Loading...
TC Res. No. 2001-27RESOLUTION NO. 01-27 SERIES OF 2001 A RESOLUTION SETTING FORTH FINDINGS OF FACT AND CONCLUSIONS REGARDING THE, PUBLIC HEARING HELD ON THE ANNEXATION PETITION FILED BY EMD LIMITED LIABILITY COMPANY AND TRAER CREEK LLC CONCERNING A PORTION OF THE LAND KNOWN AS MCGRADY ACRES. WHEREAS on August 9,-2001, Petitioners EMD Limited Liability Company and Traer Creek LLC filed with the Town Clerk a Petition for Annexation (Exhibit A hereto) concerning a portion of the land known as McGrady Acres and as particularly described in such petition, which petition was referred to the Town Council; and WHEREAS by Resolution No. 01-18 the Town Council scheduled a public hearing on said petition in accordance with C.R.S. § 31-12-107, and WHEREAS following public notice the Town Council held a hearing on said petition on September. 25, 2001; NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO: Section 1. The Town Council hereby finds that the petition complies with the provisions of C.R.S. § 31-12-107. Section 2. The Town Council hereby finds that the petition meets the requirements of C.R.S. 31-12-104 and 31-12-105. Section 3. The Town Council hereby finds that an election on the petition is not required under C.R.S. § 31-12-107(2) Section 4. The Town Council hereby finds that no additional terms and conditions are to be imposed in connection with the petition. Section 5. The Town Council concludes that the area proposed in the petition to be annexed into the Town of Avon is eligible for annexation. ADOPTED this 25th day of September, 2001. TOWN OF AVON, COLORADO J Yoder APPROVED AS TO FORM: Burt Levin, Town Attorney PETITION FOR ANNEXATION TO THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO: The undersigned (collectively, "Petitioners'), in accordance with the Municipal Annexation Act of 1965 as set forth in Article 12, Title 31, Colorado Revised Statutes, as amended and as in effect on the submission date set forth below ("Annexation hereby petition ("Petition") the Town Council of the Town of Avon, Colorado ("Council'), to annex to the Town of Avon ("Town") the unincorporated territory located in the County of Eagle, State of Colorado, which property is more particularly described in Exhibit - attached hereto and incorporated herein by reference ("Prop='). In support of this Petition, Petitioners allege that: It is desirable and necessary that the Property be annexed to the Town. 2. The requirements of Sections -104 and -105 of the Annexation Act exist or have been met. 3. Not less than one-sixth (1/6) of the perimeter. of the Property is contiguous with the Town's current municipal boundaries: 4. A community of interest exists between the Property and the Town. 5. The Property is urban or will be urbanized in the near future. 6. The Property is integrated with or is capable of being integrated with the Town. 1. The Petitioners comprise more than fifty percent (50%) of the landowners in the Property owning more than fifty percent (50%) of the Property, excluding public streets, and alleys and any land owned by the annexing municipality; and the Petitioners hereby consent to the establishment of the boundaries of the. Property as shown on the annexation plat submitted herewith. 8. The Property is not presently a part of any incorporated city, city and county, or town; no proceedings have been commenced for incorporation or annexation of part or all of the Property to any other municipality; no election for annexation of the Property or substantially the same territory.to the Town has been held within the twelve (12) months immediately preceding the filing of this Petition. 9. The proposed annexation will not result in detachment of area from any school district or attachment of same to another school district. 10. Except to the extent necessary to avoid dividing parcels within the Property held in identical ownership, at least fifty percent (50%) of which are within the three (3).mile limit, the proposed annexation will not extend the municipal boundary of the Town more than three (3) miles in any direction from any point of the current municipal boundary. 11.. The proposed annexation will not result in the denial of reasonable access to any landowner, owner of an easement, or owner of a franchise adjoining a platted street or alley which has been annexed by the Town but is not bounded on both sides by the Town. 12. In establishing the boundaries of the Property, no land which is held in identical ownership, whether consisting of a single tract or parcel of real estate or two or more contiguous tracts or parcels of real estate: (a) is being divided into separate parts or parcels without the written consent of the. landowner or landowners thereof unless such tracts or parcels are separated by a dedicated. street, road, or other public way; or (b) comprising twenty (20) acres or more and together with buildings and improvements situate thereon having a valuation for assessment in excess of $200,000.00 for ad valorem tax purposes for the year next preceding the proposed annexation, is included in the Property without the written consent of the landowner or landowners. 51205.2 UUM 13. If a portion of a platted street or alley is to be annexed, the entire width thereof is ® included within the Property. 14. The legal description of the land owned by the Petitioners is set forth underneath the name of each such Petitioner on Exhibit B, attached hereto and incorporated herein by this reference. 15. The affidavit of the circulator of this Petition certifying that each signature on this Petition is the signature of the person whose name it purports to be and certifying the accuracy of the date of such signature is attached hereto as Exhibit C and is incorporated herein by this reference. 16. This Petition is accompanied by four prints of an annexation map containing, among other things, the following information: (a) A written legal description of the boundaries of the Property; (b) A map showing the boundary of the Property; . (c) Within the annexation boundary map, a showing of the location of each ownership tract in unplatted land and, if part or all of the area is platted, the boundaries .and the plat numbers of plots or of lots and blocks; and (d) Next_ to the boundary of the Property, a drawing of the contiguous boundary of the,annexing muiucipality abutting the Property. 17. In connection with the processing of this Petition, the Petitioners request that the Town: (a) Institute zoning and subdivision approval processes for the Property in accordance with applicable pro4isions'of the Municipal Code of the Town of Avon and in accordance with Section -115 of the Annexation Act; and (b) Approve and execute an annexation and development agreement . ("Annexation and Development Agreement") which establishes vested property rights for the Property. for an agreed upon term of greater than three years, pursuant to Chapter 17.14 of the Municipal Code of the Town of Avon, and Article 68, Title 24, Colorado Revised Statutes; and which otherwise establishes the development plan for the Property. 18. Petitioners have filed this Petition subject to the following conditions: (a) Concurrently with its approval of annexation of the Property, the Town Council: (i) approves for those portions of the Property which are not public right-of-way zoning and subdivision which is substantially consistent with the applications for zoning and subdivision which Petitioners Traer Creek LLC and EMD Limited Liability Company submit in connection with this Petition; and (ii) approves and authorizes execution of the Annexation and Development Agreement. (b) Petitioner Traer Creek LLC shall have the right, with or without the consent or agreement of any other landowner within' the Property, to withdraw this Petition by so notifying the Town'Clerk in writing prior to the fortieth (40th) day after the latest effective date of the final ordinances or resolutions approving annexation of the Property, the Annexation and Development Agreement, or zoning or subdivision of the Property; provided, however, that such withdrawal right may be exercised only if a third party commences a formal challenge to any of the approvals within such period. (c) Prior to expiration of the period described in the foregoing subparagraph (b) without Petitioner Traer Creek LLC having withdrawn the Petition, neither Petitioners nor the City shall cause or permit the occurrence of the conditions to effectiveness of the annexation as set forth in Section -113(2)(b) of the Annexation Act. 10 19. Upon the annexation of the Property becoming effective, and subject to the conditions set forth in this Petition and to be set forth in the Annexation and Development Agreement, the property shall become subject to all ordinances, resolutions, rules and 311605.1 W AYFA regulations of the Town, except as otherwise set forth in the Annexation and Development • Agreement, and except for general property taxes of the Town which shall become effective on January 1 of the next succeeding year following adoption of the annexation ordinance. 