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TC Ord. No. 2002-10 Concerning the annexation to the TOA of certain property as described in the lot 6 Mcgrady acres subdivision petition for annexationTOWN OF AVON ORDINANCE NO. 02-10 SERIES OF 2002 AN ORDINANCE CONCERNING THE ANNEXATION TO THE TOWN OF AVON, COLORADO, OF CERTAIN PROPERTY AS DESCRIBED IN THE LOT 6, MCGRADY ACRES SUBDIVISION PETITION FOR ANNEXATION. WHEREAS, on May 10, 2002, EDINBURGH CORPORATION, a Texas corporation, 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 02-28, 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. 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. 808989 Page: 1 of 17 521179.3 cnMnic 0ei3i02 951 AM 10/02/2002 01:11P: Sara J Fisher Eagle, CO 289 R 86.00 D 0.00 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. 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 of~tAe Town Council of the Town of Avon, Colorado, on the day of JQ~J , 2002 at 5'• 30 p.m. in the Avon Municipal Complex, 400 Benchmark Road, Av n, C lorado. TOWN OF AVON By: Jud oder 808989 Ma or of the Town of Avon, Colorado Page: 2 of 17 10/02/2002 01:11P' Sara J Fisher Eagle, CO 289 R 86_00 D 0.00 521179.3 CAMALC 05/30/02 2:05 PM 2 F,y 64 Attest:' Patty ] Town INTRODUCED, PASSED O SECOND READING, APPROVED AND ORDERED PUBLISHED this 97~1- day of rww , 2002. TOWN OF AVON By: Jud oder Ma or of the Town of Avon, Colorado Attest: APPROVED AS TO FORM: `~1l John D tsq. Town =ey IIN~Illllllrylll~~~ll~l~ll Page: 08989. P 10/02/2002 Sara J Fisher Eagle, CO 289 R 86. 00 D 0. 00 521179.3 CAMALC 05/30/02 2:05 PM 3 EXHIBIT A TO ORDINANCE NUMBER 02-10, SERIES OF 2002 (Legal Description of Annexation Property) Lot 6, McGrady Acres, according to the final plat thereof recorded in Book 558 at Page 533, at Reception No. 454664, in the office of the. Eagle County, Colorado, Clerk and Recorder, EXCEPT that portion 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 are 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. Page: 4 11P 10/02/2002 088s, IIra IIIHpIIIIINIaIIIIIIIWININI , lllll~llllllUl , 8 521179.3 CAMALC 06/3/02 9:51 AM A-1 EXHIBIT B TO ORDINANCE NUMBER 02-10, SERIES OF 2002 (Copy of Resolution Number 02-28, Series of 2002) 808989 Page: 5 of 17 10/02/2002 01:11P Sara J Fisher Eagle, CO 289 R 86.00 D 0.00 521179.3 CAMALC 07/5/021:18 PM D-1 RESOLUTION NO. 02-28 SERIES OF 2002 RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF AVON SETTING FORTH FINDINGS OF FACT AND CONCLUSIONS REGARDING THE ANNEXATION OF CERTAIN PROPERTY AS DESCRIBED AS THE LOT 6, MCGRADY ACRES PETITION FOR ANNEXATION WHEREAS, annexation proceedings were heretofore initiated by the filing on May 10, 2002 of the Lot 6, McGrady Acres 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. 02-22 finding substantial. compliance of Petition, and setting a hearing to determine if the proposed 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 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 3142-104 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. Il~lnlu~~wl'~Ip'HA~G~pp 80898N Page: 6 544252.1 CAMALC 07/3/02 9:02 AM PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Avon held this Crt'~-- day of , 2002. Jud oder Mayor of the Town of Avon, Colorado ATTEST: Patty cKe y' Town r ~INII~III NINNNII~I~~INIA Y ~ 80898« Sara J 544252.1 CAMALC 07/3/02.9:02 AM PETITION FOR ANNEXATION TO THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO: EDINBURGH CORPORATION ("Petitioner'), 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 petitions ("Petition's the Town Council of the Town of Avon, Colorado ("Council'), to annex to the. Town of Avon ('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 ert 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 ouhave been met. .3. Not less than one-sixth (1/6) 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 Petitioner comprises 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 Petitioner hereby consent to the establishment of the boundaries of the Property as shown on the annexation plat submitted herewith. S. 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. 1111111111111111111111111111111111111111111111111111111 n 8 a89w`9„11. Sara J Fisher Eagle, Co 289 R 86. 00 D 0. 00 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 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 Petitioner is set forth underneath a the name of Petitioner on Exhibit B, attached hereto and incorporated herein by this reference. M m m 15. The affidavit of the circulator of this Petition certifying that each signature on this 00 m Petition is the signature of the person whose name it purports to be and certifying the accuracy of co 01 N o the date of such signature is attached hereto as Exhibit C and is incorporated herein by this reference. CO 16. This Petition is accompanied by four prints of an annexation map containing, CO among other things, the following information: (a) A written legal description of the boundaries of the Property; m m N (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 ® W and the plat numbers of plots or of lots and blocks; and ~ L ®y (d) . Next to the boundary of. the Property, a drawing of the contiguous boundary of the annexing municipality abutting the Property. - L A N 17. In connection with the processing of this Petition, the Petitioner requests that the Town institute a zoning approval process for the Property in accordance with applicable provisions of the Municipal Code of the Town of Avon and in accordance with Section -1.15 of the Annexation Act 18. Petitioner has filed this Petition subject to the following conditions: (a) Concurrently with its approval -of annexation of the property, the Town Council. approves for those portions of the Property that. are not public right-of-way Neighborhood Commercial (NC) zoning which is consistent with the. application for zoning which Petitioner submits in connection with this Petition. (b) Petitioner shall have the right to withdraw this Petition by so notifying the Town Clerk in writing prior to the fortieth (40th) day after the latest effective date of the final ordinances or resolutions approving annexation of the Property- and zoning of the Property; provided, however, that such withdrawal right may be exercised only if a third party commences a formal challenge to any of the approvals within such period. (c) Prior to expiration of the period described in the foregoing subparagraph (b) without Petitioner having withdrawn the Petition, neither Petitioner nor the Town shall cause orpermit the' occurrence of the conditions. to effectiveness -of the annexation as set forth in Section -113(2)(b) of the Annexation Act. 19. Upon the annexation of the Property becoming effective, and subject to the conditions set forth in this Petition, the Property shall become subject to all ordinances, resolutions, rules and regulations of the Town, except as otherwise set forth in the Annexation and Development Agreement, and except for general property taxes of the Town which shall become effective on January 1 of the next succeeding. year following adoption of the annexation ordinance. 