HomeMy WebLinkAboutresolution.council.004-92 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, COM/VlONLY
KNOWN AS THE WILLIAMS RANCH PARCEL; FINDING SUBSTANTIAL COMPLIANCE
VfflTH SECTION 31-12-107(1), C.R.S.; ESTABLISHING A DATE, TIME, AND PLACE FOR
A PUBLIC HEARING TO DETERMINE COMPLIANCE WITH SECTIONS 31-12-104 AND
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 December 16, 1991, the Smuggler Durant Mining Corporation 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 situate in the
Northwest Quarter of the Southeast Quarter of Section 7, ToWnship 10 South, Range 84 West
of the sixth principal meridian, being a portion of those lands patented by J.R. Williams on
October 28, 1902, Pitkin County, Colorado, more fully described as follows:
Beginning at a point on the East-West centerline of said Section 7 and also on the Della
S Compromise Line whence the center of said section 7, a B.L.M. brass cap dated 1978,
bears N 88 53' 06" W 311.35 feet;
Thence S88°53'06" E 650.29 feet along said centerline;
Thence S33°57'00' W 551.15 feet to the intersection with the West line of U.S. Mineral
Survey No. 7883 AM, Pride of Aspen, identical with the North-South 1/16 line of the
Southeast Quarter of said section 7;
Thence 500o01, 54" E 510.63 feet along said West Line and then along said 1/16 line;
Thence 55041, 35" W 238.92 feet to the intersection with the Della S. Compromise Line;
Thence N34°18' 25" W 1350.00 feet along said compromise line to the point of
beginning;
Containing 12.683 acres, more or less
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;
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 the
Smuggler Durant Mining Corporation, 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 heating to determine
if the proposed annexation complies with Sections 31-12-104 and 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 9th of March, 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 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 31-12q08 (2), C.R.S.; that the purpose of the hearing shall be to determine if the
proposed annexation complies with Sections 31-12-104 and 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 the Director of Planning of the City of Aspen is hereby directed to prepare an
impact report in accordance with Section 31-12-108.5, C.R.S., concerning the proposed
annexation and file the same with the City Clerk no later than twenty five days before the date
set hereinabove for a heating and with the Pitkin County Board of County Commissioners no
less than five days thereafter.
Section 5
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.
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Section 6
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
the tr~Y*~day 0f~ ,19~..
~Iohn 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.
williams.res
WILLIAMS RANCH ANNE>iATION PETITION
Submitted b}: Stefan R. A].bouy
For: Smuggler Durant Mining Corporation
Date: 2 December 1991
Consistent with the requirements of the Municipal Annexation Act, C.R.S.
§ 31-12-101 et. seq, Smuggler-Durant Mining Corporation, the owner of certain
real property located in Pitkin County, Colorado, adjacent to the City of Aspen,
petitions tLe City of Aspen for annexation.
The followi~g information is provided as follows:
a. Exhibit A "Request for Annexation" indicates that the landowners of
100% of the area are petitioning the City for Annexation.
b. The Petition submitted to Katherine Koch, the City Clerk, includes
the followi~:g:
]) It is the belief of the owners that i.t is desirable and
necessary for the Williams Ranch property to be annexed~
2) The eligibility requirements are met in that the size of the
parcel is less than twenty (20) acres~ and has a contiguous
border of more than one-sixth (t/6)~ of the total perimeter
of the property with the current City of Aspen city limits.
3) The single signer of the petition, Phyllis Koteen as President
of Smuggler-Durant Mining Corporation, is the sole landowner
of all of the land proposed to be annexed.
4) The applicant hereby requests the City approve the annexation.
5) The signer, Smuggler-Durant Mining Corporation has a mailing
address in care of Gary A. Wright, Wright & Adger, 201 North
Mill Street, Suite 106, Aspen, Colorado 81611; and the legal
description of the property is attached to this application as
E~]ibit "B" and incorporated herein by this reference. The
date of signature is 9 November 1991.
