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HomeMy WebLinkAboutcoa.lu.an.W Hopkins Ave.A091-00 I!""'\ r '1 CASE NUMBER PARCEL ID # CASE NAME PROJECT ADDRESS PLANNER CASE TYPE OWNER/APPLICANT REPRESENTATIVE DATE OF FINAL ACTION CITY COUNCIL ACTION PZ ACTION ADMIN ACTION BOA ACTION DATE CLOSED BY r' ,.A> .--1 ,',/ A091-00 2735-124-00003 Gluck, Kaplan Annexation (W Hopkins)Martha Washington Mining Claim Nick Lelack Annexation Peter Gluck and Burton Kaplan Zoning File Created 10/20/00 J. Lindt , ~ /~, .,. ~H<'A~d M-k>v~e.y I/I.ltvl&feYf h'lexO\HM) r'1 ,_ :5;~ ~,~'\(' ",,,t'r ur~ s ov(' (T' \rc.-J MEMORANDUM TO: John Worcester, City Attorney JtlHl::~!m"JYQQg~, Community Developme.llt Directbr Nick Adeh, City Engineer FROM: Kathryn Koch, City Clerk DATE: July 19, 2000 RE: Petition for Annexation Attached is petition for annexation from Peter Gluck and Burton Kaplan received July 18, 2000. Also attached is their annexation plat. Attachments '"' .~ {tV\~ ~ /--., PETITION FOR ANNEXATION OF TERRITORY TO THE CITY OF ASPEN, COLORADO The undersigned Petitioner, being the landowners of at least fifty percent of the area within the exterior boundary of the territory hereinafter described, respectfully request the City Council of the City of Aspen to approve the annexation of the proposed area to be annexed in accordance with the provisions ofC.R.S. 1973 31-12,101, ~ ~, as may have been amended, and in support thereof allege as follows: I. It is necessary and desirable that the territory described in the land d,,"cription below be annexed to the City of Aspen. 2. The requirements ofCR.S. 197331-12-104 and 31-12-105 exist or have been met 3. . The Petitioners are all of the owners of the territory sought to be annexed and therefore are the owners of more ilian 50% of the territory sought to be annexed. REOUEST: The Petitioners request that the City of Aspen approve the annexation of the land described below ATTACHMENTS: Accompanying this Petition are the following: (a) Circulator's affidavit (b) Proof of Ownership (copy ofTitle Policy from Pitkin County Title, Inc.) (c) Four (4) prints of an annexation map containing the information required by CR.S. 197331-8-107. PETITIONERS: 19 Union Square West, 12th Floor New York, NY 10003 SIGNATURE [ (\ I \ Peter L. Gluck DATE kh (\ \ ' 4' '1-4 Do . ~ Legal description ofland owned by Peter L. Gluck (Parcel 3): SEE A TTACHE[ MAILING ADDRESS NAME Burton B. Kaplan 1780 Green Bay Road, #205 Highland Park, IL 60035 Legal description of land owned by Burton B. Kaplan (Parcel 2): SEE ATTACHED COUNTERPARTS: This Petition may be signed in multiple counterparts, all of which, when taken together shall constitute one document. , r-.. r-\ AFFIDAVIT OF CIRCULATOR STATE OF NEW YORK COUNTY OF f11V\~" f.." ) ) ss. ) The undersigned, being duly sworn, deposes and states as follows: I ! 1. I am over the age of 21 years; 2. I am the circulator of the foregoing Petition; and, 3. Each signature thereon is the signature of the person whose name it purports to be. ~bh~ Charlie Kaplan - Subscribed and sworn to before me on this 1~ ~ 2Ai dayofJ -. ' ~r!) , by Charlie Kaplan. WITNESS MY HAND AND OFFICIAL SEAL. I . / My commission expires: ~ / Ii''! f) / I I /72!0/tA{ r /tJx?u Notary Public ' MAXINE P. OSNER NOTARY PUBLIC. SI,to at New Vorl< No. S'.~CQQ50G Qu~ifi!).j !~ ~~?"'J York C~y ......;...~, .....:-....~ /, Comm.~~....c.....,"", 6/1J 01 o JUN-22-00 10,17 FROM'CHARLE~.B~ANDT.& ASSQC 10.9709254559 f) PEnnON FOR ANNEXA nON OF TERRITORY T' 1E CITY OF ASPEN, COLORADO '---' PAGE The undersigned Petitioner, being the landowners of at least fIfty percent of the are. .within the exterior boUIJdary of the tcr.ritory herciJlafler described, respectfully request the City Council of the City of Aspen to approve the amlexation of the proposed area to be anncxc4 in aCCC)~"" with the provisions of C.R.S. 1973 31-12-10 1, ~ gg" as may have been amended, and in suppott lb.ereof allege as follows: 1. It is neeE!