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TC Res. No. 2002-27RESOLUTION NO. 02-27 SERIES OF 2002 A RESOLUTION OF THE TOWN OF AVON, SETTING FORTH FINDINGS OF FACT AND CONCLUSIONS REGARDING THE ANNEXATION OF CERTAIN PROPERTY AS DESCRIBED INTHE POST BOULEVARD PUBLIC RIGHT OF WAY PETITION FOR ANNEXATION WHEREAS, annexation proceedings were heretofore initiated by the filing on May,10, 2002 of the Post Boulevard' Public Right of Way Petition for Annexation (the "Petition") for a portion of certain property located in Eagle County, Colorado; and described on Exhibit A. attached hereto (the "Annexation Property"); and WHEREAS, at a meeting on the 28" day of May, 2002; -the Town Council passed and. adopted Resolution No. 02-21 finding substantial compliance of Petition, and setting a hearing to determine if the proposed annexation complies with Sections 31-12-104 and 31-12-105, C.R.S., and is eligible for annexation to the Town; and WHEREAS, following notice given as required by law, the Town Council has held a hearing on said annexation;' NOW, .THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO THAT: Section 1. The Town Council hereby finds that Petition complies with the provisions of Section 31-12-107, C.R.S. Section 2. The Town Council hereby finds that, with respect to Petition, the requirements of Article 11, Section 30 of the Colorado. Constitution and of the applicable parts of Sections 31-12-104 and 31-12-105, C.R.S., have been met. Section 4. The Town Council: hereby finds that no additional terms and conditions are to be imposed upon annexation of that Annexation Property included in the Petition. Section 5. The Town Council hereby finds that an election is not required under Sections 31-12-107(2) or 31-12-112(1), C.R.S. Section 6. The Town Council hereby finds that notice was given and a hearing was held regarding the annexation in accordance with the requirements of Sections 31-12-108 and 31-12-109, C.R.S., as applicable. Section 7. The Town Council concludes that the Annexation Property included in Petition is eligible for annexation to the Town of Avon. Page: I 09978 <ax Sara J Fisher ~IIIIIIIIY YII„IIIIIII I IA e 8 544252.1 CAMALC 06127/02 3:46 PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Avon held this day oft, 2002. Qllr~ J Yoder mayor of the Town of Avon, Colorado ATTEST: In, Patty c nny Town ler IVI~NIUI~INIM~VI~~IIINIIII~IN~llll~ 8099.~8:.m Sara J Fisher Eagle, Co 370 R 76. 00 D 0.00 5442521 CAMALC 06/27102 3:46 PM 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 It Title 31, Colorado Revised Statutes, as amended and as in effect on the submission date set forth below ("Annexation Act' hereby petition ("Petition') the Town Council of the Town of Avon, Colorado Council'), to annex to the Town of Avon ("Town '1 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 a 1. 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 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 arevithin 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. Page: 3 of 15 10/10/2002 09978 W Sara J ~I~IINN~N~III~IIHII~ 8 541555.3 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 A. 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 C 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 80.99178 Page: 4 of 15 541533.3 CpMALC `Sara J Fisher Easle, CO 370 R 76.00 0/10DZ0 0010:39p1 fortieth (40th) day after the effective date of the final ordinance approving annexation of the Property. (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 -I 13(2)(b) of the Annexation Act. 18. 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, 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 -day of 2002. Sisnatuues 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-Is-zoo?: Mailing Address: . P.O. BOX 640 Vail, Colorado 81658 Atta. William J. Post, Esq. Resident of the Property? NO 809978 Page: 5 of 15 5415113 CAMALC Sara J Fisher Earle, CO 370 R 76.00 0/10/D 000010 39p EDINBURGH. CORPORATION, a Texas Corporation Bv: C. b ichael owes, President Date of Sisnature: c. o~ . . Mailing Address: Preen Silverman Green. & Egle PC 1401 1 T~ Stmt, Suite S00 Denver, Colorado. $0202 Attn: Robert L: Preeo, Esq. Resident of the' Property? NO 541553.3 CAMALC 809978 Page: 6 of 15 - 10/10/2002 10:39A Sara J Fisher Eagle, CO 370 _R 76.00 _ D 0.00 MARGARET BEYER, personal representative for the Estate of Jeanette L. Nottingham- Wa JEANETTE NOTTINGHAM, deceased By: Mar&=4/eyer Date of Signature:. 