HomeMy WebLinkAboutresolution.council.007-13 RESOLUTION NO. 7
(Series of 2013)
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 "SOUTH PORTION OF LOT 1, MOSES LOT SPLIT"; 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 December 6, 2012, Neil D. Karbank on behalf of South Alps Road, LLC,
the owner of the property proposed to be annexed, ("Petitioner"), 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 annex-
ation 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 substantially
comply with the requirements set forth in paragraphs (c) and (d) of subsection(1) of Section 31-12-
107, C.R.S.; and
WHEREAS, the Petitioner owns one hundred percent (100%) of the affected property and
has consented to annexation of its 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.
1
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 25th day of February, 2013 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 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
2
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 Commission-
ers 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
14th day of January, 2013.
Michael C. Ireland, Mayor *#W% •��
1, 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 h, City Jerk
3
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r� c
ALAN RICHMAN PLANNING SERVICES, INC. 4 l l
P.O. BOX 3613 6)
ASPEN, COLORADO 81612
970-920-1125
December 3, 2012
Ms. Kathryn Koch, City Clerk
City Of Aspen
130 South Galena Street
Aspen, CO 81611
RE: ANNEXATION PETITION FOR SOUTH PORTION OF LOT 1, MOSES LOT
SPLIT
Dear Kathryn,
Attached please find three (3) copies of an annexation petition and annexation map for the
property known as the South Portion of Lot 1, Moses Lot Split. Based on our recent
conversation, it is my understanding that you will refer the petition and map to the City
Attorney, City Engineer and Community Development. You will then schedule this matter
for an initial hearing with the Aspen City Council. Please let us know when the first
hearing is scheduled to occur so that we may attend.
We are at the same time submitting a land use application for this property which involves
a PUD amendment and other related procedures. Therefore, the land use application will
require review by both the Planning and Zoning Commission and the City Council. It
would be our hope that this annexation petition could move forward in the City's hearing
process so that the zoning portion of the annexation process could happen in concert with
the land use review process.
Thank you for your assistance with this matter. Please let me know if there is anything
else you require to process this application.
Sincerely,
ALAN RICHMAN PLANNING SERVICES, INC.
Alan Richman, AICP
PETITION FOR ANNEXATION OF TERRITORY
TO THE CITY OF ASPEN
THE UNDERSIGNED (hereinafter referred to as the "Petitioners") hereby petitions the City
Council of the City of Aspen, Colorado for the annexation of an area, to be referred to as
the South Portion of Lot 1, Moses Lot Split Annexation, to the City of Aspen. Said area,
consisting of approximately 9,254 sq. ft. (0.21 acres) of land is more particularly described
on Attachment A, attached hereto.
The Petitioners allege:
1. That it is desirable and necessary that such area be annexed to the City of
Aspen.
2. That the requirements of Sections 31-12-104 and 31-12-108 Colorado
Revised Statutes 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.
4. That a community of interest exists between the area proposed to be
annexed and the City of Aspen.
5. That the area proposed 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. That the Petitioners herein comprise more than fifty percent (50%) 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.
WHEREFORE, said Petitioners request that the City Council of the City of Aspen approve
the annexation of the area described on Attachment A, legal description of the annexation
area.
The petitioners reserve the right to withdraw this petition and their signatures therefrom at
any time prior to the commencement of the roll call of the City Council for the vote upon
the second reading of the annexation ordinance.
Individual Petitioners signing this Petition represent that they own the portion(s) of the area
described on Attachment A.
IN WITNESS WHEREOF, we have executed this Petition for Annexation this-71 day of
2012.
