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TC Ord. No. 2011-01 Ordinance Accepting Lot 2 Chateau St.ClaireNOW, THEREFORE, THE TOWN COUNCIL OF THE TOWN OF A VON HEREBY ORDAINS: SECTION 1. QUITCLAIM DEED ACCEPTED. The Town Council hereby authorizes and approves execution and acceptance of the Quitclaim Deed. SECTION 2. MAYOR AND TOWN CLERK AUTHORIZATION. The Mayor and Town Clerk are hereby authorized to execute and sign the Quitclaim Deed in the form attached hereto as Exhibit A: Quitclaim Deed and take such other actions as may be necessary or implied to implement the provisions of this Ordinance. SECTION 3. SEVERABILITY. If any provision of this Ordinance, or the application of such provision to any person or circumstance, is for any reason held to be invalid, such invalidity shall not affect other provisions or applications of this Ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this Ordinance are declared to be severable. The Town Council hereby declares that it would have passed this Ordinance and each provision thereof, even though any one of the provisions might be declared unconstitutional or invalid. As used in this Section, the term "provision" means and includes any part, division, subdivision, section, subsection, sentence, clause or phrase; the term "application" means and includes an application of an ordinance or any part thereof, whether considered or construed alone or together with another ordinance or ordinances, or part thereof, of the Town. 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 A von Home Rule Charter. SECTION 5. SAFETY CLAUSE. The Town Council hereby finds, determines and declares that this Ordinance is promulgated under the general police power of the Town of Avon, that it is promulgated for the health, safety and welfare of the A von community, and that this Ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The Town Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to be obtained. SECTION 6. PUBLICATION BY POSTING. 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. Ord. No. 11-02 Town of Avon Page 2 of3 MVH [remainder of page intentional left blank -signature page follows] .. -.~ J • INTRODUCED, APPROVED, PASSED ON FIRST READING, ORDERED POSTED AND REFERRED TO PUBLIC HEARING and setting such public hearing for 5:30p.m. on the 25th day of January, 2011, at the Council Chambers of the Avon Municipal Building, located at One Benchmark Road, Avon, Colorado, on the 11th day of January, 2011. Published by po Clerk at least se ATTEST: Rich Carroll, Mayor ublic places in Town and posting at the office of the Town action by the Town Council. APPROVED AS TO FORM: E~ IN UCED, F LL Y APPROVED, AND PASSED ON SECOND READING, AND ORDERED PUBLISHED BY POSTING on the 25th day of January, 2011. Ric~ Published by posting by title in at least three public places· in Town and posting by title at the office of the Town Cler Ord. No. 11-02 Town of Avon Page 3 of3 MVH / •' • • • TOWN OF AVON ORDINANCE NO. 2011-01 SERIES OF 2011 AN ORDINANCE ACCEPTING LOT 2, CHATEAU ST. CLAIRE WHEREAS, the Town of Avon ("Town") previously obtained title to Lot 2, Final Plat of Chateau St. Clair Subdivision-PUD ("Lot 2 Chateau St. Clair") recorded in the Office of the Eagle County Clerk and Recorder, Colorado in Book 729, Page 742 and also known at the street address 38390 Highway 6 101, Avon, CO; and WHEREAS, CCS Vail Loan, LLC, ("Grantor") seeks to quitclaim its interest in Lot 2 Chateau St. Clair to the Town in order to comply with the Chateau St. Clair PUD requirement that Lot 2 is dedicated and conveyed to the Town of A von; and WHEREAS, the Grantor and Town, as parties to the Quitclaim Deed, seek to execute the Quitclaim Deed attached hereto as Exhibit A: Quitclaim Deed; and WHEREAS, pursuant to the home rule powers of the Town, the Town Council has the authority to accept conveyances of real property to the Town; and WHEREAS, a public hearing was conducted in accordance with Section 6.5( d) of the A von Home Rule Charter on January 25, 2011 and Council considered all comments prior to considering final adoption of this Ordinance; and WHEREAS, the Town Council finds that accepting the Quitclaim Deed will promote Goal H.l of the Town of A von Comprehensive Plan and will thereby promote the health, safety and general welfare