TC Res. No. 2012-28 Final Plat Village at Avon Filing 4TOWN OF AVON
RESOLUTION NO. 12 -28
Series of 2012
A RESOLUTION APPROVING THE FINAL PLAT, THE
VILLAGE (AT AVON) FILING 4
WHEREAS, on October 7, 2011 the Town of Avon and other parties entered into the Settlement
Term Sheet ( "Settlement Term Sheet ") in an effort to resolve pending litigation Nos. 2008 CV
385 and 2010 CV 316, Eagle County District Court;
WHEREAS, the Settlement Term Sheet set forth terms concerning the financing and
construction of the Traer Creek Water Storage Tank, and the Town of Avon, Traer Creek -RP
LLC and the Upper Eagle River Water Authority desire the fee conveyance of the site for the
water storage tank to the Upper Eagle River Water Authority;
WHEREAS, the Traer Creek -RP LLC submitted a minor subdivision application 'for the Final
Plat, The Village (at Avon) Filing 4, a Parcel of Land in Section 8, T5S, R81 W, 6' PM, Town of
Avon, Eagle County, Colorado ( "Water Tank Site Final Plat ");
WHEREAS, the Avon Town Council held a public hearing for the Water Tank Site Final Plat
on December 11, 2012, after posting notice as required by law and considered all comments,
testimony, evidence and staff reports provided by the Town staff prior to taking any action on the
Water Tank Site Final Plat application;
WHEREAS, the Avon Town Council finds the Water Tank Site Final Plat to be in conformance
with the review criteria in Sections 7.16.070(e) Preliminary Plat Review Criteria and
7.16.070(f), Final Plat Review Criteria, of the Avon Municipal Code;
WHEREAS, the Avon Town Council approved the Receipt and Escrow Agreement Pertaining
to The Village (at Avon) Settlement Implementation by Ordinance No. 12 -10 which set forth
various terms concerning the execution and deposit of documents and agreements into escrow
and the effectiveness or voiding of such documents and agreements; and,
WHEREAS, approval of this Resolution shall constitute the final action of the Town of Avon in
accordance with Section 7.16.020(f)(5) with regard to the review and approval of the Water Tank
Site Final Plat for the purposes of any appeal of the decision of the Avon Town Council.
NOW, THEREFORE BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN
OF AVON, that the Water Tank Site Final Plat, attached hereto as Exhibit A, is hereby approved
by the Town of Avon subject to the terms and conditions of the Receipt and Escrow Agreement
Pertaining to The Village (at Avon) Settlement Implementation, and that the Mayor, Town
Manager, Town Attorney and Town Engineer are hereby authorized to collectively review and
approve the completion of blanks in the document, revisions to correct typos, grammatical errors,
cross - references and definitions, completion or revision of exhibits, and other revisions to the
Water Tank Site Final Plat and exhibits which do not constitute substantive changes to the Water
Res. 12 -28 Approving Traer Creek Water Tank Site Final Plat
12 -12 -08 FINAL
Page 1 of 2
Tank Site Final Plat, to review and approve the title and determine which title insurance
exceptions are acceptable, and to determine and approve the order and sequence of recording the
Water Tank Site Final Plat in relationship to other documents which may affect title.
ADOPTED DECEMBER 11, 2012
TOWN COUNCIL
By:
Rich Carroll, Mayor
APPROVED AS TO FORM:
, rjoAr
Me- ZZ
ATTEST:
B (�l By:
Res. 12 -28 Approving Traer Creek Water Tank Site Final Plat
12 -12 -08 FINAL
Page 2 of 2
,T
��IORPC�
Memo
December 11, 2012 Town Council Meeting
To: Honorable Mayor and Town Council Initials
Thru: Virginia Egger, Town Manager
From: Justin Hildreth, P.E., Town Engineer ,.
Memo Date: December 5, 2012
Re: Resolution 12 -28, Series 2012, Resolution Approving the Final Plat, The Village (at Avon)
Filing 4. This is a Minor Subdivision Application that will create two lots, one of which will
be transferred to the Upper Eagle Regional Water Authority, for the Water Storage Tank.
DISCUSSION:
The Applicant, Traer Creek -RP, LLC, has submitted a Minor Subdivision application for the Final Plat, The Village
(at Avon) Filing 4, a Parcel of Land in Section 8, TSS, R81W, 6th PM, Town of Avon, Eagle County, Colorado
(Attachment A) for the purpose of creating a new lot for the water storage tank that will be conveyed to the
Upper Eagle Regional Water Authority ( UERWA). This application accompanies Resolution 12 -28, Series 2012,
a Resolution Approving the Traer Creek Water Storage Tank Agreement, and is one of the requirements of
that agreement which was contemplated as part of the global settlement agreement with the Traer Creek
parties.
The subdivision is located north of Tract A, Village (at Avon) Filing 3, and is approximately 500 feet north of
Swift Gulch Road and Post Blvd intersection. The subdivision is surrounded by unplatted U.S. Forest Service
land to the west, unplatted land owned by the Traer Creek -RP, LLC on the north and east, and Tract H Village
(at Avon) Filing 3 on the south side also owned by Traer Creek -RP, LLC. The subdivision is 12.75 acres of which
Tract I is 9.03 acres and Tract J is 3.72 acres. Tract I has access from Post Blvd and Swift Gulch Road. Access to
Tract J will be through Track I and be by a separate easement agreement between the UERWA and Traer
Creek -RP, LLC. As part of the water storage tank project, a gravel drive and water lines will be constructed to
the water storage tank to be located in Tract J. A permanent road right -of -way will be conveyed to the Town
upon the roads completion at an unspecified time in the future.
