Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
coa.lu.an.Kaplan.LittleAjax
Jllld CM~Aapen pMOme/s Ica Memorandum TO: Mayor and Members of Council FROM: John P. Worcester DATE: April 14, 2003 RE; Kaplan Property (Little Ajax) - Resolution Finding Compliance with Municipal Annexation Act Following a Public Hearing This matter is before you for a public hearing to determine compliance with certain provisions of the Municipal Annexation Act of 1965 as part of the statutory required process for annexing unincorporated property into the City. Attached for your consideration and review is a draft resolution to be adopted following the public hearing. If Council determines at the public hearing that compliance with these provisions exist, then an ordinance to annex will be prepared for Council's consideration at a later date. As with all ordinances, a public hearing will be scheduled as part of second reading of the annexation ordinance. The appropriate time for interested citizens to offer comments on issues, other than compliance with the Municipal Annexation Act, regarding the annexation of the parcel to the City would be during the second reading of the annexation ordinance. The public hearing scheduled for the 14th can, therefore, be limited to the sole issue of compliance with the relevant provisions of the Municipal Annexation Act. At Council's regular meeting on March 1Q 2003, Resolution No. 23, Series of 2003, was adopted. That resolution found substantial compliance with Section 31-12-107(1), C.R.S. (the technical requirements for a petition for annexation); established May 24, 1999 as the date for a public hearing to determine compliance with Sections 31-12-104 and 31-12-105, C.R.S., (described below); and authorized the institution of zoning procedures for land in the area proposed to be annexed. Because 100% of the property owners have consented to the proposed annexations, annexation elections are not required. However, at the public hearing, Council must make a determination that the proposed annexation is in compliance with Sections 31-12-104 and 31-12-105 of the state annexation statutes. Appended hereto for your information is a copy of these state statutes. Section 31-12-104, C.R.S., sets forth specific eligibility requirements which Council must find and determine at the scheduled hearing. These eligibility requirements are incorporated within the R^^\ proposed resolution. The factsti,rat support the determination of compliance will be presented by staff at the hearing. In addition, Section 31-12-105, C.R.S. imposes a set of limitations on every annexation. It is these limitations that Council must also consider at the public hearing scheduled for the 13th. I have also attached a copy of a proposed resolution which you may adopt as Council's written findings and determinations following the public hearing. The proposed resolution suuunarizes the limitations of Section 31-12-105 in the form of factual statements that will need to be established at the public hearing. cc: City Manager Community Development Director City Engineer City Clerk JPW-04/08/2003-G: \john\word\memos\kaplan-rest-ann. doc .,.,/ Joyce Ohlson Deputy Director Aspen Community Development Dept. 130 5. Galena St. Aspen, Colorado 81611 April 8, 2003 Joyce - Thank you for providing notice of,the Kaplan property annexation petition. The County concurs with the City Attorney's conclusion that the proposed annexation technically complies with the State Municipal Annexation Act. The applicant proposes to annex and rezone the portion of the parcel that lies within the County from R-15 and AFR-10 to AH/PUD; and has received a recommendation of approval from the City Planning Commission for consolidated Conceptual and Final PUD review for the development of four free-mnrket units, two ADU's and eleven affordable (category) dwelling units. It is our understanding that the application for second reading and public hearing for annexation and rezoning to AH/PUD will be considered concurrently with City Council review of the Kaplan Conceptual/Final Plat, with first reading tentatively scheduled for April 28"' and second reading scheduled for May 12"'. Based upon information that is currently available, the County has the following concerns: City regulations, which are typically more urban in their application, may not adequately address potential development nt the base of Shadow Mountain which contains steep slopes and relnted hazards and resources. In addition to visual concerns associated with the steep slope, there are potential wildlife resource issues and identified rockfnll, slope stability, mine tailing and subsidence hazards. The County anticipntes working with City Staff to prepare a compnrison of development potential for the property under both City and County land use regulations. The City mny wish to use the results of the compnrison to help determine which regulations are more approprinte for the site. In the event"that County regulations are more conservative, the. City may either choose to deny the request for annexation, requiring the applicant to go through County review for development, or approve the annexation based upo 130 S. Galena Street Aspen, Colorado 8161 I (970) 920-5090 fax 920-5439 www.pitkingov.com ,~-. ti.- ~-., land use approvals that stipulate use of County floor area, slope/density reductions and/or 1041 regulations. 2. The County supports the City's efforts to secure easements for the Midland Railroad right-of-way trail and the existing trail on the southern portion of the property. Thnnk you for your consideration. The County will provide more detailed comments regarding land use upon receipt of n referral copy of the application from the City when it becomes avnilable. Sincerely, "7~ ~-fZ~~~~ Cindy Houben Pitkin County Community Development Director RESOLUTION NO. ~3 (Series of 2003) A RESOLUTION OF THE CITY COUNCIL OF ASPEN, COLORADO, RELATIVE TO THE PETITION FOR ANNEXATION OF TERRITORY TO THE CITY OF ASPEN, COMMONLY KNOWN AS THE "KAPLAN PROPERTY 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 INSTITUTION OF ZONING PROCEDURES FOR LAND IN THE AREA PROPOSED TO BE ANNEXED. WHEREAS, on February 27, 2003, one hundred percent of the owners of certain property situate adjacent to the boundaries of the City of Aspen 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 said 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 ten annexation maps, have 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 pazagraphs (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 deternuned 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 14th day of April, 2003, in Council Chambers at City Hall, 130 S. Galena, Aspen, Colorado 81611. (A date which is not less than thirty days or 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 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 z 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 Boazd 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 heazing. 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, and to prepare and thereafter submit an annexation impact report in accordance with Section 31-12-108.5, C.R.S., to the Pitkin County Board of County Cormissioners at least twenty five (25) days prior to the date established for a public hearing. INTRODUCED, READ AND ADOPTED by the City Council of the City of Aspen on the ~~ay of 1~%?,~, 2003. 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. i Kathryn S. och, City Clerk 3 "r`eb•19. 2UU3 4~34PM ]PETITION POR ANNEXATION OF TERRITORY TO THE CITY OF ASPEN, COLORADO No•0822 P• 3/4 The undersigned Petitioner, being the landowners of at least filly percent of the area within the exterior boundary of the tezritory hereinafter described, respectfully request the City Council of the City of Aspen to approve the annexation of the proposed azea to be annexed in accordance with the provisions of C.RS. 1973 31-12-101, et. sea.. as may have been amended, and in support thereof allege as follows: It is necessary and desirable that the tetzitoxy described in the land description below be annexed to the City of Aspen. 