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RESOLUTION NO. /~
(Series of 1990)
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 DEPAGTER PARCEL; FINDING SUBSTANTIAL
COMPLIANCE WITH THE APPLICABLE REQUIREMENTS OF THE MUNICIPAL
ANNEXATION ACT OF 1965 SECTION 31-12-101, C.R.S. ET SEQ.); 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 (The Depagter Parcel) has been filed with the
city Clerk whereby that territory commonly known as The Depagter
Parcel and more particularly described as follows is being peti-
tioned for annexation to the city of Aspen;
A tract of land lying in the NE 1/4 of the SW 1/4 of section
12, Township 10 South, Range 85 West of the 6th P.M. Said
tract is more fully described as follows:
Beginning at a point which is Corner 4 of the North Texas
Millsite U.S.M.S. 3288; thence N 15030' E, 37.00 feet;
thence N 25014'15" E, 93.62 feet; thence N 11010'19" E,
209.87 feet; thence S 15030' W, 21.85 feet; thence N 74030'
W, 130 feet more or less to the center line of Castle Creek;
thence Southeasterly 360 feet more or less along the center
line of Castle Creek to the point of beginning, containing
36732 sq. ft. more or less (0.84 acres ~).
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 31-12-101, et seq.,
and
i~ 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 100% of the
landowners 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
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, subject to an agreement by the
City to release to Petitioner rights to a domestic well as
negotiated by the parties in a mutually satisfactory manner.
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 (The DePagter Parcel) 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.
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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 is not obligated to
hold a hearing to determine if the proposed annexation complies
with sections 31-12-104 and 31-12-105, C.R.S.
section 3
The city Clerk shall give public notice as required that the
Aspen City Council made a finding of fact that the subject parcel
has been entirely contained within the boundaries of the City of
Aspen for more than three years; that the City of Aspen intends
to annex the subject parcel by ordinance; that the City of Aspen,
pursuant to section 31-12-106, is exempt from sections 31-12-104,
31-12-105, 31-12-108 and 31-12-109, C.R.S.; that notice of the
proposed annexation ordinance shall be given by publication as
provided in C.R.S. 31-12-108(2) for notice of annexation peti-
tions and resolutions initiating annexation proceedings; that a
public hearing on the proposed annexation ordinance shall not be
required; and that the first publication of notice shall be at
least thirty days prior to the adoption of the annexation
ordinance.
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
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be at least thirty (30) days prior to the adoption of the annex-
ing ordinance.
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.
Dated:
71ttl--i.-r!-/J
~ ' 1990.
~i~aYOr
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 meeting held ~~ d6 , 1990.
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