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HomeMy WebLinkAboutcoa.lu.an.Bennedict nw1/4.1982 '" :~ " / r-.. I""', ~ PETITION FOR ANNEXATION Petitioners, FREDERIC A. BENEDICT and FABIENNE BENEDICT, the owners of the land described in the annexation map, four copies of which are submitted herewith, respectfully petition the City Council of the City of Aspen, Colorado to annex said land. In support of this petition it is shown to the Council that: 1. The land to be annexed consists of 0.55 acres, more or less, and is described as follows: A parcel of land situated in the Section 18, T. 10 S., R. 84 W. of the County, Colorado and being more fully follows: EastJ, of 6th P.M., described pitkin as Beginning at corner of No.1 Riverside Placer (M.S. 3905 A.M.) said corner Being' on the westerly boundary line of Lot 12 of the Callahan Subdivision; Thence S. 00014'00" W. 230.00 feet along said westerly boundary line to the southwesterly corner of said Lot 12; Thence N.89046'OO" W. 70.00 feet along the westerly extension of the southerly boundary line of said Lot 12 to the centerline of the Roaring Fork River; Thence along said centerline N. 32027'17" W. 74.05 feet to the point of intersection with the southerly extension of the westerly boundary line of Lot 11 said Callahan Subdivision; Thence S. 89008'24" E. 110.00 feet along said line 9-1 to the point of beginning, containing 0.55 acres more or less. ~' 2. It is desirable and necessary that the above described land be annexed to the City of Aspen. Said land lies between Lot 11, Callahan Subdivision and the Roaring Fork River. The petitioners have recorded in Book 413 at page 828 a restrictive covenant which prohibits any above ground building, structures or improvements of any kind, from being constructed or maintained on said land. Said covenant, a copy of which is attached hereto as <, r'\ .~ '" -- Exhibit A, was placed on the land for the benefit of Lot 11, , Callahan Subdivision to preserve the existing natural beauty, vegetation and open space. Petitioners request the City of Aspen to incorporate the open space restriction into any ordinance which annexes said land. Promptly following a determination by the city council that this petition for annexation is valid in accordance with the provisions of C.R.S. 1973, ~31-12-107, petitioners will submit an application to the Planning and Zoning Commission requesting that said land be platted as an addition to said Lot II, that the replat of Lot 11 be exempted or excepted from the subdivision ordinance and that it be adopted as an amendment to the original PUD Final Plat and Development Plan filed in Plat Book 5 at page 7. petitioners allege that the creation of additional open space is entirely compatible with the residential nature of this portion of the Callahan Subdivision. 3. The requirements of C.R.S. 1973, ~~31-12-104 and 31-12-105 exist or have been met. 4. The signers of this petition are the owners of 100% of the territory included in the area proposed to be annexed. They own such land as tenants in common, that is each owns an undivided 50% interest in the entire tract described above. 5. The mailing address of the petitioners is: Fredric A. Benedict Fabienne Benedict 1280 Ute Avenue Aspen, Colorado 81612 6. petitioners request that, upon annexation, the land described above be zoned Residential, R-15 as is Lot 11, Callahan Subdivision, subject however, to its dedication as open space as requested in Paragraph 2 hereof. 