TC Res. No. 2002-21TOWN OF AVON
RESOLUTION NO. 02-21
SERIES OF 2002
A RESOLUTION INITIATING ANNEXATION 'PROCEEDINGS FOR PORTIONS
OF THE LAND KNOWN AS POST BOULEVARD PUBLIC RIGHT OF WAY INTO
THE TOWN OF AVON; FINDING SUBSTANTIAL COMPLIANCE. OF THE
PETITION FOR ANNEXATION; AND SETTING A HEARING THEREON.
WHEREAS, Petitioners TRAER CREEK METROPOLITAN DISTRICT,
EDINBURG CORPORATION, a Texas corporation, and MARGARET BREYER,
PERSONAL REPRESENTATIVE FOR THE ESTATE OF JEANETTE L.
NOTTTNNGHAM a/k/a JEANETTE NOTTINGHAM, 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 has been referred to the Town
Council;
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF
THE TOWN OF AVON, COLORADO:
Section -1. Findings. The Town Clerk has referred to the Town Council the Petition
for Annexation attached hereto as Exhibit A. The Town Council specifically finds upon
review of said petition that it is in substantial compliance with the requirements of C.R.S. §
31-12-107(1).
Section 2. Bearing. A ,hearing on the petition shall be held at 5:30 P.M. on July 9,
2002, at the Council Chambers in the Avon Municipal Building; 400 Benchmark Road,
Avon, Colorado; to determine if the proposed annexation complies with 31-12-104 and
31-12-105; C.R.S., and whether the subject property; is eligible for annexation.
Section 3. Publication. This Resolution shall be published once a week for four
successive weeks in Eagle Valley Enterprise'newspaper, a newspaper of general circulation
in Eagle County, Colorado, commencirig no, later than June 6, 2002.
Section 1 Effective Date. This Resolution, shall be effective immediately upon
approval.
ADOPTED this 28th day of May, 2002.
TOWN OF. AVON, COLORADO
dy Yoe ayor
0 WJ~hoc
w
ATTEST: a . '
a
cKenny, - - w lk, t 3
APPROVED AS TO FORM:
Joh d Dunn, Town Attorney
-..2
yVlemo
TO: Honorable Mayor and Town Council
Thru: Bill Efting, Town Manager-'56'!5-;-
From Ruth Borne, Director of Community Development
Date May 22, 2002
Re: Resolution 02-21- A'Resolution Initiating Annexation Proceedings for
Portions of Land Known as Post Boulevard Public Right of Way into the
Town of Avon; Finding Substantial Compliance of the Petition for
Annexation; and setting a hearing thereon.
Summary
Traer Creek Metropolitan District, Edinburgh Corporation, and Margaret Beyer, Personal
Representative for the Estate of Jeanette L. Nottingham a/ka/ Jeanette Nottingham have filed a
Petition for Annexation ("Petition") for portions of land known as the Post Boulevard Public Right
of Way. The property contained in the annexation is intended to incorporate all of the property
into the Town of Avon in order to accommodate the road and infrastructure improvements for
the Village (at Avon).
The purpose of Resolution 02-21 is to determine that the Petition is in substantial
compliance with the requirements of the Colorado statutes and to set a hearing to
determine if the proposed annexation complies with requirements for annexation.
Recommendation
Staff recommends Town Council approve Resolution 02-21 Initiating Annexation
Proceedings for Portions of Land Known as Post Boulevard Public Right of Way into the
Town of Avon; Finding Substantial Compliance of the Petition for Annexation; and setting a
hearing thereon.
Proposed Motion
"I move to approve on Resolution 02-21 Initiating Annexation Proceedings for Portions of
Land Known as Post Boulevard Public Right of Way into the Town of Avon; Finding
Substantial Compliance of the Petition for Annexation; and setting a hearing thereon."
Town Manager Comments
Attachments:
• Resolution 02-21
Memo to Town Council, May 28, 2002 Page 1 of 1
Resolution 02-21 Initiating Annexation for Post Boulevard
RESOLUTION NO. 02-21
0
SERIES OF 2002
A RESOLUTION INITIATING ANNEXATION PROCEEDINGS FOR PORTIONS
OF THE LAND KNOWN AS POST BOULEVARD PUBLIC RIGHT OF WAY INTO
THE TOWN OF AVON; FINDING SUBSTANTIAL COMPLIANCE OF THE
PETITION FOR ANNEXATION; AND SETTING A HEARING THEREON.
