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HomeMy WebLinkAboutcoa.lu.an.MollieGibsonPark.20077� ■ 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. Article Addressed to: �P,\h aA- P-, e4 A zlPev\, o) z (cot) A. O Agent ❑ Addressee B. Recblved by (Printed Name)' C. Dante of Delivery D. Is delivery address different from item 1? ❑ Yes If YES, enter delivery address below: ❑ No 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 91 7108 2133 3933 3472 4715 (rransfer from service label) PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M-1540 UNITED STATES POSTAL SERVICE First -Class Mail Postage & Fees Paid USPS Permit No. G-10 • Sender: Please print your name, address, and ZIP+4 in this box • CITY OF ASPEN 130 South Galena Aspen, CO 81611 Kos ■ 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. Article Addressed to: ASPEr SChOo1 �J►S\Rtc` Q 1 � � �i►aJ1� Selnoo, �oA� X -$ignatu ❑ Agent '� ��/� ` // ❑Addressee B. Received by (P'rfnn ) Date of Delivery Ail,teic Mf���Fii Z7'v% D. Is delivery address different from item 1? ❑ Yes If YES, enter delivery address below: ❑ No 3. Service Type ,.Certified Mail ❑ Express Mail ❑ Registered ❑ Return Receipt for Merchandise ❑ Insured Mail ❑ C.O.D. 4. Restricted Delivery? (Extra Fee) ❑ Yes 2. ArticieNumber 91 7108 2133 3933 3472 4722 (Transfer from service labs Form 3811, February 2004 Domestic Return Receipt 102e95-02-M-1e40 UNITED STATES POSTAL SERVICE First -Class Mail Postage & Fees Paid USPS Permit No. G-10 • Sender: Please print your name, address, and ZIP+4 in this box • CITY OF ASPEN 130 South Galena Aspen, CO 81611 k ■ 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. Article Addressed to: Cou4y Comn,.ss ionc2r Nz?c^, eJU 2 LU l I A. Signature r ❑ Agent ❑Addressee B. Recelved by (Printed Name) C. Date of Delivery ` 'z 7o 7 D. Is delivery address different from item 1? ❑ Yes If YES, enter delivery address below: ❑ No 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 91 7108 2133 3933 3472 4708 (transfer from service laben PS Form 3811, February 2004 Domestic Return Receipt _ 102595-02-M-1540 UNITED STATES POSTAL SERVICE First -Class Mail Postage & Fees Paid LISPS Permit No. G-10 • Sender: Please print your name, address, and ZIP+4 in this box • CITY OF ASPEN 130 South Galena Aspen, CO 81611 cc, Track Instant Delivery Status UNnwSTAM ` PWAL SERME Here is the detailed status of the shipment you are tracking. Check all of the information carefully. If there appears to be a problem with your shipment, contact the carrier directly. Account Number: 11650561 Carrier: USPS Tracking Number: 9171082133393334724722 Status: Electronic Shipping Info Received P'rlraf '' 22 '' Page I of I r � 2 J m rl-- o 00 m � •- � m m £ � m _= C7" In. m q ru r c r e r . Z ± \\ . e ; s \\ ƒ /( 2 il I Track Instant Delivery Status aPOSTAL UNI DSTA SERME Here is the detailed status of the shipment you are tracking. Check all of the information carefully. If there appears to be a problem with your shipment, contact the carrier directly. Account Number: 11650561 Carrier: USPS Tracking Number: 9171082133393334724715 Status: Electronic Shipping Info Received Print " GtM `r Page I of I lg-L-016 rq ru m M m Er m m m rq ru C:1) C3 z ;ol 0 b C) C) U "t Track Instant Page I of I Delivery Status U rMSTAT1 aPOSUL SERME Here is the detailed status of the shipment you are tracking. Check all of the information carefully. If there appears to be a problem with your shipment, contact the carrier directly. Account Number: 11650561 Carrier: USPS Tracking Number: 9171082133393334724708 Status: Electronic Shipping Info Received CO ru � % m m m � q m co m �e 2 2 §§ * /) t �§ §k S a� w )§ < § 2 E . PETITION FOR ANNEXATION OF TERRITORY TO THE CITY OF ASPEN THE UNDERSIGNED (hereinafter referred to as the "Petitioner") hereby petitions the Council of the City of Aspen, Colorado for the annexation of an area, to be referred to as the "Annexation" to the City of Aspen, said area is more particularly described on Attachment "A" attached hereto. The Petitioner alleges: 1. That is desirable and necessary that such area be annexed to the City of Aspen. 