0 D Mailing,_Address• Mehl & Swam 1924 West Street . Redding, California 96001-1793 Attn: William L. MbA, Esq. Resident of the Property? NO $41553.3 CAMALC 809978 Page: 7 of 15 1 10/10/2002 10:39A `Sara J Fisher Eagle, CO 3' R 76.00 D 0.00 j 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 we 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'S5"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, a/k/a 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 comer 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, S50°51'55"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. 809978 11111 ~~l hill 1111111 Page: 8 of 15 10/10/2002 10:39A Sara J Fisher Eagle: CO 370 R 76.00 D 0.00 5415$3.3 CAMALC A-1 10 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 comer of said Lot 2; thence the following three courses along the northwesterly line of said Lot 2: (1) N60052'49"E 101.94 feet; (2) 149.40 feet along the arc of a curve to the right, having a radius of 500.00 feet, a central angle of 17°07'12", and a chord that bears N69°26'25"E 148.85 feet; (3) N780001011E 37.70 feet to the most northerly comer 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°51'55"W .84.85:; feet;. thence,sS34°42'51"E--0.82 feet; thence 16.25 feet along the arc of a curve to the right, having 't 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 S57054701"W 23.21 feet; thence S5005 1'55-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°4T01"W 6.22 feet to the southwesterly line of said Lot 2; thence the following two courses along said southwesterly line: (1) N60025'20"W 53.87 feet; (2) N47959'03"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 Apii124 2002, in Case No. 01-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.-79 feet; (2) S60025'20"E 53.87 feet; thence, departing. said northeasterly line, 11.11 feet along the arc of a: curve to the left, having a radius of 164.75 feet, a central angle of 03,651'47", and a chord that bears S46°46' 13"W. 11.11 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:37°33' 10", and a chord that bears S266 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 $039?$ Page: 9 of 15 5415531 CAMALC 10/10/2002 10:39A Sara J Fisher Eagle, CO 370 R 76.00 D 0.00 wide Access Easement; thence, departing said southwesterly line, N60053'00"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 319 at Page 186 in the office of the Eagle County, Colorado, Clerk and Recorder, described as follows: Beginning at the most northerly corner of an existing 60 foot wide Access Easement as shown oii said (Corrected) Final Plat - Condominium Map SUN RIVER CONDOMIlVIUMS; thence, along the northwesterly line of said 60 foot wide Access Easement,. S60°53'00"VV 79.05 feet; thence, departing said northwesterly line, N25-21"46- E 17.60 feet; thence N6005324"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. 809978 111111111111111111111111111111111111111111111111 Page: 11 of 15 10/10/2002 10:39A Sara J Fisher Eagle, CO 370 R 76.00 D 0.00 501551.3 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. lator STATE OF COLORADO ) )ss. COUNTY OF EAGLE ) The foregoing AFFIDAVIT OF CIRCULATOR was subscribed and sworn to before me this 26'" ,day_ of April. 2002, by Shane Bohart. Witness, my hand and official seal. My commission expires: 12/8/2004. 