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Home My WebLink Aboutresolution.council.024-08RESOLUTION NO. 2~ (Series of 2008) A RESOLUTION OF THE CITY COUNCIL OF ASPEN, COLORADO, RELATNE TO THE PETITION FOR ANNEXATION OF TERRITORY TO THE CITY OF ASPEN, COMMONLY KNOWN AS THE "LOT 3 - ADAMS SUBDNISION ANNEXATION' ; FINDING SUBSTANTIAL COMPLIANCE WITH SECTION 31-12-107(1), C.R.S.; ESTABLISHING A DATE, TIME, AND PLACE FOR A PUBLIC HEARING TO DETERMINE COMPLIANCE WITH SECTIONS 31-12-104 AND 31-12-105, C.R.S.; AUTHORIZING PUBLICATION OF NOTICE OF SAID HEARING; AND AUTHORIZING THE INSTITiJTION OF ZONING PROCEDURES FOR LAND IN THE AREA PROPOSED TO BE ANNEXED. WHEREAS, on February 12, 2008, one hundred percent (100%) of the owners of the property proposed to be annexed did file with the City Clerk of the City of Aspen a Petition for Annexation of territory to the City of Aspen, whereby real property described in Exhibit "A" appended to the Petition for Annexation, is being petitioned for annexation to the City of Aspen; and WHEREAS, the City Clerk of the City of Aspen has referred the aforesaid petition as a communication to the City Council for appropriate action to determine if the petition is substantially in compliance with Section 31-12-107, C.R.S.; and WHEREAS, the petition, including accompanying copies of an annexation map, has been reviewed by the City Attorney's Office and the City Engineer and found by them to contain the information prescribed and set forth in paragraphs (c) and (d) of subsection (1) of Section 31-12- 107, C.R.S.; and WHEREAS, one hundred percent (100%) of the owners of the affected property have consented to annexation of their property to the City of Aspen; and WHEREAS, Section 31-12-107(1)(g), C.R.S., mandates that the City of Aspen initiate annexation proceedings in accordance with Sections 31-12-108 to 31-12-110, C.R.S., whenever a petition is filed pursuant to subsection (1) of Section 31-12-107, C.R.S. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Section 1 That the Petition for Annexation of territory to the City of Aspen is hereby found and determined to be in substantial compliance with the provisions of subsection (1) of Section 31-12- 107, C.R.S. Section 2 That the City Council hereby determines that it shall hold a public hearing to determine if the proposed annexation complies with Sections 31-12-104 and 31-12-105, C.R.S., and to establish whether or not said area is eligible for annexation pursuant to the Municipal Annexation Act of 1965, as amended; said hearing to be held at a regular meeting of the City Council of the City of Aspen at 5:00 o'clock p.m. on the 28`h day of April, 2008, in Council Chambers at City Hall, 130 S. Galena, Aspen, Colorado 81611. (A date which is not less than thirty days nor more than sixty days after the effective date of this resolution). Section 3 That the City Clerk shall give public notice as follows: A copy of this resolution shall constitute notice that, on the given date and at the given time and place set by the City Council, the City Council shall hold a hearing upon said resolution of the City of Aspen for the purpose of determining and finding whether the area proposed to be annexed meets the applicable requirements of Sections 31-12-104 and 31-12-105, C.R.S., and is considered eligible for z annexation. Said notice shall be published once a week for four consecutive weeks in a newspaper of general circulation in the area proposed to be annexed. The first publication of such notice shall be at least thirty days prior to the date of the hearing. The proof of publication of the resolution shall be returned when the publication is completed, and the certificate of the owner, editor, or manager of the newspaper in which said notice is published shall be proof thereof. A copy of the resolution and petition as filed, shall also be sent by registered mail by the clerk to the Pitkin County Board of County Commissioners and to the County Attorney of Pitkin County and to the Aspen School District at least twenty days prior to the date fixed for such hearing. Section 4 That pursuant to Section 31-12-115, C.R.S., the City Manager is hereby directed to initiate appropriate zoning procedures with regard to the territory proposed to be annexed. INTRODUCED, READ AND ADOPTED by the City Council of the City of Aspen on the day of (~fc~ , 2008. ichael C. h-eland~a or I, Kathryn S. Koch, duly appointed and acting City Clerk do certify that the foregoing is a true and accurate copy of that resolution adopted by the City Council of the City of Aspen, Colorado, at a meeting held on the day hereinabove stated.: ~ / 1 