HomeMy WebLinkAboutresolution.council.011-96
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RESOLUTION NO. 1/
(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 (SOUTH) PROPERTY";
FINDING SUBSTANTIAL COMPLIANCE WITH SECTION 31-12-107(1), C.RS.;
ESTABLISHING A DATE, TIME, AND PLACE FOR A PUBLIC HEARING TO DETER-
MINE COMPLIANCE WITH SECTIONS 31-12-104 AND 31-12-105, C.RS.; 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.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 (I) of Section 31-12-
107, C.R.S.; 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
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WHEREAS, Section 31-l2-107(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.RS., whenever a
petition is filed pursuant to subsection (1) 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 detennined
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 22nd day of April, 1996, in Council Chanlbers 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
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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 3l-l2-115, C.RS., the City Manager is hereby directed to initiate
appropriate wning 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 annexation impact report and forward the same to the Board of County Commissioners
of Pitkin County.
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INTRODUCED, READ AND ADOPTED by the City Council of the City of Aspen on the
II day of 1ktu 12-4 ~ 1996.
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J hn S. Bennett, Mayor
I, Kathryn S. Koch, dilly 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".I'C8
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PETITION FOR ANNEXATION
Maroon Creek Club Subdivision (South) 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 (South), 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 South 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.
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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:
; macJ 3. Iff to
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Ci y of Aspen
130 South Galena Street
Aspen, Colorado 81611
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EXHIBIT "A"
MAROON CREEK CLUB ANNEXATION NO. I
SOUTH PARCEL DESCRIPTION
A parcel ofland situated in Section 2 and 11, Township 10
South, Range 85 West of the Sixth Principal Meridian, Pitkin
County, Colorado, being more fully described as follows:
Beginning at the West one Quarter corner of said Section 11;
thence North 00 Degrees 32 Minutes 10 Seconds West, a distance of
1672.45 feet along the westerly boundary of said Section 11;
thence South 89 Degrees 58 Minutes 10 Seconds West, a distance of
6.05 feet to the southwesterly corner of the Pfeifer Leases
parcel as shown on the Maroon Creek Club Subdivision and PUD Plat
recorded in Plat Book 33 at page 4, of the Official Records for
Pitkin County, Colorado;
thence East, a distance of 1225.63 feet to the southeasterly
corner of said Pfeifer Leases parcel;
thence North 00 Degrees 46 Minutes 18 Seconds West, a distance of
900.06 feet more or less to a point on the southerly Boundary of
State mGHW A Y 82 as shown on the Maroon Creek Club Subdivision
and PUD;
thence southeasterly along said southerly Highway Boundary 273.95
feet along the arc of a curve to the left having a radius of
5790.00 feet;
thence North 32 Degrees 04 Minutes 00 Seconds East, a distance of
10.00 feet more or less to the southerly Boundary of the
CITY/ZOLINE OPEN SPACE AND COLORADO STATE mGHWAY 82 ANNEXATION,
as recorded in Plat Book 35 at page 50, of the Official Records
for Pitkin County, Colorado;
thence following said Annexation Boundary southeasterly 289.18
feet along the arc of a curve to the left having a radius of
5780.00 feet;
thence continuing along said Boundary South 60 Degrees 48 Minutes
00 Seconds East, a distance of 882.76 feet to the northeasterly
corner of the Maroon Creek Club Subdivision and PUD, South
Parcel;
thence departing said CITY/ZOLINE OPEN SPACE AND COLORADO STATE
mGHW A Y 82 ANNEXATION, but following the easterly Boundary of the
Maroon Creek Club Subdivision and PUD property the following
courses and distances;
South 18 Degrees 09 Minutes 00 Seconds West, a distance of 176.89
feet;
North 60 Degrees 43 Minutes 00 Seconds West, a distance 0011.07
feet;
South 29 Degrees 17 Minutes 00 Seconds West, a distance of 72.28
feet;
South 60 Degrees 43 Minutes 00 Seconds East, a distance of 60.57
feet;
South 29 Degrees 17 Minutes 00 Seconds West, a distance of86.80
feet;
South 89 Degrees 35 Minutes 00 Seconds East, a distance of 304.56
feet;
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SOUTH a distance of 1412.20 feet;
North 87 Degrees 00 Minutes 00 Seconds East, a distance of256.69
feet;
South 00 Degrees 07 Minutes 55 Seconds East, a distance of288.61
feet;
North 89 Degrees 31 Minutes 44 Seconds West, a distance of 297.34
feet;
thence departing said Maroon Creek Club Subdivision and PUD
easterly Boundary South 64 Degrees 42 Minutes 54 Seconds West, a
distance of 433.26 feet to the northeasterly comer of the OUT
PARCEL (5.840 Acres);
thence northwesterly along the OUT PARCEL's northerly Boundary
the following courses and distances;
WEST, a distance of 120.00 feet;
North 25 Degrees 57 Minutes 30 Seconds West, a distance of 187.83
feet;
North 77 Degrees 27 Minutes 55 Seconds West, a distance of335.00
feet;
South 12 Degrees 32 Minutes 05 Seconds West, a distance of 190.00
feet;
North 77 Degrees 27 Minutes 55 Seconds West, a distance of 180.00
feet to the northwesterly comer of said OUT PARCEL;
thence North 83 Degrees 09 Minutes 02 Seconds West, a distance of
224.08 feet to the Tiehack Road easterly right-of-way as shown on
the Maroon Creek Club Subdivision and PUD Plat;
thence North 80 Degrees 25 Minutes 09 Seconds West, a distance
of 60.00 feet to the Tiehack Road westerly right-of-way as shown
on said Plat;
thence North 76 Degrees 53 Minutes 58 Seconds West, a distance of
309.26 feet to the southeasterly comer of Lot 42, of the Maroon
Creek Club Subdivision and PUD;
thence South 88 Degrees 00 Minutes 00 Seconds West, a distance a
distance of 440.30 feet along the common boundary between Lots 41
and 42 of the Maroon Creek Club Subdivision and PUD to the
southwesterly comer of said Lot 42;
thence northerly 11.88 feet along the westerly boundary of said
Lot 42, being the easterly boundary of Pfeifer Road, and a CUlVe
to the left having a radius of 170.00 feet;
thence South 76 Degrees 51 Minutes 06 Seconds West, a distance
of 40.00 feet to the westerly right-of-way of Pfeifer Road;
thence North 84 Degrees 18 Minutes 46 Seconds West, a distance of
156.70 feet to the point ofBEGlNNING.
The above Annexation description bounds property with a area of
111. 84 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
970-927-36110
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