809978 Page: 12 of 15 /2002 0.0010:39A Sara J Fisher Eagle, CO 370 R 76.00 0100 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 C.:9 i ) )ss COUNTY OF ) The foregoin AFFIDAVIT OF CIRCULATOR, was subscribed and, sworn to before me this 16 day of 2002, by Witness my hand and official seal. My commission expires: W1WAa1. ,4 ~KO r _ Conun.11216850 wauc•cru~oeMU , ~ WTAV Notary Public 809978 Page: 13 of 15 10/10/2002 10:39A Sara J Fisher Eagle, CO 370 R 76.00 D 0.00 541553.3 CAMALC B-2 STATE OF COLORADO ) COUNTY OF EAGLE ) SS TOWN OF AVON NOTICE IS HEREBY GIVEN OF A PUBLIC HEARING BEFORE THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO AT 5:30 P.M. ON THE 9'H DAY OF JULY 2002, AT THE TOWN OF AVON MUNICIPAL BUILDING FOR THE PURPOSE OF CONSIDERING THE ADOPTION OF ORDINANCE NO. 02-09, SERIES OF 2002: An Ordinance Concerning the Annexation to the Town of Avon, Colorado, of Certain Property as described in the Post Boulevard Right of Way Petition for Annexation A copy of said Ordinance is attached hereto, and is also on file at the office of the Town Clerk, and may be inspected during regular business hours. Following this hearing, the Council may consider final passage of this Ordinance. This notice is given and posted by order of the Town Council of the Town of Avon, Colorado Dated this 7th day of TOWN OF AVON, COLORADO BY: a„tl ~aq Mc envy To rk POSTED AT THE FOLLOWING PUBLIC PLACES WITHIN THE TOWN OF AVON ON JUNE 7, 2002: AVON MUNICIPAL BUILDING, MAIN LOBBY ALPINE BANK, MAIN LOBBY AVON RECREATION CENTER, MAIN LOBBY CITY MARKET, MAIN LOBBY 1111111111 I II 111111 IIII1111111 8099x°.8a Sara J Fisher Eagle, CO 370 R 76. 00 D 0. 00 STATE OF COLORADO ) . COUNTY OF EAGLE ) SS TOWN OF AVON ) NOTICE IS HEREBY GIVEN THAT A PUBLIC HEARING BEFORE THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO WAS HELD AT 5:30 P.M. ON THE 9'n" DAY OF JULY 2002, AT.THE TOWN OF AVON MUNICIPAL BUILDING FOR THE PURPOSE OF CONSIDERING THE ADOPTION OF ORDINANCE NO. 02-09, SERIES OF 2002: AN ORDINANCE CONCERNING THE ANNEXATION TO THE TOWN OF AVON, COLORADO, OF CERTAIN PROPERTY AS DESCRIBED.IN THE POST BOULEVARD PUBLIC RIGHT OF WAY PETITION FOR ANNEXATION A copy of said Ordinance is attached hereto, and is also on file at the office of the Town Clerk, and may be inspected during regular business hours. The Council approved this Ordinance. This notice is given and posted by order of the Town Council of the Town of Avon, Colorado Dated this 10th X18 OF TOWN OF AVON, COLORADO S E A T,BY: Celia Fenton, Deputy `Cp~'jj A®p Town Clerk POSTED AT THE FOLLOWING PUBLIC PLACES WITHIN THE TOWN OF AVON ON JULY 10, 2002: AVON MUNICIPAL BUILDING, MAIN LOBBY ALPINE BANK, MAIN LOBBY AVON RECREATION CENTER, MAIN LOBBY CITY MARKET, MAIN LOBBY 809978 Page: 15 of 15 Sara 1 Fisher Eagle, Co 370 R 76.00 0/10%20 0010:39] t, .o & 0, RESOLUTION NO. 02-27 SERIES OF 2002 A RESOLUTION OF THE TOWN. OF AVON,SETTING FORTH FINDINGS OF FACT AND CONCLUSIONS REGARDING THE ANNEXATION OF CERTAIN.PROPERTY AS DESCRIBED IN THE POST BOULEVARD PUBLIC RIGHT OF WAY PETITION FOR ANNEXATION WHEREAS, annexation proceedings were heretofore initiated by the filing on May 10, 2002 of the Post Boulevard Public Right of Way Petition for Annexation (the "Petition's for a portion of certain property located in Eagle County, Colorado, and described on Exhibit A attached hereto (the "Annexation Property"); and WHEREAS, at a meeting on the 28th day of May, 2002, the Town Council passed and adopted Resolution No. 02-21 finding substantial compliance of Petition, and setting a hearing to. determine if the proposed annexation complies with Sections 31-12-104 and 31-12-105, C.R.S., and is eligible for annexation to the Town; and WHEREAS, following notice given as required by law, the Town Council has held a hearing on said. annexation; NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO THAT: . Section 1. The Town Council hereby finds that Petition complies with the provisions of Section 31-12-107, C.R.S. Section 2. The Town Council hereby finds that, with respect to Petition, the, requirements of Article II, -Section 30 of the Colorado Constitution. and of the applicable parts of Sections 31-12-104 and 31-12-105, C.R.S., have been met. Section 4. The Town Council hereby finds that no additional terms and conditions are to be imposed upon annexation of that Annexation Property included in