7. The affidavit of the circulation of this petition appears herein immediately following the signatures of the petitioners. WHEREFORE, petitioners request that the City of Aspen approve the annexation of the land described above in paragraph 1 hereof - 2 - <. ,'-"" ,-.." , , and further described and shown on the Annexation Map submitted herewith. Date signed: ~j//f.< 3A//~2 ?~,q~ Frederic A. Benedict, petitioner 10<- t,'LA-W,"- ~-^ ed';/-- Fabienne Benedict, petitioner Date signed: STATE OF COLORADO ss. COUNTY OF PITKIN James T. Moran, being duly sworn, says: 1. I am over 21 years of age; 2. I am the sole circulator of the foregoing petition; 3. Each signature on the foregoing signature of the person whose name it Subscribed and sworn to 1982. ames T. Moran 600 East Main Street Aspen, Colorado 81611 before me this 31 ~ day of March, witness my hand and seal. My commission expires f) ru:Jo 6.vr.. ~/, /9Rt-1- .......\(1/,10.1 ~.R Notary '1-{~AAJ.. Public Address: &00 E, m~ f;;f. H&fJLv- / (b, ff I Cc ( I -3- ~ , .<:'v. ,...~u ') Recorded at 10: 40A-'1 Septemher 10, 1981 Loret ta Banner Recordet~ ..," .. .~ A; , .~ . DECL~R~TION OF PROTECTIVE COVENANTS ,-,1;.41:3",:: 828 THIS DECLAR~TION OF PROTECTIVE COVENANTS is made this 4th day of September, 1981 by FREDRIC A. BENEDICT and FABIENNE 3~NEDICT, Declarants, WITNESSETH: WHEREAS, Declarants own Lot 11 Callahan Subdivision, City of Aspen, County of Pitkin, State of Colorado and also own the land southerly thereof between said Lot 11 and the Roaring Fork River, , and WHEREAS, Declarants wish to enhance the desirability and environs of both the said Lot 11 and the Roaring Fork River by imposing restrictions against the construction of above ground improvements on the land hereinafter specifically described and therepy preserve existing features of natural beauty, vegetation and open space. NOW THEREFORE, Declarants, for themselves, their heirs, personal representatives and assigns hereby declare that: 1. No above ground buildings, structures or permanent improvements of any kind shall ever be constructed or maintained on the following described real property, to-wit: A tract of land situated' in the East 1/2 of Section 18, Township 10 South, Range 84 West of the 6th P.M., pitkin County, Colorado and being more fully described as follows: Beginning at corner No. 1 Riverside Placer M.S. 3905 Am said corner being on the westerly boundary line of Lot 12 of the Callahan Subdivision; Thence S 00"14'00" W 230.00 feet along said westerly boundary line to the southwesterly corner of said Lot 12; , Thence N 89046'00" W 70.00 feet along the westerly extension of the southerly bound.:HY line of said Lot 12 to the centerline of the Roaring Fork River; Tnencealong said centerline N 32021'27" W 74.0~ feet to the point of intersection with the southerly extension of the westerly boundary line of Lot 11 said Callahan Subdivision; / EXHIBIT L '" ",-,: ~~ -J.. .j . --'1'" . . . I I I , , / ^ r<; ; SG~f. 4t} i',\C,E 829 Thence along said southerly extension N 00"14'00" E 168.88 feet to the southwesterly corber of said Lot 11 being on line 9-1 of said Riverside Placer; Thence S 89"08'24" E 110.00 feet along said line 9-1 to the point of beginning containing 24,118 square feet, more or less, (the restricted Property). ,'\-- , .\ '';',:",:-::: /'~ ~, 2. This declaration is made for the benefit of ;, ," "\ .,' rt ' " LotJ3' 11 ~F- Callahan Subdivision, City of Aspen, Pitkin County, Colorado and the owner or owners thereof, who shall have, by this declarati.on, permission for pedestrian and equestrian access over and across the restricted Property, provided, however, that no motorized vehicles shall be permitted in the restricted Property except maintenance vehicles when in use for maintenance work. 3. The restrictions in this Declaration shall continue until September 1, 2001, and from year to year thereafter until amend'ed or terminated by written instrument executed by the owner "" ,.0'A.e.. .