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TC Ord. No. 1983-40Y TOWN OF AVON ORDINANCE NO. 83-40 Series of 1983 AN ORDINANCE. ANNFDIING TO THE TOWN' OF; AVON A PARCEL, 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 a parcel 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 Tenn Clerk of the Town of Avon and referred therefrom to the Town Council; and WHEREAS, the owner of one-hundred percent of the real property proposed for annexation, exclusive of the streets and alleys, is Grace Jenkins White; 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- the ownerof one-hundred percent 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. 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 a parcel 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), C.R.S. 1973, as amended. (B) The petition was signed by the owner of one hundred percent of the area proposed to be annexed, exclusive of streets and alleys. Section 2. Findings. The'Town Council finds, upon review of the above- referenced 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. (C) No notice, hearing or election is required under Sections . 31-12-108 through 31-12-110, C.R.S. 1973, as amended. (D) Pursuant to the agreement between Grace C. White and the Town of Avon, the subject property is to be rezoned to FEW concurrently. with this annexation. Section 3. Annexation. Subject to the concurrent rezoning of the subject property to RIIDC, the real property described as a parcel of land located in Section 12, T. 5 South, Range 82 W. of the 6th P.M., Eagle County, Colorado, and more particu- larly 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. - 2 - IlVTRODUCED, PASSED, READ ON FIRST READING, APPROVED, AMID ORDERED PUBLISHED ONCE IN FULL, this day of , 1983, 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 1983, at 7:30 p.m. in the Municipal Offices of the Town. Mayor ATTEST: Town Clerk INTRODUCED, PASSED, READ ON SECOND READING, APPROVED AND ORDERED PUBLISHED BY TITLE ONLY THIS DAY OF , 1983. Mayor Town Clerk - 3 - TOWN OF AVOID RESOD mai NO. 83-54 A RESORPTION APPROVING A PFTITION FOR ANNEXATION TO .TOWN OF AVON OF A PARCIL 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 DLTAII.S THERETO. WHEREAS, a petition for annexation to the Town of Avon of a certain parcel of real property, being a parcel 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 one hundred percent of the real property proposed for annexation, exclusive of the streets and alleys, is Grace Jenkins. White; and W1UU;EAS, in accordance with Section 31-12-107(1)(g), C.R.S. 1973, as amended, the Town Council may by ordinance annex the above specified property without notice, hearing or election, as provided in Sections 31-12-108 through 31-12-110, C.R.S. 1973, as amended; and W EPEA.S, 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. NOW, THEREFORE, BE IT. RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF AVON, OOIORADO, 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 a parcel 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), C.R.S. 1973, as amended. (B) The petition was signed by the owner of one hundred percent of the area proposed to be annexed, exclusive of streets and alleys. s (C) The petition is conditional on the rezoning of the area proposed to be annexed to RHDC, concurrently with the annexation into the Town of Avon, to which condition the Town of Avon consents and agrees to. Section 2. Publication. This Resolution shall be published once a week for four successive weeks in the Vail Trail, or another newspaper of general circulation in Eagle County, conanencing no later than 1983. Section 4. Effective Date. This Resolution shall be effective immediately. PASSED AMID ADOPTER THIS day of , 1983, in Avon, Eagle County, Colorado. Mayor ATTEST: Town Clerk - 2 - BEFORE THE TOWN OF AVON STATE OF COLORADO LN THE MATTER OF THE PROPOSIID ) ANNEXATION OF MMICORPORATED ) 7MMUTIORY M THE COUNTY OF ) PETITICtI EAaE, STATE OF COLORADO, TO THE TM-N OF AVON, COLORADO ) (A Fexcel of land located in Section 12, T. 5 South, Range 82 W. of the 6th P.M., Eagle County, Colorado.) TO THE HONORABLE TOW COUNCIL OF THE MIN OF AVON: The undersigned, as the owner of 100% of the land in the area to be annexed, exclusive of streets and alleys, in accordance with the Colorado Municipal Annexation Act of 1965, as amended, hereby petitions 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 petitioner alleges that: (1) The undersigned is the owner of 100% of the land in the area - proposed to be annexed, excluding streets and alleys, 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 ccmmmity of interest exists between the-territory proposed to be annexed and the Town of Avon; (5) The territory to be annexed is urban or will be urbanized 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 cmprising twenty acres or rare, with a valuation for assessment in excess of $200,000 for ad valorem tax , purposes, has been included without written consent of the