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RESOLUTION NO. 17
(Series of 1986)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN RELATIVE TO
THE PETITION FOR ANNEXATION OF TERRITORY TO THE CITY OF ASPEN,
COMMONLY KNOWN AS THE WILLIAMS ADDITION; FINDING SUBSTANTIAL COM-
PLIANCE WITH THE APPLICABLE REQUIREMENTS OF THE MUNICIPAL ANNEXA-
TION ACT OF 1965 (Section 31-12-101, C.R.S., ~~~EQ.); ESTABLISH-
ING A DATE, TIME, AND PLACE THAT THE CITY COUNCIL WILL HOLD A
HEARING TO DETERMINE IF THE PROPOSED ANNEXATION COMPLIES WITH
SECTIONS 31-12-104 AND 31-12-105, C.R.S.; AND AUTHORIZING THE
INSTITUTION OF ZONING PROCEDURES FOR LAND IN THE AREA PROPOSED TO
BE ANNE XED
WHEREAS, the annexed a Petition for Annexation of Territory
to the City of Aspen (Williams Addition Annexation) has been filed
with the City Clerk whereby that territory commonly known as the
Williams Addition and more particularly described as follows is
being petitioned for annexation to the City of Aspen;
The Williams Addition Annexation is a tract of land in the
Northwest one-quarter of the Southeast one-quarter of the
East hal f of the Southwest one-quarter of Section 7, 'Ibwnship
10 South, Range 84 West of the 6th Principal Meridian, Pitkin
County, Colorado, being known as the Williams Addition and is
more fully described as follows:
Beginning at the point NA 89 of the North Annexation to the
City of Aspen, Pitkin County, Colorado; thence Southeasterly
along said North Annexation boundary the following courses,
So uth 48049 1 East, 185. 0 feet to corner NA 90;
South 240391 East, 91.2 feet to corner NA 91;
South 18031 1 East, 89.3 feet to corner R1\ 92;
South 100411 East, 32.63 feet more or less to an intersection
with the Smuggler Enclave Annexation to said City of Aspen;
thence Northeasterly as the Smuggler Enclave Annexation may
bear the following courses,
North 24005124" East, 108.65 feet;
North 37011141" East, 20.25 feet;
South 44035150" East, 12.15 feet;
North 29003105" East, 102.32 feet;
South, 4.08 feet;
North 37011141" East, 154.57 feet;
North 78025115" East, 77.68 feet to an intersection with the
Centennial Condominium; thence along said Centennial
Condominium boundary the following courses,
North 78025115" East, 35.66 feet;
North 000401 East, 54.30 feet;
South 890201 East, 125.00 feet;
North 000 401 East, 88.00 feet;
South 890201 East, 74.00 feet;
Nor th 020381 We st, 60. 10 feet;
Nor th 89 0201 West, 27.40 feet;
North 000401 East, 170.82 feet;
South 860531 West, 83.61 feet;
South 62031144" West, 96.07 feet;
North 890201 West, 103.01 feet;
North 00053155" East, 42.93 feet;
North 860531 East, 27.89 feet to an intersection with the
Hunter Creek Condominium; thence following said Hunter Creek
Condomini urn boundary,
North 000401 East, 50. 11 feet;
South 860531 West, 101.29 feet;
thence along a curve to the left a distance of 74.73 feet,
the radius of said curve being 334.30 feet;
North 890201 West, 95.53 feet;
South 000401 West, 46.01 feet;
thence along a non-tangent curve to the left a distance of
46.29 feet, the radius of said curve being 334.30 feet, and
the chord for said curve bears South 51051128" West, 46.26
feet; thence cont in uing along said Hunter Creek Condom ini um
bound ar y,
North 890201 West, 239.56 feet;
South 15031127" East, 331.52 feet to the southeast corner of
Lone Pine Road as shown on the Hunter Creek Condominium Plat;
thence along a closing line for this Williams Addition
Annexation South 26007151" West, 29.39 feet more or less to
the point of beg inning.
