HomeMy WebLinkAboutcoa.lu.an.Sandunes.2000SANDUNES
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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)
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LEGEND AND NOTES
r1RE I—NNArIw FMNISw.o r:
ANNESATIM IENONT -
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S ANDUNE S L . P . ANNEXATION AND LOT SPLIT PLAT
TO THE CITY OF ASPEN
COUNTY OF FITKIN. STATE OF COLORADO
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CITY ENG NEERSAPPROVAL
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CITY COUNCIL APPROVAL
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COMMUNITY DEVELOPMENT APPROVAL
THIS PLAT VAN A POOVW W TIE CONN111 OF+ELOMEAL0IEKTM "' TIE
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C-ERK AND RECORDER 5 CERTIFICATE
f ACCEPTED FM L . IN TIE "'FIR "' TIE "A"
AND RECOERP OF NE —, EE I TATE "' COLMAO T
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ASPEN SURVEYH ENGINEERS, INC.
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U.S.D.A. MONUMENT
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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
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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
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SANDUNEA5Lop.ANNEX ATION
To the City ofAspefl,
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FIN,
3C1 JEER GORDONFAI
MEYER INC.
JU" ,ter
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M W. so Street, &*a Mo
Q 8 , Colorado Stool
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(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
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1. Article Addressed to:
I kmrp�..���v�I�
5:�ID E- / 0-1n
.A5,peVt, C0''16 ft
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If YES, enter delivery address below: ❑ No
3. Service Type
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PS Form 3811, July 1999 Domestic Return Receipt 102595-99-M-1789
UNITED S
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■ Print your name and address on the reverse
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■ Attach this card to the back of the mailpiece,
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Date of
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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
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(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