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TC Res. No. 2008-16 Finding substantial compliance for a petition for annexation filed with the town of avonTOWN OF AVON, COLORADO RESOLUTION NO. 08-16 SERIES OF 2008 A RESOLUTION FINDING SUBSTANTIAL COMPLIANCE FOR A PETITION FOR ANNEXATION FILED WITH THE TOWN OF AVON, COLORADO, KNOWN AS THE . RED HOUSE LOTS 1 AND 2 ANNEXATION, AND SETTING A PUBLIC HEARING THEREON WHEREAS, a petition for annexation ("Petition") of certain property as more particularly described in Exhibit A attached hereto and incorporated herein by this reference (the "Property,') to be known as the Red House Lots 1 and 2 Annexation has been filed with the Clerk of the Town of Avon; Colorado ("Town"), and referred to the Town Council for a determination of substantial compliance with C.R.S. § 31-12-107(1); and WHEREAS, the Town Council has reviewed the Petition and desires to adopt by resolution its findings. in regard to the Petition. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL: Section 1. The Petition is in substantial compliance with C.R.S. § 31-12-107(1). Section 2. No election is required under C.R.S. § 31-12-107(2). Section 3. No additional terms and conditions are expected to be imposed except as provided in the Petition and in an annexation and development agreement to be entered into by the Town and the petitioner, which are not to be considered additional terms and conditions within the meaning of C.R.S. § 31-12-112. Section 4. On Tuesday, June 24, 2008 at 5:30 p.m. at the Avon Municipal Building, 400 Benchmark Road, Avon, Colorado, the.Town Council will hold a public hearing for the purpose of determining if the proposed annexation complies with C.R.S. 3142-104 and -105 or such parts thereof that may be required to establish eligibility under the terms of C.R.S. § 31-12-108(1). Section 5. The Town Council may hold one or more subsequent public hearings to consider the annexation of the Property to the Town and the zoning and subdivision of the Property. Section 6. Any person may appear at such hearings and present evidence relative to the eligibility of the. proposed annexation, the proposed annexation, =the proposed zoning. and the proposed subdivision. .Section 7. Upon completion of the hearing(s) set forth in Section 5, above, the Town Council will set forth its findings and conclusions with reference to the eligibility of the proposed annexation and whether the statutory requirements for the proposed annexation have been met. 001024052\BUS_RE\ 1661164.2 EXHIBIT A LEGAL DESCRIPTION Red House Lots 1 and 2 Annexation Lots 1 and 2, Exemption. Plat of Red House, County of Eagle, State of Colorado, recorded on November 7, 2000 in the Office of the Eagle County Clerk and Recorder at Reception No. 743459, and described on said Exemption Plat as follows: Beginning at a found 3 '/2" aluminum cap stamped "LS 26626" in a plastic monument well marking the center 1/4 corner of said Section 12; thence along the East right-of-way line of Avon Road NI 3'42'50"E, a distance of 95.60 feet to the south corner of Parcel TK-14 as recorded under Reception No. 521717,.Public Records of Eagle County, Colorado; thence along the East boundary of said Parcel TK-14 the following two (2) courses and distances: 1). N20053'28"E, 79:00 feet; 2). NO1 022'56"E; 46.30 feet to intersect the approximate centerline of the Eagle River; thence along said centerline the following two (2) courses and distances: 1). S82010'14"E, 128.67 feet;' 2). S36°53'40"E 249.27 feet to intersect the North line of the Northwest 1/4 of the Southeast 1/4 of said Section 12; thence along said line N89° 19'1 O"W, a distance of 87.88 feet to intersect the approximate centerline of Beaver Creek; thence along said centerline the following four (4) courses and distances: 1). S 17°01'48"W, 10.80 feet; 2). S13011'2T'W, 54.50 feet; 3). S50°52'01"W, 24.11 feet; 4). S64°45'05"W, 38.94 feet to intersect the Northerly right-of--way line of U.S. Highway No. 6; thence 180.19 feet along said right-of-way line and the arc of a curve to the left having a, radius of 3870.00' a central angle of 02°40'04", a chord bearing of N72°40'26"W and a cord length of 180.17' to intersect the West line of the Southeast 1/4 of said Section 12; thence along said line N00026'3T'E,.a distance of 44.42 feet to the Point of Beginning and containing 1.4410 acres, more or less.' Exhibit A-1 001024052\BUS_RE\ 1661164.2 Section 8. If the Town Council concludes