and
WHEREAS, pur suant to the proced ures of Mun ic ipal Annex ation
Action of 1965 (Section 31-12-101, ~!-~~~, C.R.S.) the City Clerk
has referred the petition as a communication to the City Council
for appropriate action to determine whether it is substantially in
compliance with subsection (1) of Section 31-12-107, C.R.S.; and
WHEREAS, the petition, including accompanying copies of an
annexation map, have been reviewed by the City Attorney and City
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Engineer, and have been found by them to contain the information
required by subsection (1) of Section 31-12-107, C.R.S., which
findings are hereby adopted by the City Council; and
WHEREAS, the petition has been signed by the landowners of
more than 50% of the area proposed to be annexed, excluding public
streets and alleys; and
WHEREAS, Paragraph "6" of the petition recites that peti-
tioners, as an inducement to the City of Aspen to annex the afore-
said area, have agreed to convey all appurtenant water rights to
the City and deliver any documents requested by the City evidenc-
ing the dedication of any interest the petitioners may have in
said water rights.
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 (Williams Addition Annexation) annexed hereto and incor-
porated herein by reference is hereby found and determined to be
in substantial compliance with the provisions of Section (1) of
Section 31-12-107, C.R.S.
Section 2
-------
In accordance with Section 31-12-108, C.R.S., which requires
that as a part of a resolution finding substantial compliance of
an annexation petition, the governing body shall establish a date,
time and place to hold a hearing to determine if the proposed
annexation complies with Sections 31-12-104 and 31-12-105, such
3
hearing to be held not less than 30 days nor more than 60 days
after the effective date of the resolution, the City Council does
hereby call a public hearing to be held on the 28th day of July,
1986, in the City Counc il Chambers, Aspen City Hall, Aspen, Colo-
r ado.
Section 3
The City Clerk shall give notice as required by Section 31-
12-108, C.R.S., substantially in the following form:
"PUBLIC NOTICE IS HEREBY GIVEN THAT pursuant to Resolution
No. 17 of the City Council of the City of Aspen (Series of 1986),
a copy of which is appended hereto, the City Council on July 28,
at 5:00p.m., in the City Council Chambers, Aspen City Hall, will
hold a hearing upon said resolution for the purpose of determining
and finding whether the area proposed for annexation by that Peti-
tion for Annexation of Territory to the City of Aspen (Williams
Addition Annexation) meets the applicable requirements of Sections
31-12-104 and 31-12-105, C.R.S., commonly known as the Municipal
Annexation Act of 1965 and is, therefore, eligible for annexa-
t io n .
Section 31 -12 -104 prov id es as follows:
II El ig ibil ity for annexation.
(1) An area is eligible for annexation if the governing
body, at a hearing as provided in Section 31-12-109,
finds and determines:
(a) That not less than one-sixth of the perimeter of
the area proposed to be annexed is contiguous with
the annexing municipality. Contiguity shall not be
affected by the existence of a platted street or
alley, a publ ic or pr iv ate rig ht- of-way, a publ ic
or private transportation right-of-way or area, or
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a lake, reservoir, stream, or other natural or
artificial waterway between the annexing municipal-
i ty and the land proposed to be annexed.
(b) That a community of interest exists between the
area proposed to be annexed and the annexing muni-
cipality; that said area is urban or will be urban-
ized in the near future; and that said area is
integrated with or is capable of being integrated
with the annexing municipality. The fact that the
area proposed to be annexed has the contiguity with
the annexing municipality required by paragraph (a)
of this subsection (1) shall be a basis for a find-
ing of compliance with these requirements unless
the governing body, upon the basis of competent
ev idence presented at the hear ing prov ided for in
section 31-12-109, finds that at least two of the
following are shown to exist:
(I) Less than fifty percent of the adult residents
of the area proposed to be annexed make use of
part or all of the following types of facili-
ties of the annexing municipality: Recrea-
tional, civic, social, religious, industrial,
or commercial; and less than twenty-five per-
cent of said area1s adult residents are
employed in the annexing municipality. If
there are not adult residents at the time of
the hearing, this standard shall not apply.
(II) One-half or more of the land in the area pro-
posed to be annexed (including streets) is
agricultural, and the landowners of such agri-
cultural land, under oath, express an inten-
tion to devote the land to such agricultural
use for a period of not less than five years.
