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HomeMy WebLinkAboutresolution.council.058-98 /"", r I"""- RESOLUTION NO. 1f58 (Series of 1998) 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 "BURLINGAME RANCH"; FINDING SUBSTANTIAL COMPLIANCE WITH SECTION 31-12-107(1), C.R.S.; ESTABUSHING A DATE, TIME, AND PLACE FOR A PUBUC HEARING TO DETERMINE COMPLIANCE WITH SECTIONS 31-12-104 AND 31- 12-105, C.RS.; AUTHORIZING PUBUCATION OF NOTICE OF SAID HEARING; AND AUTHORIZING THE INSTITUTION OF ZONING PROCEDURES FOR LAND IN THE AREA PROPOSED TO BE ANNEXED. WHEREAS, on July 20, 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.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 (1) 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; 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, C.RS., 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 Aspt<n is hereby found and determined to be in substantial compliance with the provisions of subsection (1) of Section 31-12- 107, C.RS. 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 28th day of September, 1998, 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 r'- requirements of Sections 31-12-104 and 31-12-105, C.RS., and is considered eligible for 2 ('.. 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 Attomey 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 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 ~1 daYOf~' 1998. ~:s 1.3.- # 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. ('. JPW-08/26/98-G:\john\word\resos\burlingame-annl-res.doc 3 (""".. PETITION FOR ANNEXATION "Burlingame Ranch 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 Burlingame Ranch, 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; and WHEREAS, the City Manager of the City of Aspen has requested annexation of real property owned by the Colorado Department of Transportation comprising a portion of State Highway 82 adjoining the City of Aspen, Pitkin County, Colorado, to the City of Aspen; and WHEREAS, the Colorado Department of Transportation have by correspondence dated July 13, 1998, indicated that annexation of Transportation Department property by entities other than the Department may proceed under the provisions of Colorado Revised Statute 31-12- !05(e), without their consent, permission or participation (see Exhibit "B" attached hereto); r 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 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 "Burlingame Ranch", and in support of said Petition, your petitioners allege 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 signatures on the Petition comprise one hundred percent (100%) of the landowners of the territory to be included in the area proposed to be annexed and said I""" 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. . 8. district. The proposed annexation will not result in the detachment of area. from any school 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. 1 O. Attached to this Petition as Exhibit "c" and by this reference incorporated herein is an annexation map containing the information required by Section 3l-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. r,. r---- , r, EXHIBIT "A" LEGAL DESCRIPTION BURLINGTON RANCH ANNEXATION MAP TO THE CITY OF ASPEN LOCATED IN SECTIONS 2 AND 3, Tl OS, R85W OF THE 6TH PRINCIPAL MERIDIAN, COUNTY OF P1TKIN, STATE OF COLORADO, BEING DESCRIBED AS FOLLOWS: COMMENCING AT THE NE CORNER OF SAID SECTION 3, FROM WHICH THE E1I4 CORNER OF SAID SECTION 3 BEARS