercreek Subdivision, Revised Final Plat, Eagle County, Colorado, said line being the north line of the S 1/2 of the tai 1/4 of said Section 12; thence, along said line N 89° 50' 48" E, 701.30 feet to a point on the north right-of-way line of said Denver and Rio Grande Western Railroad; thence, along said railroad right-of-way S 00° 05' 10" W, 26.86 feet; thence. S 65° 58' 08" E, 1668.68 feet to the True Point of Beginning. The above tract contains 25.408 acres and is subject to all easements or rights-of-~tsay of record. • i STATE OF COLORADO ) COUNTY'OF EAGLE ) SS TOWN OF AVON ) 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 9TH DAY OF MARCH, 1982 AT THE.-MUNICIPAL BUILDING, 400 BRNCHMARK ROAD, AVON, COLORADO, 81620 FOR THE PURPOSE OF CONSIDERING THE ADOPTION OF ORDINANCE NO. #82-3, SERIES OF'1982 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 VbRTH'FINDINGS AND CONSL_USIONS AND OTHER DETAILS THERETO. A copy of said Ordinance is on file at the office of the Town Clerk and may be inspected during regular business hours. This notice given and posted by order of the Town Council of the Town of Avon, Colorado. Dated this'27TH day of January, 1982.. TOWN OF AVON atricia J: Doy e', Town Clerk POSTED:'AT THE FOLLOWING,PUBLIC PLACES WITHIN THE TOWN OF AVON ON JANUARY 27, 1982: THE NORTHEAST SIDE OF THE BENCHMARK SHOPPING CENTER, AVON POST OFFICE, THE.MAIN ENTRANCE OF CITY MARKET, THE' PES'T'ER GAS STATION; AND THE MUNICIPAL BUILDING, 400 BENCHMARK ROAD IN THE MAIN LOBBY