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TC Res. No. 2002-28. RESOLUTION NO. 02-28 SERIES OF 2002 RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF AVON SETTING FORTH FINDINGS OF FACT AND CONCLUSIONS REGARDING THE ANNEXATION OF CERTAIN PROPERTY AS DESCRIBED AS THE LOT 6; MCGRADY ACRES PETITION FOR ANNEXATION WHEREAS, annexation proceedings were heretofore initiated by the filing on May 10, 2002 of the Lot 6, McGrady Acres 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 28th day of May, 2002, the Town Council passed and adopted Resolution No. 02-22 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. - 808989 Page: 6 of 17 10/02/2002 Sara II IAIM Fisagle, ~`~Wlu~I~IIN u~IN ~ x umn 0 0. 00 544252.1 CAMALC 07/3102 9:02 AM PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Avon held this C day of , 2002. Jud oder Mayor of the Town of Avon; Colorado 808989 10/02/2002 01:11P III hill III III 111~1 11111111 Page: 7 of 17 Sara J Fisher Eagle, CO 289 R 86.00 D 0.00 544252.1 CAMALC 07/3/02 9:02 AM PETITION FOR ANNEXATION TO THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO: EDINBURGH CORPORATION ("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 ("Amiexation Act'), hereby petitions ("Petition's the Town Council of the Town of Avon, Colorado ("CounciP), to annex to the Town of Avon C own')'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 ___p~. 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 (50016) of the landowners in. the Property owning more than fifty percent (50°/a) 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. Y111111111111111111111111111111111111111111111 IuII88989 ~21. Sara J Fisher Eagle, Co 289 R 86. 00 D 0. 00 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, mad, 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 thelandowner 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 a the name of Petitioner on Exhibit B. attached hereto and incorporated herein by this reference. Cn m m 15. The affidavit of the circulator of this Petition certifying that each signature on this CO a m Petition is the signature of the person whose name it purports to be and ~ ~ N m certifying the accuracy of N o the date of such signature is attached hereto as Exhibit C and is incorporated herein by this © m m reference. CO CL IS! 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; m ~ N (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 ~W . y (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 -113(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 terns and conditions Petitioners expressly approve and therefore do not constitute an imposition of additi onal terms ind 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 /Vday -of . MAY 2002. Signatures of Landowner/Petitioner: II lu III Y~A~IIVIII~III III II 8089.°.9.'..• Sara J Fisher Easle, CO 289 R 86. 00 D 0.00 EDINBURGH CORPORATION By-C. WC B 31 ent By N e: C. chael Bowen Title: President Date of Signature: 9 to Z Mailing Address: P.O. Box 3901 Avon, CO 81620 Attn: C. Michael Bowen. Resident of the Property? NO IINIn~IV~ININ~VIVCo 289 R ~n~lnllll~lll~l~lw808~'89 17 Sara J EXHIBIT A TO PETITION FOR ANNEXATION Legal Description of the Property Lot 6, McCrady 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 comer of said Lot 6; thence the following three courses along the southeasterly line of said Lot 6; (1) 19.13 feet along the are 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. Page: 12 89imllRinl 80898».'... EXIMIT B TO PETITION FOR ANNEXATION Legal Description of Property Owned by Petitioner Name of Landowner/Petitioner: EDINBURGH CORPORATION Lot 6, McCrady 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. IININ,~II~IIN~InIIIIININ~hIIIII~IIIIIInINB^~898'~„,,. Sara .0 EXHIBIT C TO PETITION FOR ANNEXATION Affidavit of Circulator The undersigned, being of lawfid 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 I 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 the date s~ is correct. Circulator STATE OF COLORADO ) ) ss. COUNTY OF EAGLE ) The foregoing AFFIDAVIT OF CIRCULATOR was b cubed and sworn to before me this 9 day of 2002, by PVin/ Witness my hand and official seal. _ _ _ My commission expires: 89,,,,. 1111111111111111111111111111111111111111111111111111111 80814 of Sara J Fisher Eagle, CO 289 R 86. 00 D 0. 00 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 X08!98 1 Page: 15 of 17 10/02/2002 01:11P. Sara J Fisher Eagle, CO 289 R 86.00 D 0.00 , 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 9THDAY OF JULY 2002, AT THE TOWN .OF AVON MUNICIPAL 'BUILDING FOR THE PURPOSE OF CONSIDERING THE ADOPTION OF ORDINANCE NO. 02-10, SERIES OF 2002: An Ordinance Concerning the Annexation to the Town of Avon, Colorado, of Certain property as described as Lot 6, McGrady Acres; 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 June, 2002.. TOWN OF AVON, COLORADO % jt C i 1s 1' BY: K~:::, ri Pa M enny erk POSTED AT THE FOLLOWIN6"f%-%V-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 808989 Page: 16 of 17 Sara J Fisher Eagle; CO 289 R 86.00 0/@2D20.00 1.I1P 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'$ DAY OF JULY 2002, AT THE TOWN OF AVON MUNICIPAL BUILDING FOR THE PURPOSE OF CONSIDERING THEAADOPTION OF ORDINANCE NO. 02-10, SERIES OF 2002: AN ORDINANCE CONCERNING THE ANNEXATION TO THE TOWN OF AVON, COLORADO, OF CERTAIN PROPERTY AS DESCRIBED IN THE LOT 6. MCGRADY ACRES SUBDIVSION 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 11 th day o 00: ~o~~ OF qd® ~ a sHJ A BRA, POSTED AT THE FOLLO JULY 11, 2002: TOWN OF AVON, COLORADO BY: Celia Fenton,,Deputy Town Clerk PUBLIC PLACES WITHIN THE TOWN OF AVON ON AVON MUNICIPAL BUILDING, MAIN LOBBY ALPINE BANK, MAIN LOBBY AVON RECREATION CENTER, ,MAIN LOBBY CITY MARKET, MAIN LOBBY Illu III IYI~ AIN ~ IIII Rlp ~ IIII I~ II 8089we` e9 11. Sara J Fisher Eagle, CO 289 R 86. 