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TC Ord. No. 2002-09 Concering the annexation to the TOA certain property as described in the post boulevard public right of way petition for annexation-7 13b TOWN OF AVON ORDINANCE NO. 02-9 SERIES OF 2002 AN ORDINANCE CONCERNING THE ANNEXATION TO THE TOWN OF AVON, COLORADO, OF CERTAIN PROPERTY AS DESCRIBED IN THE POST BOULEVARD PUBLIC RIGHT OF WAY PETITION FOR ANNEXATION. WHEREAS, on May 10, 2002, TRAER CREEK METROPOLITAN DISTRICT, a special district formed pursuant to C.R.S. § 32-1-101 et. seq. and a governmental subdivision of the State of Colorado, EDINBURGH CORPORATION, a Texas corporation, and MARGARET BEYER, PERSONAL REPRESENTATIVE FOR THE ESTATE OF THE ESTATE OF JEANETTE L. NOTTTNNGHAM a/k/a JEANETTE NOTTINGHAM filed with the Town Clerk for the Town of Avon ("Town") the petition for annexation ("Petition") requesting that the Town Council of the Town ("Town Council") commence proceedings to annex to the Town 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 02-27, Series of 2002, ® attached hereto and incorporated herein by this reference as Exhibit B, has determined with regard to the Petition that, pursuant to Section 31-12-110, C.R.S.: (1) the applicable parts of Sections 31-12-104 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; 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 submission, processing, consideration and approval of the Petition have fully met and complied with all applicable laws and regulations of the State of Colorado and the Town, including, without limitation, Article II, Section 30 of the Colorado constitution and Sections 31-12-101 through 31-12-123, C.R.S. 2. 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. ® 509977 Page: 1 of 7 0/ 521179.3 CANIALC 07/9/0211:05AD1 L., Sara J Fisher Easle, CO 289 R 36.00 10D20.00 10:39A 3. All notices required for the public hearings at which the Town Council considered the Petition were properly and timely published, posted or mailed in accordance with all applicable laws and regulations of the State of Colorado and the Town. 4. In order to encourage well-ordered development to the Town, it is desirable that the Annexation Property be annexed to the Town. 5. 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 is hereby annexed to the Town. Section 2. As required by statute, the Town shall: (a) File one copy of the annexation map with the original of this Ordinance in the office of the Town Clerk for the Town; and • (b) Subject to the terms of Section 18 of the Petition, file for recording three certified copies of this Ordinance and of the 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 publish the full text of this Ordinance in a newspaper of general circulation within the Town (i.e., the Vail Valley Times or the Eagle Valley Enterprise, or both) on the next available publication date. Section 4. The effective date of this Ordinance shall be seven (7) days after publication of the notice described in Section 3 above. Sara J IIIIIIINIIIINIA~NIIININIANIIIII~II~Il0e099 00 I 521179.3 CAMALC 05/30/02 1 :54 PM 2 • INTRODUCED, PASSED ON FIRST READING, APPROVED AND ORDERED PUBLISHED this day of 2002 and a public hearing on this ordinance shall be held at the regular meeting he Town Council of the Town of Avon, Colorado, on the lq*t\ day of 3vJ4 , 2002 at h'• ~O p.m. in the Avon Municipal Complex, 400 Benchmark Road, Avo , olorado. TOWN OF AVON o By: (ZN P J Yoder g- ayor of the Town of Avon, Colorado L1 A R' . v ° °'S ago t . E Attest: Patty c envy, To r~rk INTRODUCED, PASSED ON SECOND READING, APPROVED AND ORDERED PUBLISHED this qt'" day of S , 2002. TOWN OF AVON By: Ju Yoder Mayor of the Town of Avon, Colorado Attest: I~ II IIlluIntl IIII III„IIIVIIIa II 80997]. 39, Sara J Fisher Eagle, CO 289 R 36. 00 D 0. 00 521179.3 CAMALC 05130/02 1:54 PM 3 • APPROVED AS TO FORM: John Bunn, E's q. Town 'Attorney IIIIIIIAlIIAlll~lllllll~llp 809977.:,m Sara J Fisher Eagle, Co 289 R 36. 00 D 0. 00 521179.3 CAMALC 05/30/02 1:54 PM 4 ® EXHIBIT A TO ORDINANCE NUMBER 02-9, SERIES OF 2002 (Legal Description of Annexation Property) PARCEL A That part of Lot 6, McGrady Acres, according to the final plat thereof recorded in Book 558 at Page 533, in the office of the Eagle County, Colorado, Clerk and Recorder, described as follows: Beginning at the most easterly corner of said Lot 6; thence the following three courses along the southeasterly line of said Lot 6; (1) 19.13 feet along the arc of a curve to the right, having a radius of 487.63 feet, a central angle of 02°14'51", and a chord that bears S76°52'36"W 19.13 feet; (2) S78°00'01"W 93.40 feet; (3) 31.15 feet along the arc of a curve to the left, having a radius of 570.00 feet, a central angle of 03°07'51", and a chord that bears S76°26'06"W 31.14 feet; thence, departing said southeasterly line, N50°51'55"E 45.70 feet; thence 60.15 feet along the arc of a curve to the left, having a radius of 697.62 feet, a central angle of 04°56'23", and a chord that bears N49°14'01"E 60.13 feet to the northeasterly. line of said Lot 6; thence S57°59'05"E 69.88 feet, along said northeasterly line, to the point of beginning, containing 3425 square feet, more or less. ® PARCEL B That part of Lot 1, Nottingham Cottages P.U.D., according to the final plat thereof recorded as Document No. 652403 in the office of the Eagle County, Colorado, Clerk and Recorder, described as follows: Beginning at the northwesterly corner of said Lot 1: thence, along the northwesterly line of said Lot 1, N78°00'01"E 19.88 feet; thence, departing said northwesterly line, S50°51'55"W 28.15 feet to the westerly line of said Lot 1; thence, along said westerly line, N09°57'00"E 13.84 feet to the point of beginning, containing 127.6 square feet, more or less. PARCEL C That part of Lot 2, Nottingham Cottages, P.U.D., according to the final plat thereof recorded as Document No. 652403 in the office of the Eagle County, Colorado, Clerk and Recorder, described as follows: Beginning at the most westerly corner of said Lot 2; thence the following three courses along the northwesterly line of said Lot 2: (1) N60°52'49"E 101.94 feet; (2) 149.40 feet along the arc of a curve to the right, having a radius of 500.00 feet, a central angle of 17°07' 12", and a chord that bears N69°26'25"E 148.85 feet; (3) N78°00'01"E 37.70 feet to the most northerly corner of said ® Lot 2; thence, along the common line of said Lot 2 and Lot 1 of said Nottingham Cottages P.U.D., S09°57'00"W 13.84 feet; thence, departing said common line, S50°51'55"W 84.85 feet; - - 809977 521 179.3 cnMnLC 06i3i02 9:46 AM 1111 Page: 5 of 7 j 10/10/2002 10:390 Sara J Fisher Eagle, CO 289 R 36.00 D 0.00 thence S34°42'51"E 0.82 feet; thence 16.25 feet along the arc of a curve to the right, having a radius of 105.25 feet, a central angle of 08°50'45", and a chord that bears S60°30'44"W 16.23 feet; thence 23.27 feet along the are of a curve to the left, having a radius of 94.75 feet, a central angle of 14°04'12", and a chord that bears S57°54'01"W 23.21 feet; thence S50°51'55"W 109.16 feet; thence 6.22 feet along the arc of a curve to the left, having a radius of 164.75 feet, a central angle of 02°09'48", and a chord that bears S49°47'01 "W 6.22 feet to the southwesterly line of said Lot 2; thence the following