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RESOLUTION NO. ;;J 5
(Series of 1988)
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 LONE PINE/HUNTER LONG HOUSE; FINDING SUBSTAN-
TIAL COMPLIANCE WITH THE APPLICABLE REQUIREMENTS OF THE MUNICIPAL
ANNEXATION ACT OF 1965 SECTION 31-12-101, C.R.S., ET SEO.);
ESTABLISHING 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 ANNEXED
WHEREAS, the annexed Petition for Annexation of Territory to
the City of Aspen (Lone Pine/Hunter Long House Annexation) has
been filed with the City Clerk whereby that territory commonly
known as Lone Pine/Hunter Long House and more particularly
described as follows is being petitioned for annexation to the
City of Aspen:
This Lone Pine/Hunter Long House Annexation is comprised of
lands and subdivisions within the West half of Section 7,
Township 10 South, Range 84 West of the 6th Principal
Meridian. The boundary of said annexation is more fully
described as follows:
Beginning at Angle Point No. 78 of the North Annexation to
the City of Aspen, whence the West Quarter Corner for said
Section 7 bears North 29 24'25" West, 530.99 feet; thence
following said North Annexation to Angle Point No. 79, which
corner is also Corner No.5 of the R.&R.G.W. Railroad right-
of-way; thence East, 253.6 feet (255.6 feet) to Angle Point
No. 80; thence South 58 05' East, 421.5 feet 'along the
centerline of the Roaring Fork River to Angle Point No. 81;
thence South 03 05' East, 295.2 feet along the centerline of
the Roaring Fork River to Angle Point No. 82; thence South
86 25' East, 95.8 feet along South Avenue to Angle Point No.
83; thence North 68 24' East (South 68 24 East), 102.3 feet
along South Avenue to Angle Point No. 84; thence South 56
24' East, 114.1 feet along South Avenue to Angle Point No.
85; thence South 45 39' East, 197.3 feet along South Avenue
to Angle Point No. 86; thence South 75 09' East, l02.7 feet
along South Avenue to Angle Point No. 87; thence South 75
00' East (South 79 00' East), 194.5 feet along South Avenue
to Angle Point No. 88; thence South 60 57' East, 297.9 feet
along South Avenue to Angle Point No. 89; thence departing
the North Annexation boundary North 26 07'51" East 29.39
feet more or less to the Southeast corner of the Lone pine
Road as shown on the Hunter Creek Subdivision Plat recorded
in Plat Book 16 at Page 84, in the records of the Pitkin
County Clerk and Recorder; thence along said Hunter Creek
Subdivisions Westerly boundary North 55 07'29" West, 94.13
feet; thence North 15 31'27" W, 404.55 feet; thence along
the arc of a curve to the left 105.58 feet with the radius
of 256.76 feet (the long chord for said arc bears North 27
l8'15" West, 104.84 feet); thence South 00 04'00" W, 24.84
feet; thence North 89 20'00" West, 181.86 feet; thence North
17 31'30" West, 147.88 feet; thence North 57 28'00" West,
87.99 feet; thence North, 90.43 feet; thence North 54 50'00"
West, 22.97 feet; thence along the arc of a curve to the
right 290.54 feet with the radius of 167.50 feet (the long
chord for said arc bears North 05 08'30" West, 255.46 feet);
thence North 44 33' East, 59.40 feet; thence North, 65.40
feet to a point in Hunter Creek, also a point on the
Southerly boundary of Rubey Subdivision recorded in the
office of the Pitkin County Clerk and Recorder in Plat Book
5 at Page 41; thence departing the Hunter Creek Subdivision
and following Hunter Creek and the Rubey Subdivisions
Southerly boundary North 86 14'13" West, 181.69 feet; thence
North 51 01'41" West, 59.93 feet; thence North 33 23'24"
West, 42.51 feet; thence South 73 24'00" West, 26.14 feet;
thence West, 40.38 feet; thence North 15 10'00" East, 75.60
feet; thence North 25 Ol'OO" West, 82.76 feet; thence North
85 15'00" West, 68.68 feet; thence North 33 22'00" West,
98.l8 feet; thence North 46 31'00" West, 62.46 feet; thence
South 68 18'00" West, 96.00 feet; thence South 78 56'00"
West, 1l2.08 feet; thence South 73 07'00" West, 74.42 feet;
thence departing the Rubey Subdivision boundary and continu-
ing along Hunter Creek South 8l 48'04" West, 48.68 feet;
thence along the long chord of an arc South 68 02'04" West,
296.19 feet; thence south 60 West, 160 feet; thence South 80
West, 210 feet more or less to the center of the Roaring
Fork River at the confluence with Hunter Creek; thence
departing Hunter Creek and following the Roaring Fork River
South 20 West, 210 feet; thence South 50 West, 80 feet;
thence South 10 East, 80 feet; thence South 65 East, 150
feet; thence South 01 14'30" West, 54.43 feet ore or less to
the point of beginning.
