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HomeMy WebLinkAboutresolution.council.099-04 RESOLUTION NO. (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 "BAR/X RANCH"; 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 22, 2004, 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 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 and finding whether the area proposed to be requirements of Sections 31-12-104 and 31-12-105, C.R.S., annexation. Said notice shall be published once a week for annexed meets the applicable and is considered eligible 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 /a~ day of ~, 2004. 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.t~t(ch, C~t~f Clerk JPW- saved: lO/5/2004-769-G:\john\word\resos\bar-x-ranch-annl-res.doc PETITION FOR ANNEXATION TO THE CITY OF ASPEN, COLORADO: The undersigned ("Petitioner"), this ~2~ day of September, 2004, hereby petitions ("Petition") the City of Aspen, Colorado, to annex to the City of Aspen, the unincorporated territory located in the County of Pitkin, State of Colorado, described as set forth on Exhibit A attached hereto and incorporated herein byreference ("Annexation prOperty"), In support of this Petition, Petitioner alleges that: 1. It is desirable and necessary that the Annexation Property be annexed to the City of Aspen, Colorado. 2. The requirements of Section 31-12-104 and 31-12-105 Colorado Revised Statutes ("C.R.S.")exist or haVe been met. 3. A community of interest exists between the Annexation Property and the City of Aspen, Colorado. 4. The Annexation Property is urban or will be urbanized in the near future and the Annexation Property is integrated with or is capable of being integrated with the City of Aspen, Colorado. 5. Not less than one-sixth (1/6) of the perimeter of the Annexation Property is contiguous with the City of Aspen, Colorado. 6. The signer of this Petition comprises more than fifty percent (50%) of the landowners in the Annexation Property owning more than fifty percent (50%) of the Annexation Property, exclusive of streets and alleys; and the signer of this Petition hereby consents to the establishment of the boundaries of the Annexation Property as shown on the annexation plat submitted herewith. 7. The signer of this Petition comprises the owner of one hundred percent (100%) of the Annexation Property. 8. The Annexation Property is not presently a part of any incorporated city, city and county, or town; nor have any proceedings been commenced for incorporation or annexation of an area that is part or all of the Annexation Property; nor has any election for annexation of the Annexation Property or substantially the same territory to the City of Aspen, Colorado been held within the twelve (12) months immediately preceding the filing of this Petition. 9. The proposed annexation will not result in detachment of area from any school district or attachment of same to another school district. 10. Except to the extent necessary to avoid dividing parcels within the Annexed Property held in identical ownership, at least fifty percent (50%) of which are within the three (3) mile limit, the proposed annexation will not extend the municipal boundary of the City of Aspen more than three (3) miles in any direction from any point of the current municipal boundary. 11. The proposed annexation will not result in the denial of reasonable access to any landowner, owner of an easement, or owner of a franchise adjoining a platted street or alley which has been annexed by the City of Aspen but is not bounded on both sides by the City of Aspen. 12. In establishing the boundaries of the Annexation Property, no land which is held in identical ownership, whether consiSting of a single tract or parcel of real estate or two or more contiguous tracts or parcels of real estate: (a) is being divided into separate parts or parcels without the written consent of the landowner or landowners thereof; or (b) comprising twenty (20) acres or more and together with buildings and improvements situate thereon having a valuation for assessment in excess of $200,000.00 for ad valorem tax purposes for the year next preceding the propOsed annexation, is included in the Annexation Property without the written consent of the landowner or landowners. 13. The legal description of the land owned by the signer of this Petition is set forth underneath the name of such Petitioner on Exhibit B, attached hereto and incorporated herein by this reference. As more particularly described on Exhibit B, the land owned by petitioner BarD( Ranch, LLC ("Bar/X Property") constitutes one hundred percent (100%) of the Annexation Property pursuant to Section 31-12-107(1)(g) of the Annexation Act. 14. The affidavit of the circulator of this Petition certifying that each signature on this Petition is the signature of the person whose name it purports to be and certifying the accuracy of the date of such signature is attached hereto as Exhibit C and is incorporated herein by this reference. 15. This Petition is accompanied by four prints of an annexation map containing, among other things, the following information: (a) A written legal description of the boundaries of the Annexation Property; (b) A map showing the boundary of the Annexation Property; (c) Within the annexation boundary map, a showing of the location of each ownership tract in unplatted land and, if part or all of the area is platted, the boundaries and the plat numbers of plots or of lots and blocks; and (d) Next to the boundary of the AnnexatiOn Property, a drawing of the contiguous boundary of the annexing municipality abutting the Annexation Property. 