20. Except for the terms 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, Petitioner request that no additional terms and conditions be imposed upon annexation of the Property to Ahe Town. THEREFORE, Petitioner requests that the Town Council of the Town of Avon, Colorado, complete and approve the annexation of the Property pursuant to the provisions of the Nuuicipal Annexation Act of 1965, as amended. kv\ Respectfully submitted this day-of. 2002. Signatures of Landowner/Petitioner: EDINBURGH CORPORATION By:C. 'MICH B N, ent 80898 By. NA C-W Page: 10 of e17 iP Titlee: Presidentefl Bowen Sara J Fisher Eagle, CO 289 R 86.00 D 0.00 Date of Signature: -'~t g to Z 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 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 an d 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 Petitioner is set forth underneath a the name of Petitioner on Exhibit B, attached hereto and incorporated herein by this reference. CY) m m 15. The affidavit of the circulator of this Petition certifying that each signature on this 00 o m m Petition is the signature of the person whose name it purports to be and certifying the accuracy of 01 00 o the date of such signature is attached hereto as Exhibit C and is incorporated herein by this 0 m ° reference. 00 16. This Petition is accompanied by four prints of an annexation map containing, CO among other things, the following information: (a) A written legal description of the boundaries of the Property; N (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 W L' e N (d) Next to the boundary of the Property, a drawing of the contiguous boundary of the annexing municipality abutting the Property. L. 17. In connection with the processing of this Petition, the Petitioner requests that the Town institute a, zoning approval process for the Property in accordance with applicable provisions of the Municipal Code of the Town of Avon and in accordance with Section -1.15 of the Annexation Act 18. Petitioner has filed this Petition subject to the following conditions: t Mailing Address: P.O. Box 3901 Avon, CO 81620 Attn: C. Michael Bowen. Resident of the Property? NO 89' IIII~IIIII~IIIIuIII289 ~IINul86. la 8 08911 of 17 Sara J EXHIBIT A. TO PETITION FOR ANNEXATION Legal Description of the Property Lot 6, -McGrady Acres, according to the final plat thereof recorded in Book 558 at Page 533, at Reception No. 454664, in the office of the Eagle County, Colorado, Clerk and Recorder, EXCEPT that portion described as follows: Beginning at the most easterly comer of said Lot 6; thence the following three courses along the southeasterly line of said Lot 6; (1) 19.13 feet along the are 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 S76052'36"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 $76°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. III~I IRIIIII„INII~I~IIII ~ 0899.'... Sara J FisherEagle, 289 R 86-00 Mailing Address: P.O. Box 3901 Avon, C081620 Attn: C. Michael Bowen. Resident of the Property? NO II~IIIIINuIu~II1IIII~II~IupN8089w~ Sara J .n EXHIBIT B TO PETITION FOR ANNEXATION Legal Description of Property Owned by Petitioner Name of Landowner/Petitioner: EDINBURGH CORPORATION Lot 6, McGrady Acres, according to the final plat thereof recorded in Book 558 at Page.533, at Reception No. 454664, in the office of the Eagle County, Colorado, Clerk and Recorder, EXCEPT that portion described as follows 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 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"B 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. 808989 Page: 13 of 17 Sara J 111111111111111111111111111 l~ llll 111111111111111111111 289 ~ e 10/02/2002 01 Q EXHIBIT C TO PETITION FOR ANNEXATION Affidavit of Circulator 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 pages including this page, and that the signature. of the Peitioner thereon was witnessed by the circulator and is the true and original signature of the person whose names it purports to be, and that the date of such si i ture is correct. Circulator STATE OF COLORADO ) ).ss. COUNTY OF EAGLE ) The foregoing AFFIDAVIT OF CIRCULATOR was ub cribed and swom to before me this 9 day of K/uj 2002, by arAb ~Pr/iM' Witness my hand and official seal. My commission expires: JIIII~IIIIIIIIIIIIII~WNIIVIIIIIIIIIIIN~~IIII " e: 14 of Sara J.Fisher Eagle, Co 289 R 86. 00 D 0. 00 MY Commission Explres3J1112006 EXHIBIT B TO PETITION FOR ANNEXATION Legal Description of Property Owned by Petitioner Name of Landowner/Petitioner: EDINBURGH CORPORATION Lot 6, McGrady Acres, according to the final plat thereof recorded in Book 558 at Page 533, at Reception No. 454664; in the office of the Eagle County, Colorado, Clerk and Recorder, EXCEPT that portion described as follows 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. ~Iry III IIII VIIIa II II ICI VIII I~n 808989.',.. Sara J Fisher Eagle, CO 299 R 86. 60 D 0. 00 Q, LIST OF SPECIAL DISTRICTS AND SCHOOL DISTRICTS School District: Eagle County RE50J Suecial Districts: Colorado Mountain College Eagle River Water and Sanitation Colorado River Water Conservation Upper Eagle Valley Consolidated Sanitation Eagle Valley Library Eagle County Health Services Eagle River Fire Protection lllull~lllllullllll~lltl 808 15 of 89~'11. Sara J Fisher Eagle, CO 289 R 86.00 - D 0.00 I 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 9TH DAY OF JULY 2002, AT THE TOWN OF AVON MUNICIPAL BUILDING FOR THE PURPOSE OF CONSIDERING THE ADOPTION OF ORDINANCE NO. 02-10, SERIES OF 2002: An Ordinance Concerning the Annexation to the Town of Avon, Colorado, of Certain property as described as Lot 6, McGrady Acres 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: c1,iJ~ r' Patty M enny ry~ j! To erk POSTED AT THE FOLLOWINfC~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 Sara miii~ugingiu~iiiiui~i289 uimuii~puMB g89eu9;'„o D 0. 