TC Ord. No. 1995-16 Annexing Town of Avon parcel of land located in section 12TOWN OF AVON
ORDINANCE NO. 95 -16
AN ORDINANCE ANNEXING TO THE TOWN OF AVON OF A PARCEL
OF LAND LOCATED IN SECTION 12, TOWNSHIP 5 SOUTH, RANGE
82 WEST OF THE 6TH PRINCIPAL MERIDIAN, EAGLE COUNTY,
COLORADO, AND 7, 8, 9 & 17, TOWNSHIP 5 SOUTH, RANGE 81
WEST OF THE 6TH PRINCIPAL MERIDIAN, EAGLE COUNTY,
COLORADO, DESCRIBED ON EXHIBIT "A," ATTACHED HERETO AND
MADE A PART HEREOF
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, Township 5 South, Range 82 West of the 6th
Principal Meridian, Eagle County, Colorado, and Sections 7, 8, 9
& 17, Township 5 South, Range 81 West of the 6th Principal
Meridian, Eagle County, Colorado, more particularly described on
Exhibit "A," attached hereto and made a part hereof, was
submitted to the Town Clerk of the Town of Avon and referred
therefrom to the Town Council; and
WHEREAS, after notice pursuant to Section 31 -12 -108,
Colorado Revised Statutes, the Town Council held a public hearing
on the proposed annexation to determine if the annexation
complies with Sections 31 -12 -104 and 105, Colorado Revised
Statutes; and
WHEREAS, the Town Council has by resolution determined
that the requirements of Sections 31 -12 -104 and 105 have been
met, that an election is not required, and that no additional
terms or conditions are to be imposed on the annexed area, other
than the requirement that on or prior to the effective date of
annexation the Town and the owners of the subject property enter
into an Annexation and Development Agreement Mutually acceptable
to such parties and that the property described in Ordinance No.
95 -19 and commonly known as Avon Village Annexation No. 2 be
annexed to the Town by Ordinance No. 95 -19 adopted simultaneously
and considered together with this Ordinance; and
WHEREAS, the owners of 100% of the area proposed to be
annexed have petitioned for such annexation;
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF
THE TOWN OF AVON, COLORADO:
Section 1. The annexation of the territory
described in Exhibit "A," attached hereto and incorporated
herein, to the Town of Avon, Colorado, be and the same is hereby
ordained and approved, and said territory is hereby incorporated
in and made a part of the Town of Avon, Colorado, to be known as
the Avon Village Annexation No. 1, subject to the requirement
that on or prior to the effective date of annexation the Town and
the owners of the subject property enter into an Annexation and
Development Agreement mutually acceptable to such parties and
that the property described in Ordinance No. 95 -19 and commonly
known as Avon Village Annexation No. 2 be annexed to the Town by
Ordinance No. 95 -19 adopted simultaneously and considered
together with this Ordinance.
Section 2.
effective date of this
hereby authorized and
Within thirty (30) days after the
ordinance, the Town Clerk be and she is
directed to:
A. File one copy of the annexation map with the
original of the annexation ordinance in the office
of the Town Clerk of the Town of Avon, Colorado.
B. File two certified copies of the annexation
ordinance and map of the area annexed containing a
legal description of such areas within the Eagle
County Clerk and Recorder.
INTRODUCED, PASSED ON FIRST READING, APPROVED AND ORDERED POSTED,
this 22nd day of August, 1995, 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 12th day of
September, 1995 at 7:30 P.M. in the Municipal Building of the
Town of Avon, Colorado.
Mayor
Atte t:
a
Town Cle
INTRODUCED, PASSED ON SECOND READING, APPROVED AND ORDERED POSTED
this day of , 1995.