the Petition. Section 5. The Town Council hereby finds that an election is not required under . Sections 31-12-107(2) or 31-12-112(1), C.R.S. Section 6. The Town Council hereby finds that notice was given and a hearing was held regarding the annexation in accordance with the requirements of Sections 31-12-108 and. 31-12-109, C.R.S.; as applicable. Section 7. The Town Council concludes that the Annexation Property included in Petition is eligible for annexation to the Town of Avon. PM .f PASSED AND ADOPTED at a regular meeting of the, Town Council of the Town of Avon held this day of , 2002. Judy Yoder Mayor of the Town of Avon, Colorado ATTEST: Patty McKenny Town Clerk I CAMALC 06/27/02 346 PM Me-, .0 Ta Honorable Mayor and Town Council Thnx Bill Efting, Town Manager From Ruth Borne, Director of Community Development DaW July 5, 2002 Resolution; 02-27, Series of 2002 a Resolution of the Town of Avon Re: Setting Forth Findings of Fact and Conclusions Regarding the Annexation of Certain Property as Described in the Post Boulevard Public Right of Way Petition for Annexation Summary Resolution 02-27, Series, of 2002 is designed to determine that the Colorado Revised Statues have been complied with regarding eligibility for annexation and other statutory requirements in the Petition for Annexation ("Petition") filed by Traer Creek Metropolitan District,, Edinburgh Corporation, and Margaret Beyer, Personal Representative for the Estate of Jeanette L. Nottingham a/ka/ Jeanette Nottingham for the Post Boulevard Public Right of Way. Recommendation Staff recommends Town Council approve Resolution 02-27, Series of 2002 Setting Forth Findings of Fact and Conclusions Regarding the Annexation of Certain Property as Described in the Post Boulevard Public Right of Way Petition for Annexation Proposed Motion "I move to approve Resolution 02-27, Series of 2002, A Resolution of the Town of Avon Setting Forth Findings of Fact and Conclusions Regarding the Annexation of Certain Property as Described in the Post Boulevard Public Right of Way Petition for Annexation." Town Manager Comments Attachments: Resolution 02-27, Series of 2002 Memo to Town Council, July 5, 2002 Ordinance 02-9, Annexation for Post Blvd. Page 1 of 1 t j PETITION FOR ACTION 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 12, Tide 31, Colorado, Revised Statutes, as amended and as in effect on the submission date set forth below `Annexation Act's; hereby petition ("Petition') the Town Council of the Town of Avon, Colorado ("Council'), to annex to the Town of Avon (`-`To3 the unincorporated territory located in the County of Eagle, State of Colorndo,- which property . is .more particularly described in Exhibit A attached hereto and incorporated.herein by reference ("Propertv'1. In support of this Petition, Petitioners allege that: 1. It is desirable and necessary that the Properly,be,annexed to the Town. 2. The requirement4.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 Petitioners comprise more than fifty percent (50%) of the landowners, in the `Property owning more than fatty 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%0) , 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. 541351.3 CAMALC lj _ 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 .Properly, 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) ages. or more -and together, with buildings and improvements situate thereon having a valuation for assessment in excess of $200,000.00 foi 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 A. 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 541555.3 CAMALC fortieth (40th) day after the effective date of the final ordinance approving annexation of the Property. (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 terms Nand 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 of the Annexation Act, Petitioners request, that no l. 