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Home My WebLink Aboutresolution.council.055-98 ~ r--\ ~ , ~~ RESOLUTION NO. .55"" (Series of 1998) NOr ~~'r ~ 'eel> q5-~ A RESOLUTION OF THE CITY COUNCIL OF ASPEN, COLORADO, RELATIVE TO THE PETmON FOR ANNEXATION OF TERRITORY TO THE CITY OF ASPEN, COMMONLY KNOWN AS THE "SNYDER PROPERTY"; FINDING 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 July 10, 1998, the City Manager on behalf of the City of Aspen, 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 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, one hundred percent (100%) of the owners of the affected property have consented to annexation of their property to the City of Aspen; and ~ r ~ "_.' 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, eR.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 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 24th day of August, 1998, in Council Chambers at City Hall, 130 S. Galena, Aspen, Colorado 8161 L (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 2 ("- ,"-'. r-, ,,' 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 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 hearing. Section 4 That pursuant to Section 31-12-115, CRS., 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 of ,1998. 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. Kathryn S. Koch, City Clerk JPW-07/10/98-G:\john\word\resos\snyder-annl-res.doc 3 r-. EXHIBIT "A" LEGAL DESCRIPTION A TRACT OF LAND LOCATED IN THE RIVERSIDE PLACER, U.S. MINERAL SURVEY NO. 3905 AM, AND BEING IN THE NEl/4 OF SECTION 18, TlOS, R84W OF THE 6TH P.M., PITKIN COUNTY, COLORADO, DESCRIBED AS FOLLOWS: COMMENCING AT CORNER NO.2 OF SAID RIVERSIDE PLACER, THENCE S54023'36"W, 357.51 FEET TO THE NORTHEAST CORNER OF JUKATI SUBDMSION, A SUBDIVISION IN THE COUNTY OF PITKIN,STATE OF COLORADO, ACCORDING TO THE RECORDED PLAT THEREOF; THENCE S15027'00"E, 94.14 FEET ALONG THE EASTERLY LINE OF SAID JUKATI SUBDIVISION; THENCE SW13'00"W, 60.06 FEET ALONG THE EASTERLY LINE OF SAID JUKATI SUBDIVISION TO THE SOUTHEAST CORNER THEREOF, BEING A POINT ON THE EASTERLY LINE OF THAT TRACT OF LAND AS DESCRIBED IN INSTRUMENT RECORDED IN BOOK 218 AT PAGE 544 OF THE RECORDS OF PITKIN COUNTY, COLORADO, AND THE TRUE POINT OF BEGINNING; THENCE SW13'OO"W, 519.94 FEET ALONG THE EASTERLY LINE OF THAT TRACT OF LAND AS DESCRIBED IN SAID BOOK 218 AT PAGE 544 TO THE SOUTHEAST CORNER THEREOF; r THENCE S75047'OO"W, 13.14 FEET ALONG THE SOUTHERLY LINE OF THAT TRACT OF LAND AS DESCRIBED IN SAID BOOK 218 AT PAGE 544; THENCE N30047'00"W, 10.13 FEET ALONG THE SOUTHERLY LINE OF THAT TRACT OF LAND AS DESCRIBED IN SAID BOOK 218 AT PAGE 544; THENCE NORTHWESTERLY, 2.02 FEET ALONG THE ARC OF A CURVE CONCAVE TO THE NORTHEAST TO A NORTHEAST CORNER OF FERGUSON ANNEXATION PLAT, AN ANNEXATION PLAT RECORDED IN PLAT BOOK 13 AT PAGE 65 OF THE RECORDS OF PITKIN COUNTY, COLORADO, SAID ARC HAVING A RADIUS OF 184.62 FEET A CENTRAL ANGLE OF 00037'41" AND BEING SUBTENDED BY A CHORD THAT BEARS N46024'28"W, 2.02 FEET; THENCE NORTHWESTERLY, 79.06 FEET ALONG THE NORTHEASTERLY LINE OF SAID FERGUSON ANNEXATION PLAT AND ALONG THE ARC OF A CURVE CONCAVE TO THE NORTHEAST TO A POINT OF REVERSE CURVE, SAID ARC HAVING A RADIUS OF 184.62 FEET, A CENTRAL ANGLE OF 24032'12" AND BEING SUBTENDED BY A CHORD THAT BEARS N33049'32"W, 78.46 FEET; ~ THENCE NORTHWESTERLY, 290.75. FEET ALONG THE NORTHEASTERLY LINE OF SAID FERGUSON ANNEXATION PLAT AND ALONG THE ARC OF SAID REVERSE CURVE TO THE WESTERLY LINE OF THAT TRACT OF LAND AS DESCRIBED IN ,-,,' r r- ~ ...,' SAID BOOK 