Mayor
Attest:
Town Clerk
Approved as to form:
Tolp Attorney
PARCEL DESCRIPTION
That part of the E 1/2 of Section 12, Township 5 South, Range 82
West of the Sixth Principal Meridian, Eagle County, Colorado
according to the Dependent Resurvey and Survey of said Township an.` ,
Range, accepted September 7, 1977 by the Departaent of the Interior
Bureau of Land Management in Washington, D.C., together with parts
of Sections 7, 8, 9 & 17, Township 5 South, Range 81 West of the
r
Sixth P- :cipal, Eagle County, Colorado, accorddng to the Dep ender.-
Resurvey of said Township and Range, accepted November 1, 1943 ny
the Dena- T-,.-_ent of the Interior General Land Office in Wash.=cton,
D.C., described as a whole as follows:
Beginning at the Northwest corner of said Section 7; thence along
the northerly line of said Section 7, N88'49'24 "E 2791.46 feet, to
the North 1/4 corner of said Section 7; thence, departing said
northerly line, along the easterly line of the N`W 1/4 of said
Section 7, S00-11'12 "E 2621.00. feet, to the northerly right -of -way
line of Interstate Highway No. 70, as described in the deed
recorded in Book 223 at Page 982 in the office of the Eagle County,
Colorado, Clerk and Recorder; thence, along said northerly right -
cf -way line, S69'28'35 "E 196.48 feet, to the northerly line of the
SE 1%4 of said Section 7;. thence, along said northerly line,
N89'50'40 "E 2572,71 feet, to the West 1/4 cotter of said Section 8:
thence, along the westerly line of said Section 8, N00'10'53 "W
2738.19 feet to the Northwest corner of said Section 8; thence,
along the northerly line of said Section 8, N88 °40'41 "E 2758.98
feet, to the North 1/4 corner of said Section 8; thence, continuing
along said northerly line, N88'42158 "E 850.00 feet; thence,
depa- r-ting said northerly line, S56130'00 ^E 1274.62 feet; thence
S17'38130"E 1593.20 feet; thence S27'39'30 "W 2121.59 feet; thence
South 899.93 feet; thence East 2595.53 feet, to the easterly line
of the SW 1/4 SW 1/4 of said Section 9; thence, along said easterly
14=e S01'33113 "W 603.34 feet, to the Southeast corner of said SW
1/4 SW 1/4; thence, along the southerly line of said Section 9,
N89.55'04 "W 1371.96 feet, to the Southwest corner of said Section
9; thence, along the easterly line of said Section 17, S01'41'49 "E
170.00 feet, to the centerline of the Eagle River; thence the
follcwing four courses along said centerline (Filum aquce): (1)
N89.24149 "W 1037.90 feet; (2) N86 °07'49 -W 472.00 feet; (3)
N89'29'49 "W 538.00 feet; (4) 582'33'11 "W 595.15 feet, to the
westerly line of the NE 1/4 of said Section 17; thence, along said
westerly line, N00'20'55 11W 227.74 feet,.to the North 1/4 corner of
said Section 17; thence, along the northerly lire of said Section
17, S89-23'36 "E 1316.69 feet, to the Southwest corner of the SE 1/4
SE 1/4 of said Section 8; thence, along the westerly line of said
SE 1/4 SE 1/4, N00051'07 "E 1398.90 feet, to the SE 1116 corner of
said Section 8; thence, along the southerly line of the NW 1/4 SE
1/4 of said Section 8, N89'54'54 "W 1333.58 feet, to the CS 1/16
corner of said Section 8; thence, along the southerly line of tie
NE 1/4 SW 1/4 of said Section 8, N89'58135 11W 1366.46 feet, to the
SW 1116 corner of said Section 8; thence, along the easterly line
of the SW 1/4 SW 1/4 of said Section 8, S00'01'37"E 1376.08 feet,
to the Southeast- corner of said SW 1/4 SW 1/4; thence, along the
EXHIBIT "A"
southerly line of said Section 8, N89'32'28 "W 529.28 feet, to the
northerly right -of -way line of the Denver and Rio Grande Weste -n
Railroad; thence the following ten courses along said northerl
right -ef -way lines (1) 132.91 feet along the arc of a curve to th,_
right, having a radius of 2033.48 feet, an internal angle of
03'44'42 ", and a chord that bears N70'30'09 "W 132.89 feet; (2)
N68'37'48 "W 527.88 feet; (3) 231.12 feet along the arc of a curve
to the left, having a radius of 5779.70 feet, an internal angle of
02'17'28 ", and a chord that bears N69'46'32 "W 231.09 feet; (4)
S00.14'31 "E 21.20 feet; (5) 1142.50 feet along the arc of a curve
to the left, having a radius of 5759.70 feet, an internal angle OF
11'21'55 ", and a chord that bears PT76'32'02 "W 1140.63 feet; (6)
N82'13 00 W 1136.53 feet; (7) 548.06 feet along the arc of a c'.l^:e
to the right, having a radius of 1880.00 feet, an internal angle of
16'42'10 ", and a chord that bears PT73'51'55 "W 546.11 feet; (9)
N00'12'23 "W 22.04 feet; (9) 28.04 feet along the arc of a curve tc
the right, having a radius of 1860.00 feet, an internal angle of
00'51'50 ", and a chord that bears N64'47'55 "W 28.04 feet; (10)
N64'22'00 "W 377.10 feet; thence, departing said northerly right -of-
wav line, S25 °38'00 "W 100.00 feet, to the southerly right- of -wav
line of the Denver and Rio Grande Western Railroad, also being an
the existing Town of Avon Boundary; thence, along said southerly
right -of -way line and existing Town of Avon Bounda -*may the following
three courses along the northerly line of the parcel annexed to the-
Town of Avon by Ordinance 86 -10: (1) N64.22'00 "W 2064.00 feet; (2)
968.59 feet along the arc of a c•.�Tve to the left, having a radius
of 34327.50 feet, an internal angle of 01.37'00 ", and a chord that
bears N65'10'30 "W 968.56 feet; (3) N65'59'00 "W 527.60 feet; thence,
continuing along said southerly right -of -way line and existing Tow
of Avon Boundary the following course along the northerly line of
the parcel annexed to the Town of Avon by Ordinance 81 -38,
N65'S8' 08 "W 677.83 feet; thence, departing said southerly right -of-
way line and continuing along the boundary of the parcel annexed to
the Tcwu of Avon by Ordinance 81 -38, N24'01'52 "E 100.00 feet, to
the northerly right -of -way line of the Denver and Rio Grande
Western Railroad and the Southeast corner of Lot 22, Benchmark at
Beaver Creek; thence, departing said northerly right -of -way line'
and ccntinr_' g along the existing Towa of Avon Boundary the
following two courses along the easterly line of the parcel
originally incorporated as the Town of Avon as defined in Ordinance
78 -4: (1) NI8'59'40 "E 995.99 feet; (2) a calculated distance and
bearing of N23'55'02 "W 268.23 feet (record distance and bearing of
N25'10'03 "W 235.72 feet), to the southerly line of the NE 1/4 NE
1/4 of said Section 12; thence, along said southerly line and
existing To•wm of Avon Bounda -ry the following course along tne .
