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HomeMy WebLinkAboutlanduse case.annexatin.Iselin Park.Rotary Park.1998 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 6F 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 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 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 sLxty 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 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. Jqlrm 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. ~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 Pitldn 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 pement (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. I0. 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 3 i-12- 107(1)(d), C.R.S., l I. The territories to be annexed are not presently a part of any incorporated city, city and county, or town. City~6f Aspen 130 S. Galena Street Aspen. Colorado 81611 EXHIBIT A Iselin and Rotary Parks (North) Annexation .... a tract of land situated in the southwest ¼ 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 comer to said Section 1 l bears N89°48'20"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 S60036'06"E with a radius of 700.00 feet and a central angle of 10036'06''. 129.34 feet: Thence S89°48'20"E 50.85 feet: Thence SO 1 °22'40"W 41.23 feet: Thence S 11 o 12'40"W 19 L00 feet to the True Point of Beginmng; containing 9.000 acres, more or less EXHIBIT B Iselin and Rotary Parks (South) Annexation .... a tract of land situated in the northwest lA 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 comer to said Section 14; Thence S39°51'W 1061.6 feet to post; Thence N42°35~¥V 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 1'4 to the quarter section comer, the place of beginning and containing 11.8 acres more or less. as recorded in the deed at Book 119. 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