two courses along said southwesterly line: (1) N60°25'20"W 53.87 feet; (2) N47°59'03"W 37.01 feet to the point of beginning, containing 14796 square feet, more or less. PARCEL D That part of (Corrected) Final Plat - Condominium Map SUN RIVER CONDOMINIUMS according to the map thereof recorded in Book 318 at Page 186 in the office of the Eagle County, Colorado, Clerk and Recorder, described as follows: Beginning at the most easterly corner of an existing 60 foot wide Access Easement as shown on said (Corrected) Final Plat - Condominium Map SUN RIVER CONDOMINIUMS; thence the following two courses along the northeasterly line of said (Corrected) Final Plat - Condominium Map SUN RIVER CONDOMINIUMS: (1) S47°59'03"E 36.78 feet; (2) S60°25'20"E 53.87 feet; thence, departing said northeasterly line, 11.11 feet along the arc of a curve to the left, having a • radius of 164.75 feet, a central angle of 03°51'47", and a chord that bears S46'46'1 YW 11.11 feet; thence 30.80 feet along the arc of a curve to the left, having a radius of 47.00 feet, a central .angle of 37°33' 10", and a chord that bears S26°03'45"W 30.26 feet, to the southwesterly line of said (Corrected) Final Plat - Condominium Map SUN RIVER CONDOMINIUMS; thence, along said southwesterly line, 130.71 feet along the arc of a curve to the right, having a radius of 1830.00 feet, a central angle of 04°05'33", and a chord that bears N68°38'04"W 130.68 feet to the most southerly corner of said 60 foot wide Access Easement; thence, departing said southwesterly line, N60°53'00"E 78.88 feet, along the southeasterly line of said 60 foot wide Access Easement, to the point of beginning, containing 5591 square feet, more or less. PARCEL E That part of (Corrected) Final Plat - Condominium Map SUN RIVER CONDOMINIUMS according to the map thereof recorded in Book 318 at Page 186 in the office of the Eagle County, Colorado, Clerk and Recorder, described as follows: Beginning at the most northerly corner of an existing 60 foot wide Access Easement as shown on said (Corrected) Final Plat - Condominium Map SUN RIVER CONDOMINIUMS; thence, along the northwesterly line of said 60 foot wide Access Easement, S60°53'00"W 79.05 feet; thence, departing said northwesterly line, N25°21'46"E 17.60 feet; thence N60°53'24"E 61.24 feet, to the northeasterly line of said (Corrected) Final Plat - Condominium Map SUN RIVER CONDOMINIUMS; thence S47°59'03"E 10.80 feet, along said northeasterly line, to the point of beginning, containing 717 square feet, more or less. 521179.3 CAMALC 06/3/02 9:46 AM III Intl II IU 8099771111111111 1111111111111111 e.... Sara J Fisher Eagle, CO 289 R 36. 00 D 0.00 EXHIBIT B TO ORDINANCE NUMBER 02-9, SERIES OF 2002 (Copy of Resolution Number 02-27, Series of 2002) 809977 ® Page: 7 of 7 10/10/2002 10:39R Sara J Fisher Eagle, CO 289 R 35.00 D 0.00 521179.3 CAMALC 07/5/02 1:12 PM "-1 • U 11 MMCll o vI ul, L, 1 ! 60 0 RESOLUTION NO. 02-27 SERIES OF 2002 A RESOLUTION OF THE TOWN OF AVON SETTING FORTH FINDINGS OF FACT AND CONCLUSIONS REGARDING THE ANNEXATION OF CERTAIN PROPERTY AS DESCRIBED IN THE POST BOULEVARD PUBLIC RIGHT OF WAY PETITION FOR ANNEXATION WHEREAS, annexation proceedings were heretofore initiated by the filing on May 10, 2002 of the Post Boulevard Public Right of Way Petition for Annexation (the "Petition") for a portion of certain property located in Eagle County, Colorado, and described on Exhibit A attached hereto (the "Annexation Property"); and WHEREAS, at a meeting on the 28th day of May, 2002, the Town Council passed and adopted Resolution No. 02-21 finding substantial compliance of Petition, and setting a hearing to determine if the proposed annexation complies with Sections 31-I2-104 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 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 complies with the provisions of Section 31-12-107, C.R.S. Section 2. The Town Council hereby finds that, with respect to Petition, the requirements of Article II, Section 30 of the Colorado Constitution and of the applicable parts of Sections 31-12-104 and 31-12-105, C.R.S., have been met. Section 4. The Town Council hereby finds that no additional terms and conditions are to be imposed upon annexation of that Annexation Property included in the Petition. 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 Annexation Property included in Petition is eligible for annexation to the Town of Avon. e 099 ]8 0 0.00 I~IFII~N~~„I7I~IINXq~6w 15 544252.1 CAMALC 06127/02 3:46 PM PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Avon held this day of 2002. raa Yo der or of the Town of Avon, Colorado ATTEST: 8099 Page: 2 of 8:,.,. 1~ lilil 1111111111111111111111111111111111111111111 Sara J Fisher Eagle, Co 370 R 76. 00 D S. 00 , 544252.1 CAMALC 06/27/02 3:46 PM PETITION FOR ANNEXATION TO THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO: The undersigned (collectively, the "Petitioners', in accordance with the Municipal Annexation Act of 1965 as set forth in Article 12, Title 31, Colorado Revised Statutes, as amended and as in effect on the submission date set forth below ("Annexation Act'), hereby petition ("Petition') the Town Council of the Town of Avon, Colorado ("Council'), to annex to the Town of Avon C Town!) the unincorporated territory located in the County of Eagle, State of Colorado, which property is more particularly described in Exhibit A attached hereto and incorporated herein by reference ("Pro a In support of this Petition, Petitioners allege that: 1. It is desirable and necessary that the Property be annexed to the Town. 2. The requirements of Sections -104 and -105 of the Annexation Act exist or have been met. 3. Not less than one-sixth (4/6) of -the perimeter of the Property is contiguous with the Town's current municipal boundaries. 4. A community of interest exists between the Property and the Town. 5. The Property is urban or will be urbanized in the near future. 6. The Property is integrated with or is capable of being integrated with the Town. 7. The Petitioners comprise more than fifty percent (50%) of the landowners in the -Property owning more than fifty percent (50%) of the Property, excluding public streets, and alleys and any land owned by the annexing municipality, and the Petitioners hereby consent to the establishment of the boundaries of the Property as shown on the annexation plat submitted herewith. 8. " The Property is not presently a part of any incorporated city, city and county, or town; no proceedings have been commenced for incorporation or annexation of part or all of the Property to any other municipality; no election for annexation of the Property or substantially the same territory to the Town has been held within the twelve (12) months immediately preceding the filing of this Petition. 9. The proposed annexation will not result in detachment of area from any school district or attachment of same to another school district. 10. Except to the extent necessary to avoid dividing parcels within the Property held in identical ownership, at least fifty percent (50%) of which are within the three.(3) mile limit, the proposed annexation will not extend the municipal boundary of the Town more than three (3) miles in any direction from any point of the current municipal boundary. 