landowners; (9) No annexation resolution pursuant to Section 31-12-105, C.R.S. 1973, as amended, and no annexation petition or petition for an annexation election pursuant to Section 31-12-107, C.R.S. 1973, as amended, has been ccmmenced for the annexation of part or all of such territory to another existing municipality; (10) This proposed annexation will not result in the detachment of area from any school district; (11) The mailing address of the signer of this petition and the date of signing are affixed to the petition; (12) .Attached to this petition is the affidavit that the signature hereon is the signature of the person whose name she purports to be; (13) 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; (c) A showing of 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 and the bearings of the boundaries of said area. This Petition is made concurrently with a request for the rezoning of the territory proposed to be annexed and is specifically conditioned on said territory being zoned ;RMC and the zoning map of the Town of Avon being appropriately amended to reflect such zoning effective concurrently with the annexation of said territory into the Town of Avon. The Petitioner respectfully requests hereby that the Town Council of the Town of Avon, Colorado, make a finding of substantial compliance for this petition and cmr ence proceedings for and approve the annexation of the subject territory. - 2 - Mlill,ING ADDRESS OF PETITIONER: Grace Jenkins `4hite P.O. Box 169 Awn, Colorado 81620 STATE OF COLORADO) ) ss. CMTrY OF EAGIZ ) Petitioner: IALIf ---e Grace Jq&ins White Edward F. - gees by Grace'White, Attorn -in-Fact .;The foregoing instrument was acknowledged before me thisz,)6' day of _ , 1983, by Grace Jenkins White.. Witness my hand and seal. My cmmiission expires: /iI(1'71.-'t'! / Notary Public i - 3 - Z~qvler4 LEGAL DESCRIPTION A parcel of land located in the Northwest One-Quarter of the Southeast One-Quarter (N1134, SEW of Section 12, Township 5 South, Range 82 West of the Sixth Principal Meridian accordinq to the Deoendent Resurvey and Survey of said Township and Range as approved on September 7, 1977; said parcel of land being more particularly described with all bearings herein being re- lative to the platted bearing of the West Line of said NW;, SEk, to wit: Beginning at a point on the :forth Line of U. S. Highway No. 6- from which the Northwest Corner of said NWQ,SE; bears N.65°26'21"W. 365.72 feet distant; thence along said North Line 173.73 feet along the arc of a curve to the right having a radius of 3870.00 feet, the chord of which bears N.70°46'29"W. 173.72 feet to a point on the approximate centerline of Beaver Creek; thence along said approximate centerline the following three courses and distances: 1) 1I.690251 45" E. 39.80 feet 2) N.37°26' 46" E. 36.24 feet 3) N.14°16' 06" E. 53.67 feet to a point on the North Line of said NA,SE; of Section 12; thence along said North Line S.89059'26"E. 56.79 feet to a point on the approximate centerline of the Eagle River; thence along,said approximate centerline the following three courses and distances: 1) S.37028' 30" E. 0.42 feet 2) S.56012' 35" E. 358.57 feet 3) S.76°00' 00" E. 737.55 feet to a point on the East Line of said NWQ,SEn of Section 12, the Witness Corner of which bears 5.00°15'03"E. 132.02 feet distant; thence along said East Line S.00015'03"E. 247.02 feet to-a point on the Northerly .Right-of-Way Boundary of U. S. Highway No. 6; thence alone said Boundary N.63°11'04"W. 690.15 feet; thence 325.60 feet along the arc of a curve to the left having a radius-of 3880.00 feet, the chord of which bears N.65°35'19"W. 325.50 feet; thence N.74°23'04"W. 101.67 feet to the point of beginning. Said parcel of land contains 3.5735 acres, more or less. 77 Date JK/80%097 David L.'Kunkel R.L Honorable Mayor and Town Council Town of Avon, CO Gentlemen: I, Grace Jenkins White, owner of the property located east of Avon Road and U.S. Highway 6 intersection and north of U.S. Highway 6 and legally described in the attached Legal Description respectfully request the rezoning of my property in the County to RHDC; said property to be used for office and residential dwellings. I believe this zoning change should be made for reasons described in the attached Description of Application. Respectfully suhanitted, ~!T • o ~ • i ~ ~ --mot Grace Jenkins White, Owner j P.O. Box 169, Avon, CO 81620 (Petitioner's address) (303) 949-5563 (Phone number) Agent for Applicant: 16 -0 Knight Planning Service Terrill Knight P.O. Box 947 Eagle, CO 81631 (303) 328-6371 Edward F./ Rodgers, by Grace White, Attorney-in-Fact 0 0 I I 4~ioZi r,~ o 1 0` J I ~ ~ T. s DESCRIPTION OF APPLICATION This application involves property which is in the process of annexation into the Town of Avon; therefore this is to become the initial town zoning on the property. The vicinity of this property is characterized by considerable new development. Both high density development projects, either currently under