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HomeMy WebLinkAboutresolution.council.003-92 RESOLUTION NO. ~ (Series of 1991) 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 BERGER PARCEL; 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 SECTION 31 - 12~ 105, C.R.S.; AUTHORIZING PUBLICATION OF NOTICE OF SAID HEARING; AUTHORIZING THE INSTITUTION OF ZONING PROCEDURES FOR LAND IN THE AREA PROPOSED TO BE ANNEXED; AND, AUTHORIZING THE CITY ATTORNEY TO NEGOTIATE A MUNICIPAL SERVICES AGREEMENT WITH THE PETITIONER. WHEREAS, on October 22, 1991, B. N. Berger did file with the City Clerk of the City of Aspen a Petition for Annexation of territory to the City of Aspen, whereby real property described in said petition as a parcel of land in Section 12, Township 10 South, Range 85 West of Sixth Principal Meridian, Pitkin County, Colorado, more particularly described as follows: Beginning at comer no. 7 of Aspen Townsite, being the same as corner no. 1 of the B. N. Berger Annexation; Thence N07°38'E 24.45 feet to comer no.2; Thence N74°30'W 245.85 feet to comer no.3; Thence S37°50'E 314.72 feet to comer no.4; Thence S83°31'E to comer no.5, the intersection with a line drawn parallel with and distant 15.00 feet north easterly at right angles from a line beating S74°30'E from said comer no. 4; Thence S74°30'E to comer no. 6, the intersection with a line bearing N15°30'E from a point which is S74°30'E 250.00 feet from said comer no.4; Thence N15°30'E to comer no. 7, the intersection with the northerly line of Block 13 of the City of Aspen; Thence westerly along said northerly line to comer no. 8, the intersection with a line beating S55°16'E from corner no. 7 of Aspen Townsite; Thence N55°16'W to the point of beginning; Excepting therefrom any portion of Block 13 of the City of Aspen; 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 an annexation map, has 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, the petition has been signed by the owners of one hundred percent (100%) of the area proposed to be annexed, exclusive of streets and alleys; and WHEREAS, more than two-thirds (2/3) of the perimeter of the area proposed to be annexed is contiguous to the City of Aspen; and WHEREAS, Section 31-12-107 (5), C.R.S., mandates that the City of Aspen initiate annexation proceedings in accordance with Section 31-12-106 (2), C.R.S., whenever a petition is filed pursuant to subsection (1) of Section 31-12-107, C.R.S., and the territory proposed to be annexed meets the specifications of Section 31-12-106 (2). 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 submitted by B. N. Berger, a copy of which is annexed hereto as Exhibit "A" and incorporated herein by this 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 That the City Council hereby determines that it shall hold a public hearing to determine if the proposed annexation complies with Section 31-12-105, 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 24th of February, 1992, in Council Chambers at City Hall, 130 S. Galena, Aspen, Colorado 81611. (A date which is not less than thirty days nor more than sixty days after the effective date of this resolution). Section 3 That the City Clerk shall give public notice as required by Section 31-12-108, C.R.S., that the Aspen City Council has made a finding of fact that the area proposed to be annexed is more than two-thirds (2/3) contiguous to the City of Aspen; that the Petition for Annexation was signed by one-hundred percent (100%) of the property owners of the property proposed to be annexed; that notice of the proposed annexation ordinance shall be given by publication as provided in 31-12-108 (2), C.R.S.; that the purpose of the hearing shall be to determine il' the proposed annexation complies with Section 31-12-105, C.R.S., or such parts thereof as may be required to establish eligibility under the terms of part 1 of Article 12, Title 31 of the Colorado Revised Statutes. Said notice shall be published once a week for four consecutive weeks in a newspaper of general circulation in Pitkin County. The first publication shall be at least thirty (30) days prior to the date of the hearing. Section 4 That 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. Section 5 That pursuant to Section 31-12-121, C.R.S., the City Attorney's Office is hereby directed to prepare an appropriate agreement relative to the provision of City services between the City of Aspen and the owners in fee of the real property proposed to be annexed as a condition precedent to the City of Aspen supplying any municipal services at such future date as the area becomes eligible for annexation. INTRODUCED, READ AND ADOPTED by the City Council of the City of Aspen on /~'~' day of the J,~ , 199~. J~hn S. Bennett~ 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 meeting held on the day hereinabove stated. Katl~n S. Koch, City Clerk anncxl.rcs PETITION FOR ANNEXATION COMES NOW LANDOWNER B. N. BERGER this ~.~ day of October, 1991, and Petitions the City of Aspen, Colorado for an Annexation of that certain parcel of land as more fully described!on Exhibit "A" (attached hereto) and on the B.N. Berger Annexatlion Map, filed herewith, states as follows: 1. It is desirable and necessary that the B. N. Berger parcel be annexed to the City of Aspen. 2. The requirements of Sections 31-12-104 and 31-12-105 Colorado Revised Statutes exist or have been met. 3. The signer of this petition is the landowner of one hundred percent of the territory included in the area proposed to be annexed, exclusive of streets and alleys. 4. Petitioner requests that the City of Aspen approve the proposed annexation by ordinance as permitted by Section 31-12-107 (1)(g) Colorado Revised Statutes when one hundred percent of the owners of the area have petitioned for such annexation. 5. The full legal description of the proposed area of annexation is set forth on Exhibit "A", attached hereto. 6. The mailing address of the owner of the proposed area of annexation is: B.N. Berger P.O. Box 482 Aspen, Colorado 81612 7. Accompanying this petition are four copies of the annexation map containing the following information: EXHIBIT "A" a. A written legal description of the boundaries of the proposed area of annexation. b. A map showing the boundary of the proposed area of annexation. c. Within the annexation map, a showing of the location each ownership tract in unplatted land. d. A drawing of the contiguous boundary of the City of Aspen to the proposed area of annexation. .'/- . Petitioner~ B.~. Berg~r (Date) / STATE OF COLORADO ) COUNTY OF PITKIN ) Subscribed and sworn to before me this .... day of October, 1991 by B.N. Berger. WITNESS my hand and official seal. My coramission expires: Notary Public bnberger/002 LEGAL DESCRIPTION A parcel of land in Section 12, Township 10 South, Range 85 West of the Sixth Principal Meridian, Pitkin County, Colorado, more particularly described as follows: Beginning at corner no. 7 of Aspen Townsite, being the same as corner no. 1 of the B. N. Berger Annexation; Thence N07°38'E 24.45 feet to corner no. 2; Thence N74o30'W 245.85 feet to corner no. 3; Thence S37°50'E 314.72 feet to corner no. 4; Thence S83°31'E to corner no. 5, the intersection with a line drawn parallel with and distant 15.00 feet north easterly at right angles from a line bearing S74°30'E from said corner no. 4; Thence S74'30'E to corner no. 6, the intersection with a line bearing N15°30'E from a point which is S74°30'E 250.00 feet from said corner no. 4; Thence N15°30'E to corner no. 7, the intersection with the northerly line of Block 13 of the City of Aspen; Thence westerly along said northerly line to corner no. 8, the intersection with a line bearing S55~16'E from corner no. 7 of Aspen Townsite; Thence N55o16'W to the point of beginning; Excepting therefrom any portion of Block 13 of the City of Aspen. bnberger\001 EXHIBIT "A"