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HomeMy WebLinkAboutcoa.lu.an.Block 19.1988AN- ala /M Block 19 Annexation 0 fj ,/ Teti e I r T-- I i I I � I o� I _ yITQ 463.Z ;�- q /f. J ,3 1 t-s 75�e9'�r'E L - 2 Lc Co/- B/oc-,t /y Ci /y sz//-vey 1�I��Ika1t�q�o ,"LAr o c � 14 �OPOSED �4VIVE"T/ /0 1h 0 ci ry of P/Tim/N COUrt/Ty, COL O.eA00 6y Ioraffiy�ochS'hou� '511aa/ed i1,7 Z- of hereby cep-fr'fy fhaf fho �rec� shou�r� h�ieoii gyros or�r�2 red fo fhe Cify of <%so�`i, �'o/orodo by O�d��or�c c rl/� S'��ies of �964 9,�',vrovc�d 0r7 /he dfly TTEST,' Cify c/2r.�, /Y/oyor- /6, 065. Q Sq• rl — Soo. SrAr-c- OF- COGO,eA00 ) Covr>fr off' �4i-fi'e /o' -.r ss �e/er rj't. �Q/oyh, beiIV �z-/y s� o�� U,00� his oofh deaoses 4i�o' svys. Th�f h� is fhb s�rvcyor off' fb� feirifory ,a�oc�cised fo be �i»er'ed fo fhe Ci/r o,� �gs{�err Co%redo sho�r� ors Phis �nao, nrrd fhQr` fhe boor�daries fhe�of Qi�d fheir r� /c�/i©r� fo fhe esfab/is/�eo' corooc �fc; /ir�rifs 4s of /fr daf� fherc>o� arc co�r�cr� fo o,, his �S�ry2yor sub sore"hid alp f o belore in 2 /his ho'oy ©T �i74001 14,4119 19 64 CIT 13 as �r r kSPEN is street l o 81611 020 MEMORANDUM DATE: October 5, 1988 TO: City Council FROM: Fred Gannett, Staff Attorney RE: Block 19 Annexation In response to the forwarding correspondence from the City Clerk dated September 18, 1988, we have reviewed the above -referenced annexation petition in light of the requirements of the Colorado Municipal Annexation Act and find the following: I. ELIGIBILITY A. Section 31-12-107(1)(a) provides that the landowners of more than fifty percent of the area, including public streets and alleys, meeting the requirements of Sections 31-12-104 and 31-12- 105 may petition the governing body of any municipality for the annexation of such territory. B. Section 31-12-104 imposes the following eligibility requirements for annexation: 1. No less than one -sixth of the perimeter of the area to be annexed is contiguous with the City of Aspen as the annexing municipality. (The City Engineer has verified this requirement.) 2. That a community of interest exists between the area proposed to be annexed and the City of Aspen as the annexing municipality; that said area is urban, or will be urbanized in the near future; and that the area is integrated with or is capable of being integrated with the City of Aspen as the annexing municipality. The fact that the proposed area to be annexed has contiguity with the City provides a basis for a finding of compliance with the requirements unless the City Council, upon the basis of competent evidence presented at the hearing provided in Section 31-12-109, finds that at least two of the following are shown to exist: Memorandum Re: Block 19 Annexation October 5, 1988 Page 2 a. Less than fifty percent of the adult resi- dents of the area proposed to be annexed make use of part or all of the following types of facilities of the City: recreational, civic, social, religious, industrial or commercial; and less than twenty-five percent of the area's adult residents are employed in the City of Aspen. If there are no adult residents at the time of the hearing, this standard shall not apply. b. One-half or more of the land in the area proposed to be annexed (including streets) is agricultural, and that the landowners of the agricultural land, under oath, express the intention to devote the land to such agricultural use for a period of not less than five years. C. It is not physically practicable to extend the area proposed to be annexed those urban services which the annexing municipality provides in common to all the citizens on the same terms and conditions as such services are made available to such citizens. C. The fact that the property has contiguity with the City may establish a basis for a finding of compliance with the requirements of Section 31-12-104, as set forth below. D. Section 31-12-105 sets forth the following limitations: 1. In establishing the boundaries of any territory to be annexed, no land held in identical ownership, whether consist- ing of one tract or parcel of real estate or two or more con- tiguous tracts or parcels of real estate, shall be divided into separate tracts or parcels without the written consent of the landowners thereof unless such tracts or parcels are separated by a dedicated street, road or other public way. 2. In establishing the boundaries of any area proposed to be annexed, no land held in identical ownership, whether consisting of one tract or parcel of real estate or two or more contiguous tracts or parcels of real estate comprising twenty acres or more (which, together with the buildings and improvements situated thereon, has a valuation or assessment in excess of $200,000.00 for ad valorem tax purposes for the year next preceding the annexation) shall be included without the written consent of the landowners unless such tract of land is Memorandum Re: Block 19 Annexation October 5, 1988 Page 3 situated entirely within the outer boundaries of the City of Aspen as they exist at the time of annexation. 3. No annexation resolution or annexation petition shall be valid when the annexation proceedings have been com- menced for the annexation of all or part of the territory from another municipality. (We assume that this limitation is inapplicable, since annexation proceedings have not been com- menced for all or part of that territory to another munici- pality.) 