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TC Ord. No. 1987-05M ti TOWN OF AVON ORDINANCE NO. 8 7- 5 Series of 1987 AN ORDI1ANCE ANNEXING 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 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 Nottingham Ranch Company, a-Colorado limited partnership; and WHEREAS, in accordance with Sections 31-12-107(1)(g) and 31-12-108, C.R.S., the Town Council may by ordinance annex the above specified property without election, inasmuch as the petition was signed by the owners of 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. (B) The petition was signed by the owners 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; Page 1 of 2 Pages i M (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. Section 3. 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 27th day of January , 1987, 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 10th day of March 1987, at 7;30 p.m in the municipal Offices of the Town. % ephen,/Miller, Mayor Pro INTRODUCED, PASSED, READ ON SECOND READING, APPROVED AND ORDERED PUBLISHED BY TITLE ONLY THIS 13th DAY OF September , 1988. Mayor Page 2 of 2 Pages J EXHIBIT "A" NOTTINGHAM RA14CH CO-. A L114ITED PARTNERSHIP PETITION FOR ANNEXATION A parcel of land located in the SWI/4NE1/4 of Section 12, Township 5 South, Range 82 West of the Sixth Principal Meridian, Eagle County, Colorado, more particularly described as follows: Beginning at a point on the Southerly right-of-way line of the Denver and Rio Grande Western Railroad from which the center of Section 12 bears S32°50'23"W, 540.64 feet; thence departing from the Southerly railroad right-of-way line S24°13'30"W, 282.00 feet to the centerline of the Eagle River; thence continuing along the centerline of the Eagle River N82°40'35"W, 158.75 feet to the Easterly right-of-way line of Avon Road; thence departing from the centerline of the Eagle River and continuing along the Easterly right-of-way Tine of Avon Road N04°32'00"E, 96.80 feet; thence N35°46'00"E, 35.30 feet; thence N10°39'00"E, 54.70 feet; thence along -the arc of a curve to the left 155.80 feet, having a central angle of 07°27'51" and a radius of 1195.90 feet, whose chord bears N06055'05"E, I55.69 feet to a point on the Southerly right-of-way line of the Denver and Rio Grande Western Railroad; thence departing from the Easterly right-of-way line of Avon Road and continuing along the Southerly railroad right-of-way line S65°55'3.0"E, 236.61 feet to the point of beginning. The described parcel contains 1.36 acres. i ' (LEGAL DESCRIPTION: A part of the South one-half of the North one-half of Section ~ Townshir) 5 South, Range F~ West of the Sixth Principal Meridian, E 1.., County, Colorado, more particularly described as followsagle Beginninq at the Southeast corner of L 22lat Beaver Creek; thence S ?4 °nl'~521' I-! a distance ~of llock 2,, 0n.09 feethtora !point on the South right-of-way line of the Denver and Rio.r-rande Weste_rn- IRailroad; thence along said right-of-way S 65058'n8" E 6-77.83'-feet to ;the Northwest corner of a parcel described in Book 219, page 995 of !the Eagle County, Records; thence S 24037'52 " Iq 372.30-feet along the ;West line of said parcel to a point on the North hank of the Eagle River; ;thence along said North bank of the Eagle River the following 15 'courses: . 1) N 37°21'17" 1-1'30.9 feet; 2) N 37°21' 17" i%? 