WHEREAS, Petitioners TRAER CREEK METROPOLITAN DISTRICT, a special
district formed pursuant to C.R.S. § 32-1-101 et. seq. and a governmental subdivision of the
State of Colorado, EDINBURGH CORPORATION, a Texas corporation, and MARGARET
BEYER, PERSONAL REPRESENTATIVE FOR THE ESTATE OF JEANETTE L.
NOTTTINGHAM a/k/a JEANETTE NOTTINGHAM, filed with the Town Clerk the Petition
for Annexation attached as Exhibit A hereto (the "Petition") and concerning a portion of the
land known as McGrady Acres and as more particularly described in the Petition, which
Petition has been referred to the Town Council;
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF
THE TOWN OF AVON, COLORADO:
Section 1. Findings. The Town Clerk has referred to the Town Council the
Petition. The Town Council specifically finds upon review of said petition that it is in •
substantial compliance with the requirements of C.R.S. § 31-12-107(1).
Section 2. Hearin e. A hearing on the petition shall be held at 5:30 P.M. on July 9,
2002, at the Council Chambers in the Avon Municipal Building, 400 Benchmark Road,
Avon, Colorado, to determine if the proposed annexation complies with 31-12-104 and
31-12-105, C.R.S., and whether the subject property is eligible for annexation.
Section 3. Publication. This Resolution shall be published once a week for four
successive weeks in Eagle Valley Enterprise newspaper, a newspaper of general circulation
in Eagle County, Colorado, commencing no later than June 6, 2002.
Section 3. Effective Date. This Resolution shall be effective immediately upon
approval.
ADOPTED this 28th day of May, 2002.
TOWN OF AVON, COLORADO
Judy Yoder, Mayor
0
•
ATTEST:
Patty McKenny, Town Clerk
APPROVED AS TO FORM:
John Dunn, Town Attorney
0
v
PETITION FOR ANNEXATION
TO THE TOWN COUNCIL OF THE TOWN OF AVON; COLORADO:
The undersigned (collectively, the "Petitioners"), in accordance with the
Municipal Annexation Act of 1965 as set forth in Article ]2, Title 31, Colorado Revised Statutes,
as amended and as in effect on the submission date set forth below ("Annexation Acf), hereby
petition (``Petition") the Town Council of the Town of Avon, Colorado ("Council'), `to annex to
the Town of Avon Town's the unincorporated territory located in the County of Eagle, State of
Colorado, which property is more particularly described in Exhibit- A. attached hereto and
incorporated herein by reference ("Pro In support of this Petition, Petitioners allege that:
1. 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 neat future.
6. The Property is integrated with or is capable of being integrated with the Town.
7. 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.
541553.3 CAMALC
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.,,,
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 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 B . 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 municipality abutting the Property.
17. Petitioners have filed this Petition subject to the following conditions:
(a) Petitioner Traer Creek Metropolitan District, ("TCMD") have" the right,
with or without the consent or agreement of any other Petitioner or landowner within the
Property, to withdraw this Petition by'so notifying the Town Clerk in writing prior to the
541553.3 CAMALC 2
fortieth (40th) day after the effective date of the final ordinance approving annexation of
the Property. 0
(b) Prior to expiration of the period described in the foregoing
subparagraph (a) without TCMD having withdrawn the Petition, neither Petitioners, any
other landowner within the Property, 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.
18. Except for the terns and conditions of this Petition, 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(1)(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 _A2~day of IV a4 2002.
Signatures of Petitioners:
TRAER CREEK METROPOLITAN •
DISTRICT, a Colorado Special District formed
pursuant to C.R.S. § 32-1-101 et. seq. and a
governmental subdivision of the State of
Colorado
By:
William J. Post, esident
Date of Signature: 4.2.S•7moz.
Mailing Address:
P.O. Box 640
Vail, Colorado 81658
Attn: William J. Post, Esq.
541553 3 CAMALC 3
Resident of the Property? NO
•
~1
•
0
541553.3 CAMALC
EDINBURGH CORPORATION, a Texas
corporation
By:
C. Michael owen, President
Date of Sianature:~.~ ae ~
Mailing Address:
Preeo Silverman Green & Egle PC
1401 17"' Street, Suite 800
Denver, Colorado 80202
Attn: Robert L. Preeo, Esq.