$S3ry and desirable lb.at lb.. territory descn"bed in the land description below be annexed to the City of Aspen. 2. TherequiIementS ofC.R.S. 197331-12-104 and 31-12-105 exist or have been mct. 3. The Petitioners arc all of the owners of the texritory soueht to be annexed and therefore arc the owners of more than 50% of the texritory sought to be :umexcd. REOUEST: The Petitioners request lhat the City of Aspen approve the amlexation of the land dcscnbed below ATIA~ENTS: Accompanying 1Dis Petition are the following: (a) Circulator's affidac;it (b) Proof of Ownership (copy of Title Policy from Pitkin County Title, In<:.)> ( c) Four (4) prints of all annexation map contoiniDg the infotmation requir..i by C.R.S. 197331-8-107. pF.TITIONERS: NAME MAILING ADDRESS DATE SIGNA1URB Peter L. Glnck . 19 Union Square West, 12"' Floor New Yorl<, NY 10003 Legal description oflan.; owne'; by Peter L. Gluck (parcel3): SEE.. ATIACHED 0 _a...... "W""","''''''- .. I.. I 4J1! I/l. . HigbIandPart-IL 60035 ~O -=t"~ yt(: Legal description of land owned by Burton B. Kaplan (parcel 2): SEE A TIACHED COUNTERPARTS: This Petition may be signed in multiple counterparts. all of which, when taken together shall constitute one document. 3/4 , r"J I""'l j' FNT SCHEDULE A-OWNER'S POLICy CASE NUMBER DATE OF POLICY AMOUNT OF INSURANCE PCT14730C2 January 10, 2000 @ 10:12 AM SEE ATTACHED SCHEDULE 1. NAME OF INSURED: POLICY NUMBER 1312-161455 ASPEN GK, L.L.C., A COLORADO LIMITED LIABILITY COMPANY, AS TO PARCEL 1 BURTON B. KAPLAN, AS TO PARCEL 2 PETER L. GLUCK, AS TO PARCEL 3 2. THE ESTATE OR INTEREST IN THE LAND HEREIN AND WHICH IS COVERED BY THIS POLICY IS: IN FEE SIMPLE 3. THE ESTATE OR INTEREST REFERRED TO HEREIN IS AT DATE OF POLICY VESTED IN: ASPEN GK, L.L.C., A COLORADO LIMITED LIABILITY COMPANY, AS TO PARCEL 1 BURTON B. KAPLAN, AS TO PARCEL 2 . PETER L. GLUCK, AS TO PARCEL 3 4. THE LAND REFERRED TO IN THIS POLICY IS SITUATED IN THE COUNTY OF PITKIN, STATE OF COLORADO AND IS DESCRIBED AS FOLLOWS: . . See Attached Exhibit "A" PITKIN COUNTY TITLE, INC. 601 E. HOPKINS A VB. ASPEN, COLORADO 81611 (970) 9'25-1766/ (970)-925-6527 FAX THE POLICY NUMBER SHOWN ON THIS SCHEDULE MUST AGREE WITH THE PREPRINTED NUMBER ON THE COVER SHEET. . o i""'\ ^ , INSURANCE ALLOCATION The following amounts are the amount of insurance all()~atedto each. parcel under . Fidelity National Title Insurance Policy No. 1312-161455 . . Parcell allocated insurance amount $351,000.00 Parcel 2 allocated insurance amount $1,599,000.00 Parcel 3 allocated insurance amount $10.00 In no event shall the amount of insuranceexceed the allocated<'l!Ilounts foreach parcel as set forth above. TITLE INSlJRAJ'lCE COMPANY BY: FFICER ISSUED BY: PITKI OUNTY TITLE, INC. 601 E. HOPKINS AVE. 3RD FLOOR ASPEN, COLORADO 81611 o o r-" ~ EXHIBIT "An LEG.AL DESCRIPTION PARCEL 1: A tract of land situated in the Southeast QuarterofS~ctio~12, Township 10 South, Range 85 West of the 6th P.M. being a part of the City and Townsite of Aspen, The MW:(aka Marth Washington) Lode Mining Claim U.S. M.S. No. 5793 and The Mary B. NO.2 Lode Mining Claim U.S.M.S. No. 19640, descMbed as follows: Beginning at Corner NO.1 of the said M.W. Lode whence Corner NO.8 of said Townsite of Aspen bears S 60058'30" E 3,268,56 feet: thence N 76038' E 63.70 feet along line 1-5 of saidM.W. Lode, to the TRUE POINT OF BEGINNING; thence N 02'26' E 342.40 feet to the South line of Hopkins Street whence the point of intersection of the said South line of Hopkins Street