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Home My WebLink Aboutresolution.council.010-96 e e e ~~lInltlllllB RESOLUTION NO. I'D (Series of 1996) 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 "MAROON CREEK CLUB SUBDMSION (NORTH) PROPERTY"; FINDING SUBSTANTIAL COMPLIANCE WITH SECTION 31-12-107(1), C.R.S.; ESTABLISHING A DATE, TIME, AND PLACE FOR A PUBLIC HEARING TO DETER- MINE COMPLIANCE WITH SECTIONS 31-12-104 AND 31-12-105, C.R.S.; AUTHORIZING PUBLICATION OF NOTICE OF SAID HEARING; AND AUTHORIZING THE INSTITU- TION OF ZONING PROCEDURES FOR LAND IN THE AREA PROPOSED TO BE ANNEXED. WHEREAS, on March 5, 1996, the City Manager of the City of Aspen 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 Exhibit "A" 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.RS.; 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 (I) of Section 31-12- 107, C.RS.; and WHEREAS, one hundred percent (100%) of the owners of the affected property have consented to annexation of their property to the City of Aspen evidenced by a Water Service Agreement recorded at Book 730, Page 797, in the Pitkin County Clerk and Recorder's office; and e WHEREAS, Section 3l-l2-l07(1)(g), C.RS., mandates that the City of Aspen initiate annexation proceedings in accordance with Sections 31-12-108 to 31-12-110, C.RS., whenever a petition is filed pursuant to subsection (I) of Section 31-12-107, C.RS. 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 on behalf of the owners of the property to be annexed, 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 e That the City Council hereby determines that it shall hold a public hearing to deternline 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 22nd day of April, 1996, 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 e City Council shall hold a hearing upon said resolution of the City of Aspen for the purpose of 2 e e e determining and finding whether the area proposed to be annexed meets the applicable requirements of Sections 31-12-104 and 31-12-105, C.RS., 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 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.RS., 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.RS., the City Manager is hereby directed to prepare an annexation impact report and forward the same to the Board of County Commissioners of Pitkin County. 3 e e e INTRODUCED, READ AND ADOPTED by the City Council of the City of Aspen on the ..L day of nVuJ!,-A_ . 1996. ~ (3)~~ 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. maroonCI".rca 4 e e e _ Willi! PETITION FOR ANNEXATION Maroon Creek Club Subdivision (North) Annexation WHEREAS, Pearce Equities Group II Limited Liability Company ("PEG II"), owns certain real property located in the unincorpo- rated area of Pitkin County, Colorado, commonly referred to as the Maroon Creek Club Subdivision (North), more particularly described in Exhibit "A" attached hereto and incorporated herein by this reference; and WHEREAS, PEG and the City of Aspen entered into a Water Service Agreement dated July 26, 1993, and recorded at Book 730, Page 797, in the Pitkin County Clerk and Recorder's office, wherein PEG II, and its successors in interest, consented to the annexation of the property to be served by the City of Aspen Water Department to the City of Aspen at such time as determined necessary by the City of Aspen; and WHEREAS, the City of Aspen has determined that it is neces- sary and desirable to annex the subject property at this time; and NOW, THEREFORE, the undersigned on behalf of the City of Aspen and in accordance with Article 12, Chapter 31, C.R.S. as amended, hereby petitions 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 "Maroon Creek Club North Annexation", and in support of said Petition, your petitioner alleges that: 1. It is desirable and necessary that the territory described in Exhibit "A" 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 to the City of Aspen, Colorado. 3. A community of interest exits between the territory proposed to be annexed and the City of Aspen, Colorado. 4. The territory proposed to be annexed is urban or will be urbanized in the near future. e e 5. The territory proposed to be annexed is integrated or is capable of being integrated with the city of Aspen. 6. The petitioner herein, the City Manager of the City of Aspen, has the consent of the owners by virtue of said Water Service Agreement of one hundred percent (100%) of the landowners of the territory to be included in the area proposed to be annexed and said petitioner 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 Peti- tion. 8. The proposed annexation will not result in the detach- ment of area from any school district. 