Petiti er/Owner's Signature
wner's Printed Name
Petitioner/O l
Address
City, State,2ip
ATTACHMENT A
LEGAL DESCRIPTION OF THE ANNEXATION AREA
ALL THAT CERTAIN PROPERTY SITUATE IN THE COUNTY OF PITKIN,
STATE OF COLORADO, BEING WITHIN THE SOUTHERLY PORTION OF LOT
1, AS SAID LOT 1 IS SHOWN UPON THAT CERTAIN PLAT ENTITLED
"MOSES LOT SPLIT" FILED IN THE OFFICE OF THE CLERK AND
RECORDER OF PITKIN COUNTY, COLORADO ON JUNE 26, 1987 IN PLAT
BOOK 19 AT PAGE 83, SAID REAL PROPERTY BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE MOST SOUTHERLY CORNER OF SAID LOT 1; THENCE
NORTH 050 31' 27" WEST (SHOWN ON SAID PLAT OF "MOSES LOT SPLIT"
AS N 050 19' 34" W) 154.87 FEET ALONG THE WESTERLY BOUNDARY LINE
OF SAID LOT 1 TO THE INTERSECTION OF THE CITY OF ASPEN "CITY
LIMITS" LINE AS SAID "CITY LIMITS" LINE IS SHOWN BETWEEN STATION
SA7 AND STATION SA8 UPON THAT CERTAIN MAP ENTITLED "SOUTH
ANNEXATION TO THE CITY OF ASPEN, COLO" FILED IN THE OFFICE OF
THE CLERK AND RECORDER OF PITKIN COUNTY, COLORADO ON MARCH
24, 1967 IN PLAT BOOK 3 AT PAGE 132; THENCE ALONG SAID "CITY
LIMITS" LINE SOUTH 700 37' 21" EAST (SHOWN ON SAID MAP OF "SOUTH
ANNEXATION TO THE CITY OF ASPEN, COLO" AS S 700 37' E) 131.76 FEET
TO THE INTERSECTION WITH THE EAST BOUNDARY OF SAID LOT 1,
THENCE S 440 43' 37" W (SHOWN ON SAID PLAT OF "MOSES LOT SPLIT"
AS S 450 00' 00" W) 155.43 FEET TO THE POINT OF BEGINNING.
ATTACHMENT B
AFFIDAVIT OF CIRCULATOR
STATE OF COLORADO
COUNTY OF PITKIN
The undersigned, being first duly sworn upon his oath states:
That he was the circulator of the attached Petition for Annexation and that each signature
thereon is the signature of the person whose name it purports to be.
�j
Circulator's Signature
Subscribed and sworn to before me this 'Z l day of 2012 by ,
Authorized Agent for South Alps Road LLC.
P�04.ga
WITNESS my hand and official seal.
Commission Expiration Notary Public ;'�O�
ATTACHMENT C
PROOF OF OWNERSHIP
ALTA OWNER'S POLICY(6/17/06)
SCHEDULE A
Name and Address of Stewart Title Guaranty Company
Title Insurance Company: P.O. Box 2029, Houston, TX 77252
Prepared by: Colorado Regional Production Center
Title Officer: Linda Williams
File No.: 01330-1426 Policy No.: 0-9301-001840979
Address Reference: 605 South Alps Road,Aspen, CO 81611
(For Company Reference Purposes Only)
Amount of Insurance: ' Premium:
Date of Policy: June 06, 2011 at 12:01 pm
1. Name of Insured:
South Alps Road LLC
2. The estate or interest in the Land that is insured by this policy is:
Fee Simple
3. Title is vested in:
South Alps Road LLC
4. The Land referred to in this policy is described as follows:
Lot 1, MOSES LOT SPLIT
according to the plat recorded June 26, 1987 in Plat Book 19 at Page 83 as Reception No. 290474.
COUNTY OF PITKIN, STATE OF COLORADO
Copyright 2006-2009 American Land Title Association. All rights reserved. a«aucaw
The use of this Forth is restricted to ALTA licensees and ALTA members in good standing as of the dale of use. t"ot--f
A4 other uses are prohibited. Reprinted under license from the American Land Title Association.