4. As to any annexation which will result in the detachment of an area from any school district or from the attachment of the same to another school district, the annexation petition is not valid unless accompanied by a resolution of the board of director of such school district to which such area will be attached providing such annexation. (The proposed annexation will not result in the detachment of any area from any existing school district.) II. FILING WITH THE CITY CLERK A. Section 31-12-107(1)(b) requires that the petition shall be filed with the municipal clerk. (This requirement has been met.) III. CONTENTS OF THE PETITION A. Section 31-12-107(1)(c) provides that the petition must contain the following: 1. An allegation that it is desirable and necessary that such area be annexed to the City. (This requirement has been met.) 2. An allegation that the requirements of Sections 31-12-104 and 31-12-105 as outlined above exist or have been met. (This requirement has been met.) 3. An allegation that the signers of the petition comprise the landowners of more than fifty percent of the territory included in the area proposed to be annexed inclusive of streets and alleys. (The petition contains an allegation that Memorandum Re: Block 19 Annexation October 5, 1988 Page 4 the petitioners comprise one hundred percent of the area proposed to be annexed. The City Clerk has verified this requirement.) 4. A request that the City approve the annexation of the area to be annexed. (This requirement has been met.) 5. The signatures of such landowners. (The City Clerk has verified this requirement.) 6. The mailing of each such signer. (This require- ment has been substantially met.) 7. The legal description of the land owned by each signer. (The City Engineer has verified this requirement.) 8. The date of signing each signature. (This requirement has been met.) 9. An affidavit of each circulator of such petition, whether consisting of one or more sheets, that each signature therein is the signature of the person whose name it purports to be. (This requirements has been met.) IV. ANNEXATION MAP REQUIREMENTS A. Section 31-12-107(d) provides that accompanying the petitions shall be four copies of the annexation map containing the following information: 1. A written legal description of the boundaries of the area proposed to be annexed. 2. A map showing the boundary of the area proposed to be annexed. 3. Within the annexation boundary map a showing of the location of each ownership tract of unplatted land and, if all or part of the area is platted, the boundaries and the plat numbers of all plats or lots and blocks. 4. Next to the boundary of area proposed to be annexed, a drawing of the contiguous boundary of the annexing municipality and the contiguous boundary of any other munici- pality abutting the area proposed to be annexed. (The Engineer- Memorandum Re: Block 19 Annexation October 5, 1988 Page 5 ing Department has verified and confirmed that the annexation map requirements have been met.) V. PROCEDURE TO APPROVING THE PETITION A. Section 31-12-107(1)(f) provides that the City Clerk shall refer the petition to City Council as a communication. The City Council, without undue delay, shall take the appropriate steps to determine if the petition is substantially in compliance with the requirements outlined in Section 31-12-107(1) (that is, the requirements discussed in Paragraph I through IV above). B. If the petition is found to be in substantial compliance with Section 31-12-107(1), the procedures outlined in Sections 31-12-108 through 31-12-110 shall be followed. (These sections pertain to the holding of a public hearing.) If the petition is not in substantial compliance, no further action shall be taken; except that the governing body shall make such determination by resolution. A change in the annexation laws in 1987 require that City Council conduct a hearing on the petition, even when such petition has been signed by one hundred percent of the property owners in the area proposed for annexation. C. If the City land is encompassed by the annexing area, we recommend that the City join as a signatory to the petition, as evidenced by resolution of the City Council author- izing the Mayor to sign the petition on behalf of the City. D. With regard to the notice and hearing requirements we refer to our previous memoranda circulated with regard to annexations. E. In 1987, the State legislature amended the annexation requirements, to require that the City Clerk provide notice to the Board of County Commissioners, the County Attorney and any special district having territory within the area to be annexed. That notice must be mailed at least twenty-five days to each of the above -mentioned parties prior to the date of hearing. (By this memorandum we request that the City Clerk notify the Board of County Commissioners, the County Attorney and any special district, having territory in the proposed area for annexation; believed to be the Hospital District, the Fire District, the School District.) This notice should include a copy of the published notice, together with a copy of the Memorandum Re: Block 19 Annexation October 5, 1988 Page 6 resolution that the petition is filed, and shall be sent by registered mail. F. The State legislature further imposed an annexa- tion impact report on the annexing municipality. That annexa- tion impact report shall be prepared at least twenty-five days before the date of the hearing established pursuant to Section 31-12-108. One copy shall be filed with the Board of County Commissioners governing the area proposed to be annexed within five days thereafter. Such report shall not be required for annexations of ten acres or less or when the municipality and the Board of County Commissioners governing the area proposed to be annexed to agree that the report may be waived. (The City Engineer has determined that the area proposed for annexation is less than ten acres and that an impact report is not required.)