2. The requirements of C.R.S. 1973 31-12-10A and 31-12-1 OS exist or have been met. 3. The Petitioners axe ap of the owners of the territory sought to be amrexed and therefore are the owners of more than 50% of the territory sought to be atmexed. ItEOUEST~ The Petitioners request that the City of Aspen approve the annexation of the land described below ATTACHMENTS: Accompanying this Petition are the following: (a) Circulatoz's affidavit (b) Pmof of Ownership (copy of Title Policy from Pitkin County Title, lnc.) (c) Four (4) prints of an annexation map containing the infoxmafiom required by C.R.S. 1973 31-8-107. NAME MAILING ADDRESS DATE Peter L. Gluck 19 Union Square West, 12tl° Floor New York, NY 10003 Legal description of land owned by Peter L. Gluck (Parcel 3): SEE ATTACHED Bottom B. Kaplan 1780 Green Bay Road, #205 Highland Park, IL 60035 Legal description of land owned by Burton B. Kaplan (Parcel 2): 5EE ATTACHED COUNTERPARTS: Tltis Petition tnay be signed in multiple counterparts, all of which, whew taken together shall constitute one documrnt. cam. +wr ~ manic ren is [uu~ a:suNm PETITION FOR ANNEXATION OF TERRTIORY TO THE CITY OF ASPEN, COLORADO No 'JSLC a 3/t The undersigned Petitioner, being the landowners of at least fifty percent of the area within the exterior boundary of the territory hereinafter described, respectfully request the City Council of the City of Aspen to approve the annexation of the proposed azea to be annexed in accordance with the provisions of C.RS. 1973 31-12.101, et. sea.. as may have bcrn amended, and in support thereof allege as Follows: 1. It is necessary and desirable that the territory described in the land description below be atmexed to the City of Aspen. 2. The requirements of C.R.S. 1913 31-12-104 and 31-12-105 exist or have been met. 3. The Petitioners aze all of the owners of the temtory sought to be attnexed and therefore are the owners of mote than 50% of the temtory Bought to be annexed. REOUESr: The Petitioners request that the City of Aspen approve the annexation of the land described below ATTACHMENTS: Accompanying this Petition are the fallowing: (a) Cizculatoz's afftdavit (b) Proof of Ownership (copy of Title Policy from Pitkin County Title, lac.) (c) Four (4) prints of as annexation map contaudag the information zequired by C.R.S. 1973 31-8-107. PETITIONERS: NAME MAILING ADDRESS DATE SIGNATURE Peter L. Gluck 19 Union Square Hrest, 12s` Flooz Ncw York, NY 10003 Legal description of land awned by Peter L. Gluck (Parcel 3): SEE ATCACHED Burton B. Kaplan 1780 Green Bay Aoad, #205 I Zv 0?i C Highland Park, IL 60035 Legal description of land owned by Burton B. Kaplan (Parcel 2): SEEAI7'ACHED COUNTERPARTS: This Petition tray be signed in multiple counterparts, all of which, when taken together shall constitute one documrnt. _ -.~-R--_~~_____.~--- _....... __ ~~~Pb•19. 2003 4;36PM No•0822 P• 4/~ STATE OF C~o~or~~`~ ) ss. COUNTX OF ~+~~~` ~ ) Ak'F'IDAVIT OF CIRCULATOR The undersigned, being duly sworn, deposes and states as follows: 1. I am over the age of 21 years; 2. I am the circulator of the foregoing Petition; and, 3. Each sigtahue thereon is the signature of the person whose name it purports to be. Cbazlie Kaplan Subscribed and sworn to before me on this ~ day of February, 2003, by Chaziie Kaplan. WITNESS MX FIAND AMID OFFI SEAL. My commission expires: Notary Pu lac RALENE PETERSON My Comnissbn Expres 0111712006 ANNEXATION BOUNDARY 1RVE )OINr Of ff01NNIM0 ANNEXATION DESCRIRTION A LRACi OF LAXp flrvAifo Ix rK fOV)NEAfi awPTEf OF Lotxsxll o swrx, FAKE n rt>r w n¢ e:N r.u, rlr COLanAOO IEIXO A rofrldl aF wvEnNExr LAi I) iK Y wn). ulnrxA tASNfxeiox L0K1 u.e.Y s. sna 6lxlxo )a]9 A10 wYGMCNI l0i II 4L Af 91YIIIN ON iAE eM[YU WNAOEKNL pEfEIOENi AEFURVEY A10 PURVEY Oi LpIMFNIf RAXGE IS IEEi, Cf M e~A I.Y, MIROYEO FEB. 1A, IFfO q Fafan: IEOI WIIN4 Ii CORMR N0. f OF PAID Y,t. lwE YIX1 iKNfE N)e'afE el,)0 FfEi AIOXO LIK r-5 Cf fA10 Y.t QAIY i0 iK rRIF IOIXi OF ROIKINO: ~' LNFMEE N Oa'ie'E ]nf.l) 40NSLNE EAbiERLY lIK ~ PMFJI s Rr C, fU1DIYlflpl i0 lIK )~1 OF AHEM LOfM]I1E IPE Y. LODE 1KIKF f Ss'I)'Oe'E ]1c.)A FEEr 4.dFJ PAID LIK )-f A iO.1K U.f)ERIY CORKR Oi wVE111fQMi l01 In: ' )KNCE x ee•s)'a'r e.zo FEfr AIC N fs'Re'EA't iK f0U)KAIY LIK] W fAYERMENi lOr H Aw Y.S. )R' eF iK V.Y. lwE: iKVEE f01'SC'w't IaE.O] FEET LLw0 LINF A'f ]O - Tlf'Y.t. LwE: rFFKE f)0']I'R 19f.Of FEET ALdW lIK ]~I OF iN 1K LR11f IOIML Of fEO1M11X8 IfA10 CpMfE C4MAiEf ti IM.fI FCEiI. C0.N)Y OF IIiRIN fl.flE`Oi C0.0RAw W~f1]OSIe ~~P1~CFLN]EwINEYEDE1YLL11ECE1110LL11~M0. 139: Efi1)E Af<On01 OF IILYIN CpIY)Y, COLORA00. ~~ IIIIIIIIIIIIIIIIII III VIIIIIII IIII 08620 003.22P III~IIII IIIIII AKIN COUNTY OO R 466.00 D PRE-ANNEXATION AGREEMENT REGARDING THE KAPLAN PARCEL, THE GLUCK PARCEL AND THE ASPEN GK PARCEL THIS PRE-ANNEXATION AGREEMENT ("Agreement") is entered into and made on ~p(G~t 23 , 2004, by and between the City of Aspen, a Colorado home rule municipal corporation (the "City"), whose address is 130 South Galena Street, Aspen, Colorado 81611; Burton B. Kaplan ("Kaplan"), owner of an approximately 45,058 squaze foot parcel locates} in unincorporated Pitkin County, Colorado, legally described on Exhibit "A" attached hereto (the "Kaplan Pazcel"); Peter L. Gluck ("Gluck"), owner of an approximately 1637 square foot parcel located in unincorporated Pitkin County, Colorado, legally described on Exhibit "B" attached hereto (the "Gluck Pazcel"); and Aspen GK, LLC ("Aspen GK"), owner of an approximately 8,213 squaze foot pazcel located within the City, legally described on Exhibit "C" attached hereto (the "Aspen GK Pazcel' ; and collectively with the Kaplan Parcel and the Gluck Parcel, the "Existing Development Pazcels"). Kaplan, Gluck and Aspen GK aze hereinafter collectively referred to as the "Landowners". The address of the Landowners is c/o Peter L. Gluck and Partners, Architects, 646 West 131" at 12's Avenue, New York, New York 10027. This Agreement shall become effective following execution by Landowners and upon approval by the City Council of the City of Aspen ("City Council") evidenced by a duly approved resolution and by the execution of the Agreement by either the City Manager, Mayor, or Mayor Pro-Tem RECTTALS AND REPRESENTATIONS WHEREAS, the City and Landowuers desire to enter into this Pre-Annexation Agreement, refen•ed to herein as the "Agreement" for the convenience of the parties; and WHEREAS, Kaplan represents that he is the sole owner of the Kaplan Pazcel and Gluck represents that he is the sole owner of the Gluck Pazcel (the Kaplan Pazcel and Gluck Pazcel aze hereinafter collectively referred to as the "Property Proposed to be Annexed'7; and WHEREAS, the Property Proposed to be Annexed is more than one sixth ('/6) contiguous with the existing City boundaries and is otherwise eligible to be annexed into the municipal boundazies of the City in accordance with the Colorado Municipal Annexation Act of 1965, as amended, C.R.S. Sections 31-12-101, et se .; and WHEREAS, the Ci[y and Landowners believe that it is in the best interests of the citizens of the City and Landowners that the development of the Property Proposed to be Annexed and the use and development of the Aspen GK Pazcel be cooperatively planned by the parties together with the Property Proposed [o be Annexed; and WHEREAS, the development plan described in [his Agreement and the rights granted to the Landowners hereby will assist in the creation of affordable housing, open space and a reduction in free-mazket residential density below that which would otherwise be likely to be developed on the Existing Development Pazcels, thus fulfilling high priority goals of the City; and WHEREAS, the Landowners and the City desire to annex the Property Proposed to be Annexed into the municipal boundaries of the City on condition that all of the terms and conditions of this ~ ` ` I III III IIIIIIIIIIIIIIIIIIIIIIIIII IIIIIIIIIIII 499908 ie:zzn SILVIFl ORVIS PITKIN f,OUNTY CO R Y6.00 D 0 00 TII2S"1' AMIsNUMGNT 'i'O PRE-ANNGXA'I7ON ACILI;IsMi?N'f THIS 1?IIZS'1 ANIINL)MLNI' TO PRL-ANNbXA'I'TON A(.IPAGMEN"1' (this "Amendment") is entered into and )nark on _~~~..~!_...,-.. _ Z~, 2(104, by and bctwee:n the City of Aspen, a Colorado home rule. municipal~alrporttion (Il)c "C'ity'"); Burton 8_ Kaplan ("Kaplan"); Pr;lcr L. Gluck. ("Gluck"); and Aspen GK, LLC ("Aspen GK") and amends that certain Yrc-Annexation Agre:en)ent. among the City, Kaplan, Gluck and Aspen CiK dated March 2.i, 2004 that was recorded in the real estate records of Pitkin County, Colorado on April (, 2001 as Reception No. ~19(i217 (the "Pre-Annexation Agreement") Capitalized teams used in this Amendment. that: ore not defined have the meanings asa'ibed to Ihcm in the Frc-Annexation Agrticmcnl In the even) of m)y conflict or inconsistency between the provisions of this Amendment and the Pre-Annexation Agtcctnent, the provisions of this An)cndme:nt shall govern and control. 1. City Option W Purchase Conservatii)n 13ascn)ent. 