File No.01330-1426 Page 1 of 1 r-stew
CO STG ALTA Owner's Policy Sch A —weowantyco^varty
ALTA OWNER'S POLICY(6/17/06)
SCHEDULE B
File No.: 01330-1426 Policy No.: 0-9301-001840979
EXCEPTIONS FROM COVERAGE
This policy does not insure against loss or damage (and the Company will not pay costs, attorneys'fees or
expenses)that arise by reason of:
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. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the title that
would be disclosed by an accurate and complete land survey of the Land and 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. Unpatented mining claims, reservations or exceptions in patents, or in acts authorizing the issuance
thereof.
6. Water rights,claims or title to water.
7. All taxes for 2011 and subsequent years, which are a lien not yet payable.
The effect of inclusions in any general or specific water conservancy, fire protection, soil conservation or
other district or inclusion in any water service or street improvement area.
8. Reservations and exceptions as contained in United States Patents recorded in Book 136 at Page 173
and recorded in Book 175 at Page 213 as follows: "That the premises hereby granted, with the exception
of the surface may be entered by the proprietor of any other vein or ledge, the top or apex of which lies
outside of the boundary, should the same in its dip be found to penetrate, intersect or extend into said
premises, for the purpose of extracting and removing the ore from such other vein, lode or ledge.
9. 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 thereon for ditches and
canals constructed by the authority of the United States as reserved in United States Patents recorded
Book 136 at Page, 173 and in Book 175 at Page 299.
10. Reservation of all the minerals, mineral deposits, mineral oils and natural gases of every kind and
nature, together with the right of ingress and egress for the purpose of mining, drilling and exploring said
land for minerals as reserved in Deed recorded April 28, 1961 in Book 193 at Page 595 as Reception No.
111295.
11. Statement of Exception from the Full Subdivision Process for the Purpose of Subdividing the Moses
Property as set forth in instrument recorded June 26, 1987 in Book 540 at Page 186 as Reception No.
290476.
Copyright 2006.2009 American Land Title Association. All rights reserved. ,waearrxw
The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use.
All other uses are prohibited. Reprinted under license from the American Land Title Association. �. .
File No.01330-1426 Page 1 of 2 5'"tewa �
CO STG ALTA Owner's Policy Sch B SE --'wo 9,wenty y
ALTA OWNER'S POLICY(6/17/06)
SCHEDULE B
12. Terms, conditions, provisions and obligations contained in the Restated Easement Agreement
recorded September 3, 1992 in Book 687 at Page 915 as Reception No. 348321.
13. All matters shown on the plat of Moses Lot Split recorded June 26, 1987 in Plat Book 19 at Pale 83
as Reception No. 290474.
14. All matters shown on the Little Nell Residence Site Plan Lot 1 Moses Lot Split recorded January 28,
2009 in Book 90 at Pare 34 as Reception No. 556039.
15. Easement Agreement by and between LNR, LLC and Gerald Grayson recorded August 7, 2007 as
Reception No. 540749.
16. Resolution by City Of Aspen Planning and Zoning recorded June 25, 2008 as Rec_ption No.
550520.
17. Administrative Decision by Community Development Pitkin County recorded December 9, 2008 as
Reception No. 554912.