S03254'00"W, 2636.04 FEET; THENCE S03 254'00"W, 60.83 FEET TO THE POINT OF BEGINNING: THENCE S03254'00"W, 1257.19 FT; THENCE N89238'22"E, 906.71 FEET TO THE WESTERLY LINE OF THAT DEED AS RECORDED IN BOOK 351, PAGE 144; THENCE ALONG THE WESTERLY LINE OF THAT DEED AS RECORDED IN BOOK 351, PAGE 144 THE FOLLOWING (8) COURSES (1) Sl1256'08"W, 128.69 FT. (2) S022 19'31"W, 688.34 FT, (3) Sooo09' 12"E, 57.52 FT, (4) S24233 , 30"E, 90.25 FT, (5) S23206'36"E, 294.29 FT, (6) S19200'16"E, 80.14 FT, (7) SOl 2 13'45"E, 243.16 FT, (8) S02209'17"W, 165.45 FT TO THE NORTHERLY LINE OF THAT DEED AS RECORDED IN BOOK 181, PAGE 320; THENCE ALONG THE NORTHERLY, WESTERLY AND SOUTHERLY LINE OF THAT DEED AS RECORDED IN BOOK 181, PAGE 320, THE FOLLOWING (3) COURSES (1) N872 13'OO"W, 324.69 FT, (2) SOl o 46'00"E, 610.40 FT, (3) S85227'06"E, 292.75 FT; THENCE S04046'50"W, 66.81 FT; THENCE N88209'03"W, 79.98 FT; THENCE N87238'24"W, 105.68 FT; THENCEN87248'18"W, l42.90FT; THENCEN872j1'08"W, 67.69 FT TO THAT DEED AS RECORDED IN BOOK 185 PAGE 150; THENCE ALONG THE NORTHEASTERLY LINE OF THAT DEED AS RECORDED IN BOOK 185, PAGE 150 THE FOLLOWING (15) COURSES (1) N10226'00"W, 26.19 FT; (2) N48235'00"W, 15.27 FT; (3) N59214'OO"W, 131.07 FT, (4) N69214'00"W, 39.52 FT, (5) N75247'00"W, 94.37 FT, (6) N78"44'00"W, 203.36 FT, (7) N73 203'00"W, 50.29 FT, (8) N642lO'00"W, 79.10 FT, (9) N55 o 44'00"W, 75.14 FT, (10) N58208'00"W, 86.98 FT, (11) N62200'00"W, 70.17 FT, (12) N64230'00"W, 328.51 FT, (13) S42212'16"W, 2.57 FT, (14) N64230'00"W, 37.66 FT, (15) N602 13'00"W, 308.40 FT TO THAT DEED AS RECORDED IN BOOK 157 PAGE 535 AND BOOK 176 PAGE 318; THENCE SOUTHEASTERLY ALONG THE NORTHEASTERLY LINE OF THAT DEED AS RECORDED IN BOOK 157 PAGE 535 AND BOOK 176 PAGE 318 AND ALONG THE ARC OF A CURVE CONCAVE TO THE NORTHEAST, SAID ARC HAVING A RADIUS OF 2242.00 FT A CENTRAL ANGLE OF 200 16'11" AND BEING SUBTENDED BY A CHORD THAT BEARS S242oo'55"E, 789.03 FT, THENCE ALONG SAID DEED S34209'00"E, 124.60 FT; THENCE CONTINUING ALONG SAID DEED SOUTHEASTERLY, 1934.59 FT ALONG THE ARC OF A CURVE CONCAVE TO THE NORTHEAST, SAID CURVE HAVING A RADIUS OF 5680.00 FT, A CENTRAL ANGLE OF 19230'53" AND BEING SUBTENDED BY A CHORD THAT BEARS S43254'27"E, 1925.25 FT; THENCE SOlo0l'42"W, 134.16 FT; THENCE NORTHWESTERLY 2049.61 FT ALONG THE ARC OF A CURVE SAID ARC HAVING A RADIUS OF 5790.00 FT, A CENTRAL ANGLE OF 20216'56" AND BEING r".. o .~. SUBTENDED BY A CHORD THAT BEARS N442l7'28"W, 2038.93 FT; THENCE N34209'00"W, 124.60 FT; THENCE NORTHWESTERLY 155.91 FT ALONG THE ARC OF A CURVE CONCAVE TO THE NORTHEASTERLY; SAID CURVE HAVING A RADIUS OF 2352.00 FT, A CENTRAL ANGLE OF 03 247'53" AND BEING SUBTENDED BY A CHORD THAT BEARS N32215'04"W, 155.88 FT TO SOUTH LINE OF THAT DEED AS RECORDED IN BOOK 187 PAGE 321; THENCE ALONG THE SOUTH LINE OF THAT DEED AS RECORDED IN BOOK 187 PAGE 321 N89256'OO"W, 1098.94 FT; THENCE S01234'00"W, 23.47 FT TO THE NORTHERLY LINE OF THAT DEED AS RECORDED IN BOOK 225 PAGE 154; THENCE ALONG THE NORTHERLY LINE OF THAT DEED AS RECORDED IN BOOK 225 PAGE 154 THE FOLLOWING (4) COURSES (1) S89241'OO"W, 336.33 FT, (2) S88220'00"W, 298.14 FT, (3) N89256'00"W, 244.00 FT, (4) S88239'00"W, 62.18 FT, THENCE N00233'37"E, 1096.92 FT; THENCE N45217'25"W, 1847.53 FT; THENCE S89242'4l "w, 615.94 FT TO THE EAST LINE OF THAT DEED AS RECORDED IN BOOK 302 PAGE 687; THENCE ALONG THE EAST LINE OF THAT DEED AS RECORDED IN BOOK 302 PAGE 687, N02224'35"W , 162.20 FT; THENCE S89259'51"E, 429.20 FT; THENCE S89 256'00"E, 1152.41 FT; THENCE