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Home My WebLink Aboutresolution.council.002-04RESOLUTION NO. ~ (Series of 2004) A RESOLUTION OF THE CITY COUNCIL OF ASPEN, COLORADO; ~LATIVE TO THE PETITION FOR ANNEXATION OF TERRITORY TO THE CITY OF ASPEN, COMMONLY KNOWN AS THE "MAROON CREEK RD - ISELIN TO HIGHLANDS"; FIN-DING 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 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 25, 2003, the County Commissioners of Pitkin County, 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 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 Attomey'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, one hundred percent (100%) of the owners of the affected property have 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 a petition is filed pursuant to subsection (1) of Section 31-12-107, C.R.S. 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 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 heating 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 23rd day of February, 2004, 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 cimulation 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 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 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 heating. 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. INTRODUCED, READ AND ADOPTED by the City Council of the City of Aspen on the . day o~//~~~2004. I, Kathryn S. Koch, duly appointed and acting City Clerk do certify that the foregoing is a tree 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. Kath~~Clerk ~ JPW- 01/06/2004-G: \j ohn\word\ resos\maroonCrgd- islein, doc ID VI L L A OE/ zP UD // ASPEN HIGHLANDS '~'~ SUBDIVISION CN 1/16 SEC ii FOUND £EBAR & ALUM. OA~ L.~ ~20133 ASPEN SCHOOL 0tS17,71C7' · 'ASPEN HIGHLANDS '~ VILLAGE PUD ASPEN HIGHLANDS SKI AREA ASPEN HIONLANDS SUBDIVISION S*///4 CORNER SEC rr FOUND REBAR & CAP, ILLEOIBLE LOT 1, PAR C/L/RES EXEM! THE ~fOORE FA · PUD LOT 2, PAR( C/L/RES EXEMP THE MOORE FAA THE MOORE FAMILY Pt / / / GRAPHIC SCALE ( IN FEET ) inch : 400 ft. SOPRIS ENGINEERING LLC CIVIL CONSULTANTS 502 MAIN STREET, SUITE A3 CARBONDALE. COLORADO 81623 (970) 704-0311 PETITION FOR ANNEXATION OF TERRITORY TO THE CITY OF ASPEN Maroon Creek Road From City Limits at Upper End of Iselin Park to a Point One Hundred Feet (100') beyond The Upper Highlands Base Area Drive The undersigned Petitioner, being the land owner within the exterior boundary of the territory hereinafter described, respectfully request the City Council of the City of Aspen to approve the annexation of the proposed area .!o be annexed in accordance with the provisions of C.R.S, 1973 31-8-101, et.S. eq., as may have I~een amended, and in support thereof alleges as follows: 1. It is necessary and desirable that the territory described in the land description below (Exhibit 1) be annexed to the City of Aspen 2. The requirements of C.R.S. 1973 31-104 and 31~8-105 exist or have been met. 3. The petitioner is the owner of the territory sought to be annexed and therefore is the owner of more than 50% of the territory sought to be annexed. Pitkin county is owner oflO0% of the territory being annexed. LAND DESCRIPTION: See Exhibit 1 ATTACHMENTS: (a) Circulator's Affidavit (b) Four (4) prints of Annexation Map containing information required by C.R.S. 1973 31-8-107 NAME MAILING ADDRESS Board of County 506 E. Main Street Commissioners Aspen, CO 81611 Pitkin County DATE G_NATURE ,~ AFFIDAVIT OF CIRCULATOR STATE OF COLORADO COUNTY OF PITKIN The undersigned, being duly sworn, deposes and states as follows: l. I am over the age of 21 years 2. I am the circulator of the foregoing Petition; and, 3. Each signature thereon is the signature of the person whose name it purports to be. Beryl W. Eylar, (7ounJ.55~ Subscribed and sworn to bef_9.ore me on this . day of WI~ESS MY H~D ~D OFFICI~ SE~ My commission expires: [ ~ ~ ~ ~ W'~.~q IsSue'DIvisioN ,~PUQ 1 ~¥ .]1 /,,% FOUND GLO 8;qASS CAt IO II ~ zdAROON CREEK CLIMB SUBDIWSION & PU~ ASPEN HIGHLANDS VILLAGE PUD ~4974 CN 1/18 SEC ~ FOUND REEAR & ALUM. CAP, L.~ {t£0133 ASPEN HIGHLANDS SUBDI~qSION ASPEN HIGHLANDS IdLLAGE PUD ASPEN HIGHLANDS SKI AREA ASPEN SCHOOL DISTRICT 51/4 CORNER SEC 11 FOUND REBAR & CA~ ~LEGIBLE LOT 1. OIL/RES EXEMP ~E MO0~E THE ~o"O~t TA~¢lZ r ' '-')F ...... } '~ LOT 2, ~-ACILI T/ES EXEMPT "-' ~E WOORE tAM THE MOORE FA,~IL Y PL GRAPHIC SCALE ( IN FEET ) I inch : 400 ft. SOPRIS ENGINEERING LLC CIVIL CONSULTANTS 502 MAIN STREET. SUITE A3 CARBONDALE, COLORADO 81623 (970) 704 031'1