that all statutory requirements have been met and that the proposed annexation is proper under the applicable laws of-the State of Colorado; the Town Council may pass one or more ordinances or other measures annexing the Property to the Town and zoning and subdividing the Property. INTRODUCED, READ, and ADOPTED this 13"' d May, 2008. - OF - - N Ronald C. Wolfe Mayor' ATTEST- S E A : y Pa=d~eV To001024052\BUS_RE\ 1661164.2 2 i memo C O L O R A D O To: Honorable Mayor and Town Council Thru: Larry Brooks, Town Manager From: Eric Heidemann, AICP, Assistant Town Manager. Date: May 13, 2008 Meeting Re:.. Red House Annexation - Substantial Compliance Resolution Summary: The Vail Corporation has submitted an annexation Petition for property known as the Red House Lots 1 and 2 Annexation. This is a 1.44 acre parcel of land located on. the northeast comer of Highway 6 and Avon Road. The first step in the annexation process is for the Town. Council to accept the Petition and make a finding that the Petition is in substantial compliance with the requirements of C.R.S. §.31-12-107(l). The adoption of this Resolution also • schedules.a public.hearing which, following publication of notice.in the paperfor four consecutive weeks, prior to the hearing, allows the Council to have a public hearing to determine if the proposed annexation meets additional requirements of state law. It is expected that, following the hearing and adoption of the Resolution finding substantial compliance, a zoning and subdivision application will be filed .and an annexation and development agreement will be negotiated. We are working with the applicant to develop • a. more ' detailed timeline of this process . which will likely conclude in the early-fall. The Petition has been reviewed by staff and legal. counsel and meets the . requirements of the statute for the form of the Petition.. We recommend that-the Council approve the Resolution finding the Petition to be in substantial compliance with the.requirements of law and'schedule the hearing for June 24, 2008. Staff Recommendation: Staff, recommends the Council APPROVE Resolution No. 08-16 as written and attached hereto. Town Manager Comments: r Attachments: • - Resolution No. 08-16 - Petition for Annexation - Vicinity Map • U Resolution No. 08-16, Red House Annexation Town Council May 13, 2008 Regular Meeting 16 RESOLUTION NO. 08-16 • A RESOLUTION FINDING SUBSTANTIAL COMPLIANCE FOR A PETITION FOR ANNEXATION FILED WITH THE TOWN OF AVON, COLORADO, KNOWN AS THE RED HOUSE LOTS 1 AND 2 ANNEXATION; AND SETTING A PUBLIC HEARING THEREON. WHEREAS, a petition for annexation ("Petition") of certain property as more particularly described in Exhibit A attached hereto and incorporated herein by this reference (the "Property) to be known as the Red House Lots 1 and 2 Annexation has been filed with the Clerk of the Town'of Avon; Colorado ("Town" and referred to the Town `Council for a determination of substantial compliance with C.R.S. § 31 A 2-107(1); and WHEREAS; the Town Council has reviewed the Petition and !desires to adopt by'resolution its findings in regard to the Petition. NOW, THEREFORE; BE IT RESOLVED BY THE TOWN COUNCIL: Section 1.. The Petition is in substantial compliance with C.R.S. § 31-12-107(1). . Section 2. No election is required under C.R.S. § 31-12-107(2). Section 3. No additional terms and conditions are expected to be-imposed. except as provided in the Petition and in an annexation and development agreement to be entered into by the Town. and, the petitioner, which are not to be considered additionalterms . and, conditions within the meaning of C.R.S. § 31-12-112. . Seection4. On Berichrri Road AvonTuesday, June 24, 2008 at 5:30 p.m.. at the Avon Municipal Building, 400 , , Colorado, the Town Council will hold a public hearing for the purpose of determining if the proposed annexationcomplies with C.R.S. 31=12-104 and -105 or such parts thereof that may be required to establish eligibility under the terms of C.R.S. § 31-12-108(1). Section 5. The Town Council may hold one or more subsequent public hearings to consider the annexation of the Property to the Town and the zoning and subdivision of the Property. Section 6. Any person may appear at such hearings and present evidence relative to the eligibility. of the proposed annexation, the proposed annexation, the proposed zoning and the proposed subdivision. Section 7. Upon completion of.the hearing(s) set forth in Section 5, above, the Town Council will set forth its findings and conclusions with reference to the eligibility of the proposed annexation and whether the statutory requirements for the proposed annexation have been met. • 001024052BUS_RE11661164.2 EXHIBIT A LEGAL DESCRIPTION • Red House Lots 1 and 2 Annexation Lots 1 and 2, Exemption Plat of Red House, County of Eagle, State of Colorado, recorded on November 7, 2000 in the Office of the Eagle County Clerk and Recorder at Reception No. 743459, and described on said Exemption Plat as follows: Beginning at a found 3 !