N89 256'00"E, 1219.29 FT TO THAT DEED AS RECORDED IN BOOK 335 PAGE 369 AND BOOK 187 PAGE 557, THENCE ALONG THAT DEED AS RECORDED IN BOOK 335 PAGE 369 AND BOOK 187 PAGE 557 THE FOLLOWlNG (14) COURSES, (1) S30222'29"E, 17.25 FT, (2) S2724l'12"E, 282.96 FT, (3) S2724l'57"E, 276.68 FT, (4) S272l2'27"E, 186.22 FT, (5) S24223'50"E, 51.90 FT, (6) S21234'04"E, 53.59 FT, (7) S19219'4l"E, 102.13 FT, (8) S19220' 26"E, 127.95 FT, (9) S19239' 27 "E, 169.52 FT, (10) S20235' 30"E, 125.21, (11) S23 231' 48 "E, 123.79 FT, (12) S25254' 56"E, 254.98 FT, (13) S29209' 23 "E, 154.34 FT, (14) N6g2}7' 08"E, 4.91 FT TO DEEDS AS RECORDED IN BOOK 335 PAGES 372 & 724, BOOK 199 PAGE 557 AND BOOK 188 PAGE 462; THENCE ALONG THOSE DEEDS AS RECORDED IN BOOK 335 PAGES 372 & 724, BOOK 199 PAGE 557 AND BOOK 188 PAGE 462 THE FOLLOWING (9) COURSES, (1) S4J237 , OO"E, 155.59 FT, (2) S44200' OO"E, 237.32 FT, (3) S31241' OO"E, 232.32 FT, (4) S32203' OO"E, 65.03 FT, (5) S02259' OO"E, 343.90 FT, (6) N63236' OO"E, 212.26 FT, (7) S75229' OO"E, 78.92 FT, (8) S6725l "OO"E, 44.38 FT, (9) S54215' OO"E, 683.85 FT TO THAT DEED AS RECORDED IN BOOK 157 PAGE 535; THENCE ALONG THAT DEED AS RECORDED IN BOOK 157 PAGE 535 THE FOLLOWING (3) COURSES, (1) ALONGTHE ARC OF A CURVE CONCAVE TO THE NORTHEAST 50.40 FT, SAID ARC HAVING A RADIUS OF 2352.00 FT, A CENTRAL ANGLE OF 01213' 40" AND BEING SUBTENDED BY A CHORD THAT BEARS Nl1207' 50"W, 50.39 FT, (2) N79230' OO"E, 10.00 FT TO A CURVE (3) ALONG THE ARC OF A CURVE CONCAVE TO THE NORTHEAST 295.89 FT, SAID CURVE HAVING A RADIUS OF 2342.00 FT, A CENTRAL ANGLE OF 07214' 20" AND BEING SUBTENDED BY A CHORD THAT BEARS N06252, 50"W, 295.70FT; THENCES89239'09"E, 100.21 FT TO THAT DEED AS RECORDED IN BOOK 157 PAGE 535; THENCE NORTHEASTERLY, 260.43 FT ALONG' THE ARC OF A CURVE CONCAVE NORTHEASTERLY AND THAT DEED AS RECORDED IN BOOK 157 PAGE 535, SAID ARC HAVING A RADIUS OF 2242.00 FT, A CENTRAL ANGLE OF 06239' 20" AND BEING SUBTENDED BY A CHORD WmCH BEARS NOO205'40"W, 260.29 FT; THENCEN03214'00"E, 1351.18 FT, TO THAT DEED AS RECORDED IN BOOK 176 PAGE 611 AND BOOK 243 PAGE 773, THENCE ALONG I"""- THAT DEED AS RECORDED IN BOOK 176 PAGE 611 & BOOK 243 PAGE 773, THE FOLLOWING (4) COURSES, (1) S86'46' OO"E, 356.35 FT, (2) N21232' 23 "E, 711.89 FT, (3) N28246' 08 "E, 201.45 FT, (4) N38225' 48 "E, 174.73 FT TO THE POINT OF BEGINNING. ,~ ~. JPW -07120/98-G:\john\word\memos\burlingame-petition.doc l!:::XIf fS.1/ "~/I !I'"""" DEPARTMENT OF TRANSPORTATION Region 3 222 South Sixth Street. Rm. 317 Grand Junction. Colorado 81501-2769 (970) 248-7208 Fax (970) 248,7254 July 13, 1998 Amy L. Margerum City of Aspen 130 South Galena Street Aspen, CO 81611 Re: Annexation of Highway 82 ~ Burlingame Ranch to the City of Aspen Dear Ms Margerum: Thank you for your patience in waiting for an answer to your letter and Petition for Annexation dated March 27,1998. For the past several years it has been the policy of the Department to participate or assist in the annexation process only when the Department is requesting annexation for the purpose of clearing up Jurisdictional questions or to obtain municipal services. COOT 1"-\ Policy Directives 1303.0 and 1303.1 have now been revised to reflect this decision of the Transportation Commission. At this time annexation of Department owned property by entities other than the Department, can be carried out under the provision of Colorado Revised Statute 31-12- 105( e). Annexation of public transportation right of way, for the purpose of contiguity, is