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TC Ord. No. 1986-100 0 TOWN OF AVON ORDINANCE NO. 86-10 Series of 1986 AN ORDINANCE ANNEXING TO THE TOWN OF AVON A PARCEL OF LAND LOCATED IN SECTION 12, T. 5 SOUTH, RANGE 82 WEST OF THE 6TH P.M. AND SECTION 7, T. 5 SOUTH, RANGE 81 WEST OF THE 6TH P.M., EAGLE COUNTY, COLORADO; AND SETTING FORTH FINDINGS AND CONCLU- SIONS AND OTHER DETAILS THERETO. Recitals: A. 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. S South, Range 82 West of the 6th P.M. and Section 7, T. 5 South, Range 81 West of the 6th P.M., Eagle County, Colorado, more particularly described in Exhibit A attached hereto ("Property") has been submitted to the Town Clerk of the Town of Avon and referred therefrom to the Town Council, which found, by Resolution No. 86-8 dated the 8th day of April , 1986, that such petition is in substantial com- pliance with the requirements of Section 31-12-107(1) C.R.S. (1973), as amended. B. The owner of more than fifty percent (SO%) of the real property proposed for annexation, exclusive of the streets and alleys, is Eaglebend, a Colorado general partnership; C. In accordance with Sections 31-12-107(1)(g), 31-12-108 and 31-12-109, C.R.S. (1973), as amended, the Town Council may by ordinance annex the Property upon public hearing after proper notice duly given, inasmuch as the petition was signed by the owner of more than fifty percent (50%) of the area proposed to be annexed; and D. The Town Council, after public hearing this 27th day of May, 1986, upon notice duly given pursuant to Section 31-12-108 C.R.S. (1973), as amended, 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 the Property, being a parcel of land located in Section 12, T. 5 South, Range 82 West of the 6th P.M. and Section 7, T. 5 South, Range 81 West of the 6th P.M., Eagle County, Colorado, and the Town Council specifi- cally finds upon review of said petition: r • (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 more than fifty percent (50%) of the area proposed to be annexed, exclu- sive of streets and alleys. (C) The Property is eligible for annexation to the Town of Avon pursuant to Section 31-12-104 C.R.S. (1973), as amended, in that at least one-sixth (1/6) of its boundaries are contiguous with the Town of Avon, there is a community of interest between the Town of Avon and the Property, the Prop- erty is urban and will be further urbanized in the near future, and the Property is capable of being integrated into the Town of Avon. (D) There are no limitations to the annexation of the Property to the Town of Avon, as described in Section 31-12-105 C.R.S. (1973), as amended, 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 (20) 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 munici- pality with relation to the Property, and no area will be detached from a school district by this annexation. (E) No election is required under Sections 31-12-107(2) and 31-12-111, C.R.S. (1973), as amended. Section 2. 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 (2) certified copies of this ordinance and map of the area annexed containing a legal description of such are with the County Clerk and Recorder of the County of Eagle, Colorado. INTRODUCED, READ BY TITLE, AND ORDERED POSTED this 10th day of April , 1986; public hearing to be held the 27th day of _May , 1986 at 7:30 P.M. in the municipal offices of the Town of Avon. ATTES Town C rk Mayor -2- • • READ BY TITLE, APPROVED AND ORDERED POSTED ONE IN FULL, this 10th day of June , 1986. T'1'E ST ~ / Town C e'rk Mayor -3- 4/2/86 V-51825 PAGE 1 of 2 0 EXHIBIT A LEGAL DESCRIPTION • A parcel of land lying in the Southeast one-quarter (SE 1/4) of Section 12, T 5 S, R 82 W, and the Southwest one-quarter (SW 1/4) of Section 7, T 5 S, R 81 W, all of the 6th P.M., Eagle County, Colorado, and being more particularly described as follows: Beginning at the Northeast corner of the Final Plat of Eaglebend as recorded in the Eagle County Records; thence along the South right- of-way line of the Denver and Rio Grande Western Railroad the following five (5) courses (the first four courses also being along the North line of Eaglebend): 1) N 64°22'00" 1.4 2064.00 feet; 2) 578.05 feet along the arc of a curve to the left having a central angle of 00°57'53" and a radius of 34327.50 feet, the chord of which bears N 64°50'57" W 578.05 feet 3) 390.54 feet along the arc of a curve to the left having a central angle of 00°39'07" and a radius of 34327.50 feet, the chord of which bears N 65°39'37" W 390.54 feet; 4) N 65°59'00" W 377.60 feet to the Northwest corner of Eaglebend, also being the Northeast corner of a parcel of land owned by