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HomeMy WebLinkAboutcoa.lu.an.Barbee Property.1997-AN1 RESOLUTION NO. 69 (Series of 1997) A RESOLUTION OF THE CITY COUNCIL OF ASPEN, COLORADO, RELATIVE TO THE PETITION FOR ANNEXATION OF TERRITORY TO THE CITY OF ASPEN, COMMON- LY KNOWN AS THE "BARBEE PROPERTY"; 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 3142-105, 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 August 18, 1997, the owners 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 conset~ted 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 31-12410, 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 I 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 14th day of October, 1997, 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 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 2 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 ~s 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-five days prior to tile date f'rced 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 ~ day of ~. 1996. ohn 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. barbeel .res PETITION FOR ANNEXATION (Barbee Property) TO: The City Clerk and the City Council of the City of Aspen, Colorado PURSUANT to the Municipal Annexation Act of 1965, Part 1, Article 12, Title 31, Colorado Revised Statutes, 1973, as amended, the undersigned hereby petition and request the City Council of the City of Aspen, Colorado, to approve and complete the annexation to thc City of Aspen of certain unincorporated territory located in the County of Pitkin, State of Colorado and more particularly described on Exhibit "A" attached hereto and made a part hereof by this reference. IN SUPPORT OF THIS PETITION, the petitioners allege as follows: 1. It is desirable and necessary that the above described area be annexed to the City o£ Aspen, Colorado. 2. No 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 area proposed to bc annexed and thc City of Aspen, Colorado. 4. The area proposed to bc annexed is urban, or will be urbanized in the near future. 5. The area proposed to be annexed is integrated with or is capable of being integrated with the City of Aspen, Colorado. 6. In establishing the boundaries of the territory to be annexed, no land held in identical ownership, whether consisting of one tract or parcel of real estate or two or more contiguous tracts or parcels of real estate, has been divided into separate parts or parcels. 7. All requirements of the Municipal Annexation Act of 1965, Part 1, Article 12, Title 31, Colorado Revised Statutes, 1973, as amended, Sections 31-12-104 and 31- 12-105, exist or have been met. 8. No annexation proceedings have been commenced for the annexation to a municipality other than the City of Aspen of all or part of the area described above. 9. The annexation proposed in this petition will not result in the detachment of area from any school district and the attachment of the same area to another school district. 10. The annexation to the City of Aspen of the area described above will not have the effect of extending the municipal boundary of the City of Aspen more than three miles in any direction from any point of such municipal boundary in any one year. 11. The signers of this petition are the landowners (as tenants in common) of one hundred percent (100%) of the territory included in the area proposed to be annexed to the City of Aspen, exclusive of streets and alleys. 12. The signatures and mailing addresses of the signers, and the dates of signing, are set forth below. 13. This petition is accompanied by four prints of an Annexation Map containing among other things, the following information: a. A written legal description of the boundaries of the area proposed to be annexed to the City of Aspen; b. A map showing the boundary of the area proposed to be annexed to the City of Aspen; c. Within the annexation boundary map, a showing of the location of each ownership tract in unplatted land (no part of the area proposed to be annexed is platted); d. Next to the boundary of the area proposed to be annexed~ a drawing of the contiguous boundary of the annexing municipality. 