~,.. \. '~r~ r~ or owners of said Lot~ 11 a'hJ l'll, Callahan subdivision and the owner of the restricted property. IN WITNESS WHEREOF the Declarants have executed this Declaration as of the day and year first above written. ''1-~ q \[1?9"~~<P Fredric A. Benedict --7 of< /,'e~ f:3.e..u;eE;.:t-l Fabienne Benedict . /',' STATE OF, COLORADO ) ) S5. ) COUNTY OF PITKIN '" ",' The foregoing was ackno\dedged before me this 7"'4day of September, 1981 by FREDRIC A. BENEDICT and FABIENNE BENEDICT. Witness my hand and official seal. ~\ :My commission expires on: -..::r- .z..Z-- f~ "/ . ." ;-.. , c-_.;;;:>~ ~-1 ..<f' A _ P ~-,-----,--,:::(-~.g~(:;.~~.<' :: Notary P.Gblic , y,'. <") .:,:-.<,'-~:-- "".. ,.' ",\', -2. ~, ,.-, HOLLAND & HART ATTORNEYS AT LAW TELEPHONE 292-9200 AREA CODE 303 500 EOUITABLE BUILDING 730 SEVENTEENTH STREET DENVER,COLORADO 80202 CAS!..E ADDRESS HOLHART, DENVER PLEASE REPLY TO: MOUNTAIN PLAZA BUILDING P. O. SOX 1128, ASPEN,COLORADO 81611 TELEPHONE 925-3476 AREA CODE 303 December 18, 1975 Ms. Phyllis Kenny Administrative Assistant City of Aspen 130 South Galena Street Aspen, Colorado 81611 Dear Phyllis: This is in response to your letter of December 16. 1975 requesting confirmation that Fredric A. Benedict was acting for Benedict Land & Cattle Company, as well as for himself, in petitioning for the annexation of the Callahan Subdivision lands. As counsel to the Company I can assure you that Fritz, as President of Benedict Land & Cattle Company. was duly authorized to act and was acting on behalf of the Company in petitioning for annexation of the Company lands described in the petition and in the annexation map. Yours very Moran JTM:nun cc: Mrs. Pat Maddalone ..It-. 9:3~ November 20, 1975 Reception ~ 179521 .: ie ,Hane Recorder, ' Recorded BOOK305 PAGE 6861 RECORD OF PROCEEDINGS 100 Leaves FooM '.' c, f'. ''''':~_KrL e. 8. & L. ':0. 'ORDINANCE NO. 64 (Series of 1975) AN ORDINANCE ANNEXING TWO PARCELS OF LAND LYING EAST OF'THECITY OF ASPEN, THE FIRST CONTAINING APPROXIlifJATELY 4.1, AND THE SECOND CONTAINING APPROXIMATELY 2.2 ACRES, AND ANNEXING THE SAME PURSUANT TO THE PROVISIONS OF THE 1965 COLORADO MUNICIPAL ANNEXATION ACT WHEREAS, the City Council has been presented with a Petition for Annexation for two parcels of land adjacent to the City of Aspen, and WHEREAS, the City Council has determined that said territory is eligible for annexq.tion in that: a. Not, less than one-sixth (1/6th) of the perimeters of the areas proposed to be annexed are contiguous with the City of Aspen, and b. That a community of interest exists between the territories proposed to be annexed and the City; that the territories to be annexed are urban or will be urbanized in the near future; and that the territories proposed to be annexed are integrated or capable of being integrated with the City, and ' WHEREAS, Section 31-8-107(1) (g) C.R:S. 1973 provides that when a petition for a,nnexation i,s signed by the owners of one hundred (100%) percent of the property proposed to be annexed, the City Council , may proceed by ordinance to annex such territory by ordinance without notice and hearing required by Sections 31-8-108 and 31-8-112, C.R.S. 1973, and WHEREAS, the Petition for Annexation presented has been signed by owners of one hundred (100%) percent of the property proposed to be annexed, ar;d the Council wishes to proceed with the annexation as anticipated by Section 31-8-107 