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HomeMy WebLinkAboutcoa.lu.an.Sandunes.2000SANDUNES ��I �-a PETITION OF ANNEXATION To: The City Clerk and the City Council of the City of Aspen, Colorado PURSUANT to the Municipal Annexation Act of 1965 ("Act"), Part 1, Article 12, Title 31, Colorado Revised Statutes, 1973, as amended, the undersigned hereby petitions and requests 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, more particularly described on "Exhibit All attached hereto and made a part hereof by reference. IN SUPPORT OF THIS PETITION, the petitioner alleges 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 (1/6th) 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, Sections 31-12-104 and 31-122-105, exist or have been met. 8. No annexation proceeding has been commenced for the annexation to a municipality other than the City of Aspen, Colorado, 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 petitioner herein is the sole landowner of the entire territory included in the area to be annexed. 11. The parcel to be annexed was approved for a 50% Density Reduction Lot Split in Pitkin County by the Pitkin County Board of County Commissioners ("BOCCI') on or about November 24, 1992. The parcel subject to the 50% Density Lot Split is located in both Pitkin County and the City of Aspen, approximately 84% and 16%, respectively. 12. The BOCC's approval of the 50% Reduction Lot Split was subject to conditions set forth in Resolution Number 92-418 and Resolution Number 93-169. 13. An extension of statutory Vested Rights application for the 50% Density Reduction Lot Split approval was filed and rejected by the BOCC, but the BOCC adopted a resolution recognizing common law vested rights for the 50% Density Reduction Lot Split. 14. The City of Aspen does not recognize the 50% Density Reduction Lot Split of the City portion of the parcel. 15. The City of Aspen has requested that Petitioner annex the parcel into the City of Aspen and re -apply for lot split approval pursuant to a Subdivision Exemption Lot Split. 16. This Annexation Petition is contingent upon approval of a Subdivision Exemption Lot Split. 17. Upon approval of the instant Annexation Petition, the Applicant will be released from the conditions of approval imposed by the BOCC with respect to Applicant's prior 50% Density Reduction Lot Split approval specifically set forth in the Resolution No. 92-418 and Resolution No. 93-169. 18. Petitioner is exempt from the Growth Management Requirements of a Subdivision Exemption Lot Split pursuant to Section 26.470.070(i). 19. Pursuant to oral Agreement with John Worcester, City Attorney, the Petitioner is exempt from land use application fees associated with this Subdivision Exemption Lot Split application. Petitioner, sole landowner of the property has approved the annexation and having met all c requirements under the Municipal Annexation Act, the City of Aspen approve the annexation of the Dated: PETITIONER: to be annexed, f the requests that proposed area. `Susan H., Horsey 815 West Main Str t Aspen, Colorado 8 