with line 1-6 of the Mary B. Lode Mining Claim U.S.M.S. No. 5792 (unp,ltented) bears N 75'09'11" W 62.75 feet; thence S 75'09'11" E 150.05 feet along said South line of Hopkins Street and its extension to the Northwesterly Corner of Lot A. Block 32 of said City and Townsite of Aspen; thence Southerly along the Westerly line of said Lot A. 66.77 feet to line 3-4 of said M.W. Lode; thence S 55'16' E 66.69 feet along said line 3-4 to Corner 4 of said M.W. Lode; thence S 02'26' W 155.9 feet to Corner 5 of said M.W. Lode; thence S 76'38' W 196.05 feet along line 5-1 of said MW Lode to the TRUEPqlNT OF BEGINNING. AND THE. SOUTHERLY 20 FEET OF LOTS A, B, C, BLOCK 32, CITY AND TOWNSITE OF ASPEN. EXCEPT those tracts of land lying within the above Parcels A & B , conveyed by Stanford H. Johnson to Lost Diamond, Inc., by Deed recorded November 17, 1986 in Book 522 at Page 836 and May 25, 1988 in Book 564 at Page 863. PARCEL 2: A tract of land situated in the Southeast Quarter of.Section 12, Township 10 South, Range 85 West of the 6rh P.M., Pitkin County, COlorado, the M.W. (aka Martha Washington) Lode Mining Claim U.S.M.S. No. 5793 described as follows: Beginning at Corner NO.2 of said M.W. Lode Mining Claim whence Corner NO.8 ofTClwnsite of Aspen, Colorado bears S 60058'30" E 3268.56 feet; thence N 76'38' E 63.70 feet along line 1-5 of said M.W. Lode Mining Claim to the TRUE POINT OF BEGINNING; thence N 02'26' E 321.47 feet to line 7-8 olthe Townsite of Aspen; thence S 55'16' East along said line 7-8 to the Townsite of Aspen 223.15; thence S 02'26' W 155.90 feet; thence S 76'38' W 196.05 feet to the TRUE POIKlT OF BEGINNING. AND A parcel of land being part of Lot 17, situated in Section 12, Township 10 South, Range 85 West of the 6th P.M., lying SoutherlYJf the Aspen City Southerly boundary,' and Northwesterly of Line 2-3 of MW Survey No. 5793, which is further described as: Beginning at the intersection of ,said Aspen boundary and Line 2-3, also being the Northeast Corner of said Lot 17; thence S 76'38'00" W 14.85 feet along said Line 2-3 to the Southeast Corner of Lot 17; thence N 55'20'24" W 4.74 feet along said Lot 17 Southerly boundary; th.ence N 02'26'00" E 13.08 feet to a point on said Aspen boundary; thence S 55'17'06" E 21.64 feet along said Aspen boundary to the Northeast corner of said Lot 17, the point of beginning; o PARCEL 3: Lot 18 and M.S. 7329. Section 12, Township 10 South, Range 85 West of the 6th P.M. r"\ A,"'\ SCHEDULE B-OWNERS CASE NUMBER PCT14730C2 DATE OF POLICY January 10, 2000 @ 10:12 AM POLICY NUMBER 1312-161455 THIS POLICY DOES NOT INSURE AGAINST lOSS OR DAMAGE BY REASON OF THE FOllOWING: 1. Rights or ciaims of parties in possession not shown by the public records. 2. Easements. or ciaims of easements, not shown by the public records. 3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, any facts which a correct survey and inspection of the premises would disclose and which are not shown by the public records. 4. Any lien. or right to a lien, for services, labor, or material heretofore or hereafter furnished, imposed by law and not shown by the public records. 5. Water rights. ciaims or title to water. 6. Taxes for the year 2000 not yet due or payable. 7. Right of the proprietor of a vein or lode to ~xtl13ct and remove his ore therefrom, should the same be found to penetrate or intersect the premises hereby granted and right of way for ditches or canals constructed by the authority of the United States as reserved in United States Patent recorded September 18, 1923 in Book 136 at Pages 405 and 453. 8. Easement for Ingress and egress as set forth in Deed recorded November 17,1986 in Book 522 at Page 836. EXCEPTIONS NUMBERED 1 and 4 ARE HEREBY OMITTED. " o