allowed without agency approval. Therefore we are returning your petition unsigned. This policy should not effect your ability to complete the proposed annexation. If you have any questions please contact this office. SPORTATION Inc1.: Annexation Petition ~ CC: Ralph Trapani .fGFIir~,W<li:Cesler, .Citi.A:ttol'lley Nick Adeh, City Engineer Stan Clauson, Community Development Director r>-, .,....,." " SUBJE .:' Annexation of Department Property ER 1303.0 POLICY DIRECTIVE PROCEDURAL DIRECTIVE U Ject Annexation of Department Property u er 1303. o E ectl.ve 4/16/98 uperse es r1g1nat1ng 0 1ce Right of Way Services PURPOSE The purpose of this policy is to clarify CDOT's role in the annexation of its properties by a city of town. AUTHORITY 31-12-101 thru 122. C.R.S., as amended (Municipal Annexation Act) 43-1-109 thru 111, C.R.S., as amended (Highway Law) APPLICABILITY This methodology shall apply to all Department of Transportation Divisions, Branches, and Region Offices. 1"""-. POLICY It is the policy of the Department of Transportation to request and assist in the annexations of Department owned real property including highway right of way, maintenance facilities, and other real property, only when the annexation is needed by the Department to obtain municipal services or to clear up jurisdictional questions related to municipal boundaries. Jurisdictional questions occasionally arise when a municipal boundary runs down the center of a highway, thus dividing responsibility for that highway between two or more municipalities. Further, it is generally the policy of the Department ~ to execute annexation petitions prepared by municipalities or private parties. Annexation of Department owned property, sought by entities other than the Department, will be accomplished by means other than annexation petition, with the following exception: /,,''''', The Department may, at its discretion, execute an annexation petition to facilitate a city in their solution of a jurisdictional question where a city limit does not incorporate the entire width of the highway right of way. In these instances, the Department may initiate a petition to have a part of the roadway annexed to the city. Page 1 of 2 r-. r ('- ,-. /~ DBJ Annexation of Department Property 1303.0 Nothing in this policy shall be construed to prevent the annexation of Department owned real property to a municipality by the means of an annexation election. The Department shall neither support or oppose an annexation election regarding its property. IMPLEMENTATION The policy stated herein shall become effective upon the signature of the Executive Director and approval of the Transportation Commission. SUNSET DATE This directive shall remain in effect until it is reviewed and revised, as necessary, on or before January 1, 2002. Siqnature on File Guillermo V. Vidal, Executive Director Date Siqnature on File Dan Hopkins, Secretary, Transportation Commission Date Page 2 of 2 ,-. .,-", SUBET Annexations of Department Property 1303.1 ~\ , . T TRANSPORTATION POLICY DIRECTIVE PROCEDURAL DIRECTIVE U Ject Annexation of Department Property Nu er 1303. 