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TC Ord. No. 1998-14 Concerning the annexation to the Town of Avon Petition for AnnexationTOWN OF AVON ORDINANCE NO. 98 - 14 SERIES OF 1998 AN ORDINANCE CONCERNING THE ANNEXATION TO THE TOWN OF AVON, COLORADO (THE "TOWN "), OF CERTAIN PROPERTY AS DESCRIBED IN THE VILLAGE AT AVON PETITION FOR ANNEXATION NO. 1 (THE "PETITION FOR ANNEXATION") WHEREAS, on June 26, 1998, EMD Limited Liability Company, PVRT NOTT I LLC, PVRT NOTT II LLC, and PVRT NOTT III LLC (collectively the" 'Owner") filed with the Town Clerk for the Town the Petition for Annexation requesting that the Town Council of the Town of Avon, Colorado (the "Town Council ") commence proceedings to annex to the Town a certain unincorporated tract or tracts of land located in Eagle County, Colorado, and described on Exhibit A attached hereto and incorporated herein by this reference (the "Annexation Property"); and WHEREAS, the Town Council, by Resolution Number 98 -48, Series of 1998, attached hereto and incorporated herein by this reference as Exhibit B, has determined with regard to the Petition for Annexation: (1) the applicable parts of Sections 31 -12 -- 104-and 31 -12 -105, C.R.S., i have been met; (2) an election is not required under Sections 31- ,12- 107(2) or 31 -12 -112, C.R:S.; and (3) no additional terms and conditions are to be imposed on the Petition for Annexation; WHEREAS; the Town Council held public hearings at which it received evidence and testimony pertaining to the annexation of the Annexation Property, at the conclusion of which the Town Council considered such evidence and testimony so introduced, and by this Ordinance sets forth its findings of fact and conclusions. THE TOWN COUNCIL MAKES THE FOLLOWING FINDINGS OF FACT AND CONCLUSIONS: 1. The signers of the Petition for Annexation comprise the owners of one hundred percent (100 %) of the Annexation Property. 2. The submission, processing, consideration and approval of the Petition for Annexation have fully met and complied with all applicable laws and regulations of the State of Colorado and the Town, including; without limitation, Sections 31 -12 -101 through 31- 12 -123, C.R.S. 3. All public hearings concerning whether the Town should annex the Annexation Property have been held and conducted in accordance with all applicable laws and regulations of the State of Colorado and the Town. 4. All notices required for the public hearings at which the Town Council considered the Petition for - Annexation were properly and timely published, posted or mailed in JACOUNCIUORDMANC \1998 \98 -14 VAA Annexation.doc accordance with all applicable laws and regulations of the State of Colorado and the Town. 5. In order to encourage well- ordered development to the Town, it is desirable that the Annexation Property be annexed to the Town. 6. The annexation of the Annexation Property to the Town is, in the best interests of the public health, safety and general welfare of the people of the Town. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO THAT: Section 1. The annexation to the Town of the Annexation Property be, and is hereby approved and said real property as described on the annexation map accompanying the Petition for Annexation is hereby annexed to the Town, and shall be known as "The Village at Avon Annexation No. 1." Section 2. As required by statute, the Town shall: 1. File one copy of the annexation map with the original of this Ordinance in the office of the Town Clerk for the Town; and 2. File for recording two certified copies of this Ordinance and map of the area annexed containing a legal description of such area with the ,Clerk and Recorder of Eagle County, Colorado. Section 3. The Town Clerk is hereby authorized and directed to post the full text of this Ordinance pursuant to Section 6.7 of the Town Charter. Section 4. The effective date of this Ordinance shall be seven (7) days after publication of the notice'described in Section 3 above. JAC0UNCIL \0RDINANC \1998 \98 -14 VAA Annexation.d& INTRODUCED, PASSED ON FIRST READING, APPROVED AND ORDERED POSTED this 22nd day of September, 1998 and a public hearing on this ordinance shall be held at -the regular meeting of the Town Council of the Town of Avon, Colorado, oil the 13th day of October, 1998 at 5:30 p.m. in the Avon Municipal Complex, 400 Benchmark Road, Avon, Colorado. Town of Avon Town Council lce�t; et=- Judy Yoder, Mayor Protem INTRODUCED, READ ON SECOND READING, APPROVED AND ORDERED POSTED this 13 day of October ,1998. Town of Avon Town Council _tF A IA 1 Judy Yoder, Mayor Prot'em ifTA. Kri Nash, Town Clerk APP OVE AS TO