00 STATE OF COLORADO ) COUNTY OF EAGLE ) SS TOWN OF AVON 1 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. 02-10, SERIES OF 2002: AN ORDINANCE CONCERNING THE ANNEXATION TO THE. TOWN OF AVON, COLORADO, OF CERTAIN PROPERTY AS DESCRIBED IN THE LOT 6, MCGRADY ACRES SUBDIVSION 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, l Ith day f• TOWN OF AVON, COLORADO. S E A L BY: 1 Celia Fenton, Deputy Town Clerk POSTED AT THE FOLLOWING PUBLIC PLACES WITHIN THE TOWN OF AVON ON JULY 11, 2002: AVON MUNICIPAL BUILDING, MAIN LOBBY ALPINE BANK, MAIN LOBBY AVON RECREATION CENTER, MAIN LOBBY CITY MARKET, MAIN LOBBY 1111111111111111111111111111111111111111111111111111111 808~89 ~'iIo Sara J Fisher Eagle, Co 289 R 86. 00 D 0. 00 C 4 0 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. 02-10, SERIES OF 2002: An Ordinance Concerning the Annexation to the Town of Avon, Colorado, of Certain property as described as Lot 6, McGrady Acres Petition f6r 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: '3 3 (~c atty cK nny Town 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.Bome, Director of Community Development. Date July 3, 2002 Re: Second Reading of Ordinance 02-10 - An Ordinance Concerning the Annexation to the Town of Avon, Colorado, of certain property as described as Lot 6, McGrady Acres Petition for Annexation (Public Hearing) Summary The Petition for Annexation (`Petition") filed by Edinburgh Corporation, a Texas corporation for Lot 6, McGrady Acres Subdivision has been found to be in substantial compliance with Colorado statutes as evidenced by approval of Resolution 02-22 Series of 2002. The First Reading of Ordinance 02-10, Series of 2002 initiated the annexation process on May 28, 2002. The purpose of this public hearing is to annex the property contained in the Petition to the Town. Recommendation Staff recommends Town Council approve Ordinance 02-10, on second reading, An Ordinance Concerning the Annexation to the Town of Avon, Colorado, of certain property as described in the Lot 6, McGrady Acres Subdivision Petition for Annexation. Proposed Motion " I move to approve on second reading Ordinance 02-10 An Ordinance Concerning the Annexation to the Town of Avon, Colorado, of certain property as described in the Lot 6, McGrady Acres Subdivision Petition for Annexation." Town Manager Comments cc,1,7 <<« Attachments: Ordinance 02-10, Series of 2002 Memo to Town Council, July 9, 2002 Page 1 of 1 Ordinance 02-10, Annexation for Lot 6, McGrady Acres (Public Hearing) e TOWN OF AVON ORDINANCE NO. 02-10 SERIES OF 2002 AN ORDINANCE CONCERNING THE ANNEXATION TO THE TOWN OF AVON, COLORADO, OF CERTAIN PROPERTY AS DESCRIBED IN THE LOT 6, MCGRADY ACRES SUBDIVISION PETITION FOR ANNEXATION. WHEREAS, on May 10, 2002, EDINBURGH CORPORATION, a Texas corporation, 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 02-28, 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 thePetition; 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. 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. 521179.3 CAMALC 06/3/02 9:51 AM 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. 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 o Town Council of the Town of Avon, Colorado, on the Cr,t' day of JQd , 2002 at 5'• 30 p.m. in the Avon Municipal Complex, 400 Benchmark Road, Av n, C lorado. TOWN OF AVON By: _ Jud oder Mayor of the Town of Avon, Colorado 521179.7 CAMALC 05/30/02 2:05 PM Town INTRODUCED, PASSED ON SECOND READING, APPROVED AND ORDERED PUBLISHED this day of , 2002. TOWN OF AVON By: Judy Yoder Mayor of the Town of Avon, Colorado Attest: Patty McKenny Town Clerk APPROVED AS TO FORM: John Dunn, Esq. Town Attorney 521179.3 CAMALC 05/30/02 2:05 PM EXHIBIT A TO ORDINANCE NUMBER 02-10, SERIES OF 2002 (Legal Description of Annexation Property) Lot 6, McGrady Acres, according to the final plat thereof recorded in Book 558 at Page 533, at Reception No. 454664, in the office of the Eagle County, Colorado, Clerk and Recorder, EXCEPT that portion 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. 5211793 CAMALC 06/3/02 9:51 AM A-1 EXHIBIT B TO ORDINANCE NUMBER 02-10, SERIES OF 2002 (Copy of Resolution Number 02-28, Series of 2002) 521179.3 CAMALC 07/5/02 1:16 PM RESOLUTION NO. 02-28 SERIES OF 2002 RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF AVON SETTING FORTH FINDINGS OF FACT AND CONCLUSIONS REGARDING THE ANNEXATION OF CERTAIN PROPERTY AS DESCRIBED AS THE LOT 6, MCGRADY ACRES PETITION FOR ANNEXATION WHEREAS, annexation proceedings were heretofore initiated by the filing on May 10, 2002 of the Lot 6, McGrady Acres 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, 02-22 finding substantial compliance of Petition, and setting a hearing to determine if the proposed 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 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 11, 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. 544252.1 CAMALC 07/3/02 9:02 AM PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Avon held this day of , 2002. Judy Yoder Mayor of the Town of Avon, Colorado ATTEST: Patty McKenny Town Clerk 544252.1 CAMALC 07/3/029:02 AM PE I-1 ION FOR ANNEXATION TO THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO: EDINBURGH CORPORATION ("Petitioner'l, 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 Ac 1. hereby petitions ("Petition') the Town Council of the Town of Avon, Colorado Council'), to annex to the Town of Avon ("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 ert 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 (1/6) 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 Petitioner comprises more than fifty percent (50%) .of the landowners in the Property owning more than fifty percent (501/0) of the Property, excluding public streets, and alleys and any land owned by the annexing municipality, and the Petitioner 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. 