18. Amended Resolution recorded July 8, 2010 as Reception No. 571868
19. Any rights, easements, interests or claims which may exist by reason of or reflected by the following
facts shown on the survey dated 5-4-11 by Pinnacle Design Consulting Group Inc.: encroachments of
gravel drive, lawn fence, woven wire fence gate, gravel foot path, foot bridge and wall onto adjoining
property known as The Aspen Chance Subdivision; wall, conc. walk, steps, concrete drive eaves, gravel
drive sitting outside of building envelope; wood rail fence going onto adjoining property to the north
Copyright 2006-2009 American Land Title Association. All rights reserved. ,,ar�A
The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use, VLrn Mi}
AY other uses are prohbited. Reprinted under license from the American Land Title Association. "1qC'""4"
File No.01330-1426 Page 2 of 2 _stews t
CO STG ALTA Owner's Policy Sch B SE
SOUTH ALPS ROAD ANNEXATION
B4ii�^ \`-O R)tin _.�NO� So GV `', Mi, % .fie'L4
3;� _^ N. b „ ° SOUTH PORTION OF LOT 1, MOSES LOT SPLIT
R .¢ImU:ute V
.t PITKIN COUNTY, COLORADO
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7001 ttle! L Ql
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i«XepK " D4..s} Du b^'E�a%_.. /SMmf j
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ASPEN R ak;
SPEN g
4r. ORk RIVER
•"o FEET 20 0 20 FEET
I I I I
GRAPHIC SCALE
SUBJECT SCALE: 1 INCH - 20 FEET
VICINITY MAP PROPERTY SOUTH ALPS ROAD LLC
LOT 2, MOSES LOT SPLIT FIRST AMENDMENT
PLAT BOOK 80, PAGE 5
PARCEL NO. 273718256003
ICIE JACKSON LLC
LEGEND:
/111.1 lL 111.1 DEPICTS CONTIGUOUS CITY UNITS
LEGAL DESCRIPTION: O FOUND MONUMENT AS DESCRIBED HEREON
ALL THAT CERTAIN PROPERTY SITUATE'NIT' COUNTY OF PITKIN.STATE OF COLORADO.BEING FOUND S/B'DIA REBAR VAT}I ALUMINUM CAP FOUND PIN AND CAP
WITHIN THE SOUTHERLY PORTION OF LOT 1, AS SAID LOT 1 IS SHOWN UPON THAT CERTAIN PLO.25954 FOUND PIN AND CAP PLS 2378
P
PILAT MINE COUNTY.D•COLORADOTON NE 25,,1987 N PLAT 300K 19 AT PAGE 53.RECORDER
AID REALF (R) RECORD PUS 18129
PROPERTY BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE MOST SOUTHERLY CORNER OF SAID LOT 1: THENCE NORTH OS'31'27• LOT 7,ASPEN CHANCE SUBDIVISION
WEST(SHOWN ON SAID PLAT OF'MOSES LOT SPUY AS N 05'19'34'W)154.87 FEET ALONG ccc nFTAII -A PARCEL NO.273718298007
TEE WESTERLY BOUNDARY UNE OF SAID LOT 1 TO THE INTERSECTION OF THE CITY OF ASPEN JACOBS HARLAN h DEBRA TRUST
CITY LIMITS'LINE AS SAID CITY UNITS'UNE IS SHOWN BETWEEN STATION SA7 AND
STATION SAS UPON THAT CERTAIN MAP ENTITLED SOUTH ANNEXATION TO THE CITY OF ASPEN,
COLON FILED IN THE OFA, OF THE CLERK AND RECORDER OF PITKIN COUNTY,COLORADO ON
MARCH 24.1987 IN PLAT BOOK THE PAGE 132: THENCE ALONG SAID'CITY UNITS'LINE
SOUTH 70'37'21'EAST(SHOWN ON SAID MAP OF SOUTH ANNEXATION TO THE CITY OF Y/87p p
ASPEN,COLD'AS 5 70'3T E)131.78 FEET TO THE INTERSECTION WITH THE EAST BOUNDARY A
AS SAID LOT IOOTMW)CE S.L34FE3 TO THE(P NWT OF BEGISAD PLA OF'MOSES LOT
SPUY
SOUTH ANNEXATION-SA 7 LOT 1, MOSES LOT SPLIT
n R'S CTATCA/GNI T• N 24' 42'01'E FOUND PIN AND CAP ` / PLAT BOOK 19, PAGE 83
SURVEY N 2 PARCEL NO. 273718256003
I,ROBERT C.HUTTON, A LICENSED PROFESSIONAL LAND SURVEYOR IN THE STATE OF \
COLORADO,C. HEREBY STATE'IHAT THE ANNE%ATION MAP SHOVAJ HEREON IS A CONTRACT oN �'Oli SOUTH ALPS ROAD LLC
DELINEATION OF THE ABOVE DESCRIBED PARCEL OF LAND AND THAT AT LEAST ONE FOUND PIN AND CAP A$ S''3�It`
(1/6)OF THE PERIPHERAL BOUNDARY OF SAND PARCEL IS CONTIGUOUS TO THE PRESENT PLS 13710 G
BOUNDARY OF THE CITY OF ASPEN,131.78 FEET CONTIGUOUS,PERIMETER 442.C5 v E P`7y�. COMMON AREAS
FEET ,f! ASPEN CHANCE SUBDIVISION
1 FURTHER CERTIFY THAT THIS MAP AND LEGAL DESCRIPTION WERE PREPARED UNDER MY PERSONAL DETAIL-A TA7N C 4
N.T.S. S 70•J7�•ryIl' SIG/`!
