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RESOLUTION NO. f
(Series of 1989)
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 CENTENNIAL/HUNTER CREEK/LONE PINE; FINDING
SUBSTANTIAL COMPLIANCE WITH THE APPLICABLE REQUIREMENTS OF THE
MUNICIPAL ANNEXATION ACT OF 1965 SECTION 31-12-101, C.R.S. ET
~); 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 (Centennial/Hunter Creek/Lone Pine) has been
filed with the City Clerk whereby that territory commonly known
as Centennial/Hunter Creek/Lone Pine and more particularly
described as follows is being petitioned for annexation to the
City of Aspen;
The Centennial/Hunter Creek Annexation is comprised of
lands and subdivisions within the West half and within the
Southeast Quarter of Section 7, Township 10 South, Range 84
West of the Sixth Principal Meridian, Pitkin County,
Colorado, more particularly described as follows:
r"---
Beginning at the center of said Section 7, a 1978 brass cap,
whence a special purpose monument, a brass cap, bears N
67021' W 2.64 feet;
thence S 88053'06" E 223.64 feet to the intersection with
the boundary of the Centennial Subdivision;
thence along the boundary of the Centennial Subdivision the
following courses and distances:
N 01002'42" E 0.76 feet,
S 89003'12" E 34.61 feet,
S 87059'39" E 52.99 feet,
S 34018'25" E 1350.00 feet,
S 47037'25" e 48.47 feet,
S 40028'10" E 59.52 feet,
S 05058123" W 224.13 feet,
S 46005'25" W 65.00 feet,
N 43054'35" W 90.00 feet,
N 86025'00" W 95.80 feet to corner 82,
N 03005'00" W 295.20 feet to corner 81,
N 58005'00" W 412.50 feet to corner 80,
West 253.60 feet to corner 79,
S 73002'00" W 366.20 feet to corner 78,
thence S 73002'00" W 23.14 feet to the intersection with the
easterly boundary of the Aspen Center for Environmental
Studies;
thence along the boundary of the Aspen Center for Environ-
mental Studies the following courses and distances:
N 02000'00" E 84.92 feet,
N 64027'00" W 115.50 feet,
N 05027'00" W 63.32 feet,
N 40030'00" E 144.50 feet,
N 20025'00" E 162.53 feet to the intersection with the
boundary of a tract of land described in Book 348 at Page
951;
thence along said boundary described in Book 348 at Page 51
the following courses and distances:
S 88056'30" E 149.93 feet,
N 64000'00" E 84.13 feet,
S 08000'00" E 36.88 feet,
S 32005'58" E 71.36 feet to the former westerly right-of-way
of the Denver and Rio Grande Western Railroad,
N 08000'00" W 111.40 feet along said boundary and along said
right-of-way line;
thence departing said boundary N 64009'17" E 105.41 feet on
a closing line across said right-of-way to the northwest
corner of a tract of land described in Book 234 at Page 268;
thence along the boundary of said tract on a curve the chord
of which bears N 68002'04" E 296.19 feet to northeast corner
of said tract;
thence N 72031'54" $ 53.29 feet on a closing line along
Hunter Creek and across Red Mountain Road to the westernmost
corner of the Rubey Subdivision;
thence along the southerly boundary of the Rubey Subdivision
and along Hunter Creek the following courses and distances;
N 73007'00" E 74.42 feet,
N 78056'00" E 112.08 feet,
N 68018'00" E 96.00 feet,
S 46031'00" E 62.46 feet,
S 33022'00" E 98.18 feet,
S 85015'00" E 68.68 feet,
S 25001'00" E 82.76 feet,
S 15010'00" W 75.60 feet,
East 40.38 feet,
N 73024'00" E 26.14 feet,
S 33023'24" E 42.51 feet,
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S 51001'41" E 59.93 feet,
S 86014'14" E 201.69 feet,
N 68018'00" E 60.91 feet,
N 61042'00" E 43.17 feet,
N 57006'00" E 43.87 feet to the westernmost corner of Lot 6
of said Rubey SUbdivision;
thence along the southerly boundary of said Lot 6 the
following courses and distances:
S 61049'00" E 601.25 feet,
S 89020'00" E 240.33 feet,
S 01002'42" W 1.63 feet,
S 88048'36" E 2.68 feet to the centerline of said section 7,
N 00059'24" E 234.03 feet along said centerline to the
center of said Section 7, the point of beginning.