/2" aluminum cap stamped "LS 26626" in a plastic monument well marking the center'/ corner of said Section 12; thence along the East right-of-way line of Avon Road N13°42'50"E, a distance of 95.60 feet to the south comer of Parcel TK-14 as recorded under Reception No. 521717, Public Records of Eagle County, Colorado; thence along the East boundary of said Parcel TK-14 the following two (2) courses and distances: 1). N20°53'28"E, 79.00 feet; 2). NO1 °22'56"E, 46.30 feet to intersect the approximate centerline of the Eagle River; thence along said centerline the following two (2) courses and distances: 1). S82-10'14"E, 128.67 feet; 2). S36°53'40"E 249.27 feet to intersect the North line of the Northwest 1/ of the Southeast 1/ of said Section 12; thence along said line N89°19'10"W, a distance of 87.88 feet to intersect the approximate centerline of Beaver Creek; thence along said centerline the following four (4) courses and distances: 1). S 17°01'48"W, 10.80 feet; 2). S13°11'27"W, 54.50 feet; 3). S50°52'01"W, 24.11 feet; • 4). S64°45'05"W, 38.94 feet to intersect the Northerly right-of-way line of U.S. Highway No. 6; thence 180.19 feet along said right-of-way line and the arc of a curve to the left having a radius of 3870.00' a central angle of 02°40'04", a chord bearing of N72°40'26"W and a cord length of 180.17' to intersect the West line of the Southeast 1/ of said Section 12; thence along said line N00°26'3 7"E, a distance of 44.42 feet to the Point of Beginning and containing 1.4410 acres, more or less. Exhibit A-1 • 001024052\BUS_RE11661164.2 i RECEIVED L_J I N z 2003 PETMON FOR ANNEXATION REND HOUSE LOTS H AND 2 , CommL1hity ~~niopment TO THE TOWN COUNCH, OF THE TOWN OF AVON, CQLORAHDO: The undersigned ("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"), hereby petitions ("Petition") the Town Council of the, Town of Avon, Colorado ("Town 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 ("Property"). In support of this Petition, Petitioner alleges that: 1. It is desirable and necessary that the Property be annexed to the Town. • • The requirements of. Sections 31-12-104 and 31-12-105 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. There are, no adult residents of the Property and the Petitioner does not intend to devote the Property to agricultural use. .8. The Petitioner is the landowner of more than fifty percent (50%).of the Property, excluding public streets, and. alleys; arid . the Petitioner hereby consents to the' establishment of the boundaries of the Property as shown on the annexation plat submitted herewith. 9. The Petitioner is the owner of one hundred percent,(100%) of the Property within the meaning of.Section 31-12-107(1)(g) of the Annexation Act. 10.. In establishing the boundaries of the Property, no land which is held in identical ownership, whether consisting of one 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 810362.4 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. • 11. The Property is not presently a part of any incorporated city, city and county, or town; nor have any-proceedings been commenced for incorporation or annexation of an area that is part or all of the Property; nor has any election for annexation of the Property or substantially the same territory to the Town been held withinAlie twelve (12)' months immediately preceding the filing of this Petition. 12.-, The proposed annexation will not result in detachment of area from any school district or attachment of same to another school district. 13. The proposed annexation of the Property 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. 14.. 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. 15. If a portion of a platted street or alley is to be annexed, the entire width thereof is included within the Property. 