HomeMy WebLinkAboutcoa.lu.an.326 Midland Ave.1975-AN1
,"-"
./"'"',
64-0' crO. 5
J//b
~
-,
_",'._". !>o-
May 21, 1975
Colorado Department of LOcal Affairs
Division of Local Government
1550 Lincoln
Denver, Colorado 80203
Dear Sirs
Enclosed please find one certified copy of Ordinance #15, Series
of 1975, and a copy of the annexation map which was recorded
with the Pitkin County Clerk and Recorder in Book #4, Page #
518, reception # 174885.
If you have any questions, please call this office.
Sincerely
Kathryn S. Hauter
City Clerk
Enclosures
.,
"ll
."""
.~
CIT
PEN
box v
~
MEMORANDUM
DATE: April 1, 1975
TO: Kathy Hauter
FRo~ndra M. Stuller
RE: Aspenview Annexation
Dave Ellis has agreed that we should complete the
procedur~ for annexation according to the statutory require-
ments. Attached is the original of Ordinance No. 15. You
should now (within thirty days after the effective date of
Ordinance No. 15):
1. File one copy of the annexation map with
the original of the annexation ordinance in your
office.
2. File one certified copy of the annexing
ordinance and one copy of the annexation map
with the Division of Local Government of the
Colorado Department of Local Affairs.
3. File for recording one certified copy of
the annexation ordinance and one copy of the
annexation map with the pitkin County Clerk and
Recorder.
SS/pk
Attachments
cc: Dave Ellis
(3o&k~ 4
P~t 1F 578
;f:J-- 17+ 8<(:>
..-'
A. '.~'
.' .j~
::1"..'
..Gc "
,( ~',
:; (,rtl..<~
~ . i:V
)\1 .
tf'V
.E,Ecorc:1ec:1At 1:50 PM~y 29, 1975
Reception no
1752~~u1ieHarte
BOOK 299 PAGE 152
/",.
RECORD OF PROCEEDINGS
1 00 Leaves
"CIlIo!!O C. F. HOtCKEL 8. B. It L. (:~.
ORDINANCE NO. ~
(Series of 1975)
A.,.'\) ORDINANCE ANNEXING A TRACT OF LAND OWNED BY JOHN C.
GINN CONTAINING .1126 ACRES MORE OR LESS ; AND ANNEXING THE
SA.,.Vill PURSUANT TO THE PROVISIONS OF THE COLORADO MUNICIPAL
ANNEXATION ACT OF 1965
WHEREAS, there has been submitted a petition for
Annexation by John C. Ginn, which Petition has been accepted
by the City of Aspen pursuant to its Resolution 5, Series of
1975, and
WHEREAS, the matter has been further considered by
the City Council of the City of Aspen, and said body has
found that:
1. The signature on the Petition. represents the
owner of One Hundred (100%) Percent of the land included in
the t.ract to be annexed;
,
2. ;:Jot less than one-sixth (1/6th) of the perimeter
of the area to be annexed is contiguous to the City of Aspen;
3. The.re exists a community of interest between
the tract to be annexed and the City of Aspen, and the tract
to be annexed is urbanized and is integrated with the City of
Aspen;
4. The annexation will not affect the constitution
of any existent school district;
5. The Petition for Annexation satisfies the
.
statutory requirements of the Municipal Annexation Act of 1965
"
,
. '.:~:0,;; .,
^
~
.800K 29.9 r~{jt153
RECORD OF PROCEEDINGS
100 Leaves
1'0'1" 'e c, F. I!",':~E~ 6. 6. & ~. CO.
both as to substance and form, and the annexation of the tract
is appropriate at this time, and
VlliEREAS, Section 38-3-107, C.R.J. 1973 of the
Municipal Annexation Act provides that where a Petition for
Annexation is signed by the owners of One Hundred (100%) Per-
cent of the property proposed. to be annexed, .the City Council
may, by ordinance, annex w;Lthout notice and hearing, and with-
out election, and the City Council wishes to so proceed:
NOW, ~HEREFORE, BE IT ORDAINED BY THE CITY COUNCIL
OF THE CITY OF ASPEN, COLORADO:
Section 1
That the following described tract, situate in
Pitkin County, Co1orado,be and hereby is annexed to the City
of Aspen, ~o wit:
A parcel of land being part of Riverside Placer,
u.s.a.s. 3905 Amended, Sec. 18, TIOS, R84W of the 6th
P.rI.. Said parcel is more fully described as follows:
Beginning at a point from whence corner No.3, 99
Lode Claim (Brass Cap in Place) bears S.89046' E.