described above. I I I"'" ,~ BOOK305 PAGE687 RECORD OF PROCEEDINGS 100 Leaves ro~" ',' C. F. "OrCKH Fl. ij, II-~. co. NOW, THEREFORE, DE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Section 1 That the following described tracts be and hereby are annexed to the City of Aspen, Colorado, to wit: Parcel No.1 A tract of land situated in the NW\SE\ of SeC. 18, TlOs, R84W of the 6th p.n;, Pitkin County, Colorado, said tract is more fully des- cribed as follows: Beginning at Corner No. 9 of the Riverside Placer (M.S. 3905); thence S.B9"08'24" E. 545.44 feet along ,line 9-1 of said Riverside Placer; thenceS.09"29'2l" W. 417.22 feet; thence N.84" 00'00" W. 200~OO feet; thence N.49"00'OO"W. 350.00 feet; thence N.68"00'OO" W. 120.00 feet; thence N.38"11'25" E. 158.05 feet to the point of beginning, containing 4.113 acres, more or less. Parcel No.2 A tract of land situated in the SE\NE~ and in the NE\SE\ of Sec. 18, TIOS, R84W of the 6th P.B., Pitkin County, colorado, said tract is more fully described as follows: Beginning at Corner No. 1 of the Riverside Placer (M S. 3905); thence N.OO"14'OO" :So 500.47 feet along line ,1-2 of said Riverside Placer to a point on the southwesterly edge of the Colorado State Highway No. 82 right-of-,qay; thence 309.08 feet along the arc 'of a curve to the left having a radius of'603.00 feet and whose chord bears S.44"45'57" E. 305.71 feet, said arc 'being the southwesterly edge of said right-of-way; thence S.59"27'OO" E. 104.10 feet along the southwesterly edge of said right-of-way; thence N.89"46'OO" W. 256.03 feet; thence S.00"14'00" N. 231.75 feet; thence S.67"31'04" E. '237.70 feet; thence S.00",14' 00" H. 140.00 fe'et; thence N.89"46'OO" ;'1.270.00 feet; thence N.OO"14'OO" E. 230.00 feet to the point of beginning, containing 2.223 acres, more or less. Section 2 '. , If any provision of this ordinance or the application there- of to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of the ordinance which can be given effect without the invalid provisions or application' -2- , , / / r-. r-. BOOK305 PAGEf)88 RECORD OF PROCEEDINGS 100 Leaves FOIIM'~ C. F. flfl(CK~l B. II. I!o l. CQ. and to this end the provisions or applications of this ordinance are delcared to be severable. Section 3 '1:' A public hearing on this ordinance shall be held on the c2J d<J.Y of ~ , 1975, at 5:00 P.M. in the City Council Chambers, Aspen City Hall, Aspen, Colorado. INTRODUCED, READ AND ORDERED published as provided by law by the City Council of the City of Aspen, at its regular meeting held ~ /y:.., 1975; / i'; "",--',.-: "''''',' " ;":"h""""",:, , :) r /1,(',':.1", :,' :~;':~.,~.?,<. . :ATTES.T:., \' :"~;'~R~ <,<' '., '-": 111 ,_~", _'. ,',,' " S C Y III, MAYOR U --",','.'-'-', FINALLY ADOPTED AND , 1975. .-,d';, ''. :.... '.: I ST ',', '::, ,.' ATT,E'sT:.. , f~;)}i~IiL;'",~ '" ,... .",',",..,..'".1:" 1/'.." ....." " .<:~.~"~ :MTflRYN . H U'l'ER; iQIT<Yi, CIlEW<' .. ".. o. ,I' I;,,' '::;2, ,...... ~""--"'" -3- I > . I"'" , .,....." . ~,-' '-" . ~ v SODK305p^G'E 689> .. STATE OF COLORADO,::T ) ) ss ) CERTIFICATE COUNTY OF PITKIN I, Kathryn S. Hauter, City Clerk of Aspen, Colorado, , do hereby certify that 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 {'(2~ /~, 197 s,' and publish- / ed in the Aspen Times a weekly newspaper of general circul- ation, published in the ,City of Aspen, Colorado, in its issue of &~ /~ , 197~ and was finally adopted and approved at a regular meeting of the City Council on 197~ and ordered published as Ordinance No. , Series of 197 S of said City, as provided by law. IN WITNESS WHEREOF, I have hereunto set my hand and /fLLJ the seal of said City of Aspen, Colorado, this day of ~. , 197 5". """ ~.