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TC Ord. No. 2009-06 Ordinance annexing the red house propertyTOWN OF AVON, COLORADO ORDINANCE NO. 09-06 SERIES OF 2009 AN ORDINANCE ANNEXING THE RED HOUSE PROPERTY WHEREAS, on March 24, 2008, The Vail Corporation, a Colorado 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 08 -16, Series of 2008, and by Resolution Number 08 -21, Series of 2008, 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; and WHEREAS, annexation proceedings to annex the Annexation Property have not commenced for annexation of all or part of the Annexation Property to another municipality; and WHEREAS, the Town Council finds that it is in the best interests of the Town to annex the Property to the City; and WHEREAS, approval of this Ordinance on first reading is intended only to confirm that the Town Council desires to comply with state law by setting a public hearing in order to provide the property owner /petitioner and the public an opportunity to present testimony and evidence regarding the petition for annexation. Approval of this Ordinance on first reading does not constitute a representation that the Town Council, or any member of the Town Council, supports, approves, rejects, or denies annexation of the Annexation Property; and WHEREAS, the Town Council held public hearings on May 26, 2009, June 9, 2009, and June 23, 2009; received all evidence and testimony presented with regard to the annexation of the Annexation Property at such public hearings; and at the conclusion of such public hearings the Town Council considered such evidence and testimony so introduced, and by this Ordinance sets forth its findings of fact and conclusions, stated as follows: 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 Il, 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. 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. Annexation. The Annexation Property as described on the annexation map and accompanying Petition is hereby annexed into the Town of Avon. Section 2. Executing and Filing Documents. The Mayor and Town Clerk are hereby authorized to execute all necessary documents to complete the annexation of the Annexation Property. 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) 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. Publication. The Town Clerk is hereby authorized and directed to publish this Ordinance by title only in the Eagle Valley Enterprise, a newspaper of general circulation within the Town on the next available publication date. The Town Clerk is ordered to publish this Ordinance by posting notice of adoption of this Ordinance on final reading by title in at least three public places within the Town and posting at the office of the Town Clerk, which notice shall contain a statement that a copy of the ordinance in full is available for public inspection in the office of the Town Clerk during normal business hours. Section 4. Effective Date. This Ordinance shall take effect seven days after public notice following final passage in accordance with Section 6.4 of the Avon Home Rule Charter. [signature page follows] 2 INTRODUCED, APPROVED, PASSED ON FIRST READING, ORDERED POSTED on the 12th day of May, 2009, AND REFERRED TO PUBLIC HEARING and setting such public hearing for 5:30 p.m. on the 26th day of May, 2009, at the Council Chambers of the Avon Municipal Building, located at One Lake Street, Avo lorado. 6 A Ronald C. Wolfe, Mayor Published by post g`ip at least theme ;ublic places in Town and posting at the office of the Town Clerk at least seve ys pri action by the Town Council. APPROVED AS T at t. Patty, c envy, wn C k Eric Heil, Town Attorney INTRODUCED, Q NAULY APPROVED, AND PASSED ON SECOND READING, AND ORDERED PUBLISHED BY POSTING on the day of June, 2009. _____ Ronald C. Wolfe, Mayor Published by posting by ti office of the Town Clerk. IN T �OF AV6—ry,N 4')0- Ieasf't ree �COLORA.�.� Kj places in Town and posting by title at the EXHIBIT A TO ORDINANCE NUMBER 09 -06, SERIES OF 2009 (Annexation Petition and Legal Description of Annexation Property) A -1 EXHIBIT A TO PETITION FOR ANNEXATION Legal Description of Property Lots 1 and 2, Exemption Plat of Red House, County of Eagle, State of Colorado, recorded on November 7, 2000 in the Office of the Eagle County Clerk and Recorder at Reception No. 743459, and described on said Exemption Plat as follows: Beginning at a found 3 1 /z" aluminum cap stamped "LS 26626" in a plastic monument well marking the center 1/4 corner of said Section 12; thence along the East right -of -way line of Avon Road N13 °42'50 "E, a distance of 95.60 feet to the south corner of Parcel TK -14 as recorded under Reception No. 521717, Public Records of Eagle County, Colorado; thence along the East boundary of said Parcel TK -14 the following two (2) courses and distances: 1). N20 °53'28 "E, 79.00 feet; 2). NO1 °22'56 "E, 46.30 feet to intersect the approximate centerline of the Eagle River; thence along said centerline the following two (2) courses and distances: 1). S82 °10'14 "E, 128.67 feet; 2). S36 °53'40 "E 249.27 feet to intersect the North line of the Northwest 1/4 of the Southeast 1/4 of said Section 12; thence along said line N89° 19' 10 "W, a distance of 87.88 feet to intersect the approximate centerline of Beaver Creek; thence along said centerline the following four (4) courses and distances: 1). S17 °01'48 "W, 10.80 feet; 2). S13 °11'27 "W, 54.50 feet; 3). S50 °52'01 "W, 24.11 feet; 4). S64 °45'05 "W, 38.94 feet to intersect the Northerly right -of -way line of U.S. Highway No. 6; thence 180.19 feet along said right -of -way line and the arc of a curve to the left having a radius of 3870.00' a central angle of 02 °40'04 ", a chord bearing ofN72 °40'26 "W and a cord length of 180.17' to intersect the West line of the Southeast 1/4 of said Section 12; thence along said line N00 °26'3 7 "E, a distance of 44.42 feet to the Point of Beginning and containing 1.4410 acres, more or less. Exhibit A 810362.4 EXHIBIT B TO ORDINANCE NUMBER 09 -06, SERIES OF 2009 (Annexation Map) cn / �d \\ $E / � » q �� � )/ J j ^ ƒ( - g ■q\ � svt § � o / $ . ■qa \�} § PMA LLJ C $ |! |k b% §( Kq K2 31 » / } B $� /. w ■�\ |� ��I I } / / #!q [ lime §) k \! \ ) § ,R; | \ 9 /� }% ! ®° ; �zu ik }\ § ry < ! ) ! � Ell � q� e� � /§ �5b ®° W © � #9 . . n t ( § § . « ;, . � °< @ < R �« \\( _ \ 02 T � ® - / - ) / F5 �\ \ 04 - |,\ )\ <\ o^ ( �\ �) »/ .| » I § ) I & _ ) /) � \. » Red House Annexation Property ® -Red House Properties Foe, Property Boundaries �r •. �� °" _.k ` 40 80 Author: JH—y, Date: O&08/08