2. That the requirements of Section 31-12-104 and 31-12-108, C.R.S. exist or have been met. 3. That not less than one -sixth (1/6) of the perimeter of the area 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. 7. That the Petition herein comprises more than fifty percent (50%) of the landowners in the area and owns more than fifty percent (500) of the area to be annexed, excluding public street, alleys and lands owned by the City of Aspen. WHEREFORE, said Petitioner requests that the Council of the City of Aspen approve the annexation of the area described on Attachment "A", legal description of the land. The Petitioner reserves the right to withdraw this Petition and its signature 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. The Petitioner signing this Petition represents that it owns all of the area described on Exhibit "A". (00061761.DOC / 1 ) IN WITNESS WHEREOF, the undersigned has executed this Petition for Annexation this IY4 day of /t'%ck , 2007. BOARP,yF CO TY; OMM ONE S OF PITKIN COUNTY, COLORADO By. • Miql-?ael M. wsley, Chairman Petitioner's Signature Board of County Commissioners of Pitkin County, Colorado Petitioner's Printed Name Courthouse Plaza Annex Building, 530 East Main Street Address Aspen, Colorado 81611 City, State, Zip Code {00061761.DOC / 1 } Attachment "A" to Petition for Annexation of Territory to the City of Aspen (Legal Description of Area to be Annexed) A PARCEL OF LAND SITUATED IN MOLLIE GIBSON PARK PARCEL DESCRIBED IN BOOK 455 AT PAGE 177 IN SECTION 7, TOWNSHIP 10 SOUTH, RANGE 84 WEST OF THE 6 TH PRINCIPAL MERIDIAN, COUNTY OF PITKIN STATE OF COLORADO DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF SAID MOLLIE GIBSON PARK PARCEL WHENCE THE CENTER 1/4 OF SAID SECTION BEARS N 30°43'48"W 2405.97 FEET; THENCE N 67027'17"W 186.82 FEET; THENCE N 41054'48"W 35.73 FEET; THENCE 175.21 FEET ALONG A NON TANGENTIAL CURVE TO THE LEFT WHOSE RADIUS IS 290.57 FEET (CHORD BEARS N 10043143"E 172.56 FEET); THENCE 92.69 FEET ALONG A NON TANGENTIAL CURVE TO THE LEFT WHOSE RADIUS IS 90.00 FEET (CHORD BEARS N 34032111" E 88.65 FEET; THENCE N 05001'57"E 53.82 FEET; THENCE S 26024'25"E 98.14 FEET; THENCE N 85012'49"E 88.09 FEET; THENCE N 30058'45"E 29.58 FEET; THENCE N 85012'49"E 69.34 FEET; THENCE S 17033125"W 129.83 FEET; THENCE S 02033'16"W 83.30 FEET; THENCE S 40001150"E 54.02 FEET; THENCE S 43030100"W 137.86 FEET TO THE POINT OF BEGINNING, CONTAINING 71,194 SQUARE FEET MORE OR LESS. (00061761.DOC / 1 } Attachment "B" to Petition for Annexation of Territory to the City of Aspen (Affidavit of Circulator) STATE OF COLORADO ) COUNTY OF PITKIN ) The undersigned, being first duly sworn upon his oath states: That he was the circulatory of the attached Petition for Annexation and that each signature therein is the signature of the person whose name jit-purports to be. Circulator's Si2sLnature I S scribed and sw �o of re„me',thl "� day of '�' 2007 by ! ,'. 