6ll 3056\4annexation.petitioxi.2 EXHIBIT A April 19, 2000 (2:40PM) —1 1. fET x3NAx LOT I l0•}0 00 n9 xO_W E I}I.M LAIC xxD "5'r V1FE lmo NANO SIEDIHI.Iw NFIE fuw lr Nlw 1111, NEL. —IT w 1 LEGEND AND NOTES r1RE I—NNArIw FMNISw.o r: ANNESATIM IENONT - IT. —1 OF WAS i.1 TY EiTiETER Of ANNEINTIw .41> 1. FEET O.I>.1 MIDI IN "A—TINx 1/S 10.1DO311 WRYET NDN 1 10 NE .1 FOw INEYW —SlT NDEan HEED INS IT ww s L.P. LOT I— FINK PLAT- PLAT SDM IN AT FNE • W ADOITIEML INIPPININNI S ANDUNE S L . P . ANNEXATION AND LOT SPLIT PLAT TO THE CITY OF ASPEN COUNTY OF FITKIN. STATE OF COLORADO A(Af)q c Ig l5)10 P P 14. . r BLOC G N lS)l0, MKD PMI-Iw Fj a \Jar f r f paN f I LOT 2��/ / D�,l rl'EAIEPEMx �� / 1/ \( I 3 1 I Aew wDIYlf1w i I / I I.M ST. I ww SI NIIS fw VICINITY VICINITY MAP ✓✓✓✓CERTIFICATION OF DEDICiiA11TIEIION AN�D�0***RSNIP EON`�lIE —CIPS'AITxIEL 1. 11RRIx. 911A, �1.ME= xlI! EIE® N saLaw: �OT6 � A.D :, IAIDuIEN LIT W AATCLOF RD11� ]P THE 11.1 T•1EEEs REfaDfD wYFEE. _, x0e0 FLAT SSON ASE /a CwTAIx No I SHN ACIEN �M LEEIN IM_ i EO IIl 30101 1DED INTO OTT SIL I! M F uoER01THE NPLA AND LE ANNEXATION PARCELL� MAOEM T'IDIIAti BMICHITH A =7 ,IDOLU11w1DEWDtaETAwE1D1 arty TwA5irE11CRORMOfERT'IE T110XENLeEI NO IIE OS.)1 FEDETi.i] FEET: T1TMEfNCE E 11IS']C'E EOSI I)FEEEr: TIEIICE S 55.33 E }Il..l FEE! TO A POINT ON THE EASTEALT fOI.MDART LINE OF LOT I: THE RA& MSAID OEASOTEJY IDIO�Esuw LINE Yx_A•SON'E N1.)) FEET TO THE TIENR N )0•x0-N 1M N FEET KaNr 1NE x.R Lt. "' LOT. TIEN[E ] A'AO"• SO DO FEET ALCEO THE SEST IpMA.v LOTIOINMµ] "Emvlslwr LOTS I H 74•20'• ID ADA FEET RECOSD x}I I FEET CHAL A,OIND THE TI—O MONTH aOOMA.♦ T- H 14-13°`.3I]].IDD FEET �OEOI EINIO:TIEFEETI CD,V C D 0 POINTT"TIOF EEo1w IHG. E.—TED 1� , O My r D. }OOO uBE X. HOR E R LOTS}, SANDUES LO! SPLIT � \C STATE OF COLMADOI c TTY OFO0P�ITRIN I '• ~`MY�'+ rD�f T -M: %-T2_0 .v sMi.bN H: NDIIEMETfE D epniEl 1E IS Z I1111!1 1 NNE]AND OFFICIAL ]EFL Divwl•�OrS.wu�v DO A.T Llc INA'DMFA:. SURVEYORS CERTIFICATE nNY HMI NIN HNY DERTIFY1(�!EMT A T]SDI�—ANpp 1 MS D PIIDENPlpI1I,wT I1INSIDEROEE R DIIIOE^E—I— I LIP 1-1. MDOIYI DO"'MGM PAND TY1NE :S NM.Oww w 1HE TITLE MT MK�MADIT4v1 NMES MIA w cl] ON NAP MII 10Y 1111EE WIT U.RL I � fIEMTIOMt T1l I. 3 vE'I W FERioDED WM 1. 1. HIS fTTATYTF I. TIRE 11 .tI i " ! IE ! NF. !SOL fYlv(T QO.Ef 0 ME ]HOED: TILE CE"�4F°.ih4� HIE IEDE.31 ONED A• THOU I— IEFNESFTITA—E "' PITAIN C0IRITI TITLE, GC. DULY O DO WSINES3 IH OwERS w IllAT�HEENOLEI 1E 51 'Ill -1 ill EE TO THE IAKINS IHSTFD N DE]CRIEED NEAL .... ALINgNM SE EEL r-CYEETDHE FACTS TATFD ON i F F TRR, iNl] a TIF—TE IS EF WNITIOE. AS AM Nf TIACT "'TITLE FIAIM "''ITLF MOR O1NAxiEE OF _­LE,AND ISDER{TDOD ND AMEED THAT P IN 9USiv E DA EA LII LITY MM SS IPSNROED NNKI%L Ok IM:IM NiL1tt ENTapEVER w TENEMIICONTAINED HEREIN. IITF COIN TIT_E, 1. EDTEPI EAST N 'It w D'�w i2AYn 93GEp IT. I FL— w•.. Co a.i STATE OF COLMA00 I COMTI OF 11TN 1x I _`DSDEArDOnF ,RR IFI.a:om` .11° t°I•�EI`s ."a'HlsI�e_ � E?IMt. NITACOEII:' — AND OOF11CIAL D SFAL cCaOgN11' �' /�S N]E � Cn rya CITY ENG NEERSAPPROVAL a15 PUl R vED TN OF, OF7EEFEN JEPnI-M1 OF EIE