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TC Res. No. 1980-16gook' :312 Page 437 d~c Recoed -at 10:00 A.44 November 6, 10 Recorder Johnnette Phillips EagleCounty A j /ICI/ RESOLUTION NO. #80-16 Series of 1980 Fee $12.00pd A RESOLUTION-OF THE INTENTION OF THE TOWN COUNCIL TO ESTABLISH A PEDESTRIAN MALL ON THAT PORTION OF TRACT G. BLOCK 2, TOWN OF. AVON, COLORADO; MAKING THE DETERMINATIONS :,,.REQUIRED BY LAW; DIRECTING THAT NOTICE BE GIVEN; AND SETTING FORTH DETAILS IN RELA- TION THERETO WHEREAS, it is determined and declared that the public interest and convenience require the establishment of a pedestria mall.and that vehicular traffic will not be unduly inconvenienced thereby; NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL_ OF THE TOWN OF AVON, COLORADO, THAT: (1) The general description of the streets and public ways proposed to be established as pedestrian mall is: See-Exhibit"A" attached hereto: (2) The details of the mall area can be ascertained by inquiry made at'the office of the-Town' Clerk, Town of Avon Town Office, Benchmark Shopping Center, Avon, Colorado, where a diagram and'map-is available'for,.public'inspection during regular business hours. (3) The Town Council intends that the pedestrian mall.. area would be for the principal use of pedestrian and bicycle traffic, and motor vehicular traffic would be prohibited with the following exceptions: (a) Public -transportation vehicles operated by the Town or other public entities; (b) Emergency vehicles; and During the public hearings, the Town Council will entertain comments on--the above exceptions as to'all or parts of the pedestrian.mall, and the Council will consider all suggestion and comments'as to exceptions to the vehicle limitations in'.order to provide reasonable alternative access to the properties fronting on the mall and to protect the public interest. (4) "The money which will be used to pay damages, if any, allowed or awarded to any property owner by reason of the estab- lishment of the pedestrian mall will come from the Town's General Fund, and will be paid.-at-the time of'the recognition of the claim by the Town Council or be paid at another time in accordance,.with the requirements of'law. The amount paid.may later be assessed or charged against owners`.of property benefiting from the establish- ment of'the mall in whole or in part when such areas, or portions thereof, have been included in a general or special improvement district. _(5) Any person owning or having any legal or equitable interest in any real property which might suffer legal damage by reason-of the establishment of the proposed pedestrian mall, or any portion thereof, must file a written claim therefor in order for any such damages to be considered or allowed. Such must,be filed with the Town Clerk at any time prior to the first reading of the ordinance establishing the pedestrian mall. Such first reading may occur on January 13, 1981 , or within 180 days thereafter. Unless a written claim is made on or before'-the first reading of.the ordinance establishing the pedestrian mall, it may be late and, if late, will not be considered-as it cannot be allowed. More details on the particulars of the information which must be included on the claim and other rights of property owners are contained in Article 25 of Chapter 31, Colorado Revised Statutes (1973). (6) The public hearing and-consideration of the estab- lishment-of the mall in the area described in Section (1) above (or any part or portions thereof) shall be held on January 13, 1981 , at 7:30-o'clock P.M., before the Town Council in the Council Chambers, Benchmark Shopping Center, Avon, Colorado. At such time and place.a public hearing shall be held, and oral and written presentations will be heard acid considered from abutting property owners.and the public at large in favor of, or opposing, objecting to, or protesting the establishment of the-pedestrian mall. (7) A copy of this resolution shall be published, posted, mailed-and recorded by the Town Clerl;~, all as required by 1C.R.9. 