9. The mailing address of each signer, the legal descrip- tion of the land owned by the signer as legal representative of the owners, and the date of signing of each signature are all shown on this Petition. 10. Attached to this Petition as Exhibit "B" 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 apart of any incorporated city, city and county, or town. Dated:Cjf{jUL~ 3) ifft It City city of Aspen 130 South Galena street Aspen, Colorado 81611 2 e EXHffiIT "A" MAROON CREEK CLUB ANNEXATION NO.1 NORTH PARCEL DESCRIPTION A parcel ofland situated in Section 2 and 3, Township 10 South, Range 85 West of the Sixth Principal Meridian, Pitkin County, Colorado, being more fully described as follows: e Beginning at a point on the northeasterly right-of-way line of Colorado State Highway No. 82, whence the Quarter Comer common to said Sections 2 and 3 bears North 59 Degrees 19 Minutes 12 Seconds East, a distance of777. 77 feet; thence general along the Fence line on the southerly side of Stage Road the following courses and distances; South 60 Degrees 15 Minutes 00 Seconds East, a distance of 308.40 feet; South 64 Degrees 30 Minutes 00 Seconds East, a distance of 37.66 feet; North 42 Degrees 12 Minutes 16 Seconds East, a distance of 2.57 feet; South 64 Degrees 30 Minutes 00 Seconds East, a distance of328.51 feet; South 62 Degrees 00 Minutes 00 Seconds East, a distance of 70.17 feet; South 58 Degrees 08 Minutes 00 Seconds East, a distance of86.98 feet; South 55 Degrees 44 Minutes 00 Seconds east, a distance of75.14 feet; South 64 Degrees 10 Minutes 00 Seconds East, a distance of79.1O feet; South 73 Degrees 03 Minutes 00 Seconds East, a distance of 50.29 feet; South 78 Degrees 44 Minutes 00 Seconds East, a distance of203.36 feet; South 75 Degrees 47 Minutes 00 Seconds East, a distance of 94.37 feet; South 69 Degrees 14 Minutes 00 Seconds East, a distance of 39.52 feet; South 59 Degrees 14 Minutes 00 Seconds East, a distance of 131.07 feet; South 48 Degrees 35 Minutes 00 Seconds East, a distance of 15.27 feet; South 10 Degrees 26 Minutes 00 Seconds East, a distance of 26.19 feet; South 87 Degrees II Minutes 08 Seconds East, a distance of67.69 feet; South 87 Degrees 48 Minutes 18 Seconds East, a distance of 142.90 feet; South 87 Degrees 38 Minutes 24 Seconds East, a distance of 105.68 feet; South 88 Degrees 09 Minutes 03 Seconds East, a distance of 98.34 feet more or less to the northwesterly comer of the CITY /ZOLINE e - '. OPEN SPACE AND COLORADO STA1E HIGHWAY 82 ANNEXATION, as recorded in Plat Book 35 at page 50 of the Official Records for Pitkin County, Colorado; thence southerly along the westerly boundary of said Annexation the following courses and distances, (the bearings being rotated to agree with the Basis of bearings stated on the Maroon Creek Club Subdivision and PUD Plat); South 02 Degrees 31 Minutes 42 Seconds West, a distance of 1310.44 feet; South 01 Degrees 01 Minutes 42 Seconds West, a distance of226.41 feet more or less to a point on the northerly right-of-way line of Colorado State Highway No. 82; thence northwesterly along said northerly right-of-way line the following; 1934.59 feet along the arc of a curve to the right having a radius of 5680.00 feet; North 34 Degrees 09 Minutes 00 Seconds West, a distance of 124.60 feet; 793.17 feet along the arc of a curve to the right having a radius of2242.00 feet to the point ofBegiIIDing. The above Annexation description bounds property with a area of 38.09 acres more or less. The above description was prepared from the Maroon Creek Club Subdivision and PUD Plat by: Louis H. Buettner LS 13166 0040 west Sopris Creek Road Basalt, Colorado 81621 970-927-3611 - - IIV.;-----y-o;:p device Tj imits scaling .:cITY COUH~ I L IPP~DVH """""",.,"'.,"""." '"'''' '"'''' ,,'" ~;;; ,;' .;';:::: ;~:~~.';:;~'::~;'~:';;:::. ".- ;;;: ~ITI EH~IHEE~Ill~ CEllflclCAH ,,,."',.."',,,""'.,..,,,,.,,,,"',,,, ""..""",.""""..,"........."",. _",.,_.111_ p Co y ACeEPli.ljCE fO~ HCU~UI He ,""...,,,,,,,.ur "',,,,,.'" ".,,,,,, '"'''''<, "'"<'''... ,,,...,, " "",. ,",,,_,,,,.-~'Ol_."""""_ """,,,,,,,,,,,...- "'''.'. ,- SlAH~ElH OF C~HT "'''''''' "",..,. """"". .,..,," " ~ tEll ,llm::: m.ll%il'::Wlt,m:''''''''''''"""""",...," :1'~ii:~:I::,I!r;:!'~!:!:il::~'I:!i'!:him;~.:;~.:jjlm!. 1:I.l\m.:':(ltm'I.~'~~:""'" ". 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