IMEER HMO lv EN011EEI ASF �S(�--- CITY COUNCIL APPROVAL OF �LN;0FAll f. NAP — COMMUNITY DEVELOPMENT APPROVAL THIS PLAT VAN A POOVW W TIE CONN111 OF+ELOMEAL0IEKTM "' TIE Y ANEYr OILOI.ADO S1wFO It�M "'�E�_r33O0. CTM C-ERK AND RECORDER 5 CERTIFICATE f ACCEPTED FM L . IN TIE "'FIR "' TIE "A" AND RECOERP OF NE —, EE I TATE "' COLMAO T O 4oR _.N. MES"'N }ODO, Allb Fl--D 1. LA sa0/l A IE �] . NiEE. RE AND .ECM.10 B K ss;,ED y ASPEN SURVEYH ENGINEERS, INC. 11. TN SKENA f T A—, RL.RADD .:.II —.— INMI w3-III. Jw IS — aac / U.S.D.A. MONUMENT 1'-30 0 30 61 POB LEGEND AND NOTES TITLE INFORMATION FURNISHED BY. PITKIN COUNTY TITLE INC. CASE NO. PCT 14015C� AND PCT14015C2 DATED: JULY 16, 1999 CITY OF ASPEN MONUMENT BEARINGS BASED ON THE CITY MONUMENTS ON THE NORTH LINE OF BLOCK 19 ASPEN TOWNSITE N 75°09'11'W 270.00' ANNEXATION BOUNDARY STATEMENT OF CONTIGUITY CONTIGUITY - 211.81 FEET 0.1783 WHICH IS GREATER THAN 1/6 (0.16667) PERIMETER OF ANNEXATION 1187.14 FEET MAN A 1 VJ7CHNI Y MAP � � in•tttut• ii Mu•�c OMo•W Sf A l r•1.r sr ,Lake _ 1` sf t 'SITEk Iw•Wt•� 1 i t i 1 OWNERS CERTIFICATE KNOW ALL MEN BY THESE PRESENTS THAT THE UNDERSIGNED BEING THE OWNERS OF CERTAIN LAND IN PITKIN COUNTY, COLORADO, DESCRIBED AS FOLLOWS: LOTS 1 AND 2 SANDUNES L.P. LOT SPLIT ACCORDING TO THE PLAT THEREOF RECORDED AUGUST 24, f995 IN PLAT BOOK 38 AT PAGE 4 MORE PARTICURLARY DESCRIBED AS FOLLOWS BEGINNING AT THE NORTH WEST CORNER OF LOT 1 ALSO BEING THE CORNER OF THE HOLDEN TRACT WHENCE A USDA ALUMINUM CAP SET FOR ASPEN TOWNSITE CORNER NO. 7 BEARS N 14°23'53'W 162.89 FEET: THENCE S 83*31 E 95.71 FEET: THENCE S 74°30'E 155.47 FEET: THENCE N 15*30'E 60.81 FEET: THENCE S 55*33'E 211.81 FEET TO A POINT ON THE EASTERLY BOUNDARY LINE OF LOT 2: THENCE ALONG SAID EASTERLY BOUNDARY LINE S 14°50'49'E 93.37 FEET TO THE R NORTHEAST CORNER OF LOT 3 ADAMS SUBDIVISION: THENCE N 79*20 W 146.49 FEET ALONG THE NORTH LINE OF LOT 3 OF SAID ADAMS: THENCE S 14*40 W 30.00 FEET ALONG THE WEST BOUNDARY LOT 3 SAID ADAMS SUBDIVISION: THENCE N 79*20'W 221.08 FEET ALONG THE NORTH BOUNDARY OF LOTS 1 AND 3 OF SAID ADAMS SUBDIVISION (CORNER 13 HOLDEN TRACT): THENCE N 14"35'W 172.00 FEET TO POINT OF BEGINNING. CONTAINING 1.414 ACRES MORE OR LESS SUSAN H. HORSEY, OWNER STATE OF COLORADO) ) ss COUNTY OF PITKIN ) THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE ME THIS _ DAY OF , 2000 BY SUSAN H. HORSEY, OWNER. WITNESS MY HAND AND OFFICIAL SEAL MY COMMISSION EXPIRES NOTARY PUBLIC CITY ENGINEERS APPROVAL THIS ANNEXATION MAP WAS APPROVED BY THE CITY OF ASPEN DEPARTMENT OF ENGINEERING THIS _ DAY OF , 2000. CITY ENGINEER CITY COUNCIL APPROVAL THIS ANNEXATION MAP WAS APPROVED BY THE CITY OF ASPEN, BY THE CITY COUNCIL OF ASPEN, PITKIN COUNTY, BY ORDINANCE NO. SERIES OF 2000. PASSED THIS DATE OF 2000 AND RECORDED IN TAREAL ESTATE RECORDS OF PITKIN COUNTY AS RECEPTION NO. ATTEST: RACHEL RICHARDS, MAYOR KATHRYN KOCH, CITY CLERK CLERK AND RECORDERS CERTIFICATE THIS PLAT ANNEXATION MAP WAS ACCEPTED FOR FILING THE OFFICE OF THE CLERK AND RECORDER OF THE COUNTY OF PITKIN) STATE OF COLORADO, AT OCLOCK M. THIS DAY