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RESOLUTION NO. 44
(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 "IDGHWAY 82 - CITY/ZOLINE OPEN SPACE ANNEXATION"; FINDING
SUBSTANTIAL COMPLIANCE WITH SECTION 31-12-107(1), C.R.S.; ESTABLISIDNG 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; AND AUTHORIZING THE INSTITUTION OF ZONING
PROCEDURES FOR LAND IN THE AREA PROPOSED TO BE ANNEXED.
WHEREAS, on June 8, 1994, the City Manager of the City of Aspen and the Department
of Transportation, State of Colorado, 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 Exhibits
"A" and "B" appended to the Petition for Annexation, 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; and
WHEREAS, Section 31-12-107(1)(g), C.R.S., mandates that the City of Aspen initiate
annexation proceedings in accordance with Sections 31-12-108 to 31-12-110, C.R.S., whenever
a petition is filed pursuant to subsection (1) of Section 31-12-107, C.R.S.
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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 City
Manager of the City of Aspen and the Department of Transportation, State of Colorado, a copy
of which is annexed hereto 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 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 25th of July, 1994, 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 follows: A copy of this resolution shall
constitute notice that, on the given date and at the given time and place set by the City Council,
the City Council shall hold a hearing upon said resolution of the City of Aspen for the purpose
of determining and finding whether the area proposed to be annexed meets the applicable
requirements of Sections 31-12-104 and 31-12-105, C.R.S., and is considered eligible for
annexation. Said notice shall be published once a week for four consecutive weeks in a
newspaper of general circulation in the area proposed to be annexed. The first publication of
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such notice shall be at least thirty days prior to the date of the hearing. The proof of publication
of the resolution shall be returned when the publication is completed, and the cerificate of the
owner, editor, or manager of the newspaper in which said notice is published shall be proof
thereof. A copy of the resolution and petition as fIled, shall also be sent by registered mail by
the clerk to the Pitkin County Board of County Commissioners and to the County Attorney of
Pitkin County and to the Aspen School District at least twenty days prior to the date fixed for
such hearing,
Section 4
That pursuant to Section 31-12-115, C.R,S" the City Manager is hereby directed to
initiate appropriate zoning procedures with regard to the territory proposed to be annexed.
Section 5
That pursuant to Section 31-12-108.5, C.R.S., the City Manager is hereby directed to
prepare an impact report concerning the proposed annexation at least twenty-five days before the
date of the hearing established hereinabove and shall cause to be fIled one copy with the Pitkin
County Board of County Commissioners within five days thereafter.
INTRODUCED, READ AND ADOPTED by the City Council of the City of Aspen on
the /3 day o~ 0 , 1994. .
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Jolin S. Bennett, Mayor
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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.
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PETITIDNFOR~XATION
"Highway 82 - City/Zoline Open Space Annexation"
WHEREAS, the City of Aspen is the owner of certain real property located in an
unincorporated area of Pitkin County, Colorado, commonly referred to as the City/Zoline
Open Space, more particularly described in Exhibit "A" attached hereto and incorporated
herein by this reference; and
WHEREAS, the City of Aspen desires to annex said real property to the City of
Aspen; and
WHEREAS, the City Manager of the City of Aspen has requested annexation of real
property owned by the Department of Transportation, State of Colorado, comprising a
portion of State Highway 82 adjoining the City of Aspen, Pitkin County, Colorado, more
particularly described in Exhibit "B" attached hereto and incorporated herein by reference, to
the City of Aspen; and
WHEREAS, the City Manager of the City of Aspen in accordance with the Depart-
ment of Transportation's Procedural Directive No. 1303.1, dated January 1, 1990, entitled
"Annexation of Department Land to City and Town", has submitted to the Regional
Transportation Director, Region Three, Department of Transportation, State of Colorado, a
petition package in conformance with the Municipal Annexation Act of 1965, including the
within Petition for Annexation; and
WHEREAS, the Regional Transportation Director, Region Three, Department of
Transportation, State of Colorado, has checked the accuracy of the map accompanying this
petition and the legal description of the real property proposed to be annexed; and
WHEREAS, the Staff Right-of-Way Manager of the Department of Transportation,
State of Colorado, has reviewed the Petition for Annexation and has determined that
annexation of the proposed real property would not adversely affect any lights of the State of
Colorado relative to the availability of water or sewer services; and
WHEREAS, the Staff Right-of-Way Manager of the Department of Transportation,
State of Colorado, has determined that the proposed area tq be annexed includes the full
width of the right-of-way, that the City of Aspen has agreed to assume responsibility for
traffic law enforcement within the annexed area, and that there is no special improvement
district for which taxes or special assessments would apply; and
WHEREAS, the Chief Engineer of the Department of Transportation, State of
Colorado, has reviewed the petition package, the recommendations of the Regional Transpor-
tation Director and the Staff Right-of-Way Manager, and being fully advised in the premises
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has determined that it is in the best interests of the Department of Transportation, State of
Colorado, and the people of the State of Colorado to execute this Petition for Annexation.