Resident of the Property? NO
4
•
MARGARET BEYER, personal representative
for the Estate of Jeanette L. Nottingham, a/k/a
JEANETTE NOTTINGHAM, deceased
By:
Mar aret Byer
bate. of Signature:-f O
Mailing Address:
Meek & Swartz, P.C:
1824 West Street
.
Redding, California 96001-1793.
Attn: William L. Meek, Esq.'
Resident of the Property?. NO
. 541553.7 CAMALC 5
EXHIBIT A
TO PETITION FOR ANNEXATION
Legal Description of the Property
1. Name of Petitioner: EDINBURGH CORPORATION, a Texas Corporation
PARCEL A
That part of Lot 6, 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,
described as follows:
Beginning at the most easterly comer of said Lot 6; thence the following three courses
along the southeasterly line of said Lot 6; (1) 19.13 feet along the arc of a curve to the
right, having a radius of 487.63 feet, a central angle of 02°14'51", and a chord that bears
S76°52'36"W 19.13 feet; (2) S78°00'01"W 93.40 feet; (3) 31.15 feet along the arc of a
curve to the left, having a radius of 570.00 feet, a central angle of 03°07'51", and a chord
that bears S76°26'06"W 31.14 feet; thence, departing said southeasterly line,
N50°51'55"E 45.70 feet; thence 60.15 feet along the arc of a curve to the left, having a
• radius of 697.62 feet, a central angle of 04°56'23", and a chord that bears N49°14'01"E
60.13 feet to the northeasterly line of said Lot 6; thence S57°59'05"E 69.88 feet, along
said northeasterly line, to the point of beginning, containing 3425 square feet, more or
less.
2. Name of Petitioner: MARGARET BEYER, as personal representative for the
ESTATE OF JEANETTE L. NOTTINGHAM, aWa JEANETTE NOTTINGHAM,
deceased
PARCEL B
That part of Lot 1, Nottingham Cottages P.U.D., according to the final plat thereof
recorded as Document No. 652403 in the office of the Eagle County, Colorado, Clerk and
Recorder, described as follows:
Beginning at the northwesterly corner of said Lot 1: thence, along the northwesterly line
of said Lot 1, N78°00'01"E 19.88 feet; thence, departing said northwesterly line,
S50051'55"W 28.15 feet to the westerly line of said Lot 1; thence, along said westerly
line, N09°57'00"E 13.84 feet to the point of beginning, containing 127.6 square feet,
more or less.
•
541551.3 CAMALC A-1
PARCEL C
That part of Lot 2, Nottingham. Cottages, P.U.D., according to the final plat thereof
recorded as Document No. 652403 in the office of the Eagle. County, Colorado, Clerk and
Recorder, described as follows:
Beginning at the most westerly corner of said Lot 2; thence the following three courses
along the northwesterly line of said Lot ;2: (1) N60°5249"E 101.94 feet; (2) 149.40 feet
along the arc of a curve to the right;-having a radius of S00.90.-feet,-a. central angle of
17°07'12", and a chord that bears N69°26'25"E 148.85 feet; (3) N78000'01"E 37.70 feet
to the most northerly corner of said Lot 2; thence, along the common line of said Lot .2
and Lot 1 of said Nottingham, Cottages P.U.D., S09°57'00"W .13.84 feet; thence,
departing said common line, S50°5 1'55"W 84.85 feet; thence SW4 42_'51"E 0.82 feet;
thence 16.25 feet along the arc of a curve to the right, having a. radius of 105.25. feet, a
central angle of 08°50'45", and a chord that bears S60°30'44"W 16.23 feet;.thence 23.27
feet along the arc'of a curve to the left, having a radius of 94.75 feet, a central angle of
14°04'12", and a chord that bears S57°54'01"W 23.21 feet; thence S50°51'55"W 109.16
feet; thence 6.22 feet along the arc of a curve to the left; having a radius of 164.75 feet, a
central angle of 02°09'48", and a chord .that bears S49°47'01"W 6.22 feet to the
southwesterly line. of. said Lot 2; : thence the following two, courses' along said
southwesterly line: (1) .N60.°25'20"W 53.87 feet; (2) N47°59'03"W 37.01 feet to the
point of beginning, containing 14796 square.feet, more or less.