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 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 panels 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 Petitioner is set forth underneath the name of Petitioner on Exhibit B, 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 C d 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. In connection with the processing of this Petition, the Petitioner requests that the Town institute a zoning approval process for the Property in accordance with applicable provisions of the Municipal Code of the Town of Avon and in accordance with Section -1.15 of the Annexation Act 18. Petitioner has filed this Petition subject to the following conditions: EXHIBIT B TO PETITION FOR ANNEXATION Legal Description of Property Owned by Petitioner Name of Landowner/Petitioner: EDINBURGH CORPORATION Lot 6, McGrady Acres, according to the final plat thereof recorded in Book 558 at Page 533, at Reception No. 454664, in the office of the Eagle County, Colorado, Clerk and Recorder, EXCEPT that portion described as follows 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 S76026'06"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. .,(i LIST OF SPECIAL DISTRICTS AND SCHOOL DISTRICTS School District: Eagle County RE50J Special Districts: Colorado Mountain College Eagle River Water and Sanitation Colorado River Water Conservation Upper Eagle Valley Consolidated Sanitation Eagle Valley Library Eagle County Health Services Eagle River Fire Protection 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 .e; mAj:U 2t a newspaper of general circulation in the Town of Avon, Colorado, on cjUl (p , 2002. A copy of the published text is attached hereto. Date: Jw~-Y (Q, 20021 '4 ~kC Patty McKe TownClerk 521 179.3 CAMALC 05/30/02 2:05 PM 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. 02-10, SERIES OF 2002: An Ordinance Concerning the Annexation to the Town of Avon, Colorado, of Certain property as described as Lot 6, McGrady Acres 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 z: r:. BY: Patty M envy To erk POSTED AT THE FOLLOWING"'PURI✓IC 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 I'll' PROOF OF PUBLICATION STATE OF COLORADO S.S. COUNTY OF EAGLE N° 25891 A. thep area of W I.' `blurs 105,, PETITION FOR ANNEXATION . TOTHETOWN COUNCIL OF THE TOWN OF AVON, COLORADO. Z uni 3rrJgtfed (i~llecuvc y, w 'Patio ro in ordanoe veiUl pls. ricipr~ Artiraxni `rr ml Qr„I -1965'as cet'firth in Ariic!s 12, Title 31, Cidor.l6ci. Revised Statute--, a: cts3 and ai In etlec on the submission ds.i'j 5ct tsr7h below Act"), hereby potlri l ('Pet titat) tt a Trim lltlOfLit l 04 thio.Tarrt of AwFi, Q? 1 #v 112c to the Yi alt,gf 4xri:€~T `Y sated ten tory Feasted-a1flro t"~owley rl E $et1D?,I of Colorado, whirls" _ ie ttrere pM:da• nbe_d iii E1dlibit al a lllherefn and:lnoorpo-- rated herein by rofereioo ('pml_rtY in'support' of this Potition, Pelitiaters al{8ge that 1. It is desirable and rocassary-that the Property be anrreued to the Taint. 2. The requirements of Sections -104 and -105 of the Annexation Act exist or have been met. 3. Not lass th.._n one-sixth (116) of the penrnator of the Property is wnligwxu.with the Town's current munrJ,Rlt-idanes, - - - -4.-A community of interest oxrsts between the Property and the Town. 5, The Property is urban or will be u barazed in the new future. 6. The Property is rntegrated' with or is capable of being Integrated with the Town. - 7. Tiie Pati hirers rompnse more Dian fifty pemerrt, (50%),~of' the IandoWhersin -the Property m 'aw v, g' ore than fifty,Percent,(50%) etthe;Properry, ex- duiJfng' puhltc streets, 'and, alloys and ,aiy land, owned by the enneidrtg,nwnici city atd,",,Peib- ti n ri haretry corisent to the estabfishrrreiit of late.; ualinoanes rn he'Prope ty nsshdvnlart`the an rremtien plat submiRed hereMth. , 8. The PrOP sestet Oressnl~y" a part ot-ar y moor T' . ' PUBLIC,NOME Notice is";here given in accOrdartCA w tti Avdr% Town Charter 6.5(d} and Section-31 12: 108 C:R:S that~ursuant to.Aesofutron.No ;U(t2 .v....s non r.....a...`. of ~ r~ra`..., ,2 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 consecutive insertions; and that the first publication of said notice was in the issue of said newspaper dated ......Q.~ . A.D. "e2.'~ . and 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 ......CJ...... day of ,..Q. Managing Editor Subscribed and sworn to befo e, a notary public in and for the County of Eagle, State of Colorado, this .................g.1...... day of -2 - Notary Public My Commission expires'.. an er Pn irnmadiatelyprec~Rdirrg the filing of"Pei 9 The proposed annexation will not msult in de- tachment of area from arrys-pool district or_attach- -rnenf of same to another school district. 10. Except to the extent noxsaary to avoid divid- ing parcels wrttftn the Property-held in identical, ownership, at least. fifty percent (50°x) of winch aie within the three, (3)-mile (unit, the~proposod annex- anon will not extend -the munldpal.boundary'of the ~TXn more than three (3) miles in any,ddireciion from any powt Of ft current mun c,pal boundary ti. The j r posed anrwxaflon rn0 not rep ft m ffW. loins a platted street or, affey which has bsen aA- next"by the Torn 1pR is net Mtrndeil on "h -sides by the Town. 112. In establishing ,the boundwies,of the Property, ..,iientical ownership no land which Is, held An ,,whether consisting or a single tract or pairicel of Teal eatate or'two w more (xontiguouc tracts or parcels of real estate:' (a) is,being divided into separate parts of parcAS 1 lhifiout the written c n ont of the landowner or i'. Iandowirwi s thereof unless such. track' or par « are separated by a dedicated street, road, W ottiAY pdbl oway, or (b) comp-g twenty(20) acres or more and ta% gainer with buildings and irWr.-enients situate'. itiereon having a: valllafion for assessment in ex cess of $200,000.00 for,ad valorem, purposes' for," year next preceding the pioposed'annexa- don, is included in the Property without the Written 'consent of the landrnvrrer or landowners.= 13.tf aPortion of a'platted street or alley sto be ` annexed, the entire width thereof is inciu i l within the Property. 14- The 11*3 desow on of the Wnd owned by the. Petitioners, b set toM -:underneath the name Gqg each such Pefitionefon.ExiW A, attad>,d hi ah4 incorporated herefn.by.,this roterc rice. 15 - The -affidavit of the nrailata of this PetitQ:1_a p Oita Petition is ttpo ' fyirgl that each s;gnat+urowi signature of the person whose name it purports'to be and certifying the accurac of the date of such bignature is attached hereto as Exhibit B and is ln- f'ib poraled herein by this reference. 16 That PQL1'G 4 aocaalaan by f0111#W1nt6 Of x:, STATE OF COLORADO COUNTY OF EAGLE L PUBLIC NOTICE Notice is-.irereb'y given in accordance with Avon". N0- Z 5 O A 4 Town'charter Sect on E StQ and ~c4on 31-12 Q 7 t 108 C.R:S 11_pursuentto Rwolut,on 710.