HomeMy WebLinkAboutlanduse case.annexatin.Iselin Park.Rotary Park.1998�N- 7'scl;h "ri
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- ISELIN ROTARY PARK
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THE CITY OF ASPEN
October 14, 1998
Pitkin County Attorney's Office
530 East Main Street
Aspen, CO 81611
Gentlemen
The City of Aspen Council has scheduled a public hearing Monday, November 9,
1998 at 5:00 p.m. in the City Council Chambers, on the "Iselin and Rotary Parks"
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
920-5060 if you have any questions.
Sincerely
Kathryn .Koch
City Clerk
Enclosure
Resolution #72, 1998
Petition for Annexation
By certified mail
130 SOUTH GALENA STREET - ASPEN, COLORADO 81611-1975 • PHONE 970.920.5000 - FAX 970.920.5197
Printed on Receded Paper
RESOLUTION NO. 72
(Series of 1998)
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 "ISELIN AND
ROTARY PARK"; 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 September 23, 1998, 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 Exhibits "A" and "B"
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 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
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 9th day of November, 1998, 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
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 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.
INTRODUCED, READ AND ADOPTED by the City Council of the City
of Aspen on the 28th day of September, 1998.
5 13
J n 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 28th day of
September hereinabove stated.
Kathryn S. och, City Clerk
PETITION FOR ANNEXATION
"Iselin and Rotary Parks Annexation"
WHEREAS, the City of Aspen is the owner of certain real properties located in an
unincorporated area of Pitkin County, Colorado, commonly referred to as Iselin Park and Rotary
Park, more particularly described in Exhibit "A" and "B" attached hereto and incorporated
herein by this reference; and
WHEREAS, the City of Aspen desires to annex said real properties to the City of Aspen.
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 petitions 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 "Iselin and Rotary Park", and in support of said
Petition, your petitioners allege that:
1. It is desirable and necessary that the territory described in Exhibits "A" and `B"
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 areas proposed to be annexed
are contiguous with the City of Aspen, Colorado.
3. A community of interest exists between the territories proposed to be annexed and
the City of Aspen, Colorado.
4. The territories proposed to be annexed are urban or will be urbanized in the near
future.
5. The territories proposed to be annexed are integrated or are capable of being
integrated with the City of Aspen.
6. The signatures on the Petition comprise one hundred percent (100%) of the
landowners of the territory to be included in the areas proposed to be annexed and said
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 territories to be annexed are 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 areas 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 "C" and "D" 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 territories to be annexed are not presently a part of any incorporated city, city
and county, or town.
C'
Dated:
i
G Ala
City anager, %
Cit p of Aspen
130 S. Galena Street
Aspen, Colorado 81611
EXHIBIT A
Iselin and Rotary Parks (North) Annexation
.... a tract of land situated in the southwest 1/4 of Section 11, Township 10 South, Range 85
West of the Sixth Principal Meridian, Pitkin County, Colorado, more particularly described as
follows:
Beginning at a point whence the south quarter corner to said Section 11 bears
N89048'20"W 130.00 feet;
Thence N89°48'20"W 893.80 feet;
Thence N00° 14'51 "W 201.82 feet;
Thence N33°01'14"E 200.29 feet;
Thence S89°48'20"E 539.43 feet;
Thence S56°32'20"E 144.15 feet;
Thencealong a curve to the left with a chord which bears S60°36'06"E with a radius of
700.00 feet and a central angle of 10°36'06", 129.34 feet;
Thence S89°48'20"E 50.85 feet;
Thence SO 1 °22'40"W 41.23 feet;
Thence S 11 ° 12'40"W 191.00 feet to the True Point of Beginning; containing 9.000 acres,
more or less
EXHIBIT B
Iselin and Rotary Parks (South) Annexation
.... a tract of land situated in the northwest 1/4 of Section 14, Township 10 South, Range 85
West of the Sixth Principal Meridian, Pitkin County, Colorado, more particularly described as
follows:
Beginning at the north quarter corner to said Section 14;
Thence S39°51'W 1061.6 feet to post;
Thence N42°35'W 372.0 feet to post;
Thence W about 150 feet to center of Maroon Creek;
Thence northerly about 543 feet along center of Maroon Creek to intersection of north
boundary of said Section 14;
Thence easterly about 1037 feet along north boundary of said Section 14 to the quarter
section corner, the place of beginning and containing 11.8 acres more or less, as recorded
in the deed at Book 119, Page 40.
JPW-09/23/98-G:\iohn\word\memos\iselin-ann-pet.doc
APPROX. EDGES OF
MAROON CREEK
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S89°4.8120"E
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SW COR. SEC. II
710Sr R85W OF THE
6TH P.M.