1 1 WIT ESS my hand and of f icia seal. ; 0 {00061761.DOC / 1) Attachment "C" to Petition for Annexation of Territory to the City of Aspen (Proof of Ownership) I, Curtis B. Sanders, as an attorney licensed by the State of Colorado, hereby certify that the Board of County Commissioners of Pitkin County, Colorado is the sole record owner of the real property described immediately below (the "Property"), and therefore constitutes more than 50% of the landowners in the area proposed for annexation, as said area is described immediately below, and more than 50% of the land in such area, exclusive of streets and alleys: A PARCEL OF LAND SITUATED IN MOLLIE GIBSON PARK PARCEL DESCRIBED IN BOOK 455 AT PAGE 177 IN SECTION 7, TOWNSHIP 10 SOUTH, RANGE 84 WEST OF THE 6 TH PRINCIPAL MERIDIAN, COUNTY OF PITKIN STATE OF COLORADO DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF SAID MOLLIE GIBSON PARK PARCEL WHENCE THE CENTER 1/4 OF SAID SECTION BEARS N 30°43'48"W 2405.97 FEET; THENCE N 67027'17"W 186.82 FEET; THENCE N 41054'48"W 35.73 FEET; THENCE 175.21 FEET ALONG A NON TANGENTIAL CURVE TO THE LEFT WHOSE RADIUS IS 290.57 FEET (CHORD BEARS N 10043'43"E 172.56 FEET); THENCE 92.69 FEET ALONG A NON TANGENTIAL CURVE TO THE LEFT WHOSE RADIUS IS 90.00 FEET (CHORD BEARS N 34032111" E 88.65 FEET; THENCE N 05001'57"E 53.82 FEET; THENCE S 26024'25"E 98.14 FEET; THENCE N 85012'49"E 88.09 FEET; THENCE N 30058'45"E 29.58 FEET; THENCE N 85012'49"E 69.34 FEET; THENCE S 17033'25"W 129.83 FEET; THENCE S 02033'16"W 83.30 FEET; THENCE S 40001'50"E 54.02 FEET; THENCE S 43030'00"W 137.86 FEET TO THE POINT OF BEGINNING, CONTAINING 71,194 SQUARE FEET MORE OR LESS. {00061761.DOC / 1 } Dated: 2007 Sanders Subscribed and sw n to before me this %y day of 2007 by Lill WITNESS my hand a d official seal. q/o � Commission Expiration No ry blic {0006176LDOC / 1) Attachment I'D" to Petition for Annexation of Territory to the City of Aspen (Four Prints of Annexation Map) 10006176 IDOC / I) 1� IK�Gtt AUTHORIZATION LETTER"`..,, March 13, 2007 To: City of Aspen c/o John Worcester, City Attorney 130 South Galena Street Aspen, Colorado 81611 From: Pitkin County Board of County Commissioners Courthouse Plaza Annex Building 530 East Main Street Aspen, Colorado 81611 Re: Petition for Annexation Ladies and Gentlemen: Contemporaneous herewith, Pitkin County has executed that certain "Petition for Annexation of Territory to the City of Aspen" providing for the annexation of certain lands described therein into the City of Aspen pursuant to Colorado Revised Statutes 31-12-102 et seq. and pursuant to the City of Aspen Annexation Plan of September, 2005. Although Pitkin County is currently the owner of the lands described in the Petition for Annexation of Territory to the City of Aspen, Pitkin County has entered into a contract with Mollie Gibson Holdings, LLC ("Mollie Gibson") providing for Mollie Gibson's purchase of such lands, and providing for Mollie Gibson's right to pursue an annexation of such lands into the City of Aspen. Accordingly, with respect to such Petition for Annexation of Territory to the City of Aspen, this Authorization Letter will confirm that Pitkin County, Colorado consents and authorizes Mollie Gibson Holdings, LLC's filing, processing, circulation and publication of a Petition for Annexation of Territory to the City of Aspen pursuant to Colorado Revised Statutes 31-12-102 et seq. and pursuant to the City of Aspen Annexation Plan of September, 2005 with respect to the lands currently owned by Pitkin County, Colorado and as described on Exhibit A attached hereto; provided however, that at all times Pitkin County reserves the right to immediately revoke such consent and authorization upon delivery of written notice of such fact to the City of Aspen at the address set forth above. Additionally, such consent and authorization are subject to the further condition that the City of Aspen's final approval of the annexation of such lands into the City of Aspen shall only take effect after Pitkin County conveys title to such lands to Mollie Gibson Holdings, LLC, and such conveyance is evidenced by a recorded duly executed and acknowledged