ofthe Avon community; and WHEREAS, approval of this Ordinance on first reading is intended only to confirm that the Town Council desires to comply with the requirements of the A von Home Rule Charter by setting a public hearing in order to provide the public an opportunity to present testimony and evidence regarding the application and that 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 this ordinance . Ord. No. 11-02 Town of Avon Page 1 of3 MVH •, NOW, THEREFORE, THE TOWN COUNCIL OF THE TOWN OF AVON HEREBY • ORDAINS: SECTION 1. QUITCLAIM DEED ACCEPTED. The Town Council hereby authorizes and approves execution and acceptance of the Quitclaim Deed. SECTION 2. MAYOR AND TOWN CLERK AUTHORIZATION. The Mayor and Town Clerk are hereby authorized to execute and sign the Quitclaim Deed in the form attached hereto as Exhibit A: Quitclaim Deed and take such other actions as may be necessary or implied to implement the provisions of this Ordinance. SECTION 3. SEVERABILITY. If any provision of this Ordinance, or the application of such provision to any person or circumstance, is for any reason held to be invalid, such invalidity shall not affect other provisions or applications of this Ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this Ordinance are declared to be severable. The Town Council hereby declares that it would have passed this Ordinance and each provision thereof, even though any one of the provisions might be declared unconstitutional or invalid. As used in this Section, the term "provision" means and includes any part, division, subdivision, section, subsection, sentence, clause or phrase; the term "application" means and includes an application of an ordinance or any part thereof, whether considered or construed alone or together with another ordinance or ordinances, or part thereof, of the Town. SECTION 4. EFFECTIVE DATE. This Ordinance shall take effect seven days after public notice • following final passage in accordance with Section 6.4 ofthe Avon Home Rule Charter. SECTION 5. SAFETY CLAUSE. The Town Council hereby finds, determines and declares that this Ordinance is promulgated under the general police power of the Town of A von, that it is promulgated for the health, safety and welfare of the A von community, and that this Ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The Town Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to be obtained. SECTION 6. PUBLICATION BY POSTING. 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. Ord. No. 11-02 Town of Avon Page 2 of3 MVH [remainder of page intentional left blank -signature page follows] • I • • • INTRODUCED, APPROVED, PASSED ON FIRST READING, ORDERED POSTED AND REFERRED TO PUBLIC HEARING and setting such public hearing for 5:30p.m. on the 25th day of January, 2011, at the Council Chambers of the Avon Municipal Building, located at One Benchmark Road, A von, Colorado, on the 11th day of January, 2011. Rich Carroll, Mayor Published by posting in at least three public places in Town and posting at the office of the Town Clerk at least seven days prior to final action by the Town Council. ATTEST: APPROVED AS TO FORM: Patty McKenny, Town Clerk Eric Heil, Town Attorney INTRODUCED, FINALLY APPROVED, AND PASSED ON SECOND READING, AND ORDERED PUBLISHED BY POSTING on the 25th day of January, 2011. Rich Carroll, Mayor Published by posting by title in at least three public places in Town and posting by title at the office of the Town Clerk. ATTEST: Patty McKenny, Town Clerk Ord. No. 11-02 Town of Avon Page 3 of3 MVH TOWNOFAVON ORDINANCE NO. 2011-01 SERIES OF 2011 AN ORDINANCE ACCEPTING LOT 2, CHATEAU ST. CLAIRE WHEREAS, the Town of Avon ("Town") previously obtained title to Lot 2, Final Plat of Chateau St. Clair Subdivision-PUD ("Lot 2 Chateau St. Clair") recorded in the Office of the Eagle County Clerk and Recorder, Colorado in Book 729, Page 742 and also known at the street address 38390 Highway 6 101, Avon, CO; and WHEREAS, CCS Vail Loan, LLC, ("Grantor") seeks to quitclaim its interest in Lot 2 Chateau St. Clair to the Town in order to comply with the Chateau St. Clair PUD requirement that Lot 2 is dedicated and conveyed to the Town of A von; and WHEREAS, the Grantor and Town, as parties to the Quitclaim Deed, seek to execute the Quitclaim Deed attached hereto as Exhibit