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NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF ASPEN, COLORADO:
section 1
That petition for annexation of territory to the City of
Aspen (Lone pine/Hunter Long House Annexation) annexed hereto and
incorporated herein by reference 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
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 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
02t~~. day Of~~~~ , 1988, in the city council
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Chambers, Aspen city Hall, Aspen, Colorado.
section 3
The city Clerk shall give notice as required by section 3l-
12-108, C.R.S., substantially in the following form:
"PUBLIC NOTICE IS HEREBY GIVEN THAT pursuant to Resolution
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No. D2~ of the city Council of the city of Aspen (Series of
1988), a copy of which is appended hereto, the city Council on
~J cl0 , 1988, at 5:00 p.m., in the city
council Chambers, Aspen City Hall, 130 South Galena Street,
Aspen, Colorado, will hold a hearing upon said resolution for the
purpose of determining and finding whether the area proposed for
annexation by that Petition for Annexation of Territory to the
City of Aspen (Lone Pine/Hunter Long House 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 annexation.
section 31-12-104 provides as follows:
"Eligibility 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 public or private right-of-way, a
public or private transportation right-of-way or
area, or a lake, reservoir, stream, or other
natural or artificial waterway between the
annexing municipality and the land proposed to be
annexed.
(b) That a community of interest exists between the
area proposed to be annexed and the annexing
municipality; that said area is urban or will be
urbanized 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
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contiguity with the annexing municipality required
by paragraph (a) of this subsection (I) shall be a
basis for a finding of compliance with these
requirements unless the governing body, upon the
basis of competent evidence presented, at the
hearing provided 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 resi-
dents of the area proposed to be annexed make
use of part or all of the following types of
facilities of the annexing municipality:
Recreational, civic, social, religious,
industrial, or commercial; and less than
twentY-five percent of said area's adult
residents are employed in the annexing
municipality. If there are not adult resi-
dents at the time of the hearing, this
standard shall not apply.
(II) One-half or more of the land in the area
proposed to be annexed (including streets) is
agricultural, and the landowners of such
agricultural land, under oath, express an
intention to devote the land to such agri-
cultural 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
provides in common to all of its citizens on
the same terms and conditions as such
services are made available to such citizens.
This standard 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."
Section 31-12-105, C.R.S., provides as follows:
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"Limitations.
(1) Notwithstanding any prov1s1ons of this part 1 to the
contrary, the following limitations shall apply to all
annexations:
(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 dedicated street, road,
or other public 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 improvements situated thereon has
valuation for assessment in excess of two hundred
thousand dollars for ad valorem tax purposes for
the year next preceding the annexation) shall be
included 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 municipality as they
exist at the time of annexation. In the applica-
tion of this paragraph (b), contiguity shall 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 valid when annexation proceedings
have been commenced for the annexation or 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
petition is filed 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
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petition or on the resolution of intent by the
setting of the hearing in accordance with Section
3l-12-108 is taken within ninety days after the
said filing if an annexation procedure initiated
by petition for annexation is then completed
within the one hundred fifty days next following
the effective date of the resolution accepting the
petition and setting the hearing date and if an
annexation procedure initiated by resolution of
intent or by petition for an annexation election
is prosecuted without unreasonable delay after the
effective date of the resolution setting the
hearing date.
(d) As to any annexation which will result in the
detachment of area from any school district and
the attachment of the same to another school
district, no annexation resolution pursuant to
Section 31-12-107 is valid unless accompanied by a
resolution of the board of directors of the school
district to which such area will be attached
approving such annexation.
Said notice shall be published once a week for four succes-
sive weeks in the Aspen Times, 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 /2/[(-:1(.6:1--1 c15" , 1988.
The hearing shall be conducted in accordance with the
provisions of sections 31-l2-109 and 31-l2-110, C.R.S.
section 4
Pursuant to section 31-12-115, C.R.S., the Director of
Planning of the City of Aspen is hereby directed to initiate
appropriate zoning procedures with regard to the territory
proposed to be annexed.
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Section 5
The city Council will conduct said hearing pursuant to the
provisions of the Municipal Annexation Act of 1965.
Dated:
au~
/6 , 1988.
~~'-- ~~
~4'~~' v(.~/~
william L. stir1ing, Mayor
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,
Colorado, at a meetinq held ~ J? , 1988.
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