14. None of the territory proposed to be annexed to the City of Aspen is presently a part of any incorporated city, city and county, or town. 15. Attached to this petition is the affidavit of the circulator of this petition, to the effect that each signature hereon is the signature of the person whose name it purports to be. THE PETITIONERS HEREBY RESPECTFULLY REQUEST that the City Council of the City of Aspen approve the annexation of the area described above to the City of Aspen. ~'M~ary ~2. Barb)re/] 818 Willow ( // Trinidad, CO'~1082/ Date of Signing: <~/' , 1997 John W. Barbee 1202 Walz Avenue Glenwood Springs, CO 81601 Date of Signing: , 1997 Hallie B. Rugheimer 1400 Story Mill Road Bozcman, MT 59715 Date of Signing: , 1997 EXHIBIT A PETITION FOR ANNEXATION THAT PART OF GOVERNMENT LOT 1 OF THE NORTHEAST ONE-QUARTER OF THE NORTHEAST ONE-QUARTER OF SECTION 13, TOWNSHIP I0 SOUTH, RANGE 85 WEST OF THE 6th P.M., ACCORDING TO THE DIAGRAM CERTIFIED BY THE UNITED STATES SURVEYOR GENERAL'S OFFICE, JANUARY 4, 1 g96 AS ATTACHED TO THE GENERAL LAND OFFICE SURVEY OF SAID TOWNSHIP AND RANGE APPROVED BY THE UN~TED STATES SURVEYOR GENERAL'S OFFICE MARCH 31, 1891, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID GOVERNMENT LOT 1; THENCE EAST 337.73 FEET, MORE OR LESS ALONG THE NORTHERLY BOUNDARY OF SAID GOVERNMENT LOT 1 TO THE SOUTHERLY LINE OF THE FORMER RIGHT OF WAY OF THE COLORADO MIDLAND RAILROAD COMPANY , THENCE ALONG SAID RIGHT OF WAY SOUTH 42023' EAST 156.62 FEET, MORE OR LESS, TO THE SOUTHWEST CORNER OF THE MOUNTAIN EDGE ANNEXATION (ANNEXATION MAP RECORDED IN PLAT BOOK 8 AT PAGE 81); THENCE CONTINUING ALONG SAID RIGHT OF WAY LINE AND SOUTHERLY BOUNDARY OF THE MOUNTAIN EDGE ANNEXATION SOUTH 42023' EAST 320.82 FEET MORE OR LESS TO THE RIGHT OF WAY LINE OF SOUTH GARMISCH STREET EXTENDED, SAID POINT BEING ON THE WESTERLY EDGE OF THE SOUTH ANNEXATION (ANNEXATION MAP RECORDED IN PLAT BOOK AT PAGE ); THENCE ALONG SAID WESTERLY RIGHT OF WAY LINE OF SOUTH GARMISCH STREET EXTENDED AND THE WESTERLY SOUTH ANNEXATION LINE SOUTH 14°50'49" WEST 77.15 FEET, MORE OR LESS, TO THE NORTHEAST CORNER OF LOT 2, BLOCK 5, EAMES ADDITION; THENCE N 75°09"11" WEST 346.50 FEET ALONG THE BOUNDARY OF SAID SOUTH ANNEXATION; THENCE SOUTH 14°50'49" WEST 1,015.12 FEET MORE OR LESS ALONG THE BOUNDARY OF SAID SOUTH ANNEXATION TO THE SOUTH LINE OF SAID GOVERNMENT LOT 1; THENCE Ng0°00'W 44.99 FEET MORE OR LESS TO THE SOUTHWEST CORNER OF SAID GOVERNMENT LOT I; THENCE ALONG THE WEST LINE OF SAID GOVERNMENT LOT I, NORTH 171.67 FEET, MORE OR LESS, TO LINE 4ol OF THE LITTLE MACK LODE CLAIM, UNITED STATES MINERAL SURVEY NO. 3956 AS PATENTED IN BOOK 175 AT PAGE 212 OF THE PITKIN COUNTY RECORDS; THENCE NORTH 14°57' EAST 650.59 FEET, MORE OR LESS, TO CORNER NO. 4 OF SAID LODE CLAIM; THENCE NORTH 75°03' WEST 173.72 FEET, MORE OR LESS. TO THE WEST LINE OF SAID GOVERNMENT LOT 1; THENCE ALONG THE WEST LINE OF SAID GOVERNMENT LOT 1, NORTH 474.94 FEET, MORE OR LESS, TO THE POINT OF BEGINNING, CONTAINING 6.835 ACRES OR 297,734 SQUARE FEET MORE OR LESS. COUNTY OF PITKIN, STATE OF COLORADO PREPARED BY DAVID McBRIDE RLS 16129 IULY 15, 1997 STATE OF COLORADO ~ ~ ss, AFFIDAVIT OF CIRCULATOR COUNTY OF ~Sp.F~c-~ ) AFFIANT. John W Barbee. being first duly sworn upon oath. deposcs and says: 1. Affiam is and was the circuIalor of llae tbregoing Petition for Annexation ;Barbee Property). 2. Each signature appearing thereon is the signature of the person whose name it purporls to be. FURTHER AFFIANT SATETH NOT. mTci Tat 5:. rbec Subscribed and sworn to before me this ~Ac~ da~ of __~_r' ' _. 1997_ bx John W. Barbee. \Vhness my hand and official seal. My commission expires: ~-?q- ¢9 T~4E CITY OF Asr'EN September 11. 1997 Pitkin County Attorney 506 E Main Street Aspen, CO 81611 Gentlemen The City of Aspen Council has scheduled ~ public hearing Tuesday, October 14. 