A: Quitclaim Deed; and WHEREAS, pursuant to the home rule powers of the Town, the Town Council has the authority to accept conveyances of real property to the Town; and WHEREAS, a public hearing was conducted in accordance with Section 6.5( d) of the A von Home Rule Charter on January 25, 2011 and Council considered all comments prior to considering final adoption of this Ordinance; and WHEREAS, the Town Council finds that accepting the Quitclaim Deed will promote Goal H. I of the Town of A von Comprehensive Plan and will thereby promote the health, safety and general welfare of the A von community; and WHEREAS, approval of this Ordinance on first reading is intended only to confirm that the Town Council desires to comply with the requirements of the Avon Home Rule Charter by setting a public hearing in order to provide the public an opportunity to present testimony and evidence regarding the application and that 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 this ordinance. Ord. No. 11-02 Town of Avon Page 1 of3 MVH NOW, THEREFORE, THE TOWN COUNCIL OF THE TOWN OF A VON HEREBY ORDAINS: SECTION 1. QUITCLAIM DEED ACCEPTED. The Town Council hereby authorizes and approves execution and acceptance of the Quitclaim Deed. SECTION 2. MAYOR AND TOWN CLERK AUTHORIZATION. The Mayor and Town Clerk are hereby authorized to execute and sign the Quitclaim Deed in the form attached hereto as Exhibit A: Quitclaim Deed and take such other actions as may be necessary or implied to implement the provisions of this Ordinance. SECTION 3. SEVERABILITY. If any provision of this Ordinance, or the application of such provision to any person or circumstance, is for any reason held to be invalid, such invalidity shall not affect other provisions or applications of this Ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this Ordinance are declared to be severable. The Town Council hereby declares that it would have passed this Ordinance and each provision thereof, even though any one of the provisions might be declared unconstitutional or invalid. As used in this Section, the term "provision" means and includes any part, division, subdivision, section, subsection, sentence, clause or phrase; the term "application" means and includes an application of an ordinance or any part thereof, whether considered or construed alone or together with another ordinance or ordinances, or part thereof, of the Town. SECTION 4. EFFECTIVE DATE. This Ordinance shall take effect seven days after public notice following final passage in accordance with Section 6.4 ofthe Avon Home Rule Charter. SECTION 5. SAFETY CLAUSE. The Town Council hereby finds, determines and declares that this Ordinance is promulgated under the general police power of the Town of A von, that it is promulgated for the health, safety and welfare of the Avon community, and that this Ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The Town Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to be obtained. SECTION 6. PUBLICATION BY POSTING. 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. Ord. No. 11-02 Town of Avon Page 2 of3 MVH [remainder of page intentional left blank -signature page follows] INTRODUCED, APPROVED, PASSED ON FIRST READING, ORDERED POSTED AND REFERRED TO PUBLIC HEARING and setting such public hearing for 5:30p.m. on the 25th day of January, 2011, at the Council Chambers of the Avon Municipal Building, located at One Benchmark Road, A von, Colorado, on the 11th day of January, 2011. Published by po Clerk at least se ATTEST: ::<?~ Rich Carroll, Mayor ublic places in Town and posting at the office of the Town action by the Town Council. APPROVED AS TO FORM: E~& IN UCED, F LLY APPROVED, AND PASSED ON SECOND READING, AND ORDERED PUBLISHED BY POSTING on the 25 1h day of January, 2011. Ord. No. 11-02 Town of Avon Page 3 of3 MVH TOWNOFAVON ORDINANCE NO. 2011-01 SERIES OF 2011 AN ORDINANCE ACCEPTING LOT 2, CHATEAU ST. CLAIRE WHEREAS, the Town of Avon ("Town") previously obtained title to Lot 2, Final Plat of Chateau St. Clair Subdivision-PUD ("Lot 2 Chateau St. Clair") recorded in the Office of the Eagle County Clerk and Recorder, Colorado in Book 729, Page 742 and also known at the street address 38390 Highway 6 101, Avon, CO; and WHEREAS, CCS Vail Loan, LLC, ("Grantor") seeks to quitclaim its