FORM: To Attorney JACOUNCIUORDINANC \1998 \98 -14 VAA Annexation.doc e JACOUNCIUORDINANC \1998 \98 -14 VAA Annexation.doc EXHIBIT A PARCEL DESCRIPTION THE VILLAGE (at Avon) NO. 1 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 and Range; accepted September 7, 1977 by the Department 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 Sixth Principal Meridian, Eagle County, Colorado, according to the Dependent Resurvey of said Township and Range, accepted November 1, 1943 by the Department of the Interior General Land Office in Washington, 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 049124 11E 2791.46 feet, to the North 1/4 corner of said Section 7; thence, departing said northerly line, along the easterly line of the NW 1/4 of said Section 7, S00 011112 11E 2621.00 feet, to the northerly right -of -way line of Interstate Highway No. 7,0, 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 - of -way line, S69 028135 "E 196.48 feet, to the northerly line of the $E 1/4 of said Section 7; thence, along said northerly line, N89 050140 11E 2572.71 feet, to the West 1/4 corner 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, 988 040141 "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, departing said northerly line, S56 °30'00 "E _1274.62 feet; thence S17 °38'30"E.1593.20 feet; thence S27 039'30 "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 line SO1 033113 11W 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 055104 11W 1371.96 feet, to the Southwest corner of said Section 9; thence, along the easterly line of said Section 17, SO1 041149 "E 170.00 feet, to the centerline of the Eagle River; thence the following four courses along said centerline (Filum aquce): (1) N89 024149 11W 1037.90 feet; (2) N86 °07149 "W 472.00 feet; (3) N89 029149 11W. 538.00 feet; (4) S82 033111 11W 595.15 feet, to the westerly line of the NE 1/4 of said Section 17; thence, along said westerly line, N00 °20'55 "W 227.74 feet, to the North 1/4 corner of said Section 17; thence, along the northerly line of said Section 17, S89 °23136 "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, N00 051107 11E 1398.90 feet, to the SE 1/16 corner of said'Section 8; thence, along the southerly line of the NW 1/4 SE 1/4 of said Section 8, N89 054154 11W 1333.58 feet, to the CS 1/16 corner of said Section 8; thence, along the southerly line of the NE 1/4 SW 1/4 of said Section 8, N89 °58135 "W 1366.46 feet, to the SW 1/16 corner of said Section 8; thence, along the easterly line of the-SW 1/4 SW 1/4 of said Section 8, S00 001137 11E 1376.08 feet, A -1.1 to the Southeast corner of said SW 1/4 SW 1/4; thence, along the southerly line of said Section 8, N89- 032228 - 11-W-- 529.28 feet, to the northerly right -of -way line of the Denver and Rio Grande Western Railroad; thence the following ten courses along said northerly right -of -way line: (1) 132.91 feet along the arc of a curve to the right, having a radius of 2033.48 feet, an internal angle of 03 044142 ", and a chord that bears N70 °30'09 "W 132.89 feet; (2) N6$ 037148 "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; 4 000°14'31 "E 21.20 feet; (5) 1142,.50 feet along the arc of a curve to the left, having a radius 0 21'55", f 5759.70 feet, an internal angle of 11 ° and a chord that bears N76 °32'02 "W 1140.63 feet; ( N82 013'00 "W 1136.53 feet; (7) 548.06 feet along the arc of a curve to the right, having a radius of 1880.00 feet, an internal angle of 16 °'42'10 "1' and a chord that bears N73 051'55 "W 546.11 feet; 8 N00 012123 11W 22.04 feet; (9) 28.04 feet along the arc of a curve to the right, having a radius of 1860.00 feet, an internal angle of 00 °51'50 ", and a chord that bears N64 047'55 "W 28.04 feet; (10) N64022100 "W 377.10 feet; thence, departing said northerly right -of- way line, S25 °38'00 "W 100.00 feet, to the southerly right -of =way line of the Denver and Rio Grande western Railroad, also being on the existing Town of Avon Boundary; thence,,_ along said southerly right -of -way line and existing Town of Avon Boundary 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 curve to the left, having a radius of 34327.50 feet, an internal angle of 01 037'00 ", and a chord that bears N65 010130 "W 968.56 feet; (3) N65 059'00 11W 527.60 feet; thence, continuing along said southerly right -of -way line and existing -Town, ,of Avon Boundary the following course along the northerly line of the parcel annexed to the Town of Avon by Ordinance 81 -38, N65 058'08 11W 677.83 feet; thence, departing said southerly right -of- way line and continuing along the boundary of the parcel annexed to the Town of Avon