1 E ectl.ve 4/22/98 upe:r:se es 1/1/90 r~g~nat~ng 0 1ce Right of Way Services PURPOSE To establish uniform procedures relative to Department initiated annexations into municipalities. AUTHORITY 31-12-101 thru 122, C.R.S., as amended (Municipal Annexation Act) 43-1-109 thru 111, C.R.S., as amended (Highway Law) APPLICABILITY This procedure shall apply to all Department of Transportation Divisions, Branches, and Region Offices. BACKGROUND r.. The Department may find it to be desirable and/or necessary for certain real property owned by the Department to be annexed into municipalities. Such situations may occur when the Department desires municipal police or fire protection, municipal water or sewer service, or to clear up jurisdictional questions related to municipal boundaries. PROCEDURE FOR ANNEXATIONS INITIATED BY THE DEPARTMENT 1) When the Department seeks to have a portion of its real property annexed into a municipality, the appropriate Region, by the Region Right of Way Manager, shall prepare a packet of information including the legal description of the property to be annexed, plat maps showing the property, petition(s) for annexation to be signed by the Chief Engineer, and circulator affidavits (as required by statute) in a manner which is satisfactory to the annexing municipality. ~ For property to be eligible for annexation, it must meet the requirements of Section 31-12-104, C.R.S., especially showing that at least one sixth (1/6th) of the property's perimeter is contiguous to the annexing municipality's boundaries. A description of the availability of water and sewer services before and after the annexations shall be included in this package. Once the Region has prepared the legal descriptions, plat maps, Page 1 of 2 \ ,-, .tl UB E T Annexations of Department Property ER 1303.1 ~ petition(s) for annexation, and circulator affidavits, the information shall be submitted to the annexing municipality to determine if it is acceptable. The Region will notify the municipality that the Department is not subject to taxes or assessments by special improvement districts (unless these services areprovided to Department facilities), and no reference shall be made to such districts in petitions for annexation solely involving Department owned property. The issuing authority for access matters shall also be identified, and all access considerations shall be resolved pursuant to Section 43-2-147 (5) (a), C.R.S., and the State Highway Access Code (2 CCR 601-1). Finally, any change in law enforcement within the property boundaries shall be identified. r--\ , 2) Upon finding the petition to be acceptable to the municipality, the petition package shall be submitted to Right of Way Services for review. Included within the package to be submitted by the Region shall be a detailed explanation of the reasons why the Region feels the property should be annexed into the municipality and any known effect on the property due to the annexation. Right of Way Services will then submit the annexation package to the Chief Engineer along with a recommendation for his acceptance and signature. The Chief Engineer shall respond to the request and make a decision on whether or not to sign the annexation petition. Should the Chief Engineer agree to sign, the petition will be attested to by the Chief Clerk and then the package will be returned by Right of Way Services to the Region for presentation to the municipality. The Region shall be responsible for payment of all fees or other costs associated with the annexation. IMPLEMENTATION This procedure shall become effective upon the signature of the Executive Director of the Department of Transportation. SUNSET DATE This directive shall remain in effect until it is reviewed and revised, as necessary, on or before January 1, 2002. Siqnature on File William F. Reisbeck, Chief Engineer Date r---- , Page 2 of 2