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HomeMy WebLinkAboutresolution.council.101-99 r', RESOLUTION NO. 101 (Series of 1999) 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 "PETRICK PROPERTY"; FINDING SUBSTANTIAL COMPLIANCE WITH SECTION 31-12-107(1), C.RS.; ESTABLISHING A DATE, TIME, AND PLACE FOR A PUBLIC HEARING TO DETERMINE COMPLIANCE WITH SECTIONS 31-12-104 AND 31-12-105, C.RS.; 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 1, 1999, the owners 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 -T"'-, 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 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. o .~ ~ ~, 2 o 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 med, 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-five 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 8th_day of November, 1999. I, Kathryn S. Koch, dilly 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-l1/10/99-G:\john\word\resos\petrick-annl.doc ',- -~ ~ - - ~, 3 ~ PETITION FOR ANNEXATION OF TERRITORY TO THE CITY OF ASPEN. COLORADO The undersigned Petitioner, being the land owner within the exterior boundary of the territoty hereinafter described, respectfully request the City Council of the City of Aspen to approve the annexation of the proposed area to be annexed in accordance with the provisions ofC.R.S. 197331-8-101, et. sea., as may have been amended, and in support thereof allege as follows: I. It is necessary and desirable that the territory described in the land description below be annexed to the City of Aspen. 2. The requirements of C.R.S. 1973 31-8-104 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 ~, LAND DESCRIPTION: The legal description of the land owner by Petitioner for which annexation is sought is as follows: SEE ATTACHMENT ATTACHMENTS: Accompanying this Petition are the following: (a) Circulator's affidavit (b) Proof of Ownership (copy of Title Commitment from Stuart Title) (c) Four (4) prints of an annexation map containing the information required by c.R.S. 197331-8-107 NAME MAILING ADDRESS rr~\ 330 ~f11:::\l\ ~OR. ~ . Co 81foll , SN ,~L ~, ~ o fr""\ AFFIDA vrT OF CIRCULATOR STATE OF COLORADO County of Pitkin The undersigned, being duly sworn, deposes and states as follows: 1. 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. ~Jt~ - Subscribed and sworn to before me on this 6-tJt day of Oc-rt;,SeI<. 1m , by 1<. CJ+A 12.7) -K. ?e:rk:.J ~ " ;;" ~SS MY HAND AND OFFICIAL SEAL. ,...;,~~".'/"" "<~f?:f;,'-., .;';.'" '<':r~t~ission expires: . 0 ~ ' ~"":-"-'-"-~' ~ ~ } ,f)U _. . (f' ", ';_\ \ \ \J .'" r-,: ~.~ ;;:-... .~. ,~..<~ .;,>,~., " OF CO\." " """" "" , " ' 'r r MA Y :2 MFlf ~~ '~9~: .i?' 1214PM~ 8~P.W ~~80~ST8T~: co NO.9566 ' P. ,~.8 LeGu\L ~MioN EXHISIT A ;, A ~ract of land Deing part of Lot 1$ and the NWl/4 of the SW1/4 of Section 1, and part of Lot 12, Section 2, all in Township 10 South, R~nge' 6S Wesl:. of tbe 6th i'rincipal Meridian. -Said tract ilil more fl.llly descirhed as follows: ' Beginnin~ at a point on the Westerly line of the County Road whence the Southwest Corner of said Section 1 hears South '-2005'20" WEst :l.U2.14 teet; thence south 6"05'30" West 615.:01 feetj thence West 325.00 feet; thence North 0~35' East 878.70 feet; thence East 340 feet more O~ less to the Westerly line of the County :cdad'j. . the~ce southerly along the Westerly. line of the Cou~ty Road 275 feet mot~ Qr le$s to the point of beginning. ~XC~PTINO THSRSPROM PITKIN MESA SUSDXvrSION, BLOCK 1. ~. ' " ,. . ' ': " :', ~