Frank and Imogene Doll; 5) N 65°59'00" W 150.00 feet to the Northwest corner of said parcel owned by Frank and Imogene Doll, also being the Northeast corner of a parcel of land owned by Nottingham Associates, Inc.; thence along the East line of said parcel owned by Nottingham Associates, Inc., S 24°37'00" W 372.80 feet to a point on the North line of a parcel of land owned by Eagle River Townhouse Associates, Ltd.; thence along the boundary of said parcel owned by Eagle River Townhouse Associates, Ltd., the following fifteen (15) courses: 1) S 37° 22'08" E 4.43 feet; 2) S 25° 09'46" W 67.91 feet; 3) S 65° 26'03" E 7.77 feet; 4) S 79° 30'46" E 47.34 feet; 5) S 74° 00'15" E 102.53 feet to the Southwest corner of Eaglebend; 6) S 59° 39'32" E 398.03 feet along the South line of Eaglebend; 7) S 61° 26'30" E 300.36 feet along the South line of Eaglebend; 8) S 59° 23'49" E 307.99 feet along the South line of Eaglebend; 9 S 840 14'40" E 54.42 feet along the South line of Eaglebend; 10 S 01° 24'46" E 35.00 feet along the South line of Eaglebend; 11) S 65° 00'10" E 9.38 feet along the South line of Eaglebend; 12) S 01° 48'20" E 125.87 feet to a point on the North right-of- way line of U .S. Highway No. 6; 13) N 630 10'00" W 932.89 feet along said North right-of-way line; 14) N 57° 27'00" W 100.50 feet along said North right-of-way line; 15) N 63° 10'00" W 492.65 feet along said North right-of-way line; thence S 26°5 0 '00" W 120.07 feet to the Northwest corner of the Final Plat of River Oaks Cond ominiums as recorded in the Eagle County Records; thence along the Sou t h ri ght-of-wa y line of U.S. Highway No. 6 and the North line of River Oaks Cond ominiums, the following three (3) courses: 4/2/86 V-51825 0 PAGE 2 of 2 0 1) S 63°10'00" E 526.63 feet; 2) S 68°54'36" E 100.50 feet; 3) S 63°10'00" E 633.44 feet to a point on the boundary of the Final Plat of Eagle-Vail Filing No. 2 as recorded in the Eagle County Records; thence along the boundary of Eagle-Vail Filing No. 2 and the South right-of- way line of U.S. Highway No. 6, S 63°10'00" E 267.69 feet; thence N 26°50'00" E 100.00 feet to the Southwest corner of the Final Plat of White Water Condominiums Phase I as recorded in the Eagle County Records; thence along the West line of White Water Condominiums Phase I, N 03°09'12" E 121.11 feet to the Northwest corner of said Plat and a point on the South line of Ea lebend; thence along the boundary line of Eaglebend the following twelve (12~ courses: 1 S 65°00'10" E 19.87 feet; 2 S 73°00'41" E 27.24 feet; 3) N 83°29'18" E 409.37 feet; 4) S 86°34'34" E 110.16 feet; 5 S 62°21'14" E 260.77 feet; 6 S 38°51'12" E 231.14 feet; 7) S 50°24'14" E 315.36 feet; 8) S 61°52'35" E 263.06 feet; 9) S 76°00'35" E 301.96 feet; 10) S 55°11'36" E 227.75 feet; 11) S 37°40'59" E 80.49 feet; 12) N 45053'00" E 503.74 feet 37.338 acres more or less. to the Point of Beginning, containing The bearings relate to the Final Plat of Eaglebend as recorded in the Eagle County Records. r/ • CERTIFICATION 0.' 4 3 BOOK .7..7 . PAGE ~~jj pp .:d..Q...... e~ iflLL1'0`• JuL 16 12 00 FM °6F STATE OF COLORADO ) SS COUNTY OF EAGLE ) I, Patricia J. Doyle, DO HEREBY CERTIFY that I am the Town Clerk of the Town of Avon and the keeper of the records and corporate seal of said municipal corpora- tion; and that the attached is a true copy of Ordinance No. 86-10, Series of 1986_ if the Town of Avon, County of Eagle and State of Colorado, and that said Ordinance No. 86-10 is in full force and effect at the date hereof, and the original is in my custody as Town Clerk. WITNESS my hand and official seal of the Town of Avon, County of Eagle, State of Colorado, this 10th day,. of,, June 1986. - (SEAL) p'j L L - Patricia J. yle, Town 3erk 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 27th DAY OF May , 1986, AT THE MUNICIPAL BUILDING, 400 BENCHMARK ROAD, AVON, COLORADO, FOR THE PURPOSE OF CONSIDERING THE ADOPTION OF ORDINANCE NO. 86-10, SERIES OF 1986: AN ORDINANCE ANNEXING TO THE TOWN OF AVON A:PARCEL OF LAND LOCATED IN SECTION 12, T. 5 SOUTH, RANGE 82 WEST OF THE 6TH P.M. AND SECTION 7, T. 5 SOUTH, RANGE 81 WEST OF THE 6TH P.M., EAGLE COUNTY, COLORADO; AND SETTING FORTH FINDINGS AND CONCLU- SIONS 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 this Ordinance. This notice is given and passed by order of the Town Council of the Town of Avon, Colorado. Dated this 8th day of April , 1986. TOWN OF AVON, COLORADO BY: atricia J. Doyle, T erx POSTED AT THE FOLLOWING PUBLIC PLACES WITHIN THE TOWN OF AVON ON April 10 , 1986: AVON POST OFFICE, MAIN LOBBY CITY MARKET, MAIN ENTRANCE PESTER GAS STATION; AND AVON MUNICIPAL BUILDING, MAIN LOBBY 0 N ~ r ~9 ~ ~ CJ O 1