HomeMy WebLinkAboutcoa.lu.an.Barbee Property.1997-AN1lgql - /� �jj'
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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 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 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
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 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 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-five days prior to the date fixed for such
hearing.
Section
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
Ka n S. Koch, City Clerk
3
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 the 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 of 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 be annexed
and the City of Aspen, Colorado.
4. The area proposed to be 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.
OWNERS/PF�PTIO
/ V) Cs'
ary K. Barb 'e
818 Willow
Trinidad, C , 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
Bozeman, MT 59715
Date of Signing: , 1997
EXHIBIT A
TO
PETITION FOR ANNEXATION
THAT PART OF GOVERNMENT LOT 1 OF THE NORTHEAST ONE -QUARTER OF THE
NORTHEAST ONE -QUARTER OF SECTION 13, TOWNSHIP 10 SOUTH, RANGE 85
WEST OF THE 6th P.M., ACCORDING TO THE DIAGRAM CERTIFIED BY THE UNITED
STATES SURVEYOR GENERAL'S OFFICE, JANUARY 4, 1896 AS ATTACHED TO THE
GENERAL LAND OFFICE SURVEY OF SAID TOWNSHIP AND RANGE APPROVED
BY THE UNITED 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 14050'49" WEST 77.15 FEET, MORE OR LESS, TO THE NORTHEAST CORNER
OF LOT 2, BLOCK 5, EAMES ADDITION;
THENCE N 75009"11" WEST 346.50 FEET ALONG THE BOUNDARY OF SAID
SOUTH ANNEXATION;
THENCE SOUTH 14050'49" 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 N90000'W 44.99 FEET MORE OR LESS TO THE SOUTHWEST CORNER
OF SAID GOVERNMENT LOT 1;
THENCE ALONG THE WEST LINE OF SAID GOVERNMENT LOT 1, NORTH
171.67 FEET, MORE OR LESS, TO LINE 4-1 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 1405T EAST 650.59 FEET, MORE OR LESS, TO CORNER NO.4
OF SAID LODE CLAIM;
THENCE NORTH 75003' WEST 173.72 FEET, MORE OR LESS, TO THE WEST
LINE OF SAID GOVERNMENT LOT l;
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 JULY 15, 1997
STATE OF COLORADO )
) ss. AFFIDAVIT OF CIRCULATOR
COUNTY OF G 6 R F +1= L-D )
AFFIANT, John W. Barbee, being first duly sworn upon oath, deposes and
saes:
I . Affiant is and was the circulator of the foregoing Petition for
Annexation (Barbee Property).
2. Each signature appearing thereon is the signature of the person
whose name it purports to be.
FURTHER AFFIANT SA 'ETH NOT.
l
ll a t c d t h i s .� �i , c _—__—__—___-- A. D. i 91)
&fi ant/Cir,-Tai-01 Jo' n W. Barbee
Subscribed and sworn to before me this 3/1Jr day of
1997, by John W. Barbee.
NVitness my hand and official seal.
My commission expires
NOTARY Notary Puh
pUBOt
ASPI:N:0020796.01
THE CITY OF ASPEN
September 11, 1997
Pitkin County Attorney
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 Propetty" 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 S. Koch
City Clerk
Enclosure
Resolution #69, 1997
Petition for Annexation
By certified mail
-130 SOUTH GALENA STREET - ASPEN, COLORADO 81611-1975 - PHONE 970.920.5000 • FAx 970.920.5197
Printed on Recycled Paper
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 Propetty" 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 S. Koch
City Clerk
Enclosure
Resolution #69, 1997
Petition for Annexation
By certified mail
130 SOUTH GALENA STREET - ASPEN, COLORADO 81611-1975 • PHONE 970,920.5000 - FAx 970.920.5197
Pnnted on Regded Paper
THE CITY OF ASPEN
September 11, 1997
Aspen School District Board
0235 High School Road
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. Property" 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 S. Koch
City Clerk
Enclosure
Resolution #69, 1997
Petition for Annexation
By certified mail
130 SOUTH GALENA STREET ASPEN, COLORADO 81611-1975 - PHONE 970.920.5000 • FAx 970.920.5197
Printed on Recycled Paper
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, John 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 9 970/925-6958 9 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,
ASSOCIATES
SV:cwv
Enclosdi es
cc: John W. Barbee (w/encl.)
Arthur C. Daily, Esq. (w/encl.)
John Worcester, Esq. (w/encl.)