APPROX. EDGES OF
MAROON CREEK
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ISELIN
AND
ROTARY
PARKS
ANNEXATION
A TRACT OF LAND LOCATED
IN THE SW1/4 OF
SECTION 11 AND THE NW1/4 OF SECTION 14,
T10S,
R85W OF THE 6TH P.M., COUNTY OF PITKIN,
STATE OF COLORADO
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PO/NT OF
SI/4 COR. SEC. II
71OSr R85W OF THE
6TH P.M.
SCALE 1" = 100'
100 50 0 100 200
Km
1. THIS MAP IS NOT A LAND SURVEY PLAT OR AN IMPROVEMENT SURVEY
PLAT. THE PURPOSE OF THIS MAP IS TO GRAPHICALLY SHOW THE AREA
TO BE ANNEXED TO THE CITY OF ASPEN.
THIS ANNEXATION MAP WAS PREPARED BY A REGISTERED COLORADO PROFESSIONAL
LAND SURVEYOR AS REQUESTED BY THE CITY ENGINEER. THE BASIS OF INFORMATION
IS THE RECORDED PLAT MAPS AT THE OFFICE OF THE PITKIN COUNTY CLERK AND
RECORDER. APPROVED ON THE DAY OF 199
NICK ADEH, CITY ENGINEER
CITY COUNCIL APPROVAL
THIS ANNEXATION WAS APPROVED BY THE CITY COUNCIL OF THE CITY OF
ASPEN, PITKIN COUNTY, COLORADO, BY ORDINANCE SERIES OF
1998. PASSED THE DAY OF , 19_
MAYOR ATTEST: CITY CLERK
ANNEXATION CONTIGUITY
TOTAL PERIPHERY OF AREA TO BE ANNEXED = 4,245.09 FEET
ONE —SIXTH TOTAL PERIPHERY 707.51 FEET
CONTIGUITY OR DISTANCE OF AREA
ADJACENT TO EXISTING CITY LIMITS 774.16 FEET
OR 18.2% (WHICH IS GREATER THAN 1/6)
SURVEYOR'S CERTIFICATE
I, SCOTT A. PULLING, A REGISTERED PROFESSIONAL LAND SURVEYOR IN
THE STATE OF COLORADO, DO HEREBY CERTIFY THAT THE ACCOMPANYING
MAP WAS PREPARED UNDER MY DIRECT RESPONSIBILITY, SUPERVISION AND
CHECKING AND THAT IT IS A TRUE AND CORRECT REPRESENTATION OF THE
AREA TO BE ANNEXED TO THE CITY OF ASPEN, COLORADO. AND THAT THE
CONTIGUOUS BOUNDARY ADJACENT TO EXISTING CITY LIMITS IS MORE THAN
1/6 OF THE TOTAL PERIPHERY OF THE AREA TO BE ANNEXED.
:..
A TRACT OF LAND LOCATED IN THE SWI/4 OF SECTION II AND THE NWI/4 OF
SECTION 14 ALL IN TIOS, R85W OF THE 6TH P.M., COUNTY OF PITKIN, STATE OF
COLORADO, DESCRIBED AS FOLLOWS:
INNIN AT THE SI/4 CORNER OF SAID SECTION II, THENCE S39°51'00"W, 1061.60
FEET ALONG THE SOUTHEASTERLY LINE OF THAT TRACT OF LAND AS DESCRIBED IN
DEED RECORDED IN BOOK 119 AT PAGE 40 OF THE RECORDS OF PITKIN COUNTY,
COLORADO;
THENCE N42°35'00"W, 372.00 FEET ALONG THE SOUTHWESTERLY LINE OF THAT
TRACT OF LAND AS DESCRIBED IN SAID BOOK 119 AT PAGE 40;
THENCE N90°00'00"W,178.75 FEET ALONG THE SOUTH LINE OF THAT TRACT OF
LAND AS DESCRIBED IN SAID BOOK 119 AT PAGE 40 TO THE APPROXIMATE CENTER—
LINE OF MAROON CREEK;
THE FOLLOWING FIVE (5) COURSES AND DISTANCES ARE ALONG THE APPROXIMATE
CENTERLINE OF SAID MAROON CREEK;
N31°08'20"W, 51.37 FEET;
N07°29'45"E, 167.28 FEET,
N18°51'21"E, 86.99 FEET;
NV02'28"E, 188.91 FEET-,
NIO°01'03"W, 71.19 FEET TO THE SOUTH LINE OF THE SWI/4 OF SAID SECTION 11;
THENCE, LEAVING THE APPROXIMATE CENTERLINE OF SAID MAROON CREEK, S89°48'20"E,
26.91 FEET ALONG THE SOUTH LINE OF THE SWI/4 OF SAID SECTION it AND THE
SOUTHERLY LINE OF MAROON CREEK CLUB SUBDIVISION (SOUTH) AN ANNEXATION MAP