1997. at 5:00 p.m. in the City CoUncil Chambers, on the "Barbee. Propei'ty" annexation. The purpose of .the hearing is to determine and make a finding whether the area proposed for annexation is e!igible for annexation. Please call the City-Clerk's office at 920-5060 if you have any questions. Sincerely Kathryn S. Koch City Clerk Enclosure Resolution//69, 1997 Petition for Annexation By certified mail 130 Souv,~ GALENA STI~ET · ASPIN Co[oP4oo 816II~1975 PHObI~ 970.920.5000 F~ 970.920.5197 THE CITY OF ASPEN September 11, 1997 Pitkin County Commissioners 506 E Main Street Aspen, CO 81611 Gentlemen The City of Aspen Council has scheduled a public hearing Tuesday, October 14. 1997. at 5:00 p.m. in the City Council Chambers, on the "Barbee Prope~-" annexation. The purpose of the hearing ~s to determine and make a fLnd'mg whether the area proposed for annexation ks eligilSle for annexation. Please' call the City Clerk's offi6e at 920~5060 if you have any questions. Sincerely Kathryh S. Koch City Clerk Enclosure Resolution #69, 1997 Petition for Annexation By certified mail I30 Sou'm GALENA STREEI ASP£N. CO[O~DO 81611'1975 · PHONE 970.920.5000 FaX 970.920.5197 TH~ CITY OF ASPEN September 11, 1997 Aspen School District Board 0235 High School Road Aspen, CO 81611 Gentlemen The City of Aspen Council bas scheduled a public hearing Tuesday, October 14. 1997, at 5:00 p.m. ~n the City Council Chambers, on the "Barbee Property" annexation. The purpose of the hearing is to determine and make a finding whether the area proposed for annexation is e!igible for anne:~ation. Please call the City 'Clerk's office at 920-5060 if you have any questions. Sincerely Kathryn S. Koch City Clerk Enclosure Resolution #69, 1997 Petition for Annexation By certified mail I30 SOUTH GALENA STREET · ASPEN. COtOE^~O 8t611-1975 · PHONE 970.920.5000 F^X 970.920.5197 VANN ASSOCIATES Planning Consultants August 18, 1997 HAND DELIVERED Ms. Kathryn S. Koch, City Clerk City of Aspen 130 South Galena Street Aspen, CO 81611 Re: Barbee Property Annexation Dear Ms. Koch: Enclosed herewith is a petition for annexation for a portion of the Barbee property which is located adjacent to the Aspen city limits near the base of Shadow Mountain. The petition is submitted pursuant to the Municipal Annexation Act of 1965, Part 1, Article 12, Title 31, Colorado Revised Statutes, 1973, as amended, by Mary K. Barbee, ,tohn W. Barbee and Hallie B. Rugheimer, the owners of the property. Four copies of the required Annexation Map accompany the petition. The Barbee property consists of an approximately 17.6 acre metes and bounds parcel of which approximately 6.8 acres (the portion to be annexed) is located within unincorporated Pitkin County. The remainder of the property is located within the city limits. The petitioners wish to annex the unincorporated portion of the property into the City, and to develop a small, mixed free market/affordable housing project pursuant to the provisions of the City's AH1/PUD zone district regulations. The petitioners are presently preparing a development application for the property for submission to the City next month. With respect to the annexation process, it is my understanding that the City Council must first adopt a resolution finding the annexation petition in substantial compliance with the Municipal Annexation Act's petition requirements. The resolution would also set a date and time for a public hearing at which the petition would be formally considered. Upon a finding that the petition complies with the annexation criteria of the Act, and following the successful completion of the land use approval process, the Council may adopt an ordinance formally annexing the property. Should the development application not be approved, or the conditions of approval be unaccept- able to the petitioners, the petition may be withdrawn and the annexation process terminated. 