8®9978 Page: 3 of 15 10/10/2002 10:39A Sara J Fisher Eagle, Co 370 R 76.00 D 0.00 54155).] CAMALC It. The proposed annexation will not result in the denial of reasonable access to any landowner, owner of an easement, or owner of a franchise adjoining a platted street or alley which has been annexed by the Town but is not bounded on both sides by the Town. 12. In establishing the boundaries of the Property, no land which is held in identical ownership, whether consisting of a single tract or parcel of real estate or two or more. contiguous tracts or parcels of real. estate: . (a) is being divided into separate parts or parcels without the written consent of the landowner or landowners thereof unless such tracts or parcels are separated by a dedicated street, road, or other public way; or (b) comprising twenty (20) acres or more and together with buildings and improvements situate thereon having a valuation for assessment in excess of $200,000.00 for ad valorem tax purposes for the year next preceding the proposed annexation, is included in the Property without the written consent of the landowner or landowners. 13. If a portion of a platted street or alley is to be annexed, the entire width thereof is included within the Property. 14. The legal description of the land owned by the Petitioners is set forth underneath the name of each such Petitioner on Exhibit A. attached hereto and incorporated herein by this reference. 15. .The affidavit of the circulator of this Petition certifying that each signature on this Petition is the signature of the person whose name it purports to be and certifying the accuracy of the date of such signature is attached hereto as Exhibit B and is incorporated herein by this reference. 16. This Petition is accompanied by four prints of an annexation map containing, among other things, the following information: (a) A written legal description of the boundaries of the Property; (b) A map showing the boundary of the Property; (c) Within the annexation boundary map, a showing of the location of each ownership tract in unplatted land and, if part or all of the area is platted, the boundaries and the plat numbers of plots or of lots and blocks; and (d) Next to the boundary of the Property, a drawing of the contiguous boundary of the annexing municipality abutting the Property. 17. Petitioners have filed this Petition subject to the following conditions: (a) Petitioner Traer Creek Metropolitan District C TCMD') have the right, with or without the consent or agreement of any other Petitioner or landowner within the Property, to withdraw this Petition by so notifying the Town Clerk in writing prior to the 809978 Page: 4 of 15 10/10/2002 10:39A 341s9s CMIALC Sara J Fisher Eagle, CO 370 R 76.00 0 0.00 fortieth (40th) day after the effective date of the final ordinance approving annexation of the Property. (b) Prior to expiration of the period described in the foregoing subparagraph (a) without TCMD having. withdrawn the Petition, neither petitioners, any other landowner within the Property, nor the City shall cause or permit the occurrence of the conditions to effectiveness of the annexation as set forth in Section -113(2)(b) of the Annexation Act. 18. Except for the terns and conditions of this Petition, which terms and conditions Petitioners expressly approve and therefore do not constitute an imposition of additional terms and conditions within the meaning of Section -107(1)(g) of the Annexation Act, Petitioners request that no additional terms and conditions be imposed upon annexation of the Property to the Town. THEREFORE, Petitioners request that the Town Council of the Town of Avon, Colorado, complete and approve the annexation of the Property pursuant to the provisions of the Municipal Annexation Act of 1965, as amended. Respectfully submitted this j0day of 2002. Signatures of Petitioners: TRAER CREEK METROPOLITAN DISTRICT, a Colorado Special District formed pursuant to C.R.S. § 32-1-101 et. seq. and a governmental subdivision of the State of Colorado By: ' William J. Post, esident Date of Signature: 4-i5•aOOZ Mailing Address: P.O. Box 640 Vail, Colorado 81658 Attn: William J. Post, Esq. Resident of the Property? NO. 809978 Page: 5 of 15 10:39p 54 1ss» caaa.c Sara J Fisher Easle, CO 370 R 76.00 0910D 0.00 EDINBURGH CORPORATION, a Texas corporation By: C. Michael owen, President Date of Signature: •c, oe~- Mailing Address: Preen Silverman Green. & Egle PC 1401 17* Street, Suite 800 Denver, Colorado 80202 Attn: Robert L. Preeo, Esq. %Aim i rAMAt r Resident of the Property? NO 111111111111 Fu 11111 Eag1N~I M m~u ~I'~I ~~~I e.8.099]Po MARGARET BEYER, personal representative for the Estate of Jeanette L. Nottingham, a/k/a JEANETTE NOTTINGHAM, deceased By M aret eyer Date of Si n~ ature: ~`T = gig D V Mailing Address: Meek 8t Swartz, P.C. 1824 West Street Redding, California 96001-1793 Attn: William L. Meek, Esq. Resident of the Property? NO $11353.3 CAMALC Page: 7 M ICI 8099] EMIWN. ~I~ Eagle, CO 37 0 w EXHIBIT A TO PETITION FOR ANNEXATION Legal Description of the Property 1. Name of Petitioner: EDINBURGH CORPORATION, a Texas Corporation PARCEL A That part of Lot 6, McGrady Acres, according to the final plat thereof recorded in Book 558 at Page 533, in the office of the Eagle County, Colorado, Clerk and Recorder, described as follows: Beginning at the most easterly corner of said Lot 6; thence the following three courses along the southeasterly line of said Lot. 6; (1) 19.13 feet along the arc of a curve to the right, having a radius of 487.63 feet, a central angle of 02° 14' 51 and a chord that bears S76°52'36"W 19.13 feet; (2) S78000'01"W 93.40 feet; (3) 31.15 feet along the arc of a curve to the left, having a radius of 570.00 feet, a central angle of 03°07'51", and a chord that bears S76°26'06"W 31.14 feet; thence, departing said southeasterly line, N50°51'55"E 45.70 feet; thence 60.15 feet along the arc of a curve to the left, having a radius of 697.62 feet, a central angle of 04°56'23", and a chord that bears N49°14'01"E 60.13 feet to the northeasterly line of said Lot 6; thence S57°59'05"E 69.88 feet, along said northeasterly line, to the point of beginning, containing 3425 square feet, more or less. 2. Name of Petitioner: MARGARET BEYER, as personal representative for the ESTATE OF JEANETTE L. NOTTINGHAM, a/k/a JEANETTE NOTTINGHAM, deceased PARCEL B That part of Lot 1, Nottingham Cottages P.U.D., according to the final plat thereof recorded as Document No. 652403 in the office of the Eagle County, Colorado, Clerk and Recorder, described as follows: Beginning at the northwesterly comer of said Lot 1: thence, along the northwesterly line of said Lot 1, N78°00'01"E 19.88 feet; thence, departing said northwesterly line, S50°51'55"W 28.15 feet to the westerly line of said Lot 1; thence, along said westerly line, N09°57'00"E 13.84 feet to the point of beginning, containing 127.6 square feet, more or less. Sara CI'~J Fu~M~ ~ lO370 ~ Page: sheagle, 541553.1 CAMALC A-1 00 PARCEL C That part of Lot 2, Nottingham Cottages, P.U.D., according to the final plat thereof recorded as Document No. 652403 in the office of the Eagle County, Colorado, Clerk and Recorder, described as follows: Beginning at the most westerly corner of said Lot 2; thence the following three courses along the