NOW, THEREFORE, the undersigned on behalf of the City of Aspen and the
Department of Transportation, State of Colorado, and in accordance with Article 12, Chapter
31, C.R.S. as amended, hereby petition the City Council of the City of Aspen, Colorado, for
annexation to the City of Aspen the unincorporated real property more particularly described
below, to be known as "Highway 82 - City /Zoline Open Space Annexation", and in support
of said Petition, your petitioners allege that:
1. It is desirable and necessary that the territory described in Exhibits "A" and
"B" attached hereto and incorporated herein by reference be annexed to the City of Aspen,
Colorado.
2. Not less than one-sixth (1/6) of the perimeter of the area proposed to be
annexed is contiguous with the City of Aspen, Colorado.
3. A community of interest exists between the territory proposed to be annexed
and the City of Aspen, Colorado.
4.
future.
The territory proposed to be annexed is urban or will be urbanized in the near
5. The territory proposed to be annexed is integrated or is capable of being
integrated with the City of Aspen.
6. The signatures on the Petition comprise one hundred percent (100%) of the
landowners of the territory to be included in the area proposed to be annexed and said
landowners attesting to the facts and agreeing to the conditions herein contained will negate
the necessity of an annexation election.
7. No part of the territory to be annexed is more than three (3) miles from a
point on the municipal boundary, as such was established less than one year from the date of
this Petition.
8. The proposed annexation will not result in the detachment of area from any
school district.
9. The mailing address of each signer, the legal description of the land owned by
the signer as legal representative of the owner, and the date of signing of each signature are
all shown on this Petition.
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10. Attached to this Petition as Exhibit "C" and by this reference incorporated
herein is an annexation map containing the information required by Section 31-12-107(1)(d),
C.R.S.,
11. The territory to be annexed is not presently a part of any incorporated city,
city and county, or town.
Dated: '/- ;J7~ '1(
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Dated: Apvj'l I~) 1'1'14-
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State of Colorado
Dated: A On I IS-, 1994
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Chief Clerk
Department of Transportation, State of Colorado
4201 East Arkansas Avenue
Denver, Colorado 80222
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EXHIBIT "A"
CITY/ZOLINE OPEN SPACE DESCRIPTION
A parcel of land situated in Sections 2 and 11, Township 10 South, Range
85 West of the Sixth Principal Meridian, County of Pitkin, State of Colorado;
said parcel being more particularly described as follows:
Commencing at the south quarter corner of Section 2, a 1954 Bureau of
Land Management brass cap in place; thence N. 400 31' 02" W. 397.79 feet
to the True Point of Beginning; thence S. 000 58' 04" W. 964.49 feet to the
northerly right-of-way of Colorado State Highway No. 82; thence N. 60051'
38" W. along said right-of-way (according to Colorado Department of
Highways Project No. 2012-B) 740.77 feet; thence continuing said right-of-
way along the arc of a curve to the right having a radius of 5680.00 feet and
a central angle of 070 08' 07", a distance of 707.35 feet (chord bears N. 570
17' 35" W. 706.89 feet) to the westerly line of Lot 21; thence leaving said
right-of-way N. 000 58' 04" E. along the westerly line of said Lot 21 226.41
feet; thence N. 020 28' 04" E. along the westerly line of said Lot 21 and Lot
17, 1308.04 feet to the existing southerly right-of-way fence of county road
No. 12-A; thence leaving said westerly lot line S. 850 42' 33" E. along said
southerly right-of-way fence 7.72 feet; thence continuing along said right-
of-way fence N. 880 00' 39" E. 857.50 feet; thence S. 070 16' 09" W. along
a north-south fence and fence extended, 763.01 feet; thence S. 360 21' 42"
E. 725.00 feet to the True Point of Beginning; said parcel containing 45.48
acres, more or less.
This description was written by Louis H. Buettner, LS 13166.
0040 W. Sopris Creek Road, Basalt, Colorado
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EXIllBIT "B"
STATE HIGHWAY 82 DESCRIPTION
A parcel of land in Sections 2 and 11, Township 10 South, Range 85 West of the Sixth
Principal Meridian, Pitkin County, Colorado. The parcel being more fully described as
follows:
Beginning at a point on the northerly right-of-way of Colorado State Highway No. 82;
whence the South Quarter Corner of Section 2, a 1954 Bureau of Land Management Brass
Cap monument bears N 22032'23" E, 716.69 feet; thence easterly along said northerly
right-of.way (according to the Colorado Department of Highways Map for Project No.