SUPERVISION ON THIS__DAY OF 2O_ E(sce
NOTE N0.3f L/�3�9`f,1
ROBERT C.HUTTON.PROFESSIONAL LAND SURVEYOR
COLORADO NO.24312
FOR AND ON BEHALF OF PINNACLE DESIGN CONSULTING GROUP,INC. 9254 sr4'DB'
COUNTY PORTION O N i LOT 1
CITY ENGINEER'S APPROVAL PROPERTY TO BE ANNEXED
THIS ANNEXATION MAP WAS APPROVED BY THE CITY OF ASPEN DEPARTMENT OF ENGINEERING
PITKIN COUNTY 2Z c DETAIL-R
THIS DAY OF 20� MINE:UTTLE NELL go
MS 3881 ATj N SOUTH ANNEXATION-SA 8
PARCEL NO.273718200851 j + FOUND PIN AND CAP
TRICIA ARAGON,CITY ENGINEER 74 �\ PLS ILLEGIBLE
CITY COUNCIL APPROVAL Z% Y •••ggggg s tz n lD E
THIS ANNEXATION MAP WAS APPROVED BY THE CITY COUNCIL OF THE CITY OF ASPEN,PITKIN
FOUND PIN AND CAP 2.D2'
COUNTY,COLORADO THIS_DAY OF 2O_.AS y6,�n� 1 PLS 13710
EVIDENCED BY ORDINANCE NO,__ OF SERIES 20— RECORDED WITH THE �`Y�L.��``R"
N.T.S.
g�a�aL
MAYOR y`0P
NOTES'
ATTEST,CITY CLERK
i.THIS ANNEXATION MAP DOES NOT REPRESENT A FIELD SURVEY.ALL INFORMATION WAS
CITY COMMUNITY DEVELOPMENT DIRECTOR'S APPROVAL: OBTAINED FROM EXISTING PLATS AND LEGAL DESCRIPTIONS
2. BASIS OF BEARINGS:THE SOUTHEASTERLY LINE OF LOT i,MOSES LOT SPUT
THIS ANNEXATION MAP WAS APPROVED BY THE CITY OF ASPEN COMMUNITY DEVELOPMENT DIRECTOR AS"PER PLAT BOOK EACH END IN THE FIELD AS
PAGE S IS THE BASIS�OF BEARINGS SHOWN HEREON. W
THIS DAY OF 20—
3. BEARING PER THE L SOUTH ANNEXATION TO THE CITY OF ASPEN,COLORADO ON MARCH SOUTH ALPS ROAD ANNEXATION
24 1967 PER PLAT BOOK 3,PAGE 132. FOUND 5/8'DIA.REBAR
WITK ALUMINUM CAP
CHRIS BENOON,CITY COMMUNITY DEVELOPMENT DIRECTOR P.LS.25954
SOUTH PORTION OF LOT 1, MOSES LnT SPLIT
ANNEXATION DATA PITKIN COUNTY, COLORADO
TOTAL BOUNDARY 442.05 LF pC�Cp PING TO COLORADO LAW YOU MUST COMMENCE ANY LEGAL ACTION BASED UPON ANY DEFECT
CONTIGUOU S BOUNDARY -131.78 IN THIS SURVEY N11HIN THREE YEARS AFTER YOU FIRST DISCOVER SUCH DEFECT. IN NO EVENT,
RATIO 1:3.355 MAY ANY ACTON BASED UPON ANY DEFECT IN THIS SURVEY BE COMMENCED MORE THAN TEN YEARS
AREA 0.212 ACRES AFTER THE DATE OF THE CERTIFICATION SHOWN HEREON. COLORADO
CITY OF ASPEN
N.T.S. DATE: SEPTEMBER, 2012
PINNACLE DESIGN CONSULTING GROUP, INC.