't'he firs) seni<;nce ai' Section (i(a) of the Prc-Annexation Agreement. is hereby deleted in its entirety and replaced with the lollowing: (a) ltor a period of six months Ibllowing the later of (i) the recording of the Phase One Recorded Dacumenls or (ii) the dale landowners provide the City with a cony of the Apprtisals (as Thal lean is defined in subsection (i(d) beanw), the City shall have .m option eO purchase a crntservation casement on l_ot "three (the "CF., Option') consisl:ent with subparagraph (h) below, and the terms of which shall insure that Lot Three's use, is limited solely for passive open space and such other purposes as may be mutually acceptable to the Oily and the l,imd0wnel'S, and which shall allow the City, at. its expense, to cnnsiruct and maintain wails within trail casentcnts in locations nutloally acceptable to the (:ity and the Lauxlowncrs 2. 13indin~~ Effu,L. each of the City, Kaplan, Gluck and Aspen GR agree that. the Prr,-Annr:xalion Agreement, as amended herein, is in full force and effect. 3. Tacsimilc, Counterparts. A Pacsimilc, telecopy or other reproduction of Lhis Amendment may be execuuxl by the pat lies and shall bc. considered valid, binding and effective tnr all purposes. At the request of eilhc:r petty, the parties agree to execute an original of (his Arnendmenl. as well as uny facsimile, telecopy or other rt:productinn This Amendment may be executed in scver<tl cnuntcrparts and, alter execution and as executed, shall constitute a contract binding nn all of the. parties, notwnthst;mding that all of the parties arc not signatory to tltc original or the same counterpart. .-~ ~ti3. 11111111111111111111111111111111111illlllllilllllllllll00 ~9g0se1~ zzQ iN WfTNL;SS WIiNRLOF, the parties have signed this Amendmcnl effective. the day and year first written aUove. (.',1TY OP ASPEN, a municipal corporation: i /1 ~ -~o---- _ _ ~ ~>~,- 1'rinl Namc: S {^~/-,F-, v w-. ~- ATTEST: Clty C leek LAND WNL. r l3Ul~ fO 13. hAPLAN (~ PY~_. ~l~ ~~ f, ~" Charles T{aplan, Manager STA'L'L Oi~ -dl~ c~ouNTV or ,(~' is MAIiLENF. J. NEi Nutnry Vubtic, Stutc. nt Illinois M Commission Gzplres Jxn. 5, 2000 My commission expires: _../__9Z~ day ai `""~ r.,r AfPROVI;D AS 7'O NORM: ('ity Allcxncy ~. ~~r._ L Gf,IICK ~~-...___. _ ~ooa, by --~~ -- l,, -/ LAcknowlcdgamc:nts Continue on Hollowing Page ( ` i IIIIIIIIIIII~IIIIII~~IIIIIoI1IIII~II{IIIII~II1lIII~IIfl4999080ie:zza COIJNTYOP /I~~-~.(.L~~~~I~/ jss. '\ _I ( ~ Acknowledged before me this _. ~~ day of J i ~ ""t -' ?004, by _.._. Not n v Z~ .,~ i k~ O w t u~r,h rs. My connmssion expires: ~- ~;- ~' ON 4 srnrF or ~.~ i=C ~.l 1 s ; ~ C'OL7N'I'Y OP J~,f,~',( {~ ~~~~'1 C )/ - r Acknowledged before me this , 1 J~[~"] clay of ~ ~ >/Z~_ _ 2 (.)Q, by C'harlcs Kahl•m as manager of Aspen""`("''JJJK,"'I L-C',"~ ~k>lorxdo ImaN d ISaI lily com any. Ncx ny ' ~tA . My commission expires: I n~~.: ~ ~t+",-'iK t~~_ _ 4t. , ap ,~ . ~~~~ G ;~~ .~~or '~~~:i'b"I1~ 0. V.,d SECOND AMENDMENT TO PRE-ANNEXATION AGREEMENT ~a tJ/q n ~~ C~~~ S~ THIS SECOND AMENDMENT TO PRE-ANNEXATION AGREEMENT (this "Amendment") is entered into and made on March ~o, 2005, by and between the City of Aspen, a Colorado home rule municipal corporation (the "City'; Burton B. Kaplan ("Kaplan'; Peter L. Gluck ("Gluck"); and Aspen GK, LLC ("Aspen GK") and amends that certain Pre-Annexation Ageement among the City, Kaplan, Gluck and Aspen GK dated March 23, 2004 that was recorded in the real estate records of Pitkin County, Colorado on Apri16, 2004 as Reception No. 496217 (the "Original Ageement' and First Amendment thereto dated July 20, 2004 that was recorded in the real estate records of Pitkin County, Colorado on July 21, 2004 as Reception No. 499948 (the "First Amendment"; .and together with the Original Agreement, the "Pre-Annexation Agreement"). Capitalized terms used in this Amendment that aze not defined have the meanings ascribed to them in the Pre-Annexation Agreement. In the event of any conflict or inconsistency between the provisions of this Amendment and the Pre-Annexation Ageement, the provisions of this Amendment shall govem and control: 1. AH Project. The City has approved the Phase Two Land-Use Application in a manner acceptable to Landowners as evidenced by Ordinance No. 1, Series of 2005, a copy of which is attached hereto as Exhibit "A" ("Ordinance 1'~. The parties' respective rights and obligations with respect to the AH Project shall be governed by Ordinance 1. To the extent of any conflict between Section 9 of the Pre-Annexation Agreement and Ordinance 1, the terms of Ordinance 1 shall govem and control. 2. City Option to Purchase Conservation Easement. Section 6(a) of the Pre- Annexation Ageement is amended to provide that the CE Option Period shall expire on July 1, 2005 (i.e., in order for the City to exercise its option to purchase a conservation easement on Lot Three, the City must deliver written notice of exercise to the Landowners by no later than Iuly 1, 2005). 3. Binding Effect. Each of the City, Kaplan, Gluck and Aspen GK agree that the Pre-Annexation Ageement, as amended herein, is in full force and effect. 4. Facsimile, Counterparts. A facsimile, telecopy or other reproduction of this Amendment may be executed by the parties and shall be considered valid, binding and effective for all purposes. At the request of either party, the parties agree to execute an original of this Amendment as well as any facsimile, telecopy or other reproduction. This Amendment may be executed in several counterparts and, after execution and as executed, shall constitute a contract binding on all of the parties, notwithstanding that all of the parties aze not signatory to the original or the same counterpart. I IIIBI VIII IIIIII VIII VIII IIIIII IIII (~ VIII IIII IIII 508502 ei: a6I 5llVIP DPVIS PITKIN COUNTY DO R 56.00 D 0.00 IN WITNESS WHEREOF, the parties have signed this Amendment effective the day and year first written above. CITY OF ASPEN, a municipal corporation: .,~~ ~ Print ame: JS~ "'~""~ Title: CrTr /`"! ~~' ATTEST: City Clerk ~- LANDOWNERS: URTON B. KAPLAN APPROVED AS TO FORM: torn / , ETER L.L. GLU ASPEN GK, LLC By: Charles Kaplan, Manager [Acknowledgements on Following Pages] 508502 II~IIIII~I~I~IIIIVIIIIIIIIIIIIIIIIIIIIIIIIIIIIII003931D 0.0002.361 .•?, STATE OF °I'~ COUNTY OF "OFFICIAL SEAL" MARLENE J. NEI Notary Public, State of Illinois M Commission fia iree Jan. 3, 2006 )55. Acknowledged before me this Q~6, day of ~~,~~ 2005, by BURTON B. KAPLAN. My commission expires: STATE OF COUNTY OF Acknowledged before me this PETER L. GLUCK. My commission expires: STATE OF COUNTY OF )ss. "(,~ day of '~`~' )ss. 200 by nmarv c :• ~ . •.. ^~: nsw YOA pommy>.~on c;,y,s Acknowledged before me this day of Chazles Kaplan as manager of Aspen GK, LLC, My commission expires: f ~ -'1 Q-T` 2005, by olorado limited liability company. grr.`N UUCN (; GUa ~ _. ~ ..i. f:eV/ rtrM • r,;;w' Vork eaunt~ V- ~r ~ IIIIIII VIII IIIIIITIIIIVIII IIIIII VIII III VIII IAN IIII o 50850 00ez aei 4 v EXHIBIT "A'> ORDINANCE N0. 1 (SERIES OF 2005) AN ORDINANCE OF THE ASPEN CITY COUNCIL APPROVING THE LITTLE AJAX AFFORDABLE HOUSING CONSOLIDATED PUD AND ASSOCIATED LAND USE REQUESTS TO CONSTRUCT A FOURTEEN (14) UNIT AFFORDABLE HOUSING PROJECT ON LOTS 1 AND 2, OF THE LITTLE AJAX SUBDIVISION/PUD, CITY OF ASPEN, PITHIN COUNTY, COLORADO. WHEREAS, the Applicants, Aspen GK, LLC, Burton B. Kaplan, Peter L. Gluck, represented by Joseph Wells Land Planning, submitted an application requesting rezoning, subdivision, a subdivision exemption for a lot line adjustment, condominiuinization, a consolidated conceptuallfinal PUD, GMQS exemptions for affordable housing, variances from the residential design standards, and special review to establish the affordable housing parking requirements on Lots 1 and 2 of the Little Ajax Subdivision/PUD; and, WHEREAS, pursuant to Land Use Code Section 26.304.060(B), Combined Reviews, the Community Development Director in consultation with the applicants has concluded that a combined review of the land use requests associated with this application would reduce duplication and ensure economy of time, expense, and clarity; and, WHEREAS, upon review of the application and the applicable code standards, the Community Development Department recommended approval of the proposal, with conditions; and, WHEREAS, during a continued public hearing on January 4, 2005, the Planning and Zoning Conunission reviewed the proposed Consolidated Conceptual/Final PUD and associated land use requests and approved Resolution No. 1, Series of 2005, recommending that City Council approve the proposed sixteen (16) unit affordable housing project on Lots 1 and 2, of the Little Ajax Subdivision; and, WHEREAS, the Aspen City Council has reviewed and considered the development proposal under the applicable provisions of the Municipal Code as identified herein, has reviewed and considered the recommendation of the Planning and Zoning Commission, the Community Development Director, the applicable referral agencies, and has taken and considered public comment at a public hearing; and, WHEREAS, during a duly noted public hearing on January 24, 2005, the Aspen City Council reviewed the proposed Consolidated Conceptual/Final PUD and associated land use requests and approved Ordinance No. 1, Series of 2005, approving a modiFed version the proposal to construct a fourteen (14) unit affordable housing project on Lots 1 and 2, of the Little Ajax Subdivision; and, WHEREAS, the City Council finds that the development proposal meets or exceeds all applicable development standards and that the approval of the development proposal, with conditions, is consistent with the goals and elements of the Aspen Area Community Plan; and, WHEREAS, the City Council finds that this Ordinance furthers and is necessary for the promotion of public health, safety, and welfare. 