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Home My WebLink Aboutresolution.council.023-03 RESOLUTION NO. 4"5 (Series of 2003) A RESOLUTION OF THE CITY COUNCIL OF ASPEN, COLORADO. RELATIVE TO THE PETITION FOR ANNEXATION OF TERRITORY TO THE CITY OF ASPEN, COMMONLY KNOWN AS THE "KAPLAN PROPERTY ANNEXATION"; 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 February 27. 2003. one hundred pement of the owners of certain property simare adjacent to the boundaries of the City of Aspen did file with the City Clerk of the City of Aspen a Petition for Annexation of territo .ry to the City of Aspen, whereby real property described in said 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 ten annexation maps, have 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. 1 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 heating to determine if the proposed annexation complies w/th Sections 31-12-104 and 31z12-105, 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 April, 2003, in Council Chambers at City Hall, 130 S. Galena, Aspen, Colorado 81611. (A date which is not less than thirty days or 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 am~exed meets the applicable requirements of Sections 31-12-104 and 31-12-105, C.R.S., and is considered elig/ble 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 such notice shall be at least thirty days prior to the date of the heating. The proof of publication of the resolution 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 days prior to the date fixed 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, and to prepare and thereafter submit an annexation impact report in accordance with Section 31-12-108.5, C.R.S., to the Pitkin County Board of County Commissioners at least twenty five (25) days prior to the date established for a public hearing. INTRODUCED, READ AND ADOPTED by the City Council of the City of Aspen on the ' ~/d~ay of ~, 2003. l~elt~n l~al)~l~a~d-erud, Mayo~"' I, Kathryn S. Koch, duly appointed and acting City Clerk do certify that the foregoing is a tree 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. Kathryn S.~o~h, City-Clerk ~b,19. 2003 PETITION FOR AN'~EXAT1ON OF TERRITORY TO TIlE CITY OF ASPEN, COLOR~DO The undersigned Petitioner, being the la~adowners of at least £~ percent of the are~ within th~ e~terior boundary of the territory hemlnafte~ described, respectfully request the C~ty Council of the City of Aspen to apl~ove the annexation of the p~oposed area to be annexed in accordance with the 1~ovisio~ o£C.R.S. 1973 31-12~10I, ~ ~eq., as may have been amended, a~d in suppor~ thereof allege as follows: 1, It ~s necessary and desirable that the territory descn'oed in the land description below be annexed to thc City of Aspen. 2, The requirements of C.P,~S. I975 31-12-104 and 31-12-105 exist or have bee~ met. 3. T~e pet~6oners are all of the owners of the territory sought to be annexed ~ thereforc are the owners o£more than 50% of the te~rltory soug~ to be am~exed. p,~EQ UEST,: The Petitioners request that the City o£Aspen approve the annexation of the land described below ATTACItMENTS: Aeeo~pan3d~g this petition are the £ollowi~g: (b) Proof of O~ (c~y of Title Policy ~om Pi~n Co~w Title, (c) Fo~ (4) p~ of ~ ~xafio~ ~p ~n~ ~e i~o~un req~ed by C.R,S. 1973 31-8-107. PE~TIONE~: N~ ~G ~D~SS DATE SIGNA~ ~gal de~ipfion of l~d o~d by P~ L, Gluek (~cel 3): B~on B. Kapl~ I780 ~een Bay Koad~ ~05 Highlm4 P~ IL 60035 ~gd des~pfion of l~d o~ed by B~ B. Kapl~ (P~d 2): ~ 2 ~CHED CO~TS: ~s PeO~on ~y be s~ed ~ ~fiple co~t~, ~ of whic~ when t~en loge~ shall ~m~mte one flocmt. Feb.19. 2003 4:30PM No.0822 P. 3/4 PETITION FOR ANNEXATION O1r TERRITORY TO TIlE CITY OF ASPEN, COLORADO The undersigned Petitioner, be~ ~e l~do~ers of at least ~ perc~t of ~e ~ea ~ ~ ~t~or bo~ of ~e ~mto~ h~ina~er described, re~ec~ly ~est ~e Ci~ Co~c~ of ~e Ciw of A~en to a~rove ~e ~a~on of ~ proposed sea to be ~exed ~ ac~nce ~ ~e provisions of C.R.S. t~3 31-t 2- ~ ~ ~y ~ve bc~ amende~ ~d ~ sup~ ~f ~lege as follows: 1. It is necess~ mad deskable &at ~e t~itory described ~ ~e laad desc~p~on below be to ~e Ci~ of Asp~ 2. The ~q~ents of C.R.S. 1973 31-12-104 ~d 31-12-105 ~t ~ ~ve b~ 3. ~e Pcfifionen ~e all of ~e o~e~ of t~ ~mto~ sought to be a~xcd ~ ~fore o~ of mo~ *bin 50% of ~e te~ sought to be ~e Pe~onm r~uest ~at thc Ci~ of Aspen approve ~e a=exa~o~ of ~e land des~bed belo~v A~AC~E~S: Acco~ t~ Petition a~ ~e lo,owing: (a) C~lator's ~t (b) Proof of O~$h~ (copy of TM¢ Policy fr~ Pi~ Co~w Tifio, (c) F0~ (4) ~ of ~ ~exati~ ~p con~ ~e ~or~o~ ~u~ed by C.R.S. 1P73 N~E M~L~G ADD.SS DATE Pe~ L. Gluck 19 Uni~ S~re West, 12¢ NvwYo~ NY 10003 Legal ~s~pfion of 1~ v~ by Pe~r L. Gluok (P~c~l 3): SE~ ATTACHED Hig~and Park, U. 60035 . ~gal des~pfion of l~d o~ed by ~on B. Kapl~ (P~c¢I 2): SEE ~ ~s P~ti~ ~y ~ si~ed ~ mMfipl¢ co~, all of which, whea ~en ~g¢~ez s~E com~te one do~t. ~b,19. 2003 4:35PM No.0822 P, 4/4 AFFIDAVIT 0F CIRCULATOR The undersigned, being duly sworn, deposes and states as £ollows: I. I am over the age of 21 years; 2, I am the ¢i~oulator of the tore, going Petition; and, 3. Each sig~atuze thereon is ~e $1~atu~e of the person whose name it purports to be. Ch~-~K~plan ~" ~"-'---~ Subscribed and sworn to befoz:e me, oz~ this ~ ~'/day of Fcbraary, 2003, by Cb~Iie Kaplan. WITNESS MY HAND AND.OF~CIAL SEAL. Notary lhfl~lic . ~ Commission E~res 011171200~ , .... I ~Xoc~ f~ ,I ~c~ ~ / / ~ / ANNEXAT Ok DESCR PTION