northwesterly line of said Lot 2: (1) N60°52'49"E 101.94 feet; (2) 149.40 feet along the arc of a curve to the right, having a radius of 500.00 feet, a central angle of 17°07'12", and a chord that bears N69°26'25"E 148.85 feet; (3) N78°00'01"E 37.70 feet to the most northerly corner of said Lot 2; thence, along the common line of said Lot 2 and Lot 1 of said Nottingham Cottages P.U.D., S09°57'00"W 13.84 feet; thence, departing said common line, S50°51'5511W,.84.85 feet; thence S34°42'51"E 0.82 feet; thence 16.25 feet along the arc of a curve to the right, having a radius of 105.25 feet, a central angle of 08°50'45", and a chord that bears S60°30'44"W 16.23 feet; thence 23.27 feet along the arc of a curve to the left, having a radius of 94.75 feet, a central angle of 14°04'12", and a chord that bears S57°54'01"W 23.21 feet; thence S50°51'55"W 109.16 feet; thence 6.22 feet along the arc of a curve to the left, having a radius of 164.75 feet, a central angle of 02°09'48", and a chord that bears S49°47'01"W 6.22 feet to the southwesterly line of said Lot 2; thence the following two courses along said southwesterly line: (1) N60°25'20"W 53.87 feet; (2) N47°59'03"W 37.01 feet to the point of beginning, containing 14796 square feet, more or less. 3. Name of Petitioner: TRAER CREEK METROPOLITAN DISTRICT; as the condemning authority in legal possession pursuant to the Order of Possession entered on April 24, 2002, in Case No. 01-CV-524. PARCEL D That part of (Corrected) Final Plat - Condominium Map SUN RIVER CONDOMINIUMS according to the map thereof recorded in Book 318 at Page 186 in the office of the Eagle County, Colorado, Clerk and Recorder, described as follows: Beginning at the most easterly corner of an existing 60 foot wide Access Easement as shown on said (Corrected) Final Plat - Condominium Map SUN RIVER CONDOMINIUMS; thence the following two courses along. the northeasterly line of said (Corrected) Final Plat - Condominium Map SUN RIVER CONDOMINIUMS: (1) S47°59'03"E 36.78 feet; (2) S60°25'20"E 53.87 feet; thence, departing said northeasterly line, 11.11 feet along the arc of a curve to.the left, having a radius of 164.75 feet, a central angle of 03 °51'47", and a chord that bears S46'46'1 3 "W 11.11 feet; thence 30.80 feet along the arc of a curve to the left, having a radius of 47.00 feet, a central angle of 37°33' 10", and a chord that bears S26°03'45"W 30.26 feet, to the southwesterly line of said (Corrected) Final Plat - Condominium Map SUN RIVER CONDOMINIUMS; thence, along said southwesterly line, 130.71 feet along the arc of a curve to the right, having a radius of 1830.00 feet, a central angle of 04°05'33", and a chord that bears N68°38'04"W 130.68 feet to the most southerly corner of said 60 foot 809978 Page: 9 of 15 541553.3 CAMALC 10/10/2002 10:39A Sara J Fisher Eagle, CO 370 R 76..00 D 0.00 PARCEL C That part of Lot 2, Nottingham Cottages, P.U.D., according to the final plat thereof recorded as Document No. 652403 in the office of the Eagle County, Colorado, Clerk and Recorder, described as follows: Beginning at the most westerly comer of said Lot 2; thence the following three courses along the northwesterly line of said Lot 2: (1) N60°52'49"E 101.94 feet; (2) 149.40 feet along the arc of a curve to the right, having a radius of 500.00 feet, a central angle of 17°07'12", and a chord that bears N69°26'25"E 148.85 feet; (3) N78°00'01"E 37.70 feet to the most northerly comer of said Lot 2; thence, along the common line of said Lot 2 and Lot 1. of said Nottingham Cottages P.U.D., S09°57'00"W 13.84 feet; thence, departing said common line, S50°51'55"W 84.85 feet; thence S34°42'51"E 0.82 feet; thence 16.25 feet along the arc of a curve to the right, having a radius of 105.25 feet, a central angle of 08°50'45'; and a chord that bears S60°30'44"W 16.23 feet; thence 23:27 feet along the arc of a curve to the left, having a radius of 94.75 feet, a central angle of 14°04'12", and a chord that bears S57°54'01"W 23.21 feet; thence S50°51'55"W 109.16 feet; thence 6.22 feet along the arc of a curve to the left, having a radius of 164.75 feet, a central angle of 02°09'48", and a chord that bears S49°47'01"W 6.22 feet to the southwesterly line of said Lot 2; thence the following two courses along said southwesterly line: (1) N60°25'20"W 53.87 feet; (2) N47°59'03"W 37.01 feet to the point of beginning, containing 14796 square feet, more or less. 3. Name of Petitioner: TRAER CREEK METROPOLITAN'DISTRICT; as the condemning authority in legal possession pursuant to the Order of Possession entered on April 24, 2002, in Case No. 01-CV-524. PARCEL D That part of (Corrected) Final . Plat Condominium Map SUN RIVER CONDOMINIUMS according to the map thereof recorded in Book 318 at Page 186 in the office of the Eagle County, Colorado, Clerk and Recorder, described as follows: Beginning at the most- easterly comer of an existing 60 foot wide Access Easement as shown on said (Corrected) Final Plat - Condominium Map SUN RIVER CONDOMINIUMS; thence the following two courses along the northeasterly line of said (Corrected) Final Plat - Condominium Map SUN RIVER CONDOMINIUMS: (1) S47059'03"E 36.79 -feet; (2) S60°25120"E 53.87 feet; thence, departing said northeasterly line, 11.11 feet along the arc of a curve to the left, having a radius of 164.75 feet, a central angle of 03051'47 and a chord -that bears S46046' 13"W 11.11 feet; thence 30.80 feet along the arc of a curve to the left, having a radius of 47.00 feet, a central angle of 37°3310", and a chord that bears S26°03'45"W 30.26 feet, to the southwesterly line of said (Corrected) Final Plat - Condominium Map SUN RIVER CONDOMINIUMS; thence, along said southwesterly line, 130.71 feet along the arc of a curve to the right, having a radius of 1830.00 feet, a central angle of 04°05'33", and a chord that bears N68°38'04"W 130.68 feet to the most southerly corner of said 60 foot 541551.1 CAMALC 809978 Page: 10 of 15 1111111111111111111111111111111111111111111111 10/10/2002 10:39A Sara J Fisher Eagle, Co 370 R 76. 00 1 D 0.00 wide Access Easement; thence, departing said southwesterly line, N60°53'00"E 78.88 feet, along the southeasterly line of said 60 foot wide Access Easement, to the point of beginning, containing 5591 square feet, more or less. PARCEL E That part of (Corrected) Final Plat - Condominium Map . SUN RIVER CONDOMINIUMS according to the map thereof recorded in Book 318 at Page 186 in the office of the Eagle County, Colorado, Clerk and Recorder, described as follows: Beginning at the most northerly comer of an existing 60 foot wide Access Easement as shown on said (Corrected) Final Plat - Condominium Map SUN RIVER CONDOMINIUMS; thence, along the northwesterly line of said 60 foot wide Access Easement, S60°53'00"W 79.05 feet; thence, departing said northwesterly line, N25°21'46"E 17.60 feet; thence N60°53'24"E 61.24 feet, to the northeasterly line of said (Corrected) Final Plat - Condominium Map.SUN RIVER CONDOMINIUMS; thence S47°59'03"E 10.80 feet, along said northeasterly line, to the point of beginning, containing 717 square feet, more or less. 809978 Page: 11 of 15 III 11111111111111111111111 10/20/2002 10:39A Sara J Fisher Eagle, CO 370 R 76.00 D 0.00 541557.3 CAMALC A-3 . EXHIBIT B TO PETITION -FOR ANNEXATION Affidavit of Circulators The undersigned, being of lawful age, who being first duly sworn upon oath deposes and says: That he was the circulator of the foregoing Petition for Annexation of lands. to the Town of Avon, consisting of 10 pages including this page, and that the signatures of Wlliam J. Post and C. Michael Bowen thereon were witnessed by the.circulator, and are true and original signatures of the person whose name they purport to be, and that the dates of such signatures are correct. STATE OF COLORADO ) )ss. COUNTY OF EAGLE ) it lator The foregoing AFFIDAVIT OF CIRCULATOR was subscribed and sworn to before me this 26th day of Avril, 2002, by Shane Bohart. Witness my hand and official seal. My commission expires: 12/8/2004. 