HomeMy WebLinkAboutresolution.council.028A-02 RESOLUTION NO. ~ ~q (Series of 2002)
A RESOLUTION OF THE CITY COUNCIL OF ASPEN~ COLORADO, RELATIVE TO THE
PETITION FOR ANNEXATION OF TERRITORY TO THE CITY OF ASPEN, COMMON-
LY KNOWN AS THE "ASPEN VALLEY HOSPITAL DISTRCIT ANNEXATION":
FINDING SUBSTANTIAL COMPLIANCE WITH SECTION 31-12-107(1), C.R.S.:
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 AUTHORIZING
THE INSTITUTION OF ZONING PROCEDURES FOR LAND IN THE AREA PROPOSED
TO BE ANNEXED.
WHEREAS, on February 22. 2002, the Chairman and Presidem of the Aspen Valley
Hospital District on behalf of the owners of the property proposed to be annexed did file with the
City Clerk of the City of Aspen a Petition for Annexation of territory m the City of Aspen,
whereby real property described in Exhibit "A" appended to the~Petition for Annexation, is being
petitioned for annexation to the City of Aspen; and
WHEREAS, the City Clerk of the City of Aspen has referred the aforesaid petition as a
communication to the City Council for appropriate action to determine if the petition is
substantially in compliance with Section 31-12-107, C.R.S.; and
WHEREAS, the petition, including accompanying copies of an annexation map, has been
reviewed by the City Attorney's Office and the City Engineer and found by them to contain the
information prescribed and set forth in paragraphs (c) and (d) of subsection (1) of Section 31-12-
107, C.R.S.; and
WHEREAS, one hundred percent (100%) of the owners of the affected property have
consented to annexation of their property to the City of Aspen; and
WHEREAS, Section 3i-12-i07(1)(g), c.R.s., mandates that the City of Aspen/nitiate
annexation proceedings in accordance with Sections 31-12-108 to 31-12-110, C.R.S., whenever
a petition is filed pursuant to subsection (1) of Section 31-12-107, C.R,S.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF ASPEN, COLORADO:
Section 1
That the Petition for Annexation of territory to the City of Aspen is hereby found and
determined to be in substantial compliance with the provisions of subsection (1) of Section 31-12-
107, C.R.S.
Section 2
That the City Council hereby determines that it shall hold a public hearing to determine if
the proposed annexation complies with Sections 31-12-104 and 31-12-105, C.R.S., and to
establish whether or not said area is eligible for annexation pursuant to the Municipal Annexation
Act of 1965, as amended; said hearing to be held at a regular meeting of the City Council of the
City of Aspen at 5:00 o'clock p.m. on the 13th day of May, 2002, 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
2
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 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-five days prior to the date fixed for such
hearing.
Section 4
The Community Development Director shall prePare and file an annexation impact report
with the board of County Commissioners for Pitkin County consistent with the requirements of
Section 31-12-108.5, C.R.S.
Section 5
That pursuant to Section 31~12-115, C.R.S., the City Manager is hereby directed to
initiate appropriate zoning procedures with regard to the territory proposed to be annexed.
INTRODUCED; READ AND ADOPTED by the City Council of the City of Aspen on
the ~'{~day of ~ , 2002.
Flfelen Kahn K:taflde~d, Mayor
I, Kathryn S. Koch, duly appointed and acting City Clerk do certify that the foregoing is
a tree 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. K~,'C~ty Clerk
JPW-04/02/2002-G: \ j ohn\word\resos\hospital-re$1, doc
PETITION FOR ANNEXATION OF TERRITORY TO THE CITY OF ASPEN
(ASPEN VALLEY HOSPITAL DISTRICT)
The Aspen Valley Hospital Distr/ct, being the landowner of one hundred (100%) percent
of the area, excluding public streets and alleys, meeting the requirements of Sections 31-12-104
and 31-12-105, C.R.S., alleges as follows:
1. It is desirable and necessary that the area hereinafter described be annexed to the
City of Aspen.
2. The requirements of Sections 31-I2-104 and 31-12-105, C.R.S., exist or have
been met.
3. Aspen Valley Hospital District, the signor of the petition, comprises the
landowners of more than 50% of the territory included in the area proposed to be annexed,
exclusive of streets and alleys.