255.59 ft.; thence S.06023'E. 31.04 ft.; thence
N.85050' H. 209.84 ft.; thence N. 04054' ,I. 16.51 ft.;
thence S.89046' E. 207.24 ft. to the point of beginning.
Said parcel contains .1126 acres more or less.
Section 2
If any provision of this ordinance or the applic-
ation thereof to any person or circumstance is J:leld invalid,
;;,.
-2-
..-------------~.
~ .--....-"- -
.:i;;]fjf'
~
~
BOOK299 PAGE154
RECORD OF PROCEEDINGS
100 Leaves
'O~"l ~ c.!<. "~~:!{~l ~. e. & 1.. to.
such invalidity shall not affect other provisions or applic-
ations of the ordinance which can be given effect without
the invalid provisions or applications, and to this end the
provisions or applications of this ordinance are declared to
be severable.
Section 3
A public hearing on this ordinance shall be held
. ,
on the..?;! day of /7-:-)_,:,><- ,:--/:...j
;
1975, at 5 P.lI. in the
City Council Chambers, Aspen City Hall, Aspen, Colorado.
INTRODUCED, READ a~D ORDERED published as p~ovided
by law by the City Council of the City of Aspen, at its regular
<...---
meeting held /:r:l,c,,,- c/...: /(! , 1975.
ATTEST:
~' .--;:;
: ,/ -/ /~..-
./ . . v-~. .",-?
.. / /7 '_+-,-,.f>~
Stacy S andley III, Ma~r
V 6 /
J:! I
t,_. .._0' . '\ " . '_
. \._ (I:;';C/(.{/ ...<0>,..--) j"'t~ /(,-C/__,~.~>',,-,!
Kathryn H'auter
City Clerk
ADOPTED AND APPROVED ON:
';'"QF_"-~__Aj/) l-
I
,
1975.
/--:'" ..,
,/ , .,.,.-
.--,,/-1'//' _,~<-/ .//^/
,~.,::,---,<~-~~?,"._<~~:"<<"~_:-- ;/
S'tacy Standley III, yayor
,./ ~ /
I ,,(of/( <;I
I _,,_u /;
I I
:j
ATTEST:
:,...-/ . ,\' /
Ie d-c:7i.~ ft") Iki. ,;..-r2'l)
Kathryn Hauter
City Clerk
.~
/
FINALLY ADOPTED AND APPROVED AS}\r-1ENDED ON
l.-
Ih..
,'_~)I ,1975.
:~_.-
;
)7
~
/ :7
7'
7' ~~..,
..~..;. .
"'"'- , ~
ATTEST:
i.~/'kth< ) 4 !/a_,~bJ-J
K thryn .)lauter
City Clerk
Stacy S7ndley
III, !'.ayor
,,/,---.,.
'l;\.-.-I.,
C__-
r"\
~
BOOK299 PAGE155
STATE OF COLORADO
)
) ss
)
CERTIFICATE
COUNTY OF PITKIN
I, Kathryn S. Hauter, City Clerk of Aspen, Colorado,
do hereby certify t?at the above and foregoing ordinance was
introduced, read in full, and passed on ~
reading at a regular meeting of the City Council of the
City of Aspen on ~ 10
-
, 197~, and publish-
ed in the Aspen Times a weekly newspaper of general circul-
ation, published in the City
issue of ~.3: /3
of Aspen, Colorado, in its
/"t 7:'-
, 197~ and was finally adopted
and approved at a regular meeting of the City Council on.
~ 3/
~
, 197~, and ordered published as
Ordinance No. I ~~
.-
, Series of 197.5 , of said City, as
provided by law.
IN WITNESS WHEREOF, I have hereunto set my
hand and
y~
the seal of said City of Aspen; Colorado, this
day of
197 s--.
,
~,j JI~
Kathryn S. auter', City Clerk
..
f1
.~
.g -- ,,-
'i<;',
.",'
~
1'"""\.
PETITION FOR ANNEXATION
To the City Council of the City of Aspen, Colorado:
The undersigned hereby respectfully petitions the City
Council of the City of Aspen to annex to the City of Aspen the
territory shown on the map attached hereto and described as
follows, to wit:
(See Exhibit A attached hereto)
In support of this petition, the petitioner states,
represents and alleges, as follows:
1. That it is desirable and necessary that the above
described territory be annexed to the City of Aspen.
