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HomeMy WebLinkAboutresolution.council.076-98 .~ RESOLUTION NO. 7 , (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 "CASTLE CREEK CONDOMINIUMS"; 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 October 7, 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 (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; and r r r 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 (I) of Section 31-12-107, C.R.S. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Section I 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 (I) 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.RS., 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 November, 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 requirements of Sections 31-12-104 and 31-12-105, C.RS., 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, 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 ./3 day of ~ /,1998. 3~ JohnS. I, Kathryn S. Koch, duly appointed and aCti~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. r JPW-10/06/98-\\commons\aspattorney\john\word\resos\castle-annl-i~.doc. . 3 r,. PETITION FOR ANNEXATION "Castle Creek Condominiums" 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 Castle Creek Condominiums, 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 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 "Castle Creek Condominiums", and in support of said Petition, your petitioners allege that: I. It is desirable and necessary that the territory described in ExWbit "A" attached hereto and incorporated herein by reference be annexed to the City of Aspen, Colorado. r, 2. Not less than one-sixth (1/6) 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 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. f"""""'\ 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. 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(I)(d), C.R.S., II. The territory to be annexed is not presently a part of any incorporated city, city and county, or town. Dated: J}yr {qqf JPW-IO/06/98-\\commons\aspattomey\john\word\memos\castle--ann-pet.doc f"'"',. ,I"'" Parcell: / A parcel of land situated in the Southwest one-quarter of Section 12 Township 10 South. Range 85 West of the 6th Principal Meridjan being part of Lot 9 il). said Section 12. And being part of the North Texas Millsite United States Mineral Survey No. 3288 and being part of the City and Townsite of Aspen. Described as . . follows: ~ Beginning at ComerNo. 2 of said North Texas Millsite,said corner also Line 6-7 of the City and Townsite of Aspen; whence Corner No.6 of Aspen Townsite, a red sandstone In place bears N07038' E 1134/60 feet: thence along said line 6-7 N07038'OO" E 39.94 feet to the TRUE POINT OF BEGINNING: . thence S 75040' E 8.00 feet; . . thence S 75038' W40.00 feet; thence N 75040' W 23.00 feet; . thence S 14020' W 17.00 feet; thence N 75040' W 38.00 feet; thence N.14020' E 15.00 feet; thence N 75040' W 15..50 feet; . thence N 14020'E 4.00 feet; thence N 75040' W 10.50 feet; thence N 14020' E 2.63 feet to the Northerly line of said North Texas Millsite; .,.-.-\ thence along the Northerly line of said Mlllsite N 74030~ W 47:00 feet; thence N07036' E54.12. feet to the . Southerly line of Colorado Highway No. 82; thence 875009'11" E 125.00 feet along the Southerly line of said Highway to line 6-7 of City and Townsite of ~spen thence S07038W'18.62 feet along said line 6-7 to the TRUE POINT OF BEGINNING. AND PARCEL 2: . A tract of land being comprised of those parcels ofland described in Book 240 at page 734 and Book 350 at Page 803 and portion of the Villas of Aspen Townhouses as shown on Plat Book 4 at Page 296, Pitkin County Records, being parts of Block 5 Aspen Townsite. North Texas Millsite MS 3288, and Lot 3, Section 12, Township 10 South. Range. 85 West of the 6th P.M., Pitkin County, Colorado as. described as follows: , Beginning at a point on Aspen Townsite line 6-7 being the Northwest corner of Block 5 Aspen Towlliiite, . thence S75009'11" E 35.99 feet long the North line of Block 5: . thence SI5043'36" W 66.30 feet; thence S89"30'00" W 46.00 feet; thence S66000'00" W 45.50 feet; thence N 32000'00" W 53.00 feet; . thence NOI040'00" E 24.50 feetto the North line of the North Texas Miflsite; . thence N74030'00" W 30.00 feet along the North line of the North Texas Millsite; . ' I _ . thence N07036'OO?' E 54.12 feet to the Southerly R.O.W. of Colorado State Highway No. 82; r thence S75009'11" E 125.00 feet along the Southerly R.O.W. of State Highway No. 82 to the Aspen Townsite line 6-7;. . thence S07"38'00" W 7.19 feet along Aspen Townsite line 6-7 to the beginning. , . . CONTAINING 12.727 SQUARE FEET MORE OR LESS.