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TC Ord. No. 1982-15C. TOWN OF AVON ORDINANCE NO. X682-15 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 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; and 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 TG,%m 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 .i TOWN OF AVON, COLORADO, THAT: Section%J. 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 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 comprisingFtwenty 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. (C) No election is required under Section 31-12-107(2), C.R.S. 1973, as amended. -2- (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 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 25th day of May , 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 13th day of ._;.'s July , 1982, at 7:30'p.m. in the Municipal Offices of the Town. Mayor -3- 6 0 INTRODUCED, PASSED, READ ON SECOND READING, APPROVED AND ORDERED PUBLISHED BY TITLE ONLY THIS DAY OF , 1982. Mayor ATTEST: Town Clerk -4- w EXH IBITT "A" (Page 1 of 2) LEGAL DESCRIPTION-- PARCEL A: A part of Section 12, Township 5 South, Range 82 West of the Sixth Principal Meridian, Eagle County, Colorado, more particularly described as follows, with all bearings being relative to the Final Subdivision Plat of Benchmark at Beaver Creek, Amendment No. 4: Beginning at the Southwest corner of Tract F. Block 2, Benchmark at Beaver-Creek, said point also being on the North right-of-way line of the Denver and Rio Grande Western Railroad; thence along said right-of-way line S 65°58!08" E 532.73 feet; thence S 24°01'52" W 100.00 feet to a point on the South right- of-way line of said railroad, said point being the Northeast corner of a parcel•of.land described in Book 213, Page 247 of the Eagle County Records; thence N 65°58'08" W 235.91 feet along-said South right-of-way line and the North line of said parcel to a point on the East right-of-way line of Avon Road; thence continuingN 65°58'08" W and along said railroad right-of- way line-,a, -distance-of -.10.7.79-,feet to. -a..-point . on the-West right-of-way line of Avon Road; thence continuing along said railroad right-of-way line N 65°581-08" W, 189.03 feet; thence N 24°01'52" E 100.00 feet to the Point of Beginning, containing. 53,273 square feet or 1.223 acres more or less. EXHIBIT "A" (Page 2 of 2) LEGAL DESCRIPTION - PARCEL B: A part of Section 12, Township 5 South, Range 82 West of the Sixth Principal meridian, Eagle County, Colorado, more particularly described as follows, with all bearings being relative to the Final Subdivision Plat of Benchmark at Beaver Creek, Amendment No. 4:- Beginning at a point on the South right-of-way line of the Denver and Rio Grande Western Railroad, from whence the Southwest corner of Tract F, Block 2, Benchmark at Beaver Creek bears N_38005122' W 213.85 feet, said point also being on the West right-of-way line of Avon Road; thence S 65°58.08' E . along said railroad right-o'.O=way line 107.79 feet to a point on the East right-of-way line of Avon Road, said point.being the Northwest corner of a parcel of land described in.Book.213, r Page 247 of the Eagle County Records; thence continuing-along * said railroad right-of-way line and the North line of said. Parcel S 65°58'08".E 235.91 feet to the Northeast corner of said parcel; thence S 24001952' W-alongthe East line of said .parcel a`distance of 279.53 feet to a point on the-approximate centerline of the-Eagle River; thence _N - 82 °56' 42' W 159.31 feet along said centerline and the South line of said parcel-to a point on the East right-of-way line of Avon Road; thence along. said right-of-way line the following four courses: 1) S 04°26'30' W 45.74 feet; 2) 5.03°49130" E 80.5 feet; 3) S.13004930= W 95.60 feet to the center 1ofsaid -Section 12, being a-brass cap monument found in.place; 4) S 00°25'26" W 44.50 feet,to a point on the North right-of-way line of O.S. Highway 6 and 24; thence 158.97_feet along the arc of a 3879.00 foot radius curve to the left with a central angle of 02'20.53', a tangent of 79.50 -feet .and .a long chord bearing`:N .75°45'48' M 158:96 feet to a point on-the East line of a parce3L of land.described.in Book .226 , page 769 , of - the Eagle County Records; thence -along said East•line the-following three courses: 1) N 11010910" E'130.10 feet= 2) 'N 43049930" E 92.60 feet; 3) N 11010010" E 54.14 feet to a point .on:the.approxi- mate centerline of the Eagle River;. thence along said centerline S 86°361050 W 36.99 feet to.a. -on:the West right-of-way line of Avon Road; thence along said ,Point .,right-of-way line the following four courses: g+ l) .-N 09°25'30' L 94.37 feet= 42'34'00' E 37.70 *feet; ` : 3) N 10'33930"." E 154.70 feet to_ a point' of . curvarture~ 4?.s181._29 feet along-the arc-of a 1095:90 foot radius curve to the left with a central-angle of 09.28142•; a tangent of-90.85 feet and a long chord which.bears N 05°49'09' E a distance of 181.09 'feet, - w to the Point of Beginning,'containing 1270971'square feet-or 2.938 acres more or less. t fi • STATE OF COLORADO ) COUNTY OF EAGLE. ) SS TOWN OF AVON ) A 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 13TH DAY OF JULY, 1982 AT THE MUNICIPAL BUILDING, 400 BENCHMARK ROAD, AVON, COLORADO FOR THE PURPOSE OF CONSIDERING THE ADOPTION OF ORDINANCE NO.#82-15,' 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. A copy of said ordinance is attached hereto and.is also on file at the office of the town clerk and may be inspected furing 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 27th' clay of May, 1982. POSTED AT THE FOLLOWING. PUBLIC-PLACES'WITHIN THE TOWN OF AVON-ON MAY 27,'1982: THE AVON POST OFFICE IN THE MAIN LOBBY, THE MAIN ENTRANCE'OF CITY-MARKET, THE PESTER GAS STATION; AND THE.MUNICIPAL BUILDING IN THE MAIN LOBBY - - _ _ Yc_ - y. n - - ~ .