HomeMy WebLinkAboutresolution.council.006-99
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RESOLUTION NO.
(Series of1999)
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A RESOLUTION OF THE CITY COUNCIL OF ASPEN, COLORADO, RELATNE TO THE
PETITION FOR ANNEXATION OF TERRITORY TO THE CITY OF ASPEN, COMMONLY
KNOWN AS THE "BURLINGAME RANCH"; 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 January 20, 1999, the City Manager on behalf of the City of Aspen, 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 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
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WHEREAS, Section 31-12-107(1)(g), C.RS., mandates that the City of Aspen initiate
annexation proceedings in accordance with Sections 31-12-108 to 31-12-110, C.RS., 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 22th day of February, 1999, 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
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/""". annexation. Said notice shall be published once a week for four consecutive weeks ina 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 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.
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INTRODUCED, READ AND ADOPTED by the City Council of the City of Aspen on the
~day of>l-/! JLh~1999.
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John S. Bennett, 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.
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PETITION FOR ANNEXATION
"Burlingame Ranch Annexation"
WHEREAS, the City of Aspen is the owner of certain real property located in an
unincorporated area of Pitkin County, Colorado, commonly referred to as the Burlingame Ranch,
more particularly described in Exhibit "A" attached hereto and incorporated herein by this
reference; and
WHEREAS, the City of Aspen desires to annex said real property to the City of Aspen;
and
WHEREAS, the City Manager of the City of Aspen has requested annexation of real
property owned by the Colorado Department of Transportation comprising a portion of State
Highway 82 adjoining the City of Aspen, Pitkin County, Colorado, to the City of Aspen; and
WHEREAS, the Colorado Department of Transportation have by correspondence dated
July 13, 1998, indicated that annexation of Transportation Department property by entities other
than the Department may proceed under the provisions of Colorado Revised Statute 31-12-
105(e), without their consent, permission or participation (see Exhibit "B" attached hereto);
1"\ NOW, THEREFORE, the undersigned on behalf of the City of Aspen and in accordance
with Article 12, Chapter 31, C.R.S. as amended, hereby petition the City Council of the City of
Aspen, Colorado, for annexation to the City of Aspen the unincorporated real property more
particularly described below, to be known as "Burlingame Ranch", and in support of said
Petition, your petitioners allege that:
1. It is desirable and necessary that the territory described in Exhibit "A" attached
hereto and incorporated herein by reference be annexed to the City of Aspen, Colorado.
2. Not less than one-sixth (1/6) of the perimeter of the area proposed to be annexed
is contiguous with the City of Aspen, Colorado.
3. A community of interest exists between the territory proposed to be annexed and
the City of Aspen, Colorado.
4.
future.
The territory proposed to be annexed is urban or will be urbanized in the near
5. The territory proposed to be annexed is integrated or is capable of being integrated
with the City of Aspen.
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6. The signatures on the Petition comprise one hundred percent (100%) of the
landowners of the territory to be included in the area proposed to be annexed and said
r" landowners attesting to the facts and agreeing to the conditions herein contained will negate the
necessity of an annexation election.
7. No part of the territory to be annexed is more than three (3) miles from a point on
the municipal boundary, as such.was established less than one year from the date of this Petition.
8.
distriCt.
The proposed annexation will not result in the detachment of area from any school
9. The mailing address of each signer, the legal description of the land owned by the
signer as legal representative of the owner, and the date of signing of each signature are all
shown on this Petition.
10. Attached to this Petition as Exhibit "C" and by this reference incorporated herein
is an annexation map containing the information required by Section 31-12-107(1)(d), C.RS.,
11. The territory to be annexed is not presently a part of any incorporated city, city
and county, or town.