16. The .legal description of the land owned by the Petitioner is set forth underneath the name of such Petitioner on Exhibit B, attached hereto and incorporated herein by this • reference. As more particularly described on Exhibit B; the land owned by Petitioner constitutes one hundred percent (100%) of the Property within the meaning of Section 31=12-107(1)(g) of the Annexation Act. 17. 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 ExhibitC and is incorporated herein by this reference. The mailing address of each signer is provided following such signature: 18. This. Petition is accompanied by four copies 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 `T'own abutting the Property and the contiguous boundary of any other municipality abutting the Property. 2 610362.4 19. In connecti on with the processing of this Petition; the -Petitioner requests that the • Town: (a) Commence proceedings to amend, its Comprehensive Plan and to institute zoning of the Property as a PUD, all 'in accordance with Section 31=12-115 of the Annexation Act and Title 17 of the Municipal Code of the Town; and (b) Approve and execute an annexation and development , agreement ("Annexation and Development Agreement") which establishes vested property rights for a site, spec ific development plan for the Property for an agreed upon term greater than three years pursuant to Article 68, Title 24, Colorado Revised Statutes, but not more than "five years pursuant to Title 17.of the Town's Municipal Code. 20. Petitioner has filed this Petition subject to the following conditions: (a) At the- same. hearing as and immediately following its approval of annexation of the Property, the Town Council approves, and such approvals become final and non-appealable, each of the following: (i) an amendment to the Town's Comprehensive Plan to be consistent with the proposed PUD zoning; (ii) PUD zoning which is substantially consistent with the application for PUD zoning which Petitioner submits in connection with this Petition; and (iii) the Annexation and Development Agreement. : (b) The annexation shall not become effective, and neither Petitioner nor the • Town shall file the annexation ordinance and map with the Eagle County Clerk and Recorder, until after: (i) the conditions set forth in clause (a) above have been satisfied; and (ii) the effective date of each resolution or ordinance approving the matters referenced in clause (a) above. 21. Upon .the annexation of the Property -becoming effective, and subject to the conditions set forth in this Petition and to 'be set forth in 'the Annexation and Development Agreement, the Property shall become subject to all ordinances, resolutions, rules and regulations of the Town, except a& otherwise set forth in the Annexation and Development Agreement. General property taxes of the Town shall become effective on January 1 of the next succeeding year following adoption of the annexation ordinance. 22. , Except for the terms and conditions of this Petition and of the Annexation and Development Agreement, which terms and conditions .Petitioner, expressly approves and therefore do not constitute an imposition of additional terms and conditions within the meaning of Section 31-12-107(1)(g) of the Annexation Act, Petitioner requests that no additional terms and conditions be imposed upon annexation of the Property to the Town. [Signature Page Follows This Page] • 810367-5 3 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 - . tH day of 2008.. . Signatufe of Landowner/Petitioner- THE VAIL CORPORATION, a Colorado corpori do By: Name: Keith'Femandez Title:. President & COO - VRD.C Date of Signature: _Nt t I_oe Mailing Address:.. " The Vail Corporation c/o Vail Resorts Development Company P.O. Box 7 Vail, Colorado 81658 0- 4 810362.4 Form: V id." . 7B!y: 1AURI LO. Dat e: • EXIRBIT A . TO PETITION FOR ANNEXATION Legal Description of Property Lots 1 and 2, Exemption Plat of Red House, County of Eagle, State of Colorado, recorded on November 7, 2000 in the Office of the Eagle County Clerk and Recorder at Reception No. 743459, and described on said Exemption Plat as follows: Beginning at a found 3 1/s" aluminum cap stamped "LS 26626" in a plastic monument well marking the center 1/4 comer of said Section 12; thence along the East right-of-way line of Avon Road NI 3'42'50"E, a distance of 95.60 feet to the south corner of Parcel TK-14 as recorded under Reception No. 521717, Public Records of Eagle County, Colorado; thence along the East boundary of said Parcel TK-14 the following two (2) courses and distances: 1). N20°53'28"E, 