and
WHEREAS, pursuant to the procedures of Municipal Annexation
Act of 1965 (Section 31-12-101, et seq., 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
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 in inducement to the City of Aspen to annex the
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aforesaid area, have agreed to convey all appurtenant water
rights to the City and deliver any documents requested by the
City evidencing 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 petition for annexation of territory to the City of
Aspen (Centennial/Hunter Creek/Lone Pine) 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
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(,;L~~c:L/~ ..:27- , 1989, in the City Council Chambers,
Aspen City Hall, Aspen, Colorado.
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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.
/
of the City Council of the City of Aspen (Series of
, a of which is appended hereto, the city Council on
~~
, 1989, 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 (Centennial/Hunter Creek/Lone Pine) 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.
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(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 inte-
grated 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 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
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service by or through a quasi-municipal
corporation."
section 31-12-105, C.R.S., provides as follows:
"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
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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
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 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 .
The hearing shall be conducted in accordance with the
provisions 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
Planning of the City of Aspen is hereby directed to initiate
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appropriate zoning procedures with regard to the territory
proposed to be annexed.
section 5
The City council will conduct said hearing pursuant to the
Dated:
the Municipal Annexation Act of 1965.
"-;)
/;[:2.1'--;''-'-'''-7 d,~ , 1989.
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William L. stirling, yor
provisions of
I, Kathryn S. Koch, duly appointed and acting city Clerk do
certify that the foregoing is a true and accurate copy of that
::::::::~na:d:P:::t::gt::1:itY ~~e ~:;
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of Aspen,
, 1989.
4-~L-
City Clerk
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N 55012'17" W 158.35 feet to the intersection with the
boundary of the Smuggler Enclave Annexation;
thence along the boundary of the Smuggler Enclave Annexation
the following courses and distances:
N 52047'48 E 188.36 feet,
N 54034'55 W 64.87 feet,
N 89025'42 W 98.00 feet,
N 81023'42 W 183.42 feet,
N 63044'45 W 168.04 feet,
S 89057'22 W 304.34 feet to the intersection with the
boundary of the Williams Addition Annexation;
thence along the boundary of the Williams Addition Annexa-
tion the fOllowing courses and distances:
N 78025'15" E 35.66 feet,
N 00040'00" E 54.30 feet,
S 89020'00" E 125.00 feet,
N 00040'00" E 88.00 feet,
S 89025'00" E 74.00 feet,
N 02038'00" W 60.10 feet,
N 89020'00" W 27.40 feet,
N 00040'00" E 170.82 feet,
S 86053'00" W 83.61 feet,
S 62031'44" W 96.07 feet,
N 89020'00" W 103.61 feet,
N 00053'55" E 42.93 feet,
N 86053'00" E 27.89 feet,
N 00040'00" E 50.11 feet,
S 86053'00" W 101.29 feet,
74.73 feet along the arc of a curve to the left having a
radius of 334.30 feet and whose chord bears S 80028'46" W
74.57 feet,
N 89020'00" W 95.53 feet,
S 00040'00" W 46.01 feet,
46.29 feet along the arc of a curve to the left having a
radius of 334.30 feet and whose chord bears S 51051'28" W
46.25 feet,
N 89020'00" W 239.56 feet,
S 15031'27" E 331.52 feet,
S 05024'02" W 26.79 feet on a closing line to Corner 89 of
the North Annexation;
thence along the North Annexation the following courses and
distances:
N 60057'00" W
N 75000'00" W
N 75009'00" W
N 45039'00" W
N 56024'00" W
S 68024'00" W
297.90
194.50
102.70
197.30
114.10
102.30
feet
feet
feet
feet
feet
feet
to
to
to
to
to
to
corner
corner
corner
corner
corner
corner
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88,
87,
86,
85,
84,
83,