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Dated: ~
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City ager,
City of Aspen
130 S. Galena Street
Aspen, Colorado 81611
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EXHIBIT "A"
LEGAL DESCRIPTION
BURLINGTON RANCH ANNEXATION MAP TO THE CITY OF ASPEN LOCATED IN THE
Wl/2 OF SECTION 2, AND SECTION 3 AND THE NWl/4 OF THE NWl/4 OF SECTION II, ALL
IN nos, R85W OF THE 6TH P.M., PITKIN COUNTY, COLORADO, DESCRIBED AS
FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 3 FROM WHICH THE
El/4 CORNER OF SAID SECTION 3 BEARS S03054'00"W, THENSE S03054'00"W, 60.83 FEET
ALONG THE EAST LINE OF THE NEl/4 OF SAID SECTION 3 TO THE SOUTHEASTERLY
LINE OF THAT TRACT OF LAND AS DESCRIBED IN DEED RECORDED IN BOOK 243 AT
PAGE 773 OF THE RECORDS OF PITKIN COUNTY, COLORADO, AND THE TRUE POINT OF
BEGINNING;
THENCE CONTINUING S03054'00"W, 1257.19 FEET ALONG THE EAST LINE OF THE NEl/4
OF SAID SECTION 3 TO THE NORTHWEST CORNER OF GOVERNMENT LOT 6 IN SAID
SECTION 2;
THENCE S89008'49"E, 902.74 FEET ALONG THE NORTH LINE OF SAID GOVERNMENT LOT
6 TO THE WESTERLY LINE OF THAT TRACT OF LAND AS DESCRIBED IN DEED
RECORDED IN BOOK 351 AT PAGE 144 OF THE RECORDS OF PITKIN COUNTY,
COLORADO;
1"\ THE FOLLOWING COURSES AND DISTANCES ARE ALONG THE WESTERLY LINE OF
THAT TRACT OF LAND AS DESCRIBED IN SAID BOOK 351 AT PAGE 144;
THENCE Sl1 056'08"W, 109.12 FEET;
THENCE S02019'31"W, 688.34 FEET;
THENCE SOoo09'12"E, 57.52 FEET;
THENCE S24033'30"E, 90.25 FEET;
THENCE S23006'36"E, 294.29 FEET;
THENCE SI9000'16"E, 80.14 FEET;
THENCE SOl o 13'45"E, 243.16 FEET;
THENCE S02009'17"W, 165.45 FEET TO THE NORTH LINE OF THAT TRACT OF
LAND AS DESCRIBED IN DEED RECORDED IN BOOK 181 AT PAGE 320 OF THE
RECORDS OF PITKIN COUNTY, COLORADO;
THENCE LEAVING THE WESTERLY LINE OF THAT TRACT OF LAND AS DESCRffiED IN
SAID BOOK 351 AT PAGE 144, N87013'00"W, 324.69 FEET ALONG THE NORTHERLY LINE
OF THAT TRACT OF LAND AS DESCRIBED IN SAID BOOK 181 AT PAGE 320 TO THE
NORTHWEST CORNER THEREOF;
THENCE SOI046'OO"E, 610.40 FEET ALONG THE WEST LINE OF THAT TRACT OF LAND AS
DESCRffiED IN SAID BOOK 181 AT PAGE 320 TO THE SOUTHWEST CORNER THEREOF;
THENCE S85027'06"E, 292.75 FEET ALONG THE SOUTH LINE OF THAT TRACT OF LAND
AS DESCRIBED IN SAID BOOK 181 AT PAGE 320;
THENCE S04046'50"W, 66.81 FEET TO THE NORTHERLY LINE OF MAROON CREEK CLUB
SUBDIVISION (NORTH) ANNEXATION (NORTH PARCEL), AN ANNEXATION MAP