deed confirming the fact of such conveyance. (00066681.DOC / 2) k Finally, Mollie Gibson Holdings, LLC shall be solely responsible for all fees and costs to the City of Aspen with respect to this matter, and shall be solely responsible for all representations made to the City of Aspen with respect to this matter. PITKIN COUNTY BOARD OF COUNTY SIONERS :1 311319007 Date {0006668 LDOC / 2 } 8 KRABACHER I SANDERS PC. ATTORNEYS AND COUNSELORS AT LAW B.Joseph Krabacher Curtis B. Sanders Jennifer M. Causing' Diana G. Ettlinger Robert S. Hoover" David T. Hailey J.Patrick Boland" Also adm ed ir. New York and New Jarsey Aho admit ted in 1kkloi5 Admitted wlty in Penns➢Nwia and Texts Jerome Professional Building 201 N. MILL STREET, SUITE 201 ASPEN, COLORADO 81611-1557 T(970)925-6300 F(970) 925-1181 email: krabacher@krabacher.com Internet: www.krabacher.com March 14, 2007 Curtis B. Sanders csanders@krabacher.com Via Hand Delivery SAT rojW� John Worcester, Esq. 5 ��� Aspen City Attorney 130 South Galena Street, Second Floor Aspen, Colorado 81611 Re: Mollie Gibson Holdings, LLC; Petition for Annexation Dear John: Legal Assistants: Cheryl M. Heiberger Shayn D. McFarland With this letter I attach a Petition for Annexation with respect to certain metes and bounds property located in the vicinity of the lower section of Smuggler Mountain Road. I am delivering the Petition for Annexation on behalf of my client Mollie Gibson Holdings, LLC ("MGH"). The property which is the subject of the annexation is currently owned by Pitkin County, Colorado, but is the subject of a purchase and sale contract between MGH and Pitkin County, Colorado which expressly provides for MGH's processing of an annexation into the City of Aspen prior to the closing of the contract. By way of background, Pitkin County and MGH entered into the purchase and sale contract as part of a settlement of a current lawsuit involving the adjacent Sesame Street road as it crosses lands owned by Pitkin County. As you will see, the enclosed Petition for Annexation has been properly executed by the Chairman of the Pitkin County Board of County Commissioners, and is accompanied by an Authorization Letter (also properly executed by the Chairman of the Pitkin County Board of County Commissioners) which authorizes Mollie Gibson Holdings, LLC to pursue the Petition for Annexation. Please give this matter your prompt attention. Once I have confirmed that you have deemed the Petition for Annexation to be sufficient and complete, I would be happy to further discuss with you the general terms of a pre -annexation agreement between the City of Aspen and MGH, as well as why MGH believes that the City should take this opportunity to incorporate these lands into its boundaries. (00071628.DOC / 1 } k Very truly yours, KRABACHER & SANDERS, P.C., a Profes al Corporation By. ers Enc. cc: Mollie Gibson Holdings, LLC Christopher Seldin, Esq. 2870.28\1Worcester.01 {00071628.DOC / 1 } 1'-40' 0 40 80 LOT SUNNY PARK NORTH us -Mid I R THE CONTIGUOUS BOUNDARY TO THE CITY OF ASPEN FOR THIS ANNEXATION MAP WAS ESTABLISHED FROM THE RECORDED ANNEXATION MAP FOR THE ANTHONY BURMEN ANNEXATION MAP PLAT BOOK 3 AT PAGE 108 RECORDED SEPT 20 1966. AND SUNNY PARK NORTH BOUNDARY ADJUSTMENT AND ANNEXATIOVMAP PLAT BOOK 20 AT PAGE 2. SURVEY MONUMENT NO.4 RE -BAR WITH RED CAP L.S. 25947 F321111 \ :� I ( A IN TOTAL ANNEXATION PARCEL BOUNDARY PERIMETER 1234.44 FEET ONE SIXTH (1/6) PARCEL BOUNDARY PERIMETER 205.74 FEET CONTIGUOUS CITY BOUNDARY 222.55 FEET. A PARCEL OF LAND SITUATED IN SECTION 7 TOWNSHIP 10 SOUTH RANGE 84 WEST V I Q � j�, I N I T MAP OF THE 6rh PRINCIPAL MERIDIAN' PTIKIN� COUNTY COCORADO, 1'-500' MOLLIE GIBSON U.S.M.S. 4281 BOOK 175 PAGE 171 ,M ANNEXATION ANNEXATION PARCEL