Julie Ann Woods (w/encl.)
c:\bus\city.Itr\1tr34097.kk 1
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 the City of Aspen of certain unincorporated territory'] ocated 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 01" THIS PETITION. the petitioners allege as follows:
1. It is desirable and necessary that the above described area be annexed to
the City of 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 be annexed
and the City of Aspen, Colorado.
4. The area proposed to be 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.
l l . 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 anion- other things, the folloNxing information:
C-
a' A \�ruler. Icual dcscrih;ior, e 1'flIC hoLill darir� oCthe arca 111'0r)osed
to be annexed to tine Cite of .Aspen:
b. A map shoving the boundary of the area proposed to be annexed to
the City of Aspen:
C. Within the annexation boundary map. a shoving 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.
LANDOWNERS/PETITIONERS:
Mary K. Barbee
8l 8 Willow
Trinidad, CO 81082
Date of' Signing: 1997
• 1,
Pohn W. Barbeev
1202 Walz Avenue
Glenwood Springs. CO 81601
Date of Signino . 1997
Hallic B. Ruaheirner
1400 Storx Ni ll Read
Bozeman, MT 59715
Date oi' Si,-,niM-I:
EXHIBIT A
TO
PETITION FOR ANNEXATION
THAT PART OF GOVERNMENT LOT 1 OF THE NORTHEAST ONE -QUARTER OF THE
NORTHEAST ONE -QUARTER OF SECTION 13, TOWNSHIP 10 SOUTH, RANGE 85
WEST OF THE 6th P.M., ACCORDING TO THE DIAGRAM CERTIFIED BY THE UNITED
STATES SURVEYOR GENERAL'S OFFICE, JANUARY 4, 1896 AS ATTACHED TO THE
GENERAL LAND OFFICE SURVEY OF SAID TOWNSHIP AND RANGE APPROVED
BY THE UNITED STATES SURVEYOR GENERAL'S OFFICE MARCH 31, 1891,
DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF SAID GOVERNMENT LOT l;
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 42°23' 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 14050'49" WEST 77.15 FEET, MORE OR LESS, TO THE NORTHEAST CORNER
OF LOT 2, BLOCK 5, EAMES ADDITION;
THENCE N 75009"11" WEST 346.50 FEET ALONG THE BOUNDARY OF SAID
SOUTH ANNEXATION;
THENCE SOUTH 14050'49" 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 N90000'W 44.99 FEET MORE OR LESS TO THE SOUTHWEST CORNER
OF SAID GOVERNMENT LOT 1;
THENCE ALONG THE WEST LINE OF SAID GOVERNMENT LOT 1, NORTH
171.67 FEET, MORE OR LESS, TO LINE 4-1 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 1405T EAST 650.59 FEET, MORE OR LESS, TO CORNER NO.4
OF SAID LODE CLAIM;
THENCE NORTH 75003' 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
YREPARED BY DAVID McBRIDE RLS 16129 JULY 15, 1997
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 the 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 of 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 be annexed
and the City of Aspen, Colorado.
4. The area proposed to be 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.
LANDO WNERS/PETITI ONERS :
Mary K. Barbee
818 Willow
Trinidad, CO 81082
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
Bozeman, MT 59715
Date of Signing: '1997
EXHIBIT A
TO
PETITION FOR ANNEXATION
THAT PART OF GOVERNMENT LOT 1 OF THE NORTHEAST ONE -QUARTER OF THE
NORTHEAST ONE -QUARTER OF SECTION 13, TOWNSHIP 10 SOUTH, RANGE 85
WEST OF THE 6th P.M., ACCORDING TO THE DIAGRAM CERTIFIED BY THE UNITED
STATES SURVEYOR GENERAL'S OFFICE, JANUARY 4, 1896 AS ATTACHED TO THE
GENERAL LAND OFFICE SURVEY OF SAID TOWNSHIP AND RANGE APPROVED
BY THE UNITED 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 14050'49" WEST 77.15 FEET, MORE OR LESS, TO THE NORTHEAST CORNER
OF LOT 2, BLOCK 5, EAMES ADDITION;
THENCE N 75009"11" WEST 346.50 FEET ALONG THE BOUNDARY OF SAID
SOUTH ANNEXATION;
THENCE SOUTH 14050'49" 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 N90000'W 44.99 FEET MORE OR LESS TO THE SOUTHWEST CORNER
OF SAID GOVERNMENT LOT 1;
THENCE ALONG THE WEST LINE OF SAID GOVERNMENT LOT 1, NORTH
171.67 FEET, MORE OR LESS, TO LINE 4-1 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 1405T EAST 650.59 FEET, MORE OR LESS, TO CORNER NO. 4
OF SAID LODE CLAIM;
THENCE NORTH 75003' 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 JULY 15, 1997