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HomeMy WebLinkAboutresolution.council.068-96 - RESOLUTION NO. (.;,8 (Series of 1996) A RESOLUTION OF THE ClTY COUNCIL OF ASPEN, COLORADO, RELATIVE TO THE PETITION FOR ANNEXATION OF TERRITORY TO THE CITY OF ASPEN, COMMON- LY KNOWN AS THE "STILLWATER RANCH SUBDMSION, LOT 5"; FINDING SUBSTANTIAL COMPLIANCE WITH SECTION 31-12-107(1), C.R.S.; ESTABLISHINIJ 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 November 19, 1996, the owner of the property proposed to be annexed 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 a e 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 J?een 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 f-12- 107, C.R.S.; and WHEREAS, one hundred percent (100%) of the owners of the affected property I:)ave consented to annexation of their property to the City of Aspen; 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 e a petition is filed pursuant to subsection (1) of Section 31-12-107, C.R.S. e e ~, '. 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 is hereby found I 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 detefIIl41e 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 13th day of January, 1996, in Council Chambers at City Hall, 130 S. Galena, Aspen, Colorado 81611. (A date which is not less than thirty daysl 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 COm),cil, the City Council shall hold a hearing upon said resolution of the City of Aspen for the purpose of determining and fmding 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 ill a newspaper of general circulation in the area proposed to be annexed. The fIrst publication of 2 e e . 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 certificate 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 f1led, 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 directe~ to initiate appropriate zoning procedures with regard to the territory proposed to be annexed. INTRODUCED, READ AND ADOPTED by the City Council of the City of Aspen on the .a5 day of ~996. )4 '7. ~~- John 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. Stillwal.res 3 - . ~, '. PETITION FOR ANNEXATION COMES NOW LANDOWNER KIDS' STUFF FOUNDATION this 19th day of November, 1996, and Petitions the City of Aspen, Colorado for an Annexation of that certain parcel of land described as Lot 5 , stillwater Ranch, as recorded in Book 770, Page 826 of the Pitkin County Records, and as shown on the Annexation Map filed herewith. Landowner states as follows: 1. It is desirable and necessary that Lot 5, stillwater Ranch be annexed to the City of Aspen. 2. The requirements of Section 31-12-104 Colorado Revised Statutes exist or have been met in that: a. A communi ty of interest exists between the territory proposed to be annexed and the City of Aspen, Colorado; and b. The territory proposed to be annexed is urban or will be urbanized in the near future and is capable of being integrated with the City of Asp~n, Colorado; 3. The requirements of Section 31-12-105 Colorado Revised Statutes exist or have been met in that no land held in identical ownership, whether consisting of one tract or parcel of real est~te or two or more contiguous tracts or parcels of real estate: a. Is divided into separate parts or parcels withqut the written consent of the landowner thereqf, unless such tracts or parcels are separated by a dedicated street, road or other public way; b. Is included within the territory proposed to be annexed without the written consent of the landowner that: (1) comprises twenty acres or, (2) has an assessed value for the land, together wi!th the buildings and improvements situated thereon, ,in excess of $200,000 for ad valorem tax purposes f'or the year preceding the annexation; or c. Is more than three miles from any point on the municipal boundary, as such was established more than one year before this annexation will take place. 4. The area proposed to be annexed comprises fewer than t'en acres of land, so an annexation impact report is not required. 5. hundred annexed, The signer of the petition is the landowner of one percent of the territory included in the area to be exclusive of streets and alleys. - .1. ~, - 6. Petitioner requests that the City of Aspen approve the proposed annexation by ordinance, as permitted by section 31-12-107 (1) (g) Colorado Revised statutes when one hundred percent of the owners of the area have petitioned for such annexation. 7. The full legal description of the proposed area of annexation is Lot 5, stillwater Ranch. 8. The mailing address of the owner of the proposed area jof annexation is: Kids' stuff Foundation, Inc. P.o. Box 10970 Aspen, Colorado 81612 9. Accompanying this petition are four prints of the annexation map containing the following information: a. A written legal description of the boundaries of the area proposed to be annexed; and b. A depiction of: (1) the boundary of proposed to be annexed, (2) the boundaries of the City of Aspen and dimensions of the contiguous portions of boundaries. the area municipal (3) the these two 10. The territory to be annexed is not presently a part of any incorporated city, city and county, or town. / - 11 / ?b stuff Foundation, Inc. (date) resident STATE OF COLORADO ss. COUNTY OF PITKIN Subscribed and sworn to before me this 19th day of November, 1996 by Andrea Jaeger. WITNESS my hand and official seal. My commission expires ,!?/';?7I9q . .c~>(I~ 2