OF , 2000, AND RECORDED IN PLAT BOOK _ Af PAGE _ AS RECEPTION NUMBER . CLERK AND RECORDER PREPARED BY ASPEN SURVEY ENGINEERS) INC. 210 SOUTH GALENA STREET ASPEN, COLORADO 81611 PHONE/FAX (970) 925-3816 DATE JOB 4/00 29182D Aaq— 1>rrwrilr Ci�f� .Yk U low Ak 1I am1& SANDUNEA5Lop.ANNEX ATION To the City ofAspefl, '"" AVW `ym"ft"" """ '"` """'' "'eA1 W" = ' »" FIN, 3C1 JEER GORDONFAI MEYER INC. JU" ,ter �r M ;••�• "`'"` """° ''"� M W. so Street, &*a Mo Q 8 , Colorado Stool «�.. sir (870) p46- (FAX 845•5848) GORDON MrnW Aapwk Colorado (970) 025-6727 County ofPitkin, State of Colorado SANDUNES ANNEXATION LEGAL DESCit1P11DN Lott 1 and 2, Sandunes L.P. LOT SPLIT, oceorning to the Plot thereof recorded August 24, 1995 b Plot Book 38 at Page 4, bebg more porticularly described os follows: esghmbg at the NW caner of Lot 1, sold corner also being comer 14 of the Holden IAW& %WW �"' Tract N147from Ni 1O the U.S-F.S. b"M cap for Asper► TomWe Comer No. 7 bears As i�,►ro N15'30'00'E 5at15 ft�thwloe S5516100'E 212.22 feet to S74'30'00"E 155.47 ow thence Nne of Lot 2; tM CO sold eaeterl point on the 21.64 feet to the ME cang riy boundary of Lot 3, Adams Se�� , "MR N� 366-85 feet, along ithe north lines of Loh and 1 of sold Adams Subdivision (corner 13, Holden Troct} thence N14'35'00"W 172.00 feet to come- 14 of the Holden Tract, the Point of Beginning, said porcei of dnd containing 1,513 okxes, more or less. '"'m+'aNOmm- Annexation boundary nW Area within the City of Aspen W � STAMENT 9LMMWTY Contiguous Distance - 1182.97 feet Contiguity - 212.22 feet (.1793) (which is greater than i/6(.i666)) Vide Mnsxstian Map am pnepasd by a R sglstered Colorado Profesaiond Land Surveyor 1 as requested by the City Engineer. The basis of Information is the recorded plot maps V at the office of the Pitkkn Countt9y park and Recorder. Approved on the day of 19— Mff I ar Nick Adeh, City Engineer L StspMn L E ftm b*114 w Rsgi *w Land Surveyor in 1M State of Colorado, ds Mreby CWW that this Sandunes L.P. Annexation Map was mode under my XVWV ion and Is true and torrract to the bat of my belief and I fnxther certify that the contiguous boundary of the Parcel ahovsn�than 1/6 (one sixth). I Stephen t 2013 Oote .r z ♦ / �ww.wN� � � 5 Approved by tM City Caxn 1- City of Aspen, Pitkin County, Coiorodo by Ordinonce Number passed this day of 19 Mayor City Clerk 116 Annexation Plat was filed for record in the office of the Clerk and Recorder, PRkin County, C41orodo at —o'clock on this day of A.D. 19_,, filed in Plot Book No. at Poge No. County perk and Recorder CITY OF ASPEN R 05 1O 9 ■ Complete items 1, 2, and 3. Also complete A. Received by (Please Print Clearly 1. Date of,gelivery item 4 if Restricted Delivery is desired. - /( ■ Print your name and address on the reverse C. Signatu so that we can return the card to you. ❑ Agent ■ Attach this card to the back of the mailpiece, X or on the front if space permits' ❑ Addressee 1. Article Addressed to: I kmrp�..