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TC Res. No. 1982-09TOWN OF AVON RESOLUTION NO. #82-2 A RESOLUTION APPROVING A PETITION FOR ANNEXATION TO THE TOWN OF AVON OF TWO PARCELS OF LAND LOCATED IN SECTION 12, T. 5 SOUTH, RANGE 82 W. OF THE 6TH P.M., EAGLE COUNTY, COLORADO; AND SETTING FORTH FINDINGS AND CONCLUSIONS AND OTHER DETAILS THERETO. WHEREAS, a petition for annexation to the Town of Avon of a certain parcel of real property, being two parcels of land, located in Section 12, T. 5 South, Range 82 W. of the 6th P.M., Eagle County, Colorado, more particularly described on Exhibit "A", attached hereto and made a part hereof, has been submitted to the Town Clerk of the Town of Avon and referred herefrom to the Town Council; and WHEREAS, the owner of more than fifty percent of-the real property proposed for annexation, exclusive of the streets and alleys, is Nottingham Ranch Co., a Colorado limited partnership; and WHEREAS, in accordance with Section 31-12-107(1)(g), C.R.S. 1973, as amended, the Town Council may by ordinance annex the above specified property without an election, upon notice and hearing as provided in Sections 31-12-108 through 31-12-110, C.R.S. 1973, as amended; and WHEREAS, the Town Council is of the opinion that the petition should be granted and that the subject real property should be annexed to.the Town of Avon; NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO, THAT: Section 1. Findings. The Town Clerk of the Town of Avon has referred to the Town Council a petition for annexation of a certain parcel of real property (hereinafter referred to as the "subject property" and as more specifically described in Exhibit "A" attached hereto and incorporated herein by this reference) being two parcels of land located in Section 12, T. 5`South, Range 82 W. of the 6th P.M., Eagle County, Colorado, and the Town Council specifically finds upon review of said petition: (A) The petition is in substantial compliance with the requirements of Section 31-12-107(1)(g), C.R.S. 1973, as amended: U (B) The petition was signed by the owners of more than fifty percent of the area proposed to be annexed, exclusive of streets and alleys. Section 2. Hearing. As required by Section 32-12-108, C.R.S. 1973, as amended, a hearing shall be held to consider the petition and determine whether it complies with Sections 31-12-104 and 31-12-105, C.R.S. 1973, as amended. Such hearing shall be held at 7:30 p.m. on the 13th day of July , 1982 at the Municipal Building, 400 Benchmark Road, Avon, Colorado 81620. Section 3. Publication. This resolution shall be published once a week for four successive weeks in the Vail Trail, or another newspaper of general circulation in Eagle County, commencing no later than June 11, , 1982. Section 4. Effective Date. This resolution shall be effective immediately. PASSED AND ADOPTED THIS 2 S- day of AA-Y , 1982, in Avon, Eagle County, Colorado. Ma r -2- • 0 EXHIBIT "A" 0 ' (Page 2 of 2) LEGAL DESCRIPTION - PARCEL B: A part of Section 12, Township 5 South, Range 82 West of the Sixth Principal Meridian, Eagle County, Colorado, more particularly described as follows, with all bearings being relative to the Final Subdivision Plat of Benchmark at Beaver Creek, Amendment No. 4: Beginning at a point on the South right-of-,way line of the Denver and Rio Grande Western Railroad, from whence the Southwest corner of Tract F, Block 2, Benchmark at Beaver Creek bears .N 38°05'22" W 213.85 feet, said point-also being on the West right-of-way line of Avon Road; thence S 65°58108' E along said railroad right-of=way line 107.79 feet to a point on the East right-of-way line of Avon Road, said point.being the Northwest corner of a parcel of land described in-Book 213, i Page 247 of the Eagle County Records; thence continuing along said railroad right-of-way line and the North line of said. Parcel S 65°58'08' E 235.91 feet to the Northeast corner of said parcel; thence S 240019520 W-along the East line of said parcel a'-distance of 279.53 feet to.' point on the approximate centerline of the-Eagle River; thence N•82°56142' W 159.31 feet along said centerline and the South line of said parcel to a point on the East right-of-way line of Avon Road; thence-along. said right-of-way line the following four courses: 1) S 04°26'30• W 45.74 feet; 2) S"03049130" E 80.5 feet; 3) S 13°04' 30' W 95.60 feet-to the center eof said Section 12, being a brass cap monument found in.place; 4)- S 00°25'26" W 44.50 feet,to a point on the North right-of-way line of U.S. Highway6 and 24; thence 158.97,feet along the arc of a 3879.00 foot radius curve to the.left with a central-angle of 02.20' 53", a tangent of 79.50 feet.and a=long chord bearing•_N 75°45'48" W 158.96 feet to a•point on•the East line of a parcel of land described in Book 226 , Page 769 , -of the Eagle County Records; thence along said East'line the following three courses: 1) N 11°10''10" E 130.10 feet] ' 2) N 43°49'30" E 92.60 feet; 3) N 11010910" E 54.14 feet to a point-on'.the approxi- mate centerline of the Eagle River, i thence along said centerline S 86°36'05' W 36.99 feet to a point - on the West right-of-way line of Avon Road; thence along•raid .,right-of-way line the following four courses: _N 09'25' 30' E 94.37 feet; ` 2Y, ICI 4203411.00' •E 37.70 "feet= N 10'33.30 E 34.70 feet to - a poisit of curvature; . 4)-..181.29 feet along 'the -arc of a .109S.-90 foot radius curve to the left with a central.-angle of 090289420, a tangent of 90.85 feet and a long chord which.bears. N 05°49.09" E a distance of 181.09 'feet, to the Point of Beginning,•containing 127,971 square feet or 2.938 acres more or less. .9 Y -•1. A ,}w EXHIBIT "A" (Page 1 of 2) LEGAL DESCRIPTION - PARCEL A: A part of Section 12, Township 5 South, Range 82 West of the Sixth Principal Meridian, Eagle County, Colorado, more particularly described as follows, with all bearings being relative to the Final Subdivision Plat of Benchmark at Beaver Creek, Amendment No. 4: Beginning at the Southwest corner.of Tract F, Block 2, Benchmark at-Beaver Creek, said point also being on the North right-of-way line-of the Denver and Rio Grande Western Railroad; thence along'said right-of-way line S 65°58!08" E 532.73 feet; thence S 24°01'52" W 100.00 feet to a point on the South right- of-way line of said railroad, said point being the Northeast corner of a parcel of land.described in Book 213, Page 247 of the Eagle County Records; thence N 65°58'08" W 235.91 feet along said South right-of-way line and the North line of said parcel to a point on the East right-of-way line of Avon Road; thence continuing N 65058108" W and along said railroad right-of- way line a distance -...of...107..79. feet to...a point-on the West right-of-way line of Avon Road; thence continuing along said railroad right-of-way line N 65°58'08" W 189.03 feet; thence N 24°01.52" E 100.00 feet to the Point of Beginning, containing 53,273 square feet or 1.223 acres more or less.