4' IIIIIIIVIIIIIIIIIIIIIVIIIIIIIIIIIIIIIIIIIIIIIIIIIIII 03os50002 2.381 SILVIR DRVIS PITKIN COUNTY 00 R 56.00 D 0.00 NOW, THEREFORE, BE TT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO THAT: Section 1: Pursuant to [he procedures and standazds set forth in Title 26 of the Aspen Municipal Code, City Council hereby approves the Little Ajax Affordable Housing PUD and all of the necessary associated land use actions to construct a fourteen (14) unit affordable housing development on Lots 1 and 2, of the Little Ajax Subdivision, with the conditions contained herein: Section 2: Rezonin¢ to AH/PUD Pursuant to the procedures and standards set forth in City of Aspen Land Use Code Section 26.310, Amendments to the Land Use Code and t~cia! Zone District Map, City Council hereby rewnes Lots 1 and 2, of the Little Ajax SubdivisionlPUD to the AH/PUD Zone District. Section 3: Snbdivisioo/PIJD Plat and A¢reement The Applicant shall record a subdivision agreemrnt that meets the requirements of Land Use Code Section 26.480 within 180 days of approval. Additionally, a final Subdivisiori/PUD Plan shall be recorded in the Pitkin County Clerk and Recorder's Office within 180 days of the final approval and shall include the following: a. A fmal plat meeting the requirements of the City Engineer and showing: easements, encroachment agreements and licenses (with the reception numbers) for physical improvements, and location of utility pedestals. b. An illustrative site plan of the project showing the proposed improvements, landscaping, parking, and the dimensional requirements as approved. c. A drawing representing the project's architectural chazacter. Section 4: Buildin¢ Permit Application The building permit application shall include the following: a. A copy of the final Ordinance and recorded P&Z Resolution. b. The conditions of approval printed on the cover page of the building permit set. c. A completed tap permit for service with the Aspen Consolidated Sanitation District. d. A tree removal permit as required by the City Pazks Departmrnt and any approval from the Parks Department Director for off-site replacement or mitigation of any removed trees. The tree removal permit application shall be accompanied by a detailed landscape plan indicating which trees are to be removed and new plantings proposed on the site. e. A drainage plan, including an erosion control plan and snow storage runoff plan, prepared. by a Colorado licensed Civil Engineer, which maintains sediment and debris on- site during and after construction. If a ground recharge system is required, a soil percolation report will be required to correctly size the facility. A 5-yeaz storm frequency should be used in designing any drainage improvements. I IIIIII I~III IIIIII VIII l~l~l I~IIII ~IIII III ~IIII III III10 0308D ©0002:361 A construction management plan pursuant to the requirements. g. A fugitive dust control plan to be reviewed and approved by the Environmental Health Department Section 5: Trails The Applicant shall grant a permanent trail easement meeting the approval of the City of Aspen Parks Department along the eastern property line connecting the Midland Trail with the W. Hopkins Trail prior to recordation of the Final subdivision/PUD plat. Section 6• W Honkins Avenue Curb and Gutter The Applicant shall construct ewb, and gutter along the West Hopkins Avenue frontage of the property being subdivided prior to issuance of a certiFcate of occupancy for any of the units in the project. The timing of this installation may be changed if approved by the City Engineer. The driveway access shall meet the City Engineering Department's standards for drive ramps. If the W. Hopkins Trail is altered during construction, the Applicant shall repair the trail to the condition it was prior to construction. Section 7: Landscaoine The Applicant shall instal) a tree root barrier on the trees that are to be planted within ten (10) feet of the W. Hopkins trail to prevent future root damage and trail upheaval. The Applicant shall also install tree saving construction fences azound the drip line of any trees to be saved subject to the following provisions: a. The City Forester or his/her designee must inspect this fence before any construction activities commence. b. No excavation, storage of materials, storage of construction equipment, construction backfill, foot or vehiculaz traffic shall be allowed within the drip line. Section 8: Soil Subsidence and Rock Fall Hazards The Applicant shall submit geotechnical and soil stability reports performed by a qualified, licensed engineer demonstrating the land is suitable to handle the proposed development. The Applicant shall also submit a report from a qualified, licensed engineer demonstrating that rock fall from the slope above the proposed development will be sufficiently mitigated to prevent rock fall hazards. The Applicant shall also contact a specialist to conduct a geophysical investigation regarding the location of the mineshaft in order to determine the potential for subsidence. This report shall be submitted for review by the Community Development Department prior to the issuance of full structural building permits. Section 9: Mine Waste The Applicant shall provide prior to submitting a building permit application, the City with a mine waste testing and handling plan that complies with the following conditions of approval as memorialized in Ordinance No. 25, Series 1994 regarding the handling of any contaminated soils encountered on the property: a. Any disturbed soil or material that is to be stored above ground shall be securely contained on and covered with anon-permeable tarp or other protective barrier approved IIIIIIIIIIIIIIIIIIIIIIIIII~IIIIIIIIIIIIIIIIIIIIIIIIIIII 50850 0a z.aa by the Environmenta] Health Department so as to prevent leaching of contaminated material onto or into the surface soil. Disturbed soil or material need not be removed if the City's Environmental Health Department finds that: 1) the excavated material contains less than 1,000 parts per million (ppm) of total lead, or 2) that there exists a satisfactory method of disposal at the excavation site. Disturbed soil and solid waste may be disposed of outside of the site upon acceptance of the material at a duly licensed and authorized receiving facility. b. Non-removal of contaminated material. No contaminated soil or solid waste shall be removed, placed, stored, transported or disposed of outside the boundaries of the site without having first obtained any and all necessary State and/or Federal transportation and disposal permits. c. Dust suppression. A]l activity or development shall be accompanied by dust suppression measures such as the application of water or other soil surfactant to minimize the creation and release of dust and other particulates into the air. d. Vegetable and flower gardening and cultivation. No vegetables or flowers shall be planted or cultivated within the boundaries of the site except in gazden beds consisting of not less than twelve (12) inches of soil containing no more than 999-ppm lead. e. Landscaping. The planting of trees and shrubs and the creation or installation of landscaping features requiring the dislocation or disturbance of more than one cubic yard of soil shall require a permit as provided in Section 7-143 (4). f. Any contaminated soil or mine waste rock to be left on-site shall be placed under structures or pavement. Soils used in landscaped azeas or engineered fills shall be covered by a minimum of 1 foot of clean soil that contains less than 1,000 ppm lead. Section 10: Sentic Svstem In the event that the Applicant encounters an existing septic system or any part thereof, the Applicant shall provide a handling and waste disposal plan that complies with City Environmental Health Department requirements for the abandonment of said septic