HomeMy WebLinkAboutC06-371
A
AGREEMENT BETWEEN
THE COUNTY OF EAGLE, STATE OF COLORADO
AND
THE TOWN OF AVON
THIS AGREEMENT, made this R day of J)eC , 200~ by and between the
County of Eagle, State of Colorado ("County"), a body corporate and politic, by and through its
Board of County Commissioners, and The Town of Avon, Colorado ("Town"), a body corporate
and politic, by and through its Town Council,
WITNESSETH:
WHEREAS, in 1991 the County approved the McGrady Acres PUD and in 1998
approved the Nottingham Cottages PUD a contiguous development (jointly, "PUDs"); and
WHEREAS, in 2002, the Town of AvonlTraer Creek Metropolitan District condemned a
portion of the Nottingham Cottages PUD in order to construct the road right-of-way for William
J. Post Blvd, and after completion of the road improvements, the unused portion of the
condemned property (renamed "Tract B" by virtue of being platted in the Town of Avon) was
returned via Special Warranty Deed from the Traer Creek Metropolitan District to the owners of
the Nottingham Cottages PUD; and
WHEREAS, on or about June 14,2006, the owners of the Nottingham Cottages PUD
and Lot 7 of the McGrady Acres PUD (hereinafter "Applicants") both (a) applied to the County
for approval of a Planned Unit Development Amendment (hereinafter "PDA"), File No. PDA-
00066 that would recognize the modification of a shared lot line between both PUDs as well as
the re-inclusion of Tract B in the amended PUDs by eliminating the internal lot line of Tract B,
and (b) submitted a proposed Amended Final Plat reflecting the changes proposed in the
amendment; and
WHEREAS, Tract B is too small to support proceedings to legally disconnect it from the
Town of Avon and return it to unincorporated Eagle County; and
WHEREAS, at its public hearing held November I, 2006, the County Planning
Commission, based upon its findings, recommended approval with conditions of the proposed
PUD Amendment; and,
WHEREAS, a public hearing was held by the Board of Eagle County Commissioners
(hereinafter the Board) on November 21 st, 2006 to consider the PUDs Amendment application;
and
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WHEREAS, based on the evidence, testimony, exhibits, and study of the Comprehensive
Plan for the unincorporated areas of the County, comments of the County Department of
Community Development, comments of public officials and agencies, the recommendation of the
Planning Commission, and comments from all interested parties, the Board approved, with
conditions, the proposed PUDs amendments at a public hearing on December 19, 2006 (copy of
Resolution attached as Exhibit A); and
WHEREAS, a condition of the approval of such PUD amendments by the Board is
execution of an intergovernmental agreement in substantially the form attached as Exhibit 1 to
such approval resolution, with such modifications of such intergovernmental agreement as may
be approved by the County Attorney, recognizing that Tract B is included in a the amended
PUDs and amended final plat for such PUDs; and
WHEREAS, Town is willing to cooperate with County in facilitating the PUDs
amendments described hereinabove by entering into this Agreement with County.
NOW, THEREFORE, County and Town agree that Tract B as shown on the Amended
Final Plat attached hereto as Exhibit 1 shall be treated by Town for all purposes as controlled by
the provisions of the Amended PUDs attached hereto as Exhibit A, and Town will take no
legislative action with respect to such Tract B that is inconsistent with the terms of Exhibits 1
and 2 hereto.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date
first set forth above.
BALANCE OF THIS P AGE INTENTIONALLY LEFT BLANK
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COUNTY OF EAGLE, STATE OF COLORADO
BY AND THROUGH ITS BOARD OF
COUNTY COMMISSIONERS
ATTEST:
~v .~
By: C~-a/a !
Teak J. Simonton,
Clerk to the Board of County Commissioners
TOWN OF AVON, COLORADO
By
Attest:
By:
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