Loading...
TC Res. No. 2002-22TOWN OF AVON RESOLUTION NO. 62-122 SERIES OF 2002 A RESOLUTION INITIATING 'ANNEXATION PROCEEDINGS FOR A PORTION OF THE LAND KNOWN AS LOT 6, MCGRADY ACRES INTO THE TOWN OF AVON; FINDING SUBSTANTIAL COMPLIANCE OF THE PETITION FOR. ANNEXATION; AND SETTING A HEARING THEREON. WHEREAS, Petitioner EDINBURGH CORPORATION, a Texas corporation, filed with the Town Clerk a Petition for Annexation (Exhibit A hereto). concerning a portion of the land known as Lot.6, 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 fords upon review of said petition.that it is in substantial compliance, with the requirements of C.R.S. § 31-12-107(1). Section 2. Hearing. 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 detere'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 y Yod r, yor ATTEST: a Kenny, Jerk APPROVED AS ORM: John nn, Town Attorney 2 ~ i Y ` e O To: Honorable Mayor and Town Council Thnlc Bill Efting, Town Manager From Ruth Borne, Director of Community Development Date May 22, 2002 Re: Resolution 02-22 - A,Resolution Initiating Annexation Proceedings for Portions of Land Known as Lot 6, McCrady Acres into the Town of Avon; Finding Substantial Compliance of the Petition for Annexation; and setting a hearing thereon. . Summary Edinburgh Corporation has fled a Petition for Annexation ("Petition's for portions of land known as Lot 6, McCrady Acres. Lot 6 of McCrady Acres is the final portion of McCrady to be annexed into the Town. The purpose of Resolution 02-22 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. The hearing is being scheduled for July 9, 2002. 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 A Town Manager Comments C-arr c.Cv, Attachments: Resolution 02-22 Memo tD Town Council, May 28, 2002 Page 1 of 1 Resolution 02-22 Initiating Annexation fir Lot 6, McGrady Acres RESOLUTION NO. 02-22 is SERIES OF 2002 A RESOLUTION INITIATING ANNEXATION PROCEEDINGS FOR A PORTION OF THE LAND KNOWN AS LOT 6, MCGRADY ACRES INTO THE TOWN OF AVON; FINDING SUBSTANTIAL COMPLIANCE OF THE PETITION FOR ANNEXATION; AND SETTING A HEARING THEREON. WHEREAS, Petitioner EDINBURGH CORPORATION, a Texas corporation, filed with the Town Clerk a Petition for Annexation (Exhibit A hereto) concerning a portion of the land known as Lot 6, McCrady Acres and as particularly. described in such petition, which petition has been referred to the Town Council; NOW9 THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO: Section 1. Findines. 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. Hearing. 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 • 2 PETITION FOR ANNEXATION i TO THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO: EDINBURGH CORPORATION C Petitioner'), 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 Act's, hereby petitions C 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 A attached hereto and . incorporated herein by reference C W 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 near future. 6. The Property is integrated with or is capable of being integrated with the Town. 7. The Petitioner comprises more than fifty percent (5051a) of the landowners in the Property owning more than fifty percent (5001a) of the Property, excluding public streets, and alleys and any land owned by the annexing municipality, and the Petitioner 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. 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 Petitioner is set forth underneath the name of Petitioner on Exhibit B. attached hereto and incorporated herein by this reference. • .15. The affidavit, of the circulator.of this Petition certi 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 municipality abutting the Property. 17. In connection with the processing of this Petition, the Petitioner requests that the Town institute a zoning approval" process for the Property in accordance with applicable provisions of the Municipal Code of the Town of Avon and in accordance with Section -115 of the Annexation-Act 18. Petitioner has filed this Petition subject to the following conditions: (a) Concurrently with its approval of annexation of the Property, the Town • Council approves for those portions of the Property that are not public right-of-way Neighborhood Commercial.- (NC) zoning which is consistent with the application for zoning which Petitioner submits in connection with this Petition. (b) Petitioner shall have the right 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 and zoning 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 having withdrawn the Petition, neither Petitioner nor the Town shall cause or permit the - occurrence of the conditions to effectiveness of the annexation as set forth in Section -1.13(2)(b) 'of the Annexation Act. 19. Upon the annexation of, the Property becoming effective, and subject to the conditions set forth in this Petition, the Property shall become subject to all ordinances, resolutions, rules and 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, 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, Petitioner .request that no additional terms and conditions be imposed upon annexation of the Property to 'the Town. THEREFORE, Petitioner requests 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 10 kv\ day of . 2002. Signatures of Landowner/Petitioner. EDINBURGH CORPORATION z- By: C. MIB ent . B. N e: C. chael Bowen Title: President Date of Signature: Aul ® Z • • Mailing Address: P.O. Box 3901 Avon, CO 81620 Attn: C. Michael Bowen. Resident of the Property? NO 0 EXHIBIT A - TO_ PETITION FOR ANNEXATION Legal Description of the Property Lot 6, McGrady Acres, according to the final plat thereof recorded in Book 558 at Page 533, at Reception No. 454664, in the office of the Eagle County, Colorado, Clerk and Recorder, EXCEPT that portion described as follows: • Beginning at the Most easterly corner 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 93.46 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 S76026'06"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 957°59'05"E 69.88 feet, along said northeasterly line, to the point of beginning, containing 3425 • square feet, more or less. • • EXHIBIT B, TO PETITION FOR ANNEXATION Legal Description of Property Owned by Petitioner Name of Landowner/Petitioner: EDINBURGH,CORPORATION " Lot 6, McGrady Acres, according to the.. final plat thereof recorded in Book 558 at Page 533,, at Reception No. 454664, in the office . of the Eagle County, Colorado, Clerk and Recorder; EXCEPT that portion described as follows 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. 0 T EXHIBIT C • TO PETITION FOR 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 rj pages including this page, and that the signature of the Peitioner thereon was witnessed by the circulator and is the true and original signature of the person whose names it purports to be, and that thedate of such slimature is correct. Circulator STATE OF COLORADO ) )Ss. COUNTY OF EAGLE ) The foregoing AFFIDAVIT OF CIRCULATOR was b cn ed and sworn to before me this 9 day of , 2002, by PYiy Witness my hand and official seal. My commission expires: • t. • LIST OF SPECIAL DISTRICTS AND SCHOOL DISTRICTS School District: Eagle County RE50J Special Districts: Colorado Mountain .College Eagle River Water and Sanitation Colorado River Water Conservation Upper Eagle Valley Consolidated Sanitation Eagle Valley Library Eagle County Health Services Eagle River Fire Protection . 0. 0