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TC Res. No. 1986-08TOWN OF AVON RESOLUTION NO. 86-8 A RESOLUTION FINDING A PETITION FOR ANNEXATION TO THE TOWN OF AVON OF A PARCEL OF LAND LOCATED IN SECTION 12, T. 5 SOUTH, RANGE 82 WEST OF THE 6TH.P.M. AND SECTION 7, T.5 SOUTH, RANGE 81 WEST OF THE 6TH P.M.,-EAGLE COUNTY, COLORADO TO BE IN SUB- STANTIAL COMPLIANCE WITH THE REQUIREMENTS OF SECTION 13-12-107(1) C.R.S. (1973) AS AMENDED. Recitals: A. A petition for annexation to the Town of Avon of a certain parcel of real property, being a parcel of land located in Section 12, T. 5 South, Range 82 West of the 6th P.M. and Section,7, T. 5 South, Range 81 West of the 6th P.M.,,Eagle County, Colorado, more particularly described in Exhibit A attached hereto ("Property") has been submitted to the Town Clerk of the Town of Avon and referred therefrom to the Town Council. B. The owner of fifty percent (50%) of the real property proposed for annexation, exclusive of the streets and alleys, is Eaglebend, a Colorado general partnership. C. In-accordance with Sections 31-12-107(1)(g). 31-12-108, and 31-12-109 C.R.S. (1973), as amended, the Town Council may by ordinance annex the Property upon public hearing after-proper notice duly given, inasmuch as the petition was signed by the owner of more than fifty percent (50%) of the area proposed to be annexed; and D. The Town Council is of the opinion that the petition is in substantial compliance with the requirements of Section 13-12-107(1), C.R.S. (1973), as amended. 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 "Property" and as more specifically described in Exhibit A attached hereto and incorporated herein by this reference) being a parcel of land located in Section 12, T. 5 South,"Range 82 West of the 6th P.M. and Section 7, T. 5 South, Range 81 West of the 6th P.M., Eagle County, Colorado, and the Town Council specifically finds upon review of said petition: • 0 (A) The petition is, in "substantial compliance with the requirements of Section 31-12-107(1), C.R.S. (B) A public hearing to consider such petition and deter-- mine whether the proposed annexation complies faith Sections 31-12-104 and. 31-12-105, C.R.S. (1973), as amended, shall be held on the 27th day of May 1986, at7:30p.m., in the municipal offices-of the Town of Avon. Section 2. Publication. This Resolution shall be published once a week for four consecutive weeks in'the Vail Trail, or another newspaper of general circulation in Eagle County, commencing no later than April 25, , 1986. Section 3. Effective Date. This Resolution shall be effective immediately. , PASSED AND ADOPTED this 8th day of April in Avon, Eagle County, Colorado. (QJ,&4 Mayor -2- 4/L/tso V-0104.1 • 0 EXHIBIT A LEGAL DESCRIPTION NAbt 1 Ot C A parcel of land lying in the Southeast one-quarter (SE 1/4) of Section 12, T 5 S, R 82 W, and the Southwest one-quarter (SW 1/4) of Section 7, T 5 S, R 81 W, all of the 6th P.M., Eagle County, Colorado, and being more particularly described as follows: Beginning at the Northeast corner of the'Final Plat of Eaglebend as recorded in the Eagle County Records; thence along the South right- of-way line of the Denver and Rio Grande Western Railroad the following five (5) courses-(the first four courses also being along the North line of Eaglebend): 1) N 64°22'00" W 2064.00 feet; 2) 578.05 feet along the arc of a curve to the left having a central angle of 00°57'53" and a radius of 34327.50 feet, the chord of which bears N 64°50'57" W 578.05 feet 3) 390.54 feet along the arc of a curve to the left having a central angle of-00°39'07" and a radius of 34327.50 feet, the chord of which bears N 65°39'37" W 390.54 feet; 4) N 65°59'00" W 377.60 feet to the Northwest corner of Eaglebend, also being the Northeast corner of a parcel of land owned by Frank and