809978 Page: 12 of 15 Sara J Fisher Eagle, CO 370 R 76.00 0/10D20 0010:39i4 B-1 The undersigned, being of lawful age, who being first duly sworn upon oath deposes and says: That he was the circulator of the foregoing Petition for Annexation of lands to the Town of Avon, consisting of /0 pages including this page,. and that the signature of Margaret Beyer thereon was witnessed by the circulator and are the true and original signatures of the person whose name they purport to be, and that the dates of such signatures. are correct. Circulator STATE OF r ) ) ss. COUNTY OF ) The foregoing AFFIDAVIT OF CIRCULATOR was subscribed and swom to before me this go day of 2002, by P--e y as ,ww,4 Witness my hand and official seal. My commission expires: WIIIIAM 4 MEE[ C Comm. f 1115890 NOTARY PUBUC•CALIf0M Notary Public shm two r %rimy CM, Expkn 1ki it 2003 Illl~~llgl~l~~lllllllllllllll~A1111191N1 8'99n8J'::. Sara J Fisher Eagle, CO 370 R 76. 00 0 0.00 3015513 CAMALC B-2 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 9'$ DAY OF JULY 2002, AT THE TOWN OF AVON MUNICIPAL BUILDING FOR THE PURPOSE OF CONSIDERING THE ADOPTION OF ORDINANCE NO. 02-09, SERIES OF 2002: An Ordinance Concerning the Annexation to the Town of Avon, Colorado, of Certain Property as described in the Post Boulevard Right of Way 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 7th day of J Y f ~ti' c. x~ ~ ^a O lam` , TOWN OF AVON, COLORADO BY: a,.tt ~Aq Mc envy To rk POSTED AT THE FOLLOWING PUBLIC PLACES WITHIN THE TOWN OF AVON ON JUNE 7, 2002: AVON MUNICIPAL BUILDING, MAIN LOBBY ALPINE BANK, MAIN LOBBY AVON RECREATION CENTER, MAIN LOBBY CITY MARKET, MAIN LOBBY 8099 u~u I1I1VIII IluIII aI II~~1 x8:°3o0 Sara J Fisher Eagle, CO 370 R 76. 00 D 0.00 STATE OF COLORADO ) COUNTY OF EAGLE ) SS TOWN OF AVON ) . NOTICE IS HEREBY GIVEN THAT A PUBLIC HEARING BEFORE THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO WAS HELD AT 5:30 P.M. ON THE 9TH DAY OF JULY 2002, AT THE TOWN OF AVON MUNICIPAL BUILDING FOR THE PURPOSE OF CONSIDERING THE ADOPTION OF ORDINANCE NO. 02-09, SERIES OF 2002: AN ORDINANCE CONCERNING THE ANNEXATION TO THE TOWN OF AVON, COLORADO, OF CERTAIN PROPERTY AS DESCRIBED IN THE POST BOULEVARD PUBLIC RIGHT OF WAY 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. The Council approved this Ordinance. This notice is given and posted by order of the Town Council of the Town of Avon, Colorado Dated this 10th lk OF.4 TOWN OF AVON, COLORADO SEAL BY: L- Celia Fenton, Deputy ~CO~ 0 App Town Clerk POSTED AT THE FOLLOWING PUBLIC PLACES WITHIN THE TOWN OF AVON ON JULY 10, 2002: AVON MUNICIPAL BUILDING, MAIN LOBBY ALPINE BANK, MAIN LOBBY AVON RECREATION CENTER, MAIN LOBBY CITY MARKET, MAIN LOBBY ~~~_8099 76 15 1111111J1111111111r11a1111111111111111111111111111111111 • • 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 9T" DAY OF JULY 2002, AT THE TOWN OF AVON MUNICIPAL BUILDING FOR THE PURPOSE OF CONSIDERING THE ADOPTION OF ORDINANCE NO. 02-09, SERIES OF 2002: An Ordinance Concerning the Annexation to the Town of Avon, Colorado, of Certain Property as described in the Post Boulevard Right of Way 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 7th day of June, 2002. TOWN OF AVON, COLORADO BY: cc~ C tty c enny To k POSTED AT THE FOLLOWING PUBLIC PLACES WITHIN THE TOWN OF AVON ON JUNE 7, 2002: AVON MUNICIPAL BUILDING, MAIN LOBBY ALPINE BANK, MAIN LOBBY AVON RECREATION CENTER, MAIN LOBBY CITY MARKET, MAIN LOBBY Memo To. Honorable Mayor and Town Council Thru: Bill Efting, Town Manager From: Ruth Borne, Director of Community Development A:I--- Date July 5, 2002 Re: Second Reading of Ordinance 02-9 - An Ordinance Concerning the Annexation to the Town of Avon, Colorado, of certain property as described in the Post Boulevard Public Right of Way Petition-for Annexation Summary The Petition for Annexation ("Petition") filed by Traer Creek Metropolitan District, Edinburgh Corporation, and Margaret Beyer, Personal Representative for the Estate of Jeanette L. Nottingham a/ka/ Jeanette Nottingham for the Post Boulevard Public Right of Way has been found to be in substantial compliance with Colorado statutes as evidenced by approval of Resolution 02-21 Series of 2002. The First Reading of. Ordinance 02-9, Series of 2002 held on May 28, 2002 initiated the annexation process. Today, the purpose of the public hearing is to annex the property contained in the Petition to the Town. Recommendation Staff recommends Town Council approve Ordinance 02-9 An Ordinance Concerning the Annexation to the Town of Avon, Colorado, of certain property as described in the Post Boulevard Public Right of Way Petition for Annexation. Alternatives 1. Approve on Second Reading 2. Amend before Final Approval 3. Deny on Second Reading Proposed Motion "I move to approve on second reading Ordinance 02-9 An Ordinance Concerning the Annexation to the Town of Avon, Colorado, of certain property as described in the Post Boulevard Public Right of Way Petition for Annexation." Memo to Town Council, July 5, 2002 Page 1 of z Ordinance 02-9, Annexation for Post Blvd. Town Manager Comments ( "Zr' v Attachments: Ordinance 02-9, Series of 2002 Memo to Town Council, July 5, 2002 Nage L OT L Ordinance 02-9, Annexation for Post Blvd. N_ 2 5 8 9 2 S. i j PROOF OF PUBLICATION STATE OF COLORADO SS. COUNTY OF EAGLE i ' I, Don Rogers, do solemnly swear that I am the Managing Editor of The Eagle Valley Enterprise, that the same. weekly newspaper printed, in whole or in part and published in the County of Eagle, State of ! Colorado, and has a general circulation therein; that said newspaper has been published continuously and uninterruptedly in said County of Eagle for a period of more than fifty-two consecutive weeks next prior to the first publication of the annexed legal notice or advertisement; that said newspaper has been admitted to the United States mails as a periodical under the provisions of-the Act of March 3, 1879, or any amendments thereof, and that said newspaper is a weekly newspaper duly qualified for publishing legal notices and advertisements within the meaning of the laws of the State of Colorado. i i 1 That the annexed legal notice or advertisement was published in the regular and entire issue of every i number of said weekly newspaper for the period of J.... consec nsertions; and that the first I ; publication of said notice was in the issue of said newspaper dated ........Y: i A.D,an that the last publication of said notice was in the issue of said newspaper w dated.......... 