RECORDED IN PLAT BOOK 41 AT PAGE 77 OF THE RECORDS OF PITKIN COUNTY,
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THE FOLLOWING COURSES AND DISTANCES ARE ALONG THE NORTHERLY AND
SOUTHWESTERLY LINES OF SAID MAROON CREEK CLUB SUBDIVISION (NORTH)
ANNEXATION (NORTH PARCEL):
THENCE N88009'03"W, 79.98 FEET;
THENCE N87038'24"W, 105.68 FEET;
THENCE N87048'18"W, 142.90 FEET;
THENCE N87011'08"W, 67.69 FEET;
THENCE NI0026'00"W, 26.19 FEET;
THENCE N48035'00"W, 15.27 FEET;
THENCE N59014'00"W, 131.Q7 FEET;
THENCE N69014'00"W, 39.52 FEET;
THENCE N75047'OO"W, 94.37 FEET;
THENCE N78044'00"W, 203.36 FEET;
THENCE N73003'00"W, 50.29 FEET;
THENCE N640lO'OO"W, 79.10 FEET;
THENCE N55044'00"W, 75.14 FEET;
THENCE N58008'00"W, 86.98 FEET;
THENCE N62000'00"W, 70.17 FEET;
THENCE N64030'00"W, 328.51 FEET;
THENCE S42012'16"W, 2.57 FEET;
THENCE N64030'00"W, 37.66 FEET;
THENCE N60013'00"W, 308.40 FEET;
THENCE SOUTHEASTERLY, 793.16 FEET ALONG THE ARC OF A CURVE CONCAVE
TO THE NORTHEAST TO A POINT TANGENT, SAID ARC HAVING A RADIUS OF
2242.00 FEET, A CENTRAL ANGLE OF 20016'11" AND BEING SUBTENDED BY A
CHORD THAT BEARS S24000'55"E, 789.03 FEET;
THENCE S34009'00"E, 124.60 FEET TO A POINT OF CURVE TO THE LEFT;
THENCE SOUTHEASTERLY, 1934.59 FEET ALONG THE ARC OF SAID CURVE TO
THE MOST SOUTHERLY CORNER OF SAID MAROON CREEK CLUB SUBDIVISION
(NORTH) ANNEXATION (NORTH PARCEL), SAID ARC HAVING A RADIUS OF
5680.00 FEET, A CENTRAL ANGLE OF 19030'53" AND BEING SUBTENDED BY A
CHORD THAT BEARS S43054'27"E, 1925.25 FEET;
THENCE LEAVING THE SOUTHWESTERLY LINE OF SAID MAROON CREEK CLUB
SUBDIVISION (NORTH) ANNEXATION (NORTH PARCEL), SOI001'42"W, 134.16 FEET TO
THE SOUTHWESTERLY RIGHT-OF-WAY LINE OF COLORADO STATE HIGHWAY NO. 82;.
THENCE NORTHWESTERLY 2049.61 FEET ALONG THE SOUTHWESTERLY RIGHT-OF-WAY
LINE OF SAID COLORADO STATE HIGHWAY NO. 82 AND ALONG THE ARC OF A CURVE
CONCAVE TO THE NORTHEAST TO A POINT TANGENT, SAID ARC HAVING A RADIUS OF
5790.00 FEET, A CENTRAL ANGLE OF 200 16'56" AND BEING SUBTENDED BY A CHORD
THAT BEARS N440 17'28"W, 2038.93 FEET;
THENCE N34009'00"W, 124.60 FEET ALONG THE SOUTHWESTERLY RIGHT-OF-WAY LINE
OF SAID COLORADO STATE HIGHWAY 82 TO A POINT OF CURVE TO THE RIGHT;
THENCE NORTHWESTERLY 155.91 FEET ALONG THE SOUTHWESTERLY RIGHT-OF-WAY
LINE OF SAID COLORADO STATE HIGHWAY NO. 82 AND ALONG THE ARC OF SAID
CURVE TO THE SOUTH LINE OF GOVERNMENT LOT 10 IN SAID SECTION 3, SAID ARC