~ CRS § 31-12-105(1)(b).
~ CRS § 31-12-104(1)(a).
EXHIBIT "A"
WILLIAMS P, Ai'CH ~JqNEXATION PETITION
I!O Submitted bi: Stefsn R. Albouy
For: Smuggler Durant Mining Corporation
Date: 2 December 1991
6) The undersigned, Gary A. Wright, a duly licensed Colorado
attorney at law, attorney registration no. 10028, certifies
that the notarized signature of Phyllis Koteen for Smuggler-
Durant Mining Corporation is valid and that he has the
authority to submit this petition.
c. Attached are four copies of the Annexation Map, which includes
1) The legal description of the proposed area to be annexed
2) The map shows boundaries of the area to be annexed.
3) Within the map, all lands shown are owned by Smuggler-Durant
Mining Corporation.
4) The contiguous boundary is shown in red.
d. The singular signatmre is dated 9 November 1991 and consequently is
less than 180 days old.
The applicant requests tl~at the City Clerk issue a finding of
compliance z~nd refer this petition to City Council so that City Council may
determine that the petition is substantially in compliance, all as required by
the Colorado Annexation Act.
f. The applicant requests that the City Council make the following
findings of fact by Resolution. Tl~e applicant requests that the City Council
find that the petition:
1) Meets all requirements.
2) That no election is required.
3) And make the necessary considerations for zoning the Williams
Ranch property as AH.
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WILLIAMS RA~ CH ANNEXATION PETITION
Submitted bs: Stefan R. Albouy
For: Smuggler Durant Mining Corporation
Date: 2 December 1991
The f~llowing information is submitted to the Planning Department as
required by the letter from Diane Moore dated September 4, 1991.
1. Name cf Annexation; Williams Ranch
Name cf Property Owner; Smuggler-Durant Mining Corporation
Persor to Contact: Gary A. Wright
2. Size Jn Acres: 12.7~ more or less.
Legal Description and Boundary Map: attached as Exhibits "B" and "C" and
incorporated herein by this reference.
3. The S~ecial Districts which the property proposed to be annexed is now a
part of are attached as Exhibit "E" snd incorporated herein by this
4. There are no residents at this time of the land proposed for annexation.
5. The ii~tended use and development of the property is within the City of
Aspen Zone District AH. An application for Alt Zone approval has been
concurrently submitted to the AspenkPitkin Planning Office.
6. The f¢llowing complies with the requirements of C.R.S. § 31-12-108.5 and
addre£ses the Impact Summ~qry Report required.
a. A Vicinity Map is attached as Exhibit "D".
b. There is no Pre-annexation Agreement.
c. A letter is attached as Exhibit "F" from Banner and
Associates regsrd£nS the plans of the municipality for
extending to or otherwise providing for municipal
services. This issue is discussed in detail in the AH
Zone subInissJon
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WILLIAMS KAhCH ANNE>~TION PETITION
Submitted bg~: Stefan R. Albouy
For: Smuggler Durant Mining Corporation
Date: 2 December 1991
d. It is the understanding of the applicant that the
applicant will pay all expenses for extending municipal
services to the area annexed and that the City of Aspen
will have no financial liability whatsoever.
e. The Special Districts which the property proposed to be
annexed is now a part of are attached as Exhibit "E" and
incorporated herein by this reference.
f. The applicant estimates that the total number of
residents when the Williams Ranch annexation is fully
developed will he one hundred forty-eight. Based on the
type of development being proposed including free market
lots and both employee housing and resident-occupied
units it is estimated that there will be between 20 and
35 children attending grades K-12.
Submitted fcr Smuggler-Durant Mining Corporation by Wright & Adgcr:
Gary A. Wright
Wright & Adger
201 North Mill Street, Suite 106
Aspen, Colorado 81611
telephone: 303-925-5625
facsimile: 303-925-5663
0 WAW \ ANNEX. PET
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