DESCRIPTION A PARCEL OF LAND SITUATED IN MOLLIE GIBSON PARK PARCEL DESCRIBED IN BOOK 455 AT PAGE 177 IN SECTION 7 TOWNSHIP 10 SOUTH RANGE 84 WEST OF THE 6 THE PRINCIPAL MERIDIAN COUNTY OF PITKIN STATE OF COLORADO DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF SAID MOLLIE GIBSON PARK PARCEL WHENCE THE CENTER 1/4 OF SAID SECTION BEARS N 30'43'48'W 2405.97 FEET: THENCE N 67*27'I7'W 186.82 FEET: THENCE N 41'54'48'W 35.73 FEET: THENCE 175.2I FEET ALONG A NON TANGENTIAL CURVE TO THE LEFT WHOSE RADIUS IS 290.57 FEET ( CHORD BEARS N 10*43'43-E 172.56 FEET): THENCE 92.69 FEET ALONG A NON TANGENTIAL CURVE TO THE LEFT WHOSE RADIUS IS 90.00 FEET l CHORD BEARS N 34*32'11-E 88.65 FEET: THENCE N 05*01'57-E 53.82 FEET: THENCE S 26'24'25'E 98.14 FEET: THENCE N 85'12'49-E 88.09 FEET: THENCE N 30'58'45-E 29.58 FEET: THENCE N 85'12'49-E 69.34 FEET: THENCE S I7'33'25-W 129.83 FEET: THENCE S 02'33'16'W 83.30 FEET THENCE S 40'01'50'E 54.03 FEET: THENCE S 45'30'00'W 137.86 FEET TO THE POINT OF BEGINNING, CONTAINING 71,194 SQUARE FEET MORE OR LESS. CERTIFICATION I JOHN HOWORTH HEREBY CERTIFY THAT THIS MAP WAS PREPARED UNDER MY SUPERVISION. SIGNED THISAY OF 11 2007. JOHN HOWORTH P.L.S. 25947 CITY ENGINEER'S APPROVAL THIS ANNEXATION MAP WAS APPROVED BY THE CITY OF ASPEN DEPARTMENT OF ENGINEERING THIS _ DAY OF ', 2007. TRICIA ARAGON, CITY ENGINEER CITY COUNCIL APPROVAL THIS ANNEXATION MAP WAS APPROVED BY THE CITY COUNCIL OF THE CITY OF ASPEN PITKIN COUNTY COLORADO THIS _ DAY OF 2007. AS EVIDENCED BY ORDINANCE NO. SERIES 2007� RECORDED WITH THE CLERK AND RECORDER OF PITKIN COUNTY AS RECEPTION NO. MAYOR ATTEST CITY CLERK CLERK AND RECORDERS CERTIFICATE THIS ANNEXATION MAP WAS ACCEPTED FOR FILING AT THE OFFICE OF THE CLERK AND RECORDER OF THE COUNTY OF PITKIN STATE OF COLORADO AT O'CLOCK M. THIS DAY OF 2007,-AND RECORDED IN PLAT BOOK ^ AT�PAGE _ AS RECEPTION NUMBER CLERK AND RECORDER PREPARED BY ASPEN SURVEY ENGINEERS INC. 210 SOUTH GALENA STREET ASPEN COLORADO 81611 PHONE/FAX (970) 925-3816 DATE JOB 2107 28146AN April 26, 2007 Pitkin County Cmmissioners ' 530 East Main Street Aspen, CO 81611 Gentlemen The City of Aspen Council has scheduled a public hearing Tuesday May 29, 2007 at 5:00 p.m. in the City Council Chambers, on the proposed annexation of the Sunny View annexation. The purpose of the hearing is to determine and make a finding whether the area proposed for annexation is eligible for annexation. Please call the City Clerk's office at 429- 2685 if you have any questions. Sincerely Kathryn S. 1 ch City Clerk Enclosure Resolution #30, 2067 Petition for Annexation By certified mail 130 SOOTH GALENA STREET ASPEN, COLORADO 81611-1975 • PHONE 970.920.5000 • FAx 970.920.5197 www. aspengov.com Printed on Recycled Paper RESOLUTION NO. _ (Series of 2007) 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 SUNNY VIEWS 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 March 13, 2007, 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 four annexation maps, have been reviewed by the City Attorneys 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; WHEREAS, Section 31-12-107(1)(g), C.R.S., mandates that the City of Aspen initiate annexation proceedings in accordance with Sections 31-12-108 to 31-12-110, C.R.S., whenever a petition is filed pursuant to subsection (1) of Section 31-12-107, C.R.S. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Section 1 That the Petition for Annexation of territory to the City of Aspen is hereby found and determined to be in substantial compliance with the provisions of subsection (1) of Section 31-12- 107, C.R.S. Section 2 That the City Council hereby detennines 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 May 28, 2007, 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 2 be returned when the publication is completed, and the certificate of the owner, editor, or manager of the newspaper in which said notice is published shall be proof thereof. A copy of the resolution and petition as filed, shall also be sent by registered mail by the clerk to the Pitkin County Board of County Commissioners and to the County Attorney of Pitkin County and to the Aspen School District at least twenty days prior to the date fixed for such hearing. Section 4 That pursuant to Section 31-12-115, C.R.S., the City Manager is hereby directed to initiate appropriate zoning procedures with regard to the territory proposed to be annexed, 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 Commissioners at least twenty five (25) days prior to the date established for a public hearing. INTRO CED, READ AND ADOPTED by the City Council of the City of Aspen on the day of 52007. 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. V011 City Clerk JPW- saved: 4/16/2007-812-G:\john\word\resos\Sunny Views-annl.doe 3 RESOLUTION NO. - (Series of 2007) 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 "SUNNY VIEWS 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 March 13, 2007, 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 four annexation maps, have been reviewed by the City Attorneys 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; WHEREAS, Section 31-12-107(1)(g), C.R.S., mandates that the City of Aspen initiate annexation proceedings in accordance with Sections 31-12-108 to 31-12-110, C.R.S., whenever a petition is filed pursuant to subsection (1) of Section 31-12-107, C.R.S. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Section 1 That the Petition for Annexation of territory to the City of Aspen is hereby found and determined to be in substantial compliance with the provisions of subsection (1) of Section 31-12- 107, C.R.S. Section 2 That the City Council hereby determines that it shall hold a public hearing to determine if the proposed annexation complies with Sections 31-12-104 and 31=12-105, C.R.S., and to establish whether or not said area is eligible for annexation pursuant to the Municipal Annexation Act of 1965, as amended; said hearing to be held at a regular meeting of the City Council of the City of Aspen at 5:00 o'clock p.m. on the May 28, 2007, 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 2 be returned when the publication is completed, and the certificate of the owner, editor, or manager of the newspaper in which said notice is published shall be proof thereof. A copy of the resolution and petition as filed, shall also be sent by registered mail by the clerk to the Pitkin County Board of County Commissioners and to the County Attorney of Pitkin County and to the Aspen School District at least twenty days prior to the date fixed for such hearing. Section 4 That pursuant to Section 31-12-115, C.R.S., the City Manager is hereby directed to initiate appropriate zoning procedures with regard to the territory proposed to be annexed, 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 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 , 2007. Helen Kaliti Klanderud, Mayor 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. Koch, City Clerk JPW- saved: 4/16/2007-812-G:\john\word\resos\Sunny Views-ann 1.doc ar AUTHORIZATION LETTER March 13, 2007 To: City of Aspen c/o John Worcester, City Attorney 130 South Galena Street Aspen, Colorado 81611 From: Pitkin County Board of County Commissioners Courthouse Plaza Annex Building 530 East Main Street Aspen, Colorado 81611 Re: Petition for Annexation Ladies and Gentlemen: Contemporaneous herewith, Pitkin County has executed that certain "Petition for Annexation of