-0227; Series of 2002,_6 public heating will 66 heldton1.. ly';9, 2002 at 5:30 p.m. to the Avon Munrrap`alt&~ To , p4ex, 400 Benohmark ROad;,Avan Cotoq' tor. the purposa of determining and find g wtarthe; area described m Ste Pose Boulevard Piaii4(C"Rlght Wwsy Petifion for;Annex aid onIfne~gT~ PROOF OF PUBLICATION rxeregnretlrertafseaParrs3+az 1oaatt 105'C:R!S.:and ts:comit;iered,eligible , ta-,' lion. A'copyof,the;Post Bml!evard..P6Nic fiigii ut way Pei ition for Arviexafion is set ti be4ov ` PETITION FOR'ANNEXATION TO THE TOWN COUNCIL OF THE TOM OF AVON, COLORADOs SS. - The ur 'f_yned.(c'eNeiCS`"i- ty.., tho.'PetHioner5') ip. BECOrd2ilfyS eYf~tl L}*treg. ~mra.}.l Afet~Ydt~ft.'n lid 1865 as cst hnt}1 imArlc a 1? T+tJe 41 (a3 xuSo Revised Stawta~ a t it dsd and E5 al efleci on' the subauts!~v. daate--set irrttt belor7 (Anaft---ion Act) hereby po on ado (Pat boll') 01a orm Cotnc t . tk U1e Torvrt of R cam; {"ComrSF tin sill nEx to:Uee~ o4 va1 (.''roidss"~-ttla'•u ~ rated ~s+~` bcatetfaf td6 C~oesnty of~Em~, 6bttpl of Colorado, whieWpteperty is :htor®psrtlwrtasA,da 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 IS... consecutive insertions; and that the first publication of said notice was in the issue of said newspaper dated . ( A.D. ICJ and that the lastpulicationofsaid notice was in the issue of said newspaper dated..... . O ;~~~1 In witness whereof I have hereunto set my hand this ......45..... day of . Managing Editor Subscribed and sworn to befo e, a notary public in and for the County of Eagle, State of Colorado, this g.)...... day of Notary Public My Commission expires rated horern ty'refernnce'(•Prapery) li'SUpPott' I of this Pe4Gon, Fetitioners alleys fhat: 1. It Is desirable and neces ry that the Property` l be amll ed * the Tuwn. 2. The requirements at Sections -104 and -105 ot, -the'Anneiration'P.ct exist or have been rrret 3- Not less than ono-sixth (116) of the perimeter of the Property is contiguous. with the Town's aurerTl municipal burmdarius. 14::~A tOmmimily ol- interest ewsts between the Property and the Town 1 5 The Property is urban or will no urharniod in the; 1 rte$r future- 6. The Property is integrated with or is capable at; 'being integrated with the Town. T,The Petihoners ccmpn -e more Ulan fifty peraeal. (50%) of the urdotvners in the Property ownUlif more than fifty percennt (50%) of Iho Pi-er-ty oil- -and any larid, .by the annexing m4patfb andtiw Pob-, ttorlers hereby Con.^ifq to-the estabrtshmelrt of -V-Q boundariac of the'`Ptoperty as"shoFm iii'-:the an nexalb n plat submitted horawith. - annexafion'of part or, all of'the Property to!any. oth er re icipati* no election for,annexation of the Property. or substantially the same-territory to the Town has been held within the twelve ((12);months:` immediatelypreoed ng the filing d this fietition. 9 The proposed anrnexafion wW not result in de- tachmont of area from"any schoof distinct or, attach rirtent of same to another school district. 10. Except to the extent necessary to avoid dMd ing _parcels, wiUdn;.the Property held in identical" ownership, al least fifty percent (50%),of-which air within the three .(3):mile rimiL the Proposed annez- ation4i'll not extend the municipal boundary'of-tho -Town more than three (3) miles in any diroction' from any pant of lho cement municipal trzundary 11. The'propo-d enneadtion vi5 r.t ee-,tt in the. dental of reasonablo af;,~b3 to any landowner, owner -of an easement, or owner et a trancf)iso avd: loin - platted'street or, alley;whichdtas tmen in- nx2 by the Town is' not`bd:nde0: on Wh -i sides bylhe Tcwn. estataer two or more configuous.hacts or parceis of real estate: (a) is being divided into separate parts of parcels. wlfhout'lhe"written consent of thn landowner or I.landowners 'thereof unloss such tracts, or parc"r are separated by a dedicated street -road, or aff*( ptim c way o (b) coroprrrrng twenty (20) acres or morn and to-. gather` with: buildings "and rmpmrUamerits SttuaUS' thereon having a:val fion (or assn Tront in ez-. eess'of,$200,0W004or ed valorem tax purposes' for the'y~ear next preceding the pruj)c, d annaKm lion, is included inthe Property without the wntten. Consent of the lendowrier or landowners. 13 Jf a portien of a platted street or aliey is to he annexed; the entire width thereof is indudod. withbn the Property.: 14, The-kx3al description of the Land owned by the„ Petitioners is set forth undernoath the name biz e"ad1 such Peti6'o, on E:-tlfllt A, atttadred harelo and irroorpomted herein by this reference. - i 15 The-. affidavit at Tire arculator of this-Pelrion. certifying that each srgnsture on thrs Petition is th'e,,, .s-" ire Of the persw whose name it'p4lrpart5 to: be and certifying the accuracyiof the date of such Ns''griature is attached hereto as'Exhlblt 8-and is ti- crotpomted herein by this referorroe. - 16.Thi S'. Fatilaaiis ate..W-faun otintbcuf N_ 25899 PROOF OF PUBLICATION STATE OF COLORADO COUNTY OF EAGLE SS. A PUBLIC NOTICE Notice is hereby gu n-,rn"accornce wttn AV Town Charter.Sectiori6.5(d) and Secbonr_' 2' .:106 C R.SS ttiat'piirsuant to Resolution No=2] Seriesof 2002,'a public hearing rill be held,Drt fv g,-2002 ea 5:30p:m: in th@ Avon MuniclpaCt.o~r r, Isle requirehterits of'SecUoni 3142404 a xf:31 r-2 10.5 C:R.,&jand'is. considered: eligihle for amzesa- bon. A'6*p of the;Post Sot{Irjuard.ll Right of Way, Petition.for Annexation s'ser forth t'e,_ PETITION FOR'ANNEXATION - TO THE TOWN COUNCIL 'OF THE TOWN OF AVON'COLORADOi? t 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 consecutive insertions; and that the first publication of said notice was in the issue of said newspaper dated . . . A.D. Qo...i2.,..... and that the last publication of said notice was in the issue of said newspaper date ~a...'....... A.D.........~ G' In witness whereof I have hereunto set my hand this ......t5 day of Managing Editor Subscribed and sworn to befo e, a notary public in and for the County of Eagle, State of Colorado; this a...... day of Z ~ y Notary Public My Commission expires Xq3 cf Ccdorado, whidi''prC mare PUFIKA Zt04PU V l _cnbad -iri?Exhibtt a _ 'fierato and-iiioprprr: rated horein by roference rPrngerV)'th'Mi5port' of this Petition, Petitionor allege that: 1. It is desiratsu and necessary. that the Propert be arvlexed to the Trxpn: - 2. The requirements of Sections -114 and -105 of the, rinexetion Act exist or. have coon met 3: Not less than wie-sixth (1/6) of the, Perimeter Of. the Property is contiguous.wrth the Tocni s current" municipal twuax rips. - - 4. A community of interest 6xi8ts between the Property end the Town: 5. The Property is urban or will be urbordled in the near future. 