905 BUCK POINT ROAD
CARBONDALE,COLORADO 81623
(970)963-2170
SHEET 1 OF 1
Ad Name: 8810541 A PUBLIC NOTICE /
RESOLUTION NO.7
(Series of CITY)
Customer: Aspen (LEGALS) City of
A RESOLUTION OF THE CITY COUNCIL OF AS-
PEN,COLORADO,RELATIVE TO THE PETITION
Your account number: 1013028 FOR ANNEXATION OF TERRITORY TO THE CITY
OF ASPEN, COMMONLY KNOWN AS THE
"SOUTH PORTION OF LOT 1,MOSES LOT
SPLIT";FINDING SUBSTANTIAL COMPLIANCE
PROOF OF PUBLICATION LI SHINGCAIDATE,TIME,AND PLACE FOR A
PUBLIC HEARING TO DETER-MINE COMPLI-
ANCE WITH SECTIONS 31-12-104 AND
31-12-105,C.R.S.;AUTHORIZING PUBLICATION
OF NOTICE OF SAID HEARING;AND AUTHO-
RIZING THE INSTITUTION OF ZONING PROCE-
DURES FOR LAND IN THE AREA PROPOSED TO
BE ANNEXED.
WHEREAS,on December 6,2012,Neil D.Kar-
bank on behalf of South Alps Road,LLC,the own-
er of the property proposed to be annexed,("Peti-
tioner'),did file with the City Clerk of the City
STATE OF COLORADO,
Aspen a Petition for Annexation of territory to the
City of Aspen,whereby real property described in
Exhibit"A"appended to the Petition for Annex-
COUNTY OF PITKIN ation,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
I im Morgan,an, do solemnly swear that I am General to the City Council for appropriate action to deter-
mine if the petition is substantially in compliance
with Section 31-12-107,C.R.S.;and
Manager of the ASPEN TIMES WEEKLY, that WHEREAS,the petition,including accompanying
copies of an annexation map,has been reviewed
the same weekly newspaper printed, in whole or in by the City Attorney's Office and the City Engineer
and found by them to substantially comply with the
part and published in the County of Pitkin, State of requirements set forth in paragraphs(c)and(d)of
subsection(1)of Section 31-12-107,C.R.S.;and
Colorado, and has a eneral circulation therein;that WHEREAS, the Petitioner owns one hundred
g percent(100%)of the affected property and has of
said newspaper has been published continuously and c oonsf Aspen;nted to annexation-1 its property to the City
WHEREAS and, Section 31-12-107(1)(g),C.R.S.,
uninterruptedly in Said County of Pitkin for a period mandates that the City of Aspen initiate annex-
ation proceedings in accordance with Sections
of more than fifty-two consecutive weeks next prior 31-12-108 to 31-12-110,C.R.S.,whenever a
petition is filed pursuant to subsection(1)of Sec-
to the first publication of the annexed legal notice or tion THEREFORE,BE IT RESOLVED BY THE
advertisement. 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
The Aspen Times is an accepted legal advertising in substantial compliance with the provisions of
subsection(1)of Section 31-12-107,C.R.S.
medium, only for jurisdictions operating under Section 2
That the City Council hereby determines that it
Colorado's Home Rule provision. shall hold a public hearing to determine if the
proposed annexation complies with Sections
3 1-12-104 and 31-12-105,C.R.S.,and to establish
whether or not said area is eligible for annexation
That the annexed legal notice or advertisement was pursuant the Municipal Annexation Act of
as amendea d;said hearing to be held at a regular
meeting of the City Council of the City of Aspen at
published in the regular and entire issue of every 5:00 o'clock p.m.on the 25th day of February,
A 2013 in Council Chambers at City Hall,130 S.