218 AT PAGE 544 AND THE EASTERLY LINE OF RIVERSIDE ANNEX, AN ANNEXATION PLAT IN THE COUNTY OF PITKIN, STATE OF COLORADO, ACCORDING TO THE RECORDED PLAT THEREOF, SAID ARC HAVING A RADIUS OF 293.57 FEET, A CENTRAL ANGLE OF 56044'44" AND BEING SUBTENDED BY A CHORD THAT BEARS N49055'48"W, 279.Q1 FEET; THENCE NORTHEASTERLY, 341.05 FEET ALONG THE WESTERLY LINE OF THAT TRACT OF LAND AS DESCRIBED IN SAID BOOK 218 AT PAGE 544, THE EASTERLY LINE OF SAID RIVERSIDE ANNEX AND ALONG THE ARC OF A CURVE CONCAVE TO THE NORTHWEST TO THE SOUTHWEST CORNER OF SAID JUKATI SUBDIVISION, SAID ARC HAVING A RADIUS OF 844.02 FEET, A CENTRAL ANGLE OF 23009'06" AND BEING SUBTENDED BY A CHORD THAT BEARS N06040'27"E, 338.73 FEET; THENCE S80026'00"E, 190.00 FEET ALONG THE SOUTHERLY LINE OF SAID JUKATI SUBDIVISION; THENCE S73031'30"E, 185.14 FEET ALONG THE SOUTHERLY LINE OF SAID JUKATI SUBDMSION TO THE TRUE POINT OF BEGINNING. AREA = 3.194 ACRES, MORE OR LESS. EAA-07/13J98-g:\\RVRSIDE,LGL !""""" ~ , 1"""". - TO: FROM: DATE: RE: MEMORANDUM Mayor and Members of Council JohnP. Worcester July 10, 1998 Snyder Property Annexation ... ...... .... ... ... ... ......... ......... Attached for your consideration is a resolution which, if adopted, would initiate annexation proceedings for the Snyder Property. The City Manager, on behalf of the City of Aspen, filed an annexation petition with the City Clerk on July 10, 1998. This office and the Engineering Department 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 of the Colorado Revised Statutes requires: and. (a) That not less than one-sixth of the perimeter of the area to be annexed is contiguous with the annexing municipality. ... (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 I r- r I"'"' ,,- ownership, commencement of annexation proceedings for annexation to other municipalities, detachment of area from a school district, prohibition against extending city limits beyond three miles in a single year, adoption of a plan for the area to be annexed, and requirement that entire widths of streets be made a part of the annexed area). Nevertheless, a hearing must be held so Council can make those specific findings. 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 same time the annexation ordinance is adopted.) Adoption of the attached resolutions will cause staff to continue working on the above described steps. Once the steps are completed, two ordinances will be presented to Council to formally annex the area into the City. REQUESTED ACTION: A motion to adopt Resolution No. 5?' ,Series of 1998. JPW-07/10/98-G:\john\word\memos\snyder-ann-meml.doc 2 ~, I PETITION FOR ANNEXATION "Snyder Property 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 Snyder Property, 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. NOW, THEREFORE, the undersigned on behalf of the City of Aspen in accordance with Article 12, Chapter 31, eR.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 "Snyder Property", 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 (116) 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 signature on this Petition comprises 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. o 8. district. The proposed annexation will not result in the detachment of area from any school (-- 7\ , o 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. 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 a part of any incorporated city, city and county, or town. o.red./4 /0) /'lrr City Cit f Aspen 130 S. Galena Street Aspen, Colorado 81611 JPW-07/10/98-G:\john\word\snyder-ann-petition.doc ~-