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Home My WebLink Aboutresolution.council.034-92 ,,"- ~&,'" \tc .z< -, '. .".i' 'm. ", '. RESOLUTION NO. ~ (Series of 1992) 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 HALLAM LAKE 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 June 16, 1990, the Aspen Center for Environmental Studies 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 tract of land situated in the East half of Section 12, Township 10 South, Range 85 West in the West half of Section 7, Township 10 South, Range 84 West of the Sixth Principal Meridian, Pitkin County, Colorado, more particularly described as follows: Beginning at a point whence the quarter comer common to said Sections 7 and 12 bears N2204l'18"E 632.67 feet; Thence S34055'17" E 38.09 feet; Thence S82005'40" E 178.19 feet; Thence S740l8'00" E25.73 feet; Thence S62039'00" E 194.52 feet; Thence N02000'00" W 41.23 feet; Thence S740l8'00" E 39.70 feet; Thence N02000'00" E 324.00 feet to a point in the centerline of the Roaring Fork River; Thence along said centerline to the following courses and distances: N64"27'00" W 115.50 feet; N05"27'00" W 63.32 feet; N40030'00" E 144.50 feet; N20025'00" E 164.75 feet; N14011 '00" W 24.64 feet; N38013'00" W 123.19 feet; N34006'00" W 105.54 feet; N27030'00" W 136.58 feet; N13026'00" W 106.82 feet; N20000'00" W 56.00 feet; N26"20'00" W 317.00 feet; 1&...'...',.....". B ~\ [1f.1'.. i\i \\\\. " '~- &, \~. N06"22'00" W 125.65 feet; Thence departing said centerline N6S053'20" W 178.51 feet; Thence S43007'41" W 133.08 feet; Thence S28008'00" E 53.41 feet; Thence S62048'00" W 45.50 feet; Thence S80"28'00" W 159.76 feet; Thence S50004'00" W 86.70 feet; Thence S03045'00" E 101.63 feet; Thence S07045'00" E 121.86 feet; Thence S89011 '00" W 37.85 feet; Thence S29007'00" E 115.46 feet; Thence S37006'00" E 81.60 feet; Thence S07000'00" E 40.30 feet; Thence S19008'00" W 63.50 feet; Thence S30050'00" W 116.43 feet; Thence SOS009'00" W 124.93 feet; Thence S77055'00" W 33.89 feet; Thence S17"25'00" E 88.84 feet; Thence S49055'00" E 127.22 feet; Thence S44034'00" W 21.54 feet; Thence S54047' 12" E 87.66 feet; Thence N79005'00" E 46.45 feet; Thence S49041 '00" E 49.80 feet; Thence S34"25'00" E 78.60 feet; Thence N5S035'00" E 49.93 feet; Thence S40036'53" E 5.17 feet; Thence S09"26'25" E 210.13 feet; Thence S34055' 17" E 92.50 feet to the point of beginning; containing 21.528 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 2 ~.l.... W \\ 'It".'.'. tW i(,;. ~..;,..'.,. \\" -- 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 the Aspen Center for Environmental Studies, 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 August 10, 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). 3 &"."", t~' V\ '+" -, ~. e',',' ei W \~~ 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 if 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. 4 10.,' ! Ii"., d'",a,""" \, 1\ ' @'.' 'Q: "" INTRODUCED, READ AND ADOPTED by the City Council of the City of Aspen on the 22 day of ,,> )it..<-~ , 1992. ~ ~ -#/- J.g~ ohn 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. .I/. "j" if /~1Y'_/ ,'I:,)" ' tf2~ Kath~ S. Koch, City Clem acesl ~res 5