16. The Petitioner requests that the City of Aspen institute the zoning approval process for the Annexed Property in accOrdance with C.R.S. Section 31-12-115 and applicable sections of the Land Use Code of the City of Aspen, and that the City approve and execute an 2 annexation and development agreement ("Annexation and Development Agreement") which establishes vested property rights for the Annexation Property and otherwise establishes the development plan for the Annexation Property in accordance with the Amended and Restated Pre- annexation Agreement, as amended, Bar/X Ranch dated January 16, 2004, executed between Petitioner and the City (the "Pre-annexation Agreement"). 17. The signer of this Petition hereby reserves the right to withdraw this Petition at any point prior to the later to occur of: (i) thirty-five (35) days after the effective date of a final ordinance approving the Annexation and Development Agreement pursuant to applicable provisions of the City Code of the City of Aspen, and C.R.S. Section 24-68-101 et seq.; (ii) three days after the expiration of the time period prescribed by the Charter of the City of Aspen for filing a referendum petition challenging the ordinance approving the annexation; (iii) any later date provided for in such Annexation and Development Agreement; or (iv) thirty-five days after the date of final approval by the City of a site specific development plan for the Annexation Property. Neither the City nor the Petitioner shall cause the occurrence of the conditions necessary to the effectiveness of this annexation pursuant to 31-12-113 (2)(a)(I)(II) C.R.S. by recordation of the annexation ordinance and annexation maps, until the expiration of the latest of the foregoing enumerated events. 18. Upon the annexation ordinance becoming effective, and subject to the conditions set forth in this Petition and in the Annexation and Development Agreement, the Annexation Property shall become subject to all ordinances, resolutions, rules and regulations of the City of Aspen, except as otherwise set forth in the Annexation and Development Agreement, and except for general property taxes of the City of Aspen which shall become effective on January 1 of the next succeeding year following passage of the annexation ordinance. 19. This Petition is filed on the conditi°n that, concurrently with its approval of annexation of the Annexation Property: (i) the City of Aspen approve zoning of the Annexation Property that is substantially consistent with the appliCati°n for zoning apProval which Petitioner will submit following the City of Aspen making the required finding of this Petition's substantial compliance with the requirements of the Annexation Act; and (ii) the City of Aspen approve and authorize execution of the Annexation and Development Agreement consistent with the Pre- annexation Agreement; and (iii) the final approval by the City of a site specific development plan for the Annexation Property consistent with the Pre-Annexation Agreement. 20. Except for the terms and conditions of this Petition and of the Annexation and Development Agreement as made subject to the terms hereof, which terms and conditions Petitioner expressly approves and which therefore do not constitute an imposition of additional terms and conditions within the meaning of C.R.S. Section 31-12-107(1)(g), no additional terms and conditions shall be imposed upon annexation of the Annexation Property to the City of Aspen. THEREFORE, Petitioner requests that the City Council of the City of Aspen, Colorado complete and approve the annexation of the Annexation Property, pursuant to the provisions of the Annexation Act. Respectfully submitted this LT_~ day of ~,q~,w~J , 2004. Signature of Landowner/Petitioner: Bar/X Ranch LLC, a Colorado limited liability company , Trustee of the Survivors Trust under the Zoline Family 1982 Trust its Managing Member Date of Signature: September z-z_, 2004 Mailing Address: c/o Herbert S. Klein, Esq., 201 North Mill Street, Suite 203, Aspen, CO 81611 Resident of the Annexation Property? NO 4 EXHIBIT A TO PETITION FOR ANNEXATION Legal Description of Annexation Property 459585.3 AE$CHW 09/21/4 12:35 pm A- 1 EXHIBIT B TO PETITION FOR ANNEXATION LEGAL DESCRIPTION BY OWNERSHIP BAR/X LLC *ADD LEGAL DESCRIPTION B-1 EXHIBIT C TO PETITION FOR ANNEXATION Affidavit of Circulator The undersigned, being of lawful age, who being first duly sworn upon oath deposes and says: That he was the circulator of the foregoing Petition for Annexation of lands to the City of Aspen, consisting of ~ pages, including this page, and that the Signature of Gary Finkel thereon was wimessed by the circulator and is the tree and original signature of the person whose name it purports to be, and that the date of sUch si ,gnamre is correct. CSrculator The foregoing AFFIDAVIT OF CIRCULATOR was sUbscribed and sworn to before me this day of September, 2004, by /-uo'~a~.. $,>,x~o Witness my hand and official seal. My commission expires: ,..T~/¥ /'7/"2,...00 Notary Public N 5ZOLINE\annex_petition__revhk2 - 92104_[ 1 ].wpd C-1 I