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 -AZday of 2002. Sianaturps of Petitioners: TRAER CREEK METROPOLITAN DISTRICT, a Colorado Special District formed pursuant to C-.RS. § 32-1-101 et.seq: and a governmental subdivision of the State of Colorado By:' William J Post, 66ni t Date of signature: 4-is-z oz. Mailine Address: P. O. Box 640 Vail, Colorado 81658 Attn: William J. Post, Esq. Resident of the Property? NO 541SSI.) CAMALC 3 EDINBURGH CORPORATION, a Texas corporation By: C. Afichael owen, President Date of Signature: L Mailing Address: Preen Silverman Green. & Egle PC 1401 17'b Strom, Suite 800 Denver, Colorado 50202 Attu Robert L. Preen, Esq. Resident of the Property? NO 501557.3 CAMALC l MARGARET BEYER, personal representative for the Estate of Jeanette L. Nottiaghaza, a/k/a JEANET17E NOTTINGHAM, deceased. By . Date of Si tore: c©--0 Mailing Address:. . Meek & Swartz, P.C. 1824 West Street Redding, California 96001.1793 Atta: William L. Meek, Esq. Resident of the Property? NO . 3415531 CAMALC 5 EXHIBIT A TO PETITION FOR ANNEXATION Legal Description of the Property 1. Name of Petitioner: EDINBURGH CORPORATION, a Texas Corporation PAR That part of Lot 6, 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, 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 93.40 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, N50051'55"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 Petiti oner. 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 comer 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. 541553-3 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), N60052149"E 101.94 feet; (2) 149.40 feet along the arc of 'a curve to the right, having a radius of 500.00 feet, a central angle of 17°07'12", and a chord that bears N69026'25"E 148.85 feet; (3) N781000101"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'V 13.84 feet; thence, departing said common line, S50°51755"W 84.85 feet; thence S34042'S1'T 0.82 feet; thence 1625 feet along the arc, of a curve to the right, having a radius of 105.25 Beet, a central angle of 08050'45", and a chord that bears S60030'44"W 1613 feet; thence 23.27 feet along the arc of a curve to the let. having a radius of 94.75 feel, a, central angle of 14°04'12", and a chord that. bears, S5r54'01' W 23.21 feet; thence S5005 1'55"W 109.16 feet, thence 6.22 feet along the arc of a curve to: the :left, having a radius of 164.75 fcet, a central angle of. 02°09.'48", and a chord, that bears.. S419047'01 -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), N47059'03"W 37.01' feet to the point of beginning; containing :14796 square feet, more or less. 3. Name of Petitioner: TRAER CREEK METROPOLITANDLSTRICT; as the . condemning :authority in legal possession pursuant to the Order of Possession entered on April 24, 2002, in Case No. 01-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 CONDOMUVIUMS: (1) S47°59'03"E 36.78.feet; (2) S60025'20"E 53.87 feet; thence, departing said northeasterly line, 11.11 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 S46°46' 13"W 11.11 feet; thence 30.80 feetalong the arc of a curve to the left, having a radius of 47.00 feet, a central angle of 37°33',10", 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 541557.3 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 CONDOMMINIUMS 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 corner of an existing 60 foot wide Access Easement as shown on said (Corrected) Final Plat - Condominium Map SUN RIVER CONDOMMIUMS; 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. 541553.3 CAMALC A-3 i Or 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. . i - lator STATE OF COLORADO ) )ss. COUNTY OF EAGLE ) The.foregoing AFFIDAVIT OF CIRCULATOR was subscribed. and sworn to before me this 2e day of April' 2002, by Shane Bohai. 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 / 0 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 OF63,1, ) ) ss. COUNTY OF ) The foregoing AFFIDAVIT OF CIRCULATOR was. subscribed and sworn to before me this la day of ,4G e; 2002, by A,&,aa- D :z~& /aeaw Witness my hand and official seal. My commission expires: 1uiWAY 4 Comes.112161~0 muc•auwea Notary Public 541551.7 CAMALC B-2