system. Section 11: Ftre Mitigation The Applicant shall install a fire sprinkler system and alarm system that meets the requirements of the Fire Marshal. The water service line shall be sized appropriately to accommodate the required Fire Sprinkler System. Use of charcoal grills shall be prohibited in this development because of fire danger concerns. This prohibition shall be included in the HOA documents for the development. Section 12: Water Department Requirements The Applicant shall comply with the City of Aspen Water System Standards, with Title 25, and with the applicable standards of Title 8 (Water Conservation and Plumbing Advisory Code) of the Aspen Municipal Code, as required by the City of Aspen Water Department. The Applicant shall also enter into a water service agreement with the City and complete a common service line agreement. Each unit shall have individual water meters. Additionally, the Applicant shall tap the water service line from the building into [he six (6) inch diameter water main located in V/. Hopkins Avenue. Water tap fees in the estimated value of $72,775.50 shall be waived, but well i i~~i~i iiiii i~iii~ iii~i iiiii iiiiii iiiii iii ~iiii iii iiii 0 5085020 z. ae~ development charges and a payment in lieu of water rights dedication shall not be waived and shall be paid in full prior building permit issuance. Section 13' Aspen Consolidated Sanitation District Requirements The Applicant shall comply with the Aspen Consolidated Sanitation District's rules and regulations. No clear water connections (roof, foundation, perimeter drains) to ACSD lines shall be allowed. The interior driveway and carport parking areas shall not be connected to the sanitary sewer system. (Improvements below grade shall require the use of a pumping station). Cottonwood trees shall not be planted within five (5) fee[ on either side of the main sewer line. Section 14• "Etfcient Buildin¢" Requirements The Applicant shall obtain a score of at least 130 points under the Aspen/Pitkin County Efficient Building Program. Such scoring shall be confirmed through the review of construction drawings at the time of building permit application submittal. A building permit shall not be issued unless the project meets this 130 point score. Change orders to the original building permit shall not reduce the projects score below 130 points. Section 75• PM-10 Miti¢ation The Applicant shall mitigate for the anticipated PM-10 generation by providing the following: a) The homeowner's association shall join the Transportation Options Program. b) Secure, covered bike storage shall be provided. c) Providing a permanent trail easement along the eastern edge of the property to link the W. Hopkins Avenue Trail to the Midland Trail as described in Section 5 of this ordinance. SeMion 16• Maintenance of Rock Fall Miti¢ation The City shall grant an easement to benefit the Little Ajax Affordable Housing Homeowner's Association at the time that the City purchases a conservation easement on Lot 3 of the Little Ajax Subdivision for the development of rockfall protection consisting of bruge fencing and berms. Additionally, the City shall grant an access easement benefiting the Little Ajax Affordable Housing Homeowner's Association across the southern portion of Lot 3 for the purpose of allowing the Homeowner's Association to complete routine maintenance on the rockfal] mitigation elements to be constructed on Lot 3. The Homeowner's Association shall be responsible for maintaining the rockfall mitigation measures to be installed on Lot 3 of the subdivision. Section 17• Dimensional Requirements The dimensional requirements established in this PUD are as follows: Description of Dimensional Approved Dimensional Requirement Requirements For the affordable housing development (To be constructed on the land known as Lots 1 & 2 of the Phase 1 Little Ajax Subdivision Minimum Lot Size 6,000 SF I IIIIII VIII IIIIII IIII VIII IIIIII VIII III VIII IIII I~I100 OSSO 02:361 Minimum Lot area per dweiling 1,000 SF for every 2-bedroom Unit unit 1,500 SF for eve 3-bedroom Unit Minimum Lot Width 135 Feet Minimum Front Yard (W. Hopkins Ten (10) Feet Fronta a Setback Minimum Side Yard Setback Five (5 Feet Minimum Rear Yard Setback Ten l0) Feet Maximum Site Coverage 50% (13,298 Squaze Feet of Structure Foo rint Maximum Hei ht 35 Feet Minimum Percent Open Space 25% of Lots I and 2 are not to be covered w/ Structure Foo rint Allowable External FAR .82:1 21,628 S Minimum Off-Street Parking 1.78 Parking Spaces per Unit (25 Total Parkin S aces Section 18• Sale of Housing Units All of the units shall be sold through the Housing Lottery process with the exception of one of the units. The developer shall have the ability to choose the first purchaser of one of the units within the development, but the person chosen must meet all of the top-priority requirements established in the affordable housing guidelines. If the person chosen by the developer is single, they may only purchase the two-bedroom unit. Section 19: Deed Restrictions The Applicant shall record a deed restriction on the units prior to issuance of a certificate of occupancy on any of the units within the development. Section 20• Park Development Imnact Fees Park Develo ment Im act Fees of $49,967.00 shall be assessed. Amendments to the Project or to the fee schedule adopted prior to issuance of a building permit shall require a new calculation. The following fee total is based on the current fee schedule: Park Fees-Proposed Development: 13 (three-bedroom employee housing units) multiplied by $3,634 per unit = $47,242 1 (two-bedroom employee housing unit) multiplied by $2,725 per unit = $2.725 Total: $49,967 Section 21: School Land Dedication Fees School Land Dedication Fees shall be assessed on the proposal pursuant to Land Use Code Section 26.630, School Lands Dedication, and shall be due at the time of building permit issuance. The Applicant shall have an appraisal done and the fee shall be calculated on Lots 1 and 2 of the Subdivision prior to obtaining a building permit for any of the units within the development. Section 22: Exterior LiahtinE All exterior lighting shall meet the City's Lighting Code Requirements pursuant to Land Use Code Section 26.575.150, Outdoor Lighting. IIIIIIIIIIIIIiIIIIIIIIII~IIIIIIIIIIIIIIIIIIII~IIIIIIII 00850e2s ez:a6i SILV[a DHVIS PITKIN COUNTY CO R 56.00 0 0.00 ,,~_ ...,~ Section 23• Previous Approvals Phase I Development Approvals to construct the single-family residences on Lots I and 2 of the Little Ajax Subdivision shall be null and void upon recording a plat for the Phase 2 development approvals. Section 24: Wildlife Trash Containers The Applicant shall install awildlife-proof trash container meeting the requirements of the Environmental Health Department. Section 25: Condominiumization The Applicant shall record a condominium plat when nearing completion of the development. The condominium plat shall be reviewed administratively pursuant to Land Use Code Section 26.480.090, Condominiumization. Section 26: City Subsidy The City shall subsidize the project at a rate of $89,000 per bedroom, minus the dollar amount of the discount provided on [he water tap fees.pursuant to Section 12 of this ordinance and the City shall also buy-down Four of the three-bedroom units from Category 4 to Category 3 at the time of sale of the four (4) units. The total subsidy amount that shall be provided by the City is calculated as follows: $89,000 multiplied by 41 total bedrooms = $3,649,000.00 $3,649,000.00 minus $72,775.50 (Value of Water Fee Waiver) _ $3,576,224.50 $3,576,224.50 plus $352,000 ($88,000 multiplied by 4 units to buy-down four (4) units from Category 4 to Category 3) _ $3,928,224.50 However, the value of the water tap fee waiver is an estimate that is subject to change based upon the submittal of final utility drawings at the time of building permit. The City Zoning Officer shall calculate the final subsidy amount at the time of building permit review after obtaining the final value of the of the water tap fee waiver from the City Water Department. Section 27: This Ordinance shall not effect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be construed and concluded under such prior ordinances. Section 28: If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. Section 29: A public hearing on the ordinance shall be held on the 24th day of January, 2005, in the City Council Chambers, Aspen City Hall, Aspen, Colorado, fifteen (15) days prior to which hearing a public notice of the same shad be published in a newspaper of general circulation within the City of Aspen. to i?IIIIIIIIIII~I{IIIIIII~IIIIIIII11~1I~III~IIIiIIIIIIII~lIa5O85© 00 zt3e~ .