20. Except for the terms and conditions of this Petition and of the Annexation and Development Agreement, which terms and conditions Petitioners expressly approve and therefore do not constitute an imposition of additional terms and conditions within the meaning of Section -107(l)(g) of the Annexation, Act, Petitioners request that no additional terms and conditions be imposed upon annexation of the Property to the Town. THEREFORE, Petitioners request that the Town Council of the Town of Avon, Colorado,, complete and approve the annexation of the Property pursuant to the provisions of the Municipal Annexation Act of 1965, as amended. Respectfully submitted this .1,%d day of la 7- , 2001. Signatures of Landowners/Petitioners: EMD LIMITED LIABILITY COMPANY, a Colorado limited liability company, By:LAVA CORPORATION, a Colorado _ corporation, its Manager B. N Lindholm Title: P relident Date of Sienature: 94/o / Mailing Address: Colorado limited liability company. By: - Nam : Magnus dholm Title: Manager Date of Signature: %s e / Vail, CO 81658 P.O. TRAER Box 640 Attn: William CREEK J. LLC Post,, a Esq: Resident of the Property? NO Mailing Address- P.O. Box 640 VCO 81658 Attn: William J. Post, Esq. Resident of the Property? NO • SIUaS.I 49.A,fER EXHIBIT A TO PETITION FOR ANNEXATION Legal Description of the Property Those parts of the Denver and Rio Grande Western Railroad right-of-way and those parts of U.S. Highway 6 and 24 right-of-way, both lying in the S 1/2 Section 7, Township 5 South, Range 81 West of the Sixth Principal Meridian, Eagle County, Colorado; together with those 'parts of McCrady Acres, according to the final plat thereof recorded in Book 558 at Page 533 in the office of the Eagle County, Colorado, Clerk and Recorder, together with the. 60 foot wide public right-of:way shown on (Corrected) Final Plat - Condominium Map SUN RIVER CONDOMINIUMS according to the map thereof recorded in Book 318 at Page 186 in the office of said Clerk and Recorder, all being described as a whole as follows: Beginning at a point on the existing Town of Avon boundary and the northerly right-of-way line of the Denver and Rio Grande Western Railroad, whence the northwest comer of said. McCrady Acres. bears S25°38'001 W 100.00 feet; thence the following four courses along said common line: (1) S64°22'00'E 376.11 feet; (2) 28.04 feet along the arc of a curve to the left, having a radius of 1860.00 feet, a central angle of 00°51'50", and a chord that bears S64°47'55"E 28.04 feet; (3) S00°12'23"E 22.04 feet; (4) 548.06 feet along the arc of a curve to the left, having a -radius of 1880.00 feet, a central.angle of 16'42'10', and a chord that bears S73°51'55"E 546.11 feet; thence, departing said common "line, S07°47'00"W 60.00 feet to a point on the southerly right-of=way line of said Denver and Rio Grande Western Railroad and the northerly right-of- way line of Nottingham Ranch Road as shown on said final plat of McCrady Acres; thence the following two courses along said common line: (1) S82°13'00"E 1136.53 feet; (2) 42.66 feet along the arc of a "curve to the right, "having a radius of 5699.70 feet, a central angle of 00025'44", and a chord that bears S82°00'09"E 42.66 feet; thence, departing said common line and continuing the following nine courses along the easterly, southerly and southeasterly right- of=way lines of said Nottingham Ranch Road: (1) 20928 feet along the arc of a curve to the right, having a radius of 120.00 feet, a central angle of 99°55'26", and a chord that bears S57049'17"W 183.75 feet; (2) N72°13'00"W 277.44 feet; (3) N82013'00"W 105624 feet; (4) 167.20 feet along the arc of a curve to the left, having a radius of 265.00 feet, a central angle, of 36°09'00", and a chord that bears S79042'30"W 164.44 feet; (5) S61°38'00"W 113.82 feet; (6) 159.29 feet along the arc of a curve to the right, having a radius of 557.63 feet, a central angle of 16°22'00",' and a chord that bears S69°49'00"W 158.75 feet; (7) S78°00'01"W 93.40 feet; (8) 149.40 feet along the arc of a curve to the left, having a radius of 500.00 feet, a central angle of 17°07' 12"; and a chord that bears S69°26'25"W 148.85 feet; (9) S6005249"W 101.94 feet to the southwesterly line of said McCrady Acres and the northeasterly line of said Sun River Condominiums; thence, along said common line, S47°59'03"E 0.24 feet; thence, departing said common line, S60°53'00"W 78.88 feet, along the easterly line of the 60 foot wide public right- of-way shown on said (Corrected) Final Plat - Condominium Map SUN RIVER CONDOMINIUMS, to the southwesterly line of said Sun River Condominiums and the northeasterly right-of-way line of said U.S. Highway 6 and 24; thence, along said common line, 264.30 feet along the arc of a curve to the.left, having a radius of 1830.00 feet, a central"angle of 08°16'30", and a chord that bears S70°43'32"E 264.07 feet; thence, departing said-common line, S15°08'13"W 130.00 feet to the southwesterly right-of-way line of said U.S. Highway 6 and 24; thence the following two courses along said southwesterly right-of-way line: (1) 400.12 feet along the arc of a curve to the right, having a radius of 1960.00 feet, a central angle of 11°41'47"; and a chord that bears N69°00'54"W 399.42 feet; (2) N63°10'00"W 100.72 feet; thence, departing said southwesterly right-of-way line, N26°50'00"E " 123.00 feet to the southwesterly line of said Sun River Condominiums and the northeasterly right-of-way line of U.S. Highway 6 and 24; thence, along said common line, the following three courses: (1) S79°52'00"E 24.35 feet; (2) S63°10'00"E 77.40 feet; (3) 34.82 feet along the arc of a curve to the left, having a radius of 1830.00 feet, a central angle of 01°05'25", and a chord that bears S63°42'43"E 34.82 feet; thence, departing said common line, N60°53'00"E 102.46 feet, along the westerly line of the 60 foot "wide public right-of-way as shown on said (Corrected) Final Plat - Condominium Map SUN RIVER CONDOMINIUMS, to the northeasterly line of said Sun • River Condominiums and the 'southwesterly line of said McGrady Acres; thence, along said common line the following two courses: (1) N47°59'03"W 198.62 feet; .