31-24-405 (1973). (8) It is the intent of the governing body, at the time of adoption of the ordinance establishing the pedestrian mall, further to adopt an ordinance establishing a special improvement district to levy assessments on lands benefited by the establish- ment of the-mall to'pay.compensation or damages allowed to propert; owners and to pay for proposed improvements. (9) The Town Council foresees improvements being made o the pedestrian mall in the future; the same to.be accomplished rid paid for by establishment of a special-improvement district ursuant to.the Town's-Charter. It further is the intention of he Town Council to pay for maintenance; operation and repair of he.pedestrian mall by imposition of a special ad valorem assess- ~ent pursuant to C.R.S. 31-25-409 (1973). (10) The Town Council at this time determines that,the ublic interest and convenience require,the establishment of-a edestrian mall on the streets as's'et forth above'.in Section (1) -2- (or any part or portion or portions thereof), and vehicular traffic will not be unduly inconvenienced thereby, and it is the intention of the Town Council to undertake the necessary pro- ceedings to establish such pedestrian mall. INTRODUCED, READ, APPROVED AND ADOPTED, this ~9 /-day of adel_) , 1980. ~ S j " l ~ C r : f ~ 1. T t TOWN OF AVON B yMa Town Clerk f , I J ~ ~J rr i' -3- METES AND BOUNDS DESCRIPTION FOR AVON MALL G, 6 s 4.4i rr., -34 _ moo...>.• -`{~3t. % ~ cow oIQ °3r iYG~°Se' 4N 4/O. ' ,y Opp cw` _ TRIllEF NT ~f^20`JB' B'~W 4e- ' N2o°sBa78"W 'o0'r C~BEG/NN//I~ \ LOT 6~ iYas~ .4~ ~tt~ a~-ae' Sdo \ AVON MALL Metes and bounds description of a tract of land to be known as Avon Mall located in the northwest 1/4 of section 12 township 5 south range 82 west as shown on the official plat - Town of Avon, Eagle County, Colorado and final subdivision plat amendment #4 benchmark at Beaver Creek, more particularly described as follows: Beginning at the northwest corner of lot 64 as 'shown on said plat, thence north 360 56' 39" east a distance of 369.19 feet, thence south 20 31' 12" east a distance of 346.33 feet, thence south 650 58' 08" east a distance of 520.00 feet, thence south 850 31' 22" east a distance of 125.26 feet, thence south 200 581•08" east a distance of 85.00 feet, thence south 690 01' 52" west a distance of 120.00 feet, thence north 200 58' 08" west a distance of 75.00 feet, thence north 650 58'-08" west a distance of 255.00 feet, thence south 690 01' 52" west a distance of 42.43 feet, thence north 650 58' 08" west a distance of 72.47 feet, thence north 209 58' 08" west a distance of 42.43 feet, thence north 650 58' 08" west a-distance or 410.00 feet, to the POINT OF BEGINNING containing 90,025.5 square feet or 2.0667 acres more or less. 3955 E. EXPOSITION AVE. DENVER,. COLO. 80209 URSAREA:CCDE 303 '744-1861-, _ IMT A ENGINEERS . ARCHITECTS PLANNERS, STATE OF COLORADO ) COUNTY OF EAGLE ) SS TOWN OF AVON ) NOTICE OF INTENTION TO ESTABLISH A PEDESTRIAN MALL A RESOLUTION OF THE INTENTION OF THE TOWN COUNCIL TO ESTABLISH A PEDESTRIAN MALL ON THAT PORTION OF