interest in Lot 2 Chateau St. Clair to the Town in order to comply with the Chateau St. Clair PUD requirement that Lot 2 is dedicated and conveyed to the Town of Avon; and WHEREAS, the Grantor and Town, as parties to the Quitclaim Deed, seek to execute the Quitclaim Deed attached hereto as Exhibit A: Quitclaim Deed; and WHEREAS, pursuant to the home rule powers of the Town, the Town Council has the authority to accept conveyances of real property to the Town; and WHEREAS, a public hearing was conducted in accordance with Section 6.5(d) of the Avon Home Rule Charter on January 25, 2011 and Council considered all comments prior to considering final adoption of this Ordinance; and WHEREAS, the Town Council finds that accepting the Quitclaim Deed will promote Goal H.1 of the Town of A von Comprehensive Plan and will thereby promote the health, safety and general welfare of the A von community; and WHEREAS, approval of this Ordinance on first reading is intended only to confirm that the Town Council desires to comply with the requirements of the Avon Home Rule Charter by setting a public hearing in order to provide the public an opportunity to present testimony and evidence regarding the application and that 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 this ordinance. Ord. No. 11-02 Town of Avon Page 1 of3 MVH • • • • • • NOW, THEREFORE, THE TOWN COUNCIL OF THE TOWN OF A VON HEREBY ORDAINS: SECTION 1. QUITCLAIM DEED ACCEPTED. The Town Council hereby authorizes and approves execution and acceptance of the Quitclaim Deed. SECTION 2. MAYOR AND TOWN CLERK AUTHORIZATION. The Mayor and Town Clerk are hereby authorized to execute and sign the Quitclaim Deed in the form attached hereto as Exhibit A: Quitclaim Deed and take such other actions as may be necessary or implied to implement the provisions of this Ordinance. SECTION 3. SEVERABILITY. If any provision of this Ordinance, or the application of such provision to any person or circumstance, is for any reason held to be invalid, such invalidity shall not affect other provisions or applications of this Ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this Ordinance are declared to be severable. The Town Council hereby declares that it would have passed this Ordinance and each provision thereof, even though any one of the provisions might be declared unconstitutional or invalid. As used in this Section, the term "provision" means and includes any part, division, subdivision, section, subsection, sentence, clause or phrase; the term "application" means and includes an application of an ordinance or any part thereof, whether considered or construed alone or together with another ordinance or ordinances, or part thereof, of the Town. 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 A von Home Rule Charter . SECTION 5. SAFETY CLAUSE. The Town Council hereby finds, determines and declares that this Ordinance is promulgated under the general police power of the Town of A von, that it is promulgated for the health, safety and welfare of the Avon community, and that this Ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The Town Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to be obtained. SECTION 6. PUBLICATION BY POSTING. 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. Ord. No. 11-02 Town of Avon Page 2 of3 MVH [remainder of page intentional/eft blank-signature page follows] INTRODUCED, APPROVED, PASSED ON FIRST READING, ORDERED POSTED AND REFERRED TO PUBLIC HEARING and setting such public hearing for 5:30p.m. on • the 25th day of January, 2011, at the Council Chambers of the Avon Municipal Building, located at One Benchmark Road, Avon, Colorado, on the 11th day of January, 2011. Rich Carroll, Mayor Published by posting in at least three public places in Town and posting at the office of the Town Clerk at least seven days prior to final action by the Town Council. ATTEST: APPROVED AS TO FORM: Patty McKenny, Town Clerk Eric Heil, Town Attorney INTRODUCED, FINALLY APPROVED, AND PASSED ON SECOND READING, AND ORDERED PUBLISHED BY POSTING on the 25th day of January, 2011. Rich Carroll, Mayor Published by posting by title in at least three public places in Town and posting by title at the office ofthe Town Clerk. ATTEST: Patty McKenny, Town Clerk Ord. No. 11-02 Town of Avon Page 3 of3 MVH • •