(2) N37°40'59"W. 102.73 feet to the most westerly comer of said McCrady Acres and the existing Town of Avon boundary; thence, departing said common line, N45053'00"E 125.14 feet along the $12605.1 M AYM A-1 northwesterly line of McCrady Acres and the existing Town of Avon Boundary; thence, departing the existing Town of Avon boundary, S40°32'42"E 318.00 feet along the • southwesterly line of Lot 6; said McGrady Acres to the southeasterly line of said Lot 6 and the northwesterly right-of-way line of said Nottingham Ranch Road; thence, along said common line, the following four courses: (1) N60°52'49"E 18.00 feet; (2) 170.31 feet along the arc of a curve to the right, having a radius of 570.00 feet, a central angle of 17°07' 12", and 'a chord that bears N69°26'25"E 169.69 feet; (3)N78°00'01"E 93.40 feet; (4) 19.13 feet along the arc of a curve to the left, having a radius of 487.63 feet, a central angle of 02°14'51'; and a chord that bears N76°52'36"E 19.13 feet to the most easterly comer of said Lot 6; thence, departing said common line, N57°59'05" W 462.86 feet, along northeasterly line of said Lot 6, to the northwesterly line of said McCrady Acres and the existing Town of Avon boundary; thence, departing said northeasterly line, N45°53'00"E 240.92 feet along said northwesterly line of McCrady Acres and the existing Town of Avon boundary to the northwest comer of said . McGrady Acres; thence, departing said northwesterly line of McGrady Acres and said existing Town of Avon boundary, N25°38100"E 100.00 feet to the point of beginning, containing 11.49 acres, more or less. 312W51 KUAM A-2 EXHIBIT B TO PETITION FOR ANNEXATION Legal Description of Property Owned by Each Petitioner Name of Landowner/Petitioner: EMD LIMITED LIABILITY COMPANY, a Colorado limited liability company Lot 2, McGrady Acres, according to the final plat thereof recorded in Book 558 at Page 533, in the office' of the Eagle County, Colorado, Clerk and Recorder. Name of Landowner/Petitioner:. TRAER CREEK LLC, a Colorado limited liability company Lots 3, 4 and 5 McGrady Acres, according to the final plat thereof recorded in Book 558 at Page 533, in the office of the Eagle County, Colorado, Clerk and Recorder. • L_J SM0.2 WAY6 B-1 EXHIBIT C TO PETITION TOR ANNEXATION Affidavit of Circulator The undersigned, being of lawful age, who being first duly sworn upon oath deposes and says: That he was the circulator of the foregoing Petition for Annexation of lands to the town of. Avon, consisting of 17 pages including this page, and that the signatures of the Peitioners thereon were witnessed by the circulator and are the true and'original signatures of the persons whose names. they.puiport to be, and that the dates of such signatures great. Circulator STATE OF' C~W toM ) ) ss. COUNTY OF tWkk ) The foregoing AFFIDAVIT OF CIRCULATOR was subscribed and sworn to before me . this Ist day_of ' fwuwT , 2001, by W%w fm J. Ptyr Witness'my hand and official seal. My commission expires: 12.8 211 L~ MEMORANDUM TO: Hon. Mayor and Town Council FROM: Burt Levin RE: McGrady Acres Annexation Public Hearing and Resolution DATE: September, 20, 2001 Per Colorado statutes, a public hearing must be held on the petition for annexation of McGrady Acres before the petition may be granted. The public hearing is set for September 25 h. Any person may appear at the hearing and present evidence upon, any matter to be determined by the Council. The matters to be determined by the Council are whether the land proposed to be annexed is sufficiently contiguous with the Town and whether a community of interest exists between the area proposed to be annexed and the Town. Staff s review of the petition shows that the property involved is indeed eligible for annexation. At the beginning of the public hearing I will make a brief introductory statement, and then the Council may hear from the petitioner(s) and any member of the public. Once the hearing is concluded the Council shall set forth its findings and conclusions. A resolution has been prepared and is on the agenda setting forth findings that the annexation petition complies with law and that the subject land is eligible for annexation.