~ INTRODUCED, READ AND ORDERED PUBLISHED as provided bylaw, by the City Council of the City of Aspen on the 10th day of January, 2005. Helen Kalin Klandeiud, Mayor Attest: Kathryn S. Koch, City Clerk FINALLY, adopted, passed and approved this 24th day of January, 2005. Helen Kalin Klandelud, Mayor Attest: Kathryn S. Koch, City Clerk Approved as to form: John P. Worcester, City Attorney I IIIIII VIII IIIIII III VIII (VIII IIIiI III IIIIII III IIII 508502r6zta6i SILVIR DNVIS PITK2N CWNTY DO R 56.00 D 0.00 11. • o • • • • r - ^ '~~0 IIJ~.,'. ~; ''. :; ;'. dllr SO CGmpietB item 4 rf Restncied Delivery Is desired. n i ..~.._r.1 y it ;~Bu. c ~,,., ., d U8I6 Of Dt;l ry ~-~ ~ ;,~ ^ Print our name and add th y ress on e reverse C. Signet e so that we can return the card to you. ^ Attach this card to the back of the mailpiece, X ^ Agent or on the front if space permits. ^ Addressee 1. Article Addressed to: D. Is delivery address different from item 1 ? ^ Yes '~atiRD D~ Y~Rp ~~~ If YES, enter delivery address below: ^ No ~• ~~~ ~~ t c 81 b~ ~ . ~ 3. Service Type ^ Certified Mail ^ Express Mail ^ Registered ^ Return Receipt for Merchandise ^ Insured Mail ^ C.O.D. 4. Restricted Delivery? (Extra Fee) ^ Yes 2. Article Number (Copy from service label) ' ~ ~09~ 322o Oao 2. ~ ~1~ 75~ PS Form 381 1, July 1999 Domestic Retu rn Receipt 102595-99-M-1789 ~ • • • • • • ~ ^ Complete items 1, 2, ono so Complete it 4 if R t i t D i i d i d A. Received by (Please Prinr C1~ B. D,~te of.l~elivery L [ em r very es re . es c ed el s ~ - , ~ ^ Print your name and address on the reverse Sign u C so that we can return the card to you. . ^ Agent ^ Attach this card to the back of the mailpiece, X ^ or on the front if space permits. Addressee ^ Y D. Is delivery address different from item 1 es ? 1. Article Addressed to: ~~ . ` ~~ ~~~ v If YES, enter delivery address below: ^ No ~15Prc-n , co S ~ V I 1 3. Service Type ^ Certified Mail ^ Express Mail ^ Registered ^ Return Receipt for Merchandise ^ Insured Mail ^ C.O.D. 4. Restricted Delivery? (Extra Fee) ^ Yes 2. Article Number (Copy from service label) ~c b o ~.c~ qou i.. 1 PS Form 381 1, July 1999 Domestic Return Receipt 102595-99-M-1789 t ~ • • • ~ • • ^ Complete items 1, 2, anc .so complete Received by (Please Print C. B. Date of Delivery item 4 if Restricted Delivery Is desired. ~ ~ ~ CL (~~ ~p ~ ^ Print your name and address on the reverse I C. 5ignature.~ so that we can return the card to you. ~tgent ^ Attach this card to the back of the mailpiece, X ~ or on the front if space permits. I ~: ^ Addressee 1. Artic le Addressed to: D. Is detlvery gt~lr~s~d~efenf'fi• ' item 1? ^ Yes If YES, enter~iekvtrr~i~r~,' below: ^ No 1~x-~~ / ~ ~` `l~ ~~~aVu~ /Q1 tvJ r ~ ~ , ( ~~ ~ ~ p~ rat (~ / ~ p V 1, l L t"v l ~. G°~ ~ ~'~Lv ~v 4~ '~s~_/ V ~ ~ M~_ i . 3. Service Type ^ Certified Mail ^ Express Mail ^ Registered ^ Return Receipt for Merchandise ^ Insured Mail ^ C.O.D. 4. Restricted Delivery? (Extra Fee) ^ Yes 2. Article Number (Co y from service label} ~O `~ ~~ 2' Y ~~ -I 5 ~cl PS Form 381 1, July 1999 Domestic Retu rn Receipt 102595-99-M•1789 t • • • • • • ~ ^ Complete items 1, 2, ant Iso complete A. SictnaturC ~ item 4 if Restricted Delivery Is desired. J/~ ~ ~ ^ Agent ^ Print your name and address on the reverse `'' /V ^ Addressee 1 so that we can return the card to you. ^ Attach this card to the back of the mailpiece, B. ~teceiv by (Printed Name) C. Date of Delivery y ~~` or on the front if space permits. M ~' ^ 1. Article Addressed to: I ~ delivery address different from item If YE d i Yes 1? ^ No ` S, enter el very address below: I i Asper` S~~o1 ~,~a;~ /~ E'n S ~ ~ t ~ ` ~ 3. Service T pe ` P f -" ertified Mail ^ Express Mall ^ Registered ^ Return Receipt for Merchandise ^ Insured Mail ^ C.O.D. 4. Restricted Delivery? (Extra Fee) ^ Yes 2. Article Number (transfer from service label) PS Form 381 1, August 2001 7001 1140 003 2711 1214 Domestic Return Receipt ~- ~ .; I o t m Postage $ ~ 2003 tr ~r! , ~ Certified Fee . ~ O Un,..• Postmark ~ Return Receipt Fee ~ , '~ Here O IEndorsement Required) O Restricted Delivery Fee O IEndorsement Required) / _ O Total Postage & Fees $ ~, V! a ~ Sent To } /~_,,, o ~pR--------------'-l~l+- ~OUN~Y.~--~'!iA ~ Street, Apt. No.: V O or PO Box Nn. ~ E RTT (' 1 ~l {I~. - ------------------------------------------- - O Ci ,State, ZIP+4 ----~--~ - - ~ r~a~ayo ~ ~ u'I ~ Certified Fee (~ ~~ IS' C Postm Return Receipt Fee ~, 2j Here ~ IEndorsement Required) ~ ~ N S O ~ O ti C p Restricted Delivery Fee p (Endorsement Regwred) O Total Postage & Fees .p 3 ~ ~ O S rll Name Please Prlnt Clearly) (TO be completed 6y merle ~ ,n n~>~ l T~ -------------------- ~, Street, t. No.; or ox No. ` X30 ~ ~ 1~~ ~ Q- ~------------------- - ----- ~ ------•------------ • ~ CO ~ Clty, State, Z,I~P+ 4 ~7~ C~ C~ (xJ n.t u7 ~. o "` t'~1 Postage O- ~ Certified Fee tr7 , Return Receipt Fee ~ (Endorsement Required) O f~ Restricted Delivery Fee O (Endorsement Requred) ~ Total Postage & Fees a O Sanf To ~ Street Apt No.; --© PO Box No O . or O City.•State, ZIP+4 ..~ ~ ~ its ~" Postage $ ~ Certified Fee ~ • ~{ O ~ Return Receipt Fee 1 , Z ~ (Endorsement Required) 1 _ O Restricted Delivery Fee O (Endorsement Required) O Total Postage & Fees .y ~ r rl.l m Name (P~~ Prlnt Cl arl,~) (To be Co~ (C Q. Street, Apt. No.; or PO Box No. O City, State. ZIP+ ~7 ,y, n s 102595-01-M-2509 ~1ri .._ia. 2_ r nnS//''d'' ~ Py$(lJ7g71c ~~d ^ Complete items 1, 2, anc Iso complete item 4 if Restricted Deliver, ,~ desired. ^ Print your name and address on the reverse so that we can return the card to you. ^ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: 5~0 ~~~ (~1A~n ~sPEn, Co ~l~ t1 A. X ^ Agent ^ Addressee ,~R~ce' by ( riot Name) C. Date of Delivery ~ ~ ~' f~~Z D. Is eliv rya ress different from item 1? ^ Yes If YES, r delivery address below: ^ No 3. Service T pe ertified Mail ^ Express Mail ^ Registered ^ Return Receipt for Merchandise ^ Insured Mail ^ C.O.D. ^ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. ^ Print your name and address on the reverse so that we can return the card to you. ^ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: ~©~~ o~ ~,~k,ri C~OV tn~Y C~Oi'nWl~SS to t~CRJ X30 ~a~ '~~,~ ~ ~~pcK , ~~ ~l (~ It A. Signa~ /7 Xv~(/~ ^ Agent ^ Addressee B. eceived by (Printed Name) Gate oS.peliy~ery `~/"~U D. Is delivery address different from item 1? ^ Yes If YES, enter delivery address below: ^ No 3. Service Type ^-2>~~fied Mail ^ Express Mail ^ Registered ^ Retum Receipt for Merch; ^ Insured Mail ^ C.O-D. 4. Restricted Delivery ? (Extra Fee) ^ Yes 4. Restricted Delivery? (Extra Feel ^ Yes 2. Article Number 7 0 01 114 D 0 0 0 3 2 711 12 0 7 (transfer from service label) PS Form 3811, August 2001 Domestic Retum Receipt 102595.01-M-2509 ^ Complete items 1, 2, anc Iso complete item 4 if Restricted Deliver, ~~ desired. ^ Print your name and address on the reverse so that we can return the card to you. ^ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to ~,-~~~;n Co~~YMA~to2n~~ rj30 EAS~ t1_ lA~r1 ~SpEn, CO $1Cn ll A. Si u i 9 I X ~~ {n •a~j,( ^ Agent D. Is delivery ad ess ifferentifrom item 1? LJ Ye: If YES, enter ery address below: ^ No 3. Servic pe Certified Mail ^ Express Mail ^ Registered D Return Receipt for Merchandise ^ Insured Mail ^ C.O.D. 4. Restricted Delivery? (Extra Fee) ^ Yes 2. Article Number 7DD1 194D DD07 0179 5209 (Transfer from service label) _ PS Form 3811, August 2001 Domestic Return Receipt 102595-01-M-2509 I ^ Complete items 1, 2, and 3. Also complete I item 4 if Restricted Delivery is desired. I ^ Print your name and address on the reverse I so that we can return the card to you. I ^ Attach this card to the back of the mailpiece, or on the front if space permits. t. Article Addressed to: Pit k; ~ Co~~~y A ~o~RF~ 3~ C ASl ~Att^ S-C ~spi=~ , Co $cc~l1 A. Signa re X ^ Agent ^ Addressee B. Received by (Printed Name) C.~9te of De' ery L ~ 7C~ D. Is delivery address different from item 1? ^ Yes If YES, enter delivery address below: ^ No 3. Servic ertified Mail ^ Express Mail ^ Registered ^ Return Receipt for Merch ^ Insured Mail ^ C.O.D. 4. Restricted Delivery? (Extra Feel ^ Yes 2. Article Number ~ (transfer from service fabel) ? 