79.00 feet; 2). N01°22'56"E, 46.30 feet to intersect the approximate centerline of the Eagle River; thence along said centerline the following two (2) courses and distances: 1). S82°10'14"E, 128.67 feet; 2). S36°53'40"E 249.27 feet to intersect the North line of the Northwest 1/4 of the Southeast 1/4 of said Section 12; thence along said line N89° 19' 10"W, a distance of 87.88 feet to intersect the approximate centerline of Beaver Creek; thence along said centerline the following four (4) courses and distances: • 1). S17°01'48"W, 10.80 feet; 2). S13°11'27"W, 54.50 feet; 3). S50°52'01"W, 24.11 feet; 4). S64°45'05"W, 38.94 feet to intersect the Northerly right-of-way line of U.S. Highway No. 6; thence 180.19 feet along said right-of-way line and the arc of a curve to the left having a radius of 3870.00' a central angle of 02°40'04", a chord bearing of N72°40'26"W and a cord length of 180.17' to intersect the West line of the Southeast 1/4 of said Section 12; thence along said line N00°26'37"E, a distance of 44.42 feet to the Point of Beginning and containing 1.4410 acres, more or less. Exhibit A 810362.4 EXHIBIT B TO PETITION FOR ANNEXATION . Legal Description of Property Owned by Each Petitioner Name of Landowner/Petitioner: THE VAIL CORPORATION, a Colorado corporation Lots 1 and 2, Exemption Plat of Red House, County of Eagle, State of Colorado, recorded on November 7, 2000 in the Office of the Eagle County Clerk and Recorder at Reception No. 743459, and described on said Exemption Plat as follows: Beginning at a found 3 '/z" aluminum cap stamped "LS 26626" in a plastic monument well marking the center'/4 corner of said Section 12; thence along the East right-of-way line of Avon Road N1 3'42'50"E, a distance of 95.60 feet to the south corner of Parcel TK-14 as recorded under Reception No. 521717, Public Records of Eagle County, Colorado; thence along the East boundary of said Parcel TK-14 the following two (2) courses and distances: 1). N20°53'28"E, 79.00 feet; 2). NO1 °22'56"E, 46.30 feet to intersect the approximate centerline of the Eagle River; thence along said centerline the following two (2) courses and distances: 1). S82°10' 14"E, 128.67 feet; 2). S36°53'40"E 249.27 feet to intersect the North line of the Northwest % of the Southeast 1/4 of said Section 12; thence along said line N89° 19' 10"W, a distance of 87.88 feet to intersect the approximate centerline of Beaver Creek; thence along said centerline the following four (4) • courses and distances: 1). S17°01'48"W, 10.80 feet; 2). S13°11'27"W, 54.50 feet; 3). S50°52'01"W, 24.11 feet; 4). S64045'05"W, 38.94 feet to intersect the Northerly right-of-way line of U.S. Highway No. 6; thence 180.19 feet along said right-of-way line and the arc of a curve to the left having a radius of 3870.00' a central angle of 02°40'04", a chord bearing ofN72°40'26"W and a cord length of 180.17' to intersect the West line of the Southeast 1/4 of said Section 12; thence along said line N00°26'3T'E, a distance of 44.42 feet to the Point of Beginning and containing 1.4410 acres, more or less. • Exhibit B 810362.4 EXIMIT 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 (s)he was the circulator of the foregoing Petition for Annexation of lands to the Town of Avon, -consisting of 'six pages, excluding the page(s) of this Exhibit C, and that the signature of the petitioner thereon was witnessed by. the circulator and is the true and original signature of the person whose name it purports to be, and that the_ date of such- signature is correct. irculat STATE OF COLORADO ) ss. COUNTY OF - e ) The foregoing AFFIDAVIT., OF CIRCULATOR was subscribed and sworn to before me this day of 2069, by '7i a yAe.. - ma cc , i -e-1/O Witness `my hand and official seal. nq My commission expires: l • / t~. Notary Public , , Exhibit C 810762.4 a0 fell, P.i i ry Z W ~ CL 1,110 ,a dd_ Yf} - ~e y6d ea . .fd~go sd ~ea . if7 ~ i1E k scs ~~gl! xdd=lE ; 4if v! g~v 9ss e S gf gE sP aEfa ~a= sAll ~ nldx k s~ 8 E6 ~E~jS Ee= IP X65 d I~ i{ F3i~ a8 g 8 .2£ y dE S{2~gES ~ d=~ ~ f~~ 11 All R All I a i ns d fFp'~ hi " 1Y i1E t d' `#d ?lf~~e4 ~ ~Fhgn fd gl~fa.d dd d ~ .d e, l!~_~ js;d. g $ Is xd su'fEE li* ~ d ex s3. e~.xjB tg °6f 44~y:68~M¢( • ' 0 • • • N r~ W 1`1 =0 IL N N U=' Z 0 Z Z z E w ry 12 LLiJ7 i w .r ee ~a6 ~~%o ! N g 81 AA m N N 09 T 91 % § 9 r/ 1/ r ANN- JIB! /.i ° p 1.11.110 AYYIYZ xOpQ4Q011'"J,~.~ /l: ; : / A~SOS 33tJLO.1 •J. r tF OY°1 1OAY OYOtl Xq.Y ~ J~q W 6~ U ~ a ° r U a 65 U