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Home My WebLink Aboutresolution.council.102-02 RESOLUTION NO. I (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 "QWEST/CITY OF ASPEN SUBDIVISION"; 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 October 17, 2002, 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 Counci! 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 thc owners of the affected property have consented to annexation of their property to the City of Aspen; and 1 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 heating 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 23rd day of December, 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 aunexed meets the applicable requirements of Sections 31-12-104 and 31-12-105, C.R.S., and is considered eligible for 2 annexation. Said notice shall be published once a week for four consecutive weeks in a newspaper of general cimulation 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 heating. 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 0fthe City of Aspen on the fi__ day of ~//'~002. ~ 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. K-o~ ~ity Clerk JPW-ll/O6/2OO2-G:~john\word~resos~qwest-annl-res.doc 3 PETITION FOR ANNEXATION "Qwest/City of Aspen Subdivision" WHEREAS, the City of Aspen is the owner of certain real property located in an unincorporated area of Pitkin County, Colorado, commonly referred toas the Qwest/City o£ Aspen Subdivision, 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. NOW, THEREFORE, the undersigned on behalf of the City of Aspen 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 "Qwest/City of Aspen Subdivision Property," and in support of said Petition, your petitioner alleges 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. The territory proposed to be annexed is urban or will be urbanized in the near future. 5. The territory proposed to be annexed is integrated or is capable of being integrated with the City of Aspen. 6. The signature on this Petition comprises one hundred percent (100%) of the landowners of the territory to be included in the area proposed to be annexed and said landowners attesting to the facts and agreeing to the conditions herein contained will negate the necessity of an murexation 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. The proposed annexation will not result in the detachment of area from any school district. 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 "B" and by this reference incorporated herein is an annexation map containing the information required by Section 31-12-107(1)(d), C.R.S., 11. The territory to be annexed is not presently a part of any incorporated city, city and county, or town. Dated: [6 -( '7~ ~ ~ City of Aspen , 130 S. Galena Street Aspen, Colorado 81611 JPW- l O/17 /2OO2-G:\john\word\memos\Qwest-ann-pet.doc Page: 2 of' 2 0B/03/2002 02:4SP EXHIBIT "A" LEGAL DESCRIPTION A parcel of land situated in a portion of Lot 3. Block 1, Aspen Airport Business Center. according to the amended and restated Plat of Asoen Airport Business Center Filing No. 1 recorded as Receetion No. 213519 and in Plat Book 7 at Page 79 in the office of the 0lark and Recorder% of Pitkin County said parcel of land also being a part of the NE 1/4 of Section 3, Township 10 South, Range 85 West of the 6th Princioal Meridian and being more particularly described as follows: Beginning at the NE corner of said Lot 3. Block 1. whence the SE corner of Section 34, Township 9 South, Range 85 West of the 6th Principal Meridian coats N 03°54'00" E 40.09 feet, [hence the following three (3) course's along Ina boundary of said Lot 3. Il S 03°54'00'' W 20,74 feet. 21 S 38°25'48" W t74.73 feet. 31 S 28°46'08" W 59.96 feet, thence leaving said boundary of Lot 3. N 00°02'00" W 210.05 feet to a eoint on said boundary of Lot 3, thence N 89°58'00" E along the boundary of said Lot 3. 139.00 feet to the Point of Beginning. RETURN TO: THE CITY OF ASPEN JOHN WORCESTER 130 SOUTH GALENA STREET ASPEN CO 8161 t