���v�I� 5:�ID E- / 0-1n .A5,peVt, C0''16 ft D. 19 delivery address different from item 1? ❑ Yes If YES, enter delivery address below: ❑ No 3. Service Type i9 Certified Mail ❑ Express Mail ❑ Registered ❑ Return Receipt for Merchandise ❑ Insured Mail ❑ C.O.D. 4. Restricted Delivery? (Extra Fee) ❑ Yes 2. Article Number (Copy from service label) W (Ao, 1-222L (,)WZ 0 PS Form 3811, July 1999 Domestic Return Receipt 102595-99-M-1789 UNITED S POSTAL SERVICE First -Class Mail Postage & Fees Paid USPS Permit No. G-10 • Sender: Please print your name, address, and ZIP+4 in this box • S C a, lend. ■ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: -�klvt e, Apofyle`l IvL a t vc ��-� A. Received by (Please Print Date of C. Signa /�'/��� /� ❑ Agent X /& rt 11 `, ✓� ❑ Addressee D. Is delivery address different from item 1? ❑ Yes If YES, enter delivery address below: ❑ No 3. Service Type EJ Certified Mail ❑ Express Mail ❑ Registered ❑ Return Receipt for Merchandise ❑ Insured Mail ❑ C.O.D. 4. Restricted Delivery? (Extra Fee) ❑ Yes 2. Article Number (Copy from service label) PS Form 3811, July 1999 Domestic Return Receipt 102595-99-M-1789 UNITED S0 POSTAL SERVICE • First -Class Mail Postage & Fees Paid LISPS Permit No. G-10 • Sender: Please print your name, address, and ZIP+4 in this box • C�K 30 A0. T D (1 PETITION OF ANNEXATION To: The City Clerk and the City Council of the City of Aspen, Colorado PURSUANT to the Municipal Annexation Act of 1965 ("Act"), Part 1, Article 12, Title 31, Colorado Revised Statutes, 1973, as amended, the undersigned hereby petitions and requests 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, more particularly described on "Exhibit All attached hereto and made a part hereof by reference. IN SUPPORT OF THIS PETITION, the petitioner alleges 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 (1/6th) 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, Sections 31-12-104 and 31-122-105, exist or have been met. 8. No annexation proceeding has been commenced for the annexation to a municipality other than the City of Aspen, Colorado, 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 petitioner herein is the sole landowner of the entire territory included in the area to be annexed. Petitioner, sole landowner of the property to be annexed, has approved the annexation and having met all of the requirements under the Municipal Annexation Act, requests that the City of Aspen approve the annexation of the proposed area. Dated: j`� ,jt'� i 1 2096\4horsey.annexation.petition usan Horsey 330 West Gillespie Aspen, CO 81611 July 19, 1999 (1:47PM) Susan Horsey 330 West Gillespie Aspen, CO 81611 Aspen/Pitkin Planning Office City Hall 130 South Galena, Third Floor Aspen, Colorado 81611 Re: Authorization for Representation Ladies and Gentlemen: This letter will constitute the authorization for B. Joseph Krabacher and Jennifer M. Causing of Krabacher Law Offices, P.C., 201 North Mill, Suite 201, Aspen, Colorado, 81611, (970) 925-6300, to represent Susan Horsey with respect to a Petition for Annexation, Re -zoning, and a Subdivision Exemption Lot Split and all matters related thereto. Very Truly Yours, Dated. Susan Horsey r bi5hop\4horsey.authorizatJ.on