2. That the petitioner is a landowner of 100% of the
territory, herein proposed for annexation to the City of Aspen.
3. That not less than one-sixth of the aggregate ex-
ternal boundaries of the above described territory hereby
petitioned to be annexed to the City of Aspen is contiguous to
the city limits of the City of Aspen.
4. That a community of interest exists between the abov
described territory and that the same is urban, or will be urban-
ized in the near future, and further that the said territory is
integrated or is capable of being integrated into the City of
Aspen.
5. In establishing the boundaries of the above describe
territory, no land held in identical ownership, whether consistin
of one tract or parcel of real estate of two or more contiguous
tracts or parcels of real estate, has been divided into separate
parts or parcels.
6. That the above described territory does not include
any area which is the same or substantially the same area in
which an election for an annexation to the City of Aspen was held
within twelve months preceding the filing of this petition.
7. That the above described territory does not include
any area included in another annexation proceeding involving a
city other than the City of Aspen or the City of Aspen.
,l,
>,;-,
~
,-
,~\
8. That 4 copies of an annexation map setting forth
with reasonable certainty a written legal description of the
boundaries of the area proposed to be annexed, delineation of
the outer boundaries of the above described territory, the
portion of the boundary contiguous with the existing city limits
of the City of Aspen, and the dimensions of said contiguous
boundary, have been attached hereto and hereby constitute a part
of this petition.
9. The above described territory is not presently a
part of any incorporated city, city and county, or town.
WHEREFORE, the undersigned respectfully petitions to
the City Council of the City of Aspen to annex the above describe
territory to the City of Aspen in accordance with and pursuant to
the statutes of the State of Colorado.
Dated: February 5, 1975
Respectfully submitted,
Petitioner,
Countryside Associates
By
/
(?~
John C. Ginn
Attorney in Fact
Post Office Box 256
Aspen, Colorado 81611
- 2 -
r-
~,
~".-:,:~_........
CIT
aspen,
PEN
box v
. MEMORANDUM
TO: Aspen City Council
FROM: Planning Office
SUBJECT: Aspen View Annexation
DATE: February 24, 1975
The owners of the Aspen View Apartment Building, Countryside
Associates, have applied for subdivision and condominization of
the building. In order to initiate proper subdivision proceedings,
it is first necessary to have all of the land on which the building
sits annexed into the City. On January 20, 1963 the majority of
site was annexed to the City. On april 26, 1971 a small triangle
of land to the east was annexed so that the entire building was
within the City boundaries. This later annexation is referred to
as the Aspen Hills Annexation. Both of these annexations used
the southern boundary line of the Mascotte and "99" mining claims.
The subject property extends approximately 31 feet to the south of
this line on the eastern boundary, and 16 feet to the south on
the western boundary, containing .115 acres or 5,009 square feet.
There will be no additional density allowed by this annexation.
An attendant problem with this subdivision proposal is that currently
this is no frontage by the property on a public road. This annexation
will begin to resolve this problem by giving approximately 16 feet
,-"
,.-,.
.~.~- -
MEMORANDUM
Aspen City Council
Aspen View Annexation
February 24, 1975
Page Two
of frontage on Midland. While this is certainly not enough frontage
to satisfy the design requirements of the subdivision regulations,
it is a step towards resolving some of the problems in this area,
The Planning and Zoning Commission tabled the Preliminary Plat
Application at the applicants request until the City Council acted
on the annexation petition.
The Planning Office recommends acceptance of the petition and approval
of the annexation.
!""\
~
aspen ,c
PEN
box v
MEMORANDUM
DATE: February 11, 1975
TO: Members of City Council
FROM: Sandra M. Stuller
RE: Attached Petition for Annexation
Attached is a copy of a Petition for Annexation sub-
mitted on behalf of Countryside Associates to annex a strip
of land adjacent to the Aspen View Apartments. Annexation
was initiated so as to permit compliance with the subdivision
regulations so that the apartment house may be condominium-
ized (the process for which has been commenced before the
Planning & Zoning Commission). Annexation proceedings, you
will recall, must be completed before final subdivision
approval is given.
The petition is correctly submitted, and I will defer
to the City Engineer on the question of the sufficiency of the
annexation plat filed.
The Municipal Annexation Act provides that if the
petition is in substantial compliance with the statutory re-
quirements, you shall by resolution establish such compliance.
The requisite resolution is attached. You must then deter-
mine if you wish to proceed with the annexation. If so, a
motion directing the drafting of the required ordinance is
appropriate.
SS/pk