11 ~f~,..... ; r ! In witness whereof I have hereunto set my hand this S.... day of ' z i i Managing Editor Subscribed and sworn to before a notary public in and for the County of Eagle, State of Colorado, this day of r.......- i` Notary Public My Commission expires.......... D r N_ 25892 j PROOF OF PUBLICATION STATE OF COLORADO i SS. COUNTY OF EAGLE i i I, Don Rogers, do solemnly swear that I am the Managing Editor of The Eagle Valley Enterprise, that the same weekly. newspaper printed, in whole' or in part and published in the County of Eagle, State of Colorado, and has a general circulation therein; that said newspaper has been published continuously and uninterruptedly in said County of Eagle for a period of more than fifty-two consecutive weeks next prior to the first publication of the annexed legal notice or advertisement; that said newspaper has been ' . admitted to the United States mails as a periodical under the provisions of the Act of March 3, 1879, or any amendments thereof; and that said newspaper is a weekly newspaper duly qualified for publishing legal notices and advertisements within the meaning of.the laws of the State of Colorado. i 1 ..That the annexed legal notice or advertisement was published in the regular and entire issue of every i number of said weekly newspaper for the period of conse~iv 'nsertions; and that the first publication of said notice was in the issue of said newspaper dated ........r' ~crz.....~p A.D. an that the last publication of said notice was in the issue of said newspaper. dated.......... A.D ..-.4.....~... LI In witness whereof I have hereunto set my hand this day of . Managing Editor Subscribed and sworn to before a notary public inland for the County of Eagle, State of Colorado, CRi? eld .4.r:_ this D9. day of J Notary Public My Commission expires~~k M i i i i i i i i i i i i i i i i i i i i i i i i i i i i 1 i i i h fl A u i i i i i i i N_ 25892 PROOF OF PUBLICATION STATE OF COLORADO SS. COUNTY OF EAGLE: I, Don Rogers, do solemnly swear that I am the Managing Editor of The Eagle Valley Enterprise, that the same weekly newspaper printed, in whole or in part and published in the County of Eagle, State of Colorado, and has a general circulation therein; that said newspaper has been published continuously and uninterruptedly in said County of Eagle for a period of more than fifty-two consecutive weeks next prior to the first publication of the annexed legal notice or advertisement; that said newspaper has been admitted to the United States mails as a periodical under the provisions of the Act of March 3, 1879, or any amendments thereof, and that said newspaper is a weekly newspaper duly qualified for publishing legal notices and advertisements within the meaning of the laws of the State of Colorado. That the annexed legal notice or advertisement was published in the regular and entire issue of every number of said weekly newspaper for the period of ......15.... consecyt' 'nsertions; and that the first publication of said notice was in the issue of said newspaper dated (i A.D. ~t an that the last publication of said notice was in the issue of said newspaper dated........... A.D .............°P..... In witness whereof I have hereunto set my hand this day of r Managing Editor Subscribed and sworn to before a notary public in and for the County of Eagle, State of Colorado, . this day of J . Notary Public My Commission expires.. CERTIFICATE OF PUBLICATION I, Patty McKenny, Town Clerk for the Town of Avon, Colorado, hereby certify that a true and full copy of the Town of Avon Ordinance Number 02-9, Series of 2002 was published in the udt1IN E~Mqml a newspaper of general circulation in the Town of Avon, Colorado, on U CP , 2002. A copy of the published text is attached hereto. 2 lau Date: JL)q 5, ZOt~ Patty cK nny Town 521179.3 CAMALC 05/30/02 1:54 PM 1?q ~ - 400 Advertising Receipt Colorado Mountain News Media 1001 Grand Avenue Suite 201 Glenwood Springs, CO 81601 Phone: 970-945-9937 Patty McKenny Town of Avon legal Attn: Patty McKenny PO Box 975 AVON, CO 81620 Ad taker: vet Salesperson: Cust#: 12101582-000 Ad#: 32503329 Phone: (970)748-4280 Date: 06/03/02 Classification: 0900 Description Start Stop Ins. Cost/Day Surcharges Total 44 Eagle Valley Ent. (Thurs) 06/06/02 07/04/02 5 123.08 615.40 Payment Reference: PUBLIC NOTICE Notice is hereby given, in accordance with Avon Town Charter Section 6.5(d) and Section 31-12-108 C.R.S., that pursuant to Resolution No. 02-21 Series of 2002, a public hearing will be held on July 9, 2002 at 5:30 p.m. in the Avon Municipal Complex, 400 Benchmark Road, Avon, Colorado, for the purpose of determining and finding whether the area described in the Post Boulevard Public Right of Way Petition for Annexation meets the applicable requirements of Sections 31-12-104 and 31-12-105 C.R.S. and is considered eligible for annexation. A copy of the Post Boulevard Public Right of Way Petition for Annexation is set forth below: PETITION FOR ANNEXATION TO THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO: The undersigned (collectively, the "Petitioners"), in accordance with the Municipal Annexation Act of 1965 as set forth in Article 12, Title 31, Colorado Revised Statutes, as amended and as in effect on the submission date set forth below ("Annexation Act'), hereby petition Total: 615.40 Tax: 0.00 Net: 615.40 Prepaid: 0.00 (Total Due 615.40 N° 25892 STATE OF COLORADO COUNTY OF EAGLE PROOF OF PUBLICATION SS. I, Don Rogers, do solemnly swear that I am the Managing Editor of The Eagle Valley Enterprise, that the same weekly newspaper printed, in whole or in part and published in the County of Eagle, State of Colorado, and has a general circulation therein; that said newspaper has been published continuously and uninterruptedly in said County of Eagle for a period of more than fifty-two consecutive weeks next prior to the first publication of the annexed legal notice or advertisement; that said newspaper has been admitted to the United States mails as a periodical under the provisions of the Act of March 3, 1879, or any amendments thereof, and that said newspaper is a weekly newspaper duly qualified for publishing legal notices and advertisements within the meaning of the laws of the State of Colorado. That the annexed legal notice or advertisement was published in the regular and entire issue of every number of said weekly newspaper for the period of consecutiveynsertions; and that the first publication of said notice was in the issue of said newspaper dated 3.....trp A. D.~.° an that the last publication of said notice was in the issue of said newspaper dated ~ / A.D In witness whereof I have hereunto set my hand this day of Managing Editor Subscribed and sworn to before rne,,a notary public in and for the County of Eagle, State of Colorado, this day of L~-~ .......:.C.. . ...'CJ Notary Public My Commission expires -Itz.r~.. C?