6. The Property is intNi-ated wdh or rS capatrls of being integrated with the Town. . 7.,The Petitiorrers comprise more than fifty percent; . (50%) of; ttre,fandowners.m the Pivperty awn'. ,j more than fifty percent (50%) of tho Property, ox- dudu g 'public streets, 'and. mays 'and any land.. owned by, the annexing rrtt.(nieipit'rty and the Pat-. •fioners hereby, con50ftt to the establishment of the boundaries al lhe;Property as-shotm on the an-. nexquou plat submlfted herewith:.. >N S. The Property rs ftoi presr apart of arryr incor- !=lee`ctx any-and'counry, ortvun, no prOCQAd Yiavra MnnmrnmenrEd-~fer:.in~~tx:.'aion Or; Property. ;or 11yy the sarne.tenftory to:tne Town has been held within the twelve (12) niontfis immediately preceding the filing of this Petdi rh 9. The proasad annexation vrdl not result in cce tachment of area from arly., s,chod.dis rict or attach- mint of sam+ to anotherschoct disWd. 10. Except to the extent necessary to amd dm+' ing-;parcefs wit6w the Property held in idenLcal ownership at least fifty petcunt (SW/.) of whidl are,. within the three (3)`mtle imit, the proposed annex- ation will not extend the mu_nidpal:boundsr of the Tb1vn more than threee (3) mile; in any direction - from any point of the arnant municipal b u3ndary 11 The proposed ann-tion will not ,?wilt in n V denial, of reasonable access to arty lartdOwrndt, esker-oI an easem^nt, or owner of a fraa,,iW;e ad, Joihinrigg a platted street or. alley which has been an- nexed by the Town. but is not ba+sntod"on both sides by,tha Town. 12- In establishing tae bo,indarle8 of the Property no land whirl is held In "idari co~wn1er~up, whether con fisting of a single 'tract of WON at 0361 ekate:or two or more contiguous tracts or parcels: of Feel estate: (a) is being divided into separate parts nr pare ls, wlthout the written consent of the lanrtownor Or? landowners thereci uriless such tracts or Irarcel5'i are separated by adedtcated street, road, or atil public way, or (b) comprising twenty 120) _acres or ri and to- cess:of`$200,b00.00-for ad valorem.tax es! for the year next preceding the Prop annexe lion. is mduded inrthe"Property. without the written consent of the landwmer or landowners. 13: H a,por6on of`ri platta+j street or alloy is to be arrc+ ed; the entire width fhereof is included within tfie'Proputy. 14: The legal description of the land or+rwd by the ; .Pattiowas is set,forth.urterneath the na(t.~ each such Petitioner- on Exhibit A, attached fie atop art8 incorporated herein by this reference. 15. Tina affidavit of tfio-a,culator of this Petition. card: nng.that eadh signature on this Poblion is the signature: of the person whose name it,`purports to,, be and ceitifying the accuracy of the date,of such; l,slgnature is attached herotD as E~hiblt B and is In- corporated mein by this rofaBnm: 1 s.ThLs Pe4tbw is atCp[7n11yr1(9d,t71 faurofirlts`of I'll STATE OF COLORADO SS. COUNTY OF EAGLE N_ 25899 PROOF OF PUBLICATION b PUBLIC NOTICE Notice is'hereby given in accordance w~4 Town'Citi Secticn 6 5(d)°and 6echon;315? 108 C.R:s.,~u t;pursumrt lo.Resoldtkm No._ Q2; Series of 2002; 6 public hearing will be held-on 1 Iy;9; 2002: at 5:30 pm m the Avon Mur iclparC- Plex, 4WBenahmarlc Road, Avon Cotmedo l the purpose of deteFminutg'and fn whether,ti area described m:the Post Boul fzlihlic_flit bon 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 TH E TOWN OF AVON,COLORADO' i. The tut igneo (cd!l rvoty the 'Pntrtionors'), in accordance with the Ann_-jc, yt Az? 1955 assetfirth to ArtidaA2,'JIte 31.:Ca~xado Rovsad:Statutes, as amended and ns hi effect on the stfimr-su date set 4orih below { rmextm Act-), hereby pctitor, (Pettturi')'Vte /1lntCaa!s?71 i. ai Go Tam ? ficn. GGlerEtb., bBTM.'1 itv to fhe Tows, of ?,MW (-Tdlal')~ ts~'u.°l.r~~. 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 consecutive insertions; and that the first publication of said notice was in the issue of said newspaper dated . . A.D. Q..'~ and that the last publication of said notice was in the issue of said newspaper dated A.D..........L1.... In witness whereof I have hereunto set my hand this t~ day of Managing Editor Subscribed and sworn to befo e, a notary public in and for the County of Eagle, State of Colorado, this g.)...... day of 2 Notary Public My Commission expires scnDea_in: txmioi arWtalW -roil rated herein by roforenco ('Protiorty')in supportr of this Petition, Potitirli allege that: -1. H is des+rablo and necessary that the Propexty:. be annaited to the Town 2. The roqulremams of Seclons -104 and -105 of, the Annexation Act exist or have been met 3. Not less than one-sixth (1/6) of the perimeter oft tiro Property is ~nhguousiwith the Town's cuirent, murecipal b«mdarir...... 4. A cori-mmily of interest exists between the Property-end the Town. 1 5. The Property is urban or will be urbartizod in the J new future. - I. 6. The Property is integmted with or is capable of being integrated with the Town. 7. The Petrhoirors rbrripriso rrrore Ulan fifty porcent l50%1 : of: thestandorwners in:-the':~Property:-aiiii 8 The Property is not F porated Gty, city and ings have been-.conan aivrexation of part or a er munidpahty; no- ele Property. or substanta Town has been hald w immediately preceding 9. The. prQpostNi anne ' tacnment of area from Tent of same to anottx 10. Except to the aide trig ;pa cis. within thE ownership, at.ieastffty within the three:(3)"stun aeon- will. not extend to t1-The joint next sii(E 12, if real estate (a) is being :d witho lt'dhe-_v landowners H are separatec -public_way, or ~ (b) compr„.rn geHter. vnth I nerifh ntty,a part. ci any incor- formcorp~rw a4on or: s he'Property, tto any oth-! i fora annexation ;of the' to same territory to the the twelve ((12) mnrrttis - ling of tts Peffmin n will not result in do- school dlstrid,or-attach-= hooi district . tcessary to avoid drrtd- iperty heW -in'identical xnt(5(M) of which are? itr the proposed annex' ' utloipel.:boundary of the .anne-at n will not resu't vi ttp s", Cown_ but-4 not'bCkLrK sD°on botri gym. " ing the boundanas of the Property, i .1"d In identical ownor-idq, mg of a single tract or parcel of rp81 r more contiguous tracts or parcels ided into separato parts or parcels, ;teen. owuent of the landv.,vror reef- unless such tracts or pares} ry a dedicated.sti 1, road, or cheer" hrenN.