4
number of said daily newspaper for the period of Galena,Aspen,Colorado 81611.(A date which is
not less than thirty days nor more than sixty days
consecutive insertions;and that the first publication after the effective date of this resolution).
Section 3
of Said notice was in the issue of Said a news er That the City Clerk shall give public notice as
newspaper follows:A copy of this resolution shall constitute
notice that,on the given date and at the given time
dated 1/24/2013 and that the last publication of and place set by the City Council,the City Council
shall hold a hearing upon said resolution of the City
said notice was in the issue of said newspaper dated of Aspen for the purpose of determining and finding
whether the area proposed to be annexed meets
2/14/2013. 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
I of general circulation in the area proposed to be
In witness whereof,I have here unto set my hand
annexed.The first publication of such notice shall
this 03/15/2013. be least thirty days prior to the date 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
r published shall be proof thereof.
shall l copy of the
resolution and petition as filed,shall also be sent
i 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
Jim Morgan,General Manager 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
Subscribed and sworn to before me,a notary public City Manager is hereby directed to initiate
appropriate zoning procedures with regard to the
in and for the County of Garfield,State of Colorado territory proposed to be annexed.
this 03/15/2013. CoTRODoft e City of Aspen on the 14fhtdayIof
January,2013.
/s/Michael C Ireland,Mayor
' l , �♦ /j-,a li. .._h 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
Mar E.BOrkenha en,Notary Public meeting held on the day hereinabove stated.
Mary g l Isl Kathryn S.Koch,City Clerk
,uuuV�y Commission expires.September 12,2015 Published in the Aspen Times Weekly on January
,b 0 R)Irp 24,31,2013&February 7,14 2013 [8810541]
�P...NOTARE `9m�
2.
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Ad Name: 8810764A PUBLIC NOTICE l J/
RESOLUTION N0.7 ✓ /_. L—• /�
Customer: Aspen (LEGALS) City of A RESOLUTIONS OF THE CITY COUNCIL OF
ASPEN, COLORADO, RELATIVE TO THE
Your account number: 1013028 PETITION FOR ANNEXATION OF TERRITORY TO
THE CITY OF ASPEN,COMMONLY KNOWN AS
THE"SOUTH PORTION OF LOT 1,MOSES LOT
SPLIT";FINDING SUBSTANTIAL COMPLIANCE
WITH SECTION 31-12-107(1), C.R.S.;
PROOF OF PUBLICATION ESTABLISHING A DATE,TIME,AND PLACE FOR
A PUBLIC HEARING TO DETER-MINE
COMPLIANCE WITH SECTIONS 31-12-104 AND
31-12.105,C.R.S.;AUTHORIZING PUBLICATION
OF NOTICE OF SAID HEARING; AND
AUTHORIZ-ING THE INSTITUTION OF ZONING
PROCEDURES FOR LAND IN THE AREA
T21 Allis-TIM:1 PROPOSED TO BE ANNEXED.