2012-B) the following S 60051' E, 158.83 feet to the southwesterly Corner of the Open
Space Annexation No.1, to the City of Aspen, as recorded in the Pitkin County records;
thence continuing easterly along said northerly right-of-way and the southerly boundary of
said Annexation S 60051' E, 924.25 feet to the beginning of a curve to the right, the arc
length being 661.39 feet, the radius being 2915.00 feet, (the long chord for said curve bears
S 54021' E, 659.97 feet); thence S 47051' E, 1702.30 feet to a Colorado State Highway
monument, (the East Quarter Corner of Section 11, Township 10 South, Range 85 West
of the Sixth Principal Meridian bears N 89"51'20" E, 202.44 feet); thence S 48012'42"E,
132.06 feet to the beginning of a non-tangent curve to the left, the arc length being 56.03
feet, the radius being 1096.00 feet, (the long chord for said curve bears S 49021'08" E,
56.02 feet); thence departing the northerly right-of-way and southerly Annexation
boundary S 39011' W, 100.00 feet on a radial line to the southerly Highway right-of-way
and the northerly corner of the City Thomas Property Annexation as recorded in Plat
Book 14 at page 26 of the Pitkin County records; thence westerly along said southerly
right-of-way and departing said Annexation along a non-tangent curve to the right, the arc
length being 61.14 feet, the radius being 1196.00 feet, (the long chord for said curve bears
N 49021'08" W, 61.13 feet); thence N 48012'42" W, 132.06 feet; thence N 47051' W,
1702.30 feet to the beginning of a curve to the left, the arc length being 638.70 feet, the
radius being 2815.00 feet, (the long chord for said curve bears N 54021' W, 637.33 feet);
thence N 60051' W, 1823.89 feet to the beginning of a curve to the right, the arc length
being 719.81 feet, the radius being 5780.00 feet, (the long chord for said curve bears N
57017'35" W, 719.34 feet); thence departing the south highway right-of-way N 36016'29"
E, 100.00 feet to a point on the northerly Highway right-of-way; thence easterly along a
non-tangent curve to the left, the arc length being 707.35 feet, the radius being 5680.00
feet, (the long chord for said curve bears S 57017'35" E, 706.89 feet); thence continuing
along said northerly highway right-of-way S 60051'38" E, 740.77 feet more or less to the
Point of Beginning. Containing 11.67 acres, more or less.
This description was written by Louis H. Buettner, LS 13166.0040 W. Sopris Creek Road,
Basalt, Colorado
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MEMORANDUM
THE CITY OF ASPEN
CITY ArrORNEY'S OFFICE
TO: Mayor and Members of Council
John P. Worcester c::;:ltt(
FROM:
DATE:
June 2, 1994
RE:
Highway 82 - City/Zoline Open Space Annexation
Attached for your consideration is a resolution which, if adopted, would initiate annexation
proceedings for the Zoline Open Space Parcel and the portion of Highway 82 that abuts. the
Zoline parceL The City Manager and the Department of Transportation, State of Colorado, filed
an annexation petition with the City Clerk on June 8, 1994, seeking to have this property
annexed into the City of Aspen. The "Zoline" parcel is the portion of the Pearce golf course
development lying to the north of Highway 82.
This office and the City Engineer have determined that the petition complies with the technical
requirements for a petition pursuant to state annexation laws. According to state law, the next
step in the annexation process is for Council to set a date for a hearing, no less than 30 days.nor
more than 60 days after the effective date of the attached resolution setting the date for the
public hearing, to determine if the annexation complies with Sections 31-12-104 and 31-12-105,
C.R.S.
Section 31-12-104 requires:
(a) That not less than one-sixth of the perimeter of the area to be annexed is
contiguous with the annexing municipality. ...
and
(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 integrated with
the annexing municipality. ...
Section 31-12-105, C.R.S. sets forth certain limitations upon annexations. None of the
limitations in the statute appear to prevent this annexation (limitations on dividing land held in
identical ownership, commencement of annexation proceedings for annexation to other
municipalities, detachment of area from a school district, prohibition against extending city limits
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beyond three miles in a single year, adoption of a plan for the area to be anntfxed, and
requirementthat entire widths of streets be made a part of the annexed area). Nevertheless, a
hearing must be held so Council can make those specific fmdings.
Before these parcels can be annexed into the City the following steps must take place:
(a) A hearing before Council to determine compliance with Sections 31-12-104 and
31-12"105, C.R.S. as described above.
(b) Underlying zoning needs to be established through P&Z which will then make a
recommendation to Council. (The Ordinance establishing the zoning can be acted
on at the Sanle time the annexation ordinance is adopted.)
(c) Because the area proposed to be annexed is gteater than 10 acres; an impact
report must. be prepared and filed with the Pitkin County Board of County
Commissioners. Staff is in the process of preparing the report and will make it
available to Council prior to the scheduled hearing.
Adoption of the attached resolution would cause staff to continue working on the above described
steps. Once the steps are completed, an ordinance would be presented to Council to formally
annex the area into the City. . .
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REQUESTED ACTION: A ~otion to adopt Resolution No. -fr, Series of 1994.
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