Loading...
HomeMy WebLinkAboutresolution.council.070-02 RESOLUTION NO. ~ (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, COMMONLY KNOWN AS THE "MAROON CREEK ROAD RIGHT-OF-WAY 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-I05, 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 9. 2002. Patti Clapper, Chairperson of Board of County Commissioners of Pitkin County, on behalf of the Board of County Commissioners of Pitkin County, the owner of the property proposed to be annexed, did file with the City Clerk of the City of Aspen a Petition for Annexation of territory to the City of Aspen, whereby real property described in Exhibit "A" appended to the Petition for Annexation, is being petitioned for 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 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 htmdred percent (100%) of the owners of the affected property have consented to annexation of their propm'ty 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 CO~CIL 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 th© 23rd day of September, 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 requirements of Sections 31-12-104 and 31-12:105, C.RiS., and is considered eligible for 2 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 heating. The prOof ofpublicati0n of the resolution shall be returned when the publication is completed, and the certificate of the owner, editor, or manager of the newspaper in which said notice is published shall be proof thereof. A copy of the resolution and petition as filed, shall also be sent by registered mail by the clerk to the Pitkin County Board of County Commissioners and to the County Attorney of Pitkin County and to the Aspen School District at least twenty days prior to the date fixed for such hearing. Section 4 That pursuant to Section 31-12-115, C.R.S., the City Manager is hereby directed to in/tiate appropriate zoning procedures with regard to the territory proposed to be annexed. INTROD,~CED, READ AND ADOPTED by the City Council of the City of Aspen on the 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. I~h; City Ci'erk PETITION FOR ANNEXATION OF TERRITORY TO THE CITY OF ASPEN. COLORADO The undersigned Petitioner, being the land owner within the exterior boundary of the territory herinafter 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 31-8-101, et. Seq., 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 31-104 and 31-8-105 exist or have been met. 3. The Petitioner.is the owner of the territory sought to be annexed and therefore is the owner of more than 50% of the territory sought to be annexed. LAND DESCRIPTION: The legal description of the land owner by Petitioner for which armexation is sought is as follows: SEE ATTACHMENT ATTACHMENTS: Accompanying this. Petit/on are the following:. (a) C/rculator's affidavit (b) Proof of Ownership (copy of Title Commitment from Stuart Title) (c) Four (4) prints of an annexation map containing the information required by C.R.S. 1973 31-8-107 NAME MAILING ADDRESS DATE S IGJ>,rlATURE AFFIDAVIT OF CIRCULATOR STATE OF COLORADO County of Pitkin The undersigned, being duly sworn, deposes and stores as follows: 1. I am over the age of 21 years 2. I am the circulator f the foregoing Petition; and, 3. Each signature thereon is the signature of the person whose name purports to be. Subscrib, g.~t and sworn to b~fore me on this ~'~ '~'~day of _,c/,.~'P'O..'.'.'.'.'.'.'.'.~ by ,~/Z &, ~t/~? WITNESS MY HAND AND SE~L. OFFICIAL . My co=ission expires: ANNEXATION PARCEL DESCRIPTIONS: PARCELS OF LAND SITUATED IN A PORTION OF SECTIONS 11 AND 12, TOWNSHIP l0 SOUTH. RANGE 85 WEST OF THE 6th P.M. SAID PARCELS BEING MORE PARTICULARLY DESCRIBED AS POLLOWS: ANNEXATION I~ARCEL A PROPERTY DESCRIPTION Commencing at the S I/4 CORNER SECTION I 1 T 10 S, R 85 W OF 6th P.M.. A FOUND REBAR & CAP, ILLEGIBLE 'LS 9018 RECORD); thence N.gs°56'32"W.. a distance of 1 I2.89 feet to a point on the easterly boundary oflselin Park P.U.D. the true point of beginning; thence N.88°57'31 "W.. along said boundary line a distance of I6.95 feet; thence continuing along said boundary line N.12°03'29"E.. a distance of 191.00 feet; thence cont~uing along said boundary, line N.02°lY29"E., a distance of 41.23 feet: thence leaving said boundary line N. I0°40'I6"E., a distance of 398.85 feet to a point on the westerly boundary of the Aspen School DistriCt property; thence S.01 °51'57 "W.. along said boundary line a distance of 283.96 feet to the Northwest comer of Open Space Area 2 of the Moore Family P.U.D.: thence S.01°51'57"W., along the westerly boundary of said Open Space Area 2 a distance of 227.87 feet; thence continuing along said boundary a distance of 113.35 feet along the arc ora non-tangent curve to the right having a radius of 312.29 feet and a central angle of 20°47'4-'' (chord hears S.i2~15'39"W. 1 I2.73 feet~: thence leaving said boundary N.88°32'16"W., a distance of 57.82 feet; to the POINT OF BEGINNING. Containing 28,475 square feet or 0.654 acres, more or less. ANNEXATION PARCEL B PROPERTY DESCRIPTION Commencing at the S 