TC Ord. No. 1998-15 Concerning the annexation to the Town of AvonTOWN OF AVON
ORDINANCE NO. 98 - 15
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.2 (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 -49, 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 3142- -104 and 31 -12 -105, C.R.S.,
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 FACTAND
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 Paws 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
JACOUNCIUORDINAN01998 \98 -15 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. 2."
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.
JACOUNCIUORDINANC\1998 \98 -15 VAA Armexation.doc
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, on 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
Judy Yoder, Yoder, Mayor Protem
INTRODUCED, READ ON SECOND READING, APPROVED AND ORDERED
POSTED this 13 day of October 199—.
. `•'r
55�-* OF AVo
A_
app, Ih
ash, Town Clerk
AP ROV D AS TO FORM:
To Attorney
Town of Avon
Town Council
3 _
I y%-- Yoder, Mayor Protem
J: \C0UNCIL \0RDINANC\1998 \98 -15 VAA Annexation.doc
EXHIBIT A
PARCEL.DESCRIPTION
THE VILLAGE (at Avon) NO. 2
That part of Sections 8, 9 & 10, 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 follows:
Beginning at the North 1/4 corner of said Section 8; thence along
the northerly line of'said Section 8, N88 °42'58 "E 850.60 feet, to
the True Point 'of Beginning,; thence, continuing along said
northerly line, N88 042'58 "E 1920.72 feet, to the Northwest corner
of said Section 9; thence, along the northerly line of said Section
9, N83 029130 "E 2773.27 feet, to the North 1/4 corner of said,
Section 9; thence, continuing along said northelly line,•
N83 024'12 "E 2772.60 feet, to the Northwest corner of said Section
10; thence, along the' northerly line of said Section 10,
1486 039124 11E 2681.23 feet; thence, departing said northerly line,
S01 034'07 11W 2699.66 feet, to southerly line of the SE 1/4 NW 1/4 of
said Section 10; thence, along the southerly line of said SE 1/4 NW.
1/4, S86 032123 11W 1304.06 feet, to the Center West 1/16 corner of
said Section 10; thence, along the easterly line.of the NW 1/4 SW
1/4 of said Section 10, S01 °32'50 "W.1349.33 feet, to the Southwest
1/16 corner of said Section 10; thence,. along the southerly line of
said NW 1/4 SW 1/4, S86 032147 11W 1384.91 feet,, to the South 1/16
corner of said Sections 9 & 10; thence, along the southerly line of
the NE 1/4 SE 1/4 of said Section 9, S77 010115 "W 1413.37''feet, to
the Southeast 1/16 corner of said Section 9; thence, along the
easterly line of the SW 1/4 SE 1/4 of said.Section 9, S01 °33102 11W
1475.32 feet, to the East 1/16 corner of said Section 9 and Section
16 of said Township 5 South, Range 81 West of the-Sixth Principal
Meridian; thence, along the southerly line of said SW 1/4 SE 1/4,
S72 °20131 11W 1450.43-feet', to the South 1/4 corner of said Section
9;' thence, along the westerly line of said SW. 1/4 SE 1/4,
N01 034118 11E 1601.52 feet, to the Center South -1/16 corner of said
Section 9; thence, along the southerly line of the NE 1/4 SW 1 /4•of
said Section 9, S86 007130 11W 1378.19 feet, to the Southwest 1/16
corner, of said Section 9; thence, along the easterly line of .the SW
1/4 SW 1/4 of said Section 9, S01 033113 11W 903.02 feet, to the
existing Town of Avon Boundary; thence, departing said easterly
line, the following five courses along said existing Town of'Avon
Boundary,: (1) West 2595.53 feet; (2) North 899.93 feet; (3)
N27 039130 11E 2121.59 feet; (4) N17 032'30"W 1593.20 feet; (5)
N56 030'00 "W 1274.62 feet,' to the True Point of Beginning,
containing 922.16 acres, more or less.
A -1.1
EXHIBIT B
TOWN OF AVON
RESOLUTION NO. 9849
SERIES OF 1998
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN
OF AVON SETTING FORTH FINDINGS OF FACT AND
CONCLUSIONS REGARDING ANNEXATION 2 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. 2 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. 2,
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. 2
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. 2.
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.
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. 2 is eligible for
annexation to the Town of Avon.
\\NTSERVERTILE SERVER\COUNCIL\RESOLUTI\98 -49 VAAFind*gsAnncx2.doc
/I
ADOPTED THIS 11" DAY OF August 1998
AT T ST:
Kris Nash, Town Clerk
Town of Avon, Colorado
Town Council
Ja Fawcett, Mayor
APPROVED AS TO FORM:
To Attorney
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A
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 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. 98-15 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.2 (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 Nfays
Deputy Town Clerk
POSTED AT THE FOLLOWING PUBLIC PLACES WITHIN THE TOWN OF AVON ON
September 25, 1998:
AVON MUNICIPAL BUILDING IN THE MAIN LOBBY
AVON RECREATION CENTER
CITY MARKET IN THE MAIN LOBBY