230 East Hopkins Avenue · Aspen, Colorado 81611 · 970/925-6958 * Fax 970/920-9310 Ms. Kathryn S. Koch August 18, 1997 Page 2 I would appreciate it if you would consult with the City Attorney and schedule the petition for consideration by the City Council at their earliest available meeting. Should you have any questions, or require additional information, please do not hesitate to call. Yours truly, AICP cc: John W. Barbee (w/encl.) Arthur C. Daily, Esq. (w/encl.) John Worcester, Esq. (w/encl.) Julie Ann Woods (w/encl.) c:\bus\~ty.ltr2tr34097.kki PETITION FOR ANNEXATION (Barbee Property) TO: The City Clerk and the City Council of the City of Aspen. Colorado PURSUANT to the Municipal Annexation Act of 1965. Part 1. Article 12. Title 31. Colorado Revised Statutes, 1973, as amended, the undersigned hereb5 petinon and request the City Council of the City of Aspen, Colorado. to approve and complete the annexation to the City of Ashen of certain unincorporaled terrilor?]ocated in the County of Pilkin, State of Colorado and more parficalarl? described on Exlqibil "A" attached hereto and made a part hereof b5 this reference. tN SUPPORTOt THIS PET!TION~ me petitioners alicgc as 1. II is desirable and necessary that the above described area be annexed the City of Aspen. Colorado. _. No less than one-sixth ~1/6, of the perimeter of the area proposed to be annexed is conuguous with the Cit5 of Aspen. Colorado. 3. A community of interest exists between the area proposed to be annexed and the City of Aspen. Colorado. 4, The area proposed to be annexed is urban, or w/Il be urbanized in the near future. 5, The area proposed to be annexed is integrated with or is capable of being integrated with the City of Aspen, Colorado. 6, In establishing the boundaries of the territorv to be annexed, no land held m identical ownership~ whether consisting of one tract or parcel of real estate or two or more contiguous tracts or parcels of real estate, has been divided into separate parts or parcels. 7 All requirements of the Municipal Annexation Act of 1965. Parl 1. Article 12. Title 31, Colorado Revised Statutes, 1973, as amended, Sections 31-12-104 and 31- 12-105, exist or have been met. 8. No annexation proceedings have been commenced for the annexation to a municipality other than the City of Aspen of all or part of the area described above. 9, The annexation proposed in this petition will not result in the detachment of area from any school district and thc attachment of the same area to another school district. 10, The annexation to the City of Aspen of the area described above will not have the effect of exlending the mt,nicipal boundar} of the CiU of Asper more than three miles in any direction from any point of such municipal boundary in any one year. I 1. The signers of lhis petition are the landowners ~as ~enants in common~ of one hundred percent (t 00%) of the territory included in the area proposed to be annexed ~o the City of Aspen. exclusive ofs~ree~s and alleys. 12. The signatures and mailing addresses of the signers, and the dates of s~gning, are set forth below. 13. This nctitJon is accom~anied by four prints of an Annexation Map :on~aining among outer fl~ings, d~c foiiox~in= inlormafion: b. g map showing thc boundarx of the fl~c Cilx of As~en: c. Within the annexation boundary map. a showing of the location of eac]~ ownership tract In unplalted land {no part of lnc area proposed to be annexed is d. Next ~o lhe boundary oflhe area proposed ~o be annexed, a drawing of the contiguous boundary of the annexing municipality. ]4 None of the territory proposed presently a nan of any incorporated ciiy. c~iy and coumy, or town. 15. Attached tbe effecI lhat each signature hereon is the signature of tbe person whose name purports to THE PETITIONERS HEREBY RESPECTFULLY REQUEST d~at the City Council of tho City of Aspen approve thc annexation of thc area described above to the City of Aspen. LANDOWNERS/PETIT] ONERS: Mary K. Barbcc 818 Wilmw Trinidad. CO 81082 Date of Signing: . 199'7 pohn W. Barbee~/ N,J1202 Walz Avenue Glenwood Springs, CO 81601 Date of Signing; .~/~/~'~ ~ 1{)97 Bozeman. MT 59715