(III) It is not physically practicable to extend to
the area proposed to be annexed those urban
services which the annexing municipality pro-
vides in common to all of its citizens on the
same terms and conditions as such services are
made available to such citizens. This stan-
dard shall not apply to the extent that any
portion of an area proposed to be annexed is
provided or will within the reasonably near
future be provided with any service by or
through a quasi-municipal corporation.
Sec. 31-12-10-5, C.R.S., provides as follows:
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"Limitations.
(1) Notwithstanding any provlslons of this part 1 to the
contrary, the following limitations shall apply to all
annex at ions:
(a) In establishing the boundaries of any 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, shall be divided into separate
parts or parcels without the written consent of the
landowners thereof unless such tracts or parcels
are separated by a ded icated street, road, or other
publ ic way.
(b) In establishing the boundaries of any area proposed
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, comprising twenty acres or more
(which, together with the buildings and improve-
ments situated thereon has a valuation for assess-
ment in excess of two hundred thousand dollars for
ad valorem tax purposes for the year next preceding
the annexation) shall be incl uded under this part 1
without the written consent of the landowners
unless such tract of land is situated entirely
within the outer boundaries of the annexing munici-
pality as they exist at the time of annexation. In
the application of this paragraph (b), contiguity
shall not be affected by a dedicated street, road,
or other public way.
(c) No annexation resolution pursuant to section 31-12-
106 and no annexation petition or petition for an
annexation election pursuant to section 31-12-107
shall be val id when annexat ion proceed ings have
been commenced for the annexation of part or all of
such territory to another municipality, except in
accordance with the provisions of section 31-12-
114. For the purpose of this section, proceedings
are commenced when the pet i tion is fil ed with the
clerk of the annexing municipality or when the
resolution of intent is adopted by the governing
body of the annexing municipality if action on the
acceptance of such petition or on the resolution of
intent by the setting of the hearing in accordance
with section 31-12-108 is taken within ninety days
after the said filing if an annexation procedure
initiated by petition for annexation is then com-
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pleted within the one hundred fifty days next fol-
lowing the effective date of the resolution accep-
ting the petition and setting the hearing date and
if an annexation procedure initiated by resol ution
of intent or by petition for an annexation election
is prosecuted without unreasonable delay after the
effective date. of the resol ution setting the hear-
ing date.
(d) As to any annexation which will result in the
detachnent of area fran any school district and the
attachment of the same to another school district,
no annexation resol ution pursuant to section 31-12-
107 is val id unl ess accompanied by a resol ution of
the board of directors of the school district to
which such area will be attached approv ing such
annex ation.
Said notice shall be published once a week for four succes-
sive weeks in the ~~E~.!l...!..i:me~, a newspaper of general circulation
in the area proposed to be annexed. The first publication shall
be at least thirty (30) days prior to the date of the hearing,
specifically June 19, 1986.
The hear ing shall be cond uc ted in accord ance with the prov i-
sions of Sections 31-12-109 and 31-12-110, C. R. S.
Section 4
Pursuant to Section 31-12-115, C.R.S., the Director of Plan-
ning of the City of Aspen is hereby directed to initiate appropri-
ate zoning proced ures wi th reg ard to the terr itory proposed to be
annex ed .
Section 5
----_._--
The City Council will conduct said hearing pursuant to the
provisions of the Municipal Annexation Act of 1965.
Da ted: _________________________, 1 986.
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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, Colo-
rado, at a meeting held June 16, 1986.
vii
J@,-'--A.4..~ ~~~__i-t~~~____
Kathryn S.jl\OCh, City Clerk
3F
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WILLIAMS ADDITION ANNEXATION
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~ SMUGGLER ENCLAVE
., ANNEXATION TO THE
"A" '€ SOU",, ..01' CITY OF ASPEN
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, Contiguous boundary of annexing
,...,)"O"lo ,a.", municipal ity (the City of Aspen)
NORI~ ANNEx'AT10N ,.,,'.'"l, 20.U there are no other municipal ities
TO THE CITY OF ASPEN '2."(.101,.,' abutting the area proposed to be
annexed
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