4. The legal description of the area to be annexed is as follows:
A tract of land situated in the Southeast quarter of Section 11, in the Southwest
quarter of Section 12 and in the Northwest quarter of Section 13, all in Township
I 0 South, range 85 West of the Sixth Principal Meridian, Pitkin County,
Colorado, more particularly described as follows:
Beginning at tl~e comer common to Sections 11, 12, 13 and 14;
thence along the boundary of Aspen Valley HOspital District Subdivision the
following courses and distances:
North 00° 23' 00" East 392.21 feet,
North 03° 00' 00" West 1211.74 feet, and
North 87° 07' 00" East 333.97 feet to the West right-of-way line of Castle Creek
Road;
thence North 21 ° 52' 00" West 625.12 feet along the West right-of-way line of
Castle Creek Road to the intersection with the South right-of-way line of Maroon
Creek Road;
thence Nortl~ 46° 31' 56" West 95.79 feet across Maroon Creek Road to the
Southeast conner of the City Thomas Property Annexation;
thence North 00° 13' 00" West 120.90 feet along the boundary of said City
Thomas Property Annexation to the intersection with the South right-of-way line
of Colorado State Highway No. 82;
thence 102.39 feet along the arc ora curve to the right having a radius of 1196.00
feet, a central angle of 04° 54' 19" and whose chord bears North 53° 16' 10" West
102.36 feet along the boundary of said City Thomas Property Annexation and
along the South right-of-way line of said State Highway to the southernmost
comer of the City/Zoline Open Space and Colorado State Highway 82
Annexation;
thence North 39 ° 11' 00" East 100.00 feet along the boundary of said Zoline
Annexation to the easternmost comer of said Zoline Annexation, said comer
being on the South Boundary Line of Open Space Annexation No. 1 identical
with the North right-of-way line of said State Highway;
thence 204.33 feet along the arc ora curve to the left having a radius of 1096:00
feet, a central angle of 10° 40' 54" and whose chord bears South 56° 09' 27" East
204.03 feet along said South boundary line and along said right-of-way line to the
Northwest corner of Open Space Annexation No. 2;
thence South 28° 30' 06" West 100.00 feet along the West boundary line of said
Open Space Annexation No. 2 to the South right-of-way line of said State
Highway;
thence along the West boundary of said Open Space Annexation No. 2, identical
with the East right-of-way line of Castle Creek Road, the following courses and
distances:
South 16° 36' 00" East 135.87 feet,
South 20° 54' 00" East 2006.31 feet, and
South 32° 10' 00" East 67.10 feet to the southernmost comer of said annexation;
thence south 30° 29' 38" West 68.32 feet across Castle Creek Road to the
easternmost comer of Parcel A of said Aspen Valley Hospital District
Subdivision, said comer being identical with the point of beginning of City Water
Plant Annexation No. 2;
thence South 23 ° 41' 00" West 13.13 feet along the West boundary of said
Annexation to comer No. 2 of said Annexation;
thence departing said West boundary South 25 ° 52' 53" West 0.99 feet to comer
No. 5 of said Annexation;
thence South 22° 28' 59" West 584.06 feet along the West boundary of said
Annexation to the intersection with the South boundary line of Parcel A of said
Aspen Valley Hospital District Subdivision;
thence along the south boundary line of said Parcel A the following courses and
distances:
North 53° 40' 36" West 12.70 feet,
North 23° 41' 00" East 177.80 feet,
North 66° 19' 00" West 330.47 feet, and
North 19° 00' 00" West 199.69 feet to the westernmost comer of said Parcel A,
said comer being on the South boundary line of Parcel C of said Aspen Valley
Hospital District Subdivision;
thence along the South boundary of said Parcel C the following courses and
distances:
South 71 ° 00' 00" West 288.00 feet, and
South 23 ° 00' 00" West 52.80 feet to the point of beginning.
5. A proposed annexation map is attached as Exhibit "A".
6. The Aspen Valley Hospital District requests that the City of Aspen approve the
annexation of the area proposed to be am~exed.
Aspen Valley Hospital District
By: ~Me~g~H ~ees, Chai~ President