00 D 0.00 RESOLUTION NO. 02-28; SERIES OF 2002 RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF AVON SETTING FORTH .FINDINGS ' OF FACT -AND -CONCLUSIONS REGARDING THE ANNEXATION OF CERTAIN PROPERTY AS DESCRIBED AS THE LOT 69 MCGRADY ACRES PETITION FOR ANNEXATION WHEREAS, annexation proceedings were heretofore initiated by the. filing on May 10, 2002 of the Lot 6, McGrady Acres 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`h day of May, 2002, the Town Council passed and adopted Resolution No. 02-22 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 bylaw, 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. Seciion4. 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. " 544252.1 CAMALC 07/3/02 9:02 AM 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 546252.1 CAMALC 07/3/02 9:02 AM Memo To: Honorable Mayor and Town Council Ttvu: Bill Efting, Town Manager Front Ruth Bome, Director of Community Development ~s----~ Ddb July 5, 2002 Re: Resolution _02 28;. 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 Lot 6, McGrady Acres Petition for Petition for Annexation Summary Resolution 02-28, Series of 2002, is designed to determine that the Colorado Revised Statues have been complied with regarding eligibility for annexation and other statutory requirements contained in the Petition for Annexation filed by Edinburgh Corporation. Recommendation Staff recommends Town Council approve Resolution 02-28, Series of 2002 Setting Forth Findings of Fact and Conclusions Regarding the Annexation of Certain Property as Described in the Lot 6, McGrady Acres Petition for Annexation Proposed Motion "I move to approve Resolution 02-28, 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 Lot 6, McGrady Acres Petition for Annexation." Town Manager Comments Attachments: Resolution 02-28, Series of 2002 Memo to Town Council, July 5, 2002 Page 1 of 1 Ordinance 02-9, Annexation for Post Blvd. PETITION FOR ANNEXATION TO THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO: EDINBURGH CORPORATION Tetitio C nea"), 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 (`Tetition')the Town Council of the Town of Avon, Colorado our to annex to the Town of Avon ("Tom +n') 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 CT%gertv'~. lh support of this Petition, ,Petitioners allege,that: 1. It is desirable and necessary that the Property be ammexed 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 theTown's.cuurent 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 (50%) of the landowners in: the Property owning more than fifty percent (50°/a) of the Property, excluding public streets, and alleys and any land owned bythe 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 peat 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 (501%o) of which are within the three (3) mile, limit, the proposed annexation will not extend the municipal boundaryy of the Town more than three (3) miles in any direction from any point of the current municipal boundary. A 11. The proposed annexation will not result in the denial of reasonable access to any landowner, owner of an easement, or owner of a fianchise adjoining a platted. street or alley which has been annexed by the Townbut 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 irrto 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 rand 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 Petition 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 certifyingthat each signature on this Petition is the signature of the persoa whose name it purports to be and certifying the accuracy of the date of such signature is attached hereto as Exhibit 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. IT 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 A 15 of the Annexation Act 18. Petitioner has filed this Petition subject to the following conditions: ~t (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 fmal 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 a1brmal 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 -113(2)(b) of the Annexation Act. 19. Upon the annexation of the Property becoming effective, and subject to the conditions set forth in thus 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 terns. and conditions Petitioners expressly approve and therefore do not constitute an imposition of additional terms and. conditions within the meaning of Section -107(1)(8) . 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 day-of : MAY 2002. Sigmatures of Landowner/Petitioner: EDINBURGH CORPORATION By:C. MI B ent my. N e: C. chael Bowen Title: President Date of Signature: ® 2019 Z Mailing-Address: . ' P.O. Box _3901_ Avon, CO 81620 Attn: C. Michael Bowen. Resident of the Property? NO 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,'M' the .office of the Eagle County, Colorado, Clerk- and Recorder, EXCEPT that portion- 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°5236"W 19.1.3 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" H 45.70 feet; thence 60.15 feet along the arc of a curve, to the left, having a radius of 697.62 feel, a central angle of 04°56123", and a chord - that bears N49° 14'O 1 "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. EXHIBIT B TO PETITION FOR ANNEXATION Legal Description of Property Owned by Peddoner 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 S76052'36"W 19.13 feet; (2) S78000'01 "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 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 0405623", and a chord that bears N49°14'01"E 60.13 feet to the northeasterly line of said Lot 6; thence S5r59'05"E 69.88 feet, along said northeasterly line, to the point of beginning, containing 3425 square feet, more or less. 1 E HIBI1 C " 'TO PETMONFOR 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 Tows of Avon; consisting of 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 the date of su simiature is correct' i~ Circulator STATE OF COLORADO ) ) ss. COUNTY OF EAGLE ) The foregoing AFFIDAVIT OF CIRCULATOR was b cn'bed and sworn to before me this. day of tffka 2002, by ~ Witness my hand, and official seal. My commission expires: went- 6~r ~A- Armos LIST OF SPECIAL DISTRICTS AND SCHOOL DISTRICTS School District: Eagle County RE50J Special Districts: Colorado Mountain College Eagle River Waxer and Sanitation Colorado River Water Conservation Upper Eagle Valley Consolidated. Sanitation Eagle Valley Library Eagle County Health Services Eagle River Fire Protection 1