_ VI. INITIATION OF ZONING AND SUBDIVISION PROCEEDINGS Section 31-12-115 permits the City, as the annexing munici- pality, to institute the procedure outlined in the State statutes or the municipal charter to make the land subject to zoning and, also, allows the City to institute the procedure outlined in the subdivision regulations to subdivide the land in the area proposed to be annexed at any time after the resolution of intent to annex. If either the zoning process or subdivision process is commenced prior to the date of the annexation ordinance, the proposing zoning and subdivision ordinances shall not be passed for final reading prior to the date the annexation ordinance is passed on final reading. Any area annexed is required to be brought under the zoning ordinance and map of the City within ninety days after the effective date of the annexation ordinance. During such ninety -day period, or such portion thereof required to comply with the ninety -day requirement, the City may refuse to issue any building or occupancy permit for any portion or all of the newly annexed area. VII. ADDITIONAL CONCERNS A. We have traditionally advised and it continues to be our recommendation that any and all water rights appurtenant to the subject area be deeded to the City as a prerequisite to annexation. If the applicant and/or landowners of 100% of the property to be annexed voluntarily offer to deed such rights to the City, we do not believe the City's requirement in this regard would constitute an additional term and condition requiring the Memorandum Re: Block 19 Annexation October 5, 1988 Page 7 necessity of an annexation election. (The area proposed for annexation does not include appurtenant water rights.) B. We suggest that the City Engineer and Planning Office review the proposed area to be annexed with regard to street rights -of -way and ownership, etc. VIII. SUMMARIZATION A. The following is a summarization of decisions to be made by City Council: 1. Is the annexation petition "in substantial compliance" with Section 31-12-107(1). It is my opinion that the annexation petition is in substantial compliance. 2. Determine whether or not the requirements of Sections 31-12-104 and 31-12-105 have been met: a. Is at least one -sixth of the perimeter of the area proposed to be annexed contiguous to the City? (The City Engineer should verify that this requirements has been met.) b. That a community of interest exists between the area proposed to be annexed and the annexing munici- pality; that the proposed area is urban or will be urbanized in the future; that the area is integrated or capable of being integrated with the annexing municipality. The fact that the area to be annexed has contiguity with the City provides a basis for a finding of compliance with these requirements. C. Determine whether or not the limitations prescribed by Section 31-12-105 shall preclude annexation. (The limitations do not pertain to this annexation petition.) d. The City Council is undecided as to whether or not the requirements of Sections 31-12-104 and 31-12- 105 have been met and/or whether additional terms and conditions should be imposed in the annexation, the City Council shall conduct a hearing in accordance with the requirements of Sections 31-12-108 through 31-12-110. e. If additional terms and conditions are Memorandum Re: Block 19 Annexation October 5, 1988 Page 8 to be imposed, City Council shall require an annexation election pursuant to Section 31-12-112. f. If the City Council determines that the requirements of Sections 31-12-104 and 31-12-105 and additional terms and conditions are not to be imposed necessitating an annexation election, pass the resolution of intent to annex including direction to initiate appropriate subdivision and zoning procedures with regard to the area, followed by ordinances annexing and zoning the area. As always please feel free to call if you have any questions concerning this matter. FWG/mc cc: City Manager Assistant City Manager Planning Director City Engineer City Clerk Finance Department •SENDER: Complete items 1 and 2 when additional services are desired, and complete items 3 and 4. Put your address in the "RETURN TO" Space on the reverse side. Failure to do this will prevent this card from being returned to you. The return receipt fee will provide you the name of the person delivered to and the date of delivery. For additional fees the following services are available. Consult postmaster for fees and check box(es) for additional service(s) requested. 1. ❑ Show to whom delivered, date, and addressee's address. 2. ❑ Restricted Delivery I(Ex tra charge)i t (Extra charge)t 3. Article Addressed to: 4. Article Number Type of Service: �Lliegistered El insured Certified ❑ COD �14- t n ❑ Express Mail Always obtain sign re o or agent and DAT D IVERED. 5. Signature — Address 8. Addressee's A s z requested and p O� gnature — Agent X 7. Date of Delivery PS Form 3811, Mar. 1987 * U.S.G.P.O. 1987-178-268 DOMESTIC RETURN RECEIPT UNITED STATES POSTAL SERVICE OFFICIAL BUSINESS SENDER INSTRUCTIONS Print your name, address, and ZIP Code in the space below. • Complete items 1, 2, 3, and 4 on the reverse. • Attach to front of article if space permits, otherwise affix to back of article. • Endorse article "Return Receipt Requested" adjacent to number. RETURN TO 4 U.S.MAIL �m PENALTY FOR PRIVATE USE, $300 *SENDER: Complete items 1 and 2 when additional services are desired, and complete items 3 and 4. Put your address in the "RETURN TO" Space on the reverse side. Failure to do this will prevent this card from being returned to you. The return receipt fee will provide you the name of the person delivered to and the date of delivery. For additional fees the following services are available. Consult postmaster for fees and check box (es) for additional service(s) requested. 