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