~dcL~ K thryn S )1Hauter, City Clerk . .. ",' ...-,- ~ 5., ....0. -4 H4f;lB? , .~ PETITION FOR ANNEXATION OF TERRITORY TO THE CITY OF ASPEN, COLORADO We, the undersigned, being landowners within the exterior boundaries of the territory hereinafter described, do hereby respectfully petition the City Council of the City of Aspen, Colorado, to annex said territory to the City in accordance with the provisions of Title 31 Article VIII, Colorado Revised Statutes, 1973, and allege as follows: 1. That it is desirable and necessary that such territory be annexed to the Municipality. 2. That the requirements of Sections 31-8-104, CRS, and 31-8-105, CRS 1973, exist or have been met. 3. more than exclusive signers of the Petition comprise the landowners of territory included in the area proposed to be annexed, and alleys. That the 50% of the of streets 4. follows: That the legal description of the area to be annexed is as See Exhibit A attached hereto and by this reference incorporated herein. 5. Each of the undersigned is the owner of an undivided interest in the whole of the above-described land. 6. Each of the undersigned requests that the City of Aspen, Colorado approve the annexation of the area proposed to be annexed as described herein and in the annexation map which accompanies this petition. OWNERS: 2ek~cf~ Fredric A. Benedict Post Office Box 40 Aspen, Colorado 81611 "'. Signoo, ~ 7L1'75- () . / 1~~~ ~ ci~ Fabienne Benedict Post Office Box 40 Aspen, Colorado 81611 Date Signed: V"? 7 / '77 S- '~/- ,.-.., ,.-.., <,~~ 100 EXHIBIT "A" Annexation Boundary Descriptions: Parcel No. 1 A tract of land situated in the NW 1/4 SE 1/4 of Section 18, TlOS, R 84 W 6th PM, Pitkin County, Colorado, said tract is more fully described as follows: Beginning at corner Thence S 89008'24"E Placer; Thence Thence Thence Thence Thence 4.113 acres No.9 of the Riverside Placer (M.S. 3905); 545.44 feet along line 9-1 of said Riverside S 09029'2l"W 417.22 N 84000'00"W 200.00 N 49000'00"W 350.00 N 68000'00"W 120.00 N 380ll'25"E 158.05 more or less. feet; feet; feet; feet; feet to the point of beginning containing Parcel No. 2 A tract of land situated in the SE 1/4 NE 1/4 and in the NE 1/4 SE 1/4 of Section 18, TlOS, R 84 W 6th PM, Pitkin County, Colorado, said tract is more fully described as follows: Beginning at corner No.1 of the Riverside Placer (M.S. 3905); Thence N 00014'00"E 500.47 along line 1-2 of said Riverside Placer to a point on the southwesterly edge of the Colorado State Highway No. 82 right-of-way; Thence 309.08 feet along the arc of a curve to the left having a radius of 603.00 feet and whose chord bears S 44045'57"E 305.71 feet, said arc being the southwesterly edge of said right-of-way; Thence S 59027'00"E 104.10 feet along the southwesterly edge of said right-of-way; Thence N 89046'00" W 256.03 feet; Thence S 00014' OO"W 231. 75 feet; Thence S 6703l'04"E 237.70 feet; Thence S 00014'00"W 140.00 feet; Thence N 89046'00"W 270.00 feet; Thence N 00014'00"E 230.00 feet, to the point of beginning containing 2.223 acres more or less. . '0 l"" ~, AFFIDAVIT OF CIRCULATOR STATE OF COLORADO ) ) ss. COUNTY bF PITKIN ) The undersigned, being duly sworn, deposes and says that: 1. I am over 21 years of age; 2. I am the circulator of the foregoing petition; 3. Each signature thereon is the signature of the person whose name it purports to be. -:;M4~.g~~yZ Fredric A. Benedict Subscribed ~~ and sworn to before me this;;2 day 0 '. .... ,.. ,...".. , 1974. Witness my hand and official seal. ~- /7- 7c... My commission expires: / C --?-?...?