0 0 2 D 510 0 0 0 4 5 5 9 3 0 8 3 8 PS Form 3811. August 2001 Domestic Return Receipt 102595-02-M-1540 ^ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. ^ Print your name and address on the reverse so that we can return the card to you. ^ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to ~SPEy~~c~oo~ 1Ji~ntc~ p ~~ 4 ~ ,S~,S~1~1 Q~ ~SPFPn ~ C~ $lC~ ~ ~ A. Signature - ^ Agent ~ ~ t"YZ ^ Addressee B. Received y (Print d Name) C. Date of Delivery s delivery address different from item 17 ^ Yes If YES, enter delivery address below: ^ No 3. Service Type ertified Mail ^ Express Mail ^ Registered ^ Retum Receipt for Merchi ^ Insured Mail ^ C.O.D. 4. Restricted Delivery? (Extra Fee) ^ Yes 2. Article Number 7002 0510 0004 5593 0845 (transfer from service label) P5 Form 381 1, August 2001 Domestic Return Receipt 102595-02-M-1540 rn 0 rTl t!' Postage art u'1 Certified Fee ~. Return Receipt Fee O (Endorsement Required) ~ Restricted Delivery Fee O (Endorsement Required) ~ a Total Postage & Fees ~ Sent To O t ~ O ----------------- -- -- -- -- -- Street, Apt. No.: or PO Box No ~ , It ;PB O m ~t] - ~/~ ~ Postage $ Sv ~ Certified Fee (+ `-l v y Qa~ t Fee Return Recei j~P6stm s Q p (Endorsement Required) _ _ Her D ~a O Restricted Delivery Fee ~ p (Endorsement Required) ~ N3 d5 O Total Postage & Fees ~ fLl ty Name (Please Print Clearly) (Ta be completed by mallet) Q., Street, Api. No.; or PO Box No. 'r ~ p^ ~~j0 ' ~ ~ -J S~ ~ tti City, Stat Z/P+ 4 ~AJ~%1 C~ ~/ b tl 2. Article Number (Transfer from service 7002 0510 0004 5593 0852 PS Form 3811, August 2001 Domestic Return Receipt to25ss-o2-M-1540 RESOLUTION NO. (Series of 2000) A RESOLUTION OF THE CITY COUNCII. OF ASPEN, COLORADO, RELATIVE TO THE PETITION FOR ANNEXATION OF TERRITORY TO THE CTTY OF ASPEN, COMMON- LY KNOWN AS THE "KAPLAN PROPERTY ANNEXATION ;FINDING SUBSTANTIAL COMPLIANCE WITH SECTION 31-12-107(1), C.R.S.; ESTABLISHING A DATE, TIlVIE, 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 INSTITUTION OF ZONING PROCEDURES FOR LAND IN THE AREA PROPOSED TO BE ANNEXED. WHEREAS, on July 19, 2000, one hundred percent of the owners of certain properly situate adjacent to the boundaries of the City of Aspen did file with the Ciry Clerk of the City of Aspen a Petition for Annexation of territory to the City of Aspen, whereby real property described in said Petition for Annexation, is being petitioned for annexation to the City of Aspen; and WHEREAS, Section 31-12-104, C.R.S., allows contiguity to be established by the annexation of one or more pazcels in a series, which annexations rosy be completed simultaneously and considered together for purposes of requisite public hearings, and the annexation impact report required by Section 31-12-108.5, C.R.S.; and WHEREAS, the City Clerk of the City of Aspen has referred the aforesaid petition as a communication to the Ciry 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 ten annexation maps, have been reviewed by the Ciry 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 CTTY 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 azea 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 Cotmcil of the City of Aspen at 5:00 o'clock p.m. on the 25th day of September, 2000, in Council Chambers at City Hall, 130 S. Galena, Aspen, Colorado 81611. (A date which is not less than thirty days or 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, z the Ciry Council shall hold a hearing upon said resolution of the City of Aspen for the purpose of determining and fording whether the azea 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 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 heazing. The proof of publication of the resolution shall be returned when the publication is completed, and the certificate of the owner, editor, or tttanager 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, and to prepaze and thereafter submit an annexation impact report in accordance with Section 31-12- 108.5, C.R.S., to the Pitkin County Boazd of County Commissioners at least twenty five (25) days prior to the date established for a public hearing. INTRODUCED, READ AND ADOPTED by the City Council of the City of Aspen on the ~ day of _~~~~s~, 2000. 3 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. Kathryn S. Ko ,City erk JPW-08/07/2000-G: \john\wotd\resos \kaplan-annl.doc 4 I~~ THE CITY OF ASPEN August 21, 2000 Aspen School District 0199 High School Road Aspen, CO 81611 Gentlemen The City of Aspen Council has scheduled a public hearing Monday September 25, 2000 at 5:00 p.m. in the City Council Chambers, on the Kaplan LP annexation. This property is located on West Hopkins street near the intersection with Fifth street. The purpose of the hearing is to determine and make a fording whether the azea proposed for annexation is eligible for annexation. Please call the City Clerk's office at 920- 5060 if you have any questions. Sincerely ~~ ~ ~~ ~_ Kathryn S. Koch City Clerk Enclosure Resolution #106, 2000 Petition for Annexation By certified mail 130 SOUTH GALENd STREET ~ ASPEN, Cowxnoo 81611-1975 ~ PxoNS 970.920.5000 ~ Fax 970.920.5197 r~md ~ aaydd r.pe. PETITION FOR ANNEXATION OF TERRITORY TO THE CITY OF ASPEN, COLORADO ~~~~ The undersigned Petitioner, being the landowners of at least fifty percent of the azea within the exterior boundary of the territory hereinafter described, respectfully request the City Council of the City of Aspen to approve the annexation of the proposed area to be annexed in accordance with the provisions of C.R.S. 1973 31-12-101, et. sue, as may have been amended, and in support thereof allege as follows: 1. It is necessary and desirable that the territory described in the land description below be annexed to the City of Aspen. 2. The requirements of C.R.S. 1973 31-12-104 and 31-12-105 exist or have been met. 3. The Petitioners are all of the owners of the territory sought to be annexed and therefore are the owners of more roan 50°,~0 of the territory sought to be annexed. The Petitioners request that the City of Aspen approve the annexation of the land described below ATTACHMENTS: Accompanying this Petition aze the following: (a) Circulator's affidavit (b) Proof of Ownership (copy of Title Policy from Pitkin County Title, Inc J (c) Four (4) prints of an annexation map containing the information required by C.R.S. 1973 31-8-107. PETITIONERS: NAME MAILING ADDRESS DATE Peter L. Gluck 19 Union Square West, 12'" Floor }' Z~I ~ New York, NY 10003 ~t Legal description of land owned by Peter L. Gluck (Pazce13): SEE ATT Burton B. Kaplan 1780 Green Bay Road, #205 Highland Park, IL 60035 Legal description of land owned by Burton B. Kaplan (Parcel 2): SEE ATTACHED C'OiJNTFRPARTS: This Petition may be signed in multiple counterparts, all of which, when taken together shall constitute one document. AFFIDAVIT OF CIRCULATOR STATE OF NEW YORK ) ss. COUNTY OF ~a ° ~ ) The undersigned, being duly sworn, deposes and states as follows: 1. I am over the age of 21 years; I am the circulator of the foregoing Petition; and, 3. Each signature thereon is the signature of the person whose name it purports to be. ~~ -~ Charlie Kaplan Subscribed and sworn to before me on this °l ~~ day of ~ , by Chazlie Kaplan. WITNESS MY HAND AND OFFICIAL SEAL My commission expires: ~ J 0 ~~~U~h~ Notary Public MARINE R EtSNER NOTARY PU6LIC. Stato of Naw York tv0. Sh<C3~fi0G QuaiticJ i9 Nnv Y,tk ty Commisic:: G:c!rca, ~~~~ JUN-22-00 10 17 FROM=CHARLES T. 9RAND2 & A950C 1D+97092ti4559 PAGE 3/4 a PETTIiON FOR ANNEXATION OF TERATI'ORY TO THE CITY OF ASPEN, COLORADO The undersigned Petitioner, being the landowners of at last fifty percent of the area within the exterior boundary of the territory hereinafter described, respectfully request the City Council of the City of Aspen to approve the annexation of the propoud area to be affiexed in accordance with the provisions of C.R.S. 1973 31-12-301, AI, s~q„ as may have been amended, and is support Thereof allege as follows: 1. It is necessary and desirable that the territory desenbed in the land description below be atmexed to the City of Aspen. 