WHEREAS,on December 6,2012,Neil D.Kar-
bank on behalf of South Alps Road,LLC,the own-
STATE OF COLORADO, er of the property proposed to be annexed,(i
boner"),did file with the City Clerk of the City ty of
Aspen a Petition for Annexation of territory to the
City of Aspen,whereby real property described in
COUNTY OF PITKIN Exhibit"A"appended to the Petition for Annex-
ation,is being petitioned for annexation to the City
of Aspen;and
WHEREAS,the City Clerk of the City of Aspen has
1, lm Morgan, do solemn) swear that 1 am General referred the aforesaid petition as a communication
J g y 10 the City Council for appropriate action to deter-
mine if the petition is substantially in compliance
Manager of the ASPEN TIMES WEEKLY, that with Section 31-12-107,C.R.S.;and
WHEREAS, the petition,including accompanying
the same weekly newspaper printed, in whole or in by pi e City an annexation Office,has a reviewed
art and published in the County of Pitkin, State of ad foun by them o substantially comply with the
P P requirements set forth in paragraphs(c)and(d)of Section Colorado, and has a general circulation therein;that Wsubsection the Pet tionerlo ns one hundred dred per-
said newspaper has been published continuous) d cent(100%)of the affected property and has
y an sented to annexation of its property to the City ty of of
Aspen;and
uninterruptedly in said County of Pitkin for a period WHEREAS,Section 31-12-107(1)(g),C.R.S.,man-
dates that the City of Aspen initiate annexation
of more than fifty-two consecutive weeks next prior proceedings in accordance with Sections
31-12-108 to 31-12-110,g C.R.S.,whenever a peti-
to the first publication of the annexed legal notice or tion is filed pursuant to subsection(1)of Section
31-12-107,C.R.S.
advertisement. NOW,THEREFORE,BE IT RESOLVED BY THE
CITY COUNCIL OF THE CITY OF ASPEN,
COLORADO:
The Aspen Times is an accepted legal advertising Section 1
That the Petition for Annexation of territory to the
medium, only for jurisdictions operating under City of Aspen is hereby found and determined to be
Rule substantial compliance with the provisions of
Home Home Rule provision. S bCeeoctii 2(1)of Section 31-12-107,C.R.S.
That the City Council hereby determines that it
shall hold a public hearing to determine if the
That the annexed legal notice or advertisement was 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
published in the regular and entire issue of every pursuant to the Municipal Annexation Act of 1965,
as amended;said hearing to be held at a regular
number of said daily newspaper for the period of 4 meeting of the City Council of the City of Aspen at
5:00 o'clock p.m.on the 25th day of February,
consecutive insertions;and that the first ublication 2013 in Council Chambers at City Hall,130 S.
P Galena,Aspen,Colorado 81611.(A date which is
of said notice was in the issue of said er a news not less than thirty days nor more than sixty days
newspaper after the effective date of this resolution).
Section 3
dated 1/24/2013 and that the last publication of That the City Clerk shall give public notice as
follows:A copy of this resolution shall constitute
said notice was in the issue of said newspaper dated notice that,on the given date and at the given time
and place set by the City Council,the City Council
2/14/2013. 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
in witness whereof,1 have here unto set my hand for annexation.Said notice shall be published once
a week for four consecutive weeks in a newspaper
this 03/15/2013. 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
Jim Morgan,General Manager 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
Subscribed and sworn to before me,a notary public for such hearing.
Section 4
in and for the Count of Garfield,State of Colorado That pursuant to Section 31-12-115,C.R.S.,the
Y City Manager is hereby directed to initiate appro-
priate zoning procedures with regard to the territo-
ry proposed to be annexed.
INTRODUCED,READ AND ADOPTED by the City
Council of the City of Aspen on the 14th day of
CJ�'li. .._ ,�j� _ January,2013. Is/Michael C Ireland.Mayor
I,Kathryn S.Koch,duly appointed and acting City
Clerk do certify that the foregoing is a true and
MMar E.BOrkenha en,Notary ublic accurate copy of that resolution adopted by the City
ary g ry Council of the City of Aspen,Colorado,at a
h/Iy Commission expires:September 12,2015 meeting held on the day heremabove stated.
``"'"1lSORl���� /s/Kathryn S.Koch,City Clerk
c` J FY % Published in the Aspen Times Weekly on January
24,31,2013&February 7,14,2013[8810764]
NOTARa
V""',OF COIO�Pb
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