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TC Ord. No. 1982-09'j rRvsOrdNl TOWN OF AVON ORDINANCE NO. 82-9 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 submitte& 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 real property proposed for annexation, exclusive of the streets and alleys, is Nottingham Ranch Co.,- a Colorado-limited 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. Section 2. Tentative Findings. The Town,Council tentatively finds, upon review of the above-referenced-petition-(but subject to c!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 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, AND ORDERED PUBLISHED ONCE IN FULL, thi ,,Z day of 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 7:30 p.m. in the municipal offices of the.Town. i Ma -3- INTRODUCED, PASSED, READ ON SECOND READING, APPROVED AND ORDERED PUBLISHED BY TITLE ONLY THIS DAY OF , 1982. Mayor ATTEST: Town Clerk -4- t 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 11TH DAY OF MAY 1982 AT THE MUNICIPAL BUILDING, 400-BENCHMARK ROAD, AVON, COLORADO FOR THE PURPOSE OF CONSIDERING THE ADOPTION OF ORDINANCE N0.#82-9, 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 CON- CLUSIONS AND OTHER DETAILS THERETO. 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 pas'sed.by order of the Town Council of the Town of Avon, Colorado. Dated this 24th day of March, 1982. B TOWN OF AVON, atrlcla J. Dom-Le, POSTED AT-THE FOLLOWING PUBLIC PLACES WITHIN THE TOWN OF AVON ON MARCH 25, 1982: THE NORTHEAST SIDE OF THE BENCHMARK SHOPPING CENTER,_AVON POST OFFICE,. THE MAIN ENTRANCE TO CITY MARKET, THE PESTER GAS STATION; AND THE.MUNICIPAL BUILDING IN THE MAIN LOBBY n