-~~<?b...~~ Notary Pu;M~' . , -...--,,/ .' !"""\ PETITION FOR ANNEXATION OF TERRITORY TO THE CITY OF ASPEN, COLORADO r"""\ SET NO. We, the undersigned, being landowners within the exterior boundaries of the territory hereinafter described, do hereby respectfully petition the City Council of the City of Aspen, Colorado, to annex said territory to the City in accordance with the provisions of Title 31 Article VIII, Colorado Revised Statutes, 1973, and ~llege as follows: 1. That it is desirable and necessary th~t such territory be annexed to the Municip~lity. 2. That the requirements of Sections 31-8-104, CRS, and 31-8-105, CRS 1973, exist or have been met. 3. more than exclusive That the 50% of the of streets signers of the Petition comprise the landowners of territory included in the area proposed to be annexed, and alleys. 4. follows: That the legal description of the area to be annexed is as See, Exhibit A attached hereto and by this reference incorporated herein. 5. Each of the undersigned is the owner of an undivided interest in the whole of the above-described land. 6. Each of the undersigned requests that the City of Aspen, Colorado approve the annexation of the area proposed to be annexed as described herein and in the annexation map which accompanies this petition, OWNERS: 1,,/~.'q~ Fredric A. Benedict Post Office Box 40 Aspen, Colorado 81611 7a~'~ Fabienne Benedict Post Office Box 40 Aspen, Colorado 81611 Date Signed: ~cl~/- Date Signed: ~ (J ',,". 'T4CJ 7/7'75 / . 7,177':'- , ~ I"" i"""'\ EXHIBIT "A" Annexation Boundary Descriptions: Parcel No. 1 A tract of land situated in the NW 1/4 SE 1/4 of Section 18, TIOS, R 84 W 6th PM, Pitkin County, Colorado, said tract is more fUlly described as follows: Beginning at corner No.9 of the Riverside Placer (M.S. 3905); Thence S 89008'24"E 545.44 feet along line 9-1 of said Riverside Placer; Thence S 09029'21"W 417,22 Thence N 84000'OO"W 200.00 Thence N 49000'OO"W 350.00 Thence N 68000'OO"W 120.00 Thence N 380ll'25"E 158.05 4.113 acres more or less. feet; feet; feet; feet; feet to the point of beginning containing Parcel No. 2 A tract of land s:i.tuated in the SE 1/4 NE 1/4 and in the NEl/4 SE 1/4 of Section 18,TlOS, R 84 IV 6th PM, Pitkin County, Colorado, said tract is more fully described as follows: Beginning ,at corner No, 1 of the Riverside Placer (M.S. 3905); Thence N 00014'OO"E 500.47 along line 1-2 of said Riverside Placer to a point on the southwesterly edge of the Colorado State Highway No. 82 right-of-way; Thence 309.08 feet along the arc of a curve to the left having a radius of 603.00 feet and whose chord bears S 44045'57"E 305.71 feet, said arc being the southwesterly edge of said right-of-way; Thence S59027'OO"E 104.10 feet along the southwesterly edge of said r:i.ght-of-way; Thence N 89046'00" W 256.03 feet; Thence S 00014'OO"W 231. 75 feet; Thence S 67031'04"E 237.70 feet; Thence S 00014'OO"W 140.00 feet; Thence N 89046'OO"IV 270.00 feet; Thence N 00014'OO"E 230.00 feet ,to the point of beginning containing 2.223 acres more or less. ~ .~ t"'\ AFFIDAVIT OF CIRCULATOR STATE OF COLORADO ) ) S5. COUN~Y bF PITKIN ) The undersigned, being duly sworn, deposes and says that: 1. I am over 21 years of age; 2. I am the circulator of the foregoing petition; 3. Each signature thereon is the signature of the person whose name it purports to be. l' ~ '(3 d:. ,..' ,",/ ',',', , ' ,,', " ..' / ' ,./ · '~7_. 4'pe-~/_'7y2 Fredric A. Benedict Subscribed and sworn to before me this ;:7z!J!t, day o~~ ~,"~{9~4';~:>\ : Wftness my hand and official seal. /- :Jlg connnission expires: ''- .,$'-/7- 7~ c_ "'~"~c;k-dd'a/.~_ Notary Pub1J.c, ~