HAVING A RADIUS OF 2352.00 FEET, A CENTRAL ANGLE OF 03047'53" AND BEING
SUBTENDED BY A CHORD THAT BEARS N320 15'04"W, 155.88 FEET;
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THENCE N89056'00"W, 1098.94 FEET ALONG THE SOUTH LINE OF SAID GOVERNMENT
LOT 10 TO THE SOUTHWEST CORNER THEREOF;
THENCE SOl 034'00"W, 23.47 FEET ALONG THE EAST LINE OF GOVERNMENT LOT 21 IN
SAID SECTION 3 TO THE NORTHEAST CORNER OF THAT TRACT OF LAND AS
DESCRIBED IN DEED RECORDED IN BOOK 225 PAGE 154 OF THE RECORDS OF PITKIN
COUNTY, COLORADO;
THENCE S89041'00"W; 206.33 FEET ALONG THE NORTHERLY LINE OF THAT TRACT OF
LAND AS DESCRffiED IN SAID BOOK 225 AT PAGE 154;
THENCE N26053'30"W, 1216.83 FEET;
THENCE N3800TOO"W, 1444.04 FEET;
THENCE N07010'1O"W, 1488.39 FEET TO THE NORTH LINE OF THE NWl/4 OF SAID
SECTION 3;
THENCE N89056'00"E, 618.12 FEET ALONG THE NORTH LINE OF THE NWl/4 OF SAID
SECTION 3 TO THE NORTHWEST CORNER OF THAT TRACT OF LAND AS DESCRffiED IN
DEED RECORDED IN BOOK 335 AT PAGE 369 OF THE RECORDS OF PITKIN COUNTY,
COLORADO;
THE FOLLOWING COURSES AND DISTANCES ARE ALONG THE SOUTHWESTERLY LINE
OF THAT TRACT OF LAND AS DESCRIBED IN SAID BOOK 335 AT PAGE 369:
THENCE S30022'29"E, 17.25 FEET;
THENCE S27041 '12"E, 282.96 FEET;
THENCE S27041'57"E, 276.68 FEET;
THENCE S27012'27"E, 186.22 FEET;
THENCE S24023'50"E, 51.90 FEET;
THENCE S21 034'04"E, 53.59 FEET;
THENCE S190 19'41 "E, 102.13 FEET;
THENCE SI9020'26"E, 127.95 FEET;
THENCE SI9039'27"E, 169.52 FEET;
THENCE S20035'30''E, 125.21 FEET;
THENCE S23031'48"E, 123.79 FEET;
THENCE S25054'56"E, 254.98 FEET;
THENCE S29009'23"E, 154.34 FEET TO THE SOUTHWEST CORNER OF THAT TRACT
OF LAND AS DESCRIBED IN SAID BOOK 335 AT PAGE 369;
THENCE LEAVING THE SOUTHWESTERLY LINE OF THAT TRACT OF LAND AS
DESCRIBED IN SAID BOOK 335 AT PAGE 369, N69017'08"E, 4.95 FEET ALONG THE
SOUTHEASTERLY LINE OF THAT TRACT OF LAND AS DESCRIBED IN SAID BOOK 335 AT
PAGE 369 TO THE NORTHEASTERLY LINE OF THAT TRACT OF LAND AS DESCRffiED IN
DEED RECORDED IN BOOK 187 AT PAGE 321 OF THE RECORDS OF PITKIN COUNTY,
COLORADO;
THE FOLLOWING COURSES AND DISTANCES ARE ALONG THE NORTHEASTERLY LINE
OF THAT TRACT OF LAND AS DESCRIBED IN SAID BOOK 187 AT PAGE 321:
THENCE S29013'00"E, 0.18 FEET;
THENCE S4103TOO"E, 155.39 FEET;
THENCE S44000'00"E, 237.32 FEET;
THENCE S31 041'00"E, 232.32 FEET;
THENCE S32011'00"W, 65.03 FEET;
THENCE S02059'00"E, 343.90 FEET;
THENCE N63036'OO"E, 212.26 FEET;
THENCE S75029'00"E, 78.92 FEET;