RECORDED IN BOOK 41 AT PAGE 76 IN THE RECORDS OF PITKIN COUNTY, COLORADO;
THENCE N00°14'51°W, 201.82 FEET ALONG THE EASTERLY LINE OF SAID
MAROON CREEK CLUB SUBDIVISION (SOUTH) ANNEXATION;
THENCE N33°0I'14"E, 281.07 FEET ALONG THE EASTERLY LINE OF SAID
MAROON CREEK CLUB SUBDIVISION (SOUTH) ANNEXATION;
THENCE NO2-16'09"W, 264.36 FEET ALONG THE EASTERLY LINE OF SAID MAROON
CREEK CLUB SUBDIVISION (SOUTH) ANNEXATION TO THE NORTHEASTERLY LINE OF
THAT TRACT OF LAND AS DESCRIBED IN DEED RECORDED IN BOOK 789 AT PAGE 214
OF THE RECORDS OF PITKIN COUNTY, COLORADO;
THENCE S56°32'30" E. 605.85 FEET ALONG THE NORTHEASTERLY LINE OF THAT
TRACT OF LAND AS DESCRIBED IN SAID BOOK 789 AT PAGE 214 TO THE NORTH—
WEST CORNER OF THAT TRACT OF LAND AS DESCRIBED IN DEED RECORDED IN BOOK
341 AT PAGE 127 OF THE RECORDS OF PITKIN COUNTY, COLORADO;
THENCE S56-32'20"E,144.15 FEET ALONG THE NORTHEASTERLY LINE OF THAT TRACT
OF LAND AS DESCRIBED IN BOOK 341 AT PAGE 127 TO THE NORTHWEST CORNER OF
THAT TRACT OF LAND AS DESCRIBED IN DEED RECORDED IN BOOK 246 AT PAGE 962
OF THE RECORDS OF PITKIN COUNTY, COLORADO;
THENCE SOUTHEASTERLY,129.76 FEET ALONG THE ARC OF A CURVE CONCAVE
TO THE NORTHEAST AND ALONG THE NORTHEASTERLY LINE OF THAT TRACT OF LAND
AS DESCRIBED IN SAID BOOK 246 AT PAGE 962, SAID ARC HAVING A RADIUS OF
700.00 FEET, A CENTRAL ANGLE OF 10°37'14 AND BEING SUBTENDED BY A CHORD
THAT BEARS S61°12'27"E, 129.57 FEET;
THENCE SW48'20"E, 50.85 FEET ALONG THE NORTHEASTERLY LINE OF THAT
TRACT OF LAND AS DESCRIBED IN SAID BOOK 246 AT PAGE 962 TO THE NORTHEAST
CORNER THEREOF;
THENCE S01°22'40"W, 41.23 FEET ALONG THE EASTERLY LINE OF THAT TRACT
TRACT OF LAND AS DESCRIBED IN SAID BOOK 246 AT PAGE 962;
THENCE SII°I2'40"W, 191.00 FEET ALONG THE EASTERLY LINE OF THAT TRACT
OF LAND AS DESCRIBED IN BOOK 246 AT PAGE 962; TO THE SOUTH LINE OF THE
SW1/4 OF SAID SECTION 11;
THENCE S89°48'20"E 130.00 FEET ALONG THE SOUTH LINE OF THE SWI/4 OF SAID
SECTION II TO THE POINT OF SEGINNIN
ACCEPTANCE FOR RECORDING
THIS ANNEXATION PLAT WAS ACCEPTED FOR FILING IN THE OFFICE OF THE
CLERK AND RECORDER OF PITKIN COUNTY, COLORADO, ON THE DAY OF
1998. IN PLAT BOOK AT PAGE , UNDER
RECEPTION NO.
IN ACCORDANCE WITH CRS 13-80-105;
NONCE* ACCORDING TO COLORADO LAW YOU MUST COMMENCE ANY LEGAL ACTION BASED
UPON ANY DEFECT IN THIS SURVEY WITHIN THREE YEARS AFTER YOU FIRST DISCOVER SUCH
DEFECT. IN NO EVENT, MAY ANY ACTION BASED UPON ANY DEFECT IN THIS SURVEY 9E
COMMENCED MORE THAN TEN YEARS FROM THE DATE OF THE CERTIFICATION SHOWN HEREOI
SCOTT A. PULLING
COLORADO REGISTERED PROFESSIONAL
LAND SURVEYOR NO. 27936
FOR AND ON LZMALF OF DREXEL BARRELL t CO.
Drexel Barrell & Co. Eng---/SIII.,,eyO1.s
4840 PLUM EAST CIRCA$ SUITE 114 BOULDER, COLORADO WWI (303) 442-4330
858E CORPORATE DRIVE COLORADO SPRINGS, COLORADO 80019 (719) 260-0887
w a 6401 R. IOTH STREET. sun IOOA GREELEY. COLORADO 8083E (870) 361-OW
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