2. The requirements of C.R.S. 1973 31-12-104 and 31-12-105 exist or have beta met. 3. The Petitioners are all of the owners of We territory sought to be annexed and therefore are the owners of more than 50% of the territory sought to be annexed The Petitioners request that the City of Aspen approve the annexation of the land desrnbed below aTTAC~1ELITS: Accompanying this Petition are the following: (a) (b) (c) NAME PdcL L. Gluck Circulator's affidavit Proof of Ownership (copy of Title Policy from Pitkia Coumy Title, Inc.) Four (4) prints of an annexation may contaiuino the irtfotmation requhed by C.R.S. 1973 31-8-107. MAILING ADDRESS DATfi SIGNATURE 19 Union Square west,l2i° Floor New York, NY 10003 Legal description of land owned by Peter L. Gluck (Parcel 3): SEE ATTACf~D Burton B. Kaplan 1780 Green Bay Road, #ZOS L,~ ~ 0 Highland Park, IL 60035 Legal description of land owned by Burton B. Kaplan (Parcel 2): SEE ATTACHED S~[IL~BPAAT;i~ This Petition may be signed in multiple counterparts. all of which, when talon together shall constitute one document. FNT SCHEDULE A-OWNER'S POLICY CASE NUMBER PCT14730C2 DATE OF POLICY AMOUNT OF INSURANCE POLICY NUMBER January 10, 2000 @ 10:12 AM SEE ATTACHED SCHEDULE 1312-161455 1. NAME OF INSURED: ASPEN GK, L.L.C., A COLORADO LIMITED LIABILITY COMPANY, AS TO PARCEL 1 BURTON B. KAPLAN, AS TO PARCEL 2 PETER L. GLUCK, AS TO PARCEL 3 2. THE ESTATE OR INTEREST IN THE LAND HEREIN AND WHICH IS COVERED BY THIS POLICY IS: IN FEE SIMPLE 3. THE ESTATE OR INTEREST REFERRED TO HEREIN IS AT DATE OF POLICY VESTED IN: ASPEN GK, L.L.C., A COLORADO LIMITED LIABILITY COMPANY, AS TO PARCEL 1 BURTON B. KAPLAN, AS TO PARCEL 2 PETER L. GLUCK, AS TO PARCEL 3 4. THE LAND REFERRED TO IN THIS POLICY IS SITUATED IN THE COUNTY OF PITKIN, STATE OF COLORADO AND IS DESCRIBED AS FOLLOWS: See Attached Exhibit "A" PITHIN COUNTY TTTLE, INC. 601 E. HOPKINS AVE. ASPEN, COLORADO 81611 (970) 925-1766/ (970)-925~i527 FAX THE POLICY NUMBER SHOWN ON THIS SCHEDULE MUST AGREE WITH THE PREPRINTED NUMBER ON THE COVER SHEET. INSURANCE ALLOCATION The following amounts aze the amount of insurance allocated to each parcel under Fidelity National Title Insurance Policy No. 1312-161455 Parcel I allocated insurance amount $351,000.00 Pazce12 allocated insurance amount $1,599,000.00 Parcel 3 allocated insurance amount $10.00 In no event shall the amount of insurance exceed the allocated amounts for each parcel as set forth above. FIDELITY NATIQNA~I. TITLE INSURANCE COMPANY BY: ISSUED BY: PITHIN-COUNTY TITLE, INC. 601 E. HOPKINS AVE. 3Rn FLOOR ASPEN, COLORADO 81611 EXHIBIT "A" LEGAL DESCRIPTION PARCEL 1: A tract of land situated in the Southeast Quarter of Section 12, Township 10 South, Range 85 West of the 6th P.M. being a part of the City and Townsite of Aspen, The M.W. (aka Marth Washington) Lode Mining Claim U.S.M.S. No. 5793 and The Mary B. No. 2 Lode Mining Claim U.S.M.S. No. 19640, described as follows: Beginning at Corner No. 1 of the said M.W. Lode whence Corner No. 8 of said Townsite of Aspen bears S 60°58'30" E 3,268.56 feet; thence N 76°38' E 63.70 feet along line 1-5 of said M.W. Lode, to the TRUE POINT OF BEGINNING; thence N 02°26' E 342.40 feet to the South line of Hopkins Street whence the point of intersection of the said South line of Hopkins Street with line 1-6 of the Mary B. Lode Mining Claim U.S.M.S. No. 5792 (unpatented) bears N 75°09'11" W 62.75 feet; thence S 75°09'11" E 150.05 feet along said South line of Hopkins Street and its extension to the Northwesterly Corner of Lot A, Block 32 of said City and Townsite of Aspen; thence Southerly along the Westerly line of said Lot A, 66.77 feet to line 3-4 of said M.W. Lode; thence S 55°16' E 66.69 feet along said line 3-4 to Corner 4 of said M.W. Lode; thence S 02°26' W 155.9 feet to Corner 5 of said M.W. Lode; thence S 76°38' W 196.05 feet along line 5-1 of said M.W. Lode to the TRUE POINT OF BEGINNING. AND THE SOUTHERLY 20 FEET OF LOTS A, B, C, BLOCK 32, CITY AND TOWNSITE OF ASPEN. EXCEPT those tracts of land lying within the above Parcels A & B ,conveyed by Stanford H. Johnson to Lost Diamond, Inc., by Deed recorded November 17, 1986 in Book 522 at Page 836 and May 25, 1988 in Book 564 at Page 863. PARCEL 2: A tract of land situated in the Southeast Quarter of Section 12, Township 10 South, Range 85 West of the 6rh P.M., Pitkin County, Colorado, the M.W. (aka Martha Washington) Lode Mining Claim U.S.M.S. No. 5793 described as follows: Beginning at Corner No. 2 of said M.W. Lode Mining Claim whence Corner No. 8 of Townsite of Aspen, Colorado bears S 60°58'30" E 3268.56 feet; thence N 76°38' E 63.70 feet along line 1-5 of said M.W. Lode Mining Claim to the TRUE POINT OF BEGINNING; thence N 02°26' E 321.47 feet to line 7-8 of the Townsite of Aspen; thence S 55°16' East along said line 7-8 to the Townsite of Aspen 223.15; thence S 02°26' W 155.90 feet; thence S 76°38' W 196.05 feet to the TRUE POINT OF BEGINNING. AND A parcel of land being part of Lot 17, situated in Section 12, Township 10 South, Range 85 West of the 6th P.M., lying Southerly of the Aspen Ciry Southerly boundary, and Northwesterly of Line 2-3 of MW Survey No. 5793, which is further described as: Beginning at the intersection of said Aspen boundary and Line 2-3, also being the Northeast Corner of said Lot 17; thence S 76°38'00" W 14.85 feet along said Line 2-3 to the Southeast Corner of Lot 17; thence N 55°20'24" W 4.74 feet along said Lot 17 Southerly boundary; thence N 02°26'00" E 13.08 feet to a point on said Aspen boundary; thence S 55°17'06" E 21.64 feet along said Aspen boundary to the Northeast corner of said Lot 17, the point of beginning. PARCEL 3: Lot 18 and M.S. 7329, Section 12, Township 10 South, Range 85 West of the 6th P.M. MEMORANDUM TO: John Worcester, City Attorney Julie Ann Woods, Community Development Director Nick Adeh, City Engineer FROM: Kathryn Koch, City Clerk DATE: July 19, 2000 RE; Petition for Annexation Attached is petition for annexation from Peter Gluck and Burton Kaplan received July 18, 2000. Also attached is their annexation plat. Attachments SCHEDULE B-OWNERS CASE NUMBER DATE OF POLICY POLICY NUMBER PCT14730C2 January 10, 2000 @ 10:12 AM 1312-161455 THIS POLICY DOES NOT INSURE AGAINST LOSS OR DAMAGE BY REASON OF THE FOLLOWING: 1. Rights or claims of parties in possession not shown by the public records. 2. Easements, or claims of easements, not shown by the public records. 3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, any facts which a correct survey and inspection of the premises would disclose and which are not shown by the public records. 4. Any lien, or right to a lien, for services, labor, or material heretofore or hereafter furnished, imposed by law and not shown by the public records. 5. Water rights, claims or title to water. 6. Taxes for the year 2000 not yet due or payable. 7. Right of the proprietor of a vein or lode to extract and remove his ore therefrom, should the same be found to penetrate or intersect the premises hereby granted and right of way for ditches or canals constructed by the authority of the United States as reserved in United States Patent recorded September 18, 1923 in Book 136 at Pages 405 and 453. 8. Easement for ingress and egress as set forth in Deed recorded November 17, 1986 in Book 522 at Page 836. EXCEPTIONS NUMBERED 1 and 4 ARE HEREBY OMITTED. . . i ^ Complete items 1, 2, and 3. AISO Complete A. Received by (Please Print Clearly) B. Date of Delivery item 4 if Restricted Delivery is desired. ^ P i t d dd r n your name an a ress on the reverse Si azure C so that we can return the card to you. ~ ^ Attach this card to the back of the mail iece . /~ ^ q ent 9 I p , X I/ or on the front if space permits. ^ Addressee _ ' 1 D, el ry atldmss diffe one item ^ Yes ~ . Article Atltlressed to: ~~ o~ P,ru-yr ~,~,r1 'r No Y S, enter delivery dA[e ,~°~/ ~C~ A~ 4~.,y-. (A U [~ I ~ 3. Service TYPe ~i ^ Certified Mail ^ Expre i ^ Registered ^ Return Receipt for Memhantlise ^ Insured Mail ^ C.O.D. 4. Restrictetl Delivery? (Extra Fee) ^ yes 2. Article Number (Copy from service label) ~,~7 1 ~ ~ Z ~ ~.-- C 1 Z>o PS Form 3811, July 1999 Domestic Retu rn Receipt tn25ss-ss-M-ne9 ~ ~ • ~ • r ^ Complete items 1, 2, and 3. Also complete A. Received by (P/ease Print Clearly) 8. Date of Delivery item 4 if Restricted Delivery is desired. ^ Print your name and address on the reverse c. signature _ so that we can return the card to you. ~ Agent ^ Attach this card to the back of the mailpiece, I ^ or on the front if space permits. Addressee V ' es D d ery address dill 1. Article Addressed to: If VES, enter delive r`~II~w: ^ o UU P l ( y ~ f n Mn l°~U i ` ~ ~ P ~ 2 4 ~y ~ ~ ~ ( ' y ~ \ j ~ 1 t°v"' S'~ , ~ ~ P ~ t 1~0 ~ e , ~ g ~ r y L 7~ ~ ty L ' - - 1 ~ ~I~1I 3. Service Type ^ Certified Mail ^ Express Mail ^ Registered ^ Retum Receipt for Merohantlise ^ Insured Mail ^ C.O.D. 4. Restricted Delivery? (Extra Fee) ^ yes 2. Article Number (Copy /rom service label) i b °1321, E'ODZ 8g1, PS Form 3811, July 1999 Domestic Ret urn Receipt 102595-99-M-1]a9 ~ ~ ~ ^ Complete items 1, 2, and 3. Also complete eceive by (Fife;;.; print Clearly) e. Date of Delivery item 4 if Restricted Delivery is desired. ^ P i t d dd h ~-~ _ ~Q r n your name an a ress on t e reverse so that we can return the card to you. .Signature ^ Attach this card to the back of the mailpiece, A ant X 9 or on the front if space permits. ! dresses 1 Article Atltlressed to: D. Is delivery a ress different from item 1? ^ Yes . ~ ¢~~ s u°~~ ~carn-t c~ If VES, enter delivery atltlress below: ^ No o~~rq m~~'~~.. ~ c.~ ~ ~~ f 1 i ~s~'~ r 3. Service Type ^ Certifietl Mail ^ Express Mail ^ Registered ^ Return Receipt for Merchandise ^ Insuretl Mail ^ C.O.D. 4. Restricted Delivery? (Extra Fee) ^ Ves 2. Article Number (Copy /rom service label) '7~~1 3ZZ0 ~Z C17~ ~ l (~ PS Form 3811, July 1999 DOmaStIC Ratum ReCelpt 102595-99-M-1]a9