Territory to the City of Aspen" providing for the annexation of certain lands described therein into the City of Aspen pursuant to Colorado Revised Statutes 31-12-102 et seq. and pursuant to the City of Aspen Annexation Plan of September, 2005. Although Pitkin County is currently the owner of the lands described in the Petition for Annexation of Territory to the City of Aspen, Pitkin County has entered into a contract with Mollie Gibson Holdings, LLC ("Mollie Gibson") providing for Mollie Gibson's purchase of such lands, and providing for Mollie Gibson's right to pursue an annexation of such lands into the City of Aspen. Accordingly, with respect to such Petition for Annexation of Territory to the City of Aspen, this Authorization Letter will confirm that Pitkin County, Colorado consents and authorizes Mollie Gibson Holdings, LLC's filing, processing, circulation and publication of a Petition for Annexation of Territory to the City of Aspen pursuant to Colorado Revised Statutes 31-12-102 et seq. and pursuant to the City of Aspen Annexation Plan of September, 2005 with respect to the lands currently owned by Pitkin County, Colorado and as described on Exhibit A attached hereto; provided however, that at all times Pitkin County reserves the right to immediately revoke such consent and authorization upon delivery of written notice of such fact to the City of Aspen at the address set forth above. Additionally, such consent and authorization are subject to the further condition that the City of Aspen's final approval of the annexation of such lands into the City of Aspen shall only take effect after Pitkin County conveys title to such lands to Mollie Gibson Holdings, LLC, and such conveyance is evidenced by a recorded duly executed and acknowledged deed confirming the fact of such conveyance. 100066681.DOC / 2 } Finally, Mollie Gibson Holdings, LLC shall be solely responsible for all fees and costs to the City of Aspen with respect to this matter, and shall be solely responsible for all representations made to the City of Aspen with respect to this matter. U-In Date 1 { 00066681.DOC / 2 } PETITION FOR ANNEXATION OF TERRITORY TO THE CITY OF ASPEN THE UNDERSIGNED (hereinafter referred to as the "Petitioner") hereby petitions the Council of the City of Aspen, Colorado for the annexation of an area, to be referred to as the "Annexation" to the City of Aspen, said area is more particularly described on Attachment "A" attached hereto. The Petitioner alleges: 1. That is desirable and necessary that such area be annexed to the City of Aspen. 2. That the requirements of Section 31-12-104 and 31-12-108, C.R.S. exist or have been met. 3. That not less than one -sixth (1/6) of the perimeter of the area 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. 7. That the Petition herein comprises more than fifty percent (500) of the landowners in the area and owns more than fifty percent (500) of the area to be annexed, excluding public street, alleys and lands owned by the City of Aspen. WHEREFORE, said Petitioner requests that the Council of the City of Aspen approve the annexation of the area described on Attachment "A", legal description of the land. The Petitioner reserves the right to withdraw this Petition and its signature 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. The Petitioner signing this Petition represents that it owns all of the area described on Exhibit "A". {00061761.DOC / 1 } IN WITNESS WHEREOF, the undersigned has executed this Petition for Annexation this /31'4 day of dL , 2007. BOAFV QF CO TY OMMVONESOF PITKIN COUNTY, COLORADO By: Mi#lael M. wsley, Chairman Petitioner's Signature Board of County Commissioners of Pitkin County, Colorado Petitioner's Printed Name Courthouse