1. ❑ Show to whom delivered, date, and addressee's address. 2. ❑ Restricted Delivery t (Extra charge)t t (Extra charge)1 3. Article Addressed to: 4. AAticle Number - - L,)() - 3�5 5U� �8A�� Type of Service: egistered ❑ Insured s ❑COD ❑ Express Mail Alweysobtain signature of addressee I ,a ent and QATE DELIVERED. 5. Signature — Addressee X �r AAddres e's Address (ONLY if gIeste ndfee paid) Vf �►- `�Q 6. Signature — Agent X C c '✓ � L 7. Date of Deli ry PS Form 3811, Mar. 1987 ♦ U.S.G.P.O. 1987-178-268 DOMESTIC RETURN RECEIPT UNITED STATES POSTAL SERVICE OFFICIAL BUSINESS SENDER INSTRUCTIONS Print your name, address, and ZIP Code in the space below. • Complete items 1, 2, 3, and 4 on the reverse. • Attach to front of article if space permits, otherwise affix to back of article. • Endorse article "Return Receipt Requested" adjacent to number. RETURN Pri Sen TO 7/-, I PENALTY FOR PRIVATE USE, $300 name, address,, and ZIP Code in the spac below. r� /, . 7.i ., , iiiia, *SENDER: Complete items 1 and 2 when additional services are desired, and complete items 3 and 4. Put your address in the "RETURN TO" Space on the reverse side. Failure to do this will prevent this card from being returned to you. The return receipt fee will provide you the name of the person delivered to and the date of delivery. For additional fees the following services are available. Consult postmaster for fees and check box(es) for additional service(s) requested. 1. ❑ Show to whom delivered, date, and addressee's address. 2. ❑ Restricted Delivery t (Extra charge)t t (Extra charge)t 3. Article Addressed to: 4. Article Number Type of Service: Q Registered ❑ Insured Certified ❑COD 0❑Express Mail Always obtain signature of addressee (� *.ignature or agent and DATE DELIVERED. — Addressee 8. Addressee's Address (ONL Y if X requested and fee paid) 6. Signature — A n X 7. to ) I PS Form 3811, Isar. 1987 + U.S.G.P.O. 1987.17&268 DOMESTIC RETURN RECEIPT �t UNITED STATES POSTAL SERV CI=✓ 0, OCi l4 OFFICIAL BUSINESS ; �M SENDER INSTRUCTIONS S� Print your name, address, and Z I F Code in the space below. • Complete items 1, 2, 3, and 4 on the reverse. • Attach to front of article if space permits, otherwise affix to back of article. • Endorse article "Return Receipt Requested" adjacent to number. U.(t PENALTY FOR PRIVATE USE, $300 RETURN Prirtnder's name, address, an IP Code in the space ow. TO % /? _ / , •SENDER: Complete items 1 and 2 when additional services are desired, and complete items 3 and 4. Put your address in the "RETURN TO" Space on the reverse side. Failure to do this will prevent this card from being returned to you. The return receipt fee will provide you the name of the person delivered to and the date of delivery. For additional fees the following services are available. Consult postmaster for fees and check box(es) for additional service(s) requested. 1. ❑ Show to whom delivered, date, and addressee's address. 2. ❑ Restricted Delivery f (Extra charge) f f (Extra charge) f 3. Article Addressed to: 4. #fticle Number �pe of Service: v�i�Registered El Insured � l6 Certified ElCOD 64�" ❑ Express Mail / Always obtain signature of addressee or agent and DATE DELIVERED. 5. ignature — Addressee 8. Addressee's Address (O:'VLY if X requested and fee paid) 6. Signature Ag t X / �- 7. D to f Qedi r PS orm 11, ar. P987 U.S.G.P.O. 1987.178-268 DOMESTIC RETURN RECEIPT UNITED STATES POSTAL SERVICE + 41 n ;^ OFFICIAL BUSINESS SENDER INSTRUCTIONSi; T {4r Print your name, address, and %ZIP 11 .4 Code in the space below. % �b8 • Complete items 1, 2, 3, and 4' R ti the reverse. • Attach to front of article if space permits, otherwise affix to back of article. • Endorse article "Return Receipt Requested" adjacent to number. RETURN Print Sender's name, TO A I i U g PENALTY FOR PRIVATE USE, $300 and ZIP Code in the space below. *SENDER: Complete items 1 and 2 when additional services are desired, and complete items 3 and 4. Put your address in the "RETURN TO" Space on the reverse side. Failure to do this will prevent this card from being returned to you. The return receipt fee will provide you the name of the person delivered to and the date of deliverv. For additional fees the following services are available. Consult postmaster for fees and check box(es) for additional service(s) requested. 1. ❑ Show to whom delivered, date, and addressee's address. 2. ❑ Restricted Delivery f (Extra charge) t t (Extra charge) t 3. Article Addressed to: 4. Article Number Type of Service: egistered ❑ Insured s❑COD Express Mail MV Always obtain signature of addressee 45.1gnature or agent and DATE DELIVERED. — Addressee 8. Addressee's Address (O,VLY if X requested and fee paid) 6. Signature — A X yy 7. Date of Deliv ry r 1ITT, ro rVlnl JV 11I m— i. U.a.a.r.v. ivaf-Ira-coo vulvICJ 11%, nC Iunly nCVC1rI TED STATES POSTAL SERVICE OFFICIAL BUSINESS Print your name, address, and ZIP Code in the space below. • Complete items 1, 2, 3, and 4 on the reverse. • Attach to front of article if space permits, otherwise affix to back of article. • Endorse article "Return Receipt Requested" adjacent to number. RETURN Pri Sender's name, TO W -4* U.S.MAIL PENALTY FOR PRIVATE USE, $300 and ZIP Code in the pace below. VIA EXHIBIT "A" The legal description of the area to be annexed is as follows: A tract of land situated in the SE4 of Section 12, Township 10 South, Range 85 West of the 6th P.M., Pitkin County, State of Colorado. Said tract of land consisting of portions of "Lot 15" and "Lot 16" in Section 12, Township 10 South, Range 85 West of the 6th Principal Meridian (as shown on the Bureau of Land Mana- gement Plat