(20)..acres ur_more and to- consent of the landowner or landowners 13. H a portion of a platted street or alley is to W annexed, the errtiro width thereof E~ indudod within the Property' ' 14. The IegaF descri )bon of the laird owned by the Petitioners ii underneath the name of .each such Eidtaiit A, attached herto and Incorporated hereinby,ttus refer. _ 15. The-affioavit of the circulator of this Politiatn txeirtrfyiiq that each signature on this Petition is the silgnaturs of the person vhoso named purports to tie and Dartifying the accumcy of the data of such. signature Is attedied hereto as Exhibit 8 and isr1ii- carporated herein by, this reterenco. L. 16 . Thu: Ffiatiar is..~ed:trt_louraannts af~ 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- Series of 2002 was published in the ~ bj i e~i w a newspaper of general circulation in the Town of Avon, Colorado, on JUG (p , 2002. A copy of the published text is attached hereto. Date: Patty McKem"IZ Town/Clerk 521179.3 CAMALC 05/30/02 2:05 PM '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#: 32503328 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 5 121.72 608.60 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: 608.60 Tax: 0.00 Net: 608.60 Prepaid: 0.00 (Total Due 608.60 NA 25899 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 S consecutive insertions; and that the first publication of said notice was in the issue of said newspaper dated A.D.' C. and that the last publication of said notice was in the issue of said newspaper dated..... ..1- a .....Z. A. D......... .G.4~.... In witness whereof I have hereunto set my hand this day of i.' "d Managing Editor Subscribed and sworn to befor e, a notary public in and for the County of Eagle, State of Colorado, this day of L 7,....r~1.. Notary Public My Commission expires k,......i..... . ':'PUBLIC-NOTICE Notice As hereby`given;" in(rrdance.wrth Avon Town:Charter.Section,6.5d) ari Section 31-12- 108 C.R S that;'pursuant;to Resolutio-6 N&,62-'21 Series~6f 2002,:A~ot blic hearing wtlPbe held on'Ju= Iy9, 2002 at 5:30'p m tn;the Avon:Murndpal m- area 105 C:R S and is considered eligible,;tor;annexa- tion.:AScopy'of ffie'P6k 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?(&;Ili;afv 'the -Petiti' on` ers'); in accordance Mail _AfiiTef4hdnrAc47bf 1965 as~set_f6rt Artcle-l~ Title'31,-C6lorado, j Revised Statutes' ;a amended and a'sm effecC'oh the'submission:dite;setforth below;('Annexation Act'); hereby petition ("Petition') the Town Counoil of the~Town'of Avon Colorado (Council) to am nex to the To" 'of gvon ('Town the unincoipo-. cate&terntory located m the Gourrty of;~F2gte, State scribed-in Exhibit'"A attar ied hereto and'incorpo- rated herein by reference. (*Property").,ln'support h at: of this Petition, Petitioners allege t 1. It is desirable and necessary that the Property be annexed to the Town.. - 2. The requiremerits of Sections =104 and -105 of the Annexation Act exist or have been met. + 3. Not less than one-sixth (1/6) of the perimeter of j c a the Property is contiguous-with the Town's current ' municipaltigundanes . 4. A community of interest exists between the Property and the Town. 5. The. Property is urban or will be urbanized in the f Q near future. 6. The Property:fs integrated with or.is capable of being.iritegrated with the Town:. - 7. The Petitioners comprise more, than :fifty percent (501%) of the landowners, in the Property-owning .more than fifty,percent (50%) of. the Property, ez- ciuding, public streets andralleys and: any land owned by the annexing municipality and the Peti boners hereby consent to the establishment of the boundaries of-the Property as shown on the an= ' nexation plat submitted herewith ings have been commenced :tor' incorporation or. -.annexation of. part , or all.of the Property to any'oth- er municipality; no elecfion for annexation of the Property or substantially"the same territory.to the Town has been.held within the twelve (12) months imme.diately-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. ffr 10. Except to the extent necessary to avoid divid- ing parcels within the Property held in. identical ownership, at least fifty percent (50%)•of which are 'within the three (3) mile limit, the proposed annex- ation will not extend the municipal boundary'of, the I Town more than three(3)miles .in any direction from any poiatof,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;a& joining a platted. street or alley which has been an vexed by the Townbut. is. not bounded on both "Idl sides by the Town la 12. In establishing. the boundaries of the Property, ! no land which is held 1n identical ownership, 13 whether consisting of a, single tractor parcel of real i estate or two or more contiguous tracts or parcels of real estate: (a) is being divided into separate parts or parcels t i 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 to- gether with buildings and improvements situate' thereon having a valuation for assessment in ex- !f cess of $200,000.00 for ad valorem tax purposes for the year next preceding the.proposed'annexa- tion, 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 i` annexed, the entire witith 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 in- corporated herein by this reference. 7-7i-E This Petition is accnmpani~ediby four: prints of an annexation map containing among other, it the following information. II (a,A v. legal description of the boundaries of. 1 the Prol ' (b) A map showing. the boundary of the Property; (c) Within the annexation boundary map a show- 1--mg of-the location of, each-ownership tract in un= platted land and,,9 part or all of the area is platted the boundaries-and-the plat numbers "of plots or ati ,tot's and blacks; and. (d) Next to the boundary of the Property, acrowing , r of the contiguous boundary of the annexing mumcr ipality. abutting thie Property, 1 "i' n its Petition. subject. to the I T L t rU f roe me-rtgnr wrfh o vnthorh thF con -nt or, agreement of any, other,PetrUOnei or land- !I caner wittnn the Property,-to withdraw, this Pelifior, -t I y so` notifying, the'Town~ClerK rn_wri5ng-p-tor to I the fortieth (40th) day atter.th'e effective date of they final ordinance approving annexaton-of-tile .Prop_:?: eqy t (b) Prior to expiration'of the period described in the foregoing subparagraph (a) without TCMD, having } withdrawn the Petillon neither Peu4oners, any oth- ) er landowner. within the Property, nor the City shall i 'cause or permit the occurrence of the'conditions to. eflectivene,ss of the annexation as set forth in Sec- Lion 113(2)(b) of the Annexation Act - 18 Except for the terms and conddrons of tl i Peti- tion which forms and conditions. Petitioners ex- pressly approve and thereforedo not constitute an- i6irposition of additional t&ms aind conditions within "i the meaning of Section -107(1)(g) of the Annexa- g =tionAct, Petitioners request that no additional terms and conditions be imposed upon annexation ,of the Property to the Town. THEREFORE, Petitioners request that the Town r Courier;! of the Tdrm of Avon, Colorado complete 1 ,and.approve the annexation of the Property pu% "scant to the provisions of the Municipal Annexation Act of 1965, as amended 111 Respectfully, submitted this day 'of `;2002 Signatures of Petitioners 11 " TRAER CREEK METROPOLITAN ' DhTRIr,T i Colorado Special District fem,ed u r~ t> C R S` §,32-1-101 et. seq ac I ~t n ,n •.,r~~ -uWw'sion of the State of Color mr l^~'llamJ. Post, r -id-- r If Signature-. t,Le'n i Address:.. ' P.O:Box640 - Vail, Colorado 816E Attn: William J -Pm, Resident of the Pro! i, till I EDINBURGH COREr F I rl., a Texas corporator 'By C. Michael Bow I n r Date of Signature: ;Mailing Address Preeo Silverman Green & r_yl~ 1'C 1401 17th Street; Suite 800 - Denver,' Colorado 80202 Alin` Robert L. Preeo Esc 4 Resident of the Property NO MARGARET BEYER personal rep - resentatwe. for the. Estate of Jeanette„.. Nottingtiani ` 1 alkl, JEANETTE t40TTINGHAM, deceased,--- r Ely: Margaret Beyer Date of Signature: Mailing Address: ~ > Meek&,SWEII`U., P.C. " 1824 West Street _ Podding California 96001:1793 Attn: William L. Meek Etq`. . - . . Resident of the Property? NO - EXHIBFT'A TO PETITION FOR ANNEXATION Legal Description of'tlte Prooperrtyfyy SectionI Name of;Petihoner.•EDINBURGH.COR- - PORATION; a-Tdxas'Corpo anon' ' - ' - PARCEL A That pait of Lot 6, McGrady.Acres according-to the finalppl1at thereof recorded inBook'558 at Page 533.`'inthe,offioe"`of the Eagle CouniJColorarln 487.63,feet, 'a. central angle of021451°,.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 an9le*of 113°07'51'. and a chord. that bears ~S76°26'06-W 31.14 feet;`'ahence; departing said ;southeasterly line, N50°51'55°E. 45.70IYfeat; thence ,60.15 feet along the arc of a curve to the, left, having a radius :of 697.62,feetacentral angle, of 04°56'23°,and,a chord thdir6ears N49'14'01*E 60:13'.-feet to the northeasterly line of said Lot 6s'- 'Aheiice, S57159'05°E 69.88 feet, along said 'norih-~ eastedy line, •to".the, point of beginning, containing*. 3425 square feet, more or less. Sechon'~2 Name of Petitioner; MARGARET. BE- . {YER, as; personal 'representative"for'the ESTATE OF ' JEANETTE L. NOTTINGHAM, ' &We JEA- NETTE NOTTINGHAM,deceased,.That:part.,of Lot 1, Nottingham; Cottages' P.U.D.; PARCEUB PARCEL B ; t Nottingh tt , 'y hi ,d at^'part of Lot. the Eagle Th ecc~rdm9 to.the final plat cument No 652403 trn it" t* xoc~, described. County; Colorado, Clerk and as tollovis- ' westeiY comerof said 1-00.1 I Beginning along th north Westerly line ofi3 d g Lilt 1,i, -Njg , i9 88 afee , w 15, 'tee, to tl e' lneYb1s-d`Lot~l;thence(alongsaidOf' sort weene N09°5T00 E 13:81, + ' to the, point of lier d more ;or y li containing .121.6. ti re feet ginning less PAFIC'EL ,~;,+gham Cottages P.d' That part ,rat thereof -record Eatgle t'-ar.cordinc ry,P-.office;o; the ag~a t:.. umer tJ,, ,t tl ,i c along.' - „ -the followu+y I1 N60'S2'49,E4 2, thence 'northwesteily line- of said Lot long the arc,,,, 10 ) '101.94 _teet; t2)t,lhav having aeeadius:of 500 ha , that and a ch-E 37. r0 curve to thee p17°0712% an 00, ~y Nntfel angle 85-feet' (3) 1478°00'011'E 3770, ost nptrt+erly comer ,I said LoT 2; said Lot2rand- 1 to the m the,co- on line o~ttag11 P.u D:; )0, along Nottingham Said departing '.5T0o'\N 13.84, feet; thence,' 1 t l thence,- rnon line, S50151 55 W 84 85 f ee, the 82 feet, thence,l6' 5 feet along of, =g2'S17E0. e right; having a.radas 01 ,curve to ah .angle-01 06-50'45', an. atc 25'feet a cntr al be- S60°30'44 16 1. jheY. t _t aV- ird that bea the arc of a-curve to the ieft,l~aot' p'T:feel along _75 f~ta central7 5401`W. "a radius'of 94 bears SS t at °04'12, and a Oi p-51'55°W 9.16 feet. 21 feet, - encoe The arc o1 a curve to the left, ance.622feet.alon9 75 feet. a central-angle of ruing: a redrus-°1 1 ord ,that ears t Said Lot 2{ . r~qg and a: estedy line of said f-e .to~ot ni p 6 course. along said sout2~; Lne., (t)° NSp.25'20 W 53 87 fee ng to the point of tiegmn+,. restedy, f47°59'03°W 37c01'fee more or less bnlainin 14796 square feet. m ecton 3 Name of Petitioner The col CREEK r S rdei Victor, N-DISTMT; as the co he u lion y in ITA possession Pursuant to he O Ord . legal y P.q~r 24, N02 a +n Gase 01:Possess+on~en'- NoO1-CV-524 PARCEL D Fin' p - Condominium- That Part of VER GUtJppt.<iU.~ IMS=accordirlg s6 Ma(j SUN:R r °.-ded'in gook 318 at Q , Clerk of an exist- corner on at the most sEasement as n um Map : ; 8e9i60 fo ot `1e ) F~M NIUMS', ondom aloA~ess ing GAoec thence, said 'l CONDOI said 60 fodt Hide SUN RIVER . ii ne , 7g,05 feet; thence17 60 1. W 11 northwivester Easement nOothwesle Im. feet to the_ Cron parti..hen!cde 1460°5324C"oErtected)C~N pMINIUMS: feet, )ine of said l RIVER. said north eastedy Map o3 EN o 80 feet, ?nnm9 GOntaining 1 domirnum of beg thence 7 59' the P easterly line, t t.;'Ore or less. . 717'square tee , ExvilsvTANN TION, TO PERM ON f Circulators 'who being being of lawful age,. tiO The u ndersi9ornuP. Town firstduy sw ned, uletordoil loveof!A on eU n That he was the j la to the this Page' a of sisting e of xation o 1agages including s gnature for Ann that the circulator and erson wand ltnesseIi, toau and thatthe dates thereon or~gina the true a they .pulP,nect.. tures are whose Pam of such s9^a Circulator. - OF.. ssSTATE CIRCULATOR day . pF~ AFFIDAVIT OF e this O...to9 re m Thbnbed ynd sworn to by - Witness mYhand an esffldal sea dul'age, k)eIn9 ; I iK arer he !true add whose name they of such signatures t-be,anuy Pureofo are correct- Cirotrlator STATE OF ss.. WheUtNo e9 Fg. AFFo )At IIT OF OIRCU~ TOR was meth .-day belore subscribed and sw . 2002, by ~ . Witness my hand and sofficial . -seal MY .co rrilssc n e%p1f as . Notary the Eagie 2002Enterprise, une 6, published in and Juwy 13, 20 and 27,