3. Name of Petitioner: TRAER CREEK METROPOLITAN DISTRICT; as the
condemning authority in legal possession pursuant to the Order of Possession entered on
April 24, 2002; in Case No. O1-CV-524.
PARCEL D
That part of ' (Corrected) -Final Plat - Condominium. Map SUN RIVER
CONDOMINIUMS according to the map thereof recorded in Book 318 at Page 186 in
the office of the Eagle County, Colorado, Clerk and Recorder, described as follows:
Beginning at the most. easterly comer of an existing 60 foot -wide Access
Easement as shown on said (Corrected) Final Plat - Condominium Map SUN
RIVER CONDOMINIUMS; thence the . following two courses along the
northeasterly.. line of said (Corrected) Final Plat Condominium, Map SUN
RIVER CONDOMINIUMS: (1) S47°59'03"E 36.78'.feet; (2) S60°25'20"E 53.87
feet; thence, departing said northeasterly line, 11. feet along the arc of a curve
to the left, having a-radius of 164.75 feet, a central angle, of 03°51'47", and a
chord : that. bears 946646'1.3"W, 111. 11 feet; thence 30.80 feet along . the arc of a
curve to the left, having a radius of 47.00 feet, a central angle of 3713310", and a .
chord that bears S26°03'45"W 30.26 feet, to the southwesterly line of said
(Corrected) Final Plat - Condominium Map SUN RIVER CONDOMINIUMS;
thence, along said southwesterly line, 130.71 feet along. the arc of a curve to the
right, having a radius of 1830.00 feet, a central angle of 04°05'33", and a chord
that bears N68°38'04"W .130.68 feet to the most southerly corner of said 60 foot
5415533 CAMALC A-2
•
•
•
• wide Access Easement; thence, departing said southwesterly line, N60°53'00"E
78.88 feet, along the southeasterly line of said 60 foot wide Access Easement, to
the point of beginning, containing 5591 square feet, more or less.
PARCEL E
That part of (Corrected) Final Plat - Condominium Map SUN RIVER
CONDOMINIUMS according to the map thereof recorded in Book 318 at Page 186 in
the office of the Eagle County, Colorado, Clerk and Recorder, described as follows:
Beginning at the most northerly comer of an existing 60 foot wide Access
Easement as shown on said (Corrected) Final Plat - Condominium Map SUN
RIVER CONDOMINIUMS; thence, along the northwesterly line of said 60 foot
wide Access Easement, S60°53'00"W 79.05 feet; thence, departing said
northwesterly line, N25°21'46"E 17.60 feet; thence N60°53'24"E 61.24 feet, to
the northeasterly line of said (Corrected) Final Plat - Condominium Map SUN
RIVER CONDOMINIUMS; thence S47°59'03"E 10.80 feet, along said
northeasterly line, to the point of beginning, containing 717 square feet, more or
less.
E
•
541553.3 CAMALC A-3
EXHIBIT B •
TO PETITION FOR ANNEXATION
Affidavit of Circulators
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 10 pages including this page, and that the signatures of William J. Post
and C. Michael Bowen thereon were witnessed by the. circulator and are true and original
signatures of the person whose name they purport to be, and that the dates of such signatures
are correct.
STATE OF COLORADO )
)ss.
i or
C~) COUNTY OF EAGLE )
The foregoing AFFIDAVIT OF CIRCULATOR was subscribed and sworn to before me
this 26th day of April, 2002, by Shane Bohart.
Witness my hand and official seal.
My commission expires: 12/8/2004.
•
B-1
•
•
•
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 ! pages including this page, and that the signature of
Margaret Beyer thereon was witnessed by the circulator and are the true and original signatures
of the person whose name they purport to be, and that the dates of such signatures are correct.
Circulator
STATE OF Cg r -0714
)
) ss•
COUNTY OF )
The foregoing AFFIDAVIT OF CIRCULATOR was subscribed and sworn to before me
this Ia day of A> e 2002, by ,tea H ~a ' D.~a A
Witness my hand and official seal.
My commission expires:
WIWAtI, 4,MEpE
COM. t 1215930
soTUn ~uauc~uuwxxu Notary Public
my am how me Mnn
541553.3 CAMALC
B-2