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THENCE S67051'00"E, 44.38 FEET;
THENCE S54015'00"E, 683.85 FEET TO THE WESTERLY RIGHT-OF-WAY LINE OF
COLORADO STATE HIGHWAY NO. 82 AS DESCRIBED IN DEED RECORDED IN
BOOK 157 AT PAGE 535 OF THE RECORDS OF PITKIN COUNTY, COLORADO;
THENCE LEAVING THE NORTHEASTERLY LINE OF THAT TRACT OF LAND AS
DESCRIBED IN SAID BOOK 187 PAGE 321, NORTHWESTERLY, 50.40 FEET ALONG THE
WESTERLY RIGHT-OF-WAY LINE OF SAID COLORADO STATE HIGHWAY NO. 82 AND
ALONG THE ARC OF A CURVE CONCAVE TO THE NORTHEAST, SAID ARC HAVING A
RADIUS OF 2352.00 FEET, A CENTRAL ANGLE OF 1013'40" AND BEING SUBTENDED BY A
CHORD THAT BEARS N11 006'50"W, 50.40 FEET;
THENCE N79030'OO"E, 10.00 FEET ALONG THE WESTERLY RIGHT-OF-WAY LINE OF SAID
COLORADO STATE HIGHWAY NO. 82;
THENCE NORTHWESTERLY, 295.89 FEET, ALONG THE WESTERLY RIGHT-OF-WAY LINE
OF SAID COLORADO STATE HIGHWAY NO. 82 AND ALONG THE ARC OF A CURVE
CONCAVE TO THE NORTHEAST, SAID ARC HAVING A RADIUS OF 2342.00 FEET, A
CENTRAL ANGLE OF 7014'20" AND BEING SUBTENDED BY A CHORD THAT BEARS
N06052'50"W, 295.70 FEET;
THENCE S89039'09"E, 100.21 FEET TO THE EASTERLY RIGHT-OF-WAY LINE OF SAID
COLORADO STATE HIGHWAY NO. 82;
THENCE NORTHERLY, 260.43 FEET ALONG THE EASTERLY RIGHT-OF-WAY LINE OF
SAID COLORADO STATE HIGHWAY NO. 82 AND ALONG THE ARC OF A CURVE
CONCAVE TO THE EAST TO A POINT TANGENT, SAID ARC HAVING A RADIUS OF 2242.00
FEET, A CENTRAL ANGLE OF 06039'20" AND BEING SUBTENDED BY A CHORD WHICH
BEARS NOoo05'40''W, 260.29 FEET;
THENCE N03014'OO"E, 1351.18 FEET, ALONG THE EASTERLY RIGHT-OF-WAY LINE OF
SAID COLORADO STATE HIGHWAY NO. 82 TO THE SOUTHWEST CORNER OF THAT
TRACT OF LAND AS DESCRIBED IN DEED RECORDED IN BOOK 176 PAGE 611 OF THE
RECORDS OF PITKIN COUNTY, COLORADO;
THENCE S86046'00"E, 356.35 FEET ALONG THE SOUTH LINE OF THAT TRACT OF LAND
AS DESCRIBED IN SAID BOOK 176 AT PAGE 611 AND ALONG THE SOUTH LINE OF THAT
TRACT OF LAND AS DESCRIBED IN SAID BOOK 243 AT PAGE 773 TO THE SOUTHEAST
CORNER OF THAT TRACT OF LAND AS DESCRIBED IN SAID BOOK 243 AT PAGE 773;
THENCE N21 o 32'23"E, 711.89 FEET ALONG THE EASTERLY LINE OF THAT TRACT OF
LAND AS DESCRIBED IN SAID BOOK 243 AT PAGE 773;
THENCE N28046'08"E, 201.45 FEET ALONG THE EASTERLY LINE OF THAT TRACT OF
LAND AS DESCRIBED IN SAID BOOK 243 AT PAGE 773 TO THE POINT OF BEGINNING.
AREA= 186.8 ACRES, MORE OR LESS.
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