-2-C&-07 PUBLIC NOTICE Notice is hereby given, in accordance with Avon Town Charter Section 6.5(d) and Sec- tion 31-12-108 C.R.S., that pursuant to Resolution No. '02-21 Series of 2002, a public hearing will be held on July 9, 2002 at 5:30 p.m. in the Avon Municipal Com- plex, 400 Benchmark Road, Avon, Colora- do, for the purpose of determining and find- ing whether the area described in the Post Boulevard Public Right of Way Petition for Annexation meets the applicable require- ments of Sections 31-12-104 and 31-12- 105 C.R.S. and is considered eligible for annexation. A copy of the Post Boulevard Public Right of Way Petition for Annexation is set forth below: PETITION FOR ANNEXATION TO THE TOWN COUNCIL OF THE TOWN DF AVON, COLORADO: The undersigned (collectively, the 'Petitioners'), in accordance with the Municipal Annexation Act of 1965 as set forth in Article 12,'Title 31, Colorado Revised Statutes, as amended and as in effect on the submission date set forth below (Annexation Act'), hereby petition ('Petition') the Town Council of the Town of Awn, Colorado ('Council'), to an- nex to the Town -of Avon (Town')1he unincorpo- rated territory located in Die County of Eagle, State of Colorado, which property is more particularly de- scribed in Exhibit A attached hereto andncorpo- rated herein by reference (Property'). In support of this Petition, Petitioners allege that: 1. It is desirable and necessary that the Property be annexed to the Town. 2. The requirements of Sections -104 and -105 of the Annexation Act exist or have been met. 3: Not less than one-sixth (116) of the perimeter of the Property is contiguous with the Town's current . municipal boundaries. 4. A community of interest exists between the Property and the Town. 5. The Property is urban or will be urbanized in the near future. ' 6. The Property is integrated with or is capable of being integrated with the Town. . 7. The Petitioners comprise more than fifty percent (509%) of the landowners in the Property owning more than fifty percent (50%) of the Property, ex- cluding public streets, and alleys and any land awned by the annexing municipality, and the Pat- tioners hereby consent to the establishment of the boundaries of the Property as shown on the an- nexation plat submitted herewith. 8. The Property is not presently a part of any incur- porated city, city and county, or town; no proceed- ings have been, commenced for incorporation or annexation of part or at of the Property to any oth- er. municipality; no election for annexation of the Property or substantially the same territory to the Town has been held within the twelve (12) months immediately preceding the filing of this Petition. 9. The proposed annexation will not result in de- tachment of area from any school district or attach- ment of same to another school district. ' 10. Except to the extent necessary to avoid divid- Ing parcels within the Property (held in identical ownership, at least folly percent (509/6) of which are within the three (3) mile limit, the proposed annex- ation will not extend the municipal boundary rof Town more than three (3) miles .in any direction. from any point of the current municipal boundary. 11. The proposed annexation will not result in the denial of reasonable access to any landowner, . owner of an easement, or owner of a franchise ad- jamr~g 4P latted street or alley which has been an- nexed the Town but is not bounded on both- sides by the Town. 12. In: establishing the boundaries of the Property, no land which is held in identical ownership, whether consisting of a single tract or parcel of real . estate or two or more contiguous tracts or parcels of real estate: (a) is being cr.- without the written consent o or parcels uch tracts -are separated by a dedicated street, road, or other public way; or - (b) comprising twenty (20) acres or more and to L gather with bu Icings and improvements situate thereon having a valuation for.assessment in ex- cess df W,Ob0.00'for ad'vM&=W=1 4or the year nazt.preoeding.the lion, isincluded.in the.Properiy without the written. consent of•the landowner or landowners. 13. If a portion of a platted street or alley is to baT f-annexed, the entire width thereof is included within the Property'. 14. The thgal description of the land owned by the Petit oners is set forth underneath the name of each such Petitioner on Exhibit A, attached hereto and incorporated herein by this reference. j 15. The affidavit of the circulator of this Petition- certifying that each signature on this Petition is the signature of the person whose name it purports to be and certifying the accuracy of the date of such signature is attached hereto as Exhibit B and is in- corporated herein by this reference. 16. This Petition is'accompanied by four prints of an annexation map -containing, among other things, the following information: (a) A Written Legal description of the boundaries of the Property; (b) A map showing the boundary of the Property, (c) Within the annexation boundary map, a'show- ing--of.the'location of each ownership tract in_un- platted land and, 4 part or all of the'area.is platted the boundaries and the plat numbers of plots or of lots and blocks; and (d) Next to the boundary of the Property, a drawing of the contiguous boundary of the annexing munic- ipality abutting the Property. 17. Petitioners have filed this Petition subject to the i following conditions: 4a) Petitioner Traer Creek Metropolitan District . 'TCMD') have the right, with or without the con- sent or agreement of any other Petitioner or Land- owner within the Property, to withdraw this Petition by so notifying the Town Clerk in writing prior to the fortieth (40th) day after the effective date of the final ordinance approving annexation of the Prop- arty. . '(b) Prior to expiration of the period described in.the foregoing subparagraph (a) without TCMD having withdrawn the Petition, neither Petitioners, any oth- er landowner within the Property, nor the City shall cause or permit the occurrence of the conditions to effectiveness of the annexation as set forth in Sec- tion -113(2)(b) of the Annexation Act.. 18. Except for the terns and conditions of this Peti- . lion, which terms and conditions Petitioners ex- pressly approve and therefore do not constitute an imposition of additional terms and conditions within the meaning of Section -107(1)(g) of the Annexa- i bon Act, Petitioners -request that no additional terms and conditions be imposed upon annexation of the Property to the Town. [THEREFORE, Petitioners request that the Town Council of the Town of Avon, Colorado, complete and approve the annexation of the Property pur. suant to the provisions of Ute Municipal Annexation Act of 1965, as amended. Respectfully submitted this day . of 2002. j Signatures of Petitioners: TRAER CREEK METROPOLITAN DISTRICT, a Colorado Special District formed pur- suant to C.R.S. § 32-1-101 et. seq. and a govern mental subdivision of the State of Colorado By: William J. Post, President Date of Signature: Mailing Address: P.O. Box 640 Vail, Colorado 81658 Attn: William J. Post, Esq Resident of the Property? NO` EDINBURGH CORPORATION, a Texas corporation By: C. Michael Bowen, President Date of Signature: . Mailing Address: Preeo Silverman Green & Eagle PC 1401 17th street, suite 600 Denver, Colorado 80202 Attn: Robert L Preeo, Esq. 