of the Dependent Resurvey and Survey for Township 10 South, Range 85 West of the Sixth Principal Meridian, Colorado, approved February 14, 1980, and recorded December 8, 1986, in Pitkin County Records in Book 524 at Page 552); a portion of the HOMESTAKE Lode Mining Claim United States Mineral Survey No. 4211; and a portion of the MARY B NO. 2 Lode Mining Claim United States Mineral Survey No. 19640, said tract of land being more fully des- cribed as follows: Beginning at the point of intersection of the East line of South Seventh Street extended of the City of Aspen and the South line of the alley in Block 19 extended westerly, from whence the North- west Corrfer of Block 19, City of Aspen, bears N.14050'49"E., a distance of 12.1.01 feet; thence S.1405014911W., along the East line of South Seventh Street extended, a distance of 100.00 .feet to a. point on the North line of West Hopkins Avenue of the City of Aspen extended westerly; thence S.75009'11"E., along the westerly extension of the North line of West Hopkins Avenue a distance of 120.00 feet; thence N.14050'49"E., along the West line of Lot 0 in said Block 19 and the southerly extension thereof, a distance of 100.00 feet; thence N.75009111"W., along the South line of the alley in said Block 19 and the westerly extension thereof, a distance of 120.00 feet to the Point of Beginning. EXCEPTING THEREFROM Lots K, L, M and N, Block 19, CITY OF ASPEN. PETITION FOR ANNEXATION OF TE:RiITORY TO THE CITY OF ASPEN #',E #•i�•'.F###dE##.F##•;F####-:F#•S',•##lF##9E###�:-###�••�•# itiE############•k•#### ("BLOC \ 19 A;4NEXAT ION") In accordance with the provisions of the "Municipal Annexation Act of 1965" 31-12-1.01 cat- seq. C.R.S., 1986 Repl.Vol_ and 31-12301 et seq. C.R.S., 1986 Repl.Vol., 1.987 Cum.Supp. We, the undersigned, being the landowners of more than fifty percent of the area, excluding pi-iblic streets and alleys, meeting the re- quirernents of Sections 31-1.2-104 and 31-12-105 C.R.S., 1986 Repl.Vol., herewith petition the City Council of the City of Aspen, Colorado, for the annexation of such territory and allege as follows: 1. It is desireabl-.e and necessary that the area hereinafter described be annexed to the City of Aspen. II. The requirements of Section 31-12-104 and 31-.12-105, C.R.S. 1986 Repl.Vol., 1987 Cum.Supp., exist or have been met. III. The signers of the petition comprise the landowners of more than fifty percent of the territory included in the area proposed to be annexed, exclusive of streets and alleys. ITT. The legal description of the area to be annexed is as per attached Exhibit "A". Accompanying this petition are four (4) copies of an annexation map in compl4.ance with .31-12-107 (1) (d) C.R.S. 1986 Re �l.Vol. The Undersinged landowners herewith request thixt they City of A pen :approve the annexation of the area proposed to }-)c annexed. /I I i V R P . 0. Zx 7 Asper., Co 81612 Date signeri______9_ 7'll.-- The legal description of the lard owned by above signer is contained in Exhibit "C" attached hereto. J45, Dato signed: ETER LORIEP,Lincoln Avenue, Apt. 5-R yn )�and, -!'yY. �)06- By: . ALLEN, as Attorney -in -Fact for James Peter Lorie.r The legal description of the land owned by above signer is contained .in Exhibit "W' Artac>h d ho.rot a. A�-FJ�AX4T*OF*�4R# U�AJOR STATE OF COLORADO > 1 S SS, COUNTY OF PITKIN S THE UNDERSIGNED, BEING DULY SWORN, DEPOSES AND STATES AS FOLLOWS: 1, I AM OVER 21 YEARS OF AGE; Z. I AM THE CIRCULATOR OF THE FOREGOING PETITION FOR ANNEXATION; 3. EACH SIGNATURE THEREIN IS THE SIGNATURE OF THE PERSON WHOSE NAME IT PURPORTS TO BE. 't ooeo 7 ' f e SUBSCRIBED AND SWORN TO BEFORE ME THIS —?�-4DAY OF SEPTEMBER, 1988. WITNESS MY HAND AND OFFICIAL SEAL. y Commission expires: i NOTARY PUBLIC HANS R. GRAMIGER BOX 67 ASPEN, COLO., U.S.A. Ms. Kathryn Koch, City Hall 130 So. Galena St. Aspen, CO 81611 TEL. 925-7267 (AREA CODE 303) Monday, September 12, 1988. Clerk of the City of Aspen Re: "BLOCK 1.9 ANNEXATION PETITION". Dear Kathy In accordance with Section 31-12-107 (1) (b) I am filing herewith with you a complete and proper Petition for Annex- ation headed "Block 19 Annexation" which .is signed by the owners of one hundred percent (1.00%) of the area proposed to be annexed. The Petition consists of the properly signed front page with attached pages Exhibit "A", "B" and "C" and as the fourth page the "Affidavit of Circulator". Also attached to the Petition are four (4) copies of the ANNEXATION MAP which is signed off by registered Colorado Land Surveyor, Mr. David Mc Bride, a/d/a "Aspen Survey Engineers, Inc.". The easternmost portion of the south -half of Block 19, City of Aspen (consisting of Lots "Q", "R" and "S" has already been. annexed in connection with the "700 W. Hopkins Condo- miniums" (Annexation map therefor recorded in Book 4, at Page 522 of the Pitkin County records). I was hoping that I could have brought into the annexation process also the owners of the "SK.ANDIA TOWNHOUSES CONDOMINIUMS" (sitated on Lots "O" and "P") but this was unfortunately not possible at this point in time, mostly because of the fact that we are dealing with three absentee owners in addition to the two unit owners who do reside here. However, I am confident that T will be able to convince the five Skandia unit owners to partake in an annexation petition in the very near future. This is a routine petition and should hopefully be presented to the City Council with a properly drafted Resolution and/or Ordi- nance approving it. It should be treated by staff as more of a housecleaning matter that falls within C.R.S. 31-12-111. Sin rely, 9 H RG : se s R. am i g r w -»" ENCLOSURES MENTIONED.