65 r%6 feet; 3) N 41°3648" IJ 7613 fe t• 4) N 620 09'57" 5) N 43° 59'4418 6) N 70° 35`42" 7) S 77°30' 56" 8) N 69°9n' 28" i 9) N 83°55' 31" 19) N 59°52' 17" 11) N '68°37' 25" 12) S 6500n' 56" 13) N 45°36' 14" 14) N 37°41' 09" 15) N 53°35' 35" of a pa rcel of l and County Records; Id 62.63 e , feet; W 103.87 feet; 11 101.28 feet; W 59.32 feet; W 174.60 feet; 1? 252.71 feet; 2-11.89 feet; II 128.113 feet; P 43.26, feet; I*I 233.61 feet; II 147. 06 feet; 11 de 72.55 feet to a point on scribed in Boo?;' 213, Page the East line 247.of the Eagle ;thence N 24 °1)1' 52" E 237.q8 feet along the I•lest line of said Darcel; - :thence continuing N 24°01'52' E 100.09 feet to a Point on the North right-of-way line of the Denver and Rio Grande Western Pailroad; thence along said right-of-,ray line S 65058908" E 1n21.77 feet to-the Point ,of Beginning, containing 15,2n8 souare feet or 662.497 acres more or less. I I " 4 i ; a 1 A' B Pa POSTED AT THE FOLLOWING PUBLIC PLACES WITHIN THE TOW1 DECEMBER 10, 1981: THE NORTHEAST SIDE OF THE BENCHMARK SHOPPING CENTER, THE MAIN ENTRANCE OF CITY MARKET, THE PESTER GAS STATION; AND THE MUNICIPAL BUILDING IN THE MAIN LOBBY 0 0 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 13TH DAY OF SEPTEMBER, 1988, AT THE TOWN HALL FOR THE PURPOSE OF CONSIDERING THE ADOPTION OF ORDINANCE NO. 87-5, SERIES OF 1987: AN ORDINANCE ANNEXING TO THE TOWN OF IN SECTION 12, T 5 SOUTH, RANGE 82 W COLORADO; AND SETTING FORTH FINDINGS DETAILS THERETO A copy of said Ordinance is attached at the office of the Town Clerk, and regular business hours. AVON A PARCEL OF LAND LOCATED OF THE.6TH P.M. EAGLE COUNTY, AND CONCLUSIONS AND OTHER hereto, and is also on file may be inspected during Following this hearing, the Council may consider final passage of this ordinance. This notice is given and published by order of the Town Council of the Town of Avon. Dated this 7th day of September, 1988. POSTED AT THE FOLLOWING PUBLIC PLACES WITHIN THE TOWN OF AVON ON SEPTEMBER 7, 1988: AVON POST OFFICE IN THE MAIN LOBBY CITY MARKET IN THE MAIN LOBBY COASTAL MART, INC., AND; AVON MUNICIPAL BUILDING IN THE MAIN LOBBY 0 0 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 22ND DAY OF SEPTEMBER, 1987, AT THE TOWN HALL FOR THE PURPOSE OF CONSIDERING THE ADOPTION OF ORDINANCE No. 87-5, SERIES OF 1987: AN ORDINANCE ANNEXING 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 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 published by order of the Town Council of the Town of Avon. Dated this 22nd day of September, 1987. L TOL OF N, COLD 0 BY: P ricia J. D q~yle, own ler POSTED AT THE FOLLOWING AVON ON SEPTEMBER 10, 1' AVON POST OFFICE IN THE CITY MARKET IN THE MAIN PESTER GAS STATION; AND AVON MUNICIPAL BUILDING PUBLIC PLACES WITHIN THE TOWN OF 387: MAIN LOBBY LOBBY IN THE MAIN LOBBY 0 0 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 10TH DAY OF MARCH, 1987, AT THE TOWN HALL FOR THE PURPOSE OF CONSIDERING THE ADOPTION OF ORDINANCE NO. 87-5, SERIES OF 1987: AN ORDINANCE ANNEXING 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 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 is given and published by order of the Town Council of the Town of Avon. Dated this 27th day of January, 1987. POSTED AT THE FOLLOWING AVON ON JANUARY 28, 198' AVON POST OFFICE IN THE CITY MARKET IN THE MAIN PESTER GAS STATION; AND AVON MUNICIPAL BUILDING PUBLIC PLACES WIT 7: MAIN LOBBY LOBBY IN THE MAIN LOBBY