'Resident of the Property? NO MARGARET BEYER. personal rep- resentative for the Estate of Jeanette L. Nottingham, aWa ' JEANETTE NOTTINGHAM, deceased By: Margaret Beyer Date of Signature: Mailing Address: _ Meek & Swartz, P.C. 1824 West Street Redding, California 96001-1793 Attn: William L. Meek, Esq. Resident of the Property? NO EXHIBIT A TO PETITION FOR ANNEXATION Legal Description of the Property Section 1. Name of Petitioner: EDINBURGH COR- PORATION, a Texas Corporation , ,That part of Lot 6, McGrady•Acres, according to the final plat thereof recorded in Book 558 at Page 533, in the office of the Eagle County,, Colorado, Clerk and Recorder, described as follows: Beginning at the most easterly corner of said Lot 6; thence the following three courses along the south- easterly One of said Lot 6; (1) 19.13 feet along the arc of a curve to the right, having a radius of 487.63 feet, a central angle of 02°14'51', and a chord that bears S76°52'36°W 19.13 feet; (2) S78-OVOI-W 93.40 feet; (3) 31.15 feet along the are of a curve to the left, having a radius of 570.00 -feet, a central angle of 03'0T51', and a chord that bears S76°26'06"W 31.14 feet; thence, departing said southeasterly fine, N50°51'S5'E 45.70 feet; thence 60.15 feet along the arc of a curve to the left, having a radius of 697.62 feet, a central angle of 04°56'23', and a chord that bears N49°14'01'E 60.13 feet to the northeasterly line of said Lot 6; thence S57°59'O5'E 69.88 feet, along said north- easterly line, to the point of beginning, containing 3425 square feet, more or less. Section 2. Name of Petitioner: MARGARET BE- YER, as personal representative for the ESTATE OF JEANETTE L. NOTTINGHAM, alkla JEA- NETTE NOTTINGHAM, deceased PARCEL B ' That part of Lot 1, Nottingham Cottages P.U.D., according to the final plat thereof recorded as Document No. 652403 in the office of the Eagle County, Colorado, Clerk and Recorder, described as follows: Beginning at the northwesterly comer of said Lot 1: .thence, along the northwesterly fine of said Lot 1, 178°00'OVE 19.88 feet; thence, departing said northwesterly line, S50°51'55*W 28.15 feet to the westerly line of said.Lot 1; thence, along said west- edy line, N09°5T00'E 13.84 feet to the point of be- ginning, containing 127.6 square feet, more or less. i PARCEL C That part of Lot 2, Nottingham Cottages, P.U.D., according to the final plat thereof recerded as Document No. 652403 in the office of the Eagle County, Colorado, Clerk and Recorder, described as follows: Beginning at the most westerly comer of said Lot 2; thence the following three courses along the northwesterly line of said Lot 2 (1) N60°52'49'E 101.94 feet; (2) 149.40 feet along the arc of a curve to the right; having a radius of 500.00 feet, a central angle of 17°OT12', and a chord that bears N69°26'25-E 148.85 feet,, (3) N78°00'Ol'E 37.70 feet to the most northerly -comer of said Lot 2; thence, along the oommon.line of said Lot 2 and Lot 1 of said Nottingham Cottages RUM., S09°5T00'W 13.84 feet; thence, ep said. common line, S50°51'S5'W 84.85 feeY"thence S34°42'S1'E 0.82 feet, thence 16.25 feet along the arc of a curve to the right, having a radius of 105.25 feet, a central angle of 08°50'45", and a chord that bears S60°30'44'W 1623 feet; thence 2327 feet along the arc of a curve to Ute tefL hav- ing a radius of 94.75 feet, a central agle of 14°04'12', and a chord that bears S57°5401"W 2321 feet-, thence S50°51'55W 109.16 feet; thence 622 feet along the arc of a curve to the left, haying a yadius of 164.7.5 Jeeta_ central angle of 02°09'48` and 'a chord that bears__ZW47Y1RW, 622 feet to the soulthwesterty line of said Lot 2; thence the following two courses along said sot th- westedy line: (1) N60°2520'W 53.87 feat; (2) N47-A'03'W 37-01 feet to the point of beginning, containing 14796 square feet, more or less. J Section 3. Name of Petitioner. TRAER CREEK METROPOLITAN DISTRICT; as the condemning authority in legal possession pursuant to the Order of Possession entered on April 24, 2002, in Case No. 01-CV--524. . . PARCEL D That Part of (Corrected) Final Plat - Condominium Map SUN RIVER CONDOMINIUMS according to the map thereof recorded in Book 318 at Page 186 -in the office of the Eagle County, Colorado, Clerk and Recorder, described as follows: Beginning at the most easterly comer of an etdst- ing 60 foot wide Access Easement as shown on - said (Corrected Final Plat - Condominium Map SUN RIVER CONDOMINIUMS; thence the follow- 0 courses along the northeasterly line of said 1 (Corrected) Final Plat - Condominium SUN RIVER CONDOMINIUMS: (1) S47°59'0336.78 feet: (2) 560°2520-E 53.87 feet; thence, departing said northeasterly line, 11.11 feet along the are of a curve to the left, having a radius of 164.75 feet, a central angle of 03°51'47', and a chord that bears S46°46'13-W 11.11 feet; thence 30.80 feet along the arc of a curve to the left, having a radius; of 47.00 feet, a central angle of 37°33'10', and a chord that beats S26°03'45'W 30.26 feet, to the southwesterly line of said (Corrected) Final Plat - Condominium Map SUN RIVER CONDOMINI- UMS; thence, along said southwesterly line, 130.71 feet along the arc of a curve to the right, having a radius of 1830.00 feet, a Central angle of 04°05'33', and a chord that bears N68°3804'W 130.68 feet to the most southerly corner of said 60 foot wide' Access. Easement; thence, departing said southwesterly line, N60°53'00"E 78.68 feet, along the southeasterly :line of said 60 foot wide Access Easement, to the point of beginning, con- twining 5591 square feet, more or less. PARCEL E That part of (Corrected) Final Plat - Condominium Map SUN RIVER CONDOMINIUMS"according to the map thereof recorded in Book 318 at Page 186 in the office of the Eagle County, Colorado, Clerk and Recorder, described as follows: Beginning at the most northerly comer of an exist- ing 60 foot wide Access Easement as shown on said (Corrected) Final Plat - Condominium Map SUN RIVER CONDOMINIUMS; thence, along the northwesterly line of said 60 foot wide Access Easement, S60°53'00'W 79.05 feet; thence, de- parting said northwesterly line, N25°21'46'E 17.60 feet; thence N60°53'24'E 61.24 feet, to the north- easterly line of said (Corrected) Final Plat - Con- dominium Map SUN RIVER CONDOMINIUMS; thence S47°59'03'E 10.80 feet, along said north- easterly line, to the point of beginning, containing 717 square feet, more or less. EX B TO PETITION FOR FOR ANNEXATION Affidavit of Circulators The undersigned, being of lawful age, who being first duly swum upon oath deposes and says: - That he was the circulator of the foregoing Petition for Annexation of lands to.the Town of Avon, con- sisting of pages including this page, and that the - signature of. thereon was witnessed by the circulator and are the true and original signatures of the person i whose name they purport to be, and that the dates of such signatures are correct. Circulator STATE OF ss. COUNTY OF) The foregoing AFFIDAVIT OF CIRCULATOR was subscribed and swom to before me this _ day of - 2002, by Witness my hand and official seal. My commission expires: Notary Public The undersigned, tieing of lawful age, who being - r first duly swom upon oath deposes and says: i That he was the circulator of the foregoing Petition for Annexation of lands to the Town of Avon, con- sisting of pages including this page, and that the signature of Margaret Beyer thereon was witnessed by the circulator and are the true and original signatures of the person whose name they , purport to be, and that the dates of such signatures - are correct Circulator STATE OF as. COUNTY OF ) The foregoing AFFIDAVIT OF CIRCULATOR was -subscribed and swom to before me this _ day of , 2002, by