Imogene Doll; 5) N 65059'00" W 150.00 feet to the Northwest corner of -said parcel owned by Frank and Imogene Doll, also being the Northeast corner of a parcel of land owned by Nottingham Associates,'Inc.; thence along the East line of said parcel owned by Nottingham Associates, Inc., S 24°37'00" W 372.80 feet to a point on the North line of,a parcel of land owned by Eagle River Townhouse Associates, Ltd.; thence along the boundary of said parcel owned by Eagle River Townhouse Associates, Ltd., the following fifteen (15) courses: 1) S 37022'08" E 4.43 feet; 2) S 25°09'46" W 67:91 feet; 3) S 65°26'03" E 7.77 feet; 4) S 79°30'46" E 47.34 feet; 5) S 74°00'15" E 102.53 feet to the Southwest,corner of Eaglebend; 6) S 59039'32" E 398.03 feet along the South line of Eaglebend; 7 ,S 61°26'30" E 300.36 feet along the South fine of Eaglebend; 83 S 59°23'49" E 307.99 feet along the South line_of Eaglebend; 9 S 84°14'40" E 54.42 feet along the South line of Eaglebend; 103 S 01024'46"-E 35.00 feet along the South line of Eaglebend; 11) S 65°00'10" E 9.38 feet along the South line of Eaglebend; 12) S 01°48'20" E 125.87 feet to a point on the North right-of- way line of U.S. Highway No. 6; 13) N 63°10'00" W 932.89 feet along said North right-of-way line; 14 N 57°27'00" W 100.50 feet along said North right-of-way line;. 15) N 63°10100" W 492.65'feet along said North right-of-way line; thence S 26°50'00" W 120.07 feet to the Northwest corner of the Final Plat of River Oaks Condominiums as recorded in the Eagle County Records; thence along the South.right-of-way line of U.S. Highway No-.6 and the North line of River Oaks Condominiums, the following three (3) courses: 4/2/86 V-5182S 0 1) S 63°10'00" E 526.63 feet; 2) S-68054'36" E 100.50 feet; 3) S 63010'00" E 633.44 feet to a Final Plat of Eagle-Vail Filing No. 2 Records; PAGE 2 of 2 point on the boundary of the as recorded in the Eagle County thence along the boundary of Eagle-Vail Filing No. 2 and.the South right-of- . way line of U.S. Highway No. 6, S 63°10'00" E 267.69-feet; thence N 26°50'00" E 100.00 feet to the Southwest corner of the'Final Plat of White Water Condominiums Phase I as recorded in the Eagle County Records; thence along the.West line of White Water Condominiums Phase I, N 03°09'12" E 121.11 feet to the Northwest corner of said Plat and a point on the South line of Ea. leben-d; thence along the boundary line of Eaglebend the following twelve (12~ courses: 1) S 65°00'10" E 19.87 feet; 2 S 73°00'41" E,27.24 feet; 3) N 83°29'18" E 409.37 feet; 4) S 86°34'34" E 110.16 feet; fl 5 -S 62°21'14" E 260.77 feet; 6 S 38°51'12" E 231.14 feet; 7)-S 50024'14" E 315.36 feet; 8)"S '61°52'35" E 263.06 feet; 9) S 76°00'35" E 301.96 feet; '10) S 55°11'36" E 227.75 feet; 11) S 37°40'59' E 80.49 feet; 12) N 45°53100" E 503.74 feet to the Point of Beginning, containing 37.338 acres more or less. The bearings relate to the Final Plat of Eaglebend as recorded in the Eagle County Records. STATE OF COLORADO ) COUNTY OF EAGLE ) ss. TOWN OF AVON ) The Town Council of the Town of Avon, Eagle County, Colorado, met in regular session, open to,the public, in full conformity with law and the ordinances, rules and Charter of the Town, at the Avon Municipal Building, 400 Benchmark Road, Avon, Colorado, on Tuesday , the 11th day of March, 1986, at the hour of 7:30 P.M. Upon roll call the following were present, constituting a quorum: Mayor: Mayor Pro Tem: Council Members: Allan Nottingham Sheila Davis Don Buick Al Connell Stephen Miller Clinton Watkins A. J. Wells Also Present: Town Manager: Town Clerk: Town Attorney : Bill James Patricia J. Doyle John Dunn The following persons were also present:- The following persons were absent: Thereupon, Council Member A.-J:-Wells introduced the following resolution: Seconded by Councilmember Clint Watkins.