by Ordinance 81 -38, N24 °01152 11E 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 continuing along the existing Town 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) N18 059'40 "E 995.99 feet; (2) a calculated-distance and bearing of N23 °55'02 "W 268.23 feet (record distance and bearing of N25 010103 11W 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 Town of Avon Boundary the following course along the southerly line of the parcel annexed to the Town of Avon by Ordinance 81 -20, a calculated distance and bearing of S89 058141 "E 1192.32 feet (record distance and bearing of S89 057'07 "E 1184.14 feet), to the westerly line of said Section 7; thence, along said westerly line and existing Town of Avon Boundary the following 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 011127 "W 1321.54 feet (record distance and A -1.2 bearing of N00 °10114 11W 660.82 feet per Ordinance 81 -20 and record distance and bearing of N00 010'14 11W 660.83 feet per Ordinance 81- 34), to the point of beginning, containing 967.07 acres, more or less, EXCEPTING FROM the foregoing parcel description all portions of the described property that constitute the Interstate Highway No. .70 Right -of -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. A -1.3 EXHIBIT B TOWN OF AVON RESOLUTION NO. 9848 SERIES OF 1998 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN' OF AVON SETTING FORTH FINDINGS OF FACT AND CONCLUSIONS REGARDING ANNEXATION 1 OF THE VILLAGE AT AVON WHEREAS, annexation proceedings were heretofore initiated by the filing on June 26, 1998 of Petition for Annexation No. 1 and Petition for Annexation No. 2 for property to be known as The Village at Avon; and WHEREAS, at a special meeting on the 30th day of June, 1998, the Town Council passed and adopted Resolutions No. 98 -40 -1 and 98 -40 -2 finding substantial compliance of Petition for Annexation No. 1 and Petition for Annexation No. 2 respectively, and setting a hearing to determine if the proposed serial annexation complies with Sections 31 -12 -104 and 31- 12 -105, C.R.S., and is eligible for annexation to the Town; and WHEREAS, following notice given as required by law, the Town Council has held a hearing on said serial annexation; NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO THAT: Section 1. The Town Council hereby finds that Petition for Annexation No. 1 complies with the provisions of Section 31 -12 -107, C.R.S. Section 2. The Town Council hereby finds that, with respect to Petition for Annexation No. 1, the requirements of the applicable parts of Sections 31 -12 -104 and 31 =12 -105, C.R.S., have been met. Section 3. The Town Council hereby finds that the signers of Petition for Annexation No. 1 comprise the owners of one hundred percent (100 %) of the property to be annexed. Section 4. The Town Council hereby finds that no additional terms and conditions are to be imposed upon annexation of that portion of The Village at Avon included in Petition for Annexation No. 1. Section,5. The Town Council hereby finds that an election is not required under Sections 31- 12- 107(2) or 31 -12- 112(1), C.R.S. Section 6. The Town Council hereby finds that notice was given and a hearing was held regarding the annexation in accordance with the requirements of Sections 31 -12- 108 and 31 -12 -109, C.R.S., as applicable. \\MERVER\FILE SERVER\COUNCIL\RESOLU M98-48 VAAFindingsAnnexl.doc Section 7. The Town Council concludes that the area proposed to be annexed in that portion of The Village at Avon included in Petition for Annexation No. 1 is eligible for annexation to the Town of Avon. ADOPTED THIS IIth DAY OF August 1998 ash, Town Clerk Town of Avon, Colorado Town Council Jack awcett, Mayor APPROVED AS TO FORM: To Attorney \\ NTSERVER\ FILESERVER \COUNCIL\RESOLUTI\98 =48 VAAFMdMPAnneXI -doc STATE OF COLORADO ) COUNTY OF EAGLE ) SS TOWN OF AVON 1 NOTICE, IS HEREBY GIVEN OF A PUBLIC HEARING BEFORE THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO AT 5:30 P.M. ON THE 13th DAY OF OCTOBER 1998, AT THE TOWN MUNICIPAL BUILDING. FOR THE PURPOSE OF CONSIDERING THE ADOPTION OF ORDINANCE NO. 98-14 SERIES OF 1998: AN ORDINANCE CONCERNING THE ANNEXATION TO THE TOWN OF AVON, COLORADO (THE "TOWN), OF CERTAIN PROPERTY AS DESCRIBED IN THE VILLAGE AT AVON PETITION FOR ANNEXATION NO. 1 (THE "PETITION FOR ANNEXATION") 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 September, 1998. TOWN OF AVON, COLORADO BY: cy M ys Deputy Town Clerk POSTED AT THE FOLLOWING PUBLIC PLACES WITHIN THE TOWN OF AVON ON September 2;5 1998: AVON MUNICIPAL BUILDING IN THE MAIN LOBBY AVON RECREATION CENTER CITY MARKET IN THE MAIN LOBBY