` HANS R. GRAMIGER BOX 67 ASPEN, COLO., U.S.A. TEL. 925-7267 (AREA CODE 303) -- - - - Monday, September 12, 1988. Messrs. Ronald L. Mitchell, Deputy City Manager City of Aspen, Colorado and Frederick W. Gannett, Esq., City Attorney City of Aspen, Colorado Re: "BLOCK 19 ANNEXATION PETITION". Dear Ron and dear Fred I am enclosing herewith a copy of my letter to City Clerk, Ms. Kathryn Koch, wherewith I filed the above captioned Annexation Petition. Also enclosed is a photocopy of the petition and an extra annexation map for your ready convenience. Please expedite this "routine" annexation petition which can ea-si.ly be annexed by ordincance under C.R.S. 31-12-111. I will t-eciprocate by bringing in an annexation petition from the five owners of the "SKANDIA TOWNHOUSE CONDOMINIUMS" in the very near future (adjoining property to the east on .lots "O" & "P") . HRG:se Enclosures mentioned. EXHIBIT "B" The legal description of the area to be annexed owned by Petitioner James Peter Lorier is as follows: A parcel of land lying and being situated in the SE4 of Section 12, Township 10 South, Range 85 West of the 6th P.M., Pitk.in County, State of Colorado, consisiting of a portion of "LOT 16" (as shown on the Bureau of Land Management Plat of the Dependent Resurvey and Survey for Township 10 South, Range 85 West of the Sixth Principal Meridian, Colorado, approved February 14, 1980, and recorded December 8, 1986, in Pitkin County Records in Book 524 at Page 552); a portion of the HOMESTAKE PATENTED MINING CLAIM U.S.M.S. NO. 4211 and aportion of the MARY B. NO. 2 Lode Mining Claim U.S.M.S. No. 19640, and being more fully described as follows: Beginning at the Northwest Corner of Lot M, Block 19, City of Aspen; thence S.14050'49"W. along the West line and the southerly exten- sion thereof of Lot M, Block 19, City of Aspen, a distance of 1.00.00 feet to a point on the westerly extension of the North line of West Hopkins Avenue of the City of Aspen; thence S.75009'11"E., along the westerly extension of the North line of West Hopkins Avenue of the City of. Aspen, a distance of 60.00 feet; thence N.1.4050149"E. along the East line and the southerly exten- sion thereof of Lot N, City of Aspen, a distance of 1_00.00 feet; thence N. 75009'11"W. along the South line of the alley in Block 19 City of Aspen, a distance of 60.00 .feet to the Point of Beginning. EXCEPTING THEREFROM Lots M and N, Block 19, CITY OF ASPEN. EXHIBIT "C" The legal description of the area to be annexed owned by Petitioner Hans R. Gramiger is as follows: A parcel_ of land lying and being situated in the SE; of Section 12, Township 10 South, Range 85 West of the 6th P.M., Pitkin County, State of Colorado, consisting of a portion of "LOT 15" (as shown on the Bureau of Land Management Plat of the Dependent Resurvey and Survey for Township 10 South, Range 85 West of the Sixth Principal Meridian, Colorado, approved February 14, 1980, and recorded December 8, 1986, in Pitki.n County Records in Book 524 at Page 552) and a portion of the HOMESTAKE PATENTED MINING CLAIM U.S.M.S. NO. 4211; and being more fully described as follows: Beginning at the point of intersection of the East line of. South Seventh Street extended of the City of Aspen and the South line lire of the alley in Block 19 extended westerly, from whence the Northwest Corner of Block 19, City of Aspen, bears N.1405o'49"E., a distance of 121.01 feet; thence S.14050'49"W., along the East line of South Seventh Street extended, a distance of 100.00 feet to a point on the North line of West Hopkins Avenue of the City of Aspen extended westerly; thence S.75009'11"E., along the westerly extension of the North line of West Hopkins Avenue, a distance of 60.00 feet; thence N.14050'49"E. along the East line of Lot L in said Block 19 and the southerly extension thereof, a distance of 100.00 feet; thence N.75009111"W., along the South line of the alley in said Block 19 and the westerly extension thereof, a distance of 60.00 feet to the Point of Beginning. EXCEPTIING THEREFROM Lots K and L, Block 19, CITY OF ASPEN. HANS R. GRAMIGER Box 67 ASPEN, COLO., U.S.A. October 3, 1988 HAND DELIVERED ************** Mr. Ronald L. Mitchell, Deputy City Manager City of Aspen Court House Plaza Building, Third Floor 530 E. Main Street Aspen, CO 81611 Re: ""BLOCK 19 ANNEXATION PETITION". Dear Ron : TEL. 925-7267 (AREA CODE 303) In order to farther streamline the above referenced matter which is scheduled for the regular City Council meeting of October 10, 1988, I am furnishing you herewith with three (3) original (24" x 36") mylar "Annexation Maps". Please have the Mayor and City Clerk execute all three originals, as follows: (1) first original for recording at the Clerk & Recorder's office for Pitkin County; (2) second original goes as a courtesy copy to the City of Aspen Engineering Department; (3) third original is for the applicants (please advise and I will pick it up) . Since ely, HRG:se ra /ger ENCLOSURE MENTIONED, copies to: Mr. Frederick W. Gannett, Esq., City Attorney Ms. Kathryn Koch, Clerk of the City of Aspen Mr. Chuck Roth, Assistant City Engineer In 573 w41 ib-t QUIT -CLAIM DEID—The C. F. Iloeckel Blank Book h Litho. Co., Denver„ Colo. UV11t l BrOp Made this 31 St day of August in the year of our Lord one thousand nine hundred and eighty eight between Recorded at 0- o'�lo HAN S R , GRAM I G ER R„c$$ep((tiio%/n No (�`(t� Tv of the — — — — — — County of P i t k i n and State of Cbib}ff DAVtIA 6iNt.