TRACT G, BLOCK 2, TOWN OF AVON, COLORADO; MAKING THE DETERMINATIONS REQUIRED BY LAW; DIRECTING THAT NOTICE BE GIVEN; AND SETTING FORTH DETAILS IN RELATION THERETO. A copy of said Resolution is attached hereto and is also on file at the office of the Town Clerk and may be inspected during regular business hours. This notice given and published by order of the Town Council of the Town of Avon, Colorado. Dated this 5th day of November, 1980. TOWN OF AVON, COLORADO By . Town Clerk POSTED AT THE FOLLOWING PUBLIC PLACES WITHIN THE TOWN OF AVON ON NOVEMBER 7th, 1980: THE NORTHEAST SIDE OF THE BENCHMARK SHOPPING CENTER, AVON POST OFFICE, THE MAIN ENTRANCE OF EAGLE VALLEY BOWL, THE PESTER GAS STATION, AND THE TOWN OFFICES, SECOND FLOOR, BENCHMARK SHOPPING CENTER, THE AVON CENTER AT BEAVER CREEK SITE G • s STATE OF COLORADO ) COUNTY OF EAGLE ) SS TOWN OF AVON ) NOTICE IS HEREBY GIVEN THAT A STUDY SESSION AT 2:00 P.M. AND A REGULAR COUNCIL MEETING AT 7:30 P.M. OF THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO, WILL BE HELD AT THE TOWN OFFICE, SECOND FLOOR, 0082 EAST BEAVER CREEK BOULEVARD, AVON, COLORADO, TUESDAY MARCH 24, 1981 FOR THE PURPOSE OF DISCUSSING AND CONSIDERING THE FOLLOWING: 1) AVON CENTER MALL AGREEMENT THIS MEETING IS OPEN TO THE PUBLIC TOWN OF AVON WILL BE POSTED IN THE FOLLOWING PUBLIC PLACES NORTHEAST SIDE OF THE BENCHMARK SHOPPING CENTE MAIN ENTRANCE EAGLE VALLEY BOWL, PESTER GAS STATION, TOWN OFFICES BY ORDER OF THE MAYOR Book 317 ~I Page 69 ii I 21f 41L Recorded at 1:00 P.M. Ja~ry 21, 1981 Fee $2.0 pd Recorder JOhnnette PLil S Eagle County NOTICE NOTICE IS HEREBY GIVEN that hearing on Resolution No. 80-169 Series of 1980, a copy of which is.kttached hereto, set for January 13, 1981, has been continued to'7:30 P.M. on March 24, 1981, at the Council Chambers, Avon Town Offices, Benchmark Shopping Center, Avon, Colorado. TOWN OF AVON By Town Clerk I Bok 317 Page 70 t~ ,442 Recorded at 1:00 P.M. J~uary 21, 1981 Fee $6.0 Recorder Johnnetteecorder Johnnette Ph Ps EagleCounty II- CERTIFICATE OF MAILING I hereby certify that I have mailed a copy of the attached Notice, together with a copy of Resolution No. 80-16, Series of 1980, to the following owners and encumbrances of the following lots located in Block 2, Benchmark at Beaver Creek Subdivision, Town of Avon, County of Eagle and State of Colorado the Iq-0- day of January, 1981. r Town Clerk, To of Avo BLOCK 2, according to the final Subdivision'.Plat, Amendment No. 4, Benchmark at Beaver Creek LOTS 47, 48, 49, 50, 51, 52, 53 and 54 "'-,-Avon Center at Beaver Creek (Owner) Box 25 Avon, Colorado 81620 Village Center S.A. c/o William R. Jordan, Esq. 600 East Hopkins Avenue Aspen, Colorado 81211 LOT 56 Marcos M. Suarez and Timberline Properties Corporation (Owners) 286 Bridge Street Vail, Colorado 81657 LOT 61 H.A.L. Construction, Inc. (Owner) P. 0. Box 2047 Vail, Colorado 81657 -,„First Bank of Eagle County 246 Broadway. Eagle, Colorado 81631 Lots 62, 63 and 64 Peregrine Properties, Ltd. (Owner) 32107 West Lindero Canyon Road, Suite 118 West .Lake Village, California 91361 LOTS 623% 63 and 64 (Continued) First-Bank of Eagle County " 246, Broadway, Eagle, Colorado 81631 .Birbarena c/o H.A.L. Construction, Inc. P. 0. Box 2047 Vail, Colorado 81657 Reynaldo Pauiagva, Margarita Baker VDA a De Vidaldes and'Cecilia Vidaldes de Llamas c/o Kadison, Ptaelzer, Woodara, Quinn & Rossi;-,attn: J. A. Uribe 707 Wilshire Blvd., 40th Floor Los Angeles, California 90017 Robert Garrett, Randall C. Jeffers and Thomas T. Bohannon, Jr. .3600 Coulter V Amarillo, Texas 79121 -2--!