Plaza Annex Building, 530 East Main Street Address Aspen, Colorado 81611 City, State, Zip Code (0006176LDOC/ 1) Attachment "A" to Petition for Annexation of Territory to the City of Aspen (Legal Description of Area to be Annexed) A PARCEL OF LAND SITUATED IN MOLLIE GIBSON PARK PARCEL DESCRIBED IN BOOK 455 AT PAGE 177 IN SECTION 7, TOWNSHIP 10 SOUTH, RANGE 84 WEST OF THE 6 TH PRINCIPAL MERIDIAN, COUNTY OF PITKIN STATE OF COLORADO DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF SAID MOLLIE GIBSON PARK PARCEL WHENCE THE CENTER 1/4 OF SAID SECTION BEARS N 30043'48"W 2405.97 FEET; THENCE N 67027'17"W 186.82 FEET; THENCE N 41054'48"W 35.73 FEET; THENCE 175.21 FEET ALONG A NON TANGENTIAL CURVE TO THE LEFT WHOSE RADIUS IS 290.57 FEET (CHORD BEARS N 10043'43"E 172.56 FEET); THENCE 92.69 FEET ALONG A NON TANGENTIAL CURVE TO THE LEFT WHOSE RADIUS IS 90.00 FEET (CHORD BEARS N 34032'11" E 88.65 FEET; THENCE N 05001'57"E 53.82 FEET; THENCE S 26024'25"E 98.14 FEET; THENCE N 85012'49"E 88.09 FEET; THENCE N 30058'45"E 29.58 FEET; THENCE N 85012'49"E 69.34 FEET; THENCE S 17033'25"W 129.83 FEET; THENCE S 02033'16"W 83.30 FEET; THENCE S 40001'50"E 54.02 FEET; THENCE S 43030'00"W 137.86 FEET TO THE POINT OF BEGINNING, CONTAINING 71,194 SQUARE FEET MORE OR LESS. {00061761.DOC / 1 } Attachment "B" to Petition for Annexation of Territory to the City of Aspen (Affidavit of Circulator) STATE OF COLORADO ) COUNTY OF PITKIN ) The undersigned, being first duly sworn upon his oath states: That he was the circulatory of the attached Petition for Annexation and that each signature therein is the signature of the person whose name 3�urports to be. Circulator's Si'snnature SI. scribed and sw %to of re,me thf day of 2007 by WIT ESS my hand and officia seal. �+ *'TPA" r, 100061761.DOC / 1) Attachment "C" to Petition for Annexation of Territory to the City of Aspen (Proof of Ownership) I, Curtis B. Sanders, as an attorney licensed by the State of Colorado, hereby certify that the Board of County Commissioners of Pitkin County, Colorado is the sole record owner of the real property described immediately below (the "Property"), and therefore constitutes more than 500 of the landowners in the area proposed for annexation, as said area is described immediately below, and more than 500 of the land in such area, exclusive of streets and alleys: A PARCEL OF LAND SITUATED IN MOLLIE GIBSON PARK PARCEL DESCRIBED IN BOOK 455 AT PAGE 177 IN SECTION 7, TOWNSHIP 10 SOUTH, RANGE 84 WEST OF THE 6 TH PRINCIPAL MERIDIAN, COUNTY OF PITKIN STATE OF COLORADO DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF SAID MOLLIE GIBSON PARK PARCEL WHENCE THE CENTER 1/4 OF SAID SECTION BEARS N 30043'48"W 2405.97 FEET; THENCE N 67027'17"W 186.82 FEET; THENCE N 41054'48"W 35.73 FEET; THENCE 175.21 FEET ALONG A NON TANGENTIAL CURVE TO THE LEFT WHOSE RADIUS IS 290.57 FEET (CHORD BEARS N 10043'43"E 172.56 FEET); THENCE 92.69 FEET ALONG A NON TANGENTIAL CURVE TO THE LEFT WHOSE RADIUS IS 90.00 FEET (CHORD BEARS N 34032'11" E 88.65 FEET; THENCE N 05001'57"E 53.82 FEET; THENCE S 26024'25"E 98.14 FEET; THENCE N 85012'49"E 88.09 FEET; THENCE N 30058'45"E 29.58 FEET; THENCE N 85012'49"E 69.34 FEET; THENCE S 17033'25"W 129.83 FEET; THENCE S 02033'16"W 83.30 FEET; THENCE S 40001'50"E 54.02 FEET; THENCE S 43030'00"W 137.86 FEET TO THE POINT OF BEGINNING, CONTAINING 71,194 SQUARE FEET MORE OR LESS. 0006176LDOC / 1) Dated: AA=2-,, Jk/ 2007 anders Subscribed and sw n to before me this /`/ day of 2007 by 11 ?rl'cLuo WITNESS my hand a d official seal. -lAgl Commission Expiration CIL, I L�10-e__j No ry Public 100061761.DOC / 1 } Attachment "D" to Petition for Annexation of Territory to the City of Aspen (Four Prints of Annexation Map) {00061761.DOC / I)