southerly line of the parcel annexed to the Town of Avon by
Ordinance 81 -20, a calculated distance and bearing of S89 °58'41 "E
1192.32 feet (record distance and bearing of S89'S7'07"E 11 °_4.14
feet), to the westerly line of said Section 7; thence, along said
westerly line and existing Town of Avon Boundary the follcrr-_=,9
course along the easterly line of the parcels annexed to the Town,
of Avon by Ordinance 81 -20 and Ordinance 81 -34, a measured distance
and bearing of N00'11'27 "W 1321.54 feet (record distance and
bearing of N00'10'14"W 660.82 feet per Ordinance 81 -20 and record
distance and bearing of N00410114 "W 660.83 per ordinance 81 -34), to
the point of beginning, containing 967.07 acres, more or less,
EXCEPT=G FROM the foregoing parcel description all portions of the
described property that constitute the Interstate Highway No. 70
Right -cf -Way and the Denver Rio Grande Western Railroad Right -of-
Way, which portions contain 99.24 acres, more or less. The net area
of the parcel being included in this annexation is 867.83 acres,
more or less.
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 12TH
DAY OF SEPTEMBER, 1995, AT THE TOWN MUNICIPAL BUILDING FOR THE
PURPOSE OF CONSIDERING THE ADOPTION OF ORDINANCE NO. 95 -16,
SERIES OF 1995:
AN ORDINANCE ANNEXING TO THE TOWN OF AVON A PARCEL OF
LAND LOCATED IN SECTION 12, TOWNSHIP 5 SOUTH, RANGE 82
WEST OF THE 6TH PRINCIPAL MERIDIAN, EAGLE COUNTY,
COLORADO, AND 7, 8, 9, & 17, TOWNSHIP 5 SOUTH, RANGE
81 WEST OF THE 6TH PRINCIPAL MERIDIAN, EAGLE COUNTY,
COLORADO, DESCRIBED ON EXHIBIT "A ", ATTACHED HERETO AND
MADE A PART HEREOF
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 posted by order of the Town Council of
the Town of Avon, Colorado
Dated this 23rd day of August, 1995.
9M
F AVON, COLORADO
Patty Ne art; CMC
Town ClerJt
POSTED AT THE FOLLOWING PUBLIC PLACES WITHIN THE TOWN OF AVON ON
AUGUST 23, 1995;
AVON POST OFFICE IN THE MAIN LOBBY
CITY MARKET IN THE MAIN LOBBY
COASTAL MART, INC.; AND
AVON MUNICIPAL BUILDING IN THE MAIN LOBBY
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 OCTOBER, 1995, AT THE TOWN MUNICIPAL BUILDING FOR THE
PURPOSE OF CONSIDERING THE ADOPTION OF ORDINANCE NO. 95 -16,
SERIES OF 1995:
AN ORDINANCE ANNEXING TO THE TOWN OF AVON A PARCEL OF
LAND LOCATED IN SECTION 12, TOWNSHIP 5 SOUTH, RANGE 82
WEST OF THE 6TH PRINCIPAL MERIDIAN, EAGLE COUNTY,
COLORADO, AND 7, 8, 9, & 17, TOWNSHIP 5 SOUTH, RANGE
81 WEST OF THE 6TH PRINCIPAL MERIDIAN, EAGLE COUNTY,
COLORADO, DESCRIBED ON EXHIBIT "A", ATTACHED HERETO AND
MADE A PART HEREOF
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 posted by order of the Town Council of
the Town of Avon, Colorado
Dated this 27th day of September, 1995.
__TOWN OF AVON,
BY.
Patty Ne
Town Cle
POSTED AT THE FOLLOWING PUBLIC PLACES WITHIN THE
SEPTEMBER 27, 1995;
AVON POST OFFICE IN THE MAIN LOBBY
CITY MARKET IN THE MAIN LOBBY
COASTAL MART, INC.; AND
AVON MUNICIPAL BUILDING IN THE MAIN LOBBY
COLORADO
hart, CMC
k
TOWN OF AVON ON