�t,`1� N1 1 RI JAMES PETER LORIER of the — — — — — County of Richmond and State of P;gfgA�,0otriiie second part, Wltnesseth, That the said party of the first part, for and in consideration of the sum of — — — TEN DOLLARS AND OTHER GOOD AND VALUABLE CONSLDERATION 3tjmy'HW, to the said party of the first part in hand paid by the said party of the second part, the receipt whereof is hereby confessed and acknowledged, has remised, released, sold, conveyed and Quit -Claimed, and by theme presents does remise, release, sell, convey and Quit -Claim unto the said part y of the second part, his heirs and assigns, forever, all the right, title, interest, claim and demand which the said part y of the first part he S in and to the following described tract of land situate, lying and being in the — — — — __qAA_ — County of P I T K I N and State of Colorado, to -wit: A tract of land lying and being situated in the SE4 of Section 12, Township 10 South, Range 85 West of the 6th P.M., Pitkin County, State of Colorado, consisting of Lots M and N, Block 19, City of Aspen; and.a portion of "LOT 16" (as shown on the Bureau of Land Management Plat of the Dependent Resurvey and Survey for Township 10 South, Range 85 West of the Sixth Principal Meridian, Colorado, approved February 14, 1980, and recorded December 8, 1986, in Pit - kin County Records in Book 524 at Page 552); and a portion of the Homestake patented Mining Claim U.S.M.S. No. 4211; and a portion of the Mary B. No. 2 Lode Mining Claim, U.S.M.S. No. 19640; con- taining 6,000 sq.ft. and being more fully described as follows: BEGINNING at the Northwest Corner of Lot M, Block 19, City of Aspen; Thence S.14050'49"W. along the West line and the southerly extension thereof of Lot M, Block 19, City of Aspen, a distance of 100-00 feet to a point on the westerly extension of the North line of West Hop- kins Avenue of the City of Aspen; Thence S.75009'11"E. along the westerly extension of the North line of West Hopkins Avenue of the City of Aspen, a distance of 60.00 fee Thence N.14050'49"E. along the East line and the southerly extension thereof of Lot N, Block 19, City of Aspen, a distance of 100.00 feet; Thence N.75909'11"W. along the South line of the alley in Block 19, City of Aspen, a distance of 60.00 feet, TO THE POINT OF BEGINNING. To Have and to Hold the Same, Together with all and singular the appurtenances and privileges thereunto belonging or in anywise thereunto appertaining, and all the est.nte, right, title, interest and claim whatsoever of the said party of the first part., either in law or equity, to the only proper use, benefit and behoof of the said part' of the second part, h i S heirs and assigns, forever. In Witness Whereof, The said party of the first part ha S hereunto set his hand ;and seal the day and year first above written. Signed,_&Al-g.�Lagd-Delivered in Presence of f .. .. ... .. ...... (SEAL) STATE DCCIii,`•:rti',',F"' ANS R. G .................... .............._.......(SEA ) ..................... .......f �...5183 i........................................................................ ....(SEAL) ........ ........... ........ . ..... _.. (SEAL) STATE OF COLORADO, coon of Pi tkin °8 • `w ..--y a. L .,� t7 The foregoing instrument was y ; .0 " 'L acknowledged before me this 3� s day of Auc# us t , 19 88. rf � U ;. �' by' HANS R. GRAMIGER L f - Witness my hand and official seal. •� My commission expires / ZQ—Q� •"• -ce--- UBLIC. *If acting in official or representative capacity, insert name and also office or capacity and for whom acting. q/,; DER File4 tot record the ............... ........... (lay of__-._ V.......................... _..., A. D. 19.....___, DEPUTY, soox 573 PmA QUIT -CLAIM DEED —The C. F. lfoeckel Blank Book h Litho. Co., Denver„ Colo. edits Drrh p blade this 31 s t day of August S t Lord one lhousanA nine hand-- d atul nighty eight between in the )car of our Recorded at 0: o'c ock� JAMES PETER LORIER R cepti`on No � of the — — — — — — County of Richmond and State of Ilx fi� pl SKIN IC�UN� HANS R. GRAMIGER of the — — — — — County of P i t k i n and State of Colorado, of the second part, Witnesseth, That the said party of the first part., for and in consideration of the sum of TEN DOLLARS AND OTHER GOOD AND VALUABLE CONSIDERATION X;,rXxm" to the said part y of the first part in hand paid by the said party of the second part, the receipt whereof is hereby confessed and acknowledged, haS remised, released, sold, conveyed and Quit -Claimed, and by these prevents does remise, rcleage, sell, convey and Quit -Claim unto the said party of the second part, h i S heirs and assigns, forever, all the right, title, interest, claim and demand which the said part y of the first, part ha S in and to the following described tract of land situate, 1} ins and being in the — — — — — — County of P I T K I N and State of Colorado, to -wit: A parcel of land lying and being situated in Section 12, Township 10 South, Range 85 West of the 6th P.M., Pitkin County, State of Colorado, consisting of Lots K and L, Block 19, City of Aspen; and a portion of "LOT 15" (as shown on the i;Ureau of Land Management Plat of the Dependent Resurvey and Survey for Township 10 South, Range 85 West of the Sixth Principal Meridian, Colorado, approved February 14, 1980, and recorded December 8, 1986, in Pitkin County Records in'Book 524 at Page 552); and a portion of the HOMESTAKE PATENTED MINING CLAIM U.S.M.