1/4 CORNER SECTION 11 T 10 5. R 85 W OF 6th P,M. FOUND REBAR & CAP, ILLEGIBLE (LS 9018 RECORD); thence N.2I°01'20"W,, a distance of 246.67 feet to the Southeast comer of that property described in REC #388528 of the Pitkth County records the true point of beginning; thence N.0 l °57'23 "E., along the boundary of said property a distance of 739.66 feet; thence continuing along said boundary of said property N.01 °52'47"E.. a distance of 326.10 feet: thence leaving the boundary of said property S,03'13'23"E.. a distance of 674.27 feet to a point on the westerly boundary line of the Aspen School District property; thence leaving said boundary S. 10°40't6"W., a distance of 398.85 feet to the POINT OF BEGINNING. Containing 32, I28 square feet or 0.738 acres, more or less. ANNEXATION PARCEL C PROPERTY DESCRIPTION Commencing at the S 1/4 CORNER SECTION 11 T 10 S. R 85 W OF 6th P.M. FOUND REBAR & CAP. ILLEGIBLE (LS 9018 RECORD); thence N.02°l 8'53"W. a distance of 1296.59' feet to a point on the boundary of that propert3 described in REC #388528 of the Pitkin County records the true point of beginning; thence along said boundary line a distanca of 316.43 feet along the arc of a non-tangent curve to the right having a radius of 205.42 feet and a central angle of 88° 15'31" , chord bears N.46°00'31 "E. 286.06 feet); thence leaving said boundary line S.86°30'03"E.. a distance of 841.81 feet to a point on the boundary of the Aspen School District property; thence the following four (4) courses 1. S.88'51'57!'W.. a distance of 291.77 feet 2. S.89°40'57"W.. a distance of 550.04 feet 3. a distance of 222.88 feet along the arc ora non-tangent curve to the lefe having a radias of I45.42 feet and a central angle of 87049'00.' '~chord bears S.45%6'27"W. 201.70 feet) 4. S.01'51'57"W.. adistance of 671.36 feet; thence N.03°I3'23"W.. a distance of 674.27 feet to the POINT OF BEGINNING.Containing 62,730 square feet or 1.440 acres, more or less. ANNEXATION PARCEL D PROPERTY DESCRIPTION Commencing at the S 1/4 CORNER SECTION 11 T I 0 S, R 85 W OF 6th P.M. FOLrND REBAR & CAP, ILLEGIBLE (LS 9018 tLECORD); thence N.05°5I'47"E., a distance of 1502.07 feet to a point on the boundary of that property described in REC #388528 of the Pitkin Count) records the true point of beginning; thence the following four (4) courses 1: N.89°41'47"E., a distance of 547.59 feet 2. N.88°52'47"E., a distance of 745.86 feet 3. a distance of 320.74 feet along the arc of carve to the left having a radius of 1,~47.35 feet and a central angle of 12%t'49" [chord bears N.82a31'52"E. 320.08 feet) 4. N.76°I0'58"E._ a distance of.370.00 feet; thence S.75°06't 1 "W., a distance of 798.34 feet to the Southwest comer of Maroon Creek Road right-of- way as dedicated on the plat of Meadowood Subdivision Filing Two: thence N.00%0'I 9"E., along the westerly boundary of said right-of-way and right-of-way extended 13.54 feet; thence leaving said right-of- way and right-of-way extended S.88°48'31 "W.. along the northerly boundary of the Moore Farrfily P.U.D. and the northerly boundary extended 58.43 feet: thence continuing along said northerly boundary S.88°52'08"W.. a distance of 300.00 feet: thence leaving said northerly boundary N.86°30'03"W., a distance of 841.81 feet to the POINT OF BEGINNING. Containing 59,884 square feet or 1.375 acres, more or less. ANNEXATION PARCEL E PROPERTY DESCRIPTION Commencing at the S 1/4 CORNER SECTION I 1 T 10 S. R 85 W OF 6th P.M. FOUND REBAR & CAP, ILLEGIBLE (LS 9018 RECORD); thence N.52°17'28"E.. a distance of 2684.00 feet to a point on the boundary line of that property described in REC #388528 of the Pitkin County records the true point of beginning; thence the following tkree (3) courses 1. a distance of 338.28 feet along the arc of a non-tangent curve to the left having a radius of 440.00 feet and a central angle of44°03'00" chord bears N.54°09'28"E. 330.01 feet) 2. N.32°07'58"E., a distance of 492.10 feet 3. N.00°25'13"W., a distance of 92.66 feet to a point on the southerly right-of-way of State Highway No. 82; thence along said southerly right-of-way a distance of 139.44 fee~,along the arc of a non-tangent curve to the left having a radius of 1196.00 feet and a central angle of 06°40'49" (chord bears S.58°09'27"E. 139.36 feet); thence leaving said right-of-way S.24°44'38"W.. a distance of 114.70 feet; thence S.42°43'08"W., a distance of 189.74 feet to a point on the southerly right-of-way bounda~, of Maroon Creek road as dedicated on the Meadownod Filing Two Plat; thence the following four (4) course: 1. S.32°07'19"W.. adistance of 270.2I feet 2. a distance of 392.I 0 feet along the am of curve to the right having a radius of 510.00 feet and a central angle of44~03'00'' (chord bears S.54~08'49"W. 382.51 feet) 5. S.76°10'19"W.. a distance of 370.00 feet 4. a distance of 432.75 feet along the arc of curve to the right having a radius of 1,710.00 feet and a central angle of 14°30'00" (chord bears S.83°25'19"W. 431.60 feet); thence N.75°06 11 "E. 798.34 feet to the POINT OF BEGINNING. Containing 114.761 square feet or 2.635 acres, more or [ess.