construction or completed, and high density zoning are prevalent along the U.S. Highway 6 corridor. Original density allocations in the Eagle/Vail P.U.D. are concentrated in the vicinity of the subject property as well as recently approved zoning in the County and Town of Avon on the east, south and north. Coamiercial uses occur to the west. The Avon Road/Highway 6 intersec- tion is the focus of intensive use development. The property is well suited for Highway business and office uses with scone areas desirable for residential use due to the Eagle River frontage. As described on the attached maps the land lies in a strip along the Eagle River on the north and Highway 6 on the south. The relatively narrow configuration of the parcel confines development to a degree such that no major large scale uses are anticipated. A mix of office use mixed with some residential dwell- ings is suggested. The primary aesthetic asset is, of course, the Eagle River with the traffic associated problems of the highway being both a negative aspect and the key access point. As the property is well below the highway and well vegetated very little visual impact will be experienced by surrounding properties. Of the total acreage of 3.5735 acres the useable portion is only 1.6603 acres which becomes the de facto density and use control mechanism. Coupled with this relatively small amount of land the proposed mixed use is quite ccn patible with the adjacent neighborhood and the larger vicinity. Water, sewer and electric power are prevalent in the area. Extensions will be necessary to directly serve the property but adequate capacity exists in the immediate area. a_,A~j AAIAIEXATION MAP OF THE WHITE ANNEXATION TO THE TOWN OF AVON LEGAL DESCRIPTION LOCATED /A/ THE NW 114 OF THE SE 114, A parcel of land located in the Northwest One-Quarter of SECT10A1 12, TOWNSHIP 5 SOUTH, RANGE the Southeast One-Quarter (9A4$,SEk) of Section 12, Township 5 South, Range 82 West of the Sixth Principal Meridian according 82 WEST OF THE 6rH P.M., EAGLE COUNTY, to the Dependent Resurvey and Survey of said Township and Range as approved on September 7, 1977: said parcel of land being COLORADO more particularly desctibed with all bearings herein being re- lative to the platted bearinq of the West Line of said NWh, SEE, to wit: Beqinning at a point on the north Line of U. S. Highway No. 6 from which the Northwest Corner of said NWh,SEh bears N.65°26'21"W. 365.72 feet distant; thence along said North Line 173.73 feet along the arc of a curve to the left having a radius of 3870.00 feet., the chord of which bears N.70°46'29"W. 173.72 feet to a point on the approximate centerline of Beaver Creek; thence along said approximate centerline the following three courses and distances: 1) 11.69025145"E. 39.80 feet T4 Ts ~ fi+'1" 2) N.370261460E. 36.24 feet CENTER COR. 3) N.14616106"E. 53.67 feet SEC. 7 (UNMARKED) to a point on the North Line of said NWh,SE11 of. Section 12; BRASS CAP FOUND \ VIQA thence along said North Line 5.89159'26"E. 86.79 feet to a point on the approximate centerline of the Eagle River; thence T4 S.B9°5926E. /340.lS' \ 'yQ~ along said approximate centerline the following three courses 241.12 REBAR it PLASTIC CAP and distances: ti6 Ss L-S. 9337, FOUND \ T 1) 5.37028'30"E. ().42 feet TI 62'`w ~ti 'z \ \ R 2) 5.56012135"E. 359.57 feet 3) 5.76000'00"E. 737.55 feet 366 ~ V \ \ i - / e. L30, P. 254 \ / . 0. B. V - v' \ HIGHWAY T6 SB p 0 P ROW MONUMENTS 4AGC FOUND TOWN OF AVON - 1 i m w N BOUNDARY (38.5.1. CONTIGUOUS) M m iii BEAVER c C$ S 2 -00,00 CREEK S 6 i. . ~ ER I y e V JJ~ '3off ,V • 6 3.5735 AC. ~a GRACE WHITE PARCEL OR N N PROPOSED ANNEXATION W.C. REBAR f ALUM. CAP- - : -.,-..._.w L.S. 4551, SET 6 h, ~J' O O oh m~ T_ Rl-BAR / ALUM. CAP Li NW 114, SE 1142 L 5 4551, SET SECTION /2 1 /00, JX1831097 W O O 0 50 !00 200 800 SURVEYOR'S NOTES: p DRAWN BY 5. 5C077" 09/1Z/83 W [ f O 1) The bearings, shown hereon, are based on a bearing of vi N.00°14'00"W. for the West Line of the NW1/4,SE1/4 of O .1 ! Section 12. h 2) //i/i,11111 indicates the boundary of the proposed 1- annexation that is contiguous to the 0 Y~ Town of Avon boundary O ul SW COR., NW I/4, SE 114, 3) Survey Date: September 1980 SEC. 12, BRASS CAP FOUND - t i- i_-.-__J- ` r t /J i. i j 1 t i }4- 7 o+"jam , SE' COR. NW 114, SE 114 -i-- - 1 SEC. 12, BRASS CAP, FOUND OFF LINE TABLE I T Chord Bearing Distance T1 N.69°25'45"E. 39.80' - - _ - r- - - - - - ems- _ ~ Y . T2 N.37026146"E. 36.24' T3 N.14°16'06"E. 53.67' \ = 3 a"" T4 5.89°59'26"E. 86.79' 116 2 r , TS S.37028130"E. O.A2' T'L N-74°23'04"W. 101.67' Y a SI~ ~ cc C 7 .o CURVE TABLE 20695 M L \ °P 4 , 4• C Chord Distance Radius Are Delta Tangent . ,','~~ON NHINII tS<'3%* C1 N.70°46'29"W. 173.72 3870.00 173.73 02034820" 86.88 C'2 N.65°35'19"W. 325.50 3880.00 325.60 04048129' 162.89 vIcINIry MAP 22000, Johnscm, Kunkel & Associates, inc. LAND 5URVEVING • CIVIL ENGINEERING - MAPPING P.O. Box 409 • 113 East 4th Street Eagle, Coloodo 81631 • Phone: )303) 328-6368