-S. NO. 47.11; containing 6000 sq.ft, and being more fully described as follows; Beginning at the point of intersection of the east line of Sol.ith Seventh Street extended of the City of Aspen and the south line of the alley in Block 19 extended westerly from whence the North- west Corner of Block 19, City of Aspen, bears N.14050149"E., a distance of 121.01 feet, Thence S.14050149"W. along the east line of South Seventh Street extended a distance of 10o.00 feet to.a point on the north line of West Hopkins Avenue of the City of Aspen extended westerly; Thence 8.75009'11"E. along the westerly extension of the north line of West Hopkins Avenue extended a'distance of 60.00 feet; Thence N.1405014911E. along the east line and the southerly ex- tension thereof of Lot L, Block 19, City of Aspen; a distance of 100.00 feet; Thence N.75009'11"W, along the south line and the westerly exten- sion thereof of the alley in Block 19, City of Aspen, a distance of 60.00 feet, TO THE POINT OF BEGINNING. To Have and to Hold the Same, Together with all and singular the appurtenances and privileges thereunto 1-longing or in anywise thereunto appertaining, and all the estate, right, title, interest and claim whatsoever of the said part y of the first part, either in law or equity, to the only proper use, benefit and behoof of the said party of the scr n d part, h i S heirs and assigns, forever. In Witness Whereof, The said part, y of the first part has hereunto set h i S hand and seal the day and year first above written. I Signed, Sealed and Dclivcrffl in Presence of /.- (�� �. %J i Ali _.__. �.�.'r. .................................................... JAMES PETER LORIER (`E:�L) STATE G��t�':��;�a; `;ity' •...+. —�.._.�... .......... ........... .............................. (SEAL) r^� I 5 IJW ..... . .. ............................. .................... ..... (SEAL) STATE OF M7f*#Q" (� CountQ } acknowledged before me this g try• JAMES PETER LORIER. Witness my hand and official seal. Illy commission crpires The foregoing instmrnent was day of Q� 8 8 . NJ1arY 1-'u1M r„ Stale M NeN Yprf No. 21-0,C1e662Z56 Commru n Expires Ju eo23' 1a O �d T I •1f atflog in official or rcprceen tative capacity, insert name and AtoffiNOTARce or capacity and for whom acting. IUSLIC. � Filed for record the ............... _........... day 01.................... ........ A. 1). 19..at._.._�.._...o'clock........M. ............ _..... ........ .............................. BF.CnRnF,R it By�.._.._.._......_..__—_.._—_ ._._.._.— __hC1'ITY. I M� Nil LOF , SCALE 1' = 10 FT0 10 . 20 5 i5 Z7 LEGEND & NOTES V7GUN13 la, LpC.I<- CaRt�\E2 C\TY T�/�ONhN1ENT =OUNtz> PROPCCZ Y COR�1E2 a5 CZC�t�2 �i I CAP AS NOTCrJ . �AALLS IN L ) AC2� rZ�coF2o �RoM 195q OFFICIAL PLAT OF THC_ G1-7Y of N C»LLS IN } ARL DCC2\�/Ep V__Rc,M THE 1 9 80 C3. L_. C.ERTIF'ICA7"lON THAT NOT LESS THPN OtJC Sl �cT� 1 p1= THE RE.(21METER OF THE_ &,REA PROPOSE( Tp �� At�ENCX(-rJ 1S CONTIGUOUS W1T!-1 SHE CITY OF ASPEN CA L.0 I cz.'-F9 1 00.00, 120.00 CID 2_. S G I I O.0 7 '!O�/.I5 � = G�.19 MINIMUM RC--QU12C.p CONT-IGUIT�' 1 1 0.07 ACTUAL CONT-E Gu 1T Y 23 f — I i-i I V)!! (! 1 I m OD 1 1 I i i U) W. MAIN ST.T MAROLT \ j 11�1 i 1i1�1; i ANNEXATIONS SITE IIV) IIIi W HOPKINS I ADAMS I 1 VICINITY MAP SCALE I" = 200 FT. TRACE-- FROM CITY OF ASPEN ANNEXATION MAP ANNEXATION MAP BLOCK 19 ANNEXATION TO THE CITY OF ASPEN, PITKIN COUNTY, COLORADO A LEY BLOC K 19 (21.01' WIDE) ' ( 150.00' ) BA515 OF BEARING W. HOPKINS AVE. (EXTENDED) 56.00 WIDE LEGAL DESCRIPTION A PARCEL IOF LAND 11\1 ±'ITKIN COUNT';', ?ATG OF CGi_il(YFa Siiy, iE=:Ei1Ci PORTION OF "LOT 13","LOT 15", "LOT 16" LYING AND BEING SITUATE, IN SECTION 12, TOWNSHIP 10 SOUTH, RANGE_ 85 WEST OF THE 6th PRINCIPAL MERIDIAN, PITKIN COUNTY, COLORADO, AS SHOWN ON THE BUREAU OF LAND MANAGEMENT FLAT OF THE DEPENDENT RESURVEY AND SURVEY FOR TOWNSHIP 10 SOUTH RANGE 85 WEST OF THE SIXTH PRINCIPAL MERIDIAN, PITKIN COUNTY, COLORADO, APPROVED FEBRUARY 14, 1980, AND RECORDED DECEMBER 8, 1986, IN PITKIN COUNTY RECORDS IN BOOV 524 AT PAGE 552; A PORTION OF THE HOMESTAKE PATENTED MINING CLAIM U.S.M,S. 4211; AND A PORTION OF THE MARY B. NO. 2 PATENTED MINING, CLAIM, U_S.M.S. NO_ 19640 BEING, MORE FULLY DESCRIBED AS FOLLOWS: BEGINNING AT THE POINT OF INTERSECTION OF THE EAST LINE SOUTH SEVENTH STREET EXTENDED OF THE CITY OF ASPEN AND THE SOUTH LINE OF THE ALLEY IN BLOCK 19 EXTENDED WESTERLY FROM WHENCE THE NORTHWEST CORNER OF BLOCK 19, CITY OF ASPEN, BEARS N.14 50-49"E., A DISTANCE OF 121-01 FEET; THENCE S.14 50'49"W. ALONG THE EASTERLY LINE OF SOUTH SEVENTH STREET EXTENDED A DISTANCE OF 100.00 FEET TO A POINT ON THE NORTH LINE OF WEST HOPKINS AVENUE OF THE CITY OF ASPEN EXTENDED WESTERLY; THENCE S.75 09'11"E. ALONG THE WESTERLY EXTENSION OF THE NORTH LINE OF WEST HOPKINS AVENUE A DISTANCE OF 120.00 FEET; THENCE N.14 50'49"E_ A. DISTANCE OF 100.00 FEET ALONG THE WEST LINE AND THE SOUTHERLY EXTENSION! THEREOF OF LOT O, BLOCK 19, CITY AND TOWIdSITE OF ASPEN;_ THENCE N.75 09'11"W_ ALONG THE SOUTH LINE AND THE WESTERLY EXTENSION THEREOF OF THE ALLEY IN BLOCK 19, CITY OF ASPEN, A DISTANCE OF 120.00 FEET, TO THE POINT OF BEGINNING. EXCEPTING FROM THE ABOVE ANY PORTION LYING WITHIN LOTS K,L.M & N BLOCK 19 CITY AND TOWNSITE OF ASPEN. SURVEYORS CERTIFICATE I, DAVID W. McBRIDE, (ASPEN SURVEY ENGINEERS, INC.) A RF_GISTERED SURVEYOR IN THE STATE OF COLORADO, DO HEREBY CERTIFY THAT THIS FLAT AND SURVEY WAS PREPARED UNDER MY DIRECT SUPERVISION AND IS CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF. ASPEN SURVEY ENGINEERS, INC. DATED- SQ David W_ Mcsrir�e RLS 16129 t�.��4"�ifk'•. /�. y . 16129 ASPEN CITY COUNCIL APPROVAL THIS BLOCK 19 ANNEXATION TO THE CITY OF ASPEN WAS APPROVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, AS ORDINANCE NO. ON THIS _-_- DAY OF ---'_- ________________, 198___ AND THIS FLAT, EXECUTED ON THE ------ DAY OF -----------------------------ATTEST: _ ------------------------------ YOR CITY CLERK CLERK & RECORDER'S ACCEPTANCE THIS PLAT OF THE BLOCS 19 ANNEXATION TO THE CITY OF ASPEN! WAS FILED FOR RECORD IN THE OFFICE OF THE CLERE: AND RECORDER OF _PITKIN COUNTY, COLORADO, AT _."NI_ ON THIS DAY OF -------------- 198 IN PLAT BOOK AT PAGE_ AS RECEPTION NUMBER CLERKTAND RECORDER PREPARED BY Aspen Survey Engineers, Inc. 210 S. GALENA ST. P.O. BOX 2506 ASPEN, COLORADO 81612 (303) 925-3816 JOB NO. 1 )52