Kathryn S. ch, City Clerk JPW-saved: 3/13/2008-778-G:\john\word\resos\Lo[C-Ann Ldoc guyasuta seventh street Ilc annexation request II. Petition A. Completed Petition PETITION FOR ANNEXATION OF TERRITORY TO THE CITY OF ASPEN PURSUANT to the Municipal Annexation Act of 1965 ("Act's, Part 1, Article 12, Title 31, Colorado Revised Statutes, 1973, as amended the undersigned (hereinafter referred to as the "Petitioner's hereby petition the Council of the City of Aspen, Colorado for the annexation of an area, to be referred to as the Guyasuta Seventh Street LLC Annexation to the City of Aspen. Said area, consisting of approximately 33,945 square feet (.78) acres and as Lot 3 of the Adams Subdivision, is more particularly described on Attachment "A," attached hereto. IN SUPPORT OF THIS PETITION, the Petitioner alleges: 1. That it is desirable and necessary that such area be annexed to the City of Aspen, Colorado. 2. That the requirements of Sections 31-12-104 and 31-12-108, C.R.S., exist or have been met. 3. That not less than one-sixth (1/6) of the perimeter of the area proposed to be annexed is contiguous with the boundaries of the City of Aspen, Colorado. 4. That a community of interest exists between the area proposed to be annexed and the City of Aspen, Colorado. 5. That the area to be annexed is urban or will be urbanized in the near future. 6. That the area proposed to be annexed is integrated with or capable of being integrated with the City of Aspen, Colorado. 7. In establishing the boundaries of the territory to be annexed, no land held in identical ownership, whether consisting of one tract or parcel of real estate, has been divided Into separate parts or parcels. 8. No annexation proceeding has commenced for the annexation to the municipality other than the City of Aspen, Colorado, of all or part of the area described above. 9. The annexation proposed in this petition will not result in the detachment of area from any school district and the attachment of the same area to another school district. 10. That the Petitioner herein comprises more than fifty percent (50°k) of the landowners in the area and own more than fifty percent (50%) of the area to be annexed, excluding public streets, alleys and lands owned by the City of Aspen, Colorado. WHEREFORE, said Petitioners request that the Council of the City of Aspen approve the annexation of the area described on Attachment "A," legal description of the land. The Petitioners reserve the right to withdraw this petition and their signatures there from at any time prior to the commencement of the roll call of the City Council for the vote upon the bluegreen 04 february 2008 4 of 33 guyasuta seventh street Ilc annexation request second reading of the annexation ordinance. Individual PetiGOners signing this Petition represent that they own the portion(s) of Che area described on Attachment'A." IN WITNESS WHEREOF, I have executed this Penton for Annexaton this day of February, 2008. Petitioner's/Owner'. Signatur~ 13<yc.e B. W~t~/~ Petitioner's/Owner's Printed Name 1~9 FR~PoRT Ro~t~ Address Pi ~1sB~aw~ , PA ~s a r s City, State, Zip bluegreen 04 february 2008 5 of 33 guyasuta seventh street Ile annexation B. Legal Description of the Annexation/Proof of Ownership -attachment A CERTIFICATE OF OWNERSHIP Pitlrin County Title, Inc., a dtrbr &censed Title Iasurmce Agmt in the State of Colotado hereby certifies that GWASUTA SHVENTH STREET, Ld,C, A COIARADO I.LLtIT'EB I,IABII.TfY COMPANY are the owners in Fee ffimple otthe following described property: LOT 3, ADAMS SUBOIVSION, according to tho Plat tlroareof recorded May 14, 1573 in Plat Baak 4 at Page 385. ADDRESS AGCORDING TO TFLE PITKIN COUNTY ASSESSORS OFFICE: 201 South Seventh St., Aspen, CO 81611 ENCUMBRANCES: Deed of Trust Uam : GtJYASUTA SEVEKTH STREET, LLC, A COLORADO LIMITED LIABILITY COMPANY To the Publk Trusaee of the Catmly of PI719N For the use of : S&T BANK Orginel Amount :54.68},SOO.tm OaMd :January 3, 2006 Recorded : Janu~/ 3, 20516 RecepBon Na_ :655469 Assigrmrent of Rents recorded ki connection wi~h the adrava Daad of 7rustwas rEOOrded Jarwary 3, 2008 as Rete(~an Na 545570. This ccrtifica4e is not to be eansuued to be a guaraake of Gtle aad is furnished for informational putpasas only- PITKIN COUNTY TITLE, INC. BY: autlmri~ed signanire CERTIFIED TO: Janttary 3I, 2D03 at 8:00 A,M. lob No. 2118bC0 bluegreen 04 february 2008 6 of 33 guyasuta seventh street Ilc annexation request OOiNr~~Y~;ClS.01] wa~TY ono THIS GE®. made J~rrrry' f. 2ooe, CANS?. M+~RTINF.iW ad A1dY N.S. MIIRTINEAU efBwCeunryd .6p16~M .6lUN70F4 NC1411YA~A5I~YENiN 8TREET. 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