According to §7.16.070(b), Subdivisions, Avon Municipal Code, this application qualifies as a Minor
Subdivision application because it creates less than 4 separate parcels of land and does not require or
propose public improvements. Minor Subdivisions are approved by Town Council after conducting a
noticed public hearing.
The Final Plat is in conformance with §7.16.070, Subdivisions, Avon Municipal Code, and in conformance
with the Village (at Avon) Amended and Restated PUD Guide. The Final Plat is correct in accordance with
surveying and platting standards of the State of Colorado and the technical standards adopted by the
Town of Avon.
RECOMMENDATION:
Staff is recommending that Town Council conduct a public hearing pursuant to §7.16.070(d)(2), and
approve Resolution 12 -28, Series 2012, a Resolution Approving the Final Plat, The Village (at Avon) Filing
4 subject to the following conditions of approval:
A purpose statement shall be added to the Final Plat stating that the purpose of this
plat is to create two new lots, Tract I and Tract J.
Resolution 12 -31, The Village (at Avon) Filing 4
December 5, 2012
Page 2 of 2
2. Completion of technical corrections identified by Staff.
TOWN MANAGER COMMENTS:
ATTACHMENTS:
Attachment A: Final Plat, The Village (at Avon) Filing 4, a Parcel of Land in Section 8, TSS, R81W, 6th PM, Town
of Avon, Eagle County, Colorado
Attachment B: Resolution 12 -28, Series 2012, Resolution Approving the Final Plat, The Village (at Avon) Filing
4
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TOWN OF AVON
- RESOLUTION NO. 12-28
Series of 2012
A RESOLUTION APPROVING THE FINAL PLAT, THE
VILLAGE (AT AVON) FILING 4
WHEREAS, on October 7, 2011 the Town of Avon and other parties entered into the Settlement
Term Sheet ( "Settlement Term Sheet ") in an effort to resolve pending litigation Nos. 2008 CV
385 and 2010 CV 316, Eagle County District Court;
WHEREAS, the Settlement Term Sheet set forth terms concerning the financing and
construction of the Traer Creek Water Storage Tank, and the Town of Avon, Traer Creek -RP
LLC and the Upper Eagle River Water Authority desire the fee conveyance of the site for the
water storage tank to the Upper Eagle River Water Authority;
WHEREAS, the Traer Creek -RP LLC submitted a minor subdivision application for the Final
Plat, The Village (at Avon) Filing 4, a Parcel of Land in Section 8, T5S, R81 W, 61" PM, Town of
Avon, Eagle County, Colorado ( "Water Tank Site Final Plat");
WHEREAS, the Avon Town Council held a public hearing for the Water Tank Site Final Plat
on December 11, 2012, after posting notice as required by law and considered all comments,
testimony, evidence and staff reports provided by the Town staff prior to taking any action on the
Water Tank Site Final Plat application;
WHEREAS, the Avon Town Council finds the Water Tank Site Final Plat to be in conformance
with the review criteria in Sections 7.16.070(e) Prelirnainaty Plat Review Criteria and
7.16.070(f), Final Plat Revietir Criteria, of the Avon Municipal Code;
WHEREAS, the Avon Town Council approved the Receipt and Escrow Agreement Pertaining
to The Village (at Avon) Settlement Implementation by Ordinance No. 12 -10 which set forth
various terms concerning the execution and deposit of documents and agreements into escrow
and the effectiveness or voiding of such documents and agreements; and,
WHEREAS, approval of this Resolution shall constitute the final action of the Town of Avon in
accordance with Section 7.16.020(f)(5) with regard to the review and approval of the Water Tank
Site Final Plat for the purposes of any appeal of the decision of the Avon Town Council.
NOW, THEREFORE BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN
OF AVON, that the Traer Creek Water Tank Site Final Plat, attached hereto .as Exhibit A, is
hereby approved by the Town of Avon subject to the terms and conditions of the Receipt and
Escrow Agreement Pertaining to The Village (at Avon) Settlement Implementation, and that the
Mayor, Town Manager, Town Attorney and Town Engineer are hereby authorized to collectively
review and approve the completion of blanks in the document, revisions to correct typos,
grammatical errors, cross - references and definitions, completion or revision of exhibits, and
other revisions to the agreement and exhibits which do not constitute substantive changes to the
agreement.
Res. 12 -28 Approving Traer Creek water Tank Site Final Plat
12 -12 -05 eih
Page 1 of 2
ADOPTED DECEMBER 11, 2012
TOWN COUNCIL
I:
Rich Carroll, Mayor
APPROVED AS TO FORM:
WE
Eric J. Heil, Town Attorney
ATTEST:
By:
Patty McKenny, Town Clerk
Res. 12 -28 Approving Traer Creek Water Tank Site Final Plat
12 -12 -05 ejh
Page 2 of 2