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Home My WebLink Aboutresolution.council.096-04 RESOLUTION NO. q~::~ (Series of 2004) 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 "LOT 10, ASPEN HIGHLANDS SUBDIVISION, FILING NO. 2 PARCEL"; 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 September 24, 2004, the owners of 100% of the property proposed to be annexed, did file with the City Clerk of the City of Aspen a Petition for Annexatiofi 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 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 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 22th day of November, 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 requirements and finding whether the area proposed to be annexed meets the applicable 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 circulation in the area proposed to be annexed. The first publication of such notice shall be at least thirty days prior to the date ofthe 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 //~,,~ day of ~004. " 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~ saved: lOI5/2004-778-G:\john\word\resos\highlands-villas-annl-res.doc PETITION FOR ANNEXATION OF TERRITORY TO THE CITY OF ASPEN, COLORADO The undersigned petitioners, being the land owners within the area proposed to be annexed as hereinafter described, respectfully request the City Council of the City of Aspen to approve the annexation of the proposed area to be annexed, and in support thereof allege as follows: 1. It is desirable that the territory described in the petition below be annexed to the City of Aspen. 2. The petitioners are the owner of more than 50% of the territory sought to be annexed. 3. The requirements of sections 31-12-104 and 31-12-105 C.R.S. exist or have been met. · LAN D D ESCRI PTI ON The land for which annexation is sought by petitioners consists of the parcel identification numbers listed on the attached petition. ATTACH M E NTS Accompanying this petition are four (4) prints of annexation maps containing the information required by CRS 1973 31-8-107. PHYSICAL ADDRESS PARCEL ID # SIGNATURE OF OWNE~ NAME ZuvJa Stein ~ HighlandsVJllas Elizabeth and John Bokram ~ Highlands Villas David and Lisa Vantine 3 Highlands Villas Aspen School District 4 Highlands Villas Katrina Johnson 5 Highlands Villas Jennifer and Tim Lamb 6 Highlands Villas Lisa and Joe Kistner 7 Highlands Villas Lee Cassin and Dave Tolen 8 Highlands Villas Wendy Larson 9 Highlands Villas Jim and Mary Owens lO Highlands Villas M, ariah Shipp 11 Highlands Villas Phil and Jill Hedrick ~z Highlands Villas Sean and Erica Groover 43 Highlands Villas Patsy Malone lz~ Highlands Villas Marlene Schroeder 15 Highlands Villas Phyllis Kenny and Charlie Varonen 16 Highlands Villas : .: :.:: :..::: . -.: '"':i':": ..... : ;, / ~' I Lot 10, Aspen Highlands // Subdivision Filing 2 / {Plat Book 11 Page 50,) / 2.569 acres / / / ?. / / / ~o. . '~~iiiii , %. I I 1 / / I / ...... . '::" '::".:: .::.: